I would think that since no money is being charged or made for the viewing it would be ok.
-
Our native mobile app has a new name: Fora Communities. Learn more.
Legality of showing BD's to a group outside/projector w/gated
Our HOA is showing BD's on HOA property (open invite to anyone in the neighborhood of 225 houses) using a projector/12' screen. I was under he impression this was illegal. We live in a gated community so they say it's not public. Can anyone site a case or an arrest of this type of BD copyright violation or is it legal? They asked if I could site a case to prove it and also provided this from a LawGuru.com.
Quote:
Question:
I would like to show a movie to a group of neighborhood children on my inflatable movie screen using a dvd projector.
I expect my attendance would be around 10 - 25 kids, and the showing would take place in my backyard.
I spoke with the MPLC (Motion Picture Licensing Corporation) and was told that this would not require a license, as it was considered a private showing at my home. But, that it was still a ''gray area'' because of it being outside, as opposed to being inside the walls of my home.
I would like a more definitive opinion....
Thank you in advance for any response you give
Answer:
Section 101 of the Copyright Act contains the key language. Based on the facts you gave, the key question for me is not so much whether it is indoors or out, but whether the 10-25 kids are part of your normal circle of friends and family. Here is what the relevant part of Section 101 says:
"To perform or display a work publicly means
(1) to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered;"
Also consider whether your back yard is "open to the public. Mine is not, but your, I don't know. smile.gif And you certainly want the kids to be substantially part of your normal circle of family and friends.
Review the quoted language above, compare what you plan to do, and you'll probably have pretty good guidance.
John Mitchell
Interaction Law
1629 K St., NW, Suite 300
Washington, DC 20006
- Status
- Not open for further replies.
1 - 20 of 141 Posts
Should be okay just keep an eye out for black helicopters circling overhead.
I doubt they'd ever prosecute such a case but I would have thought that it goes against the law. Still the question is where you draw the line and if you can watch something with two friends why not twenty? So it seems pretty legal as long as you don't throw the door open to anyone who's wandering past.
I'd love to have regular screenings myself if I had the equipment and room.
Edit: I should have read the OP properly. If it went to court the person running it would probably have to demonstrate that everyone there was in their normal circle of friends. While it isn't impossible, it's unlikely that the defendant in this case would know everyone in all 225 houses.
I'd love to have regular screenings myself if I had the equipment and room.
Edit: I should have read the OP properly. If it went to court the person running it would probably have to demonstrate that everyone there was in their normal circle of friends. While it isn't impossible, it's unlikely that the defendant in this case would know everyone in all 225 houses.
It's illegal but I doubt anything will happen.
Nope, has nothing to do with it. A public exhibition of Movie A cuts into the market for Movie A, regardless of whether it was free or not.
Quote:
Originally Posted by gluvhand /forum/post/16881868
I would think that since no money is being charged or made for the viewing it would be ok.
Nope, has nothing to do with it. A public exhibition of Movie A cuts into the market for Movie A, regardless of whether it was free or not.
....but can anyone site or point to a singe suite or prosecution for doing it?
Shows you how effective those FBI warnings are.
I wouldn't worry about it since you're not taking the risk. Your HOA is taking the risk, albeit a ridiculously small risk.
William:
Looks like the law guru gave you the exact information you need. It appears that on its face your HOA is violating copyright law with a public performance (regardless of $ charged for same). I am not sure how much more clear that can be. Unfortunately someone at the HOA doesn't understand what "legal advice" really means.
You can't change the facts entirely (Add 200 people and do this on a commercial basis) and obtain the same result.
Unless you have more details about any potential rights and/or exhibitor license aquired by your HOA for each public exibition of a copyrighted work the consequence is unknown.
Put it this way. Do you sneak into theaters and watch movies for free? The movie theater sells tickets and has a license to exhibit the movie in return for payment of a fee. How does that fit with what the HOA is doing by showing DVDs for free?
Does the HOA copy CDs and given them out to friends for free?
Does the HOA copy DVD/BD movies and give them out to the 225 residents for free?
From the general information provided, if the movie is open to 225 unrelated persons and there is no license, educational use exception, or performance fee paid by the HOA as the exibitionist to the copyright holder it sure sounds like a copyright violation.
