The owner of a copyright has the exclusive right to perform or authorize others to perform the copyrighted work. 17 U.S.C. § 106.
In order to establish a copyright infringement, the plaintiff must prove the following five elements:
(1) originality and authorship of the copyrighted works involved;
(2) compliance with the formalities of the Copyright Act;
(3) proprietary rights in the copyrighted works involved;
(4) public performance of the compositions involved; and
(5) lack of authorization for public performance.