Djangoman

Just a cliche, but I want to know the real thing. We all know the regulation in the beginning of DVD (FBI warning, etc. et.) says that this DVD/Video is for home viewing only. Any exhibition on public places with or without profit purposes (or whatever you say it) without proper license ins forbidden, bla bla bla. Home doesn't include public schools, hospitals, hotels, airplane, offshore oil rig, etc. etc.

1. I wonder why those places (schools, hospitals, etc.) are not included as "home viewing"? What's the reason behind this regulations?

In that case, can anyone explain the legal view of these matters:

1. Suppose I'm a teacher, trying to teach certain subject, among my program is to show a certain DVD to my students in class. For instance, I'm a film lecturer, want to show certain techniques of special eeffects, or framing, or some unique techniques used in film, then I use DVD in class. This is forbidden? What should be done to make it legal?

2. Suppose I'm a rich owner of a big company. I own a private executive aircraft - complete with audio-video entertainment equipment. If I provide DVD movies as entertainment in this aircraft, is that illegal too? Say that this aircraft is for corporate use only.

3. Same case as in no. 2, but this time the aircraft is available for charter.

4. Same case, but this time it's a crusing yacht for joy cruise, available for charter. Forbidden too, to play DVD movies as part of entertainment?

5. What about hotels? As we see that most hotels provide these movies service, do they require special license?

Of course, I want to know from legal point of view explanation. If it's in practice, I believe most of you will say "the hell wit it, just go ahead"...

NitroJMS

For schools, most movie studios won't go to the trouble for suing a teacher for using their films for educational and non-commercial purposes. Also, no one is cold-hearted enough to sue a hospital for showing a film to sick kids, well, maybe the RIAA.

Airplanes, hotels, and other commercial establishments pay licensing fees to exhibit films. When you rent a movie in a hotel room, the studio gets a cut of the fee that you pay. If its a commercial operation, chances are that 99% of the time, they are paying royalties back to the studio.

thecrazydude

Disney will sue school for showing their films.

Qui Gon Jim

Disney does not sue schools.

Disney sued a doctor's office that displayed their characters in the rooms. A copyright holder has a duty to enforce their copyrights or they may lose other infringement lawsuits. If they didn't stop person A from "stealing" their characters, then person B could hold person A's cas as precedent.

If a studio wanted to file suit against a school they certainly could. Playing a DVD in a class is a public exhibition and the showing party has a duty to pay royalties. Now suing a public school won't make much money nor many friends. Secondary education? That might be a different story.

I work for a public school system and let me tell you, the RIAA and MPAA could make a fortune with the amount of casual piracy I see day in day out.

Dan Average

You're confusing two different types of protection here. Characters are covered under trademark law, which requires active enforcement as a condition of maintaining the trademark. Copyright law does not. A copyright owner can be selective as they want about enforcement, but that luxury doesn't exist with trademarks. That's why Disney doesn't sue schools for showing Pocahontas in a history class (a copyright violation) but will go after day care centers for putting up murals with Mickey and Minnie (a trademark violation). It should also be noted that schools can purchase a site license that will allow them to show most movies without fear of legal repurcussions (under certain conditions, of course), although I'm not sure how many schools actually buy them.

LorenzoL

Same situation here in Canada too. The schoolboards have a list of movie studios and distributors that they have a contract with and movies under those studios are allowed to be shown in class as per their agreement. However, most of the time, teachers do not follow suit and use movies not included on the list.

One exception is for Out of Print tapes or DVDs. We are okay in that case.

Qui Gon Jim

You're absolutely right. I got the two terms confused. But your post illustrated the gist of mine: Disney did not sue a school just to be an evil company, they have to enforce their trademarks equally.