Use of Copyrighted Works

Viewing Films or Playing Video Games

Student groups intending to show films or using video games during an event or public performance must obtain proper rights for use. Contact a Student Activities Advisor before holding this event for more information on doing so.

Public Performances

Neither the rental nor the purchase of a videocassette/DVD carries with it the right to show the tape outside the home. Unauthorized public performances refer to situations where an institution or commercial establishment shows a tape or film to its members or customers without receiving permission from the copyrighted owner. This includes public performances where an admission fee is charged as well as those that are simply offered as an additional service of the establishment.

The Federal Copyright Act

Title 17 of United States Code

Taverns, restaurants, private clubs, prisons, lodges, factories, summer camps, public libraries, day-care facilities, parks and recreation departments, churches and non-classroom use at schools and universities are all examples of situations where a public performance license must be obtained.

This legal requirement applies regardless of whether an admission fee is charged, whether the institution or organization is commercial or nonprofit, or whether a federal or state agency is involved.

University facilities will require written documentation that a group has a license to use a film/video before allowing such an event in all campus venues. In order to show a film as a public performance a student group must purchase a Public Performance License for each instance they would like to show a film/video. This can be done by contacting one of the following agencies that handle public performance licenses for many different film companies. If license is not available through these agencies, your student group will need to contact the film/videos creator to obtain license purchasing information.

• Swank Motion Pictures, Inc. 800-876-5577
  www.swank.com
• Criterion Pictures USA 800-890-9494
  www.criterionpicusa.com
• Motion Pictures Licensing Corp. 800-338-3870
  www.mplc.com

Penalties of Copyright Infringement: Willful infringement for commercial or financial gain is a federal crime punishable as a misdemeanor, carrying a maximum sentence of up to one year in jail and/or a $100,000 fine. Inadvertent infringers are subject to substantial civil damages, ranging from $500 to $20,000 for each illegal showing.