An East Lansing bar, Dublin Square Irish Pub & Restaurant, has settled a federal lawsuit filed by copyright owners of various songs, alleging unauthorized use of music without paying required fees.
Confirmation of Settlement
Cathy Nevins, assistant vice president of public relations for the American Society of Composers, Authors, and Publishers (ASCAP), confirmed the settlement on behalf of the copyright owners – W. Chapell Music Corp., BMG Rights Management, and AF Circle C Fund. However, the specific terms of the settlement remain confidential.
Legal Proceedings and Dismissal
Judge Robert Jonker of the U.S. District Court for Western Michigan issued an order of dismissal without prejudice on January 3, 2024. The order stipulates that both parties will bear their respective costs and fees.
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Parties’ Responses
ASCAP’s attorney, Brian Wassom of Warner Norcross and Judd declined to provide further comment, while Authentic Properties’ attorney, Shawn Mach of Klug Law Firm, did not respond to requests for comment.
Allegations and Details of Infringement
The lawsuit, filed in October 2023, alleged that Dublin Square used three copyrighted songs without proper licensing fees in June 2023. The songs included “Play That Funky Music” by Wild Cherry, “Funky Cold Medina” by Tone Loc, and “Trap Queen” by Fetty Wap. While the complaint highlighted the June 16 performance date for these songs, it also noted multiple instances of unauthorized performances.
Previous Licensing and Termination
The plaintiffs claimed that Authentic Properties had obtained a license through ASCAP in 2008 for copyrighted music. However, they alleged that on April 30, 2019, Authentic Properties failed to fulfill a required fee payment, leading ASCAP to terminate the license for Dublin Square. Despite attempts by ASCAP representatives to renegotiate the license, the owners of the bar reportedly refused.
ASCAP’s Approach and Legal Action
Jackson Wagener, the senior vice president of licensing and legal affairs for ASCAP, emphasized that legal action is a last resort. Before pursuing lawsuits, ASCAP makes repeated efforts to ensure compliance from venues. If compliance cannot be achieved, ASCAP resorts to hiring investigators to assess music usage in venues.
Understanding Music Performances and Licensing
ASCAP clarifies that “performances” encompass various uses of music, including streaming, karaoke, live bands, and DJs. Venues are required to pay fees based on factors such as their size, the type of music usage (live or recorded), and the frequency of performances.
By settling the lawsuit, both parties have resolved their legal dispute, albeit with the specific terms remaining confidential.
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