2021 Membership Directory Final
WAITING ROOM TV PROGRAMMING MAY REQUIRE A COPYRIGHT LICENSE
Dealers throughout the country are being approached by the Motion Picture Licensing Corporation (MPLC) about the need for a copyright license to display TV programming on their waiting room televisions. US Copyright Law protects copyrighted content, like movies, TV programs and music, from unauthorized public performances. To “publicly perform” copyrighted content, you must be licensed to do so. Copyright holders usually rely on third-party organizations to safeguard their work by identifying copyright infringement, enforcing copyright laws and collecting licensing fees. MPLC appears to be one of those organizations. MPLC is seeking a $289 per year licensing fee from dealers that are broadcasting cable TV – containing copyrighted content - to customers in their waiting room or other areas of the dealership. Copyright infringement is a serious matter; civil penalties for violations range from $750 to $150,000. What Dealers Should Do Now 1. Dealers that display cable TV programs to their customers should confirm with their cable TV or satellite provider (“cable TV provider”) that they have a commercial services agreement. Dealers with “residential service” should convert to a commercial services account ASAP. Each dealership location likely needs its own business account. 2. Ask your cable TV provider whether they possess the necessary licenses allowing you to offer public viewing of their entire program menu. We suggest that dealers request a written response from your cable TV provider listing the licenses they possess and the channels/programs their licenses permit you to publicly display. Copyright licensing information may also be available on the cable TV provider’s website. Avoid Personal Use Devices and other Streaming Services If you are streaming programming content in the dealership using a service such as Netflix, it is unlikely that such content will be covered by your cable TV provider’s licensing agreement(s) - ask your cable TV company if third- party streaming services are covered. The better practice is to avoid the uncertainty and to not“stream”content to your waiting room television. Likewise, you should not display programming from DVDs or DVRs. These media/ devices are intended for personal use only and would violate copyright laws when used in a public setting. If the programming you are displaying on your waiting room television is not covered by your cable TV provider’s licenses, you need to obtain a license agreement with an organization like MPLC. But before you do so, make sure you know which copyright holders’content the “umbrella license”will permit you to display. Alternatively, it may be easier for you to simply lock specific channels down so that your customers only see programs you are definitively licensed to broadcast in the dealership. Dealers should consult with their dealership attorneys as they consider their compliance options regarding copyright licensing fees.
2021 MEMBERSHIP DIRECTORY & SERVICES GUIDE HOT TOPICS
60
Made with FlippingBook flipbook maker