Does your healthcare business need an ‘umbrella’ copyright licence?

Sponsored feature | Emma Elston, associate, HCR Hewitsons

Healthcare businesses such as residential care providers are often unaware of the need to obtain a copyright licence in order to lawfully screen films and television programmes at their premises.

What is copyright?

Copyright protects certain rights, including films and broadcasts, from commercial exploitation. Under the copyright regime, playing or showing a film or broadcast in public without a licence constitutes copyright infringement which can attract fines or penalties.

Prior to 2016, the law contained an exemption allowing organisations which did not charge for admission to their premises to show television broadcasts without needing to obtain permission in respect of the ‘film’ element of those broadcasts.

This exemption no longer applies, meaning that any organisation which shows films or broadcasts in public is required to obtain a copyright licence in addition to the standard TV licence. However, it remains lawful to show rolling news coverage without an additional copyright licence.

What is an ‘umbrella’ licence?

To avoid organisations needing to obtain multiple individual licences in respect of each film or broadcast which is played, licensing bodies offer collective ‘umbrella’ licences, granting rights on behalf of multiple copyright owners in a single licence.

The two largest licensing bodies are Motion Picture Licensing Company (MPLC) and Filmbankmedia. There is no overlap between the rights licensed by these bodies and, while generalisations can be made as to the type of content licensed by each, it is advisable for organisations to research which would be more appropriate.

What constitutes ‘in public’?

There is no definition of what constitutes a ‘public’ screening. However, as a general rule, any showing which takes place outside of domestic, quasi-domestic or family circles will be considered to be public.

The position in respect of healthcare organisations is nuanced and will depend on the specific facts and circumstances relevant to each premises. For example, a licence is likely to be required where films or television programmes are screened to residents of a care home in a communal area as part of an ‘entertainment package’.

Licensing bodies take the view that in these circumstances, residents do not have domestic or private ties with each other but rather are each there independently as members of the public to benefit from the services provided by the care organisation, which services include various ‘activities’ such as communal film screenings.

On the other hand, a licence may not be required where the activity is organised by the residents themselves, for example a group of residents deciding to watch a film together.

As to films or television programmes played in a common room or staff room, for example during staff breaks, government guidance advises that this is deemed to be ‘public’ and that a licence is required.

For more information, contact Emma Elston, associate, dispute resolution team, on 01223 447429, 07971 122628 or at eelston@hcrlaw.com.

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