Can I play Freedive to the public in a library setting?

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I work at a library and would like to screen movies to the public we serve.  Unfortunately, we cannot play DVDs in public due to copyright/public performance laws.  However, there is a streaming service called Kanopy that has public performance rights that lets people publicly stream movies for certain movies.  Does IMDB's Freedive offer such privileges? Thanks. 
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Joaquin Ayala

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Posted 4 months ago

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Jeorj Euler

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Hi, Joaquin Ayala. You would have to test it out at the particular public library that you intend to visit. IMDb Freedive is supposed to be available to every system located in the United States, and use also requires that the would-be viewer be signed into the site.
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Vincent Fournols

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Yes, but does IMDb hold rights for public performances in public places? I would not bet on it!
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Jeorj Euler

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What?
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Vincent Fournols

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Anytime a movie is shown, the performance is governed by rights granted by the copyright holder, whatever the format, the audience and the location.
I would say that Freedive is targeting private/home performances, and therefore rights have been negotiated for that channel and that audience.
So not sure Freedive can be used for public performances. An IMDb staff will have to clarify the status.
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Joaquin Ayala

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Yes, it's the public performance rights that I wondering about. Kanopy streaming has public performance rights. Youtube does not.  I hope IMDb does. 
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Ed Jones (XLIX)

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Vincent you are correct, as is Joaquin. It is a more than a likely probability that you are both correct about the assumption that it is licensed for private viewing only.

IMDb Freedive

By viewing content on IMDb Freedive, you agree to the Amazon Prime Video Terms of Use.

Sec 4 Paragraph H of the Amazon Prime Video Terms of Use.

h. Limited License to Digital Content. Subject to payment of any charges to rent, purchase, or access Digital Content, and your compliance with all terms of this Agreement, Amazon grants you a non-exclusive, non-transferable, non-sublicensable, limited license, during the applicable Viewing Period, to access and view the Digital Content in accordance with the Usage Rules, for personal, non-commercial, private use. We may automatically remove Digital Content from your Compatible Device after the end of its Viewing Period.




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Jeorj Euler

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Right, but IMDb is no more liable for public displays than, say, CBS would be liable for a tavern manager's choice to show has the television in the tavern set to the channel corresponding to CBS.
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Joaquin Ayala

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Jeorj, I'm not visiting the library. I work there. I would just like to screen movies for those who don't have the means and/or aren't aware of certain films that I find to be "can't miss" gems. My library has access to Kanopy and while they have great selection of excellent films, they don't have much in the way of PG-13 movies, which is the most explicit I can screen publicly due to policy. I see Freedive has many PG-13 movies so I was hoping they had the same public performance rights as Kanopy but it's unlikely.
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Ed Jones (XLIX)

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If they were to view it using their own personal IMDb user account alone at a single computer station wearing headphones and not as a viewing session for multiple viewers, it should pass as being a legal viewing.
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Joaquin Ayala

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Yes, that's as far as it would go. I'll go ahead and use Kanopy for public screening but even they have limits for what one can publicly display. One needs to get the okay from them who have to convince the studio that I'd be showing the movie for educational purposes.
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Ed Jones (XLIX)

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Unless your library is in a school, you're out of luck on that thought. Viewing must be in a classroom and the copy of the title has to have a built in release at the beginning before the opening credits that state that the release has been approved for use in classrooms.
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Ed Jones (XLIX)

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Public TV stations used to air Biography episodes that were approved a sent to PBS plus VCR copies were distributed to schools about 25-30 years ago.
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Joaquin Ayala

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Not necessarily. We've been screening movies for Black History Month and International Women's Day with permission from Kanopy and the studios.
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Ed Jones (XLIX)

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Kanopy is for that exact purpose. If you can seek releases, go for it. I does not hurt to ask. All they can do is say No..........or Yes!!
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Joaquin Ayala

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Kanopy recently gave me the approval to screen a French thriller called Let the Corpses Tan for a foreign language series I'm planning...only to get it nixed by my boss since the movie was too graphic. I can potentially screen "unrated" films but not if it has nudity. Like you said though, the worse they can do is say no!
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Joaquin Ayala

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Forgot to add that while public libraries aren't considered educational institutions, we do have educational missions and it's through that that we can work with Kanopy.
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jimthing

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Sounds like you do good educational outreach work. Nice one. :-)
(Edited)
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Jeorj Euler

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Joaquin Ayala, you're more concerned about license than technical capacity, to view the content available on IMDb Freedive? If so, you could interpret the documents referenced earlier by Ed Jones (XLIX) to be an insight as to IMDb policy on the matter. I mentioned the thing about television, but nobody has to sign in or consent to terms of service in order to view something that is transmitted over the air, unlike IMDb Freedive. The issue of YouTube further complicates things, since tons of YouTube content can be viewed without having a registered user account.
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Steve, Official Rep

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Hi Joaquin,

I have an update:
We are currently investigating this issue and will reply back as soon as more information is available.

Thanks in advance!
(Edited)
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Joaquin Ayala

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Thank you, Steve. That is most appreciated!!!
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Ed Jones (XLIX)

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See above reply Joaquin
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Joaquin Ayala

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Thanks, Ed!
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Ed Jones (XLIX)

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Steve follow all the links provided and you end up at Amazon and the Section 4 Paragraph "H" referred to above.



(Edited)
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Joaquin Ayala

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Ah, and that's likely the definitive answer. Prime doesn't have public performance rights, either. Bummer. Oh well, it was worth a shot. Thanks everyone for the help and insight!
(Edited)
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Ed Jones (XLIX)

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I've read a lot of law books over the years. Have done quite a bit of paralegal research work. I once went to court over a trespassing misdemeanor charge and got 5 hung juries. The Municipality in question gave up!
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Joaquin Ayala

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Good stuff, Ed. Yeah, I used to be a Law Librarian and immersed myself in both State and Federal law. So I always try to check up on the legality of things at work!
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Claire, Official Rep

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Hi all,

Thanks so much for your patience.

As described in the IMDb Conditions of Use, the use of IMDb Freedive is subject to the Amazon Prime Video Terms of Use. Under those terms, users may view content for “personal, non-commercial, private use.”

Let us know if we can offer any further help.
(Edited)
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Ed Jones (XLIX)

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Thanks Claire, Nice to know I was correct all along.