This is not what I said, so could you please not put words in my mouth? It's about statutory provision, not just case law. And it's not about "using" a copyrighted work to provide a service, but when the core of what's being "provided" consists in the copyrighted work being 'acted' or 'played', to paying customers (the statute itself exempts performance that does not occur for pay, nor for commercial purposes), in a way that these customers can readily perceive (but that need not in any way result in a 'copy' of the work being conveyed - copy and public performance are distinct rights under the law!)