Bob, I would think your argument that performers should not pay is not based on a legal foundation but rests is the reality of the circumstance.

ANY public performance of copyright material where the performer and others make money from it is subject to royalties.


The fact that it has not been done in your experience does not mean it is legally right, it is just that the copyright owner has chosen not to pursue the matter, perhaps for the very reasons you cite, ie "free publicity" or perhaps because it is not worth the trouble or because no reasonable tally mechanism exists or because any attempt at enforcement would be unenforcable or face tremendously negative PR.

So though I think you are legally wrong, I also think you are likely "practically right"


Which of course means you get your way [Linked Image]


So play on until they chase you...then hang up your shingle.

If writing ever becomes work I think I'm going to have to stop