Tag Archives: Bars

Hospitality Industry Legal Risks: Pennsylvania Restaurant And Bar Settles “Music Copyright Infringement Lawsuit” For $9,000; Disc Jockey Played 12 Songs From Music Catalogue

“…any establishment that plays music is required to pay a licensing fee which, for bars and restaurants, is based on the square footage of the establishment…the owners agreed to settle the case to avoid the expense and Hospitality Industry Music Copyright Lawsuitsuncertainly of continuing the litigation. The settlement equates to a penalty of $750 per song. Federal law allows for penalties up to $30,000 per song…”

The owners of the Brews Brothers bar and restaurant in Jenkins Township have agreed to pay $9,000 to settle a copyright infringement lawsuit filed by a music publishing company. Broadcast Music Inc. filed suit against the bar in October 2012 after a representative from the company visited the establishment that March and witnessed a disc jockey playing 12 songs from artists who are part of BMI’s catalogue.

BMI, one of the nation’s largest music publishing companies, collects and distributes royalties to artists whose music is played on radio, television and at public venues.

BMI has been aggressively enforcing its copyrights in the region over the past several years, filing at least 11 federal lawsuits against various establishments in Luzerne, Lackawanna and other nearby counties since 2010, according to court records.

The settlement, filed Thursday, says Brews Brothers acknowledges it violated the copyrights for the songs.

For more:  http://psdispatch.com/news/333542/Bar-settles-copyright-infringement-lawsuit

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Filed under Insurance, Labor Issues, Liability, Management And Ownership, Risk Management

Hospitality Industry Legal Risks: Illinois Nightclub Sued By Man Stabbed In The Chest By Patron Who Was “Over-Served Alcohol”

“…(plaintiff) required emergency surgery after he was stabbed in the chest…the lawsuit says (he) suffered severe and permanent injuries and “will be hindered and prevented from attending to his usual duties and Alcohol Drink Responsiblyaffairs…the suit alleges that Olaska’s intoxication played a role in the stabbing. A restaurant employee was also injured in the fight…”

A man who was stabbed during a confrontation that cost a Naperville teacher his life has filed a lawsuit against the club where the clash happened. William Hayes III is suing Frankie’s Blue Room in Naperville and owner Riff Menza, claiming the bar over-served Daniel Olaska, who is awaiting trial on charges that he wounded Hayes and killed Shaun Wild in February 2012.

Authorities have said that Hayes had been teasing Olaska about drinking beer from a wine glass when Olsaka stabbed him with a folding knife he was carrying. Wild, a second-grade teacher at a Naperville school and a friend of Hayes’, was attempting to stop Olaska from leaving the bar when Olaska fatally stabbed him, according to police.

Hayes was a senior at nearby North Central College when the incident occurred. Wild was a 2010 graduate of the college. Both played for the school’s football team.

For more:  http://articles.chicagotribune.com/2013-02-15/news/chi-naperville-frankies-blue-room-stabbing-lawsuit-20130215_1_daniel-olaska-shaun-wild-naperville-bar

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Filed under Crime, Guest Issues, Injuries, Insurance, Liability, Management And Ownership

Hospitality Industry Legal Risks: Restaurants And Bars Are Being Sued For "Illegally Playing Licensed Music" By Major Protective-Rights Organizations; "Thousands Of Dollars Per Violated Song"

“…Broadcast Music, Inc. has sued hundreds of establishments across the country, including bars and restaurants in southwest Ohio, for playing BMI-licensed songs without a proper license…a search of civil court records shows that BMI Inc. — one of three main protective-rights organizations — usually settles out of court or gets a summary judgement and, in either case, collects thousands of dollars per violated song…”

Dozens of Ohio businesses have been sued and made to pay tens of thousands of dollars for playing music without proper licensing. The lawsuits are part of a concerted effort by such organizations to enforce copyrights and could serve as a warning to other businesses illegally playing licensed music.

“The entertainment industry is in a frenzy not knowing how to protect – put fences around — their copyrights in the digital age, because there’s nothing really that can preclude a perfect digital copy,” said University of Dayton law professor Tracy Reilly, who teaches courses about real property and intellectual property.

The Pub at The Greene in Beavercreek paid more than $30,000 to BMI after a Southern Ohio United States District Court civil case for playing four BMI-licensed songs such as Van Morrison’s Brown Eyed Girl and Johnny Cash’s I Walk The Line.

“How many times do you go into a restaurant and hear them playing a radio station, for example,” said attorney David Rickert, who represented The Pub but could not speak directly about the case due to a confidentiality clause. “Technically, you need a license for that. I think it’s something people just aren’t aware of. Now they’re starting to crack down a little bit on it.”

For more:  http://www.daytondailynews.com/news/news/crime-law/area-bars-sued-for-lack-of-music-licenses/nSsqX/

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Filed under Insurance, Liability, Management And Ownership, Risk Management

Hospitality Industry Alcohol Sales Liability: Hotel And Restaurant Bar Owners Can Face Huge Damages From Lawsuits Resulting From Drunk Patrons Car Accidents

Make sure you have liquor liability insurance and that there’s plenty of financial space between you and your business.

“These types of cases can put a bar, a grocery store, convenience store, hotel or restaurant out of business and if they’re not careful, the people that are behind the ownership could see their houses or bank accounts put at risk,”

A recent Supreme Court ruling is going to put more pressure on businesses that sell alcohol.

Bars, restaurants, and even convenience stores could face stiffer penalties for selling alcohol to someone who ends up injuring someone else in a car accident.

On Monday, the Supreme Court of South Carolina upheld a 2003 ruling that awarded $10 million to a man who sued a bar after one of its patrons ran into him on a Greenwood highway.

“These types of cases can put a bar, a grocery store, convenience store, hotel or restaurant out of business and if they’re not careful, the people that are behind the ownership could see their houses or bank accounts put at risk,” said Christian Stegmaier, a retail and hospitality specialist at Collins and Lacy in Columbia.

For more:  http://www.live5news.com/Global/story.asp?S=12900444

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Filed under Crime, Injuries, Insurance, Liability, Training