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New Mexico Dental Journal, Spring 2015
24
BODH
MPLC Umbrella License
®
Frequently Asked Questions
Q: We are a private dental practice.
Do we still need a public perfor-
mance license?
A: Yes. Title 17 of the U.S. Copyright
Act § 101 defines public to mean “a
place open to the public or at any
place where a substantial number of
persons outside of a normal circle of
a family and its social acquaintances
is gathered…” Additionally, according
to Senate Report No. 94-473, p.
60, “performances in ‘semipublic’
places such as clubs, lodges, facto-
ries, summer camps and schools
are ‘public performances’ subject to
copyright control.”
Q: We are a non-profit dental prac-
tice. Do we still need a public
performance license?
A: Yes. The U.S. Copyright Act applies
equally to non-profit organizations
and for-profit businesses, regardless
of whether an admission or other fee
is charged.
Q: We own the video. Do we still
need a license to view or show it
in our practice?
A: Yes. The location requires a license
regardless of who owns the video
(“video” is defined herein to mean
motion pictures and other audiovi-
sual programs intended for personal,
private use only). While you may
own the actual video, you are not
granted the right to perform it in
your practice.
Q: We have a Netf li x account.
Do we need a license?
A: Yes. Netflix is limited to the custom-
er’s personal and non-commercial
use only. The Umbrella License
allows the public performance of
video from all legal formats whether
rented or purchased via stream or
download.
Q: We received a legal letter from
the MPLC. Why?
A: The MPLC has over 10,000 field
representatives who investigate
copyright violations. If you received
a legal letter, a report was filed that
there are unlicensed exhibitions at
your office.
Q: We have a DVD player in our
recept ion area , but do not
provide any movies. However,
patients sometimes bring in their
own movies. Do we still need a
license?
A: Yes. If you allow patients to bring
in their own video to watch, your
practice can be held as a contribu-
tory infringer simply by providing
the means to watch a movie on your
equipment.
Q: We only provide the iPads or
other devices for patients to select
programs via Netflix, etc. Do we
still need a license?
A: Yes. You are providing the hardware
and the content to enable the perfor-
mance. However, if your patients use
their own device and content, then a
license is not required.
Q: We purcha sed the Cinema
ProMed system. Do we still need
a license?
A: Yes. Since you are providing the
hardware and the video, a license is
required.
Q: We have cable TV. Do we still
need a license?
A: It depends. There is no need for an
MPLC license for basic cable chan-
nels. However, a license is required
for any non-advertiser supported,
premium, or pay per view channels
and programs.
Q: Can we show Public Domain or
educational titles that include the
performance rights?
A: Yes. However, Public Domain titles
are very old and difficult to obtain
and virtually all educational titles
are only for sale to non-profit educa-
tional institutions, such as schools.
Q: Does the license cover our entire
office?
A: Yes. The Umbrella License allows
unlimited exhibitions in any room
in your office. However, large clinics
with several shared reception areas
may be licensed as separate locations.
Q: Doe s the MPLC prov ide a
discount for licensing multiple
offices?
A: Yes. The MPLC provides an econ-
omies of scale discount to ADA
members licensing two or more
office locations.
Do You Have a License For That?
continued