Q: What are the legal concerns for showing movies as part of our campus' LGBT programming?

A: The Federal Copyright Act (Title 17 of the United States Code) governs how copyrighted materials, such as movies, may be used. Buying a video, in most cases, does not give one the right to show the tape outside of one's home or residence hall room. Many of the films available through the vendors listed in our FAQ are licensed for home use only. For instance, most of these videotapes cannot be shown at student organization meetings/events or in residence hall lounges without obtaining a public performance license. This legal requirement applies regardless of whether or not an admission fee is charged or if it is for "educational" purposes.

"Willful" infringement done for the purposes of commercial or financial gain is a federal crime. It is punishable as a felony, carrying a maximum sentence of up to five years in jail and/or a $250,000 fine. Even inadvertent infringers are subject to substantial civil damages, ranging from $500 to $20,000 for each illegal showing. The Motion Picture Association of America and its member companies are dedicated to stopping film and video piracy in all of its forms and have filed lawsuits. They estimate that the movie industry loses over $1.5 - 2 million each year due to unauthorized public performances.

Unless a video you show explicitly states it is licensed for public performance, you must seek a public performance license for any uses outside the home. We regret that the Consortium is unable to assist you with this. The major firms that handle these licenses include:

Films, Inc. 1-800-323-4222

Swank Motion Pictures, Inc. 1-800-876-5577

Motion Picture Licensing Corporation (MPLC) (800) 462-8855

While fees vary, they are usually under $225 for one-time showings to small audiences. Alternatively, MPLC has an "Umbrella License" which allows unlimited use of all MPLC authorized motion picture titles within licensed facilities. The license period is generally one year and there is a low, annual fee. The license does not cover showings where an admission is charged or where specific titles have been advertised or publicized. MPLC licensees have maximum flexibility in programming home videocassettes and videodiscs by being able to obtain them from any source and show them legally.

License fees are especially important for lesbian, gay, bisexual and transgender films. They encourage studios to continue making and releasing more films like these.

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