Re:Police officer plays Taylor Swift song to keep a video of...
by jollybean on Friday July 02, 2021 @06:52AM
(#27709947)
I don't see how secondary motivations that have nothing to do with entertainment or copyright (aka for the purpose of supposedly suppressing someone's rights) would be relevant? Either it's a 'public performance' or it's not.
Even to the extent workplace semi-public (for coworkers, not primarily for public customers) entertainment use might be fair use [0], use by a state officer for the purpose of leveraging known provider policies to inhibit First Amendment protected public monitoring and distribution of recordings of police activity would seem unlikely to be viewed by a court as fair use (whose statutory definition was crafted to follow the parameters of a judicially-articulated restriction on copyright that itself was viewed aa necessary to conform copyright to the First Amendment.)
[0] a quite controversial position itself.