Finally, a copyright owner has the exclusive right, “in the case of . . . musical . . . works, to perform the copyrighted work publicly.” 17 U. S. C. § 106(4). Public performance includes transmission to the public regardless of “whether the members of the public . . . receive it in the same place or in separate places and at the same time or at different times.” Id. § 101. Accordingly, audio streams are performances because a “stream is an electronic transmission that renders the musical work audible as it is received by the client-computer’s temporary memory. This transmission, like a television or radio broadcast, is a performance because there is a playing of the song that is perceived simultaneously with the transmission.” United States v. Am. Soc. Of Composers, Authors, & Publishers,