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Cover Band Destroys Restaurant
Posted by on October 10, 2006 at 7:23 PM   (printer friendly)

A performance of the Jimi Hendrix classic, "The Wind Cries Mary," may cost Michael Dorr his restaurant.

Source

Dorr, the 37-year-old owner of Imbibe on Southeast Hawthorne Boulevard, has been slapped with a federal lawsuit by companies that own the rights to a trio of popular classics that were performed at Dorr's restaurant in 2005.

The songs at the center of the suit?

Other than the Hendrix song, the music companies say Stevie Wonder's "That Girl," and a 1971 tune, "Slippin' into Darkness."

Dorr says a rep from the American Society of Musicians and Publishers paid an unannounced visit to his restaurant one night and heard covers of the songs performed by local band "Black Notes."

Because his place features local musicians and covers are rare, he didn't think he had to pay the musicians and publishers group an estimated $2,000 to cover performances of copyrighted tunes.

But the owners of the songs, including Wonder and Hendrix's estate, say he does.

Now they're suing Dorr for copyright infringement - and they're seeking payment of between $750 and $30,000 for each song, along with attorney fees.

"It's basically going to bankrupt me and put me out of business," Dorr said this morning. "I can't afford the lawyer and the fees. It's going to close me down."

The married father of two, who opened Imbibe a couple of years ago, said bands typically start playing after 10. But after Friday, the restaurant will do without live music because of the lawsuit.

"It's a total bummer," he said. "It's scary for me and my family. The restaurant business is hard and on top of other things, business is slow. This is the icing on the cake."


User Comments (These do not necessarily reflect the beliefs of this site)

InsaneWayne  
Date: October 12, 2006 @ 1:59 PM
Strange...
used to only $300 a year for an entertainment licence here in MI. For bars, for bands, for DJs... maybe it's more now... but right on the paperwork it stated the licence covered "cover tunes", public preformances, ect ect...
No playlists needed to be kept to see where the money actually goes, so Im sure artists never saw a dime.
This is another wrong of the RIAA-backed system

Every Dmusician has my permission to cover my songs live without paying me a royalty nor needing an entertainment licence to cover (but if Im at the bar ya owe me a double shot of Jack ;) ) Just mention the site dmusic.com while yer onstage.

MP3user  
Date: October 13, 2006 @ 9:57 AM
"Cover Band Destroys Restaurant"

Shoun't that be, "lawsuit destroys restaurant"? Or "ASCAP laqsuit fees may destroy restaurant"?

CopyrightLaw...  
Date: October 13, 2006 @ 10:22 PM
I've got a better title.

"COPYRIGHTLAW DESTROYS RESTAURANT"

Not to mention that the greedy bastards of Jimi Hendrix's estate should be mentioned in the subtitle. This is a perfect example of why all copyrights should terminate upon the death of the copyright holder.

gdZiemann  
Date: October 14, 2006 @ 2:47 PM
What city was this in? The "Source" link points right back here.

"No playlists needed to be kept to see where the money actually goes,"

The money goes to ASCAP. No playlists are needed because that insures that independent bands never get paid performance royalties when they do their own music.