May we loan music that we own for orchestral performances by other non-profit organizations (schools, community orchestras, etc? Would the other group still need to obtain performing\/recording permissions? Could we be liable if they don\u2019t?<\/em><\/p>\n It depends how define \u201cown.\u201d If by \u201cown\u201d, you mean that you purchased the sheet music, then, yes, you can loan it or give it to whomever you want. It\u2019s like purchasing a book or CD: when you\u2019re done reading it or listening to it, you can loan it to a friend, donate it to a library, or even re-sell it. You just can\u2019t copy it, perform it, or record it\u2014and neither can the organization you loan it to.<\/p>\n Ownership of a physical copy of books, sheet music, CDs, or other copyrightable material is not the same thing as owning the copyright. Owning a physical copy merely gives you the right to physically possess it\u2014or give it away\u2014not do anything else or convey any other rights. So, if you\u2019ve purchased the sheet music and you loan or give it to another organization, regardless of whether or not the other organization is a non-profit or for-profit, they will still have to obtain the necessary rights if they want to perform or record it. Should they fail to do so, they will be liable for copyright infringement, not you.<\/p>\n If, on the other hand, you have merely \u201clicensed\u201d or \u201crented\u201d the sheet music, then you cannot loan or give it to anyone else. That would be like sub-letting an apartment without permission. When you license or rent, its just for you.<\/p>\n __________________________________________________________________<\/p>\n For additional information and resources on this and other ![\"\"](\"http:\/\/www.musicalamerica.com\/mablogs\/wp-content\/uploads\/2012\/07\/GG_logo_for-facebook.jpg\"){kind=logo}
<\/a>legal and business issues for the performing arts, visit ggartslaw.com<\/a><\/p>\n