Public performance for profit

If the rights under the copyright are infringed only by a performance where money is taken at the door, they are very imperfectly protected. ... The defendants' performances are not eleemosynary. They are part of a total for which the public pays, and the fact that the price of the whole is attributed to a particular item which those present are expected to order is not important. ... If music did not pay, it would be given up. If it pays, it pays out of the public's pocket. Whether it pays or not, the purpose of employing it is profit, and that is enough.