Can I screen that?
October 26, 2023 12:18 PM Subscribe
Speaking in broad generalities not the specific user agreements of every streaming service, how should I understand general principles around screening films for small groups at no or nominal charge?
I am guessing that most of the time people can screen a film for five friends at no charge to them without igniting the wrath of distributors or streaming services.
And I also imagine that if was to open a theater and charge 50 people a day to watch these movies, I would need to figure out legal rights and who I would have to pay before doing so.
But what about somewhere in the middle? If someone was to show movies for free or small donation to recover costs only, is this something that distribution companies or streaming services tend to get mad about/take action about?
I'm thinking of starting an informal film night that would mostly show older documentaries, films that have no distribution where I live. I was imagining accepting donations to cover cost of renting a small space. I do not want to ever make more money than what it costs to hold the event and I would not want to compete with any potential income any living filmmaker might be able to get from the film. What issues should I be thinking about?
Thanks for your concern in advance but know I'm not looking to hire a lawyer about this. I am very open if there are legal references online that would help me understand how folks do this kind of thing. I've got a high risk tolerance and I'm an adult!
I am guessing that most of the time people can screen a film for five friends at no charge to them without igniting the wrath of distributors or streaming services.
And I also imagine that if was to open a theater and charge 50 people a day to watch these movies, I would need to figure out legal rights and who I would have to pay before doing so.
But what about somewhere in the middle? If someone was to show movies for free or small donation to recover costs only, is this something that distribution companies or streaming services tend to get mad about/take action about?
I'm thinking of starting an informal film night that would mostly show older documentaries, films that have no distribution where I live. I was imagining accepting donations to cover cost of renting a small space. I do not want to ever make more money than what it costs to hold the event and I would not want to compete with any potential income any living filmmaker might be able to get from the film. What issues should I be thinking about?
Thanks for your concern in advance but know I'm not looking to hire a lawyer about this. I am very open if there are legal references online that would help me understand how folks do this kind of thing. I've got a high risk tolerance and I'm an adult!
Here is a good summary of copyright infringement.
Hint: It has nothing to do with how much money you make or lose.
There are educational exceptions, but they don't seem to apply to what you want to do.
I'll leave the rest of your questions (like "mad about/take") to others.
(ETA: Tomorrowful has given you good practical advice).
posted by JimN2TAW at 12:39 PM on October 26, 2023 [1 favorite]
Hint: It has nothing to do with how much money you make or lose.
There are educational exceptions, but they don't seem to apply to what you want to do.
I'll leave the rest of your questions (like "mad about/take") to others.
(ETA: Tomorrowful has given you good practical advice).
posted by JimN2TAW at 12:39 PM on October 26, 2023 [1 favorite]
having a few friends over to watch a movie: ok
renting a space to show a movie: not ok
posted by noloveforned at 12:42 PM on October 26, 2023 [1 favorite]
renting a space to show a movie: not ok
posted by noloveforned at 12:42 PM on October 26, 2023 [1 favorite]
I've been involved with screening films in public for a few decades.
Before you organize this screening, you should read up on Public Performance Rights (PPR). The University of North Georgia has what looks to be a pretty decent summary, though I haven't vetted it carefully.
There are two things you need to be careful about here: money and advertising.
When money changes hands at a screening, a film's rights owner may want (and is legally entitled to) a percentage. How would they ever know? If you advertise - anywhere. While it's unlikely your small screening that you promote in, say, a Facebook group will ever attract the attention of rights holders, the other side of that coin is that conducting searches for quasi-legal screenings of films to which you own the rights has never been more trivial. Used to be you could fly under the radar; no longer.
I've never been "caught," but I imagine that's because I've limited the exposure of my screenings, or have been protected by the aforementioned educational exemption. (Note that, in most cases, "regular" non-profits are NOT covered by the exemption that covers educational institutions.)
I am personally aware of several occurrences of rights-holders demanding money for a screening that took place without their formal approval. I don't say this to scare or discourage you; it's pretty unlikely. But it does happen.
posted by Dr. Wu at 12:47 PM on October 26, 2023 [4 favorites]
Before you organize this screening, you should read up on Public Performance Rights (PPR). The University of North Georgia has what looks to be a pretty decent summary, though I haven't vetted it carefully.
There are two things you need to be careful about here: money and advertising.
When money changes hands at a screening, a film's rights owner may want (and is legally entitled to) a percentage. How would they ever know? If you advertise - anywhere. While it's unlikely your small screening that you promote in, say, a Facebook group will ever attract the attention of rights holders, the other side of that coin is that conducting searches for quasi-legal screenings of films to which you own the rights has never been more trivial. Used to be you could fly under the radar; no longer.
I've never been "caught," but I imagine that's because I've limited the exposure of my screenings, or have been protected by the aforementioned educational exemption. (Note that, in most cases, "regular" non-profits are NOT covered by the exemption that covers educational institutions.)
