This guide and the resources included within are licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International license, except as otherwise noted. Questions and requests may be directed to Meaghan Shannon, Copyright Librarian at Queen's University: meaghan.shannon@queensu.ca.
The information on this page is intended for Queen's students, who intend to perform films or music at events that are held on campus, and addresses the following:
- Public Performance Rights (what they are and why they're needed);
- Obtaining Public Performance Rights for Films (physical formats, online streaming services, publicly accessible online sources, YouTube, and Library-licensed Film and Video Collections);
- Paying Licensing Fees for the Public Performance of Music (physical formats and online streaming services);
- Obtaining Public Performance Rights for Audio Recordings (physical formats, online streaming services, and publicly accessible online sources); and
- Obtaining Public Performance Rights for Broadcasts of Live Events.
If you have any questions or need assistance, please contact the Copyright Advisory Office: qcopy@queensu.ca.
Among the economic rights conferred upon authors of works is the public performance right. Only the author or copyright owner has the right to perform a work in public or to the public. Owning a physical copy of a work (a movie on Blu-ray or an album on vinyl, for example) or subscribing to an online streaming service will permit your use of the physical copy or the online streaming service for your own personal or your own household use only. The ownership of a physical copy or the subscription to a streaming service do not entail ownership or subscription to any of the author's or copyright owner's economic rights, including the public performance right. In order to perform a film, musical work, or audio recording in public, the public performance right needs to be obtained through a permission request that results in a license agreement which details the grant of permission to exercise the public performance right on the author's or copyright owner's behalf.
The Copyright Act includes only one exception which permits the exercising of the public performance right without permission from the author or copyright owner of a film, musical work, or audio recording. Section 29.5 of the Copyright Act permits the performance of films or musical works for educational purposes as long as the following conditions are met:
- the film, musical work, or audio recording must be performed for educational or training-related purposes;
- the performance of the film, musical work, or audio recording must be facilitated by the person directly responsible for setting the curriculum;
- the film, musical work, or audio recording must be performed on the premises of the educational institution;
- the audience must consist primarily of students;
- the film, musical work, or audio recording must not be performed for profit; and
- the film, musical work, or audio recording being performed must not be an infringing copy of a film, musical work, or audio recording.
This exception permits the performance of a film, musical work, or audio recording in the classroom by a course instructor for students during class when the subject matter of the film, musical work, or audio recording is directly related to the curriculum of the course. This exception will not extend or apply to events that are held on campus, even if the events are educational in nature, take place in classroom, tickets aren't sold, or when audiences consist primarily of students. The following are some examples of events that may take place on campus and will require public performance rights: conferences, screenings, concerts, movie nights, club meetings, gatherings or parties to watch sporting events or election coverage, charity events or fundraisers, and cultural events or holiday celebrations.
The processes of obtaining public performance rights for films, musical works, audio recordings, and broadcasts of live events are detailed in the sections below. Event Services will require proof that public performance rights have been obtained before confirming that rooms or campus spaces have been reserved. The Copyright Advisory Office can provide assistance to individuals and groups during the processes to obtain public performance rights but any/all licensing fees are the responsibility of the individuals or groups that will be performing the films, musical works, or audio recordings.
Physical Formats
In order to perform a physical format of a film (VHS tape, DVD, or Blu-ray disc) in public, you must own or be in possession of a legitimate copy of the physical format (ie not a copy of an unauthorized copy, a burnt DVD, or a download that has been transferred to a DVD or USB key) and the public performance rights must be obtained. In Canada, the public performance rights to many films are administered by Audio Cine Films Inc. and Criterion Pictures.
Audio Cine Films Inc. administers the public performance rights on behalf of Walt Disney pictures, NBC Universal, Sony Pictures, MGM Studios, TVA Films, Capri FIlms, D Films, Equinoxe Films, Film Option International, Fun Film Distribution, K-Films Amerique, Kinosmith, Level Films, Max Films, Maximum Films, Productions du Phare-Est, Rose Films, and Samuel Godwyn.
Criterion Pictures administers the public performance rights on behalf of Warner Bros., 20th Century Studios, Searchlight Studios, Paramount Pictures, CBS, FOX TV, Warner TV, Entertainment One, Elevation Pictures, Mongrel Media, Pacific Northwest Pictures, Vortes Films, Game Theory Films, and National Geographic.
The graphic below illustrates the process of obtaining public performance rights for a physical format of a film.
If you have questions or need assistance, please contact the Copyright Advisory Office: qcopy@queensu.ca.
Online Streaming Services
In order to perform a film from an online streaming service (Netflix, Disney+, Amazon Prime, etc.) in public, the public performance rights must be obtained and permission from the online streaming service must be obtained. Permission from the online streaming service is required in addition to the public performance rights because the terms of use or terms of service, that were agreed to or accepted when an account was created or a subscription was initiated, will only permit the use of the online streaming service for personal or household use.
