What counts as public performance?

'Is it legal', 'can I do this' type questions and discussions.
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keith_12345
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What counts as public performance?

Post by keith_12345 » Tue Dec 27, 2016 9:51 am

What counts as public performance? If I were to use my tablet in public, with copyrighted content on the screen, would that be copyright infringement as I was displaying copyrighted material in a public place? If I were listening to copyrighted music in public, would that be copyright infringement?

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AndyJ
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Post by AndyJ » Tue Dec 27, 2016 10:43 am

Hi keith,

Take a look at this thread for an explanation of what constitutes a public performance. Just by operating your tablet for your personal use in public would not be performing the music or any other copyright material.

If you were deliberately using your tablet in order that others would be entertained, then I suppose technically that might amount to making the music available to the public which would require a licence from PRS/PPL, much like the sort of licence shops and similar outlets need in order to have the radio on in the public part of their premises. However I think it would be very hard to establish, for legal purposes, that that was what you intended and coincidentally, there just happened to be someone from PRS/PPL around at the time to notice!

Probably best to use earphones and that way you don't disturb others with your choice of music!
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007

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