ClearOne Digital Media - Manual (Page 35)

Licensing bodies, why public performance matters, who is BMI, ASCAP, etc? Because most
all commercial music and video is licensed for home use only it is important to understand
when a use may become public performance so you can properly advise your client of the
unique requirements for this application. Our objective is to provide the user with general
information about licensing procedures and provide answers to the most frequently asked
questions that may be faced. Content licensing is a highly specialized area of entertainment
law and as such we recommend you consult an attorney or content licensing rights
consultant if you have any questions around this topic.
ClearOne is a responsible citizen in the copyright community and we believe wholeheartedly
in the protection of copyright. We support the philosophy that film makers, songwriters and
artists deserve to be compensated for their labors, an art which enhances the lives and
experience of every one of us.
What is “public performance”?
To perform or display a work “publicly” means two main things:
+ to perform or display it at 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;
+ to transmit or otherwise communicate a performance or display of the work to a place
specified by clause (1) or to the public, by means of any device or process, whether the
members of the public capable of receiving the performance or display receive it in the
same place or in separate places and at the same time or at different times.
(Title 17, U.S.C., Copyrights, Section 101, Definitions)
What does “home use only” mean?
In the case of motion pictures, including video recordings, and other audiovisual works
(music), one of the exclusive rights of the copyright owner is to perform or display the work
publicly. Unless video recordings are sold or rented with public performance rights or are
licensed for public performance, they should be considered “home use only” and should
be restricted to private showings in the home to a “normal circle of a family and its social
acquaintances.” The only exception to this is the “face-to-face teaching exemption.”
What is the “face-to-face teaching exemption”?
United States copyright law contains an exception which allows the lawful use of “home
use only” video recordings for public performance or display without the permission of
the copyright owner. Section 110 (1) of the law appears to allow the classroom use of
video programs that have not been cleared for public performance if, and only if, all of the
conditions set forth by the law are met.
pg 35 StreamNet Digital Media and System Design Reference Guide
Public Performance Rights