Jackson Slide and Ride sued over copyright infringement violations for the second time; Jackson Sun, December 4, 2023

Sarah Best, Jackson Sun; Jackson Slide and Ride sued over copyright infringement violations for the second time

"How licensing works

With an ASCAP license, owners then possess the legal right to use any and all of the more than 18 million works protected by ASCAP, according to Wagener.

The necessity of an ASCAP license extends to nightclubs, bars, restaurants and any venue where music will be played. However, failure to obtain a license results in legal fines whose financial detriments can cost triple or more than the yearly fee for an ASCAP license.

In a press release on Oct. 18, it was disclosed that for average restaurants and bars, licensing fees amount to an average of less than $2 per day. Licensing fees occur yearly and are determined based on an establishment's following characteristics:

• Size/capacity (the larger the venue, the more valuable the performance is and the higher the licensing fee)
• Type of music being performed (differentiated by live music, background music, karaoke, etc)
• Occurrence of live music (distinguished by its playing three nights or less and four nights or more)"

Blue Moose in Topeka is among a dozen bars and restaurants being sued. Here's why.; The Topeka Capital-Journal, November 7, 2023

Keishera Lately , The Topeka Capital-Journal; Blue Moose in Topeka is among a dozen bars and restaurants being sued. Here's why.

"What other restaurants and bars are being filed against?

Among The Blue Moose Bar & Grill, 11 other restaurants and bars nationwide have been filed against by the ASCAP for copyright infringement.

Those restaurants and bars include Commonwealth (Las Vegas), Dublin Square (East Lansing, Michigan), Fable Lounge (Nashville, Tennessee), Hennessy Tavern (Laguna Beach, California), Liquid Joe's (Salt Lake City, Utah), Lonerider Brewery (Raleigh, North Carolina), Olympix Sports Bar (Houston, Texas), Slide & Ride 2 (Jackson, Tennesse), The Stetson Bar (San Antonio, Texas), The Tonidale Pub (Oakdale, Pennsylvania), and Xpose (Beaverton, Oregon)."

Why Wally’s Pub could pay up to $30K for playing Bad Company’s 'Feel Like Makin’ Love'; Portsmouth Herald via Seacoastonline, June 7, 2023

 Patrick Cronin, Portsmouth Herald via Seacoastonline; Why Wally’s Pub could pay up to $30K for playing Bad Company’s 'Feel Like Makin’ Love'

"A popular Hampton Beach bar and music venue is being sued for alleged copyright infringement after a cover band performed Bad Company's hit song "Feel Like Makin' Love."

The American Society of Composers, Authors and Publishers (ASCAP) filed the copyright infringement lawsuit against Wally's Pub and its owner Al Fleury this week in federal court.  It alleges the venue at 144 Ashworth Ave. continues to have "unauthorized public performance of its members’ copyrighted musical works."

The lawsuit was one of 13 filed nationwide by the nonprofit that represents more than 920,000 songwriters and music publishers.  Other establishments sued included Widow Fletcher’s in New Port Richey, Florida, and Bleachers Sports Grill in Phoenix, Arizona. 

"Each of the establishments sued today has decided to use music without compensating songwriters," said Stephanie Ruyle, ASCAP executive vice president, and head of licensing. "By filing these actions, ASCAP is standing up for songwriters whose creative work brings great value to all businesses that publicly perform their music.”"

This Inner Richmond Bar and Club Could Face A $30,000 Fine for Copyright Infringement; Eater San Francisco, February 21, 2023

 Paolo Bicchieri , Eater San Francisco; This Inner Richmond Bar and Club Could Face A $30,000 Fine for Copyright Infringement

"Neck of the Woods, a Clement Street haunt for college students and fans of lowkey shows, is being sued by the American Society of Composers, Authors and Publishers (ASCAP). That makes it one of 12 such nightclubs throughout the country the group is taking to task over allegedly not paying ASCAP licensing fees, for which fines could reach up to $30,000. Hoodline writes the fee is a relatively small payment bars throughout the country commonly pay to play songs on jukeboxes, at open mics, and at events of that nature.

A prominent bar owner in San Francisco, who chose to remain anonymous, told the outlet the fee is somewhere in the range of $1,000 a year. The San Francisco Examiner reports Neck of the Woods kept a license with the ASCAP from 2009 to 2015 but, even then, failed to pay its dues and had its license with the ASCAP terminated. The payment is compensation for musicians who are, ever more so in the digital age, often paid poorly for their talents."

