[fredophile]

I'm a bit late replying so I'm not sure if you're going to see this or not.

In your headphone example, I'd say it's pretty clear that this would not be a public performance. Let's approach the problem from the other direction. If you have a store and play music over speakers in the store then this does count and stores pay licensing fees for this. What about if an employee regularly plays music with a bluetooth speaker while they're working at the cash register? This is a representative of the company playing music where customers can hear it so you could argue it still counts. What if they don't use the speaker and play the music directly over their phone's speakers? Does the quality of the speakers matter? What if instead of a store it's a government employee working somewhere like the DMV? Is the government exempt from copyright laws? What's the difference between the DMV employee and a cop? They both work for the government, doing a job where they interact with the public, and are playing music over speakers where the public around them can hear it.

At what point in that series does it stop being a public performance? Where exactly does the law draw the line? Is there even a clear line in established case law? Does that precedent vary depending on your location in the US? I would be surprised if there is relevant precedent for this example. There wouldn't normally be any incentive for anyone in the music industry to claim this type of scenario is a public performance. However, I think that changes when the police start doing this to as a way to avoid criticism.