(August 4, 2007) ? Rocking out to "Dirty White Boy" may end up costing the Montage Music Hall.
The Foreigner hit, co-written by Rochester-area icon Lou Gramm, is one of several songs listed as being played in the club without the permission of
the American Society of Composers, Authors and Publishers.
As a result, ASCAP has included Montage among 26 venues nationwide against which it has filed infringement actions.
Owner Patricia A. Crowley said the club had not received any notification of ASCAP's action.
Currently a heavy-metal club, Montage has struggled through several closures and changes in ownership over the past few years and is now generally
open only Friday and Saturday nights. It has announced its intention this year to change over from mosh-pit-inducing music to the folk, jazz and
lighter rock of its earlier days, but that has not yet occurred.
According to ASCAP Senior Vice President of Licensing Vincent Candilora, if the case isn't settled out of court, fines could range from $30,000 to
$150,000 per infringement.
By infringement, ASCAP means each song detected by an agent staking out the club. Among the songs listed in its case against Montage are "Jailhouse
Rock," AC/DC's "Have a Drink On Me" and Iron Maiden's "Trooper," "Run to the Hills" and "Flight of Icarus."
"It's up to the federal court," Candilora said. "Copyright infringements have statutory damages built into them, and the courts must determine if they
were willful or unwillful infringements.
"Most of these will wind up getting settled."
ASCAP's records show that it first contacted Montage, 50 Chestnut St., in October 2005. Candilora says a series of letters, telephone calls and
certified letters was followed by a personal visit. According to Candilora, that came on April 6, 2006, at which time, he said, Montage declined to
sign the license.
"We sue people as the last resort," Candilora said.
"Had they taken our license, it would have cost them $1,630 a year," he said.
In general, ASCAP's restrictions cover bands that play other performers' music and CDs played on a venue's sound system. It does not restrict juke
boxes or services such as Muzak, which have already been paid for.
ASCAP was established in 1914 and claims to represent 295,000 songwriters.
"They don't want to put anybody out of business," Candilora said. "They want to keep people in the business of using music. They just want to do it
the right way."
Venues aren't allowed to play a bands CD without paying $1,600 a year for a license ? WTF ?Murk - 8-5-2007 at 08:36 PM
it sounds like this about bands doing cover versions.DeathByForce - 8-5-2007 at 09:53 PM
nope.. venues gotta pay.
the US is getting ridiculous with their copyright laws.MyOwnWay - 8-5-2007 at 09:54 PM
Just plain stupid.Discipline - 8-6-2007 at 12:53 AM
That's fucking stupid. Bands can't cover other bands songs? Venues would have to pay to play a fucking cd? That's fucked!forsaken - 8-6-2007 at 05:22 AM
can't wait til it's like $50 to get into a club to hear someone playing CD's. pfft.crazyfists28 - 8-6-2007 at 09:57 AM
My hometown making news!!! Sweet!Murk - 8-6-2007 at 10:18 PM
Quote:
Originally posted by DeathByForce
nope.. venues gotta pay.
the US is getting ridiculous with their copyright laws.
damn, yer right. i missed this part.
Quote:
In general, ASCAP's restrictions cover bands that play other performers' music and CDs played on a venue's sound system.
but i'm confused. how does playing an Iron Maiden CD in a club/bar constitute a copy? will we be getting in trouble for loaning CDs?
