added clarification from james grimmelmann

diff --git a/index.html b/index.html
index 51e0e058716a084abb8bbc83379038b13cac31a2..d55eb9c1fff9d0127bbc509207fe0f7155392ad9 100644 (file)
--- a/index.html
+++ b/index.html
@@ -30,7 +30,7 @@ currently owned and actively enforced by Time Warner?</p>
 ...or among a substantial number of people who are not family or friends<br />
 You are involved in a public performance of that work?</p>
 
 ...or among a substantial number of people who are not family or friends<br />
 You are involved in a public performance of that work?</p>
 

-<p>Did you know an unauthorized public performance is a form of
+<p>Did you know an unauthorized public performance is often a form of

 <em>copyright infringement</em>?</p>
 
 </div>
 <em>copyright infringement</em>?</p>
 
 </div>


@@ -110,11 +110,20 @@ or display it 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."</p>
 
 substantial number of persons outside of a normal circle of a family
 and its social acquaintances is gathered."</p>
 

-<p>This means that if you sing <cite>Happy Birthday</cite> to your family at
-home, you're probably not committing copyright infringment. However, if you
-do it in an restaurant &mdash; and if the restaurant hasn't already worked
-out a deal with ASCAP &mdash; you may be engaging in <em>copyright
-infringement</em>.</p>
+<p>Additionally, United States Code Title 17, §110(4) states that
+singing the song among a group of people "without any direct or indirect
+commercial advantage" will not constitute infringement either. But keep
+in mind: "indirect commercial advantage" is very broad. Courts have
+found that restaurants, camps, and other venues benefit indirectly from
+performances of songs like Happy Birthday. Unless the song has been
+licensed in these situations, it's infringement.</p>
+
+
+<p>This means that if you sing <cite>Happy Birthday</cite> to your
+family at home, you're probably not committing copyright infringment.
+However, if you do it in an restaurant &mdash; and if the restaurant
+hasn't already worked out a deal with ASCAP &mdash; you may be engaging
+in <em>copyright infringement</em>.</p>

 
 <h2>How Can I Help Stop Infringement?</h2>
 
 
 <h2>How Can I Help Stop Infringement?</h2>