Local bar sued over songs that bands played

A band played a diverse array of cover songs at Longshots Bar and Billiards in Cape Girardeau in February 2015. The bar had featured a band every week.

Two months later, the bar and its owner were facing a lawsuit in federal court.

Longshots was sued by Broadcast Music Inc., which holds performance rights to 8.5 million copyrighted musical compositions, and 13 other plaintiffs that own the copyrights to the music. The bar, at 2106 William St., recently paid an undisclosed settlement to BMI.

Longshots attorney Patrick Davis said BMI had a person walk into a bar and listen to what songs were played, record which ones were registered with BMI and write down the establishment's maximum occupancy.

The songs in this case included "Born To Be Wild" by Steppenwolf, "Folsom Prison Blues" by Johnny Cash, "Hard to Handle" performed by Otis Redding, "Mama Tried" by Merle Haggard, "Gunpowder and Lead" by Miranda Lambert, "Love the Way You Lie" by Eminem and "Bad Romance" by Lady Gaga.

Playing those songs without a BMI license was copyright infringement.

"BMI is not 'out to get' anyone," BMI media relations executive director Jodie Thomas wrote in an email. "In fact, we often find out that venues are performing copyrighted music because they advertise music or charge entrance fees for having music on site. We want to work with those business owners to ensure that they are protected."

Next, BMI sent letters to Longshots, according to Davis. These letters asked Longshots to stop having live performances and to acquire a license. Davis said the best course of action for a bar, restaurant or other establishment that receives a letter is to quickly respond and acquire a license. In most cases, BMI, American Society of Composers, Authors and Publishers and SESAC will work with the establishment and not sue. Davis said many letters were sent to Longshots, and it may have been as many as 40 or 50, with the last few being certified.

The reason for all of those letters was so BMI's lawyer, Eric Walter of the St. Louis firm Armstrong Teasdale, could prove willful disregard of the law, Davis said. Proving willful disregard of the law allows the plaintiff to request $150,000 in damages per song, plus legal fees, according to U.S. copyright law. Those damages cannot be discharged in bankruptcy.

"It could have been devastating," Davis said. "They could have literally chased him to the ends of the Earth."

Longshots and BMI recently settled for an undisclosed amount (there is a non-disclosure agreement in the case), but Davis said it was not a figure that would put Longshots out of business. Longshots also obtained a BMI license. Thomas said licenses start at $350 a year.

"They want to make an example out of somebody, but they don't want to put them out of business," Davis said. "They were very fair when it came down to the end."

Davis said he has worked on about 10 similar suits for establishments in the area. Copyright infringement can be pursued on any music played without a license -- recorded songs in a jukebox, karaoke and music on television all apply.

Thomas and SESAC public information officer Bill Lee said the only way a business can be safe from a lawsuit is to have licenses with BMI, ASCAP and SESAC, and those companies cover just about every song. SESAC licenses start at $240 a year, but having all three licenses becomes expensive.

bkleine@semissourian.com

(573) 388-3644

Pertinent address: 2106 William St., Cape Girardeau, Mo.