Showing of Films for Educational Purposes

Hello,

I really hope someone can give me some input on this. I'm a student at UCLA who recently started a film society devoted to screening and teaching people about classic and artistic cinema. The group would be completely non-profit and consist only of other UCLA students. After creating the organization, I was recently told by someone that to screen any film, I must first purchase the the "public performance" rights regardless of reasons, intentions, venue, etc. As each film costs $200+, I simply can't afford to do that. I'm only a student interested in showing movies that are 60 years old to a handful of people in a classroom for free.

When researching copyright law, I came across this (17.usc.110):

"Notwithstanding the provisions of section 106, the following are not infringements of copyright:
(1) 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, unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images, is given by means of a copy that was not lawfully made under this title, and that the person responsible for the performance knew or had reason to believe was not lawfully made"

I feel like this describes what we will be doing almost perfectly. At every meeting, I would be teaching at length about the films, the creators, their production, and their significance to cinema and culture.

Does anyone have any thoughts as to if this clause could apply to me and my group?

Three suggestions: One, I suggest you have one of the professors at UCLA connected in some way with your film society group, to legitimize it for educational purposes. Two, I suggest you contact each film copyright holder directly to obtain permission to use their copyrighted film for your group in the manner you propose. Three, I suggest you review your film society plans with an attorney in your area, or with one of the law professors at UCLA.

The clause you cited is a "fair use" clause in the Copyright Act, and fair use is tricky. It is not permission to use copyrighted works but rather a defense that can be used if a copyright infringement suit arises over a particular use of copyrighted material. The fair use clauses provide only guidelines for what can be considered fair use of another's copyrighted material.

A court will generally look at four factors when determining if a use is fair or not: the purpose and character of the use (ie, nonprofit or commercial; for criticism or comment or education or research or news reporting), and the nature of the copyrighted work in question (ie, documentary or entertainment), and the amount and substantiality of the work that is used (ie, a film clip or the whole film; a book paragraph or a whole chapter), and the effect of the use on the market for or value of the copyrighted work.

If, for example, you want to show "The Artist" to your film group - the showing of this film for free could affect the revenues generated by the film in the theaters. The use without permission would probably not be a fair use, regardless of how much you and your film group discussed the film afterwards. If, for example, you want to show the 1923-created film "The Covered Wagon" to your film group - this film is in the public domain and, with or without discussion by your group, it can be shown without permission. The use without permission is a fair use because the film is in the public domain.

If, however and for example, you want to compare the 1923 black and white silent film "The Covered Wagon" to the 2011 black and white silent film "The Artist," this may or may not be considered a fair use. It depends on the many factors listed above.

Copyright infringement actions are fact-specific. They will first depend on whether a copyright holder finds another's use of their material infringing on their rights enough to file a suit against the user of their work. Then an infringement action will depend on whether a court decides, based on the specific facts presented, that the copyrighted work has been infringed or the use was a fair use of the material. Fair use is ultimately decided by a court.

There is no way to predict in advance, in other words, what a copyright holder will do or what a court will decide. There are only guidelines provided for fair use of copyrighted material. Because these are only guidelines and not permission to use copyrighted material, the Copyright Office recommends that anyone who wishes to use another's copyrighted material for any reason get permission first from the copyright holder.

Again, refer to my three suggestions above. It is entirely possible that, if an educator is connected with your group, a copyright holder may grant you permission to use their copyrighted film in the manner you propose without any cost to you. Just make sure to get any permission that has been granted in writing and signed by the copyright holder. Otherwise, you may wish to stick to public domain films, which will require no permission to show.

I admire you, by the way, for your initiative in starting this film group, and I think you are wise to get answers to your legal questions now instead of later when you are actually faced with a legal issue arising from your use of copyrighted material.

Good luck.