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New Mexico Dental Journal, Spring 2015

22

BODH

T

en years ago, I gave my sister a tour of

my new dental office. I showed her my

brand new TVs on the ceiling and demon-

strated how I could show movies to my patients as

they had their teeth cleaned. Her silence baffled

me as this was a “cool touch” in my mind. She

laughingly asked, “Do you have a license to show

movies?” “Hmmm...um...no”, I replied. “What are

you talking about?”

I have spent the last year writing about new

rules and regulations for the New Mexico Board

of Dental Health, giving updates pertinent to

licensees, and giving legal reminders. I write

today, however, with a

personal connection to

another “license” issue.

My sister, Erica Haupert,

serves as the Vice President

of Studio Relations for the

Motion Picture Licensing

Corporation (MPLC) in

Los Angeles, California.

She informed me that

the law requires that any

entity that shows movies,

documentaries, children’s programming, or

audiovisual content in a commercial setting

must have a license to do so

. Who knew?

According to the U.S. Copyright Act, copyrighted

movies and programs that are rented or purchased

are for personal use only. Showing movies outside

the home, such as in a dental office, requires a

public performance license, even if there is no

charge for admission or is for a non-profit agency

or organization.

As of November 2014, through an agreement

with the American Dental Association and

the Motion Picture Licensing Corporation,

ADA members can now obtain a reduced rate

“Umbrella License” to show movies and other

similar recordings in their dental offices legally.

Currently, the license is $280 and will be renew-

able annually thereafter. Non-ADA-members pay

$330 annually.

According to Sal Laudicina, President of the

Motion Picture Licensing Corporation’s licensing

division, “The Umbrella License provides compre-

hensive copyright coverage for over 650 motion

picture producers, ranging from major Holly-

wood studios like Disney and 20th Century Fox,

to independent, children’s, specialty, and foreign

language producers. Once licensed, movies can

be obtained from any legal source whether rented,

purchased, downloaded or borrowed. There is no

reporting of titles shown and all formats whether

via DVDs, streaming, or downloads are covered.”

An important note is that the NMBoard of Dental

Health Care

does not issue licenses

for the MPLC

for the exhibition of movies, etc. However, as this

license requirement refers to staying in compli-

ance with U.S. Copyright Laws, any violation of

federal law or fines incurred shall be reported to

the Board, as one would do through self-reporting

of other disciplinary or legal action, as indicated

in NMSA 16.5.16.10.19. Fines for inadvertent

copyright violations start at $750 and extend up

to $150,000 for egregious violations.

If your practice wishes to show movies a license

is required. The ADA, NM Dental Asso -

ciation, and the NM Board of Dental Health

Care encourage its members/licensees to

comply with federal copyright law. To secure

an Umbrella License for your practice, simply

contact the MPLC directly at (800) 462-8855

or online at

www.mplc.com

. Information is also

available at the ADA website by v isiting

www.ADA.org/mplc .

Do You Have a License For That?

By Kimberly Martin, DMD, New Mexico Board of Dental Health

Any entity that shows

movies, documentaries,

children’s programming,

or audiovisual content

in a commercial setting

must have a license...

continues