Now don't consider that legal advice. For that you would have to consult a licensed attorney with knowlege of the relevant US Code (since its federal law no particular state license matters) and provide him or her all of the details missing from your factual scenario. Any why does it matter if anyone has been prosecuted for this? It's still theft to display a copyrighted work (not fitting the exceptions of the code) without permission whether that violation has ever been prosecuted or not.
I buy my own movies and my own CDs. I don't share them with 225 of my closest friends for free. Artists deserve payment for their work just like plumbers, doctors and joe blow.
Quote:
Originally Posted by William /forum/post/16881763
Our HOA is showing BD's on HOA property (open invite to anyone in the neighborhood of 225 houses) using a projector/12' screen. I was under he impression this was illegal. We live in a gated community so they say it's not public. Can anyone site a case or an arrest of this type of BD copyright violation or is it legal? They asked if I could site a case to prove it and also provided this from a LawGuru.com.
William:
Looks like the law guru gave you the exact information you need. It appears that on its face your HOA is violating copyright law with a public performance (regardless of $ charged for same). I am not sure how much more clear that can be. Unfortunately someone at the HOA doesn't understand what "legal advice" really means.
You can't change the facts entirely (Add 200 people and do this on a commercial basis) and obtain the same result.
Unless you have more details about any potential rights and/or exhibitor license aquired by your HOA for each public exibition of a copyrighted work the consequence is unknown.
Put it this way. Do you sneak into theaters and watch movies for free? The movie theater sells tickets and has a license to exhibit the movie in return for payment of a fee. How does that fit with what the HOA is doing by showing DVDs for free?
Does the HOA copy CDs and given them out to friends for free?
Does the HOA copy DVD/BD movies and give them out to the 225 residents for free?
From the general information provided, if the movie is open to 225 unrelated persons and there is no license, educational use exception, or performance fee paid by the HOA as the exibitionist to the copyright holder it sure sounds like a copyright violation.
Now don't consider that legal advice. For that you would have to consult a licensed attorney with knowlege of the relevant US Code (since its federal law no particular state license matters) and provide him or her all of the details missing from your factual scenario. Any why does it matter if anyone has been prosecuted for this? It's still theft to display a copyrighted work (not fitting the exceptions of the code) without permission whether that violation has ever been prosecuted or not.
I buy my own movies and my own CDs. I don't share them with 225 of my closest friends for free. Artists deserve payment for their work just like plumbers, doctors and joe blow.
But yet it would be perfectly legal (I assume) to lend all 255 friends that movie, one at a time.
Quote:
Originally Posted by eldithomaso /forum/post/16883964
I buy my own movies and my own CDs. I don't share them with 225 of my closest friends for free. Artists deserve payment for their work just like plumbers, doctors and joe blow.
But yet it would be perfectly legal (I assume) to lend all 255 friends that movie, one at a time.
Legal matters mean nothing with respect to logic or fairness. Regardless if money is exchanged or a showing is free, if the showing of a movie negatively impacts a business such as a local first run or second run movie theater, they would have legitimate reasons for crying copyright violation, that's why the copyright's were created, to protect the studio's main money producers.
Edited to add:
Even if you are not showing the same movie as a local theater, for example your showing of the "Godfather" on DVD is keeping a large number of people from going to see "Land of the Lost", you've violated copyright. Yeah, logic means little in legal matters.
Edited to add:
Even if you are not showing the same movie as a local theater, for example your showing of the "Godfather" on DVD is keeping a large number of people from going to see "Land of the Lost", you've violated copyright. Yeah, logic means little in legal matters.
or it takes away from Blockbuster's revenue? they need all they can get
Quote:
Even if you are not showing the same movie as a local theater, for example your showing of the "Godfather" on DVD is keeping a large number of people from going to see "Land of the Lost", you've violated copyright.
or it takes away from Blockbuster's revenue? they need all they can get
On the surface it seems to me that it is fairly clear that it is illegal.
Will it be enforced? That's a different matter.
In my neighborhood, I can usually see 1 or 2 police cars from my house. These are neighbors in my neighborhood.
But every 4th of July and New Year's Eve, lots of illegal fireworks are launched... and I find myself picking up the debris from my yard and my truck the next day.
The point here being... illegal activity taking place near police and nothing happens... BUT it doesn't mean it is legal nor does it mean one day someone in the neighborhood might not complain and force police to take action.
