Restaurateur Loses Copyright Suit To BMI

Frosty P writes: BMI claims Amici III in Linden, New York didn't have a license when it played four tunes in its eatery one night last year, including the beloved "Bennie and the Jets" and "Brown Sugar," winning $24,000 earlier this year, and over $8,200 in attorney's fees. Giovanni Lavorato, who has been in business for 25 years, says the disc DJ brought into the eatery paid a fee to play tunes. "It's ridiculous for me to pay somebody also," he said. "This is not a nightclub. This is not a disco joint . . . How many times do they want to get paid for the stupid music?"

Comments

Poor guy never answered the complaint

[JonZittrain]

The court didn't actually weigh the case, since the restaurant never answered the complaint. That's too bad, as most restaurants *don't* owe fees thanks to the Fairness in Music Licensing Act, the result of the NRA (National Restaurant Association) beating the music licensig lobby. It says that you don't have to pay fees:

(ii) in the case of a food service or drinking establishment, either the establishment in which the communication occurs has less than 3,750 gross square feet of space (excluding space used for customer parking and for no other purpose), or the establishment in which the communication occurs has 3,750 gross square feet of space or more (excluding space used for customer parking and for no other purpose) and--

(I) if the performance is by audio means only, the performance is communicated by means of a total of not more than 6 loudspeakers, of which not more than 4 loudspeakers are located in any 1 room or adjoining outdoor space;

So most establishments have a defense. Maybe this one did. But the judge heard from only one side since the restaurant never showed up to court. Too bad.

Re:How many times?

[Maxo-Texas]

The article is unclear but it sounds like the DJ pays a fee to pay the music.

One would logically assume that fee would cover the restaurant who pays the DJ to provide music.

Why should the DJ pay a fee to play the music in a public place AND the restaurant pay a fee when the DJ plays the music in their restaurant. One or the other fee should cover the song.

It would be like paying for the meal- then paying a fee for having the meal on a plate- then paying a fee for having the meal on a table- and then paying an extra fee if the meal is eaten with wine instead of a soda.

If the DJ pays a fee, that should cover all music the DJ plays. The restaurant wouldn't logically have to pay another fee.

Re:How many times?

[aitikin]

Unfortunately it's the responsibility of the venue to clear those licenses, not the DJ or other musicians. As ASCAP points out on their FAQS:

Some people mistakenly assume that musicians and entertainers must obtain licenses to perform copyrighted music or that businesses where music is performed can shift their responsibility to musicians or entertainers. The law says all who participate in, or are responsible for, performances of music are legally responsible. Since it is the business owner who obtains the ultimate benefit from the performance, it is the business owner who obtains the license. Music license fees are one of the many costs of doing business.

it's not the musicians, it's the business. Same reason (or should be, but often isn't) business owners charge a cover when music is being played in the venue (although, often times said cover is also paid to the musicians themselves).

Re: How many times?

[cpt kangarooski]

ASCAP, BMI, and SESAC are the three main performing rights organizations in the US. All of them represent the holders of the music copyrights (e.g. songwriters), not the sound recordings made by artists.