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سعر الذهب في السعودية في البيع والشراء These simple and straightforward rules are detailed in the federal Copyright Act, as amended, Title 17 of the United States Code. According to The Copyright Act, only the copyright owner holds the exclusive right, among others, “to perform the copyrighted work publicly.” (Section 106) In summary, the Copyright Act mandates:
- The rental or purchase of a video does not bear the right “to perform the copyrighted work publicly.” (Section 202)
- Videos may be shown without a SEPARATE license in the home to “a normal circle of family and its social acquaintances” (Section 101) because such showings are not considered “public.”
- Videos may also be shown without a license in non-profit educational institutions (i.e.. public schools and universities) and in certain narrowly defined “face-to-face teaching activities” (Section 110.1) in which the movie is directly related to the curriculum and a teacher is present. The law makes a specific, limited exception for such showings. (Sections 106 and 110(1))
- All other public performances of videos are illegal unless they have been authorized by license. Even “performances in ‘semi-public’ places such as clubs, lodges, factories, summer camps and schools are ‘public performances’ subject to copyright control.” (Senate Reprt No. 94-473, page 60; House Report No. 94-1476, page 64).
- Both for-profit organizations and non-profit institutions must secure a license to show videos, regardless of whether an admission fee is charged. (Senate Report No. 94-473, page 59; House Report No. 94-1476, page 62)
- Proprietors of a social establishment are vicariously liable for infringement committed by an independent contractor. Vicarious liability arises where a party has “the right and ability to supervise the infringing activity and also has a direct financial interest in such activities”. Gershwin Publishing Corp. Vs. Columbia Artists Management, Inc., 443 F.2d1159, 1161 (2d Cir. 1971). Both the property owner and exhibitor must make sure a license is in place before a video is shown by either party.
- Non-compliance with The Copyright Act is considered infringement and carries steep and significant penalties. Such exhibitions are federal crimes and subject to a $150,000 penalty per exhibition (Section 506). In addition, even inadvertent infringers are subject to substantial civil damages ($750 to $30,000 for each illegal showing) and other penalties. (Sections 502-505)
Please do not hesitate to call us at (800) 862-6247 or send us an email to email@example.com with any questions about our public performance licensing and special arrangements that you might need.