Page:The librarian's copyright companion, by James S. Heller, Paul Hellyer, Benjamin J. Keele, 2012.djvu/46

30 receiving the performance or display receive it in the same place or in separate places and at the same time or at different times.

The first sale doctrine, which we discussed in connection with the distribution right, permits the owner of a lawfully made copy to publicly display the copy. This is why libraries are permitted to put books, photographs and other material in display cases, provided that they use authorized copies. But the first sale doctrine does not extend to public performances, and your library can't build a theater and show DVDs to the public without permission from the copyright owners. We'll discuss public performances in more detail in Chapter Eight.

What about images or text on a computer screen? This is a little tricky, because of the ability to display images simultaneously in multiple locations or to display them to remote viewers. The Act provides that the owner of a lawful copy may display the copy publicly "either directly or by the projection of no more than one image at a time, to viewers present at the place where the copy is located." So although you may not send digital images from a computer to the world at large, you may display images on a projection device to a group, such as students in a classroom.

The Digital Performance Right in Sound Recordings Act of 1995 gives and owner of copyright in a sound recording the exclusive right to perform his or her work publicly by means of a digital audio transmission. The right is qualified by numerous exceptions, which are spelled out in section 114 of the Act.

Unlike the other exclusive rights we've already described, this digital performance right is narrowly tailored to address specific types of situations, and is unlikely to affect your library. In passing this Act, Congress was attempting to protect the market for sound recordings by restricting subscription and "interactive" digital transmissions, the latter referring to