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Music rights group targets Indy's Ice Lounge

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by aLLENiMAGERY

Posted: Mar 24, 2008 in Nightlife, Culture, Music

Tags: Music, ASCAP, ice lounge, lawsuit

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Music rights group targets Indy's Ice Lounge Star report Posted: March 24, 2008

A group that said it represents music publishers today announced that it has filed "infringement actions" against 29 nightclubs, bars and restaurants nationwide, including Ice Ultra Lounge in Indianapolis.

In each of the cases, the business establishment has publicly performed the copyrighted musical works of a songwriter, composer and music publisher members without obtaining a license from the American Society of Composers, Authors and Publishers.

In a news release this morning, ASCAP said it "reached out to the owners of 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."

"By filing these 29 actions at the same time, ASCAP is aiming to heighten awareness among music users and the public that it is a Federal offense to perform copyrighted music without permission," said Vincent Candilora, ASCAP senior vice president of licensing, in a statement. � ... ASCAP not only has a right to collect license fees from the users of music, but it also has a responsibility to its members to ensure they are adequately compensated for their hard work.�

Those licensed by ASCAP include any establishment or business that wants to perform copyrighted music publicly.

A message was left at Ice, 235 S. Meridian St., which advertises three floors and 10,000 square feet of space. It operates Thursday, Friday and Saturday nights.

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Now by PERFORMED, are they saying "played" or had cover bands actually come in and "perform"? This is crazy... So if I have a nice evening planned with that special someone, do I need a liscence to play some romantic tunes?? and if not, what about At a house party?

Honestly, clubs benefit artists, whether they want to admit it or not. If you hear a tight song in the club, you are likely to run home and hit up itunes OR buy the CD the next day...

aLLENiMAGERY on Mar 24, '08 at 01:44 PM
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aLLEN: I don't think it matters -- live or recorded. As long as it's heard in a public place, licensing fees are required. Presumably the bands that sign up with ASCAP or BMI agree with the enforcement.

JL Kato on Mar 24, '08 at 01:49 PM
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wow... that's crazy. as an artist, i want my music to be heard WHERE EVER it can be... exposure is an amazing thing man...

aLLENiMAGERY on Mar 24, '08 at 01:55 PM
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I haven't done much research on the subject, but even I know that you can get in trouble for not obtaining the proper licensing when opening any new business venture (regardless the nature). It just seems negligent on the part of Ice Ultra and the others not to exert the time and energey (and, honestly, professional courtesy) not to obtain a license from ASCAP.

caralyn on Mar 24, '08 at 01:57 PM
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aLLENiMAGERY wrote:
wow... that's crazy. as an artist, i want my music to be heard WHERE EVER ...

aLLEN: Your stance makes sense if you're a relative unknown and need the exposure, but established artists want the money. (Most of them, anyway.)

JL Kato on Mar 24, '08 at 02:03 PM
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i suppose... this is why the entire industry sucks now. the music business is more about business and less about the music... i understand that the key to being in any business is to make money, but at what cost?

aLLENiMAGERY on Mar 24, '08 at 02:12 PM
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Hmmm...the entire industry sucks might be a bit harsh... The music business has always been about successful business on some level. I wonder how much of our attitude of entitlement to music has changed in an age where music is so pervasive that we've forgotten it was someone's hard work that got it from score paper to our ears.

caralyn on Mar 24, '08 at 03:29 PM
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I understand the logistics... however i have had the privilege of witnessing REAL music being BORN in a cypher or jam session... so i realize the toll that the business side has taken on the creative side.

aLLENiMAGERY on Mar 24, '08 at 04:14 PM
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On a local level, most of the musicians I'm priveleged to count among my friends are more business savvy than most daytimers I know. I don't know that it's such a bad thing to have to be both a musician and a business man. It certainly makes expectations more realistic. And knowing that your bottom line is affected by the quality of your music should urge musicians to work harder to turn out a quality product. Not sure what this has to do with clubs not obtaining proper licensing...but there it is.

caralyn on Mar 24, '08 at 04:33 PM
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lol yes... this has become my session to vent :) i am all for musicians grinding to take care of the business aspects, i just think that some policies aren't in the best interest of the progression of creative music.

aLLENiMAGERY on Mar 24, '08 at 05:39 PM
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if the sinking ship that is the music biz wants to sue clubs that hire bands to play billboard top 100 songs, they may as well just stop financing the recording, distribution, and promotion of any music whatsoever.

mbnjmntrb on Mar 24, '08 at 11:47 PM
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ASCAP is a protection racket. "Pay us or we'll break your legs. Figuratively." I used to book bands at a place in Muncie, and we had to pony up every week. The money just disappears into a black hole and no one could ever explain to me what it was used for. I suppose most of it goes to hire lawyers.

Drinky_McGee on Mar 25, '08 at 06:23 AM
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ASCAP for life! They pay me! I like them! Get your stuff published!

TJ_Reynolds on Mar 25, '08 at 07:46 AM
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TJ_Reynolds wrote:
ASCAP for life! They pay me! I like them! Get your stuff published!

So, YOU'RE the one. See, I didn't book cover bands in the place I worked for, but on the off chance that one of the bands we had threw in a cover or two during a set (and most do), we had to pay. Under those circumstances, it's just silly.

