Re: Commercial films in training?

From: Jessica Litman <litman[_at_]mindspring.com>
Date: Sat, 17 Jul 1999 21:11:40 -0400

On 7/16/99, Steven D. Jamar <sjamar[_at_]law.howard.edu> wrote:
>
> It is not at all clear that if I rent or buy a film that I cannot show
> it for free to family, friends, coworkers, etc. Here, the commercial
> use of the film (to make money) is likely to be the most significant
> factor in determining fair use. Thus advertising it and charging
> admission would pretty much tip the scale against a finding of fair use.

     So long as one is showing the film to a small group in a private place, one is not performing it publicly at all. The copyright owner has no exclusive right to perform the film privately, so one wouldn't need to rely on fair use. Indeed, if one wanted to charge one's family, friends and coworkers money to attend a private, invitation-only showing in one's home, I think the copyright owner would have no legal basis to object. The same analysis ought to apply to a showing to a small group in a private space at the workplace.

     (Note to anyone who plans to rely on this to run off and show rented films: the statute defines "perform publicly" in section 101 of title 17 U.S.C., so you should check the definition first.)

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Jessica Litman
Professor of Law, Wayne State University litman[_at_]mindspring.com Received on Sun Jul 18 1999 - 01:19:17 GMT