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Fresno Restaurant Sued For Playing AC/DC Songs Without Paying Royalty Fees
- May 30, 2006
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According to The Associated Press, a music company that owns the rights to the music of the Australian hard rockers AC/DC is named as plaintiffs in a lawsuit against a second Fresno restaurant for allegedly playing songs copyrighted by famous musicians without paying royalty fees.
Ernesto Vera, owner of Club Fred, was sued by the three surviving members of THE DOORS and the parents of the late Jim Morrison for having four of the famed rock band's tunes on its jukebox without permission.
Richard Reimer, a lawyer for the American Society of Composers, Authors and Publishers, said Vera ignored letters and other efforts to settle the matter. The club could play the music legally by paying a fee of less than $1,500, while the lawsuit seeks between $750 and $30,000 for each song played without authorization.
Earlier this year, the society sued Porky's, a Fresno rib house, for allegedly playing licensed songs written by VAN MORRISON, DWIGHT YOAKAM, HANK WILLIAMS JR. and others.
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COMMENT | No shit...
posted by :
5/30/2006 11:10:17 AM
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That's actually a pretty scary possibility, AHCaJ. Where the fuck is my country? Anyone?...my country?
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COMMENT |
posted by :
5/30/2006 11:10:21 AM
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better sue the fuck out of hot topic then!
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COMMENT | This is news?
posted by :
5/30/2006 11:10:25 AM
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Some cheap restaurant owner doesn't want to pay the licensing fees and we're supposed to care about it why?
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COMMENT |
posted by :
5/30/2006 11:10:46 AM
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better sue the fuck out of hot topic then!
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COMMENT |
posted by : Rich376
5/30/2006 11:21:55 AM
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This is what Lawyers have done to this country!!!
What's next??
You can't play music on your radio out in public unless you play royalties?
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COMMENT |
posted by : Blood on Ice
5/30/2006 11:23:34 AM
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Why would they sue Hot Topic?
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COMMENT | This is ridiculous
posted by :
5/30/2006 11:36:58 AM
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Do radio stations pay licensing fees to play the music? I thought it was all free advertising for the bands which help further facilitate sales.
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COMMENT |
posted by :
5/30/2006 11:58:24 AM
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restaurants play music all the time, who has rights and why would ya need em? if ya drive down the road with yur music loud can ya get sued?
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COMMENT | Fucking R.I.A.A.
posted by :
5/30/2006 12:06:15 PM
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What we have here is a classic case of the R.I.A.A. fucking with the public. YES! You can get sued for playing licenced music without a licence. For example, if you're throwing you kid a birthday party outside or say, having a yard sale, you get the point, and you have music playing in the background on the chance that someone from the R.I.A.A. (Recording Industry Association of America) hears it. They'll slap a fine on your ass so quick you won't know what hit you. Its a fucking shame that even in these days you can purchase music but it has to be listened to in private. Prohibition anyone? Got to www.riaa.com just to see that these fuckers mean buisness. That goes for podcasters as well. Be careful what you play on your shows. Even if a band on a major label gives you permission to play their tunes. Make sure you have WRITTEN PERMISSION FROM THE MUSIC LABEL ITSELF before you "podcast' it to the public. Just looking out for you all....
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COMMENT | 1 more thing..
posted by :
5/30/2006 12:11:33 PM
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I know it says it in the above article, but the other industry, in this case the one I was actually speaking of is called the American Society of Composers, Authors and Publishers. THESE are the guys that actually make sure that the artist, record companies, etc make every penny thay can by sueing the little man. The R.I.A.A. is more for broadcasters, poscasters, etc. Sorry about the misinformation.
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COMMENT | i say
posted by : homesick
5/30/2006 12:29:25 PM
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fuck them...thats bullshit
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COMMENT | I PLAY GORGORTH AT ALL MY GARAGE SALES & I'm YET TO GET
posted by :
5/30/2006 12:36:28 PM
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SUED!
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COMMENT | I PLAY GORGORTH AT ALL MY GARAGE SALES & I'm YET TO GET
posted by :
5/30/2006 12:36:29 PM
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SUED!
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COMMENT | AC/DC
posted by : RiotAct666
5/30/2006 12:40:15 PM
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The greatest band ever!
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COMMENT | AC/DC
posted by : RiotAct666
5/30/2006 12:41:31 PM
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The greatest band ever!
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COMMENT | ^^^SORRY^^^
posted by : RiotAct666
5/30/2006 12:42:15 PM
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For the double post.
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COMMENT |
posted by :
5/30/2006 12:43:32 PM
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I love people getting in a uproar when they have no clue what they'e talking about. Your backyard BBQ is a private performance. Well, unless you're charging admission and have turned it into a business.
Anyway, here's a short read for anyone who wants to know how this actually works: http://www.boylanbrown.com/full_article.php?ID=32. If you'd rather scream bloody murder out of ignorance, please continue - it's The Blabbermouthian Way.
BTW, Hot Topic won't get sued because likely know how to run a business and actually pay for their license. I don't know why these Fresno places think they're different from every other business in America. And yes, there are royalties for music over the radio.
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COMMENT | Radio stations pay ASCAP royalties
posted by :
5/30/2006 12:44:40 PM
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Do radio stations pay licensing fees to play the music? I thought it was all free advertising for the bands which help further facilitate sales.
Yep. Radio stations pay royalties to ASCAP for the right to play music over what the government considers to be public airwaves. It's not a big deal to radio stations but I really doubt the artists see too mucb of that money.
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COMMENT | thats actually NOT stupid
posted by : death>your favorite band
5/30/2006 12:55:38 PM
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they should have to pay, the music is in a jukebox, which requires money being put in the fucking machine. the resteraunt most likey keeps the money they get from that thing... they should give some of it up... but not so much, its just a song.
