Is My Backyard Movie Night Illegal?

The opening credits of a movie are often preceded by some type of warning, such as “The copyright holder licenses this video for home use only.” Does this prohibit your nonprofit from showing Return of the Jedi at a thank you event for volunteers? Or require you to obtain a license before watching Encanto at the neighborhood block party?

One of the exclusive rights owned by a copyright holder is the right to perform that work publicly. The Copyright Act defines publicly as “ a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered.”

By purchasing the video, you also purchased a license - or permission - to view the movie in your home. However, that permission does not extend to all uses. You could not, for example, show your DVD at a community center for personal profit.

As a result, it’s important to determine whether your use of the movie is considered a “public performance” — if so, you need to obtain a “public performance license” for that use. (Note that some public showings may be exempt from this requirement - for example, face-to-face educational activities or religious services). Even if you believe the risk of financial penalty is small, obtaining this public performance license ensures that you comply with federal copyright law.

Every situation is different, so contact our office today to determine what is right for your organization.