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Miami, FL Law Blog for Entertainment Law, Business Law, and Public Interest

Friday, December 30, 2011

Copyright infringement lawsuit faced by Ellenton Evie's

By Pankaj Ladhar of Manos • Alwine P.L.

A federal lawsuit for copyright infringement by a music rights organization was filed against an Ellenton tavern and its owner.

Evie's Tavern and its owner had a lawsuit filed against them in the Middle District of Florida on Sept. 9 by Broadcast Music Inc. Court records report that the owner's business faces six claims within the lawsuit, all of which are songs, because he and his business did not obtain proper licensing nor did they pay royalties. The 13 owners of the songs' copyrights also filed lawsuits against the tavern and its owner. All the songs were played at the Evie's Tavern included "Bring Me to Life," "You Dropped a Bomb on Me," and "Pretty Woman."

Sarasota is home to three other Evie's Tavern locations. The claims within the lawsuit are based upon the fact that the defendants did not receive authorization to publicly perform musical compositions found within the BMI repertoire.

Found within the lawsuit are claims staring that the Ellenton tavern owner and the business itself have caused damages that are unable to be calculated. The tavern's owner reports how ridiculous he believes this is because the music in the tavern's jukebox is paid for by him. He further states that he pays bills for DirecTV and XM Satellite, as well.

After spending around $5,000 in legal fees, the tavern owner reports that BMI has never personally spoken to him regarding any of these matters.

The tavern owner's attorney filed a motion to dismiss the case on Oct. 18. On Nov. 30, the motion was denied. The tavern owner concludes his public commentary by remarking about how he and his business have responded to all allegations made, but it still goes back and forth.

Source: Bradenton Herald, "Ellenton Evie's faces copyright lawsuit ," Dec. 22, 2011


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