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Music or Movie in the HOA Clubhouse - Watch Out for Copyright Infringement

March 2, 2015

Condominiums, Townhomes, and Homeowner Associations should be aware that playing music or movies in the clubhouse or in any common area to a group of owners and/or their guests could be a copyright infringement. The test is whether the display is a "public performance." That legal and factual analysis depends on the makeup of the group of people in attendance. Private parties in HOA clubhouses have been held to be public performances for purposes of the music played at those events. Any association considering any organized event in a clubhouse or common area at which a movie or music will be offered by the Association, should contact Morris Sperry for a quick analysis or make sure whoever they source for that entertainment complies with copyright law. 

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