Legal Question in Entertainment Law in Missouri

Is it illegal to rent movies then have people pay to come watch them?


Asked on 10/14/09, 1:00 am

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

Yes, that is a public performance for profit and that is a copyright infringement unless the movie is public domain or you have obtained permission from the copyright owner. .

To get permission for this, go to the MPLC (Motion Picture Licensing Corporation) at www.mplc.com

Here are their FAQs:

Q. We own the Video, do we still need a license to view or show it in public?

A. Yes. The location requires a license regardless of who owns the Video. While you may own the actual video, you are only granted the right to view it in your home, not to perform it in public.

Q. We do not charge admission. Do we still need a license?

A. Yes. Regardless of whether an admission fee is charged, a license is required. However, the Umbrella License� covers only those situations where admission is not charged.

Q. We are a non-profit organization. Do we still need a license?

A. Yes. Under the law, it does not matter if you are a non-profit or for-profit organization. You are required to have a public performance license to show Videos.

Q. How much does the Umbrella License cost?

A. In most cases, the MPLC has set license fees based on the type and size of facility. However, if the facility and/or use falls outside of these categories we will determine a reasonably priced license fee within your organization�s means based on the nature and size of the audience and anticipated frequency of showings.

Q. We are a preschool; do we qualify for a �face-to-face�teaching exemption?

A. No. The educational exemption is narrowly defined and applies to non-profit academic institutions only.

Q. We show Videos on our closed-circuit system. Do we need a license?

A. Yes. The Copyright Act provides that closed-circuit transmissions are automatically deemed public performances.

Q. We are not open to the general public. Do we still need a license?

A. Yes. Any location outside of the home is considered public for copyright purposes and requires a license.

Q. We rent out our facility to other groups. Can we be liable for copyright infringement?

A. Yes. The facility owner can be held vicariously liable and all parties may be considered �contributory infringers.�

If you have any further questions, please do not hesitate to contact the MPLC at (800) 462-8855 or send us an email to [email protected].

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Answered on 10/14/09, 2:48 pm


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