Hello,
Here's a hit of the responses I received. I wanted to know if a small
church group could watch a NetFlix movie as a culmination of a study on the
book of Esther.
One of the group members asked "Who enforces these things?" She wasn't
being sarcastic at all, just curious!
Went through same thing at my church. It is a clear copyright violation. .
. they need to subscribe via one of the services to cover themselves.
I would guess, that ...
1. Most of the movie licensing places do have a church rate for showings or
even a yearly purchase.
2. BUT...since it is a culmination of an organized group study... as long
as only the people who participated in the study are viewing... then go for
it.
I would say it's a copyright issue unless shown in a private home. At a
church, it becomes a public performance and needs to be licensed.
(www.movlic.com allows for singler performance licenses)
Yes...it would be copyright infringement, regardless of the type of group or
where it might be meeting. The issue is that this group is "beyond the
normal family members" found within a "home environment"
which is what NetFlix offers to individuals when they provide access to
their product.
This is also outside the areas of education (which might have given you some
leverage in using it for a lesson plan of instruction within a school). You
might check into either purchasing a movie license for the church or contact
the producer to see if you can use it in your church for a limited time (1
showing).
I feel like this is a major copyright violation.
First of all, I don't believe there is any protection for a group just
because it s a religious organization. I think they must uphold copyright
guidelines as well as other profit or non-profit organizations.
Secondly, I don't think it matters where they got the movie - what matters
is that they have assembled a group and are showing the video without
getting prior permission or paying for a viewing license. I think they can
try to get permission, but I don't know what kind of luck they will have.
Thirdly, I understand that they have been studying the story about Esther,
but I don't know that alone allows them to view the entire video. I might
be wrong regarding this, but I have always been told that even educators
push copyright guidelines well past the limits really allowed.
Look at section 110(1) of the copyright act. It explains the exemptions for
use of film. You could also go through the four fair use tests to see if
your public performance is exempt. While your use may be non-profit, the
work is creative, and you are using all of it. Your use may prevent the
individuals from purchasing tickets to see, or paying to rent the film, or
purchasing a copy of the film. When your use replaces a use, rather than
supplements a use, your typically fail on the fourth factor.
Diane Averett/Librarian
Kerr-Vance Academy
700 Vance Academy Road
Henderson, NC 27537
(252) 492-0018
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