The public performance need no longer be for profit o

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the public performance need no longer be for profit o“Perform”To perform a work means to recite, render, play, dance or act it The downloading of a digital music fie does not constitute a performance of the musical work embodied in that file The playing of a game is not a “performance” within the meaning of the copyright act Excluded works: pictorial, graphic, and sculptural works, soundrecordings, architectural works A “secondary transmission” the simultaneous retransmission of a primary transmission is a performance oPublic Place Clause A performance is public if it occurs at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered (whether a place is open to the public is dispositive) Performances at “semipublic” places such as clubs, lodges, and schools are now found to be public places Routine meetings of businesses and governmental personnel do not represent the gathering of a “substantial number of persons”A performance is “public” if it is transmitted to a place specified by thepublic place clause; or to a place or separate places where the public iscapable of receiving the transmission at the same time or at different times
The transmit clause applies only when images or sounds are transmitted from one place to another To transmit a performance or display is to communicate it by any device or process whereby images or sounds are received beyond the place from which they are sent The transmission of an image from a computer bulletin board, an online service or the internet constitutes a public performance Columbia Pictures Industries v Aveco: AVECO can still be liable as an infringer even though it does notactually operate the videos A person who lawfully acquires an authorized copy of a motion picture would be an infringer if he or she engages in the business of renting it to others for purpose of an unauthorized public performanceSince anyone can get access to these rooms, it is open to the public since people went here only to watch movies, these rooms are more like a movie theater than a living room By renting rooms, AVECO infringed on the Producers’ exclusive right to publically perform and authorize public performance of their copyrighted work oSmall Business Exception (don’t need to pay for the secondary transmission)Reception of television and radio broadcasts on home-style receivers which may be seen or heard by the public is exempt so long as no direct charge is made Courts look at the following factors to see if the exemption applies: The physical size of the businessType of receiver usedWhether the receiving apparatus was augmented Number of speakers in the system Whether the system was professionally installed The reception by specified establishments of radio and television

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