East Lansing bar, songwriters association settle federal lawsuit over copyright infringement
GRAND RAPIDS — An East Lansing bar and the copyright owners of various songs have settled a federal lawsuit claiming the bar used the music without paying required fees.
A representative for the American Society of Composers, Authors and Publishers confirmed Friday that the lawsuit on behalf of W. Chapell Music Corp., BMG Rights Management and AF Circle C Fund against Authentic Properties, which operates Dublin Square Irish Pub & Restaurant, 327 Abbot Road, has been settled.
"We can confirm that the matter has been settled and the terms of the settlement are confidential," Cathy Nevins, assistant vice president of public relations for ASCAP, said via email.
Judge Robert Jonker of the U.S. District Court for Western Michigan entered an order of dismissal without prejudice on Jan. 3, 2024. The order states only that both parties will pay their costs and fees.
The attorney representing ASCAP, Brian Wassom of Warner Norcross and Judd in Sterling Heights, declined to comment. Authentic Properties' attorney Shawn Mach, of Klug Law Firm in Okemos, did not respond to an email seeking comment.
W. Chapell Music Corp., BMG Rights Management and AF Circle C Fund claimed in a federal lawsuit filed in October 2023 that Authentic Properties used three of their songs without paying required licensing fees in June 2023 and, in addition to a financial penalty of up to $30,000 per song, they asked the court to restrain the bar from playing their music.
The copyright owners said the "known infringement" took place on June 16 and included "Play That Funky Music," made famous by 1970s rock group Wild Cherry, "Funky Cold Medina," performed by '80s rapper Tone Loc, and "Trap Queen" by rapper Fetty Wap.
While the complaint specifically noted the June 16 performance date for the three songs, the suit said there were "many unauthorized performances."
In a statement at the time, ASCAP said it filed 12 separate lawsuits against outlets that performed music without paying fees, including Dublin Square. ASCAP's representative did not say Friday how many of the suits have been settled or are ongoing.
In the lawsuit against Dublin Square, Chapell, BMG and AF Circle said Authentic Properties, owned by Paul Vlahakis and Arnulfo Ramirez-Villanueva, obtained a license through ASCAP in 2008 to provide copyrighted music.
On April 30, 2019, Authentic Properties failed to make a required fee payment, the suit claimed, and ASCAP terminated its license for Dublin Square.
ASCAP representatives tried to make contact with the owners of the bar, the suit said, but the owners "refused all of ASCAP's offers to relicense Dublin Square."
Jackson Wagener, the senior vice president of licensing and legal affairs for ASCAP, said in October 2023, that before the group representing more than 940,000 songwriters takes legal action — "really a last resort" — it tries repeatedly to obtain compliance from venues. If that fails, he said, the group takes "the extraordinary step" of hiring an investigator to visit a venue.
The investigator takes notes on the music played, and those notes are compared to the more than 18 million works covered by ASCAP. Wagener said ASCAP chooses representative works to challenge legally.
"Performances" of music can include its use in streaming, karaoke, live bands and DJs, among other uses. Venues pay fees based on their size, how they use music (live or recorded, for instance) and, in the case of live music, the frequency of performances.
This article originally appeared on Lansing State Journal: Dublin Square, ASCAP settle lawsuit over copyright infringement
