Being In the Radio Biz Again

One of the other new people at the radio company I work for happened to mention that a client he was working with really liked one of the stations in our group - because they had it on in the store all the time as background music.

Not wanting to be a stinker, I mentioned that a business should be very careful about doing that...even "on-hold" music over the phone can subject a business to a lawsuit because it's illegal. Even the upper management who were present at the time expressed doubts about my claim.

Just a coincidence, but Drudge has this linked today...and it's a good warning to local business owners.

Music suit creates discord

Seattle Times - A Seattle restaurant is among more than two dozen venues swept up in a music-licensing crackdown for allegedly failing to pay royalties to play copyrighted music in public.

Without a special license, owners of bars, clubs and restaurants could be sued for playing any one of 8 million recorded songs, even from their own CDs.

The American Society of Composers, Authors and Publishers (ASCAP) says that equates to performing copyrighted music without permission, and the group is going after local businesses that haven't paid them for the privilege.

Regardless of however fair that sounds or doesn't sound...ears are everywhere...and a local business in Iowa is running the same risk of being subject to a lawsuit.

On Monday, ASCAP said it had filed 26 separate infringement actions against nightclubs, bars and restaurants in 17 states.

The group sued to spread the word that performing such music without permission is a federal offense, said Vincent Candilora, ASCAP senior vice president for licensing.

ASCAP says that besides broadcasting songs over the radio, television and Internet, the definition of performing copyrighted music includes playing it "any place where people gather," with the exception of small private groups.

For restaurants, that includes playing songs as background music, by a DJ and even music-on-hold over phone lines, according to ASCAP's Web site.

ASCAP is seeking up to $30,000 in damages per infringement.

You can still listen at work...as long as it isn't as it isn't intended to be for any other purpose but you're own.

Here's the list of local businesses who have been filed against according to the ASCAP website. None in Iowa...yet.

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

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