Public Performance Rights :
Showing a film to a group may require obtaining public performance rights. It is up to you to determine what you need to do to comply with the copyright law.

Do You Need to Obtain Public Performance Rights?
Ask yourself the following questions:

Question: Are you showing the film to the general public?
Answer: Yes, you do need to obtain public performance rights even if you are not charging for admission.

Question: Are you showing the film in a public space where access is not restricted?
Answer: Yes, you do need to obtain public performance rights.

Question: Are you showing the film to people outside your normal circle of family and friends, such as to a club or group?
Answer: Yes, you do need to obtain public performance rights.

Question: Are you privately watching the film in your home with friends or family?
Answer: No, you do not need public performance rights.

Question: Are you an instructor showing the film to officially registered students in a classroom where the content of the film directly relates to the course?
Answer: No, you do not need public performance rights. See note below:

*Section 110(1) of the Copyright Law, Title 17, U.S. Code http://www.copyright.gov/title17/92chap1.html#110 , provides an exemption for certain educational uses of videorecordings. Specifically it allows for "performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction." For further information see Janis H. Bruwelheide, The Copyright Primer for Librarians and Educators (Chicago: American Library Association, Washington, D.C.: National Education Association, 1995), 50-63.

How Do I Obtain Public Performance Rights?

First, find out if the library purchased public performance rights to the film you want to show. CyberCat, the library's online catalog will indicate if the library has purchased public performance rights, otherwise you can ask a reference librarian for assistance.

If the library does not have a copy with public performance rights, you will need to contact the copyright holder to obtain permission. Individuals and organizations are responsible for obtaining performance rights for library-owned films.

To find out who the copyright holder is, go to the United States Copyright Office and search the database of registered copyright holders. Keep records of your correspondence with the copyright holder.

For a better understanding of copyright, look at Taking the Mystery Out of Copyright (for students and teachers) and Swank's booklet: Film & Video Copyright Infringement.

A few places to rent tapes or DVDs with public performance rights are:
Swank Motion Pictures, Inc.: 1-800-876-5577
Kino International: 1-800-562-3330
New Yorker Films: 1-877-247-6200
Criterion Pictures USA: 1-800-890-9494
Modern Sound Pictures: 1-402-341-8476

To get started searching for videos, click here for "CyberCat".

For further assistance or explanation, see a reference librarian.