Spokane, WA karaoke bar getting sued

[Lonman]

http://www.krem.com/topstories/stori...t.9027bf5.html
http://www.krem.com/video/featured-i...ml?nvid=205544
Supposedly for copyright infringement? Playing songs that they had no right, the bar claims they bought all their music legit.
5 songs that are targeted are
Give Me One Reason - Tracy Chapman
Toxic - Britney Spears
I Feel Lucky - Mary Chapin Carpenter
Luka - Suzanne Vega
Queen Of Hearts - Juice Newton

Sam have you anything on this, or do you know by chance if the bar was using original discs or not - it says all music was purchased legally, but doesn't state if it was computerized or anything more?

[bryant]

Originally Posted by Lonman

http://www.krem.com/topstories/stori...t.9027bf5.html
http://www.krem.com/video/featured-i...ml?nvid=205544
Supposedly for copyright infringement? Playing songs that they had no right, the bar claims they bought all their music legit.
5 songs that are targeted are
Give Me One Reason - Tracy Chapman
Toxic - Britney Spears
I Feel Lucky - Mary Chapin Carpenter
Luka - Suzanne Vega
Queen Of Hearts - Juice Newton

Sam have you anything on this, or do you know by chance if the bar was using original discs or not - it says all music was purchased legally, but doesn't state if it was computerized or anything more?

Maybe they just didn't pay their dues to the "whoever" collects them from bars?

[Lonman]

Originally Posted by bryant

Maybe they just didn't pay their dues to the "whoever" collects them from bars?

Yeah but that would publishing issues (which is probably the case), not copyright. Copyright infringement is generally having to do with copying music without permission - not playing them.

[ddouglass]

That is what it sounds like to me. He probably didn't get his licenses from BMI or ASCAP to have karaoke in his bar. This will probably end up settled out of court with him paying the license fee.

[mindonstrike]

Wow! I havn't heard of this case. I've been to the bar a few times many years ago. Used to have a KJ who was an Elvis impersonator.
I'll try to do some asking around.

Sam

[WDEWDAD7]

Hey Sam, I used to go the Studio K, and have played there when I had my band( and running karaoke). I know the owners, unless it has changed hands. They hire a KJ, so, it would seem the KJ would be the one to have some explaining to do. The last one they had there DID have a computer. But, I do not know, nor did I ask, where he got his music. If it is the same one, he also did karaoke for Scott Lanes at Hotteez, and at Casey's. This is the last I know of. Real interested in how this turns out. I still know a lot of KJs in Spokane. Plus, this may spread throughout the Northwest. I'm really curious who this guy is who came in the bar and asked about the music. Is he a "headhunter" looking for violations? Or, just someone who was upset about something. Stay in touch, Daryl.

[ddouglass]

It is not the KJ's or Band's or DJ's place to have a license from ASCAP or BMI but the establishment's owner.

[bryant]

Originally Posted by ddouglass

It is not the KJ's or Band's or DJ's place to have a license from ASCAP or BMI but the establishment's owner.

But then again, if the place did NOT have a license in place, they would be fined for that and perhaps ordered or at least warned to pay the fee; but they were fined for five songs (someone was counting and didn't find the original CD's) (license) for those five, which indicates it could have been the DJ or KJ, but around here, who do you go after, the one that is most likely to be able to pay the fine, not the guy who makes 100 dollars a week.

[mindonstrike]

Googling I found nothing but the original story and I can't get the video to load. From what I read it looks like it could go in several different directions so I wouldn't want to speculate.
I emailed a friend that does karaoke up the street from there, he socializes and visits the competition far more than I do so if anyone knows anything he will. I'm just waiting to hear back.

Sam

[George]

Sounds like the bar may have been running the Karaoke with an employee and not bringing in an outside KJ.

In that case the Bar would come under the same guidelines as a freelance KJ would. If that were the case though, then why only five songs, and not the entire portfolio, unless those were the only ones missing the original discs.

Too few details to really tell.

[ddouglass]

Originally Posted by bryant

But then again, if the place did NOT have a license in place, they would be fined for that and perhaps ordered or at least warned to pay the fee; but they were fined for five songs (someone was counting and didn't find the original CD's) (license) for those five, which indicates it could have been the DJ or KJ, but around here, who do you go after, the one that is most likely to be able to pay the fine, not the guy who makes 100 dollars a week.

First off no where in the story did it say anything about originals or copies. Why 5 songs? That may have been all of the songs sung that night that were from the people they represent. If it was BMI then they don't have as large a clientel as ASCAP.

[Lonman]

Exactly, nothing was stated that there were missing discs or even if originals or copies/hard drives were being used. It stated the bar had purchased all their music legally (giving the assumption they were running original discs - but this is only an assumption on my part). As stated by DDoug, the 5 songs played - which leads me more to believe it's a non payment to publishing houses rather than a copyright infringement - can only be fined as per played. If the rep was in that night & heard the set list for the night & these were the only songs they represent, then that's all they would be going for.

[mindonstrike]

Well I heard back from my friend and he didn't know anything more than anyone else.
I did email the reporter asking for suggestions where get more information but we'll see if she responds.

Sam

[mindonstrike]

This came from a link that Bill Marvin on JOLT posted. Thanks Bill.

Looks like a simple case of a bar owner refusing to pay ASCAP fee's.

[bryant]

Originally Posted by bryant

Maybe they just didn't pay their dues to the "whoever" collects them from bars?

Oh.

[swany]

One of them deals where somebody brings in a disc and says can you play this (and the sting is on), then the next night asks for the same song and they have it. Like as not a dummy downloads to MP3 and gets stung. I do like hoster for that feature of blowing out the track. When ever I get asked of a song and don't have it I just write it down. Get it legally as soon as possible, I do have one heck of a lot of music I've purchased in many different places but it's all on a CD. One day at an estate sale I bought a bushel basket full of CDs mostly classical and blues. I have bought out 5 DJ & KJs who were retiring that had never went PC, plus all the extras I've bought since and before. Good lord I've got a walk in closet full of 256 CD holders on six shelves including the floor 4 ft long and a bunch in my barn. I'm glad I don't own a club.