Movie Nights: Are You Breaking Copyright Laws?

Watching movies with friends is a great way to spend time together, but does it break copyright laws? The answer is a little complicated and depends on a few factors. Generally, if you are watching a movie with a small group of friends in your home, you are not breaking any copyright laws. This is because showing a movie in your home to a small group of friends is not considered a public performance. However, if you are showing a movie to a larger group of people outside of your home, it may be considered a public performance, and you would need a separate public performance license from the copyright owner to legally show the movie.

Is it a public performance?

The definition of a "public performance" is a crucial aspect of copyright law regarding movie screenings. According to the Federal Copyright Act, a public performance refers to the exhibition of a movie outside of someone's home. This means that showing a movie in a place accessible to people beyond your family or a small circle of friends constitutes a public performance.

In the context of watching movies with friends, the line between private and public performance can be nuanced. Here are some scenarios to illustrate this:

• Watching a movie with your family or a small group of friends in your home: This is generally considered a private performance and does not require a license. It falls within the scope of personal, private viewing, which is not restricted by copyright law.
• Renting a space for a private party to screen a movie exclusively for family and friends: This scenario also falls under private performance. As long as the event is closed to the general public and limited to your guests, there is no copyright law violation.
• Streaming a movie online with friends who are physically distant: This situation becomes more complex. While it may seem like a private event, the method of streaming and the number of people involved can be factors in determining whether it is considered a public performance. Streaming services' terms of service often prohibit re-streaming or sharing your screen with others, and they may consider this type of activity a breach of contract. Additionally, copyright law considers the "public" to include people outside of your normal circle of family and social acquaintances. Therefore, if you are streaming a movie to individuals beyond your immediate family and close friends, it could potentially be deemed a public performance, requiring a license.
• Showing a movie in a classroom or instructional setting: Even in an educational context, a public performance license is typically required unless specific exceptions apply. These exceptions include face-to-face teaching activities in a classroom-like setting, using a legitimate copy of the movie, or obtaining the film from an approved distributor or filmmaker.

It's important to note that the definition of "public performance" can vary slightly depending on the specific copyright laws in your jurisdiction. Additionally, the method of obtaining the movie, such as purchasing, renting, or borrowing, does not grant you the underlying copyright rights to publicly display the movie. If you intend to show a movie outside of your home, it is generally advisable to obtain a public performance license from the copyright owner or a licensed distributor to ensure compliance with copyright laws.

What constitutes a public performance?

The definition of a "public performance" varies depending on the context and the relevant copyright law.

United States

U.S. copyright law defines a "public performance" of music as any music played outside a normal circle of friends and family that occurs in any public place. This includes music transmitted to the public via radio, TV broadcasts, digital service providers, and any other means. This definition grants songwriters, composers, and music publishers the exclusive right to play their music publicly and to authorize others to do so.

In the context of showing movies or other audiovisual works, a "public performance" occurs when a film is shown to people outside of a normal circle of family and their social acquaintances. This typically includes showings in places open to the public or accessible to people beyond one's family and close friends, such as classrooms, theaters, or other public venues.

United Kingdom

In the UK, the Copyright, Designs and Patents Act 1988 states that a "performance" includes any form of visual or acoustic presentation of a work, including playing a recording of it. A "public performance" refers to a performance made to the public, meaning that the performance is made to more than just a "circle of friends and family."

Other Jurisdictions

The definition of a "public performance" may vary in other countries and jurisdictions, so it is essential to refer to the specific copyright laws in the relevant region.

What are the consequences of violating copyright law?

Copyright law gives the creator of an original work the exclusive right to publish, display, perform, copy, and otherwise profit from the work for a specific length of time. This law is known as the federal Copyright Act. Under it, people other than the copyright owner are restricted from using the work without the permission of the copyright holder, except under very limited circumstances. If you violate the rights of a copyright holder, you might be sued for copyright infringement.

Copyright infringement includes sharing copyrighted works without permission and is against the law. The consequences of copyright infringement include civil and criminal penalties. Anyone found liable for civil copyright infringement may be ordered to pay either actual damages or "statutory" damages affixed at not less than $750 and not more than $30,000 per work infringed. For "willful" infringement, a court may award up to $150,000 per work infringed. A court can also assess costs and attorneys' fees.

Criminal penalties for copyright violations can be significant. Even first-time criminal offenders can end up with hundreds of thousands of dollars in penalties and imprisonment for up to 180 days. Subsequent offenses can result in increased financial penalties and prison sentences.

In addition to legal consequences, violating copyright law can also result in reputational harm. If others find out about the infringement, it could damage your personal and professional well-being.

To avoid civil or criminal consequences, it is important to carefully avoid infringing on someone else's copyright. It is also recommended to consider formal registration for your works to have legal protection if someone infringes on your work.

What are the exceptions to the license requirement?

Watching a movie with friends in a private setting, such as your home, does not require a license and is generally lawful. However, there are certain exceptions to this rule where a license would be required.

Firstly, if the movie is being shown in a commercial setting or a non-private setting, a license is necessary. This includes places like bars, restaurants, private clubs, lodges, factories, summer camps, public libraries, and churches. Even if no admission fee is charged or the event is hosted by a non-profit organisation, a license is still required in these settings.

Secondly, if the attendees of the movie screening extend beyond your family and social acquaintances, a license is typically required. This means that if you are showing a movie to a group of people outside of your immediate family and close friends, it is considered a "public performance" and requires a license.

There are, however, a few exceptions to the license requirement for "public performances":

• Face-to-face teaching activities: If the movie is being shown as part of face-to-face teaching activities in a classroom or similar instructional setting, and you have a legitimate copy of the movie, you may not need a license. This does not include electronic transmissions or recordings of broadcasts.
• Approved distributors or filmmakers: If the film comes from an approved distributor or filmmaker, it may already include the necessary permissions for public performance.
• Express license: If your copy of the movie came with an express license authorizing public performance, you may not need to obtain a separate license. This is sometimes the case with educational movies purchased at institutional prices.
• Public domain: If the movie is in the public domain, it may be exempt from certain copyright restrictions. However, determining whether a movie is in the public domain can be challenging, and even older films may still be protected by copyright.

It is important to note that there is no general "educational," "nonprofit," or "free of charge" exception. Even if a movie is being shown for educational purposes or without charge, a license is typically required if it constitutes a "public performance" and does not fall within one of the specific exceptions mentioned above.

How do you obtain a public performance license?

Watching a movie with a group of friends is generally considered lawful if it is done in a non-commercial manner. However, if you wish to show a movie to the public, you will likely need a separate "public performance" license from the copyright owner.

A public performance license is a formal agreement with the owner of a copyrighted work that grants you permission to play or perform the work in public. In the case of movies, this typically refers to playing a film in a public place or to a large group of people outside of your family and social acquaintances.

To obtain a public performance license for a movie, you can try the following methods:

• Rent the movie directly from a distributor authorized to grant such licenses, rather than from a video store.
• Contact the copyright holder (usually the studio) directly.
• If you are a business owner, you can use a B2B music streaming service that handles licensing for you, such as Soundtrack Your Brand.

It's important to note that the cost of a public performance license can vary depending on the movie and the intended use. For recent movies, you can expect to pay several hundred dollars or more.

Frequently asked questions