Arizona Practical Questions Archive
Several common misconceptions exist with regard to copyright law as it applies to the public display of movies, music, and other media. One such misconception is that individuals can show movies where they please simply by virtue of the fact that they purchased a copy of the DVD, rented a copy at the video store or via Netflix, or purchased the movie on pay-per-view. This is simply not the case.
Federal law prohibits the public performance of copyrighted works. A public performance is the performance or display of a copyrighted work at a place open to the public or where a number of persons outside of a normal circle of family and its social acquaintances are gathered.
The following example helps to illustrate this point: Suppose you invite a few personal friends over to screen a movie. You purchase or rent a copy of the movie from the local rental store and view the film in your home that night. Have you violated copyright law by illegally “publicly performing” the movie? Most likely not.
However, suppose you took that same movie and showed it to a substantial number of homeowners on the association’s common area. In this case you have likely infringed the copyright of the movie.
In other words, the rental or the purchase of a copy of a movie does not carry with it the right to publicly exhibit the work. So, even if the movie store clerk tells you that you can show the movie you rented to as many people as you like, he or she does not have the right to confer that license.
In order to obtain the right to publicly exhibit a movie, associations should obtain a license from the rights owner. Licenses can be obtained from three major licensing firms, but associations should always consult legal counsel prior to entering into any licensing agreement.
The major firms that handle these licenses include:
Criterion Pictures www.criterionpicusa.com (800) 890-9494
Motion Picture Licensing Corporation www.mplc.com (800) 462-8855
Swank Motion Pictures, Inc. www.swank.com (800) 876-5577
If you have any questions, please contact Jason Wood at 480-922-9292.
The information contained in this Homeowners Association Tip© is for informational purposes only and is not specific legal advice or a substitute for specific legal counsel. Readers should not act upon this information without seeking professional counsel.
© Ekmark & Ekmark, L.L.C. 2011 – reprinted at HOA Pulse with permission