A limited number of documentaries can be performed publicly via Netflix if the performance is for educational or training-related purposes. These documentaries are clearly labeled within Netflix and the label must be in place at the time of the performance during the educational or training-related event (please note that Netflix's catalogue of titles does change on monthly and quarterly bases.
If the intention is to publicly perform and stream a feature film, individuals and groups are encouraged to confirm whether the feature film is available through Queen's University Library's subscriptions to Audio Cine Films and Criterion Pictures. If so, the public performance rights will need to be obtained from Audio Cine Films or Criterion Pictures but the additional step of obtaining permission to publicly perform via these online streaming services will not need to be taken.
The graphic below illustrates the process of obtaining public performance rights and permission from an online streaming service as well as the encouraged use of Audio Cine Films and Criterion Pictures as alternatives.
If you have questions or need assistance, please contact the Copyright Advisory Office: qcopy@queensu.ca.
Publicly Accessible Online Sources of Films and Videos
Many websites' terms of use or terms of service will state that the website and content available on the website are intended for personal/individual/private use only. In order to perform a film or video, from a publicly accessible online source, in public, the following steps must be taken:
1. Confirm the legitimacy of the film or video (the uploaded film or video cannot be an infringing copy - consult verified accounts and trusted websites, consider the validity of the usernames of those who posted or uploaded the content, and avoid content that is accompanied by disclaimers that state 'no copyright infringement intended').
2. If the film or video is legitimate, request permission from the account that uploaded the film or video (if applicable) and the administrators of the website (company, organization, association, etc.) to perform the film or video in public during an event that will be held on campus. Identify the film or video, provide a description of the event, the date of the event, the location on campus, the anticipated audience size, and whether tickets will be sold or funds will be raised.
(When planning an event, be sure to allow enough time to obtain public performance rights. It's also a good idea to have a budget in mind for any licensing fees).
3. Proof of received permission should be provided to Event Services when reserving a room or campus space.
YouTube
YouTube's Terms of Service state that content can only be used or listened to for personal, non-commercial use. In order to perform a film or video from YouTube in public, the following steps must be taken:
1. Confirm the legitimacy of the film or video (the uploaded film or video cannot be an infringing copy - consult verified accounts, consider the validity of the usernames of those who posted or uploaded the film or video, and avoid films or videos that are accompanied by disclaimers that state 'no copyright infringement intended').
2. Check the film or video's description box for a statement indicating that public performance is permitted. If so, provide the statement to Event Services when reserving a room or campus space. If not, request permission from the account that uploaded the film or video and YouTube to perform the film or video in public via YouTube during an event that will be held on campus. Identify the film or video, provide a description of the event, the date of the event, the location on campus, the anticipated audience size, and whether tickets will be sold or funds will be raised.
(When planning an event, be sure to allow enough time to obtain public performance rights. It's also a good idea to have a budget in mind for any licensing fees).
3. Proof of received permission should be provided to Event Services when reserving a room or campus space.
Library-licensed Film and Video Collections
The chart linked below was prepared by the Copyright Advisory Office in an effort to address questions frequently asked by Queen's students. The chart includes links to library-licensed film and video collections with descriptions and information about the scope of use. Of the 38 film and video collections listed, 31 collections have been licensed so that films and videos can be performed/streamed by course instructors to students during a class; one of the collections can be used within Faculty of Education courses only; and the remaining 6 collections may be accessed and used for private study and research purposes only. Public performance rights will need to be obtained in order to perform/stream films and videos from library-licensed collections during events that are held on campus.
Audio Cine Films and Criterion On Demand are two of the 38 film and video collections that Queen's University Library subscribes to. Please refer to the graphics above to obtain public performance rights for films and videos in these two collections.
For films and videos in the remaining 36 collections, identify the 'Request a Screening' or 'Contact Us' feature within the collection, this will allow for a public performance rights request to be sent to the administrator of the collection. Identify the film or video, provide a description of the event, the date of the event, the location on campus, the anticipated audience size, and whether tickets will be sold or funds will be raised. When planning an event, be sure to allow enough time to obtain public performance rights. It's also a good idea to have a budget in mind for any licensing fees. Proof of received permission should be provided to Event Services when reserving a room or campus space.
If you have any questions or concerns about public performance rights or need assistance with the process of obtaining them, please contact the Copyright Advisory Office: qcopy@queensu.ca.
