Re:Police officer plays Taylor Swift song to keep a video of...
by dragonwriter on Thursday July 01, 2021 @05:13PM
(#27704944)
> He is just playing it for those immediately around him. That doesn't count as a public performance.
Yes, it does; most public performances other than radio/TV broadcast are, by nature, only for those in the immediate vincinity.
> By your logic, if someone is playing music in a park or beach, I could start filming them and they'd have to turn it off.
No, because asserting that this case, independent of how other Fair Use factors might apply to it, doesn't fall into Fair Use because its purpose is to suppress commentary does not indicate that your counterfactual would not.
Yes, it does; most public performances other than radio/TV broadcast are, by nature, only for those in the immediate vincinity.
> By your logic, if someone is playing music in a park or beach, I could start filming them and they'd have to turn it off.
No, because asserting that this case, independent of how other Fair Use factors might apply to it, doesn't fall into Fair Use because its purpose is to suppress commentary does not indicate that your counterfactual would not.