Park falls school district

 © fair use guidelines

 

 

MOVIE PUBLIC PERFORMANCE COPYRIGHT COMPLIANCE  

 

 

SCENARIO/QUESTION:

 

Can we show a movie (video/DVD) to the entire student body as an entertainment reward?

 

 

DEFINITION OF PUBLIC PERFORMANCE:

 

Public performance is “an exhibition of an entertainment movie to groups outside the privacy of a home setting” (http://www.movlic.com/qaschool.html).

 

EXAMPLES OF MOVIE PUBLIC PERFORMANCE:

 

Movies that are used “throughout the year for many non-teaching activities such as After-School Programs, Student Rewards, Holiday Programs, Staffing Emergencies, Lunch Hour Control, Snowy Days, and much more” are examples of movie public performance (http://www.movlic.com/qaschool.html).

 

 

SCENARIO ANSWER:

 

No.  This is copyright infringement. According to Simpson, “unless [we] obtain a public performance license, [we] cannot play video- or audiotapes for entertainment or reward, such as during recess on a rainy day or after standardized tests to relieve stress.  Other restricted activities include playing video- and audiotapes outside of a regular classroom without public performance rights or express permission” (Simpson, Carol.  “Copyright 101.  Educational Leadership December 2001:  36-38).

 

 

POSSIBLE SOLUTIONS:

 

  1. Purchase an annual movie Public Performance Copyright Compliance Site License (http://www.movlic.com/qaschool.html).
  2. Teach an across-the-curriculum lesson preceding the movie with another lesson or assessment to follow the movie (integrate the movie with curriculum).
  3. Purchase an individual Public Performance Copyright Compliance License for each and every situation in which a movie is shown.
  4. Do not show the movie.

 

 

POSSIBLE CONSEQUENCES:

 

  1. There is a $500 to $150,000 penalty per infringement plus attorney fees, and “willful infringement means that you knew you were infringing and you did it anyway.  Ignorance of the law, though, is no excuse.  If you don’t know that are infringing, you still will be liable for damages” (http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm; http://www.nolo.com/index.cfm).
  2. In addition to the civil penalties noted above, the infringement could be deemed as a criminal offense punishable by a fine or imprisonment (http://www.nolo.com/index.cfm).
  3. The infringement is a violation of Park Falls School District’s copyright policy, adopted on June 2004, which states that all employees and students “will comply with copyright regulations as identified in the U.S. copyright law,” and “materials in all print and media forms may not be unlawfully duplicated or used within the District.  Any employees or students who illegally use copyrighted material will be responsible for their own actions and the consequences thereof.”

 

 

ACTION TAKEN BY DISTRICT:

 

The District purchased an annual movie Public Performance Copyright Compliance Site License retroactive to December 1, 2004, for both buildings at a total cost of $700.00 paid with District funds.  This is a site license broken down as follows:  $375.00 for the elementary/high school and $325.00 for the middle school.

 

 

 

 

 

 

 

 

 

 

 

 

 

Date:  01/14/05

 

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