Interestingly enough, I define public as "when I step outside my door". It doesn't matter where I am, whether in my car, at a venue, at the shopping center or beach -- I am not in my private residence -- I am in public.
Who cares what y
ou define it as... the law is what applies.
Sorry, Mr DJ - this is not about you.
Is the bride's choice to have music at her reception a private or public concern? This is the question Copyright Law concerns itself with. It is a private event because it is the private conduct of an individual, their family, friends, and circle of acquaintances - which produces no commercial gain for that same individual. The copyright law concerns itself with the
purpose of the event at which the performance takes place - not the fee of individual DJs, bands, waiters, or bartenders. The liability (if any) is a product of the event - not the source of the music played.
Certain private purposes, such as weddings are
expressly exempt from a performance royalty. It makes no difference "where" you are and if an uninvited person can see/hear you.
Then Lawyer Bob maybe you could explain why at a private event if there was an incident the first charge laid on anyone would be public intoxication.
Yes, easily.. because the two things are entirely unrelated. We are talking about "private" only in the context of
copyright liability - the definition does not extend to any liability beyond the copyright concerns. Being in a private situation with respect to a copyright does not prevent anyone from committing a public offense against some other piece of legislation.
Would you presume that because you were listening to an Eric Clapton CD
privately in your home that you are exempt for dealing drugs in your living room? The answer is no - yet, that is essentially the argument you are trying to make above.