Brian,

I am going to preface this by saying in all specific issues on copyright
and intellectual property that directly affects your institution consult an
intellectual property lawyer.

It is my understanding of copyright that this is not Fair Use and you will
require a license to legally exhibit / show these videos and games. Just
being a non-profit does not exempt you from copyright laws. You will be
showing all of the content or substantial portions of them. And will be
charging admission. It does not matter if the source is from Youtube or
from an app store. Your public exhibition of them is an entirely new use
that you are required to get a license for.

I teach an online course on "Copyright and Intellectual Property 101 for
Museums"  that provides tons of publications on US Copyright and
Intellectual Property laws, articles, legal cases, and specifics for
museums. I will be teaching the course again starting on May 30th. Here's
the link:
www.copyrightclass7.eventbrite.com

Cheers!
Dave

David Harvey
Senior Conservator & Museum Consultant
Los Angeles CA  USA
www.cityofangelsconservation.weebly.com

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On Mon, May 16, 2016 at 8:45 PM, Brian Failing <[log in to unmask]>
wrote:

> Good Evening,
>
>
> I would like some advice on technology and copyright. If a museum has an
> iPad and puts films from YouTube that they did not create or downloads a
> game from the app store, do they need to obtain permission to show and use
> them? The museum will begin charging admission in the coming month.
>
>
> I understand the concepts of Fair Use, but also see where this could be
> considered a commercial use of the material, in which case Fair Use does
> not apply. Or does it apply even though the museum charges admission?
>
>
> Thank you in advance for any insights.
>
>
> ~Brian
>
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