Intellectual Property Law

I was watching something on Channel 4 the other day, which couldn't have been that inspiring because I was roused to consciousness by the advert break. In particular, it was a promotional blurb by Channel 4 asking its viewers to host a screening of a film in their back yard and send in photos of the event. The winner would win  a "Summer Screen VIP package".

This got me thinking. If someone invites a load of their friends around to watch a movie in their garden - lets say 12 people, does this amount to a public performance?  Channel 4 must have taken advice on that I thought, so I went to their site to dig a little deeper. Details of the competition can be found at  http://www.channel4.com/film/newsfeatures/microsites/S/summer_screen_2008/competition.html

Channel 4 have very thoughtfully pointed out on the main page that when you take a picture of your party you must not include the movie you are showing in that photo - presumably they are worried about copyright infringement here. However the advice given on the "Backyard Screening Guidelines" for the competition entrants is as follows;

"Keep it Legal - Don?t sell tickets to your movie night. Limit the invites to a few acquaintances and banish all thoughts of turning your film session into a cash machine. Make sure you put on a good spread for your friends in your own backyard, not in a public place."

Now that is sensible, but I think misleading advice. There is no requirement for commercial gain in copyright infringement and if you follow the strict letter of the law projecting a film onto a sheet in your back garden for the benefit of a gaggle of your friends is likely to be an infringement - particularly given that most town gardens are overlooked and therefore not actually private spaces.

I doubt that anyone is going to find themselves on the end of an infringement action, particularly given Channel 4's "don't include the movie in the photo" rule, but it's an interesting thought.

Our Top Tip = If you are intending to host a screening in your back yard, why not make your own movie and screen that!