Playing DVDs to a group: Legal Violation?

[ambushed]

I have a friend who’s in the local jail, and until recently there had been a DVD player and several DVDs that were used in a common room to entertain the inmates. But he tells me that the guards/staff came in one day and removed these items and claimed that they were required to do so because it was a copyright violation to allow commercial DVDs to be viewed that way (whether only by inmates or by any group not in a private home was not made clear).

Is this true and valid?

[robert_columbia]

Just a quick WAG: I have been under the impression for a long time that there was a distinction between a “public” showing (which was not ok) and a “private” showing (which was ok). The difference was somewhat vague and flexible but generally a “public” showing was open to a wider (frequently open attendance) audience while a “private” showing was not open to the public in any way and took place with only close friends and family.

E.g.:

Sitting down with your spouse and children to watch a movie: Private showing

Renting a room at the public library to screen your monthly Film Club meeting where the library has a policy that any member of the public may attend events there: Public showing

I was a part of a college club about 15 years ago and I actually did contact a film studio about showing something at a club meeting. They were really cool about it and didn’t even charge us for it. We ended up with a signed document and everything from the studio.

[jtur88]

Wait a minute – maybe we have found a way to prosecute drivers with a trunk-ful of subwoofers who play their music loud enough to be heard by the public? Copyright violation?

[Dewey_Finn]

Some of the DVDs I’ve seen have a warning much like this. I’m slightly amused at how specific the examples are. Note that they include prisons (and oil rigs).

Warning: The copyright proprietor has licensed the program (including, without limitation, its soundtrack) contained in this Digital Versatile Disc for private home use only. Unless otherwise expressly licensed by the copyright proprietor, all other rights are reserved. Use in other locations such as airlines, clubs, coaches, hospitals, hotels, oil rigs, prisons, schools and ships is prohibited unless expressly authorized by the copyright proprietor. Any unauthorized copying, editing, exhibition, renting hiring, exchanging, lending, public performances, diffusion and or broadcast, in whole or in part, is strictly prohibited. Any such action establishes liability for a civil action and may give rise to criminal prosecution.

[ambushed]

@robert_columbia

Just a quick WAG: I have been under the impression for a long time that there was a distinction between a “public” showing (which was not ok) and a “private” showing (which was ok). The difference was somewhat vague and flexible but generally a “public” showing was open to a wider (frequently open attendance) audience while a “private” showing was not open to the public in any way and took place with only close friends and family.

E.g.:

Sitting down with your spouse and children to watch a movie: Private showing

Renting a room at the public library to screen your monthly Film Club meeting where the library has a policy that any member of the public may attend events there: Public showing

I was a part of a college club about 15 years ago and I actually did contact a film studio about showing something at a club meeting. They were really cool about it and didn’t even charge us for it. We ended up with a signed document and everything from the studio.

Thanks for the info, Robert!

I realize that in the legal realm, to be logical is to be wrong, but it seems to me that a prison setting would hardly count as being open to the public

[ambushed]

@Dewey_Finn

Some of the DVDs I’ve seen have a warning much like this. I’m slightly amused at how specific the examples are. Note that they include prisons (and oil rigs).

Warning: The copyright proprietor has licensed the program (including, without limitation, its soundtrack) contained in this Digital Versatile Disc for private home use only. Unless otherwise expressly licensed by the copyright proprietor, all other rights are reserved. Use in other locations such as airlines, clubs, coaches, hospitals, hotels, oil rigs, prisons, schools and ships is prohibited unless expressly authorized by the copyright proprietor. Any unauthorized copying, editing, exhibition, renting hiring, exchanging, lending, public performances, diffusion and or broadcast, in whole or in part, is strictly prohibited. Any such action establishes liability for a civil action and may give rise to criminal prosecution.

Thanks – that appears directly on point. I can certainly see a reasonable point in the case of airlines, hotels, and a few of the others because those venues charge the viewers (explicitly or implicitly) for the screening. But the rest of the cases seem to me to be little more than “fuck you, we’ll sue for whatever reasons we choose.”

Anyway, I wonder if those restrictions apply to (1) *all *commercial DVDs or (2) only those from specific studios/vendors or (3) only those that include that specific wording?

[Ornery_Bob]

• But the rest of the cases seem to me to be little more than “fuck you, we’ll sue for whatever reasons we choose.”*

Anyone can sue you at any time for any reason. Someone can sue you because they don’t like the color of your shirt. Frivolous suits will be tossed out of court and, if possible, the one who brought the frivolous suit will be fined and made to pay everyone’s court costs, but that’s after the fact.

When it comes to copyright violation, the smart money is on the team with the best lawyers. Probably not you.

[jtur88]

@ambushed

Thanks – that appears directly on point. I can certainly see a reasonable point in the case of airlines, hotels, and a few of the others because those venues charge the viewers (explicitly or implicitly) for the screening. But the rest of the cases seem to me to be little more than “fuck you, we’ll sue for whatever reasons we choose.”

Anyway, I wonder if those restrictions apply to (1) *all *commercial DVDs or (2) only those from specific studios/vendors or (3) only those that include that specific wording?

I presume it applies to all works that are produced under the protection of international copyright law. Some kinds of works have the penalty spelled out more emphatically, owing to a history of abuse of the copyights in that field of intellectual property.