There is one exception to the
public performance license and it is called an “Educational Exemption.” To obtain this exemption, there are six (6) criteria
that must be met:
1)
Must be a legitimate
(original) copy.
2)
Must be part of the
systematic course of instruction and not for the cultural, entertainment or
recreational value of anyone present.
3)
Must be done by the
instructor or the pupil.
4)
Must be in a place
devoted to instruction.
5)
Must be part of the
teaching activities of a non-profit institution.
6)
Attendance must be
limited to instructors, pupils and guest lecturers.
While a classroom is obviously a
place devoted to instruction, the remaining 5 criteria must be met to show a
movie in a classroom without a license. Since no venue in any of the University
Centers (Dreyfus, Allen or Health Enhancement Centers) is considered a “place devoted to
instruction,” these facilities are not exempt and public performance licenses
are needed.
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