Copyright Law Boston College Law School March 11, 2003 Rights - Public Performance, Display.

Copyright Law

Boston College Law School

March 11, 2003

Rights - Public Performance, Display

Exclusive Rights

• 17 U.S.C. §106– “Subject to section s107 through 122, the owner of the

copyright … has the exclusive rights to do and to authorize any of the following:

• (1) to reproduce the copyrighted work …

• (2) to prepare derivative works …

• (3) to distribute copies … to the public …

• (4) … to perform the copyrighted work publicly …

• (5) … to display the copyrighted work publicly …

• (6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission

Public Performance• 17 U.S.C. §101

– “To ‘perform’ a work means to recite, render, play, dance, or act it, either directly or by means of any device or process …”

– “To perform or display a work ‘publicly’ means -• (1) to perform or display it at a place open to the public or at any

place where a substantial number of persons outside of a normal circle of family and its social acquaintances is gathered; or

• (2) to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or process …”

Public Performance

• 17 U.S.C. §110 Exclusions– (1) Face-to-face teaching activities

– (2) Instructional broadcasting

– (3) Religious services

– (4) Performances of music with no commercial advantage

– (5) Mere reception of broadcast in public

– (6) Agricultural fairs

– (7) In connection with sale of records or sheet music

– (8) Noncommercial broadcasts to deaf and blind

– (9) Certain charitable performances

Public Performance

• 17 U.S.C. §110 Exclusion for:– “(4) performances of a nondramatic literary or musical work

otherwise than in a transmission to the public, without any purpose of direct or indirect commercial advantage and without payment of any fee or other compensation to any of its performers, promoters, or organizers, if

• (A) there is no direct or indirect admissions charge; or

• (B) the proceeds, after deducting the reasonable costs of producing the performance, are used exclusively for educational, religious, or charitable purposes …”

Public Performance• Examples of 110(4) activities

– Charitable concert– High school dance– Playing a CD on the beach– Singing a song in public– Playing music at a party

• Not 110(4) activities– Playing music in the background at a restaurant or store– Playing a DVD at a charitable event– Putting on a school play

Performing Rights Societies• ASCAP, BMI, etc.

– Get a blanket license to publicly perform all works owned by the society

– Royalty and terms depend on type of company and level of use

• Sample ASCAP license categories– Airline Supplier– Airlines– Auto Racing Tracks– Baseball - Leagues and Teams– Body Building Contests– Bowling Centers ...

Public Performance• 17 U.S.C. §101

– “To ‘perform’ a work means to recite, render, play, dance, or act it, either directly or by means of any device or process …”

– “To perform or display a work ‘publicly’ means -• (1) to perform or display it at a place open to the public or at any

place where a substantial number of persons outside of a normal circle of family and its social acquaintances is gathered; or

• (2) to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or process …”

Public Performance

• Performance through transmission issues– Reception of broadcasts in public places

• E.g. radio station in a retail store or restaurant

• E.g. t.v. broadcast in a sports bar

– Secondary transmission of broadcasts• E.g. cable t.v. transmission of broadcast t.v.

• E.g. apartment building re-transmits from single antenna

Public Performance

• 17 U.S.C. §110(5) Exclusion for:– “(A) … communication of a transmission embodying a

performance or display of a work by the public reception of the transmission on a single receiving apparatus of a kind commonly used in private homes, unless -

• (i) a direct charge is made to see or hear the transmission; or

• (ii) the transmission thus received is further transmitted

– “(B) communication by an establishment of a transmission … embodying a performance or display of a nondramatic musical work … if ….

• [Certain limitations on square footage, number of speakers, etc.]

• [No direct charge, etc.]

Public Performance

• Example– Large retail establishment wants to play music I

in background– What are its options?

• Play CDs through internal system

• Play radio broadcast through normal radios

• Play radio broadcast through a more sophisticated internal system

Public Display

• 17 U.S.C. §106– “Subject to sections 107 through 122, the owner of the copyright

… has the exclusive rights to do and to authorize any of the following:…

• (5) … to display the copyrighted work publicly …”

• 17 U.S.C. §109(c)– “Notwithstanding the provisions of section 106(5), the owner of a

particular copy lawfully made … is entitled … to display that copy publicly … to viewers present at the place where the copy is located.”

Ringgold v. BET

Assignment for Next Class

• Start VI.C. - Moral and Other Rights– Read through Universal v. Reimerdes– Instead of handout for Reimerdes, read supp.

vol. 2: 1080-1106 (Corley)