Musicians sue South Beach (Nightclub sued for playing music)

Amarillo Globe-News ^ | 3.12.03 | Jim McBride

[mhking]

Musicians sue South Beach

By JIM McBRIDE
jmcbride@amarillonet.com

Attorneys representing singer-songwriters Madonna and Lenny Kravitz are suing the owner of an Amarillo nightclub, alleging the club infringed on their federal copyrights by playing their songs without authorization.

The copyright infringement suit was filed in federal court March 4 against Scott Williams Elkins and Pickerington Bicycle Club, which operates South Beach, 2600 Linda Circle. The suit says the club is owned by Elkins.

The Globe-News was unable to reach South Beach representatives for comment on the suit Tuesday.

According to the suit, the various plaintiffs secured exclusive rights and privileges to copyrights for various songs.

The suit claims the club infringed on the plaintiffs' copyrights by giving public performances of copyrighted songs on the club premises.

The suit claims the defendants have not sought or obtained a license agreement from the plaintiffs or the American Society of Composers, Authors and Publishers, known as ASCAP, a performing rights licensing organization that the plaintiffs belong to.

Plaintiffs claim ASCAP representatives contacted the defendants and sent numerous letters informing them of their liability under federal copyright law and that the defendants have continued to perform copyrighted music without permission during business hours.

Songs named in the lawsuit include "Justify My Love," written by Madonna Ciccone and Lenny Kravitz; "Erotica," written by Madonna and Shep Pettibone; "Nasty," written by James Harris III and Terry Lewis; and "Get the Party Started," written by Linda Perry.

Plaintiffs are seeking between $750 and $30,000 in damages for each of the five counts of copyright infringement named in the suit.

The suit also asks that the club be barred and permanently restrained from publicly performing the songs named in the suit.

[mhking]

"Hold muh beer 'n watch this!" PING....

If you want on or off this list, please let me know!

[FreeTally]

I am all for respecting musicians and their copyrighted meterial, but I have never agreed with this idea that they should get these fees for "public performance" of the songs. ASCAP has people ride around all over the country going to restaurants, bars and the like looking for anyone with a stereo system without their ASCAP sticker displayed, indicating the owner has paid the extortion fee.

[MigrantOkie]

This either poorly written or a case of bad editing. I have no idea what the club actually did. What do they mean played? On a jukebox? A live band? Kareoki? Drunk cowboys singing Nasty?

[apillar]

Many people don't realize that if you open a restaurant, or any other business for that matter, and play recorded music over a sound system or even a boom box you are required to pay the ASCAP for the rights even if you own the tape/cd because you are considered to be "profiting" from the public performance of the music. According to people in the industry ASCAP is very vigilant and actually sends out agents to search for violations.

[BSunday]

"But Your Honor, we didn't think they would play our cd's when they purchased them. It's unreasonable for them to expect the right to play the cd's that they buy."

More Hollyweird (ill)Logic

[proxy_user]

"Ladies and gentlemen, the next selection will be Schubert's 'Arpeggione' sonata. This is the 1941 performance by Emmanuel Feuermann...

[riversarewet]

This is also true for music on hold (on telephones)

[FreeTally]

This either poorly written or a case of bad editing. I have no idea what the club actually did. What do they mean played? On a jukebox? A live band? Kareoki? Drunk cowboys singing Nasty?

You have to pay ASCAP a yearly fee to "publically perform" music written and performed by artists that are members of ASCAP. This means on a jukebox or stereo. Im not sure if cover bands fall into this category in every circumstance. A band playing it live is considered a "musical interpretation" as the song is typically not played exactly like it is on the record.

[B Knotts]

And singing "Happy Birthday" in a restaurant, too!

[FreeTally]

According to people in the industry ASCAP is very vigilant and actually sends out agents to search for violations.

Yep, as per my #3, I have heard the same as well. I know a guy who owns a local seafood restaurant/lounge, and some guy showed up one day and essentially said "pay me, or we will see you in court". He said its about $500 per year just to have a stereo playing.

[SamAdams76]

Many people don't realize that if you open a restaurant, or any other business for that matter, and play recorded music over a sound system or even a boom box you are required to pay the ASCAP for the rights even if you own the tape/cd because you are considered to be "profiting" from the public performance of the music. According to people in the industry ASCAP is very vigilant and actually sends out agents to search for violations.

That is correct. Many small-business owners have been terrorized by ASCAP. Mom and pop pizza parlors have been shut down over playing the radio for their customers. Even the nightclub that burned down in Rhode Island last month had pending litigation with ASCAP. Then you have the RIAA which is just as bad.

[Maigrey]

Maybe I'm missing something, but WTF?

[Lunatic Fringe]

The music industry is in a free fall, and they know it... this would never have come about if it weren't for MP3 technology. I think it's great... slowly but surely, Hollywood and music are starting to lose their financial incentive to poison the minds of our children.

[Sir_Ed]

"And singing "Happy Birthday" in a restaurant, too! "

They have this restaurant out here called Hometwon Buffet, and whenever they sing Happy Birthday to someone, they don't sign the pretty song, they sing this sorta' US Marine-chant

"I don't know but I been told,
someone here's another year old
Sound off--
Happy,
sound off--
Birthday,
To you!"

I asked them why the staff doens't sing the traditional HB, and they said it was 'casue they didn't want to have to pay royalties.

I hate their version so much, it's irtritating and grating, I wish they wouldn't even sing at all!

Ed

[Anchoragite]

I dunno... Lets think about what a nightclub would be like if it didn't have music.... Pretty boring, eh? Without music, a night club is just a bar.

So, to make the bar attractive, the owner plays music, and people come from all around to listen to the music as they drink.

Now, why exactly is the bar owner entitled to this increase in business brought about by the musicians?

If I ran a coffee shop, and people came to my business to read, would anyone have any problem with me running copies of all the latest best-sellers and providing them to my customers?

[Behind Liberal Lines]

I've noticed a lot of restaurants that use some sort of fake birthday song: "Happy Happy Birthday, we're so glad you came, to celebrate your birthday...."

Also Roger Ebert noticed you see this sometimes in movies: the use of a fake birthday song because the producers didn't want to pay royalties to use "happy birthday," or simply no singing at all.

[FreeTally]

If I ran a coffee shop, and people came to my business to read, would anyone have any problem with me running copies of all the latest best-sellers and providing them to my customers?

Bad analogy. You buy a book, you dont buy the right to copy and distribute it. I buy a CD, or turn on the radio which I have bought, I am entitled to play it. As long as I am not (directly) charging people for the performance, then there is no problem. Any profit the establishment makes from the music being played should be offset by the exposure the music gets to potential purhcasers. This isn't the same as making copies of a product and handing it out for free.

[B Knotts]

Can't leave out how ASCAP tried to force Girl Scout troops to pay royalties for singing songs around campfires.

[tdadams]

I have never agreed with this idea that they should get these fees for "public performance" of the songs.

Would the restaurants, bars, and clubs have the same atmosphere and draw the same number of patrons without the music? No, they wouldn't. The music adds value to the business. What other good or service of demonstrable value would you expect to receive for free?