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Legality of Live TV on Digital Signage. Copyright violation? Any fair use?

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Copywriter

Junior Member
I'm looking for US federal law on this topic, since I'm working with a company that sells digital signs nationwide.

I'm helping put together a blog post on the legality of showing a television channel on a digital sign. Many businesses that have these signs will use them to broadcast TV to customers. (For instance, a restaurant may have a digital menu and show CNN in one corner.)

What legal issues could a business that does this run into? Is it considered a clear violation of copyright law? Are there fair use exceptions for schools or other public entities?

Thanks in advance for any guidance!
 
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quincy

Senior Member
I'm looking for federal law on this topic, since I'm working with a company that sells digital signs nationwide.

I'm helping put together a blog post on the legality of showing a television channel on a digital sign. Many businesses that have these signs will use them to broadcast TV to customers. (For instance, a restaurant may have a digital menu and show CNN in one corner.)

What legal issues could a business that does this run into? Is it considered a clear violation of copyright law? Are there fair use exceptions for schools or other public entities?

Thanks in advance for any guidance!
What is the name of your state, Copywriter, or, if not in the US, what is the name of your country?

You need to license rights.

Fair use is an affirmative defense to a claim of infringement. Although the US Copyright Office provides fair use "guidelines," these are guidelines only. If a copyright holder believes a use of their rights-protected work has been infringed and takes legal action against the unauthorized user of the work, it will be a court that decides whether a fair use defense succeeds.
 

quincy

Senior Member
Thanks, quincy. The question is not state-specific, as these signs will be sold in several states.
Right. But this forum requires all posters to provide the names of their states. There are state laws that often need to be considered even when it comes to questions on US federal laws (think, for example, of the laws on marijuana :)).

I recommend you/the company you are working with sit down with an attorney in your area for a personal review of the digital signs and what permissions need to be acquired prior to implementing the plans for the digital signs.

Thanks for the thanks, Copywriter. Good luck.
 
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FlyingRon

Senior Member
Well, it's 100% illegal in any state in the US (and just about anywhere else) without permission of the copyright owners. Such a use would without a doubt be construed as "public performance." There are certain exemptions for TV use within bars and restaurants that give exemption to the rules for OTA TV. Cable/satellite however is different. Restaurants or bars with dishes (or cable TV hookups) need to be licensing that use.
 

quincy

Senior Member
... There are certain exemptions ...
Speaking to FlyingRon's mention of "exemptions" is 17 USC section 110, Limitations on Exclusive Rights, exemption of certain performances and displays.

Following is a link to the exemptions which are so fact-specific (e.g., size of establishment, size and number of TVs, placement of TVs ...) that, for your purposes, you should assume they do not apply and you will want to acquire licenses.

17 USC section 110: http://codes.lp.findlaw.com/uscode/17/1/110
 

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