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29 restaurants, bars sued in copyright case (The Post and Courier, Charleston, S.C.)

By Peter Hull, The Post and Courier, Charleston, S.C.McClatchy-Tribune Regional News

Mar. 25--A large music publishing association is targeting 29 bars, restaurants and nightclubs across the country, including a Charleston establishment, for copyright infringement.

The American Society of Composers, Authors and Publishers has sued Charleston Beer Works, among others, for allegedly performing copyrighted music without permission.

The ASCAP states it contacted each business "repeatedly over a significant period of time" to inform them they needed a license from the group.

"In every instance, the establishment refused to obtain a license, but continued to perform ASCAP members' music without permission, resulting in the filing of the infringement actions," the New York-based group said in a statement.

The owners of Charleston Beer Works, at 468 King St., could not be reached for comment Monday.

Any establishment or business that performs copyrighted music publicly must be licensed by the ASCAP, the group said.

Vincent Candilora, the organization's senior vice president of licensing, said Monday that his group has tried to contact Charleston Beer Works since 2003 through telephone calls and letters.

"It is really a last resort that we have to file an infringement," Candilora said.

The cost of a license varies by the size of the establishment, Candilora said. ASCAP's records show Charleston Beer Works has a seating capacity of 115, and plays recorded music seven nights a week with live performances Thursdays, Fridays and Saturdays.

On that basis, Candilora said a license would have cost the business $1,036 a year.

In all, ASCAP targeted establishments in 22 states and the District of Columbia on Monday.

No other South Carolina businesses were on the list.

Candilora said it is a federal offense to perform copyrighted music without permission.

Legal action often results in fines of tens of thousands of dollars.

An ASCAP license covers use of material in the association's 8.5 million-song repertory.

The fees help pay royalties to songwriters, composers and music publishers. About 315,000 business nationwide hold an ASCAP license.

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To see more of The Post and Courier, or to subscribe to the newspaper, go to http://www.charleston.net.

Copyright (c) 2008, The Post and Courier, Charleston, S.C.

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