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When I wrote radio - I meant generally 'something with a speaker' because irrespective of what 'radio stations' do - playing music on 'something with a speaker
by jollybean 5y ago
When I wrote radio - I meant generally 'something with a speaker' because irrespective of what 'radio stations' do - playing music on 'something with a speaker' from CD, iTunes, MP3s etc. on your lawn, in your car, on the beach, while at work - is extremely common - and does not constitute a 'public performance'.
You're basically implying that 'everyone is breaking copyright all the time' which is a spectacular claim unsupported by the case law which I presented to you.
You'll have to provide some basic logic and hopefully evidence to support the claim that someone playing music for themselves and even a couple of other people they are engaged with is a 'public performance' because at it stands there's no reason to believe that.
- otterley 5y agoI think you’re confused. I have said elsewhere in this thread that public performance excludes performance only to a small group of friends or family.
- otterley 5y agoI think you’re confused. I have said elsewhere in this discussion that public performance excludes performance only to a small group of friends or family.
- jollybean 5y agoYou're confused because you believe that the courts would find 'non public performance' only in the most narrow interpretation 'performance only to a small group of friends or family'. Millions of people play unlicensed music beyond the narrow interpretation of this statute every day, and there's 200 years of case law that I referred you to that doesn't come anywhere even close to indicating that any court is going to take a narrow view of that statute. The case law highlights where that 'boundary' is and it's beyond a cop or anyone else playing music from their person, on the job or otherwise.