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The recording isn't what made it public performance. The normal way you play music is for your own enjoyment. It's incidental if other people overhear. He said
by pseudalopex 5y ago
The recording isn't what made it public performance.
The normal way you play music is for your own enjoyment. It's incidental if other people overhear. He said that wasn't what he did.
- robbrown451 5y agoThat doesn't make it a public performance. Are you saying that a court cares whether or not you are enjoying it? Really? This is so absurd. The harmed party needs to be the owner of the copyright, because people listen to this instead of paying them.
- pseudalopex 5y agoReplace enjoyment with listening if you like. Unauthorized public performance is a violation of the copyright holder's exclusive rights. Market effect is only 1 of several factors examined together for a fair use defense.
- robbrown451 5y agoSo why isn't Taylor Swift and her record company suing everyone who is listening to music in a public place, such as a park? They have no reason to sue this guy that doesn't apply to millions of other cases that happen every day.
- pseudalopex 5y agoIt would be impractical and bad for business. They would have to hang out in parks waiting for someone to infringe. Then identify them. They would get a reputation for suing people who just wanted to listen to music in the park. And courts would be sympathetic to fair use claims in such cases.