I Want to Show a Movie!!!
(without worrying about getting arrested!)

This policy is intended for individuals or organizations wishing to show a DVD or VHS publicly (outside the home to more than family and friends.)

When you want to show a film in the Procrastinator Theatre, you will be asked to provide proof that you have obtained permission (the ‘rights”) to show the material. This web page is designed to help you understand why this is necessary, and how you can go about getting the permission you need.

Why does my organization need to get permission to show this film?

Copyright infringement is a serious offense under the law, and is also the equivalent of stealing from a film distributor. While it is important to abide by the law, it is also important that your organization represents itself well by doing the right thing—getting permission to show the film.

As an MSU organization, the University counts on you and your organization to behave in a manner consistent with University policies, and state, local, and federal law. Should you or your organization be caught breaking copyright law, the University and/or the Procrastinator Theatre would not provide any kind of protection from your group’s liability under the law.

When do you need permission, and when don’t we need permission?

Permission to show a film is necessary more often than you might think. Some common examples are:

• Any time you show a film in the Procrastinator Theatre, the SUB, or any other public University space (this is any classroom, lounge, or common area at the University). These spaces are considered “public” spaces, and showing the movie in these areas is the equivalent to showing them in a theater.
• If you have used publicity to invite your audience to the showing (this includes but is not limited to mass emails, letters, flyers, and web postings). Because movie rentals are intended for private use, renting them does not provide you with the permission you need to have a public showing in which an audience is invited.
• If you are charging admission for the showing or an event in conjunction with the showing (charging for a lecture that will accompany the film, for example). This would be true even if you showed the film at your house, or at another venue off campus.
• You need permission even if the film showing is for educational purposes. If the distributor has special permission for films shown for educational purposes, they will still need to give you the written confirmation you need to protect your event under the law and Union policy.
• You do not necessarily need permission if you are showing brief parts of a film. There are not set rules for what “brief” means in this context, but a general rule is that these snippets are OK when the event is free, when the snippet does not reveal key plot items to the film, when the length of the showing is not substantial, and when it doesn’t affect people’s likelihood of seeing the entire film.
• Your department may already have permission to show the film. If you are showing the film in conjunction with an academic department (especially the film department), that department may already have permission. Check with your department to be sure. If permission is already granted, they will be able to show you written proof of the fact.

What about the “Educational Exemption”?

The Educational Exemption, also called the “face-to-face teaching exemption,” is a precise activity which allows the legal use of movies in certain types of teaching. In order for a movie to be considered an “Educational Exemption,” all criteria must be met:

• A teacher or instructor is present.
• The showing takes place in a classroom setting with only the enrolled students attending.
• The movie is used as an essential part of the core, current curriculum being taught. (The instructor should be able to show how the use of the motion picture contributes to the overall course study and syllabus.)
• The movie being used is a legitimate copy, not taped from a legitimate copy or taped from TV.

If you are uncertain about your responsibilities under copyright law, consult your school legal copyright representative.

How can I get permission?

Getting permission for showing most films is fairly simple. For some rare or international films, it may prove to be a bit trickier. Most “mainstream” films that are distributed for non-commercial use (which is what most campus showings would be) come from one of two main distributors, or you can search for the proper source:

• SWANK Motion Pictures, Incorporated – the web site for this company is www.swank.com, and the phone number is 800-876-5577. The list of films they distribute is on their web page, but they add new films everyday.
• Criterion – They are the other big distributor. Their web site is www.criterionpicusa.com, and their phone number is 800-890-9494.
• Conduct a web search – a good place to start is www.imdb.com, the Internet Movie Database. Simply go to the site, type your film in the search area on the left, and choose the correct film out of the results. Once you choose your film, go to the “Company Credits” and look up “distribution.”
• If you STILL can’t find out who distributes the film, you can call (310) 247-3020, to the Reference Library of the Motion Picture Academy.

What is a film distributor going to ask me?

• Your name, and the name of the organization you are working with
• How you intend to show the film (advertise all over campus vs. to a small group, whether you are charging, what kind of venue you are showing the film in)
• If there is a charge, how your organization will pay for the rights to show the movie.
• Contact information for you organization
• Whether or not you need them to send you a copy of the film

After I have obtained permission, what “proof” does the Procrastinator Theatre need to see?
Once you have obtained the rights, you will receive a written record of your permission to show the film. This is commonly called a “confirmation.” If you are being charged, an invoice will follow this confirmation once you show the film. Confirmations can come via the mail, email or fax (the Procrastinator Theatre fax number is 406-994-6911), and will have the film, the date(s) you have permission to show the film, the contact information of your representative from the distribution company, and the format you requested the film in (if the film is being sent to you), and other pertinent information.

If a distribution company is unable to provide a confirmation, they should send you a letter or via e-mail that certifies that you have legally obtained the rights to show the film. This should be on letterhead with all contact information of the distributor available.

I have more questions. Who can I talk to?

NOTE: Music copyright infringement falls under the jurisdiction of ASCAP or BMI. For helpful web sites, see www.bmi.com or www.ascap.com (See “A Crash Course in Music Rights for Colleges & Universities.”). Other helpful web sites include: http://copyright.iupui.edu/checklist.htm (for Checklist for Fair Use), and http://www.copyright.gov.