About Copyright Laws for Movies
Copyright is the protection afforded the original author(s) or creator(s) of certain works of art and some intellectual properties. These works include, but are not limited to, books, computer software, music, photographs, paintings and movies. The law, "Title 17 of the U.S. Code," allows the originator to "make copies, create derivative works, distribute, perform and or display" their creations or give others permission to do the same. Copyright law is very serious and someone caught breaking it faces steep fines and possible jail time. A work is protected by copyright for the life of the author/creator plus 70 years. If there is more than one author/creator, the work is protected for the life of the longest surviving author/creator plus 70 years.
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Movies at Home
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If you've ever rented a movie, you've probably seen, and probably tried to fast forward through, the FBI warning about "piracy" and the consequences. When a movie is rented and viewed at home, there is no violation of the law, even if friends come over to view the movie, because this is not considered a "public performance."
Public Performance
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In most situations, showing a "rented" movie "outside" the home is considered a violation of the law and can be prosecuted. Violators are subject to 5 years in jail and/or fines up to $250,000. They may also face civil penalties.
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Use in Schools
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Even in the classroom, teachers must take care not violate copyright law. If the movie is for entertainment purposes, a license is required for viewing. If the movie is used in "face-to-face teaching activities," the license does not need to be obtained, but showing the movie must be part of the curriculum and the teacher must be in the room.
Piracy
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According to the Motion Picture Association of America's website, "Anyone who sells, acquires, copies or distributes copyrighted materials without permission is called a pirate (http://www.mpaa.org/piracy_whoAre.asp)."
Types of Piracy
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There are several ways a movie can be "pirated." There is digital download, "peer to peer or P2P" file sharing, making copies of optical discs (DVD, DVD +/- R, etc.) and recording the movie on a camcorder at a movie theater.
Fair Use
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The idea of "fair use" has been established through years of court decisions and is codified in section 107 of the copyright law. It allows for limited use of protected materials in certain situations. What has not been specifically spelled out is how much of a work can be used citing the "fair use" doctrine.
Ongoing Legislation
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The last major update to the copyright law was made in 1976. However, there have already been four bills proposed to Congress since the start of 2009, three in the House of Representatives and one in the Senate (http://www.copyright.gov/legislation/).
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