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COMMENT | Here's a Solution!!!!!
posted by : Rich376
5/30/2006 1:51:53 PM
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The restaurant should just tell the vending company that supplied them the jukebox to come and take it back.
Then, The restaurant owner should just go out and buy 500 disc CD changer and hook it up to speakers spread out all over the restaurant. Stock the CD changer full of CD's and put it on shuffle.
There 'Ya Go!!
He's no longer charging people to hear music in the jukebox.
The owner and employees are just listening to their personal CD's while they work.
FUCK THE RIAA!!!!!!
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COMMENT | The RIAA and the DMCA bill nearly ruined internet radio
posted by :
5/30/2006 2:09:43 PM
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lemonking speaks the truth.
FM radio does not need to pay RIAA dues,
private (clubs,bars,restaraunts) have to
pay $1500 a year just for a shitty jukebox
or a deejay.
For internet stations, the same standard is
held unless there is a terrestrial station
affiliation which is simulcasted.
The DMCA (digital millenium copyright act)
ruled in the favor of RIAA about five years
ago which shut down a lot of internet radio
stations.
I'm not sure how this impacts satellite radio
like sirius, etc...
But I remember writing my
congressman to vote against the RIAA suit.
Record companies just missed the opportunity
that itunes is delivering, itunes could have made
them tons of money.
Any bar that has to pay $1500 a year should
have one of those cool jukes that can download
any song off the net (for $1 a song). Otherwise,
people are going to get sick of the same old shit
on the jukebox...
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COMMENT | ...
posted by : mrfolger
5/30/2006 2:20:19 PM
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"Do radio stations pay licensing fees to play the music? I thought it was all free advertising for the bands which help further facilitate sales."
Don't know about radio stations, but restaurants pay one fee, once per year, that covers anybody they play, be it AC/DC, Tina Turner, whoever... I worked for Pizza Hut long ago, and when the company was late paying the fee, there were orders to remove all of the jukeboxes from all of the stores. Then the company coughed up the money. But yeah, restaurants DO pay a fee, and once that fee is paid, no, a band can NOT go in and sue them.
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COMMENT |
posted by :
5/30/2006 3:02:17 PM
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CRAP!!!
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COMMENT |
posted by :
5/30/2006 3:39:26 PM
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Rich, your "500 disc CD changer" would be great, if charging for the jukebox had anything to do with it. But it doesn't. It's about whether or not you're publicly "performing" music in your business. Your idea is exactly as illegal as what the Fresno places are doing.
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COMMENT |
posted by :
5/30/2006 4:00:40 PM
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Radio works the same way. The station I work at pays one fee a year, and it covers everything under the BMI/ASCAP umbrella, which is... well, pretty much everything.
However, you cannot use them in a commercial for the station or any other product without express written permission by the author or artist (or, in some cases, both).
Hope that helps.
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COMMENT |
posted by : Blood on Ice
5/30/2006 5:00:59 PM
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The RIAA is responsible for suing people for downloading even though they don't acutally own the copyrights. They are also more or less paying Congress to pass laws that help them restrict our music and make more money.
Go to www.boycott-riaa.com and www.boycottriaa.com and read about some of the bullshit the music industry is doing. (the sites are basically the same but one has a different layout and news archives).
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COMMENT |
posted by : rubthebuddha
5/30/2006 5:45:05 PM
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Here's a solution. Stop playing shitty music from the Doors and you won't get sued by the stupid ass Doors.
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COMMENT |
posted by : edrpz
5/30/2006 8:54:31 PM
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I guess that I need to pay each time that I sing in my car or at work. Have you noticed that the only bands that ever sue are those that thve made millilns of $?
Yes I think bands should get the money coming to them for the music they made, but to sue a club or someone who downloads a song is just greedy. How about we sue some of these bands for the crappy cd's that they put out when they want a quick buck. I don't know about some of you out there, but I an tired of paying $15 and up for one or two good songs and 10 shitty ones.
I say bands can only sue it all the songs are worth lising to on there cd's
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COMMENT |
posted by :
5/30/2006 9:05:52 PM
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FYI, for those who can't read, this thread has nothing to do with downloading. It has NOTHING to do with you playing your music privately.
The licensing system has been in place for clubs/restaurants/etc for a LONG time. Every reputable business pays a small yearly fee in order to be able to play all the music that they want. Then the licensing company distributes the fees to the artists. This is a win-win for everyone. Occasional they need to sue the theives in order to keep everyone else on the straignt and narrow. How is that greedy?
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COMMENT | what the fuck?
posted by :
5/30/2006 9:37:25 PM
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that's what a jukebox is for playing music that's like trying to sue a driver for having his/her window down and music coming out so others can hear it what they going to do sue them as well, it's not like Jim Morrison can spend the fucking money and AC/DC probably know nowt about this either it's just some asshole sitting behind a desk lining their pockets
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COMMENT | Well...
posted by :
5/30/2006 10:03:56 PM
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Not that I have anything against AC/DC, but let's face it -- poor Brian can barely sing the songs himself anymore, so I guess he's gonna need that $100 to pay for his physical therapy.
As for the Doors, who aren't they suing?? It's like a hobby at this point.
Fresno's can just dip into their pockets and pay the frickin' fees with loose change. Whoopie do.
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COMMENT |
posted by :
5/30/2006 10:19:17 PM
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Damn. And the terrible analogies just keep on coming (no, it's not anything like suing a driver). I love how obvious it is that people read the story and then give their comment, without looking at any previous comments.
Here's an idea, try taking an actual look at the law before you open your mouth about it. An informed opinion can be powerful. The ignornant ones....not so much.
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