Public Means Public: A Call for Amendment of the Copyright Act of 1976's Public Display Right to Immunize Private Businesses from Unintentional Infringement

Authors

• Lucy Greaney, Cleveland State University College of Law

Volume

74

Abstract

Private businesses increasingly face copyright liability and burdensome licensing fees under the Public Display Provision of the Copyright Act of 1976, despite engaging in activities that cannot be truly considered public. This Note examines the historical development of the Public Display Provision, analyzes case law involving public accommodations and semi-private entities, and explores the intersection between copyright enforcement and U.S. antitrust principles. It argues that Congress did not intend for private, employee-only business settings to fall within the scope of the Public Display Provision and that the current enforcement regime enables anticompetitive licensing practices by performing rights organizations. To resolve the mismatch between the legislative intent and execution of the law, this Note proposes enactment of the Employee-Exclusive Music Use Exception Act. This statute would exempt private businesses from infringement liability when music is used solely for employee enjoyment within routine business operations.

Recommended Citation

Lucy Greaney, Public Means Public: A Call for Amendment of the Copyright Act of 1976's Public Display Right to Immunize Private Businesses from Unintentional Infringement, 74 Clev. St. L. Rev. Et Cetera 237 (2026)
available at https://engagedscholarship.csuohio.edu/etcetera/vol74/iss1/8