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Author Topic: Legal? Showing DVDs for free? Dan Chilton Expert Film Handler Posts: 191 From: Springfield, MO Registered: Mar 2004 posted 04-06-2004 04:04 PM                        I know of a theater [name withheld] that is planning on showing "The Office" (critically acclaimed BBC sitcom) for free. Is this legal. I don't want to be a whistle-blower, I just want to figure out the legalities behind this. I've heard of theaters renting out their space for children's parties, where a special DVD might be played on the video projector. Wouldn't that be the same thing?  |  IP: Logged Scott Norwood Film God Posts: 8146 From: Boston, MA. USA (1774.21 miles northeast of Dallas) Registered: Jun 99 posted 04-06-2004 04:56 PM                        I'm not a lawyer, but.... If it's a public performance, then it's not legal, regardless of whether or not admission is charged. I don't know about the birthday party thing. I suspect that it's a grey area, but probably safest to license the DVD (unless it's a PD title).  |  IP: Logged Aaron Sisemore Flaming Ribs beat Reeses Peanut Butter Cups any day! Posts: 3061 From: Rockwall TX USA Registered: Sep 1999 posted 04-07-2004 12:37 AM                     AFAIK, if the space (the auditorium) is rented for a PRIVATE PARTY (emphasis on the word PRIVATE), then legally it shouldn't be any different than playing a DVD on the big-screen TV at home during a b-day party. The line gets crossed if the private party screening gets 'advertised' as to imply that anyone (read: the public) can 'attend' the 'party' solely for the purpose of viewing the video, whether an admission is paid or not. -Aaron  |  IP: Logged Dan Chilton Expert Film Handler Posts: 191 From: Springfield, MO Registered: Mar 2004 posted 04-07-2004 09:16 AM                        Interesting. Thanks for your opinions guys!  |  IP: Logged John Pytlak Film God Posts: 9987 From: Rochester, NY 14650-1922 Registered: Jan 2000 posted 04-07-2004 10:11 AM                        I suspect that even renting an auditorium for a private party where copyrighted material was screened would be questionable. If caught, the theatre might be subject to sanctions such as removal from service by a distributor, especially since the theatre was trying to profit from showing unlicensed material. Even if the private screenings were "free", any profit from concession sales would make it a commercial venture.  |  IP: Logged Leo Enticknap Film God Posts: 7474 From: Loma Linda, CA Registered: Jul 2000 posted 04-07-2004 10:57 AM                        Plus also, BBC Worldwide, the international licensing arm of the BBC which manages programme sales, are notoriously anal about protecting revenue. If the DVD this place is showing was purchased retail and they did not obtain a separate licence to screen it in their theatre, I would imagine that such a screening would probably not be legal. The licence agreements (which are often shown as the 'first play' screen on a retail DVD) are usually quite specific in stating that they only allow it to be shown in a private residence. Other group showings - even if free - are specifically excluded.  |  IP: Logged Bill Gabel Film God Posts: 3873 From: Technicolor / Postworks NY, USA Registered: Jan 2002 posted 04-07-2004 11:22 AM                     This is what a few DVD's state on the back of their packages. WARNING: For Private home use only. Unauthorized public performance, broadcast or copying is a violation of applicable laws.  |  IP: Logged Paul Linfesty Phenomenal Film Handler Posts: 1383 From: Bakersfield, CA, USA Registered: Nov 1999 posted 04-07-2004 12:03 PM                     One exception to copyright rules is that a classroom teacher can show a video in class if part of a one-one-one teaching experience. However, the video cannot be shown in the school cafeteria as part of any kind of reward, entertainment, etc, regardless if admission is charged or not.  |  IP: Logged Scott Norwood Film God Posts: 8146 From: Boston, MA. USA (1774.21 miles northeast of Dallas) Registered: Jun 99 posted 04-07-2004 01:52 PM                        For what it's worth, the disclaimers (FBI warning, etc) that come on videotapes/DVDs/etc. have no actual legal validity whatsoever, apparently. They're intended to scare off potential "casual pirates," but have no value beyond that.  |  IP: Logged Dan Chilton Expert Film Handler Posts: 191 From: Springfield, MO Registered: Mar 2004 posted 04-07-2004 02:09 PM                        I plan on speaking with the owner of the previously unnamed theater soon, so I'll be sure to ask him how he managed to get rights to show the DVD. I'll post what I learn.  |  IP: Logged John Pytlak Film God Posts: 9987 From: Rochester, NY 14650-1922 Registered: Jan 2000 posted 04-07-2004 02:11 PM                        The disclaimers are just a warning that there ARE copyright laws that can be enforced. For a theatre showing unlicensed material, there are also civil penalties and business sanctions that can be invoked by a distributor.  |  IP: Logged Charles Dale Carter Film Handler Posts: 20 From: Cary, NC Registered: Mar 2004 posted 04-07-2004 02:59 PM                        Very interesting topic that hits close to home. Would it make any difference if theater is run by a non-profit org.? And if concession sales went to benefit the operating non-profit? I, too, know of a theater that shows TV events (through a satellite TV feed) such as sporting events, races, etc. for free and charges for concessions. The showings are not advertised anywhere other than on marquee. Is this different? Is there really any legal beagle among the ranks here who can validate any of the banter here?  |  IP: Logged Dave Williams Wet nipple scene Posts: 1836 From: Salt Lake City, UT, USA Registered: Jan 2000 posted 04-07-2004 03:59 PM                        You can show broadcast programming to a crowd as long as the following is done.. You do not block out or silence commercials or station idendification... You do not charge admission (except in the case of a private club where a cover charge may be mandatory by local law)... You do not advertise that you will be showing any specific programming... it must be vague and not name the event or show itself... Such as a local bar here advertises that you can watch the college basketball playoffs on any of thier 52 screens, but never actually said the NCAA playoffs. Ciao Dave  |  IP: Logged Bill Gabel Film God Posts: 3873 From: Technicolor / Postworks NY, USA Registered: Jan 2002 posted 04-07-2004 06:01 PM                     One of the last big pay per-view fights that ran last year. A friend that owns a bar here in the city was going to have the fight. He called the cable company that services the area on the cost of the event. The price was $99.00 for private home use. They then asked how many people it seated and how many TV's were going tobe used for the event. So they quoted him a price of $49.00 per person for the public licensed to show the fight. They based the per person on how many seats in the grill area and to how many TV's. The cable company had people around the city checking on bars. Here is a warning from MGM from the back of a DVD. Warning: The copyright owner has licensed the film (including the soundtrack) comprised in this DVD for home use only. All other rights are reserved. The definition of home use excludes the use of this DVD at locations such as clubs, buses, hospitals, hotels, oil rigs, prisons and schools. Any unauthorised coping, editing, exhibition, public performance diffusion and/or broadcast of this DVD or any part thereof is strictly prohibited and any such action estabishes libility for such civil action and may give rise to criminal prosecution.  |  IP: Logged Dan Chilton Expert Film Handler Posts: 191 From: Springfield, MO Registered: Mar 2004 posted 04-07-2004 07:25 PM                        Spoke to the theater owner, and according to him/her [implication withheld], the booking of the DVD was done through their private booker. The event is being advertised, but no admission is being charged. The owner recognized the fact that showing the DVD was illegal, but assumed that his/her booker had ironed out the legal issues. After the booker okayed it, the owner put it in the calendar. Do you think public performance rights for DVD will become more attainable now that every TV show in the history of man is being archived on DVD?  |  IP: Logged

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