"It's a place open to the public, so it is a public performance. "
No, that's not a rational inference.
Care to take a moment and search the case law for this?
Given that millions of people play music in public every day, can you find even a single instance of case law that supports the absurd claims in this thread?
No?
Nobody ever charged for listening to music themselves?
This comment really helps to highlight how badly HN melts down in the face of facts they don't like.
By your argument, playing music at the beach or at the office, even to yourself is a against the law.
It's a false argument based on a magical reading of the code.
It is 100% legal for someone to play music for themselves, full stop.
This is not one of those issues that IP lawyers just don't pursue because it's not worth it, rather, they don't pursue it because they cannot.
Just because you are 'in public' does not mean you are giving a public performance. Otherwise every radio everywhere would be banned, or come with a warning label.
If you are playing music in your store, for customers, you may be breaking IP law.
If you play it for a large number of employees, maybe.
If you play it as part of a performance intended for the public and have a public audience, then probably.
And of course, if you film someone listening to music - real or rehearsed (like a cop) - and put it up on YouTube you're probably breaking copyright. Maybe.