Are you performing in public? You don't have to be a musician to do it.
In fact, every time your phone rings you could be contributing to a lawsuit. Don't worry, unlike the RIAA (which won a $1.92 settlement against a Minnesota Mom, who illegally downloaded 24 songs), the general public will not be the target in this latest travesty of greed in the music industry.
Regardless, set your phone back to vibrate-only mode. Who knows, it might feel better, and you can relax knowing that at least you will still have a phone after ASCAP finishes taking on AT&T and Verizon in court.
In the meantime, keep your ears open for Lo-Fi sound delivery, a repetitive 5-second clip, and a Post Office waiting line as your venue or stage, and you will have just stumbled on ASCAP's newest definition of a "Public Performance".
If it weren't enough to go after the Girl Scouts of America for singing around a campfire, they certainly have their hands in the cookie jar now.