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Indy club must pay BMI for DJ’s tunes

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A downtown Indianapolis nightclub must pay a tab approaching $20,000 because the club and DJs failed to obtain public-performance licenses after repeated warnings.

Blu Lounge at 240 S. Meridian St. and its operator Shawn Cannon were ordered April 4 to pay $15,000 in statutory damages for intentional copyright infringement plus $4,644 in attorney fees to performing rights society BMI Inc.

BMI sued after repeatedly sending letters for two years and calling the club about the need to gain permission for public performances. The suit names three songs – “Last Night a DJ Saved My Life,” “Show Me Love” and “I’ll Be Around.” In June 2013, BMI sent an agent to the club to record performance of the songs, and the suit followed.

“Blu and Cannon have not responded to the complaint,” U.S. District Chief Judge Richard Young wrote. Default judgment was entered in January and Young’s April 4 order granted BMI’s request for damages plus interest. BMI estimated in the litigation that the club’s annual license fee would have been about $3,861.

BMI licenses the right to publicly perform 7.5 million copyrighted works, according to court documents. The case is Broadcast Music, Inc., et al. v. SC Entertainment, LLC, et al., 1:13-CV-01678.
 

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  1. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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