Read the fact pattern and then answer the questions about copyright infringement.

Angelo owns a pizza parlor and he employs Gary as the chef and cook.Gary likes to listen to music while he works so he sets up his I-phone in the kitchenand plays his tunes. The music is loud enough for the customers to hear it in the restaurant, although that is not Gary's intention-he just likes his tunes! Angelo does not subscribe to the music licensing companies (ASCAP, BMI, BMG) because the fees they charge to play music in a business is so high-about $1,000.00 a year for each licensing company. (In order to legally play copyright-protected music in their businesses,businesses pay the licensing companies fees and thelicensingcompanies then pay royalties to the musical artists that are represented by each licensing company.)

1. Is Angelo guilty of copyright infringement because his customers and hear and enjoy Gary's music?

2. Would your answer be different if the music could not be heard by the customers until Angelo told Gary to, "Turn it up! The customers would like to hear the music, too"?

3. Would your answer to question 1 change if Gary only played the music loud enough for the customers to hear, when Angelo was not there?