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Many departments and student organizations organize events that show a movie as a part of the event. Showing a movie involves copyrighted material owned by a third party. When you buy, rent, or borrow a recording of a movie, you normally obtain only the copy of that movie, and not the underlying copyright rights to publicly show that movie. These frequently asked questions will provide you some general guidance on showing movies at Campus Events.
Yes. The U.S. Copyright Act (Title 17 of the United States Code) governs how copyrighted materials, such as movies, may be used. Under copyright law, a copyright owner has the exclusive right of “public performance” in the work. Showing a movie is considered to be a “public performance” if either of the following is true:
Therefore, you must have the proper copyright authorization in order to publicly show a movie as an event.
No. Movies, regardless of format, rented or purchased from stores or on-line services are intended for “home use only.” This means that neither the rental nor the purchase of the movie carries with it the right to show the movie outside the home, with the exception being for “face-to-face teaching” described in Question #4 below. Therefore, copyright permission needs to be obtained from the copyright owner prior to publicly showing the movie.
No. See answer to Question 2.
Regardless of whether the movie serves an educational/academic purpose, you generally need permission or a license to publicly show a movie in its entirety.
Permission or a license may not be necessary if your professor shows a movie in the course of his/her “face-to-face teaching” activities, in a classroom or similar place devoted to instruction, provided that (i) the professor is present during the movie; (ii) the movie is used in the context of a discrete class session; and (iii) the copy of the movie being shown is a lawful copy. See 17 U.S.C. § 110(1). This “face-to-face teaching” exception encompasses instructional activities relating to a wide variety of subjects, but it does not include performances for recreation or entertainment purposes, even if there is cultural value or academic appeal.
Under certain conditions, the use of short clips of a movie may be permissible under the fair use provisions of the copyright law. Some of the considerations in applying fair use include the length of the excerpt; the purpose of the use (i.e., educational vs. commercial or for profit); the nature of the copyrighted work and the potential impact the use may have upon the potential market for or present value of the work. In general, the short clips of movies used for the purposes of educational discussion should be brief and should not constitute more than a small portion of the movie from which they are extracted. Please see the Fair Use page for more information.
Not unless the event meets the fair use criteria outlined in Question 5 or is part of the “face to face teaching” exception outlined in Question 4.
Not unless the event meets the fair use criteria outlined in Question 5 or is part of the “face to face teaching” exception outlined in Question 4.
Generally, the answer is no. The library’s feature movie collections are not purchased for public viewing. However, the library does purchase public performance rights for some documentaries. Contact the Library Director, Elizabeth Novicki, at 336-917-5417 or elizabeth.novicki@salem.edu for questions about rights to any movie in the collection.
A license to show movies publicly may be obtained from a variety of sources. The copyright owner of a movie is generally listed in the credits of the movie.
When inquiring about PPR, have the following information on hand:
Your name and the name of your organization
Where and to whom you will show the film
How your organization will pay for the rights to show the movie
Contact information for your organization
Whether or not you need a copy of the film
Salem student groups showing films are required to contact the Director of Student Engagement/Student Affairs, Ashlynn King, 336.917.5000 or ashlynn.king@salem.edu
The cost for a license from distribution companies for public exhibiting varies depending on:
Typically, a recent release of a commercial movie which is no longer showing in area theatres can cost anywhere from $500 to over $1,000 per day for the license. Older movies generally cost substantially less, but their status as ‘cult’ favorites may keep the license price high.
A letter of permission from the copyright owner may be substituted for proof of a license.
Please contact Elizabeth Novicki, Library Director, for more information about copyright.
336-917-5417
elizabeth.novicki@salem.edu