ClearOne Digital Media - Manual (Page 37)

Under present law, copyright exists automatically from the moment a work is fixed in a
tangible medium of expression. The work may be published or unpublished and it is not
necessary for the copyright to be registered with the Copyright Office. As of March 1, 1989,
a notice of copyright on the work is optional and its absence does not necessarily mean that
the work is in the public domain. In short the rights of copyright apply to video recordings
as well as to other works and it is best to assume all recordings are protected by copyright
(unless verified otherwise by the original creator of the creative work).
What are some of the ways to find out if a video recording has public
performance rights or home use rights?
+ Determine what rights are attached to a video recording at the time it is purchased or
acquired, and document that information. Know that the video recording is a legal copy
and know if the source of purchase or acquisition has the right to grant or convey public
performance rights or not. NOTE: It is the responsibility of the person displaying a
video recording to ensure they have legal right to do so in the situation they plan to use
it in. Do not assume showing a home use licensed movie in a church is the same as a
school or the same as a retail store. Consult an attorney if you have any questions or
concerns about whether your application could be infringing or not.
+ Look for rights information on the video label, container, or on the screen. Video
recordings with “home use only” rights usually, but not always, have statements
indicating home use. Do not assume a video recording has public performance rights
if “home use” or wording to that effect is not indicated. For example, video recordings
with public performance rights rarely have that information specifically stated.
+ Contact the copyright owner or the owner’s authorized representative for rights
information. If the rights cannot be determined, in order to avoid infringing activity, it is
advisable to assume a video recording does not have public performance rights.
When might schools or libraries consider obtaining licensing in order to
use “home use only” video recordings for public performance?
Organizations should consider purchasing a license for public performance such as when
a public library desires to show video recordings in any situation outside of the definition
of “home-use-only” or, in the case of schools, outside of the definition of the “face-to-face
teaching exemption.” As example, a public library would need public performance rights to
show a video recording to staff in an in-service workshop, to children during story hour, or
to a community group meeting. A school would need public performance rights for a video
recording to be shown for entertainment in place of recess on a rainy day, or for after-school
programs, or as a reward.
pg 37 StreamNet Digital Media and System Design Reference Guide
Public Performance Rights