How can I prove I legally can play back copied music at a business?

I'm willing to bet that those stores in the mall that play CDs from their employees' collections aren't worrying about paying a license for a public performance. Any chain store in the mall has a license. It's a blanket license, at the corporate level, so they don't have to worry about the details of which CD's get played.

And it is black and white. If you're running a business and part of running that business involves playing music to attract customers or to provide a congenial atmosphere for your customers, then you need to pay. You are using music to promote your business and earn money. Merdryn's comments about playing a song loud enough for others to hear don't apply as in that situation the reason you're playing the song is not related to your earning any money.

This is stupid, lame, terrible. Why is that? (Public) business owners pay someone to make a logo that is attractive to customers; they pay interior designers to make flooring, spaces and colour schemes that are attractive to customers; they pay advertising agency to dream up witty campaigns that are attractive to customers. Why shouldn't they pay the person who created the soundtrack that plays throughout the business day and attracts customers? [Disclaimer: I'm a composer, and I'm glad the performing rights companies are behind me on this one. In many clothes shops the music is as much a part of the atmosphere as the lighting and the clothes themselves. Damn right I want paying!]

Sorry to have stirred a hornet's nest here. I'm one of those who feels that intent is an important consideration, and I don't think that anyone playing a CD from their collection in their business is intending to screw anyone. While the RIAA thinks it's a black and white issue, reality isn't black and white. What if I'm driving down some neighborhood street (not my own), and I like a particular song, and turn it up loud? Am I violating my license to the work by playing it loud enough for the public to hear? Noise ordinance aside, of course. If the poster was listening to his CD collection for his own personal enjoyment, and customers happened to hear it, is that a license violation? What if I take a business call while I'm at home, and my MP3 collection can be heard in the background? Did I just break the law by allowing a witness? Do I need to send $1.28 to Bowling for Soup because I played "Almost" loud enough for a stranger to hear it? It's not an issue of "can I get away with it", it's an issue of "am I ACTUALLY screwing someone out of their due, AND did I intend to do so." It may take a bit of time for the law, in this type of matter, to catch up to reality, but it will. It nearly always does. Good luck, poster, with your problem. I'm out. (Disclosure - Someone who actually pays for CDs and DVDs, before you start to think otherwise.)

I also think it's sad that we have to ask ourselves questions like the submitter. What the hell happened to this country? What the hell happened to this country when people think it's not important to check that they're correctly reimbursing artists for their work? This should not be an issue of "can I get away with it?"but "am I doing everything I can to make sure I'm not screwing anyone?" (Disclosure - professional composer and songwriter)

I stand by what my attorney has told me in the past; a "public place" is a vague and undefinable thing. Poster may or may not be considered "performing" his personal collection of music for the purposes of licensing by the content owner. Or, he can pay a few hundred bucks a year to "license" his music. Whatever. That's what I get for being "real world", I guess.

No, no, I just expressed myself sloppily. I was quoting you as a perfect summary of what I wanted to say to Merdryn, to whom I was addressing the "you." Sorry 'bout that; you (nitsuj) have been nothing but helpful, and I (languagehat) have been floundering like a flounder.

...and if not, if you browse up you'll see I posted a (quite helpful, if I do say so myself) http://ask.metafilter.com/mefi/36666#568537 early on in the discussion, before this mess happened.

languagehat, I think you think http://ask.metafilter.com/mefi/36666#568954 was posted by Merdryn.