Kristine R. Brancolini (
Fri, 12 Nov 1999 08:38:30 -0800 (PST)

I don't think it makes any difference whether the resident selects the
video or whether it is part of the home's programming. It's still the
residents' room and the showing in that room does not constitute a public
performance. The showing is not open to the public nor does it take place
in a public place. Those conditions must exist for it to be a public
performance. You don't need public performance rights if it's not a
public performance.

Kristine Brancolini
Indiana University

On Fri, 12 Nov 1999 wrote:

> To compare a college to a seniors' home, on a college campus, the
> dormitory room is considered the "home" of a student (a private, rather
> than
> public, place).
> However, I would think it questionable if the agent of the institution (a
> public place,
> I think), is choosing and perhaps showing these TO the residents as part
> of the institution's
> program...without their
> input... (The brochures may say, "Free videos in the rooms..."
> However, if the residents asked her to go pick up "Halloween XXXIV" because
> they
> wanted to watch it in the privacy of their room, I suppose that would be
> ok.
> How about that?