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It's not totally clear to me that those are different. For example, if you have a painting or some other flat, static creative work, then public "display" and "performance" are the same. You don't need a positive law to say you can show people a DVD box. Additionally, some works are unique or at least not commodities like a Shrek DVD, in this case how can you let the buyer know what they're buying without letting them watch the DVD or open the book?



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