Is this a breach of copyright law?

paddyblue

I have a problem that i could do with some advice on.

There is a certain charity organization in Dublin that wants to show films in a church after mass. This isn't a fundraising event but more of a 'community gathering'. There is no entry fee being charged. This will be advertised on the charity's website and announced in the church each week before the film is shown.

The charity organizers have not begun this yet as they are unsure if they are breaking copyright law by showing these films in public. I've read somewhere that showing material for informative/educational purposes - in schools for example - will exempt a person/group from breach of copyright. Can the charity use this exemption to show their films? Or do they need to obtain a lisence or permit?

I would appreciate any advice on this and any information on who the charity can contact to obtain permission.

Tipsy Mac

Yes 100% in breach of copyright law, it's an offence to show a film to the public whether fee paying or not. They would need written permission to proceed with it, otherwise would risk prosecution.

paddyblue

Ok - i thought as much. But who can they contact to get permission?

seamus

Yeah, probably in breach alright. While in general the copyright specifies "Private use", it usually also mentions the word "Home" and gives a list of places where the copyright isn't valid, such as schools, workplaces, oil rigs, etc.

I'm not sure exactly who you contact. Probably the distributor or the copyright holder's offices here. It should say something like "© Buena Vista International", so it'll be them that you contact.

I would very much doubt they'd issue any kind of levy, they'll probably just issue an exception for the purpose. Always better to check though, particularly when it's advertised and essentially a public showing.

Maximilian

If you look at the copyright warnings we all try to skip over (but the DVD never bloody lets us) it will confirm that its prohibited without permission.

I do know that some movie distribution companies have offices in Ireland. Google or even the Golden Pages might help.

I would suggest you ask in the Film forum - I imagine someone there has hosted screenings before and knows the score.

Pines

Agree with the other posters - you need to get permission from the copyright owner, identified in the copyright notice. They may direct you to a local distributor or licensee.

paddyblue wrote: »

I've read somewhere that showing material for informative/educational purposes - in schools for example - will exempt a person/group from breach of copyright. Can the charity use this exemption to show their films? Or do they need to obtain a lisence or permit?

Just to clarify this point: the educational exemption for films is narrow, but it does exist.

If a film is:

- shown at an educational establishment
- for the purposes of instruction
- the audience is limited to teachers, pupils, and other people directly connected with the activities of the establishment (this does not extend to parents, for example)

.. then it is not considered to be a public showing of the film for copyright infringement purposes. Obviously, the showing of a film in a church does not fall within this exception.

cycleoin

Crikey guys -

Go ahead and show the film. Seriously, I don't see the might of corporate america either hearing about it or caring.

Sometimes a practical approach must be adopted.

Maximilian

Sure but that's not what he was asking. Personally, I'd do it anyway. Can't see a charity event being sued.

BaconZombie

If the copyright is owned by a US company them YES they will sue....

http://www.washingtonpost.com/wp-dyn/content/article/2008/01/31/AR2008013103958.html

Maximilian wrote: »

Sure but that's not what he was asking. Personally, I'd do it anyway. Can't see a charity event being sued.

paddyblue

cycleoin wrote: »

Crikey guys -

Go ahead and show the film. Seriously, I don't see the might of corporate america either hearing about it or caring.

Sometimes a practical approach must be adopted.

I don't think that a practical approach can be taken here. They realize that it is unlikely any action would be taken against them if they did just show the films without permission. But they are representing a wider organization that could face legal action & financial penalties for the actions of a few of it's members. This planned film screening is not exactly an official event - raiasing funds etc, but more of a local get together for community members to enjoy themselves. If the organizers were fully responsible for this they would take the chance but because they are using the charity's name to promote & advertise the event then they have to follow the law here.

Thanks to everyone for all the info though.

Duffman

If you want to obtain a license for the film you need to contact on of the Irish copyright agencies rather than the film studio.

I'm not sure which organisation deals specifically with films but have a look around the Irish Copyright Licensing Agency site www.icla.ie.