Legal Question in Intellectual Property in New York

video copyright issue

We are hoping to do a Girl Scout program for teen girls revolving around issues addressed in the movie ''Bend It Like Beckham'' (diversity, family values, etc) We wish to show the movie and have discussions and activities re: these issues. We will not be charging. Do we need to obtain permission to use this video?


Asked on 12/09/03, 6:59 pm

2 Answers from Attorneys

Gerry Elman Elman Technology Law, P.C.

Re: video copyright issue

Most commercial cinematic videos (as cassette tapes or on DVD) include a limited license stating that they are provided only for non-commercial in-home use. Any other use, including the use that you state, would be outside the limitation of that license. Thus it would be appropriate for you to seek either of the two things: (1) Permission from the source of the movie; or (2) an opinion from your counsel that the limitation in the license is invalid or unenforceable, at least as to your proposed use.

Regarding option (1), it's likely that once you reach the right office, the permission would be readily granted, perhaps without charge.

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Answered on 12/10/03, 11:52 am
Kenneth Nunnenkamp Kenneth J. Nunnenkamp, Esq.

Re: video copyright issue

While the showing of a video to a group is possibly a "display" under the copyright statute (thus requiring permission), it also might be a fair use under section 107, which includes in the definition of a fair use "teaching". That section requires you to consider 4 factors when determining whether it is a fair use (too long to list here). You can find the statute at numerous websites, often by searching copyrght statute. Of course, interpretation of these sections requires an understanding of copyright law and court decisions in your jurisdiction (the Second Circuit, if New York).

I agree with the earlier, post, also that permission would likely be granted for your use, unless you intend to turn it into a national program, in which case they might be very interested in knowing how much of the movie you intend to show.

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Answered on 12/10/03, 12:21 pm


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