Legal Question in Constitutional Law in New Mexico

Re: video copyright

No, and no. It's not just charging admission - it's the public performance right under the copyright act. When you buy a DVD, you are allowed to show it for personal use, but not to perform or show it publicly. Of course, you can buy a license to show it for the purpose you propose.

Re: video copyright

You ask whether a school show a fairly recent DVD purchased at a local store for a fundraiser and charge admission, or can we charge for the popcorn and show the DVD free. First, it doesn�t matter whether it is �fairly recent� or several years old. The only issue pertaining to age is whether it is still in copyright, and in most cases, the answer is yes, but if it is a movie old enough to be in the public domain, you can do whatever you want (but very few are in the public domain). Second, it makes little difference whether you charge admission at all, much less whether you just charge for the popcorn. The key question is whether it constitutes a public performance. Based on the facts you have given (an event as a fundraiser open to the public, not a private showing open to the normal circle of family and friends), it is a public performance, and would therefore infringe the exclusive right of the copyright owner unless it falls within fair use. And, based on the facts you have given, I don�t see how it could meet the fair use standards.

In short, your best approach is to obtain the permission of the copyright owner. Depending on who that is, permission may be given at no charge (for example, if the copyright owner likes your school or supports the cause for which funds are being raised). Many motion picture studios also use a third party, such as the Motion Picture Licensing Corporation, to license public performances. See http://www.mplc.org/.

For the views of the Motion Picture Association of America, see http://www.mpaa.org/Public_Performance.asp.