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(Cleveland Scene)   Cover band caused "great and incalculable damage" according to BMI   (clevescene.com) divider line 240
    More: Fail, Medina, BMI, cover bands, performing rights, Rick Springfield, music licensing, brown eye, statutory damages  
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16566 clicks; posted to Main » on 23 Mar 2014 at 9:46 AM (31 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2014-03-23 08:32:52 AM  
Were they using 'Fat Strats' for a heavy sound?
 
2014-03-23 08:55:55 AM  
Do they have a sales tax license? Liquor? Business? Do they steal ESPN?

It ain't rocket science.
 
2014-03-23 08:56:22 AM  
DON'T PLAY FREE BIRD, MAN!
 
2014-03-23 08:58:48 AM  
 
2014-03-23 09:48:40 AM  
BMI is a lie!
 
2014-03-23 09:49:48 AM  
To a copyright lawyer, someone somewhere out there singing a song IS the end of their sad f*cking world.
 
2014-03-23 09:51:26 AM  

mutterfark: Were they using 'Fat Strats' for a heavy sound?


I was trying to think of a BMI joke and I think you nailed it, maybe.

/interesting to see one of Cleveland's free newspapers get a FARK link
/yes, we have free newspapers.  we rule.
/ironically, they did actually play free bird
 
2014-03-23 09:51:28 AM  
Fattie thread?
 
2014-03-23 09:52:48 AM  
31.media.tumblr.com
perfectlycursedlife.com
 
2014-03-23 09:53:23 AM  
No news here. If you have a bar that has music of any sort, you need to be a BMI member. They are seeking statutory damages, which means there's a standard amount of liability that's awarded so often, it doesn't even need to be documented in the lawsuit paperwork - they just cite the statute.
 
2014-03-23 09:53:49 AM  
I wish it actually did do great and incalculable damage.
 
2014-03-23 09:56:21 AM  

edmo: Do they have a sales tax license? Liquor? Business? Do they steal ESPN?

It ain't rocket science.


Right.  The reason the hundreds of other bands out there playing cover songs didn't raise concerns is because the establishments hosting them were playing by the rules.  Unless The bar is being sued for eleventy kajillion dollars or some other comically excessive amount, I don't see the problem with this.   As for the "great and incalculable damage", that's just legal-ese for "if we let them get away with it, everyone else will do the same."
 
2014-03-23 09:57:15 AM  

Relatively Obscure: I wish it actually did do great and incalculable damage.


Why?
 
2014-03-23 09:57:49 AM  
But not so incalculable as to be beyond the ability of lawyers to determine a hard figure.
 
2014-03-23 09:58:25 AM  
FTFA:

Venues where music is played - bars, restaurants, clubs, theaters, whatever - must pay a licensing fee to the licensing company or they risk facing federal lawsuits from those massive national organizations.

Don't all of those venues already know that and pay the fee? What makes this crappy bar in Cleveland such a special snowflake?
 
2014-03-23 10:00:34 AM  
Wow... I never even knew this was a thing. I wonder if its up to the band to notify the venue if they intend to play a cover when they normally to all original.
 
2014-03-23 10:00:39 AM  
If a baseball fan requests that 'Centerfield' be played at his funeral, will BMI sue the church for not having paid a licensing fee?

Fogerty wrote many fine songs, but if I never heard them again in my lifetime, I can't say I would miss them all that much.
 
2014-03-23 10:01:45 AM  
Don't judge a book just by the cover
Unless you cover just another
And blind acceptance is a sign
Of stupid fools who stand in line
Like EBMI, EBMI, EBMI...
 
2014-03-23 10:01:49 AM  
Was this the band?

www.naderlibrary.com

//hot-ish
 
2014-03-23 10:01:49 AM  

HotIgneous Intruder: But not so incalculable as to be beyond the ability of lawyers to determine a hard figure.


Nor the judge to award $1 in damages and tell them to GTFO.
 
2014-03-23 10:02:18 AM  
Turn down any gig in any bar in Medina, man. And Mecca, too.  It's a bummer.
 
2014-03-23 10:02:20 AM  
They should be punished for allowing those songs to be played, but not for this ridiculous reason.
 
