It's most likely that the patron (the end-user) is liable (altho I have
heard rumblings about checking out materials for use in known illegal
context...seems like it would be pretty hard to prove in court). For this
reason, I think it's pretty important to publicly post copyright
policy--particularly in PLs .
The bottom line: Tell your vendor to take a leap. You ain't the person
who needs the performance rights, your patron is.
At 10:09 AM 1/23/2003 -0800, you wrote:
>I need a reminder here:
>If one of our patrons checks out a home-use video and uses it in a public
>performance, who's liable, us or the patron? Is the owner or the user of
>the tape liable under copyright? I think I know the answer, but I've got a
>vendor claiming that if we don't buy their tape at the higher public
>performance price we'll be liable for any copyright violation.
>Thanks in advance,
>Johnson County Library
>Overland Park, KS
Media Resources Center