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Cover Bands Cause Bar Owner To Be Sued!
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Charltor
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 Post Posted: Friday Feb 23, 2007 
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Quote:


Steve Lynn
Vail, CO Colorado
February 22, 2007



VAIL - Several famous musicians are suing a local business owner for copyright infringement for allowing cover bands to play their songs without permission.

Van Halen Music Company, Jimmy Page, Robert Plant, John Paul Jones and Patricia Bonham are all named as plaintiffs in a lawsuit alleging that Vail business owner Steven Kovacik allowed public performances of their songs at 8150, the lawsuit says.

Kovacik, owner of 8150, said he would not comment on the lawsuit. The lawsuit, which was filed in U.S. District Court in Colorado, names Kovacik and a company named Big Snow Ball LLC as defendants.

The plaintiffs alleged 10 counts of copyright infringement because the defendants allowed bands to play 10 copyrighted songs on Jan. 15 and 16 at 8150, the lawsuit says. The plaintiffs are suing for as little as $750 per song and as much as $30,000 per song, plus attorneys' fees, according to court documents.

Anthony Juarez, an event coordinator who represents the local band initfortim-who opened for female cover band Lez Zeppelin at 8150 on Jan. 15-said he was surprised by the lawsuit.

"Bands cover famous songs all the time," Juarez said. "We cover songs sometimes."

The lawsuit contends that the defendants allowed public performances of songs such as "Heartbreaker," "Whole Lotta Love," "Rock and Roll" and "Black Dog," written by Jimmy Page, Robert Plant and other members of Led Zeppelin; "Hot for Teacher," written by Eddie Van Halen and David Lee Roth of Van Halen; and "You Shook Me all Night" written by Angus Young, Malcolm Young members of AC/DC.

The defendants failed to obtain a license agreement from the plaintiffs or the American Society of Composers, Authors and Publishers, according to the lawsuit.

Conor Farley, a Denver attorney for the plaintiffs, did not return phone calls seeking comment Thursday night.


ASCAP NAZIS in 'da house!
I love the name of all girl Zep Tribute- LEZ ZEPPELIN Razz
In our area is this the bar owners responsibility or the bands?

DISCUSS,
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Colton
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Joined: 09 Feb 2003
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 Post Posted: Friday Feb 23, 2007 
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Looks like Van Halen, Jimmy Page, Robert Plant, John Paul Jones and Patricia Bonham can join Lars and a few other people on my "blacklist of fucktards"


Seriously, its not like the cover band said "Heres a new one we just wrote" and whipped out heartbreaker.
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lonewolf
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 Post Posted: Friday Feb 23, 2007 
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In the case of using protected material, it has always been the responsibility of the bar owner to pay off ASCAP since inception, over 90 years ago.

If a jukebox is the main form of entertainment, it is the responsibility of the jukebox owner.

Radio stations have always required ASCAP licenses.

It didn't become a cover band issue until they started commercially recording music onto disks. Since they didn't have jukeboxes yet, the ancient custom of local musicians playing live popular music was expanding beyond the realm of public domain and into the newer ASCAP protected artists.

Live cover bands are a western tradition that dates back to the medieval times with the rise of the troubadors and minstrels. The classical and romantic orchestras of the 17-1800s were live cover bands that grew in size because they wanted higher volume levels but didn't have PA systems. Don't forget the Saloon piano players! Live cover entertainment continued thru the advent of recording and electronic equipment and continued to grow until about the time of the introduction of cheap commercially available sound equipment in the 80s--PAs for DJs.

Until joining Rockpage, I had never heard anybody even question the role of cover bands, let alone put them down. Funny thing is, in this business, you ain't nobody until somebody decides to cover you.
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