Motion picture showings within senior living and health care communities have always required a public performance license in accordance with the US Copyright Act. Over time, public awareness of intellectual property rights has grown along with enforcement of federal copyright law. As a result, LeadingAge, and all other leading industry associations including the American Health Care Association/National Council for Assisted Living (AHCA/NCAL), National Association of Activity Professionals (NAAP) entered into an agreement in 2011 to help inform independent living (IL) and Continuing Care Retirement Communities (now known as Life Plan Communities) about copyright laws and the requirement that, if they show movies in common areas of their community, they are required to obtain a license from the Motion Picture Licensing Corporation (MPLC).
For 2016, the same associations plus American Senior Housing Association (ASHA) and Argentum have entered into a new agreement with the Motion Picture Licensing Corporation (MPLC) that adds assisted living, nursing homes, and adult day centers as types of senior communities that are required to obtain a license from MPLC to show movies in their communities. The 2016 agreement better educates members on the need for copyright compliance when motion pictures and other audiovisual programs are shown in senior living and health care communities, and secures the greatest possible discount for member organizations on the Umbrella License®.
Additionally, LeadingAge is pleased to announce that all associations have collectively negotiated a special introductory discount of almost 40% for qualifying member organizations that secure an umbrella license before December 31, 2016.
Adopted in 1976, the US Copyright Act, Title 17 of the United States Code, establishes that the public performance of copyrighted motion pictures and other audiovisual programs that are legally available and intended for personal, private use only, such as DVDs and other digital formats, whether streamed or downloaded (hereinafter referred to as “Videos”), is illegal without a public performance license. This requirement is regardless of profit status, admission fee, or who conducts the exhibition, and can even apply to residents who play movies for other residents, if it happens in a communal area.
The 2016 agreement establishes guidelines for the licensing of motion picture exhibitions in all senior living and health care communities regardless of the level of care provided or the license status of the community. The agreement states that:
The complete terms of the 2016 agreement are available online for our members. LeadingAge encourages qualifying members to contact MPLC and secure a deeply discounted license before the December 31, 2016 deadline. This brochure provides additional information and an application.
Since 1986, MPLC has granted the umbrella license for the public performance of videos. Once licensed, senior living communities may show an unlimited number of motion pictures and other audiovisual programs in a variety of formats. Content may be obtained from any legitimate source whether purchased, borrowed, or rented via DVD, download or streaming service.
The umbrella license provides the most comprehensive programming available from over 1,000 motion picture studios and producers ranging from major Hollywood studios to educational, independent, specialty, foreign language, documentary, and television producers. The license covers thousands of titles currently available in any legal format originally intended for personal, private use only.
Providers operating assisted living, nursing or rehabilitation units are strongly encouraged to secure an umbrella license before December 31, 2016 to ensure the lowest possible license fee. You may contact MPLC directly at (800) 462-8855 or online at mplc.org for assistance with pricing and any questions about the 2016 agreement and the umbrella license and use the application form in the brochure.
Questions about motion picture licensing requirements may be directed to Steve Maag at LeadingAge.