So... say someone doesn't like the movie being shown... and reports it... who knows what that snowball might gain momentum and accomplish.
Personally, for as nice of an idea as it might sound for a community... since it is trying to bypass law, it would be a much better for such an organized event to either get permission OR the HOA could consider pursuing a local theater and seeing if a bulk purchase for discount tickets for a movie showing might be possible. I suspect local theaters would like to do this sort of thing, especially for a slower time of day to gain viewers.
Will it be enforced? That's a different matter.
In my neighborhood, I can usually see 1 or 2 police cars from my house. These are neighbors in my neighborhood.
But every 4th of July and New Year's Eve, lots of illegal fireworks are launched... and I find myself picking up the debris from my yard and my truck the next day.
The point here being... illegal activity taking place near police and nothing happens... BUT it doesn't mean it is legal nor does it mean one day someone in the neighborhood might not complain and force police to take action.
So... say someone doesn't like the movie being shown... and reports it... who knows what that snowball might gain momentum and accomplish.
Personally, for as nice of an idea as it might sound for a community... since it is trying to bypass law, it would be a much better for such an organized event to either get permission OR the HOA could consider pursuing a local theater and seeing if a bulk purchase for discount tickets for a movie showing might be possible. I suspect local theaters would like to do this sort of thing, especially for a slower time of day to gain viewers.
Not to rude here but, my god why is everyone trying to be a party pooper?
Yes it is technical illegal but, who cares. Why do you care, is it cutting in to your legal movie parties? This is not going to be the first ever neighborhood movie party and will not be the last. The FBI is not going to "bust" down the doors and arrest everyone.
It's not really hurting any ones business in the grand scheme of things and if anything, more people may go out a buy the movie after seeing it. If it is a kids movie and being shown to kids, chances are most of there families probably own it anyway. Please, Blockbusters not hurting because of a backyard movie get-together.
My old apartment complex back in Orlando had a "movie theater" room in the clubhouse with tables and chairs setup. Every Thursday they would screen different DVDs for the community and I highly doubt they got official permission to do so. They would have popcorn and others would bring snacks and refreshments, it was all a blast and we just had fun.
All I'm saying is loosen up people, don't try so hard to make the world more of a boring place to live then it already is. Go and have fun at your neighborhood movie party and don't worry about anything.
Yes it is technical illegal but, who cares. Why do you care, is it cutting in to your legal movie parties? This is not going to be the first ever neighborhood movie party and will not be the last. The FBI is not going to "bust" down the doors and arrest everyone.
It's not really hurting any ones business in the grand scheme of things and if anything, more people may go out a buy the movie after seeing it. If it is a kids movie and being shown to kids, chances are most of there families probably own it anyway. Please, Blockbusters not hurting because of a backyard movie get-together.
My old apartment complex back in Orlando had a "movie theater" room in the clubhouse with tables and chairs setup. Every Thursday they would screen different DVDs for the community and I highly doubt they got official permission to do so. They would have popcorn and others would bring snacks and refreshments, it was all a blast and we just had fun.
All I'm saying is loosen up people, don't try so hard to make the world more of a boring place to live then it already is. Go and have fun at your neighborhood movie party and don't worry about anything.
It is probably good to get explicit legal advice on this one.
The HOA could be an easy target as the industry might try to collect
a fine from all 225 owners ie low hanging fruit.
The HOA could be an easy target as the industry might try to collect
a fine from all 225 owners ie low hanging fruit.
The OP, evidently.
Quote:
Originally Posted by rolltide1017 /forum/post/0
Yes it is technical illegal but, who cares.
The OP, evidently.
It's private property and being shown only to people who are at least reasonably associated with one another (so not just random people off the street). I don't believe this would be illegal. And even if it were, I very much doubt anything would be (or should be) done about it.
1 - 20 of 141 Posts
- Status
- Not open for further replies.
AVS Forum
A forum community dedicated to home theater owners and enthusiasts. Come join the discussion about home audio/video, TVs, projectors, screens, receivers, speakers, projects, DIY’s, product reviews, accessories, classifieds, and more!
Full Forum Listing
Top Contributors this Month
View All
WilliamR
909 Replies
BASSAHOLIC
512 Replies
bass addict
399 Replies
Recommended Communities
