The Bottom Line: A single library patron should be able to watch a library-owned film in a private viewing room in the library. A small group should be able to do the same in a small viewing room under fair use. How many people? Certainly four, but arguably no more than eight. At the end of this chapter are some guidelines for the use of films in libraries. Right now, however, you should know that you need not rely on fair use alone. The Copyright Act also includes a section that specifically permits certain public performances without the need for permission.
8.3. Section 110 Public Performance Exemptions
- Classroom teaching
- Education broadcasting
- Religious services (non-dramatic literary or musical works, or dramatic musical religious works)
- Charitable purposes (non-dramatic literary or musical works)
- Small business (radio or television transmission)
- Agricultural or horticultural fairs (non-dramatic musical works)
- Promote sale of non-dramatic musical works or equipment
- Blind or otherwise handicapped persons (non-dramatic literary works)
- Handicapped persons (dramatic literary works Jess than ten years old)
- Non-profit veterans or fraternal organizations (non-dramatic literary or musical works)
Section 110 of the Copyright Act sets forth ten situations in which public performances are expressly permitted. The section 110 exemptions include certain classroom performances, some educational instructional broadcasting, and certain performances at religious services, for charitable purposes, in small businesses, at agricultural or horticultural fairs, in music stores, transmissions to handicapped audiences, and fraternal organizations.[1]
- ↑ 17 U.S.C. § 110 (2006).
