Judge rules bar broke copyright laws with karaoke night

Information from: Connecticut Post, http://www.connpost.com
(AP)

FAIRFIELD, Conn. -- A popular karaoke night at the Bear and Grill restaurant drew more than crooning patrons a few years ago.

It also landed the owners in federal court over a copyright infringement lawsuit. An investigator from Broadcast Music Inc. was in the audience the night of Oct. 28, 2003 and took notes while amateurs took turns with their renditions of "Margaritaville," "Mustang Sally" and more.

His notes and the bar's lack of a license with BMI led to a federal judge's ruling Monday that the establishment was liable for violating copyright laws.

U.S. District Judge Janet C. Hall in Bridgeport must now determine at an April 28 hearing how much bar owners Pasquale Santangeli and his son, Patsy, must pay BMI. If the company gets what it's asking for, they Santangelis are looking at a nearly $40,000 fine. BMI wants $3,000 for each of the 12 infringements.

Eleven violations occurred during karaoke night, while the 12th was for a live band performance in 2004.

"Most people don't have a clue this law exits," said Anthony Musto, the Santangelis' attorney. "The lesson to be learned is: if you own a bar, restaurant or any business where you play music, offer live performances or have a television or radio, you need to contact BMI and ASCAP. If you don't, you risk the chance of getting sued."

ASCAP is the American Society of Composers, Authors and Publishers, which licenses none-live performances, like records playing in a jukebox.

The owners offered an affidavit from a patron who claimed he was in the restaurant on karaoke night and played the songs on the bar's licensed jukebox. But the judge, instead, sided with the investigator's report.

Musto said his clients did not deliberately set out to violate intellectual property rights.

Pasquale Santangeli said he has an ASCAP license for which he pays $700 a year. He admits he does not have a BMI license, which would cost about $2,000 a year.

"Unless I get one, there won't be any live music," Pasquale Santangeli said.

BMI attorney John C. Linderman said letters, some requiring a signature, were sent to the bar, before the suit was filed. But Musto said the owners considered the letters unsolicited offers, which they routinely discard as junk mail.

BMI and ASCAP are leeches.

On the subject about proper payment issues, George Z. once wrote:
"I'm betting Sony still has millions of dollars belonging to the Bay City Rollers, and EMI is still on track to only pay about 5% of what they skimmed in royalties from the Beatles.

The RIAA is protecting integrity like FEMA is fixing New Orleans."

And in a recent article to Boycott-RIAA, George mentioned some past improper relationships of both BMI and ASCAP with the major labels. Thus, there's no way any of them have their hands clean at all.
But they surely do want to squeeze blood out of turnips, slapping lawsuits against individuals and small businesses, don't they?
Disgusting hypocrites!

Does anyone know where those comments are that George posted regarding past impropriety of BMI and ASCAP (especially in connection with the major labels)? They were in response to a question someone had asked about why we considered them "bad".
TIA.

In many municipalities/counties across the USA, ASCAP/BMI licences are automatically built into the business license. (Or entertainment permit.)

I'm hoping George will drop by and comment on some of his battles with ASCAP/BMI over his own music club/bar venue/establishment that he threw a lot of his own money into (away?) a few years ago up in Iowa. He was being forced to pay ASCAP/BMI even though NO ASCAP/BMI music was to be performed. (If I remember correctly, it was going to be ALL INDIE entertainment ...and/or only songs performed by the songwriters/bands themselves if they happened to be ASCAP/BMI affiliated.)

...but even so, they STILL demanded that his venue pay for the ASCAP/BMI licenses.

(Is that correct George?)

I myself am not totally against the intended purpose of performing rights organizations (PRO's) like ASCAP and BMI. (I even happen to be an ASCAP songwriter member myself.)

I am against the sad fact that ASCAP/BMI/SESAC and the like tend to only give a damn about the "big names" on their roster. The PRO's are overly influenced, dominated, and corrupted by the RIAA's "mega-stars" and (more-so) by the larger music publishing companies.

However, In the news article/item above, it does appear that the club may have been breaking the rules ...and BMI technically MAY be in the "right" in this instance from a legal standpoint. (But they DID have an ASCAP license apparently...)

"BMI and ASCAP are leeches."

I would (IMHO) ammend that statement to read:

"BMI and ASCAP are the tools of leeches."

...for the sake of "accuracy"

Well said.
Performing rights organizations have their place. You're right about the bar being in violation of the PRO's law. I just get angry when they overstep their bounds or act unfairly, as in George's case and others. Then the impulse is to discredit their methods/motives and call them names.

My gosh, they make enough moola with the music media, radio stations, juke boxes, performance fees & licenses, and heaven knows what all, but they're never satisfied.
I'm surprised I haven't been cited for failure to have a license to hum or whistle a song from one of their members. Shame on me!

"I'm surprised I haven't been cited for failure to have a license to hum or whistle a song from one of their members"

Please submit a list of songs you have humed or whistled from age 5 on, along with a fee of $750.00 US for each song, to the RIAA within 7 days. Or Else!!

They're arrogant tools of leeches.

"Please submit a list of songs you have hummed or whistled from age 5 on, along with a fee of $750.00 US for each song, to the RIAA within 7 days."

That was good!

Failure to do so may invoke the infringement provisions of article whatever, subsection blah, blah, blah . . .
subject to the jurisdictional something-or-other . . .
(In other words, they'll haul my ass into court and go for the max of $150,000 per violation?)

