Do you have to get permission for a free showing of something?

Question

I am a member of a club that shows movies, etc, and they always complain about how getting permissions is a pain in the butt.

They don't charge admission, you don't even have to pay to be a member. Do they really need to get permissions? This is in North Dakota, if that makes any difference.

Answer 1

State does not make a difference. The problem here is the possibility of copy right infringement. Believe it or not, showing something for free, even in a class room runs that risk unless express consent is given or bought from the company.

I teach part time at a university along with my other responsibilities as a lawyer, and I over see a couple clubs which tend to show movies. We have to purchase the copies which grant the rights for showings. None of these include the possibility of charging admission either. That is an entirely different level!  

Answer 2

I would call the local police just to make sure you are not violating any local ordinances.

Good luck!

Al

Answer 3

you usually need permission based on how many people you are showing it to rather than whether you are charging admission. If it's a few people, that may be "fair use" rather than "entertainment." We had to deal with permissions for showing documentaries for free in college. This has to do with federal copyright rights not state law.

below from US Copyright office website:

Can a school show a movie without obtaining permission from the copyright owner?

If the movie is for entertainment purposes, you need to get a clearance or license for its performance.

It is not necessary to obtain permission if you show the movie in the course of “face-to-face teaching activities” in a nonprofit educational institution, in a classroom or similar place devoted to instruction, if the copy of the movie being performed is a lawful copy. 17 U.S.C. § 110(1). This exemption encompasses instructional activities relating to a wide variety of subjects, but it does not include performances for recreation or entertainment purposes , even if there is cultural value or intellectual appeal.