Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, March 10, 1992 TAG: 9203100355
SECTION: VIRGINIA PAGE: B1 EDITION: METRO
SOURCE: VICTORIA RATCLIFF STAFF WRITER
DATELINE: LENGTH: Medium
Thomas and her husband, Ronald, resisted paying a $1,200 annual licensing fee to the American Society of Composers, Authors and Publishers (ASCAP) that would allow musicians at their Iroquois Club to perform ASCAP licensed songs.
The Thomases say that's a bit too much money, so instead they instruct all bands that perform at the club to play only original music. They even have band members sign contracts to that effect, Shirley Thomas said.
"I don't know every artist and every song," Thomas said, adding that she often doesn't realize it if a band decides to play a song written by another artist.
According to the lawsuit, that may have been what happened. Four music companies are suing the Thomases for copyright infringement, alleging the couple allowed five copyrighted songs to be played at the club Nov. 30 and Dec. 1.
According to the suit, the songs could have been played at the club if the Thomases had paid fees to ASCAP.
In addition to not being able to afford the ASCAP dues, Shirley Thomas said, "it's almost the principle as much as anything else." As soon as a club owner agrees to become licensed by ASCAP, other licensing organizations then start trying to collect dues as well, she said.
"To me, they're just like the mafia."
The lawsuit - filed by Superhype Publishing, Inc., Ram's Horn Music, Guns n' Roses Music and Doors Music Company - alleges that the songs "14 Years" and "L.A. Woman" were played in the Iroquois on Nov. 30 and that "Communication Breakdown," "Knockin' on Heaven's Door" and "Break on Through to the Other Side" were played Dec. 1.
But Thomas said the band that was scheduled to perform in her club Dec. 1 didn't show up, according to her calendar.
A Norfolk lawyer who filed the suit could not be reached for comment Monday. The lawsuit also states that the Thomases lost a similar lawsuit in 1988 brought by four copyright owners. In that case, the Thomases were ordered to pay $7,500 plus costs for copyright violations, the suit states.
Thomas said Monday that she was fined as a result of the other lawsuit. "They sued and took what money I had in the bank. . . . The only thing they could get from me now is tables and chairs."
by CNB