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January 24, 2005
Today, the American Society of Composers, Authors and Publishers filed 24 separate
copyright infringement actions against nightclubs, bars, and restaurants in 15
states and the District of Columbia. These establishments (listed below)
have publicly performed the copyrighted musical works of ASCAP’s songwriter,
composer and music publisher members without receiving their permission to do
so, resulting in lost income.
"Informing business owners of their obligations under Federal Copyright
Law is one of ASCAP's key roles," said Vincent Candilora, Senior Vice President
of Licensing at ASCAP. "We provide any business using music the opportunity
to receive permission through acceptance of a license covering the use of over
8 million copyrighted songs and compositions, and we make every effort to educate
business owners concerning their music licensing responsibilities. If our
good efforts are ignored, then our only recourse is legal action."
During 2004, ASCAP achieved a 100% success rate with its copyright infringement
litigation, with all concluded cases resulting in either a cash settlement
or a judgment in favor of ASCAP members. This is significant as ASCAP
represents over 200,000 member owners who, for the most part, are songwriters
and composers who rely heavily on their ASCAP royalties, as well as ASCAP's
enforcement efforts on their behalf. Over 86 cents of every dollar collected
is distributed to its members, the music creators.
According to Vince Abbatiello, ASCAP Vice President of Sales and
Director of General Licensing, “When business owners ignore their obligations
and violate Federal Copyright Law, they are actually stealing from the songwriters
and composers who created the music compositions that those businesses are
using. Individual songwriters and composers are the ultimate small
business people, working on their own with limited opportunity for sustained
success. We only take legal action when all other means of resolution
have been exhausted. But when we litigate on behalf of our members,
our success rate is always very high. Business owners who ignore the
Copyright Law in the belief that they can escape penalty should treat this
very seriously. Don't steal our members’ music.”
Establishment, City and State:
Challengers, Pelham, AL
Back Porch, Tuscalossa,
AL
Hard Dock Café,
Decatur, AL
Saddlerack,
Chandler, AZ
Josh Slocum's, Newport
Beach, CA
Joe's Café,
Branford, CT
Home Nightclub,
Washington, DC
Jade, Miami Beach,
FL
Estate (f/k/a Nocturnal),
Chicago, IL
Hundred South
Grille a/k/a 100 South Chop House, Elmhurst, IL
Le Passage/Yow Bar, Chicago,
IL
Costello's, Jamaica
Plain, MA
Buffalo Billiards,
Gaithersburg, MD
American Sports
Café, St. Paul, MN
Buffalo
Tap & Grille, Savage, MN
Soulard Ale
House, St. Louis, MO
Gilligan's, Surf
City, NC
J. Lindsay's, Columbus,
OH
Denim, Philadelphia,
PA
R.P. McMurphy's, Holmes,
PA
Wolfy's, Nashville,
TN
Happy Town Karaoke, Houston,
TX
OUI Club, Wichita
Falls, TX
Scuttlebutts Restaurant
and Bar, Lubbock, TX
About
ASCAP
Established in 1914, ASCAP
is the first and leading Performing Rights Organization
in the U.S., representing the world's largest music
repertory. ASCAP is
committed to protecting the rights of its members by
licensing and collecting royalties for the public performance
of their copyrighted works, and then distributing these
fees to the Society's members based on performances. Unlike
the other American Performing Rights Organizations,
ASCAP's Board of Directors is made up solely of writers
and publishers, elected by the membership every two
years. Every year ASCAP provides over $3
million dollars in special awards to promising music
creators whose works may be performed in venues that
may not be actively surveyed. And
the ASCAP Foundation, established in 1975 by ASCAP members,
has the mission of nurturing new talent and promoting
music education. It has assisted countless aspiring music
creators in career development and fulfillment
ASCAP
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