What must a performance look like to be considered private by US Copyright Law

Question

Under Chapter 1 Circular 92 of US Copyright law, it states that a public performance can be meant "to perform or display it (a performance) at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered..." What would be defined as a normal circle of family/social acquaintances? If I were to throw a party, where everyone knew somebody present, would it be considered public? Would I be violating copyright laws if were to play music?

Joseph Jaap · Answer

The copyright law does not provide a specific answer, beyond the text you quoted.  Prior copyright cases that have been decided, might give a court's decision on a specific set of facts in a particular case.  That decision might provide some guidance in a case of similar facts, but another court might disagree, and might not be bound to follow it, unless the Supreme Court has issued an opinion.  That is what legal research is - to review prior cases and find similarities or differences.  Copyright owners register their music with licensing agencies, and radio stations, arenas, bars, etc. purchase licenses to play copyrighted music.  Investigators for the music licensing agencies, like BMI and ASCAP, visit bars and other venues looking for instances of copyrighted music being played without a license, and if the bar or venue does not have a license, they can be sued, and can have to pay thousands of dollars.  It is doubtful that an investigator would show up at your party.  But if one did, and you were not able to settle, then a court would decide if your event was public enough to create a copyright infringement.

Q: What must a performance look like to be considered private by US Copyright Law