Will your big-screen Super Bowl party violate copyright law?
By
Nate Anderson | Last updated January 31, 2010 8:30 PM
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An offhand comment the other day by a friend caught my attention—"Did you know that you can't watch the Super Bowl on a TV screen larger than 55 inches? Yeah, it's right there in the law."
With the Colts and Saints set to do battle in Super Bowl XLIV, this seemed worth looking into as a public service. Could it be that some of those giant flat panel TV sets now finding their way into US living rooms are actually violating copyright law?
Yes, it's in the law—sort of
Copyright law has a huge range of exemptions (like face-to-face classroom teaching), limitations (like fair use), and compulsory licensing schemes (like paying songwriters when you perform a cover version of a tune). Some are well known, but most are of interest only to specialists.
US Code
Title 17, Chapter 1, Section 110 is called "Limitations on exclusive rights: exemption of certain performances and displays," and it lays out 12 of these exemptions to copyright restrictions. Are 55+ inch TVs mentioned specifically? They certainly are.
TV broadcasts and movie showings can only be displayed so long as "no such audiovisual device has a diagonal screen size greater than 55 inches, and any audio portion of the performance or display is communicated by means of a total of not more than 6 loudspeakers." So there it is in black and white—a ban on big TVs!
Sort of. While my friend was right about what's contained in the law, it's important to put the words in context. In this case, the context is exemption number five, which deals with TVs. The exemption opens by saying that turning on a TV set in one's house does not incur any sort of "public performance" liability under copyright law. So long as you're using a set that can reasonably be described as "a single receiving apparatus of a kind commonly used in private homes," you're in the clear.
(Okay, not completely. You cannot make a "direct charge" to "see or hear the transmission," though you can apparently ask friends to cover the cost of food and drink. You also cannot further transmit the broadcast "to the public," so diverting a live video stream onto the Internet and streaming it to the world is right out. Otherwise, you're fine.)
The rest of exemption five lays out a host of limitations to the exemption (yes, it's a bit confusing), but they all apply to "an establishment"—a public gathering place, not a home. The rules get remarkably specific, apply differently to small and large venues, and come with restrictions on how many TVs or radios can be used in a place of business without running into trouble.
The "55 inch" language applies to large establishments of more than a few thousand square feet. Such places can show the big game on a TV set, but only if they don't use "more than 4 audiovisual devices, of which not more than 1 audiovisual device is located in any 1 room, and no such audiovisual device has a diagonal screen size greater than 55 inches, and any audio portion of the performance or display is communicated by means of a total of not more than 6 loudspeakers, of which not more than 4 loudspeakers are located in any 1 room or adjoining outdoor space."
Translation: if you want to stick a bunch of TVs in a single public room (like a sports bar) or put up massive 80 inch panels in your fraternal
organization, you'll need to negotiate some sort of arrangement with the copyright holder.
It all sounds boring and academic, but the NFL famously made waves back in 2007 when it
went after an Indianapolis church for hosting a Super Bowl party. Fall Creek Baptist Church planned to 1) charge admission to cover the food bill and 2) show the game on a giant projector system of more than 55 inches. Both were no-nos. In the wake of the NFL's threat, churches around the country canceled get-togethers that year.
Though it was in fact written into copyright law, the NFL's action generated such bad press that several US Senators pressured the league to change its enforcement practices, law or no law. Sen. Arlen Specter (R-PA, now D-PA) even introduced
S. 2591, a bill which singled out "professional football contests" and allowed nonprofit groups to show the games on any size screen.
The bill went nowhere, but the NFL did call an audible. In late 2008, the league announced that it was
changing its ways and would no longer go after churches simply for using a 55+ inch screen.
The league is also a
big fan of trademark law, which it uses to attack any company using the terms "Super Bowl," "NFL," or "Super Sunday" in its advertising. To the NFL, such commercial uses of its trademarks are an attempt to create the impression of a relationship with the league, and this can lower the value of such relationships—one which "official sponsors" pay millions of dollars a year to maintain.
The led many advertisers to promote sales and special offers tied to "the Big Game" instead. So, in 2006, the NFL also filed for a trademark on "the Big Game." It backed off when
Stanford and Cal objected; the two universities had called their own annual football game
"the Big Game" for a hundred years already.
Will your big-screen Super Bowl party violate copyright law? 
Will your big-screen Super Bowl party violate copyright law? 
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