In response to member inquiries, NBAA has issued “guidance to its Members that a Motion Picture Licensing Corporation (MPLC) subscription is not required to legally display videos during Part 91 flights.” Apparently MPLC was contacting NBAA members and telling them they needed “a public performance exhibition license” in order to show videos on Part 91 flights. According to the NBAA, “[i]t is the view of NBAA’s legal counsel, based on current legislation and judicial findings, that such a license is not necessary, as the showing of videos on business airplanes during Part 91 operations does not constitute a ‘public performance’ as defined by the U.S. Copyright Act.”
If MPLC contacts you for this purpose, ask them to provide you with the legal basis upon which they are making their claim. Alternatively, you may simply rely on NBAA’s guidance and state that your operations do not require such a license. Otherwise, you can contact Joe Ponte at NBAA for more information or to report contact from MPLC.