While public performance rights must be obtained for films that individuals and groups intend to perform during events that are held on campus, individuals and groups are not required to obtain the public performance for each piece of music that will be performed during events that are held on campus. Instead, licensing fees are collected by Event Services and paid to SOCAN and Re:Sound. SOCAN represents composers, authors, and music publishers while Re:Sound represents artists and record companies. Event Services is legally obligated to report the events during which music is performed to SOCAN and Re:Sound, collect licensing fees on behalf of SOCAN and Re:Sound from individuals and groups when music is performed during events that are held on campus; and pay the applicable licensing fees to SOCAN and Re:Sound. The licensing fees are calculated based on the capacity of the room or campus space, whether live or recorded music is performed, and whether the event involves dancing. Event Services will apply the licensing fees to room and campus space reservations. It is the responsibility of the individuals and groups that are reserving rooms and campus spaces to pay the licensing fees so that music can be performed during the events that are held on campus.
If an individual or group intends to perform music via an online streaming service (Spotify, Amazon Music, Apple Music, etc) in public, the individual or group must take the additional step of confirming that the online streaming service permits the public performance of music that is available through their platform as the terms of use or terms of service, that were agreed to or accepted when an account was created or a subscription was initiated, will only permit the use of the online streaming service for personal or household use. Proof of received confirmation or permission should be provided to Event Services when reserving a room or campus space.
If you have any questions or concerns about music licensing fees or need assistance, please contact the Copyright Advisory Office: qcopy@queensu.ca.
Physical Formats
In order to perform a physical format of an audio recording (a recorded speech, interview, or poetry recitation, an audiobook on CD, or a comedy album on vinyl, etc.) in public, you must own or be in possession of a legitimate copy of the physical format (ie not a copy of an unauthorized copy, a burnt CD, or a download that has been transferred to a CD or USB key) and the public performance rights must be obtained by taking the following steps:
1. Request permission from the publisher of the audio recording to perform the audio recording in public during an event that will be held on campus. Identify the audio recording, provide a description of the event, the date of the event, the location on campus, the anticipated audience size, and whether tickets will be sold or funds will be raised.
(When planning an event, be sure to allow enough time to obtain public performance rights. It's also a good idea to have a budget in mind for any licensing fees).
2. Proof of received permission should be provided to Event Services when reserving a room or campus space.
Online Streaming Services
In order to perform an audio recording from an online streaming service (Apple Podcasts, Amazon Audible, etc.) in public, the public performance rights must be obtained and permission from the online streaming service but be obtained. Permission from the online streaming service is required in addition to the public performance rights because the terms of use or terms of service, that were agreed to or accepted when an account was created or a subscription was initiated, will only permit the use of the online streaming service for personal or household use. When planning an event, be sure to allow enough time to obtain public performance rights. It's also a good idea to have a budget in mind for any licensing fees. Proof of received permission should be provided to Event Services when reserving a room or campus space.
Publicly Accessible Online Sources
Many websites' terms of use or terms of service will state that the website and content available on the website are intended for personal/individual/private use only. In order to perform an audio recording from a publicly accessible online source (a recorded interview, a radio program, a podcast episode, etc.) in public, the following steps must be taken:
1. Confirm the legitimacy of the audio recording (the uploaded audio recording cannot be an infringing copy - consult verified accounts and trusted websites, consider the validity of the usernames of those who posted or uploaded the content, and avoid content that is accompanied by disclaimers that state 'no copyright infringement intended').
2. If the audio recording is legitimate, request permission from the account that uploaded the audio recording (if applicable) and the administrator of the website (company, organization, publisher, etc.) to perform the audio recording in public during an event that will be held on campus. Identify the audio recording, provide a description of the event, the date of the event, the location on campus, the anticipated audience size, and whether tickets will be sold or funds will be raised.
(When planning an event, be sure to allow enough time to obtain public performance rights. It's also a good idea to have a budget in mind for any licensing fees).
3. Proof of received permission should be provided to Event Services when reserving a room or campus space.
If you have questions or concerns about public performance rights or need assistance with the process of obtaining them, please contact the Copyright Advisory Office: qcopy@queensu.ca.
The following are examples of live events that are broadcast by networks via TV channels or the networks' apps or online streaming services: sporting events, such as championship games or the Olympics, election coverage, concerts, and the finales of TV shows. Networks will have secured the rights to broadcast these live events to private viewers and their households. In order perform the broadcast of a live event during an event (ie a viewing party) that will be held on campus, permission from the network must be obtained by taking the following steps:
1. Request permission from the network to perform their broadcast of the live event during an event that will be held on campus. Identify the live event, provide a description of the event, the date of the event, the location on campus, the anticipated audience size, and whether tickets will be sold. It would also be important to indicate whether the broadcast of the live event will be performed via the network's TV channel, app, or online streaming service.
(When planning an event, be sure to allow enough time to obtain public performance rights. It's also a good idea to have a budget in mind for any licensing fees).
2. Proof of received permission should be provided to Event Services when reserving a room or campus space.
If you have questions or concerns about public performance rights or need assistance with the process of obtaining them, please contact the Copyright Advisory Office: qcopy@queensu.ca.