The Illinois State University (Normal, IL) Cinema Society, a registered student organization, has been socked with an $8,000 bill by New York Films because, according to a company spokesperson, the group has been offering “public performances” of the films. The group’s faculty adviser disputes this and said, “The students’ understanding was that they were providing an educational service,” he said.
On the ISU student organization’s Web site, the movie fans bill themselves as a group offering “weekly screenings of avant-garde, foreign, independent, activist and underground films, videos and documentaries.” The society met in ISU classrooms and usually followed screenings with a discussion of the work.
More back and forth at the Pantagraph
If they were allowing the public…
then they must have known, or more likely someone should have told them that it wasn’t allowed.
This is the very reason why university film societies are restricted to members of the university.
I would say that there is a case to be made for the University or the Student Union/Association being responsible as well or instead of the students.
Re:If they were allowing the public…
It doesn’t say anywhere in the story that they were allowing the public in to these screenings. New Yorker Films claims that these showings constituted “public performances” is based on language in Section 110 of U.S. Copyright Law that allows films to be shown in educational settings when…
” (C) the transmission is made solely for, and, to the extent technologically feasible, the reception of such transmission is limited to —
(i) students officially enrolled in the course for which the transmission is made….”
If these students had been enrolled in a specific course, there would be no issue here. The sticking point is that the film society is perceived (at least by New Yorker Films) to be outside the scope of the “face-to-face teaching activities of a nonprofit educational institution.”
I really hope this goes to court as I’d like to see a firm ruling on this type of activity. It’s no secret that practically every college and university campus has student groups showing movies without public performance rights.
Re:If they were allowing the public…
It is a club not a class, the scholarly exception does not apply.
They should have bought a license. Much cheaper.
Re:If they were allowing the public…
Yes you’re right they don’t say that does it.
But it does say:
‘Despite the students’ interpretation, the law’s on his company’s side, he said. Copyright law allows only very few cases for public showings in its “face-to-face teaching exception,” said Howell. The film must be shown as part of a school’s official curriculum, and only to those students enrolled in the course’
Which says that anyone who isn’t a student enrolled in that specific course is the public, which is fairly likely to include some of those there. And as it’s a club not a course by that definition all of the people watching come under the title of ‘public’ anyway.