The last condition may not be met if the copyright owner has objected by serving written notice to the performing organization which conforms to requirements outlined in the statute. A performance by a non-profit may be recorded and the recording may be privately shared. But posting the recording on a public service such as YouTube constitutes "transmission" within the terms of the statute. The recording is "transmitted" when it is posted, whether or not anyone ever plays it. This is not a trivial consideration. Popular cell phone apps, such as Shazam, and other readily available programs make it possible to automate identification of music posted on public sites.