Well, all I can say is that if the bar was selling drinks, charging a cover-charge, and/or otherwise making money off of "Kareoke Night" (chalked full of BMI tunes) ...then BMI probably DID have a "beef" since the bar apparently wasn't BMI licensed.

...but I agree that even so, this seems to be a VERY petty instance on the face of it all.

BMI at the MOST should simply let the matter drop (with say, a $50 fine and requirement that the bar STOP operating commercially if/whenever BMI tunes are being featured as entertainment UNLESS a license is arranged prior.)

==========

But, then again, I have never been to the "Bear and Grill" and don't know the scene. Is it just a small hometown bar that thought it would be cool to give its' dedicated patrons a night of fun with the kareoke machine, or is it a multi-million dollar business making its' money off of the backs of hundreds of thousands of kareoke/American Idol wannabe's each month/year while thumbing its' nose at the songwriters/publishers of the tunes?

If BMI makes the "wrong call" in answering that question ...BMI deserves any backlash garnered (and more.)

===========

I mean, sh*t. It LOOKS like they are picking on a hometown bar owned by folks who didn't exactly understand the overly complex rules.

(The industry always seems to unfairly tend to beating up on the "small guy" in order to make their "points" about things ...all the while ignoring the TRUE aggregious offenders.)

"Please submit a list of songs you have humed or whistled from age 5 on, along with a fee of $750.00 US for each song, to the RIAA within 7 days. Or Else!!"

(...folks, the way things are going, that kinda statement actually will NOT simply be sarcastic "back-talk" if we are not careful.)

Jeez....This stuff makes me sick.. I just can't believe how aggressive they are being with this. I just wish the mainstream media would pick up these types of stories so the general public would see some of the stuff the labels are trying to get away with...AHHH!!! MAY THEY ALL BURN IN HELL!!

Sorry for being so late. Didn't hear myself being called.

First of all, go read my story about radio, ASCAP, BMI and Thomas Edison, because that's all part of this.

I wrote a letter to Marilyn Bergman, which was passed on to some other honcho, who deserves to be nameless and has now been relieved of his position. Said Honcho wrote back to me and described how ASCAP and NARAS (the Grammy people) had just met with the RIAA and how both organizations had expressed their displeasure with and distate for the idea of suing people. This was when the RIAA had sued less than 30 people.

Then the USA Today carried a full page ad to music fans telling them that they better get a lawyer. It was endorsed by, among others, ASCAP and NARAS.

I am an ASCAP member, both songwriter and publisher. In fact, I had just received my publisher membership.

They lied to me. I have never bothered to register a single song with ASCAP and never will.

As for BMI, the top story goes to Pete Townshend, who recalls one year having to pay more for the right to play his own songs on a tour with The Who than he received back in royalties at the end of the year. The explanation had something to do with increasing Nashville's share that particular year.

ASCAP and BMI never actually even tried to collect money from me at the Iowa club. It was a non-issue.

"ASCAP and BMI never actually even tried to collect money from me at the Iowa club. It was a non-issue."

...therefore, it was an issue "built-in" as part of the entertainment/business license???

(Or is my brain just muddy? That was a couple of years ago, my memory might be suspect in that regard.)

Nevermind it all tho if you don't wanta talk about it anymore. (I do remember it was a painful experience for you, regardless of the details-pertinent that I remember.)

Don't sing in you shower! If the BMI hear you you make get sued!

Or sing in your shower and blowup their head if they bother you!

I preffer the later.

BMI /ASCAP something that started out for the good of recording artists has now gone very wrong!!!

True.

They've been unfair if not downright disgusting.

" it was an issue "built-in" as part of the entertainment/business license???"

It would have come up sooner or later, if I wasn't such an abject failure at running a business. I certainly would have argued with them, considering I turned into a raving lunatic there.

"Date: March 22, 2006 @ 11:50 AM
Jeez....This stuff makes me sick.. I just can't believe how aggressive they are being with this. I just wish the mainstream media would pick up these types of stories so the general public would see some of the stuff the labels are trying to get away with...AHHH!!! MAY THEY ALL BURN IN HELL!! "

if only they wood...mainstream media is too highly regulated...and too highly "paid" to have a story that damaging for a coorporation such as BMI

analoghole - LOL! Great link! That is so freaking insane but hilarious! So what about all of the restaurants that sing happy b-day on your b-day should all be sued?

MajorTreat,

Would you please learn to use english? your posts are difficult to read.. thanks

Well, I remember this. I remember the lawyer representing BMI going on TV and flat out saying:

"People have got to understand that music isn't free and it never should be."

Now, I do believe there should be a hefty penalty for allowing the tone deaf of the world to butcher a song, lol.

Seriously, though, we're moving closer and closer to the point where if there's two people in a car listening to a song, then the RIAA will consider it a "public performance" and demand $3000 for each song heard.

Knock it off RaidHHI. I know you and MajorTreat don't like each other (and I had to scold him for dissing you in another thread)

...but folks, take your garbage outside and put it in the can and remember to wipe your feet at the door before entering. Please don't leave our house a mess.

Independent,

"Knock it off RaidHHI. I know you and MajorTreat don't like each other (and I had to scold him for dissing you in another thread)"

it really isn't that I don't like him per say, I just wish for once in his tired pathetic and otherwise dull teenage existance for him to backup what he claims. He's *never* been able to do this... It's hard to respect anyone who talks shit.

Then don't even bother to respond when anyone acts that way.

Poop is poop (no matter who pooped) ...if you bend over to pick it up, it's gonna stink, and it will get sticky on your hands.