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ASCAP Initiates Infringement Actions Against Establishments Performing Copyrighted Music Without Permission

MusicBizAdvice.com wants you to be informed of legal developments and implications in ASCAP and BMI copyright infringement cases. This ASCAP press release appeared on Marketwire news release service.

Jul 30, 2007 10:00 ET

NEW YORK, NY--(Marketwire - July 30, 2007) - The American Society of Composers, Authors and Publishers (ASCAP) today announced that it has filed 26 separate infringement actions against nightclubs, bars and restaurants in 17 states.

In each of the cases filed today, the business establishment has publicly performed the copyrighted musical works of ASCAP's songwriter, composer and music publisher members without obtaining a license from ASCAP to do so. ASCAP reached out to each of the establishments repeatedly over a significant period of time before taking legal action. In every instance, the establishment refused to obtain a license, but continued to perform ASCAP members' music without permission, resulting in the filing of the infringement actions.

ASCAP protects the rights of its members by licensing and distributing royalties for the non-dramatic public performances of their copyrighted works. Those licensed by ASCAP include any establishment or business that wants to perform copyrighted music publicly.

"ASCAP is simultaneously filing these 26 actions to create awareness among music users and the public that it is a Federal offense to perform copyrighted music without permission," said Vincent Candilora, Senior Vice President of Licensing at ASCAP. "Taking legal action is always ASCAP's last step in a long process of contacting, informing and educating business establishments of their obligations under the Federal Copyright Law. With many of these cases, the process has been going on for over a year, so they have had plenty of time to do the right thing."

Any business using copyrighted music has the opportunity to obtain permission to do so lawfully, through acceptance of a license covering the use of over 8.5 million copyrighted songs and compositions. Nearly 90% of the license fees ASCAP collects are paid as royalties directly to songwriters, composers and music publishers. The balance covers ASCAP's operating costs, which are among the lowest in the world for a performing rights organization, and the lowest by far in the U.S.

Frequently Asked Questions about licensing can be found on ASCAP's website at http://www.ascap.com/licensing/licensingfaq.html.

The establishments listed below have performed publicly the copyrighted musical works of ASCAP's songwriter, composer and music publisher members without receiving their permission to do so, resulting in lost income for these music creators:

Establishment, City, State:

Salty Dawg II, Tucson, AZ
Foxfire Room, N. Hollywood, CA
Pelican Isle, Huntington, CA
Skylark, San Francisco, CA
Snake Pit, Denver, CO
Humphrey's East, New Haven, CT
Kashmir, West Palm Beach, FL
Tequila Willie's, Melbourne, FL
Sanctuary, Atlanta, GA
Rome Street Tavern, Carrollton, GA
O'Hare Gaslight Club, Chicago, IL
Club Paradise, Angola, IN
Registry, Crown Point, IN
Red Maple, Baltimore, MD
Holiday Inn Southfield, Southfield, MI
Razzles, Westland, MI
Janae's West, St. Louis, MO
Cody's Chinese Bistro, Raleigh, NC
Manhattan on Pearl, Nashua, NH
Fusion 215 (f/k/a Nest), New York, NY
Montage Grill, Rochester, NY
Hiro Ballroom, New York, NY
Doghouse Bar & Grill, North Royalton, OH
Nuno's Bar & Grill, Austin, TX
Oakley's, Waco, TX
Ibiza Dinner Club, Seattle, WA

About ASCAP

Established in 1914, ASCAP (American Society of Composers, Authors and Publishers) is the first and leading U.S. Performing Rights Organization representing the world's largest repertory totaling over 8.5 million copyrighted musical works of every style and genre from more than 295,000 songwriter, composer and music publisher members. ASCAP also represents the repertoires created by the international affiliates of 90 foreign performing rights organizations. ASCAP protects the rights of its members and foreign affiliates by licensing the public performances of their copyrighted works and distributing royalties based upon surveyed performances. ASCAP is the only American Performing Rights Organization owned and governed by its writer and publisher members. www.ascap.com.

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