Legal Question in Intellectual Property in United Kingdom

Public Performance Of A VHS Video

I work for a student cinema, and we want to show a triolgy of films. We can only get hold of the second two however and therefore would like to show the first from a video we have. What I would like to know is what constitutes a public performance of a video (which is prohibited by the copyright written on the video), is there a limit to the number of people, or is it if you charge?


Asked on 1/19/01, 9:31 am

1 Answer from Attorneys

Richard Howard Richard Howard & CO

Re: Public Performance Of A VHS Video

Under copyright law �performance� includes any visual or acoustic presentation of film on video. A public performance is identified by examining the facts of each case. If the audience could legally be considered to be part of the public, whether or not a charge is made for viewing the film, a public performance will take place. The size of the audience is irrelevant as a small number of people may still be considered to be the public. The student cinema will almost certainly be treated as a place of public entertainment for copyright law purposes. Those who organise the viewing, authorise the use of the premises and provide the equipment to show the film will be liable for infringement of copyright to the copyright owner.

You should therefore seek consent from the copyright owner to show the video.

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Answered on 2/21/01, 8:20 am


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