|
|
 
|
|
Author
|
Topic: Business of DVD Watching
|
Ryan Peters
Film Handler
Posts: 1
From: High Point, NC, USA
Registered: May 2006
|
posted 05-28-2006 02:28 PM
New to the industry here, with a twist on the idea of the normal theater experience. My question will follow after I explain what I am looking to do.
I am looking to have a place of business in which I have 8-10 small sized rooms (maybe 20ftx15ft) set up as miniature theaters, like the kind you would find in someone's home. The seating capacity would be maybe up to 8, and the screen size no more than 100 inches. I want to rent the rooms out to people to watch DVDs in. It would not be a public room that anyone could walk into, it would be rented out by a group of no more than 8, for a showing to just them. This would be a for-profit business.
Question #1: Since they are renting it out as a private room, can they bring a DVD they personally own and watch it without infringing on any copyright laws?
Question #2: Would I be able to have, on hand, a supply of DVDs for them to choose from in their privately rented room?
I have read numerous posts in the forums concerning similar topics, but none have directly applied to what I am doing. I know that if I have to get licensing it would be through a company like SWANK or Criterion, but those licenses are good for only one showing. I need to be able to show a DVD without notice, numerous times if needed, sometimes even within the same night. Is my reasoning that they are renting the room so it would be a private showing correct, or is this wishful thinking? Please let me know if you need any further clarifications, and I look forward to your responses.
| IP: Logged
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Warren Smyth
Expert Film Handler
Posts: 158
From: Auckland ,New Zealand
Registered: Aug 2003
|
posted 05-29-2006 08:09 PM
It is clear that with the emerging HD domestic technology and the wide variety of emerging delivery and display options, it's going to become very difficult for the film industry to define what is legitimate and what is not. The risk is, that too finer restriction may well impact on what is considered at the moment to be legitimate use.
People play DVDs to groups outside of their immediate family, they lend them, sell them and view them in in boats, caravans and rented holiday locations etc. No one would want to interfere with these rights as it would lead to reduced sales.
Ultimately, there are loopholes present in lots of legislation but a reasoned assessment of the degree of negative impact, results in the practices often being ignored. Basicly it is going to be impossible to police and create rules to cover every possible situation. The cost to the industry of trying, would not be worth it. The industry has much bigger fish to fry.
Another problem, is the lack of controls on the use of intellectual property in some parts of the world. Another complication, is the protection of consumer rights in some countries which may hamper repressive controls that film companies may wish to introduce.
One thing for sure, is that while the film companies continue to attempt to maximise their returns, we haven't heard the last of this subject.
| IP: Logged
|
|
|
|
Dave Williams
Wet nipple scene
Posts: 1836
From: Salt Lake City, UT, USA
Registered: Jan 2000
|
posted 05-31-2006 12:29 AM
Depending on how you want to run this, you can actually do what you set out to do. There is a large disconnect between running screening rooms and running a club that has private lounges that happen to have full blown screening rooms.
Allowing someone to use a private room in a club would not constitute any violation of anything on your part if they brought a DVD from their own collection to view. This is not a public viewing.
If you are to take the "home use" or "personal use" to the virtual letter, then you may not even be able to remove the dvd from the bag it came in until you got home, then it must be chained to your audio visual center.
Take for instance, that I rented a hotel room, invited ten people over for drinks and we watched a movie that I purchased on DVD, there is no copyright infringement. I didn't charge anyone any money, they were my personal guests. The hotel didn't violate either, as they rented me a room in a hotel, which usually have tv's and such.
So you can operate this place, but it must be a night club with other amenities such as pool tables, texas holdem tourneys, a dj with music and tables to eat at, as well as several private lounges that are half a lounge and half a screening room, as long as you do not make available the DVD, nor do you advertize it for that purpose.
It could work. You just have to remember that it comes down to intentional use of your facilities for a sole purpose vs. a multi use facility that can also be used for one of many purposes.
Ciao
| IP: Logged
|
|
|
|
Dave Williams
Wet nipple scene
Posts: 1836
From: Salt Lake City, UT, USA
Registered: Jan 2000
|
posted 06-01-2006 05:44 AM
This is where things get technical. If you do make the dvd's available, and all you run is screening rooms, then yes, it can be construed as a public performance.
This is where "public performance" gets technical. For example, a hotel may advertise that it has 42 inch plasma screens with full surround sound and dvd player in the room, they cannot be held in violation of copyright infringement because they are renting "hotel rooms", and not "screening rooms". They have a bed as the primary purpose. Most upscale hotels have suites with screening rooms attached for which you pay a higher price. These hotels will even provide you with a selection of dvd's as well, still not in violation of copyright law.
You cannot run a "screening room" business, nor can you be liscenced as such. You can however operate a different or multi-use business that happens to have "private lounges" or "meeting rooms", which may have full blown screening equipment installed in addition to meeting or lounge style furnishings. Just as in the case of a hotel, these lounges or meeting rooms are rented for the purpose of holding a meeting or gathering, and are private; not for the general public in any case. If your guest happened to bring a DVD to watch with thier invited guests, this would be the same as in home viewing of a purchased and licensed show. Whether you do this in your own home, a hotel room, or a meeting facility makes no difference.
Operating in this way would not expose you to lilability under copyright infringement, because you are providing facilities that are mulitiple use, and not for the sole use of screening movies. It therefore becomes the responsibility of the renter to ensure that they are following copyright law.
Last example. Sony would not get sued for copyright infringement if one of its DVD players was used to play a movie for a public crowd without a licence having been attained. The DVD player is used in many types of instances, and was not manufactured with the intent to violate copyright law. This is the same that if you operate a multiple use facility that happens to have DVD players, tv's and sound systems, as many multi use facilites do, the facility is not required to ensure copyright law as their place is used for more than just watching movies.
That is the thick of it. In any case, check with at least three attorneys who have argued copyright law in court at least twice each. Make sure that anything you do in this case has legal standing before you open your doors for business. If you have the legal advice, you can hold your attorneys liable.
Ciao
| IP: Logged
|
|
|
|
All times are Central (GMT -6:00)
|
|
Powered by Infopop Corporation
UBB.classicTM
6.3.1.2
The Film-Tech Forums are designed for various members related to the cinema industry to express their opinions, viewpoints and testimonials on various products, services and events based upon speculation, personal knowledge and factual information through use, therefore all views represented here allow no liability upon the publishers of this web site and the owners of said views assume no liability for any ill will resulting from these postings. The posts made here are for educational as well as entertainment purposes and as such anyone viewing this portion of the website must accept these views as statements of the author of that opinion
and agrees to release the authors from any and all liability.
|
Home
![[Eek!]](eek.gif)
Printer-friendly view of this topic