Public performance rights are generally required when:

• The screening is open to the public, such as a public event or community screening.
• The screening takes place in a public space where attendance is not restricted, even if the screening is organized for a class.
• The audience includes people outside the normal circle of family and friends, such as a club or organization.

A license may not be required when:

• A film is privately viewed at home with family or a small group of personal friends.
• An instructor shows a film as part of face-to-face teaching in a classroom or similar instructional space, with officially enrolled students present, and the showing meets the requirements of the classroom teaching exemption.
• The film is in the public domain.

Important: Copyright exceptions depend on the circumstances. A film's availability through a streaming service, DVD, or other format does not automatically grant permission for public screening. When in doubt, consult the copyright holder or an appropriate licensing agency.

Individuals and organizations are responsible for obtaining the necessary public performance rights for screenings that are not exempt under copyright law. Permission is generally obtained through a license or authorization.

Option 1: Contact the copyright holder or distributor.

Contact the film's copyright holder or distributor to ask whether they can authorize your planned screening. Confirm that they have the authority to grant the required permission.

Option 2: Contact a film licensing agency.

Licensing agencies may provide public performance licenses for specific films, studios, or collections. Availability and fees vary by title and intended use.

• Swank Motion Pictures
• Criterion Pictures USA
• Kino Lorber
• Motion Picture Licensing Corporation (MPLC)
• New Yorker Films

For additional assistance identifying the appropriate licensing agency, contact New Mexico State University Library.

Showing films in online courses involves additional copyright considerations. The rules for face-to-face classroom instruction do not automatically extend to online instruction.

Section 110(1) of the U.S. Copyright Act provides a limited exemption for certain performances and displays during face-to-face teaching activities. Section 110(2), commonly associated with the TEACH Act, permits certain performances and displays in qualifying online instructional settings when specific legal requirements are met.

Fair use may also apply in some circumstances, depending on factors such as the purpose of the use, the nature of the work, the amount used, and the effect on the market for the original work.

• Use short clips or excerpts when they adequately support your instructional goals.
• Confirm that any streaming platform or digital resource permits the intended classroom use.
• Review applicable copyright requirements before sharing a full film through a learning management system.

For guidance on copyright and instructional materials, contact the NMSU Library.

It depends on the circumstances. A film screening organized by a student club may be considered a public performance, even when the group plans to discuss educational themes afterward.

Fair use may apply in some situations when the screening supports a genuine educational purpose. However, an educational discussion alone does not automatically qualify a screening for an exemption. Consider the circumstances and applicable copyright requirements before showing the film.

Generally, yes. A film series advertised and open to the public will typically require public performance rights, even when hosted or sponsored by an educational organization.

The educational nature of the host organization does not automatically exempt a public screening from copyright requirements. Obtain the appropriate license unless a specific legal exemption applies.

Possibly. Owning or borrowing a DVD does not automatically grant permission to show the film publicly. The same general copyright considerations apply whether the film comes from a personal collection, a library, or another source.

If the screening is not covered by an applicable copyright exemption or other authorization, you will generally need to obtain public performance rights before showing the film.

A "Home Use Only" notice generally indicates that the film is intended for private viewing under the applicable license. However, U.S. copyright law provides a limited exemption for certain face-to-face teaching activities.

Under Section 110(1) of the Copyright Act, an instructor may be permitted to show a lawfully obtained film in a classroom or similar instructional space at a qualifying nonprofit educational institution when the showing meets the exemption's requirements, including that it is part of face-to-face teaching and directly related to the course curriculum.

Online instruction has different requirements. Review applicable copyright law, licensing terms, and fair use considerations before sharing films or excerpts online.

In some circumstances, yes. Showing a film clip for teaching may qualify as fair use, depending on how the material is used and the surrounding circumstances.

Fair use involves evaluating four factors:

• The purpose and character of the use.
• The nature of the copyrighted work.
• The amount and substantiality of the portion used.
• The effect of the use on the potential market for or value of the work.

Use only the amount reasonably necessary to support the instructional purpose when appropriate. Rules concerning copying or extracting clips from protected media can be complex, so verify that your intended use is permitted before distributing or displaying the material.

Not necessarily. Streaming subscriptions have terms of use that may restrict public screenings, classroom use, or other uses outside personal viewing.

Before streaming a film in class or at a campus event, review the service's current terms and any applicable licensing restrictions. A streaming subscription does not automatically provide public performance rights, and a copyright exemption does not necessarily override contractual restrictions.

If the intended screening is not permitted under the service's terms or applicable law, seek an authorized educational source or obtain the necessary permission.