Re: Broadcasting dilemma

On Tue, 1 Jul 1997, Laurie Lye <llye[_at_]acad.cc.whecn.edu> wrote:
>
> Could someone kindly guide me to a concise source which would explain
> the law on playing music over loudspeakers in a private business?

This is pretty concise, although whether a particular piece of equipment meets the definition is always open to argument:

     Notwithstanding the provisions of section 106, the following are not
     infringements of copyright: 

     (5) communication of a transmission embodying a performance or
     display of a work by the public reception of the transmission on
     a single receiving apparatus of a kind commonly used in private
     homes, unless -
          (A) a direct charge is made to see or hear the transmission; or
          (B) the transmission thus received is further transmitted to the
              public; 

This is from section 110 of the U.S. Copyright Act.

> The scenario: Two businesses, one a fast food restaurant, the other
> an antique mall, want to have music playing. They would prefer not to
> be forced to subscribe to the cable services providing music. May
> they play music they have privately recorded, or the radio? What
> are their rights/responsibilites?

The above provision allows them to play an ordinary radio in their business -- but not a costly sound system not ordinarily found in homes. It does not extend to playing their own recordings (e.g., a tape of selected tunes).

--
Terrence J. Carroll                   (408) 428-6600
Associate Counsel                     (408) 428-6699 (fax)
Creative Labs, Inc.                   tcarroll[_at_]creativelabs.com (office)
1901 McCarthy Blvd.                   carroll[_at_]tjc.com (personal)
Milpitas, CA 95035                    http://www.creativelabs.com