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Restaurateur Loses Copyright Suit To BMI

Posted by samzenpus on from the pay-up dept.

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?"

14 of 389 comments (clear)

  1. Surprise! by tnk1 · · Score: 5, Insightful

    How many times do they want to get paid for the stupid music?"

    As many times as they possibly can.

    Obviously.

    1. Re:Surprise! by s.petry · · Score: 5, Insightful

      A couple sentences on a piece of paper with a signature would have sent the Thugs after the "disc jockey Disc Jockey" he hired instead of taking it himself.

      I think you should check history before making such statements. The RIAA has a history of going after who will have the money to pay, not the responsible party. Perhaps the contract would have been used for the RIAA to go after both parties, but the guy with money always gets sued. Who has money here, the DJ or the business owner? Hint: I have not seen a wealth DJ ever.

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

  2. How many times? by NoKaOi · · Score: 5, Insightful

    How many times do they want to get paid for the stupid music?

    Infinite.

    1. Re:How many times? by Lead+Butthead · · Score: 5, Funny

      For the record labels, every passing thought of the melody or lyric constitutes an infringement. The only thing that's stopping them right now is their inability to read minds.

      --
      ELOI, ELOI, LAMA SABACHTHANI!?
    2. Re:How many times? by Lawrence_Bird · · Score: 5, Interesting

      If I buy a CD and play it in my home, how many others may be in the same room listening before I need to pay a fee?
      If a company buys a CD and plays it at their place of business, who else may be in the room listening before they need to pay a fee?

      I do not know the answer buy my personal opinion is "as many as I want" unless as a business the main reason why customers are paying me is to listen to those specific songs, in that case I am re-marketing them.

    3. Re:How many times? by Anonymous Coward · · Score: 5, Insightful

      Open your windows and play it as loud as you can.

      What you do in your own home is private consumption.

      Really need to start tacking RICO act violations to the RIAA ASCAAP, BMI, etc...

      They are just thieves out to steal as much money as they can without benefiting anyone but themselves.

    4. Re:How many times? by Maxo-Texas · · Score: 5, Informative

      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.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    5. Re:How many times? by TheDarkener · · Score: 5, Insightful

      50% of BMI fees go to the songwriters

      *Which* songwriters is the real question.

      --
      It is pitch black. You are likely to be eaten by a grue.
    6. Re:How many times? by aitikin · · Score: 5, Informative
      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).

      --
      "Don't meddle in the affairs of a patent dragon, for thou art tasty and good with ketchup." ~ohcrapitssteve
  3. Re:Restautantosaur by Nethead · · Score: 5, Funny

    Gordon Ramsey?

    --
    -- I have a private email server in my basement.
  4. Re:Trifling by tompaulco · · Score: 5, Insightful

    . Stories like this one is why I will never feel bad about piracy.

    It should make you feel bad about being a pirate. By pirating music, you let the company know that you enjoy their music and are too cheap to pay for it. Instead, you should abstain from it altogether. If nobody bought it and nobody pirated it, they would get a clue.

    --
    If you are not allowed to question your government then the government has answered your question.
  5. Poor guy never answered the complaint by JonZittrain · · Score: 5, Informative
    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.

  6. Re:From the TFA by The+Rizz · · Score: 5, Insightful

    It's not like the license is all that expensive or hard to obtain or that services to pipe in music don't exist. I don't feel bad for this guy, likely all he needed to do is stop playing copyrighted stuff when he was made aware of the violation and then obtain a license as required if he needed to continue.... Or, BUY a music service for his business from somebody and let them keep up with the licenses.

    If you would RTFA, or even the summary, you'd notice that he already did that. He hired a DJ, who had already paid licensing fees to play the music.

    At issue here is that the licenses were already paid through the DJ, and BMI was demanding that they get paid again because ... well, that's the question, really ... why should he pay the licensing fees again when the music is already licensed?

  7. Re:From the TFA by Noah+Haders · · Score: 5, Interesting

    Former Restautantosaur here. These BMI/ASCAP people are thugs. They cold call random businesses, threatening potential legal penalties if you don't buy a blanket license. They basically say, 'if you don't buy a license now, one of our inspectors might come out to your shop, and if we hear any of our music playing we're gonna sue your ass.' Then they go after random people like the guy in the article 'to set an example.' Thugs, it's all extortion.