I am personally aware of several occurrences of rights-holders demanding money for a screening that took place without their formal approval. I don't say this to scare or discourage you; it's pretty unlikely. But it does happen.
posted by Dr. Wu at 12:47 PM on October 26, 2023 [4 favorites]
Local libraries and school groups host screenings of films in their public meeting spaces all the time, typically as part of film clubs or as community outreach to educate people about various issues. You might ask your nearby libraries or community centers if there's anybody doing anything like that with them currently, and if not whether they would they be open to someone doing one, and if they charge fees for use of their spaces. They might also have a better idea of what the ground rules are for presenting small-group/non-commercial screenings.
posted by Strange Interlude at 1:26 PM on October 26, 2023 [2 favorites]
posted by Strange Interlude at 1:26 PM on October 26, 2023 [2 favorites]
FWIW: In general, libraries specifically license films for public showings, and there are rights organizations that middle-man that service for libraries. So yes, check with your local library as they would have some ideas and possibly be able to help.
posted by griffey at 1:30 PM on October 26, 2023 [2 favorites]
posted by griffey at 1:30 PM on October 26, 2023 [2 favorites]
You could also look to approach a small independent cinema (if such a place exists near you still).
They have the infrastructure, snacks, and appropriate remuneration systems, to screen a wide variety of films from various copyright holders, as well as host events like the 48 hour film festivals.
A couple of local places to me, offer fundraising nights for charities to choose a movie and sell tickets directly, the theatre then knows how much to deduct for all the legal stuff and their own costs, to be able to give what's left to the charity.
I'm pretty sure they offer an 'at cost' system for small groups to host small screenings too.
posted by many-things at 1:32 PM on October 26, 2023
They have the infrastructure, snacks, and appropriate remuneration systems, to screen a wide variety of films from various copyright holders, as well as host events like the 48 hour film festivals.
A couple of local places to me, offer fundraising nights for charities to choose a movie and sell tickets directly, the theatre then knows how much to deduct for all the legal stuff and their own costs, to be able to give what's left to the charity.
I'm pretty sure they offer an 'at cost' system for small groups to host small screenings too.
posted by many-things at 1:32 PM on October 26, 2023
If I was attending such a movie event, especially if I paid for a ticket, my hopes would be that the legality of the screening was (in order of preference):
A) fully legal/permitted/authorized
B) bought directly from the people who made it
C) borrowed/rented from a library or person who already owned it
D) streamed from a small provider
E) pirated
F) streamed from a large provider
Honestly, I think B is my favorite option, despite being listed second.
I was part of an underground/pirate movie viewing group for the first 18 months of the pandemic, so I’ve thought a lot about this topic and had a fair number of conversations about it. The moral compass the organizer held was “what other options do people have for watching this film? Why are they watching it here?” This rubric was most successful when applied to films that were not accessible on YouTube/Amazon Prime/Hulu, or that generated interesting discussions that benefited from us being in a group and not just watching alone. And documentaries definitely fall into that! The people who make documentaries don’t just want to entertain, but also inform/share a message about the real world! (But also be able to afford to practice their craft, which is why I advocate for trying to find the director’s website and see if you can buy the film directly… less of an option for those no longer active)
Additionally, if you can separate the donations from the screenings, it might feel better. Establish a “ancient film society” that people can be members of, and the society hosts free movie nights (where there’s a table that accepts donations and offers membership). This is under the assumption that we’re talking about garage sale levels of money rather than nice-furniture/used-car levels of money.
posted by itesser at 3:32 PM on October 26, 2023 [1 favorite]
A) fully legal/permitted/authorized
B) bought directly from the people who made it
C) borrowed/rented from a library or person who already owned it
D) streamed from a small provider
E) pirated
F) streamed from a large provider
Honestly, I think B is my favorite option, despite being listed second.
I was part of an underground/pirate movie viewing group for the first 18 months of the pandemic, so I’ve thought a lot about this topic and had a fair number of conversations about it. The moral compass the organizer held was “what other options do people have for watching this film? Why are they watching it here?” This rubric was most successful when applied to films that were not accessible on YouTube/Amazon Prime/Hulu, or that generated interesting discussions that benefited from us being in a group and not just watching alone. And documentaries definitely fall into that! The people who make documentaries don’t just want to entertain, but also inform/share a message about the real world! (But also be able to afford to practice their craft, which is why I advocate for trying to find the director’s website and see if you can buy the film directly… less of an option for those no longer active)
Additionally, if you can separate the donations from the screenings, it might feel better. Establish a “ancient film society” that people can be members of, and the society hosts free movie nights (where there’s a table that accepts donations and offers membership). This is under the assumption that we’re talking about garage sale levels of money rather than nice-furniture/used-car levels of money.
posted by itesser at 3:32 PM on October 26, 2023 [1 favorite]
A bit of anecdata: I’m on the board of a community non-profit, and one of our activities is hosting “movies in the meadow” every summer. We invite the neighborhood to come sit in a local park and watch a movie on Friday nights in the summer. Attendance is usually a dozen or so people at each screening, and we do not charge admission. We do, however, have to pay (eye-watering) licensing fees for the movies we choose.
posted by okayokayigive at 2:13 AM on October 28, 2023 [1 favorite]
posted by okayokayigive at 2:13 AM on October 28, 2023 [1 favorite]
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A busybody or nervous person, or somebody for whom the technicalities of the law are very important, may point out exactly what you're raising here. It doesn't matter. You will be fine.
The real-world absolute worst-case scenario is you get a strongly worded letter from a lawyer telling you to Stop That Right Now and you do so.
I am not a lawyer or your lawyer. I'm just a guy on the Internet, albeit one who knows a lot of people who've shown films at varying levels of 'seriousness,' mostly (in recent years) streamed from services that technically would object if they knew or cared.
posted by Tomorrowful at 12:35 PM on October 26, 2023 [1 favorite]