Performance Rights Issue

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  • This might not be a strict copyright question -- but someone has borrowed one of our DVD's via ILL and I got a call today from them inquiring whether we purchased the performance rights as they want to show it at a performance.  


    In my opinion, the performance rights would be an agreement between the copyright holder and the purchaser and not transferable.  But it was such a unique instance that I thought I would ask what others thought.  



  • Generally, you are correct! The definitive answer to your question will be found in the license agreement you signed with the film vendor. When you get these questions, I would encourage you to consult the license agreement and see what it says about consortia/ILL lending and/or the transferability of any public performance rights that were granted as part of the acquisition. It has been my experience that oftentimes these licenses will contain language stating that the rights are nontransferable to other organizations, but each contract is unique in how they address these situations.

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