ASCAP sues Peninsula bar for copyright infringement; Peninsula Daily News, February 18, 2018

Paul Gottlieb, Peninsula Daily News; ASCAP sues Peninsula bar for copyright infringement

"The lawsuit seeks damages, as outlined in the Copyright Act for infringement actions, of between $750 and $30,000 for the unlicensed, unpermitted performance of each of four songs, or $3,000 to $120,000 in total damages, along with court costs and attorney’s fees.

ASCAP alleges the songs were played on April 19, 2017, during what Wagener said were karaoke performances. A person from a private investigative firm who was at the bar documented The Dam Bar patrons singing the songs, Wagener said."

G.O.P. Candidates Are Told, Don’t Use the Verses, It’s Not Your Song; New York Times, 2/3/12

James C. McKinley, Jr., New York Times; G.O.P. Candidates Are Told, Don’t Use the Verses, It’s Not Your Song:

"Experts on copyright law said such licenses, usually bought by restaurants and other businesses that play recorded music, do protect the campaign from many copyright complaints, but a politician can still be sued under the federal trademark law for false advertising if the use of the song implies that the musician has endorsed the candidate."

GEMA Music Collection Society No Longer Will Let Kindergartens Get Away With Teaching Music For Free; TechDirt, 12/30/10

Mike Masnick, TechDirt.com; GEMA Music Collection Society No Longer Will Let Kindergartens Get Away With Teaching Music For Free:

"We've discussed a few times how the German music collection society GEMA often appears to be one of the worst of the worst when it comes to copyright maximalism."

Phone ringtones a "public performance"? EFF, AT&T say no; Ars Technica, 7/2/09

Matthew Lasar via Ars Technica; Phone ringtones a "public performance"? EFF, AT&T say no: ASCAP argues that ringtones are "public performances" of music under the Copyright Act and need to have a license. EFF, AT&T, Verizon and others tell a federal court that the idea is ridiculous; after all, you don't need a public performance license to drive around town in a convertible with the radio on:

"Needless to say, EFF et al's amicus filing calls ASCAP's arguments specious and dangerous, potentially making every consumer a copyright violator whenever they receive a mobile call on the street. Section 110(4) of the Copyright Act, EFF contends, makes it clear that a consumer does not engage in a public performance when, for example, she:

• Rolls down the window of her car while the stereo is playing;
• Sings "Happy Birthday" at a private gathering in a public park;
• Hums a tune while walking on a public sidewalk; or
• Listens to music on the radio while sitting on the beach.

"ASCAP has attempted to mollify consumers with press statements that its members would never pursue individuals for these everyday activities," EFF concludes. "But ASCAP's forbearance is hardly an adequate substitute for the absolute statutory privilege enjoyed by consumers pursuant to Section 110(4)." And even if cell phone users are never dinged for "public ringing," they'll surely pay higher prices for ringtones if ASCAP wins this case.

Similarly, CTIA takes issue with the public performance argument. "The playing of a ringtone does not involve a transmission," the trade group says, "is not at all akin to a public concert or dance, and is no more a public performance than the commonplace act of playing a CD in a car with the windows (or top) down."

So now it's up to the "rate court," aka the Southern District of New York, to sift through all these takes on "performance" and come up with a wireless fee policy for ringtones. In the meantime, savor the moment—one of the few when you'll find AT&T and these public interest groups on the same legal page."

http://arstechnica.com/tech-policy/news/2009/07/telcos-and-reform-groups-slam-ascap-on-ringtone-grab.ars

Rhode Island Pub Owner Faces Suit Over Music Copyrights, New York Times, 12/14/08

Via New York Times: Rhode Island Pub Owner Faces Suit Over Music Copyrights:

"The bar’s owner, Patrick Griffin, is being sued by the American Society of Composers, Authors and Publishers, or Ascap. The organization says the bar violated federal copyright law during the show and is seeking up to $120,000 in damages."

http://www.nytimes.com/2008/12/14/us/14pub.html?_r=1&scp=3&sq=copyright&st=cse

Dear Bands: No Matter How Much You Dislike John McCain, He Can Most Likely Use Your Song - Techdirt, 10/9/08

Dear Bands: No Matter How Much You Dislike John McCain, He Can Most Likely Use Your Song:
http://www.techdirt.com/articles/20081009/0139482501.shtml