Drinky_McGee on Mar 25, '08 at 08:02 AM
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Here's an FAQ page from ASCAP's website answering questions about playing music in public:
ASCAP Licensing: Frequently Asked Questions

Here's an informative article about Creative Commons licenses and ASCAP's misunderstandings about them:
Commons Misunderstandings- ASCAP on Creative Commons

And here's a fairly thorough article covering a similar situation in Seattle last year: Music suit creates discord

Ben Neff on Mar 25, '08 at 10:01 AM
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Ben Neff wrote:
Here's an FAQ page from ASCAP's website answering questions about playing music in public: ASCAP ...

here is someone living in Contemporary times that doesn't care.

mbnjmntrb on Mar 25, '08 at 10:56 PM
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not to fully defend ASCAP/BMI, but they have existed nearly 100 years and represent hundreds of thousands of songwriters. this isnt some new entity trying to cash in.

landlocked on Mar 25, '08 at 11:06 PM
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Here's an update to the Ice Ultra Lounge case that appeared in today's edition of The Star:

Ice Ultra Lounge, 235 S. Meridian St., is the target of a lawsuit that alleges the upscale nightclub lacks a license to play hit songs by Ludacris, Led Zeppelin and other musicians.

The American Society of Composers, Authors and Publishers accused Ice Ultra Lounge and 28 other nightclubs, bars and restaurants of copyright infringement in U.S. District Court cases filed Monday in 22 states and the District of Columbia.

Commonly referred to as ASCAP, the society of composers, authors and publishers collects royalty fees and distributes money to songwriters.

Vincent Candilora, ASCAP's senior vice president of licensing, said the performing-rights organization contacted the owners of Ice Ultra Lounge more than 20 times, beginning in February 2005, with instructions to purchase an ASCAP license that applies to recorded and live music. The annual fee would be $6,500.

The lawsuit lists seven copyright-protected songs -- ranging from 50 Cent's "Candy Shop" to Billy Squier's "The Stroke" -- that independent investigators say they heard during visits to Ice Ultra Lounge last April and September. The suit seeks damages of $750 to $30,000 per song, plus court fees.

Candilora said litigation is "a last resort" for his organization. "(Ice Ultra Lounge) is using someone else's property," he said. "Like any other property law, you need to get permission from the person who owns that property to use it, and you have to pay them something."

Mays Chemical CEO Bill Mays, an investor in Ice Ultra Lounge, said he expects the nightclub will settle the complaint out of court, but he raised objections to ASCAP's licensing formula and the burden of paying songwriters.

ASCAP determines a license by a venue's capacity. One thousand customers is the multiplier for the three-story Ice Ultra Lounge, but Mays said it's rare for that many people to be in the club.

Noting that he's not involved in day-to-day operations of the club, Mays said he believes musicians and DJs should pay royalties to songwriters.

"We pay the DJs," he said. "We don't control what they play."

Ken Thorpe, who runs the club on a day-to-day basis, could not be reached for comment.

David Lindquist on Mar 26, '08 at 09:53 PM
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He may not control what they play, but they host the events and profit in part from the atmosphere created by that music. The DJ or musician is just an employee/contractor for the night. They shouldn't be liable for those fees any more than they are for the electricty or water used.

Sweaty_B on Mar 27, '08 at 01:50 PM
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interesting... so... the DJ's are truly the ones who benefit the most right?? They buy (or download illegally) songs, then publically play them while cashing in for about $400-600 a night. hmmm... sounds fishy.

so my new question is: since ASCAP claims to be all about getting their artists paid, will they soon become the Wedding Crashers? Knocking down cakes demanding that brand new brides and grooms owe them for songs played during the reception?? It's a valid question if we're saying that the music creates the mood........

aLLENiMAGERY on Mar 27, '08 at 02:07 PM
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I'd wager that most wedding and reception halls have their ASCAP/BMI ducks in a row (I know mine did).

Sweaty_B on Mar 27, '08 at 02:38 PM
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If you join ASCAP as an artist(or BMI or SESAC: usually clubs are members of all three), you can get the royalty checks from playing these and other venue, even if you are a nobody like me with very limited radio and club play. Check out the ASCAP Plus program (http://www.ascap.com/ascapplus/index.aspx). You could easily net at least $300 if you register(free registration) and fill out a form with details of where and when YOU play your original music. Of course, the venues have to be members of ASCAP(or they soon WILL be ;) ). Yes, $300 may not be much, but its $300 I didn't have before - and its from writing and playing original music.

And yes, from a certain standpoint, I suppose it is like joining the dark side of the force. Long live the Sith.

codajack on Mar 30, '08 at 01:07 AM
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Musicians covered

by the banner of ASCAP

Melodious thugs?

MomJara on Mar 31, '08 at 06:46 PM
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this is the dumbest argument. the people who run Ice are obviously morons and they deserve to get sued. this is not something new. every business that plays music has to pay ASCAP/BMI/SESAC. it's the law. honestly, it's not that expensive. had they done what they were supposed to do they would've paid in the neighborhood of something around $5000/year for the rights to play whatever they want ($$$ are based on fire capacity). HOWEVER, many businesses elect to use music services that offer pre-programmed music (restaurants like Chili's, TGI Friday's, etc.) for monthly fees in the neighborhood of $40/month. "We pay the DJ's..." = "I'm too stupid to know how to run a business."

and for the record, I think the whole thing is B.S. but it is the law. concert venues also have to pay into this. keep in mind, these restaurants/bars are not playing music by local artists. they're playing famous tracks.

obeythedoberman on Mar 31, '08 at 08:28 PM
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Wow...That Mom Jara

Clever With Powerful Words

Maternal Poet

Yeah...I finally made one! Do I need to put it to a beat and call ASCAP? LOL! I'm something like a local starving artist...I just don't practice my art. : )

chrystyle on Apr 09, '08 at 02:03 PM
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