Covington, KY bar ordered to pay $9000 for copyright violation involving the performance of 12 songs. The Kentucky Post reports:
- U.S. District Court Judge William Bertelsman in Covington ordered Peacox Inc., which operates Peacox Bar and Grill on Donaldson Road, and two of its officers to pay a total of $750 per song, the minimum fine under federal law.
The maximum is $30,000 per claim of infringement. BMI had asked the judge to levy a fine of at least $3,000 per claim against Peacox Inc. and its president, Peggy Sue Cox, and secretary-treasurer, Leia Heding.
Among the songs at the center of the suit are “Rock Steady” written by Aretha Franklin and “We’re An American Band” written by Don Brewer.
BMI is a 61-year-old corporation with licensing rights to some 4.5 million copyrighted songs by artists as diverse as murdered former Beatle John Lennon, rapper Snoop Dogg and country singer Faith Hill.
The business also has an aggressive investigative arm that monitors radio, television, Internet, recorded and live performances of the songs.
It was that last category – live performances – that tripped up the Peacox Bar and Grill.
When BMI – and the 26 parties that own the copyright to the songs – sued Peacox Inc. last December, it said one of its investigators caught live bands playing 12 of the company’s songs during visits in 2001 on May 26 and 27 and Aug. 3 and 4….