Paradise Grill cited for copyright violations

Paradise Grill in Long Neck was one of 15 bars and restaurants nationwide cited for copyright infringement for allowing public performance of copyrighted music without a license. 

The American Society of Composers, Authors and Publishers, generally known as ASCAP, represents songwriters, composers and music publishers. It works to ensure that artists are paid for public performances of their work. 

ASCAP Executive Vice President of Licensing Stephanie Ruyle said, “By filing these actions, ASCAP is standing up for songwriters whose creative work brings great value to all businesses that publicly perform their music.”

Paradise Grill owner Al Tortella said the restaurant has licenses with other music publishing services, but did not have one with ASCAP. He said the citation stems from July 2018 when the restaurant played songs covered by an ASCAP license.

“We’re trying to get it resolved and have them be part of our license,” Tortella said. “It’s unfortunate it had to get to this point.”

ASCAP compensates artists whose work is played on the radio, in a bar or restaurant or on television by issuing licenses, which are purchased through ASCAP with 90 percent of the money earned paid back to the artists as royalties. ASCAP represents 740,000 artists, and a license allows unlimited use of the entire ASCAP repertory of more than 11.5 million songs. 

ASCAP Vice President of Legal and Business Affairs Jackson Wagener said Paradise Grill had used a cover band playing music written by ASCAP members without a license. Wagener said this has been going on for some time; as early as 2015, he said, ASCAP representatives have been in contact with Paradise Grill about getting a license that would allow the restaurant to access ASCAP’s entire catalog, but the restaurant has refused.

“ASCAP views litigation as a last resort,” Wagener said. “Typically, it is only after we've made dozens of attempts over a year or more to educate establishment owners and offer them repeated opportunities to obtain an ASCAP license that we file a lawsuit.”

Licenses are available through ASCAP’s website, and while the cost varies according to the user, fees are paid on an annual basis and are designed based on factors that include size, frequency of performance, type of performance - typically live music, DJ or karaoke - and whether the establishment charges a cover. 

Wagener said, “Paradise Grill is a very large venue with regular live music several days/nights per week, and with recorded music uses including DJs. As a result, the annual license fee for Paradise Grill would be significantly higher than the average.”

Tortella said a license for Paradise Grill costs about $1,000 annually. 

ASCAP Chairman and President Paul Williams, co-writer of songs such as Three Dog Night’s “An Old Fashioned Love Song” and The Carpenters “We’ve Only Just Begun,” said, “We want every business that uses music to prosper, including bars and restaurants. 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.”

“Most businesses know that an ASCAP license allows them to offer music legally, efficiently and at a reasonable price – while compensating music creators so we can earn a living from our work and keep doing what we do best – writing music,” Williams said.