By Kevin Coughlin
ASCAP, the nonprofit association representing more than half a million independent songwriters, composers and music publishers, has sued Morristown’s Iron Bar, alleging that the nightspot has used copyrighted music without paying licensing fees.
Iron Bar owner Jimmy Cavanaugh disputed the allegation, saying on Tuesday that his establishment pays $4,100 a year in fees to ASCAP. He said the Iron Bar also pays licensing fees to BMI, another association representing musicians.
“I agree with the concept,” Cavanaugh said of music licenses. “But no one has called me [from ASCAP]. I haven’t spoken with anybody” there.
ASCAP– short for the American Society of Composers, Authors and Publishers — announced on Tuesday that it has filed separate suits against the Iron Bar and eight other venues — three in California, and others in Staten Island, Atlanta, Indianapolis, Minneapolis and Sugar Hill, Ga.
The organization has spent at least two years trying to sell licenses to each of these businesses, according to an ASCAP statement. Approximately 88 percent of collected fees are paid as royalties to songwriters, composers and music publishers.
UPDATE:
ASCAP collected $1 billion in payments last year, Executive Vice President of Licensing Vincent Candilora told MorristownGreen.com.
“We’ve been extremely patient trying to resolve this situation,” Candilora said, asserting that the Iron Bar has “simply ignored” ASCAP.
Jackson Wagener, ASCAP vice president for legal affairs, told MorristownGreen.com that the organization has made “numerous contacts” with the Iron Bar owners since September 2012.
The lawsuit, filed in U.S. District Court, is an action of “last resort,” said Wagner, asserting that federal law allows for penalties of $750 to $30,000 per infringement action.
“Music is enormously valuable to bars and restaurants, creating an emotional connection with patrons and providing the right ambience to attract and retain customers,” Candilora said in the statement.
“By filing these actions, ASCAP is standing up for songwriters whose creative work brings great value to all businesses that publicly perform their music,” he said.
Songwriter Paul Williams, ASCAP president and chairman, said artists want bars and restaurants to prosper.
“After all, as songwriters and composers, we are small business owners, too, and music is more than an art form for us. It’s how we put food on the table and send our kids to school,” Williams said in the statement.
Licenses for bars and restaurants cost an average of $2 a day and provide unlimited access to more than 10 million musical works, according to ASCAP.
Established by songwriters in 1914, ASCAP calculates fees based on a venue’s fire code occupancy and its music uses, which may include live performances and deejays, Wagener said.
ASCAP files 150 to 200 infringement lawsuits a year; most of them result in settlements, Candilora told MorristownGreen.com.
He said venues must realize that “if you create a song, it’s your property. To use your property, they need your permission. And usually, they pay something for that,” Candilora said.
Jorge,
As I am a manager with Iron Bar, I would like to clear up your information as stated. We at Iron Bar chose not to book your event with us for a few reasons. 1st being that we had another party planned that day and it was for a 40th birthday party. This party had booked and contracted before you approached us for your event. As you wanted to do an 8th grade graduation with us, I believe that was the event, they would be sharing our lower level rooms with this event. We didn’t see it appropriate to book two events that were so far from each other in style. 2nd being that we are a bar and do not make it habit to book events that are going to have numerous underage guests. My responsibility as operator of a licensed alchohol establishment is to weigh pros and cons of any event we are going to be holding. It was ultimately my call as to not booking your event. As you have stated, in two negative yelp reviews and also on this forum, yes we did cancel your initial planning with us but it was not two days before your event, it was a day after you sent out invitations. We apologized and offered assistance to finding another location for you but Iron Bar did not receive/take/bill you any funds. Once again we apologize for canceling your event. Please consider the issue closed, as we have. Please stop in and ask for me and I will do everything within my ability to make up for our initial interactions.
Thank you,
Chris
Jimmy, your side is in the headline and in the second and third paragraphs of the story.
The green prints an article before getting our side of the story, typical for them.
Wow, people are so bored with themselves, well said M. Russell……article seems a little odd.
Sure Jorge let’s throw some biased commentary into the mix that has absolutely no relevance to the article or topic.
I am a Morristown resident and am not surprised at all. My personal experience with Iron Bar was terrible and I am not surprised this is how they would behave towards other people’s rights. In my case they made promises and on Mother’s day called to tell me they had decided to cancel my contract and told me to see how other places could help me. This was 2 days before the party we had booked. They cost me a lot of money and ownership never responded to my letters.