COPYRIGHT LAW

According to the Federal Copyright Act, copyrighted materials like movies and TV shows can be used publicly if they’re properly licensed. However, neither rental nor purchase of entertainment content carries the right to exhibit it outside of one’s home. Swank's Patient Entertainment Program can help your patients and guests enjoy the best entertainment available while helping your facility adhere to U.S. Copyright Laws.

What exactly is a public performance?
A public performance is the exhibition of a movie or TV show outside of someone’s home.

Why should I obey copyright law?
Violating copyright law through unauthorized use of entertainment content:

• Leaves individuals open to embarrassing publicity, possible jail time and hundreds of thousands of dollars in fines.
• Prevents those who worked hard on a film from receiving their just compensation.
• Essentially robs motivation to create from authors, computer programmers, playwrights, musicians, inventors, movie producers and more.

Who does copyright law apply to?
This law applies to everyone, regardless of whether admission is charged, whether the institution is commercial or nonprofit or whether a federal, state or local agency is involved.

This means hospitals, colleges, universities, public schools, public libraries, day care facilities, parks, recreation departments, summer camps, churches, private clubs, prisons, lodges, businesses and more all must properly license movies to show them publicly.

What happens to those who violate copyright law?
Motion picture companies can and will go to court to ensure their copyrights are not violated. Those convicted could face embarrassing publicity, up to five years in prison and fines ranging up to $250,000.

Do we need a license even if we don’t charge admission? What if someone already owns the movie or TV program?
Yes, a license is required for all public performances regardless of whether admission is charged. The rental, purchase, lending or download of a movie does not provide the right to exhibit it publicly outside the home unless the movie is properly licensed.

Who’s responsible if a movie or TV show is shown without a license?
The management of the facility where the movie is shown bears the ultimate responsibility and consequences of copyright infringement. However, anyone involved with the public performance of copyrighted material could be implicated.

A small group is having an informal gathering in our facility. Do we still need a license?
Yes, a license needs to be obtained regardless of the number of people attending if the movie or TV show is being shown outside the home.