2014-03-23 10:02:44 AM  

HotIgneous Intruder: But not so incalculable as to be beyond the ability of lawyers to determine a hard figure.


Never.
You now owe me a gazillion dollars.


/not a lawyer
//plays one on the internet
///sued slashies
 
2014-03-23 10:05:56 AM  

mbillips: Don't all of those venues already know that and pay the fee? What makes this crappy bar in Cleveland such a special snowflake?


This is not uncommon when someone completely alien to the industry decides to open their own restaurant. These also tend to be the same types of owners that steal tips from their servers.
 
2014-03-23 10:06:04 AM  

ThatGuyFromTheInternet: Don't judge a book just by the cover
Unless you cover just another
And blind acceptance is a sign
Of stupid fools who stand in line
Like EBMI, EBMI, EBMI...


I think this is the joke Mister Peejay was looking for.
 
2014-03-23 10:06:24 AM  

BitwiseShift: Turn down any gig in any bar in Medina, man. And Mecca, too.  It's a bummer.


The Shareef don't like it
 
2014-03-23 10:06:44 AM  
Incalculable dammage?

Okay, the defendants now owe you $0.00 USD now and forever and all those you may sue in the future can look to this judgement and owe you the same.

Ta da.
 
2014-03-23 10:07:24 AM  

mbillips: FTFA:

Venues where music is played - bars, restaurants, clubs, theaters, whatever - must pay a licensing fee to the licensing company or they risk facing federal lawsuits from those massive national organizations.

Don't all of those venues already know that and pay the fee? What makes this crappy bar in Cleveland such a special snowflake?


They didn't pay the fee I guess.
 
2014-03-23 10:07:40 AM  
Does BMI have a network of undercover moles in every bar? How do they know this happened? Any proof?
 
2014-03-23 10:08:15 AM  

Great_Milenko: Relatively Obscure: I wish it actually did do great and incalculable damage.

Why?


Because at least these lawsuits would have farking merit. As is, it's bullshiat. It's not like people are refusing to see those bands because they saw a cover band. The songs listed are mainly by non-touring or broken up bands, so you can never hear it live again. The idea that you have to pay money to play a cover song in a farking bar is retarded.
 
2014-03-23 10:08:16 AM  

MaudlinMutantMollusk: DON'T PLAY FREE BIRD, MAN!


Thats odd . Freebird hasn't been cover band material for at least 20 years now .
 
2014-03-23 10:10:13 AM  

ryano913: Does BMI have a network of undercover moles in every bar? How do they know this happened? Any proof?


call the bar and ask what's playing.
 
2014-03-23 10:10:21 AM  
Sounds like the folks running the bar took a risk and lost. I'm not going to feel sorry for them, regardless of how I feel about "big music".
 
d23 [TotalFark]
2014-03-23 10:10:33 AM  
rilm.files.wordpress.com

The bullshiat continues.
 
2014-03-23 10:11:07 AM  

Ennuipoet: Was it these guys?


I love those guys. I mean they got up there and did it LIVE!
 
2014-03-23 10:11:35 AM  

ryano913: Does BMI have a network of undercover moles in every bar? How do they know this happened? Any proof?


That's exactly what they do. I know someone who does this--go to the bar for an evening and then file a report on what music was played. The reason this bar got caught is just that they got unlucky enough for BMI to send someone there. I don't know what the basis is for deciding where to send these folks.
 
2014-03-23 10:11:49 AM  
Anyone who owns a business should know you need a license just to perform live music.  And another if you are going to be playing copyrighted songs.  One of the reasons why my bar doesn't have bands anymore.  Costs too much and rarely recuperate costs.  And too risky to get caught without licenses, especially lately in Northeast Ohio where they are trying to shut down every local music venue by exorbitant fees.
 
d23 [TotalFark]
2014-03-23 10:12:48 AM  

Great_Milenko: Right. The reason the hundreds of other bands out there playing cover songs didn't raise concerns is because the establishments hosting them were playing by the rules. Unless The bar is being sued for eleventy kajillion dollars or some other comically excessive amount, I don't see the problem with this. As for the "great and incalculable damage", that's just legal-ese for "if we let them get away with it, everyone else will do the same."


yeah.  Next... those kids playing "Stairway To Heaven" covers in their basement.
 
