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Replace enjoyment with listening if you like. Unauthorized public performance is a violation of the copyright holder's exclusive rights. Market effect is only
by pseudalopex 5y ago
Replace 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.