OPERATIONAL EXCELLENCE
Entertainment Copyright and Licensing: What You Need to Know
By Debbie Reslock P
laying a movie or music in your community is popular with resi- dents and offers the added benefit
of encouraging social interaction. But are you aware of when it’s considered a public performance and a license is required? More than a few communities find the
answer to that question when they receive a letter stating they’re in copyright violation, according to Nancy Reynolds, an attorney with LeClairRyan. “They’re given two choices. Cease and desist or enter into an agreement.” A form of intellectual property law, a
copyright offers protection for original works, including how and whether they may be used. Only the owners or those they authorize may perform these works publicly. Failure to obtain a license agreement or re- ceive permission from the copyright owner is infringement and can carry steep penalties.
What is a public performance? When DVDs, CDs, or other works are pur- chased, rented or streamed, they are only for personal and private use. A public per- formance of a work is defined in copyright law as: • to perform or display it at a place open to the public or at any place where a sub- stantial number of persons outside of a normal circle of a family and its social acquaintances is gathered; or
• to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or pro- cess, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times.
Are your movie nights in violation? Providing entertainment is not only a great amenity but plays a strong communal role in senior living. Although residents can en- gage in activities privately in their residenc- es, that doesn’t encourage them to engage with each other. “Communities don’t want residents sit-
ting in their rooms watching a movie,” says Sal Laudicina, licensing division president of The Motion Picture Licensing Corpo- ration (MPLC). “They want them to come to the common room and watch. It gives them another opportunity to socialize with the other residents.” But those who show movies or other
audiovisual programs need permission or a public performance license. The MPLC grants an Umbrella License for over 1,000 studios and producers they represent. Re- newed annually, the license allows for un- limited showings and makes it easy to be in compliance, Laudicina says, and it relieves your community from having to obtain con- sent from each copyright owner. Approval is still required if the movie isn’t
available to the general public, the organi- zation is a nonprofit, or when no admission is charged. Even if a movie or program is shown in a resident’s private residence, if it arrives there by a closed circuit system, a li- cense is still needed, according to Laudicina. There can be quite a bit of confusion
over understanding copyright protection but Laudicina says the MPLC is there to help educate. “We want to spread the word about intellectual property rights because every- one deserves to get paid for their work,” Laudicina says. “But we’re also a one-stop solution. And we keep our fees reasonable so that it won’t stop anyone from complying. People want to do the right thing but often
40 SENIOR LIVING EXECUTIVE JANUARY/FEBRUARY 2018
don’t understand the law or regulations. We walk you through the process and help you make sure your [community] is in copyright compliance,” says Laudicina. In 2016, MPLC partnered with the
leading senior living and health care in- dustry associations, including Argentum, and negotiated an agreement that offers “discounted Umbrella License coverage to their membership,” according to the terms. • Read the agreement at
argentum.org/ MPLCagreement.
• Download the MPLC Umbrella License application at
argentum.org/MPLC.
• For more information from MPLC, visit
seniorliving.mplc.org.
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