Jelsoft
September 12th, 2003, 07:06 AM
Bar is sued over karaoke songs (http://www.indystar.com/print/articles/0/072927-1190-009.html)
The nation's largest music licensing company, on behalf of several big-name clients, is suing to stop an Indianapolis bar from playing popular songs during karaoke and live music shows.
Broadcast Music Inc., listing stars such as Dolly Parton, Sheryl Crow and Kenneth "Babyface" Edmonds, has filed a federal lawsuit against Parrotheads Bar and Grill in U.S. District Court in Indianapolis.
The suit was filed Monday and is one of only a handful of its kind in recent memory in Indianapolis. It may force some Central Indiana bars to scrap popular karaoke nights unless they pay licensing fees to the licensing company, officials said.
In the suit, BMI and its clients allege that Parrotheads violated federal copyright infringement laws by hosting karaoke and live music shows without paying licensing fees to use famous tunes such as "God Bless the USA," "Old Time Rock and Roll" and "Don't Tell My Heart," also known as "Achy Breaky Heart."
The suit lists songwriters, a trust for the late Sonny Bono and several publishing companies as plaintiffs.
It names Triple L. Inc., Parrotheads Bar and Grill and its former owner Gary S. Neumann as the defendants. Neumann owns Triple L.
The Indianapolis Star could not reach Neumann for comment. Workers at Parrotheads, located at 5522 E. Fall Creek Parkway North Drive, said he sold the bar two months ago.
BMI, based in New York City, is one of a handful of companies that licenses public performance rights. It represents authors of about 4.5 million songs.
Bars, restaurants and television and radio stations must obtain a license from the company to play many of the world's most famous recordings.
The royalties then go to the songwriters, who give BMI a cut that helps with operating costs of the nonprofit company.
An establishment such as Parrotheads would have to pay annual license fees of about $1,000, said Jerry Bailey, BMI spokesman.
"People think music is free, but it is not," Bailey said. "This is how songwriters make a living.
"These businesses are using the music to draw in people to eat and drink."
Scores of nightclubs and restaurants in Indianapolis play music without the license, said several bar owners and disc jockeys contacted Tuesday.
The suit may lead some to reconsider karaoke and live music shows, said disc jockey Justin Posav, of GTI Sounds in Noblesville.
"Everyone will be watching to see how this turns out," Posav said. "Many of them view BMI like the police."
State and federal lawmakers have eased restrictions in recent years to allow bars and eateries to play music without obtaining licensing, but there is still widespread disagreement about how the laws work, said John Livengood, executive director of the Restaurant and Hospitality Association of Indiana.
"This has been a constant source of friction," Livengood said. "A lot of them feel if they buy a CD they should have a right to play it."
BMI first warned Neumann to pay licensing fees in 1999, Barker said. Neumann since then has ignored 43 calls and 19 letters, Barker said.
In April, a BMI investigator who visited Parrotheads found the club hosting karaoke and live music, Barker said.
"We were very patient, but at a certain point we become frustrated," he said.
The nation's largest music licensing company, on behalf of several big-name clients, is suing to stop an Indianapolis bar from playing popular songs during karaoke and live music shows.
Broadcast Music Inc., listing stars such as Dolly Parton, Sheryl Crow and Kenneth "Babyface" Edmonds, has filed a federal lawsuit against Parrotheads Bar and Grill in U.S. District Court in Indianapolis.
The suit was filed Monday and is one of only a handful of its kind in recent memory in Indianapolis. It may force some Central Indiana bars to scrap popular karaoke nights unless they pay licensing fees to the licensing company, officials said.
In the suit, BMI and its clients allege that Parrotheads violated federal copyright infringement laws by hosting karaoke and live music shows without paying licensing fees to use famous tunes such as "God Bless the USA," "Old Time Rock and Roll" and "Don't Tell My Heart," also known as "Achy Breaky Heart."
The suit lists songwriters, a trust for the late Sonny Bono and several publishing companies as plaintiffs.
It names Triple L. Inc., Parrotheads Bar and Grill and its former owner Gary S. Neumann as the defendants. Neumann owns Triple L.
The Indianapolis Star could not reach Neumann for comment. Workers at Parrotheads, located at 5522 E. Fall Creek Parkway North Drive, said he sold the bar two months ago.
BMI, based in New York City, is one of a handful of companies that licenses public performance rights. It represents authors of about 4.5 million songs.
Bars, restaurants and television and radio stations must obtain a license from the company to play many of the world's most famous recordings.
The royalties then go to the songwriters, who give BMI a cut that helps with operating costs of the nonprofit company.
An establishment such as Parrotheads would have to pay annual license fees of about $1,000, said Jerry Bailey, BMI spokesman.
"People think music is free, but it is not," Bailey said. "This is how songwriters make a living.
"These businesses are using the music to draw in people to eat and drink."
Scores of nightclubs and restaurants in Indianapolis play music without the license, said several bar owners and disc jockeys contacted Tuesday.
The suit may lead some to reconsider karaoke and live music shows, said disc jockey Justin Posav, of GTI Sounds in Noblesville.
"Everyone will be watching to see how this turns out," Posav said. "Many of them view BMI like the police."
State and federal lawmakers have eased restrictions in recent years to allow bars and eateries to play music without obtaining licensing, but there is still widespread disagreement about how the laws work, said John Livengood, executive director of the Restaurant and Hospitality Association of Indiana.
"This has been a constant source of friction," Livengood said. "A lot of them feel if they buy a CD they should have a right to play it."
BMI first warned Neumann to pay licensing fees in 1999, Barker said. Neumann since then has ignored 43 calls and 19 letters, Barker said.
In April, a BMI investigator who visited Parrotheads found the club hosting karaoke and live music, Barker said.
"We were very patient, but at a certain point we become frustrated," he said.