Your assuming you need to deter violation. Many organisations like the red cross operate just fine despite the free rider problem. Personalty, I don't support

Your assuming you need to deter violation. Many organisations like the red cross operate just fine despite the free rider problem. Personalty, I don't support copyright for Music performances period end of story, and I doubt the vast majority of musicians would notice a difference. However, more generally the final penalty needs to be adjusted by the penalty associated with being prosecuted. If the penalty is 1,000$ / song, but you need to go to court to defend yourself then the effort associated with that court case is also part of the penalty of enforcement. Also, because your fine can't drive you past bankruptcy ridiculous penalties have little meaning (this plays into the last banking bubble. I can sell a trillion dollars worth of insurance far below costs if I don't have a trillion dollars because my downside is limited to the value of my assets.)