but that the person committing the infringrment profited by the performance monitarily

NOT true - at least not in the US. One of the most frequent myths about copyright infringement.

Yes, my apologies, MMario, I'm talking about Canada here. But it's not referring to simple infringement, but to successful prosecution. The infringement might be obvious, but there has to be an element of malicious intent (not the same as ignorance of the law). I'm looking around for an example of a failed case but not much is coming up ...