COPYRIGHT COMPLIANCE AND PUBLIC PERFORMANCES

The Federal Copyright Act of 1976 specifies that copyrighted materials like movies and televisions shows can be used publicly if properly licensed. 

When you stream, buy, rent, or borrow a physical or digital copy of a movie (or any other audiovisual work) made by someone else, you normally obtain only the copy, and not the underlying copyright rights to the movie. This allows you to watch the film in the privacy of your own home or dorm room, not to show it for a "public performance" or viewing.

Departments and student organizations wishing to host "public performance" of a film on campus must obtain a "public performance license" prior to the promotion and official viewing.

Before You Show a Film FAQ'S Film License Request Form


BEFORE YOU SHOW A FILM

What is a public performance?

The showing of a movie will be considered to be a “public performance” if either of the following is true:

  • You will be showing the movie to people other than members of your family or a small group of your friends, outside of a public residence.
  • You will be showing the movie in a place that is open to people other than members of your family or a small group of your friends (for example, an auditorium, classroom, or reserved space on campus), whether or not any such people attend.

(Generally speaking, then, showing a movie in your home or dorm room will not constitute a public performance, as long as you limit attendance to family and friends. Most other showings will constitute public performances.)

Are there exceptions?

Even if your proposed showing will constitute a “public performance", you still will not need to obtain a license if any of the following is true:

  • You will be showing the movie in a classroom that is associated with a registered WSU course that students are enrolled in and attending for course credit.  
  • Your copy of the movie came with an express license authorizing the particular manner of showing.
  • The movie you wish to show is in the “public domain.” (Determining whether a particular movie is in the public domain can be difficult, and even movies that are quite old can still be protected by copyright. The Public Domain Movie Database publishes a list of movies it believes to be in the public domain, but it is neither complete nor authoritative.) Public Domain Movies Library of Congress National Film Registry

How much does a film license cost?

  • A film license rate varies. Independent releases can be free or low cost while popular films can exceed $1,500.
  • Licensing rates are set based on popularity, time of year, proximity to sequel releases, and more.
  • SEB can help determine the rate of a film license. When you complete the interest form below, tell us your budget and we can reach out to licensing agents.

Where can I find a list of available films?

There are multiple licensing agencies that provide licenses for major motion pictures. Each represent and serve different production studios and offer different films as a result.

  1. Swank Motion Pictures swank.com
    Walt Disney Pictures, Warner Bros., Paramount Pictures, Sony Pictures, Universal Pictures, Lionsgate, MGM, Focus Features, Miramax, and more
  2. Criterion Pictures US criterionpicusa.com
    20th Century Studios, Searchlight Pictures, and Troma Films, and more

Other independent agencies and non-profits may carry licenses for smaller productions, documentaries, and independent films

  1. ROCO Films rocofilms.com
  2. Collective Eye Films collectiveeye.org
  3. Indie Rights indierights.com

 

Frequently Asked Questions

How do I obtain a license?

If you are interested in showing a movie on campus, contact student.orgs@wichita.edu or seb@wichita.edu. A staff member will assist you in obtaining a film license.

What do I need to know before securing a film license?

The agency issuing the film license is going to ask you for the following

  • location
  • estimated number of attendees
  • cost of admission
  • and if it is being shown inside or outside

Please have all details confirmed and locations reserved before contacting an agency representative.

What exactly is a public performance?

A public performance is an exhibition of a movie that is shown outside of someone’s home.

Why should I obey copyright law?

Violating copyright law through unauthorized use of a movie:

 

  • Prevents those who worked hard on a film from receiving their just compensation.
  • Essentially steals motivation to create from authors, computer programmers, playwrights, musicians, inventors, movie producers and more.

 

A public performance license ensures money will be paid to the entire cast and crew who worked on a film from start to finish. If these men and women do not receive this hard-earned revenue through sources like licensing fees, they may no longer invest their time, research and development costs to create new movies.

Who does copyright law apply to?

This law applies to all U.S. schools, and its entities, regardless of:

 

  • Whether admission is charged.
  • Whether the institution is commercial or nonprofit.
  • Whether a federal, state or local agency is involved.
  • What year the movie was produced.

 

This means public libraries, colleges, universities, public schools, day care facilities, parks, recreation departments, summer camps, churches, private clubs, prisons, lodges, businesses and more all must properly license movies to show them publicly.

Can I show any film at any time?

Movie licenses for films may not be available at the time you want. Production companies will issue blackout dates to licensing agencies for multiple reasons including if a film is being remade, celebrating an anniversary, or has a sequel.

Do we need a license even if we don’t charge admission?

Movie licenses for films may not be available at the time you want. Production companies will issue blackout dates to licensing agencies for multiple reasons including if a film is being remade, celebrating an anniversary, or has a sequel.

What if someone owns the movie?

The rental, purchase, lending, streaming or download of a movie does not provide the right to exhibit it publicly outside the home unless the screening is properly licensed.

If I purchased a Single Event Public Performance License to show a movie, can I show that movie whenever I want?

Unfortunately, no. These licenses are only valid for a specific, designated time frame.

A small group is having an informal gathering in our facility. Do we still need a license?

A license needs to be obtained regardless of the number of people attending the screening if the movie is being shown outside the home.

Where can I find more information on copyright laws?

For more information on copyright laws, feel free to read these sources:

 

  • Copyright Law of the United States of America
    Limitations on exclusive rights: Exemption of certain performances and displays.
  • Motion Picture Association (MPA)
    The MPA is an anti-piracy organization that is dedicated to assisting local governments and law enforcement authorities in the investigation and prosecution of piracy cases.
  • Copyright for Schools: A Practical Guide
    By Carol Mann Simpson, 5th edition, (Linworth Publishing, c2010).
  • com
    This site explains the rating system that movies are set up with. There is also a 25 page PDF file on this site that goes into vast description on each rating.

Film License Request Form