Can this really be copyright infringement?

[papaw]

A case mentioned at bbc.co.uk will be heard on charges of copyright infringement by auto repair shops allowing mechanics to play radios within hearing of customers.

This article

A car repair firm has been taken to court accused of infringing musical copyright because its employees listen to radios at work.

The action against the Kwik-Fit Group has been brought by the Performing Rights Society which collects royalties for songwriters and performers.

At a procedural hearing at the Court of Session in Edinburgh a judge refused to dismiss the £200,000 damages claim.

Any thoughts or knowledge among Dopers?

[CJJ]

Careful, this is the UK, where strict copyright laws are generally administered by the Performing Rights Society (PRS).

IANAL, but I believe U.S. copyright lawhas a specific exemption for this type of “performance”:

110…the following are not infringements of copyright:…

(B) communication by an establishment of a transmission or retransmission embodying a performance or display of a nondramatic musical work intended to be received by the general public, originated by a radio or television broadcast station licensed as such by the Federal Communications Commission, or, if an audiovisual transmission, by a cable system or satellite carrier, if —

(i) in the case of an establishment other than a food service or drinking establishment, either the establishment in which the communication occurs has less than 2,000 gross square feet of space (excluding space used for customer parking and for no other purpose), or the establishment in which the communication occurs has 2,000 or more gross square feet of space (excluding space used for customer parking and for no other purpose) and — …

(I) if the performance is by audio means only, the performance is communicated by means of a total of not more than 6 loudspeakers, of which not more than 4 loudspeakers are located in any 1 room or adjoining outdoor space;

I’d say the business described in the article was smaller than 2000 sq. ft., and even if it isn’t one tinny radio speaker hardly fits the “more than 6 loudspeaker” requirement.

[scm1001]

My WAG is that if the company bought the music system and played it for the workers then that might be a breach. As it was personal radios then I dont think they have a chance. But they are obviously trying their luck