An instructor wants raise funds for the College Honors Club. She has the idea to have a family event on campus at the beginning of the Holiday Season. At the event she wants to show a full-length Hollywood Movie, along with face-painting and a raffle. They'll either have a ~$5 door per family or ask for donations only to gather the funds.
This is a case of public performance, but is there an exception or a fair use argument that would allow the movie to be shown without a license fee?
I don't think fair use will cover it.
Factor one: though the purpose is to support education, it is not educational, nor is it transforming the work, it is simply displaying it.
Factor two: The nature of the work is highly creative.
Factor three: the entire film will be displayed.
Factor four: it may have a tiny impact on the local rental market for this particular film, that it would be shown to raise money also factors against fair use.
The movie is in a class of works outside this exception. Hollywood movies and other dramatic media is going to be tough to sell. There also exist licensing mechanisms from multiple companies that will provide movies for a price.
RESOLUTION: They went ahead and licensed the movie. $370 OR half of the proceeds, whichever is less.
IMHO, There are three uses in education that might favor this kind of use:
This is a case of public performance, but is there an exception or a fair use argument that would allow the movie to be shown without a license fee?
I don't think fair use will cover it.
Factor one: though the purpose is to support education, it is not educational, nor is it transforming the work, it is simply displaying it.
Factor two: The nature of the work is highly creative.
Factor three: the entire film will be displayed.
Factor four: it may have a tiny impact on the local rental market for this particular film, that it would be shown to raise money also factors against fair use.
Though it doesn't apply here, this exception [ 17. sec. 110(4b) ] has relevance to fundraising:
performance of a nondramatic literary or musical work otherwise than in a transmission to the public, without any purpose of direct or indirect commercial advantage and without payment of any fee or other compensation for the performance to any of its performers, promoters, or organizers, if— (B) the proceeds, after deducting the reasonable costs of producing the performance, are used exclusively for educational, religious, or charitable purposes and not for private financial gain, except where the copyright owner has served notice of objection to the performance under the following conditions:
(i) the notice shall be in writing and signed by the copyright owner or such owner’s duly authorized agent; and
(ii) the notice shall be served on the person responsible for the performance at least seven days before the date of the performance, and shall state the reasons for the objection; and
(iii) the notice shall comply, in form, content, and manner of service, with requirements that the Register of Copyrights shall prescribe by regulation;
The movie is in a class of works outside this exception. Hollywood movies and other dramatic media is going to be tough to sell. There also exist licensing mechanisms from multiple companies that will provide movies for a price.
IMHO, There are three uses in education that might favor this kind of use:
- for media studies courses,
- where the movie's content is a literal translation of literature that is part of the curriculum,
- and when the media is to be subject of an interpretive assessment instrument
But I could be wrong. Still studying!
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