Say I have a multi-plex theater with 3 or 4 screens. Can I show regular DVDs to people, despite the “FBI” warning in the title credits, providing I don’t charge admission? I know I’d have to get appropriate digital projectors, sound system, etc. The technical end is definitely do-able. It’s the legal end I’m concerned about.
I’m thinking I could have several screens, posted show-times, and show the movies for free. I would, of course, provide popcorn, soda, candy, and other foodstuffs at normal theater prices.
I could also sell DVDs, and DVD projector systems. This would put me in the same position as most department and electronic stores – they always have some movie playing on multiple screens in their showrooms. I’d just have a couple really big showrooms.
I think that showing a new DVD on the big screen the day it’s released might be a good way to sell a lot of DVDs. Plus being able to show documentaries, deleted scenes, and other features. I know I’d love to be able to see some of my favorite DVDs on the big screen. Movies I was too young to see when first released, director’s cuts or extended versions that never came to theaters would be great to see. I got the opportunity to see ‘The Good, The Bad, and The Ugly’ at the Museum of the Moving Image in Queens, and it was great – I went out and bought the DVD mainly because of this showing.
Would I have to check IDs for ratings classifications? Could I show commercial television shows on my big screen? How about it, anybody like this idea?
If the opinion is that this is legal, I may actually pursue this – there is a new theater being built in a local mall, and the old multi-plex may be available.
IANAL, but I don’t think this is legal. The laws restrict public exhibition and are designed to preserve the studio’s ability to make money off the DVD; it doesn’t matter whether you charge admission or not.
If you let people see the DVD for free, then they don’t have to buy it themselves.
You’d be in violation; the fact that you don’t charge admission is not relevant. (note the FBI notice says nothing about admission – just the public performance).
The studio would have to decide to sue you, however.
Add the fact that you are making a profit on your foodstuffs because the people have come to see “THE STUDIO’s” movie. You’re making money because of their product. The customers aren’t coming because you have the tastiest popcorn in town.
If you’re serious about going forward with your enterprise, PPR for most Hollywood feature films is available through Swank . Inquire with them as to what they would charge for a group-showing of, say Shrek2, in a situation such as you describe above. You can then do the math to see if the costs are low enough that you feel you can still turn a profit on concessions & DVD sales.
If it’s not someone’s home (private home use), nor a classroom (virtual or physical) during a regularly scheduled class containing only students enrolled in that class (face-to face teaching exemption), and the film is under copyright, you have to purchase PPR for the film.
To clarify Motorgirl’s link, the actual rights retained by the copyright holder are outlined here. The right to control public performance is number 5.
Bippy, I don’t believe there would be any such restrictions. There aren’t any restrictions on them renting the DVD and the room to you for a limited time. As long as you are watching them privately during that time, no rights have been violated.
In that vein, how many people does it take before it’s no longer a “private” showing?
They may be flouting the rules, I’m not sure. They may be paying PPR, or there may be a fee they pay similar to the fee bars & restaurants pay that covers the PPR for CDs they play as background music. (I’m not sure if it’s called PPR in the music biz or if it has another name). Or there may be some sort of exemption for them, since it’s unlikely you’ll be sticking around to watch the whole thing.
On the other hand, they may just be displaying a broadcast (HBO, Showtime, TNT, NBC, or the like) - that is OK, AFAIK.
Movie rental places like Blockbuster do have limited PPR rolled into the fees they pay when they buy tapes/DVDs, so they can legally show the movies inhouse.
You’d need a lawyer specializing in copyright law to answer those questions. However, whether or not you need to purchase PPR has absolutely nothing to do with the for-profit or not-for-profit nature of the organization or event.
You know, I haven’t actually seen any of these stores playing movies in a long time. They used to do it, but not they have a collection of commercials with bits and pieces of movies thrown in. When they do have something else playing, it’s usually something being broadcast on TV.
When I was in college, early 80s, a campus Christian group was showing a video (regular secular movie) in the dorm lobby, then the leader (Dorm Administrator) realized he may be in violation of copyright, so we shoved 20+ people into his dorm apartment. YIPES!
Today, I’m sure no one would bat an eye. Still- a large hall would be a lot more conspicuous.
Actually, the opposite is true. “Movie nights” were very common social activities held in common lounges and sponsored by building associations when I used to work for Residential Programs at a major university. But close to the time I was leaving (I was professional staff, not student staff), there was increased pressure from the department to dissuade the RAs from simply showing movies without some sort of “educational” context, since a studio or two had been using a couple of universities as “examples” to testdrive harsher copyright enforcement. This was almost 10 years ag–don’t know what the status of that is now.
As soon as the studios found you out, (saw your ad in a newspaper or a legitimate theatre ratted you out) you would get a cease and desist letter and possibly sued.
Bippy You can rent a theatre screen for a night. Probably included in your rental is the rental for the film in question. If you wanted to watch The Godfather the theatre could arrange for a print of the film. They would pay a flat fee for the use. Depending on the title, somewhere between 250 or 500 bucks. Now if the movie is in currant release, the theatre may make some sort of side deal with you and cut the studio out of it’s share.
As far as your questions go I would say that a club meeting in a rented hall out, but everything before that is OK.
Thanks for chiming in. My knowledge of PPR comes solely from the librarian side of the issue. Patrons asking “Is it legal for me to do X?” and us saying variously “no,” “yes,” and “we’re not sure so proceed at your own risk.”
