Confused about Public Performance

[sammytheseal10]

I live in the US

I am confused about what this rule of the Terms & Conditions really means: 

"...performing or displaying to the public, broadcasting, or making available to the public any part of the Spotify Service or the Content, or otherwise making any use of the Spotify Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Spotify Service or the Content or any part of it;..."

Would singing and dancing to the content be 'performing' to the public?

Examples w/ earbuds plugged in:

Walking down a sidewalk and dancing or singing to the beat/lyrics.

Working out at a public gym and nodding your head to the rhythm.

Mouthing the lyrics or acting out the words.

The answer is possibly obvious, but I need help!

[Ivan · Accepted solution]

Hey @sammytheseal10, 

Thanks for searching for the answer you need here! 
 

As you've seen in our Terms and Conditions, the Spotify app is intended only for personal and non-commercial use. 

This basically means that you can’t broadcast or play Spotify publicly from a business, such as bars, restaurants, schools, stores, salons, dance studios, radio stations etc.

If you want to play in a commercial environment, we recommend checking out our friends at Soundtrack Your Brand.

Hope this helps. Let us know if you have any questions. 

[RSGIULIANI]

Hi. 

So does that mean that I could obtain a mechanical license to record a cover song and upload it to Spotify because that doesn't configure "public performance"?