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For the bar owner, or even an owner of a skating rink, most likely you’ll need three (3) different licenses. Which one? The easy answer is that it depends. A photographer with music on her website would need a license.

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So, what does a bar owner need to do if they want to have live music? Any business owner that plays or allows for music to be played publicly, will need the proper music license in order to be compliant with the copyright law. Taken to the extreme, if a bar or restaurant was playing CDs or music in the background, they may need not just a BMI license for the songwriter, but if the song was written by Bob Dylan (publishes with SESAC) but sung by someone from ASCAP, a BMI license wouldn’t help them. (From page 32 of the PDF.)īMI is also asking for an injunction to prevent 69 Taps in Medina from playing more live music. However, reading through the files, BMI began sending communication regarding the restaurant’s lack of proper licensing back in September of 2009, but it wasn’t until May of 2010 – eight months later – that BMI even bothered to visit Fosters to verify that the business was actually playing unlicensed music. BMI says Fosters ignored its requests to get a license to play music. In the Foster’s case, Broadcast Music Incorporated sued Fosters and claimed in court documents that it called the restaurant 56 times and mailed 29 letters. for “illegally playing” four unlicensed songs.

The Court ordered the restaurant owner to to pay BMI $30,450. Cameron Hospitality, Inc, d/b/a Foster’s. In 2011, BMI filed another suit called BMI v. There are ASCAP, and SESAC as well, as not all songwriters have signed on with BMI.īMI’s heavy handed tactics are nothing new. It could even get worse, as there are more licensing agencies that could come out and pile on.

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The lawsuit alleges willful copyright infringement for each work, which could be up to $150,000 for each work infringed, plus costs and attorney fees.

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READ THE FULL SONG LIST and who will actually benefit Note that the “license holders’ are not the same as the writers, so this suit may not benefit the musician at all. There may have been more, but apparently BMI only has agreements with the license holders of these ten songs which BMI alleges were played in the single performance:ġ: “Bad Moon Rising” written by John FogertyĢ: “Brown Eyed Girl” written by Van Morrisonģ: “Every Rose Has Its Thorn” written by members of PoisonĤ: “Fortunate Son “ written by John Fogertyĥ: “Free Bird” written by Allen Collins and Ronnie Van ZantĦ: “Jessie’s Girl” written by by Rick SpringfieldĨ: “Some Kind of Wonderful” written by John Ellisonĩ: “Talk Dirty To Me” written by members of Poisonġ0: “You Really Got Me” written by Ray Davies The suit lists Ten (10) songs that the band performed.

While the band is not named in the lawsuit, it is believed that the band is Alter Ego, whose performance last August at 69 Taps in Medina prompted the suit, which could yield damages of up to $1.5 million. OnStage has just received a copy of a lawsuit against “69 Taps in Medina”, a Cleveland Bar, filed by Broadcast Music, Inc, known as BMI, which licenses music on behalf of musicians to ensure that musicians get paid.

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