Legal Question in Intellectual Property in Tennessee

using computers, etc. in child care

I work at a child care center's afterschool program. We have a computer in our room with CD-ROM games that the children can play, special ''movie days'' (not part of the routine schedule, just done occasionally) where we serve popcorn and watch day-care owned or rented movies, and a music center where the children can listen to CD's or the radio. In these days of copyright infringement lawsuits against individuals, etc., I was just wanting to check to make sure these activities are OK legally. Every child care that I have ever worked at has done these things and they are sanctioned (and even encouraged) by the Department of Human Services, which is our licensing agency. I am just a Christian trying to do the right thing. :) Thanks for your reply and God Bless.


Asked on 12/17/06, 11:03 pm

1 Answer from Attorneys

Lawrence Graves Coolidge & Graves PLLC

Re: using computers, etc. in child care

The exhibition of the movies probably runs afoul of the limits of the license to view the movie, and constitutes a "public" performance. The use of music CDs certainly does, and you should contact ASCAP and BMI to obtain the requisite licenses. There are various entities that do covert on-site inspections of businesses (particularly on the music side) to ensure that businesses that should be paying license fees are duly licensed.

Best wishes,

LDWG

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Answered on 12/18/06, 9:22 am


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