Public domain if put on the net? If you are a professional performer, this argument won't work because action may be taken against you. It all depends on how important the authorized copyright users (recording companies, etc.) think the particular case is. Injunctions can be pretty cheap and court costs, if trial is needed, are usually paid by the loser.
Of course all of us thieves out there in greater netland, if we keep our booty in our hot little hands or quietly pass it around just between friends, are usually not worth prosecuting because the case would be difficult to prove.