Frequently Asked Questions:

1.  What are Public Performance Rights?

     - Public Performance Rights are the legal rights held by distributors or producers over the showing of a film outside of one's    home.  The rights-holder can grant others the temporary right to show the film by selling them or granting them a Public Performance License. 

2.  When do I need to obtain a Public Performance License?

     - Any time a film is shown outside a person's personal home, the screening is considered "public."  It does not matter if admission is charged or if the entitiy screening the film is a non-profit organization, school, or library.  If the film is being shown outside of the home, it is considered "public."

3.  What about the "Teaching Exemption"?

     - The Copyright Act allows films to be screened in face-to-face teaching situations, defined by specific cirteria.  To be eligible for the teaching exemption, the screening is limited to students who are enrolled in a class in which the film is a part of systematic mediated instructional activities, the instructor is present, and the screening is an integral part of the classroom session.  Playing films for the department, for honors students, or as a "film series" or lecture series does not qualify for the teaching exemption, but requires a Publice Performance License.

4.  I bought a tape or DVD from the distributor for my school.  Does it include Public Performance Rights?

     - Most tapes are sold without Public Performance Rights, but some tapes or DVDs are sold with limited Public Performance Rights.  They may enable you to play the tape for its lifetime in public screenings on your campus.  However, you may not copy the tape or lend the tape to other institutions or organizations, or charge admission for the screenings you hold with that tape.  These rules may vary, so check carefully with the distributor when purchasing.

5.  How can I obtain a Public Performance License?

     - Obtaining a Public Performance License is relatively easy and usually requires no more than a phone call.  Fees are determined by such factors as the number of times a particular movie is going to be shown, how large the audience will be and so forth.  While fees vary, they are generally inexpensive for smaller performances.  Most licensing fees are based on a particular performance or set of performances for specified films.  The major firm that handles the majority of licensing is:  Swank Motion Pictures, Inc.  (800)876-3344 / www.swank.com.