2014-03-23 10:13:26 AM  

TheOther: The Shareef don't like it


He thinks it's not Kosher.
 
2014-03-23 10:14:04 AM  

MFAWG: Ennuipoet: Was it these guys?

I love those guys. I mean they got up there and did it LIVE!


What's scary is the stage size for such a crappy cover band doing The Final Countdown, makes me wonder was it part of some sort of festival or were these rich kids who are so convinced of their own talent that they decided to be ostentatious?!
 
2014-03-23 10:14:14 AM  

ryano913: Does BMI have a network of undercover moles in every bar? How do they know this happened? Any proof?


Sort of. In more metropolitan areas they have moles. In the smaller areas they're more complaint-based. Usually, it's competition that sells a rival out to BMI for bands or jukebox music.
 
2014-03-23 10:14:49 AM  
The only people complaining about this lawsuit  are those who have never created anything of value.
 
2014-03-23 10:15:25 AM  

TheOther: If a baseball fan requests that 'Centerfield' be played at his funeral, will BMI sue the church for not having paid a licensing fee?

Fogerty wrote many fine songs, but if I never heard them again in my lifetime, I can't say I would miss them all that much.


Possibly.  There is a funeral home in my hometown that had allowed its license to expire for a couple months, and there were a few families that were grief-stricken that they weren't able to play "Wind Beneath My Wings" and shiat like that during the period.
 
2014-03-23 10:16:39 AM  
WTF does Body Mass Index have to do with playing music????


/mindblown!
 
2014-03-23 10:16:56 AM  

TheOther: If a baseball fan requests that 'Centerfield' be played at his funeral, will BMI sue the church for not having paid a licensing fee?

Fogerty wrote many fine songs, but if I never heard them again in my lifetime, I can't say I would miss them all that much.


There is an exemption for churches. In the law.

http://en.wikisource.org/wiki/United_States_Code/Title_17/Chapter_1/ Se ction_110 

/this hasn't stopped BMI from harassing them, though.
 
d23 [TotalFark]
2014-03-23 10:17:20 AM  

Secret Agent X23: ryano913: Does BMI have a network of undercover moles in every bar? How do they know this happened? Any proof?

That's exactly what they do. I know someone who does this--go to the bar for an evening and then file a report on what music was played. The reason this bar got caught is just that they got unlucky enough for BMI to send someone there. I don't know what the basis is for deciding where to send these folks.


For "church" venues at least, there is a recording period every 3 to 4 years where the venue has to file a report about what music they used as well.  Don't know about bars, but it wouldn't surprise me if they have to do something similar as this is how BMI decides how many pennies they are going to pay songwriters.

I suggest everyone reading this thread go read about how much other groups are actually paying songwriters.  This isn't about paying artists, this is just like 99% of everything else in U.S. society right now: it's about corporate greed and that's it.
 
2014-03-23 10:17:28 AM  
BMI, ASCAP, SECAM....can all go to hell. The tactics they use are nothing short of old-school mafia "protection" scams.
 
2014-03-23 10:17:32 AM  

DarkSoulNoHope: MFAWG: Ennuipoet: Was it these guys?

I love those guys. I mean they got up there and did it LIVE!

What's scary is the stage size for such a crappy cover band doing The Final Countdown, makes me wonder was it part of some sort of festival or were these rich kids who are so convinced of their own talent that they decided to be ostentatious?!


I've always assumed the video was a sound check (hence the lack of audience) and the event was probably some kind of local festival. I don't really know, though.
 
2014-03-23 10:17:47 AM  

DarkSoulNoHope: MFAWG: Ennuipoet: Was it these guys?

I love those guys. I mean they got up there and did it LIVE!

What's scary is the stage size for such a crappy cover band doing The Final Countdown, makes me wonder was it part of some sort of festival or were these rich kids who are so convinced of their own talent that they decided to be ostentatious?!


Looks like some kind of 'Battle of The Bands' type of deal.

I sat in with a friends band once, and I can assure I wasn't any better than any of those guys.
 
2014-03-23 10:18:16 AM  

BitwiseShift: Turn down any gig in any bar in Medina, man. And Mecca, too.  It's a bummer.


Medina in Ohio rhymes with vagina.
 
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