...a work publicly means to perform or display it anywhere that is open to the public or anywhere that a "substantial number of persons outside of a normal...family and its social acquaintances is gathered." Transmitting a performance or display to such a place also makes it public. It does not matter whether...

...Copyright Act states that "|t]o perform ... a work 'publicly' means — " (1) to perform or display it at a place open to the public or at any place where...to transmit or otherwise communicate a performance or display of the work to a place specified by clause ( 1) or to the public, by means of any device...

...display a work "publicly" means — (1) to perform or display it at a place open to the puboutside of a normal circle of a family and its social acquaintances...to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device...

...definition states "public performances" can occur even at places not open to the general public, if "a substantial number of persons outside of a normal circle of a family arid its social acquaintances is gathered" there. 17 USC § 101. There is thus no conflict between...