Nan,

Public performance is pretty tightly regulated, so the advice to talk
to a lawyer is very good. In her "Copyright in Cyberspace 2: Questions
and Answers for Librarians," Gretchen McCord Hoffman (who is a
lawyer), writes:

Section 110(1) of the Copyright Act, however, provides an exception to
this right [of public performance] for the public  performance of a
lawfully made copy of a work "by instructors or pupils in the course
of face-to-face teaching activities of a non-profit educational
institution, in the classroom or similar place devoted to
instruction."

She adds

"Teaching activities" are defined as those that involve "systematic
instruction" and specifically do not include performances, regardless
of their "cultural value or intellectual appeal, that are given for
the recreation or entertainment of any part of the audience."

It's possible that the university would consider your series to be
"teaching activities," but you should clear it with the lawyers to be
sure. Since, as another responder noted, this violates the terms of
your rental agreement with Netflix, you probably would have to
purchase a copy of the movies, in any case.

For uses that are closer to public entertainment, public libraries
frequently buy one-time or annual licenses through Movie Licensing
USA, which represents several of the major studios
(http://www.movlic.com/), but I don't think that this is an option
available to academic institutions or museums. You could certainly ask
about this, though.


Danielle Cunniff Plumer, Coordinator
Texas Heritage Online
Texas State Library and Archives Commission
512.463.5852 (phone) / 512.936.2306 (fax)
[log in to unmask]


>
> From: Museum discussion list [mailto:[log in to unmask]] On Behalf
> Of Curtis, Nan
> Sent: Thursday, April 01, 2010 9:00 AM
> To: [log in to unmask]
> Subject: Copyright and film series
>
>
>
> Hello All
>
> We are in the process of running a pilot film screening series at the
> Forsyth Center Galleries, one of the art museums at Texas A&M University,
> and I want to be sure I don’t infringe on copyright.
>
> The film series will be free, open to all students and the general public,
> and will include learning opportunities in the form of pre-film introduction
> and discussion and post-film discussion/question and answer.  We will be
> using DVDs that we get via museum membership to Netflix and using museum
> equipment and facility.
>
> I’ve been looking at Copyright Act of 1976, and I believe we’re clear
> according to Section 108 that allows library/archives distribution if 1) it
> is made without any purpose of commercial advantage 2) collections are open
> to the public (they are) 3) distribution includes legend stating that work
> is protected by copyright (it will).
>
> Can anyone provide any feedback/insight?
>
> Thanks,
>
> Nan
>
> Nan Curtis
>
> Director
>
> MSC Forsyth Center Galleries
>
> 110 N. Main St.
>
> Bryan, TX  77803-3234
>
> 979 845 9251

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