I'm planning on giving a presentation using a clip from a movie and a TV episode full legth. This would be to a small church group of between 10-15 people and is for educational purposes. Am I in dnager of breaking coryright laws? If so, which statutes?
State/Country relating to question: California
This is my first attempt at clarification.
Will you be charging for the event? To clarify, you plan to show a full length program of a television show? Is this a one time event?
I'll be doing it twice with no charge at either presentation.
Thank you for your response. The general rule under the US Copyright Act Section 106 is that the creator of a copyright has the exclusive right to perform, use, create derivative works, etc so a unauthorized showing of a copyrighted work could subject your organization to a potential copyright law violation.
However, Section 107 of the US Copyright Act allows a defense to a potential copyright infringement claim based upon the Fair Use Doctrine. A court would consider the following Section 107 factors in determining whether the fair use doctrine would be applicable as follows:
Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is protected by the fair use doctrine.1) The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes 2) The nature of the copyrighted work 3) The amount and substantiality of the portion used in relation to the copyrighted work as a whole 4) The effect of the use upon the potential market for, or value of, the copyrighted work
Using the full episode of a copyrighted work may not provide your organization a reasonable chance of being protected under the fair use doctrine.
MBA, Experienced and Knowledgeable in Intellectual Property Law
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