Legal Question in Intellectual Property in South Dakota

John Wayne - Old Movies - Royalties

Hello,

I work for a not-for-profit museum and we are wanting to show old John Wayne movies in our 144 seat theatre over the winter months as part of a fund-raising effort. If we have a free-will offering and do not charge for the movie, do we need to worry about paying movie royalties?


Asked on 9/24/08, 5:44 pm

2 Answers from Attorneys

John Mitchell Interaction Law

Re: John Wayne - Old Movies - Royalties

The short answer is that it makes no difference at all whether you charge money or take a free will offering, nor does it matter that you are a not-for-profit. The focus is whether you are performing it "publicly" (and based on your question, it would appear that you are) and do not fall under the exclusions in Section 107-122. Therefore, you need permission from the copyright holder. (You need not worry about paying royalties unless the copyright holder requires you to as a condition of granting permission. If you don't have permission, paying royalties won't save you.)

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Answered on 9/26/08, 1:39 am
Justin Lampel Lampel & Associates, P.C.

Re: John Wayne - Old Movies - Royalties

The short answer is you dont have to worry about copyright infringement as long as you have permission. You can contact the studio and obtain permission if you want to play it safe or you can show it without permssion and take your chances.

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Answered on 9/24/08, 5:53 pm


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