There's no point in arguing this if you're going to be absurd. If toilets came under the scope of copyright law, maybe you'd have a point.
I am not arguing against what the law says. I am trying to show that the argument that "music creates an atmosphere in which the establishment profits" is bogus because there are many consumer products and raw material which create the same "atmosphere" that music does. You can take anyone and say, "see without 'x', they wouldn't profit as much".