Lake of the Ozarks restaurant accused of copyright infringement

5 years 5 days 18 hours ago Thursday, December 04 2014 Dec 4, 2014 Thursday, December 04, 2014 6:53:00 PM CST December 04, 2014 in News
By: Meredith Miller, KOMU 8 Reporter
loading

ROCKY MOUNTAIN - Broadcasting Music Incorporated (BMI) filed a lawsuit against Jolly Rogers Grub N' Grog on the Lake of the Ozarks claiming the business infringed on copyright laws. 

BMI, along with 17 other music licensees, filed a complaint in federal court claiming Jolly Rogers restaurant performed songs licensed to BMI without authorization. 

BMI is a corporation in New York that has the right to license the public performance of over 8.5 million copyrighted musical compositions.

The music corporations are asking for a injunction to stop Jolly Rogers from using their music and the judge to assess damage fees. 

"If a piece of music is copyrighted, and somebody performs it without permission, then that is a problem," said MU communications law professor Sandy Davidson.

Jolly Rogers LLC and the owner Joseph Jung have responded to the complaint saying they hope the complaint does not go further and both parties pay their own costs because they do not think they have infringed on copyright laws. 

The establishment claims the songs performed were used in fair use, were independently created, were authorized or were also in the public domain. 

Songs that BMI claimed Jolly Rogers used include: "Beat It" by Michael Joe Jackson, "Good Lovin'" by Rudy Clark, "I Want You To Want Me" by Rick Nielsen, "Keep Your Hands to Yourself" by Dan Baird, "Mustang Sally" by Bonny Rice, "Bad Romance" by Lady Gaga, "All Your Life" by Brian Henningsen and Clara Henningsen, and "December" by Ed Roland. 

Davidson says the claims by Jolly Rogers are common in these types of complaints; however, fair use can only be used if only a part of the song was played, and these songs would not be part of the public domain because they are too new. 

"Cases like this are brought to warn establishments that they do indeed need to pay those licencing fees," Davidson said.  

Jolly Rogers is currently closed for the winter months but will reopen in April. KOMU 8 was unable to reach the restaurant owners Thursday evening.  

More News

Grid
List
JEFFERSON CITY - The Missouri Supreme Court will hear arguments on Tuesday regarding this question: Is abortion an appropriate subject... More >>
1 day ago Monday, December 09 2019 Dec 9, 2019 Monday, December 09, 2019 12:38:00 PM CST December 09, 2019 in News
COLUMBIA - Missouri's health department has so far received three reports of flu-associated deaths as peak flu season begins. ... More >>
1 day ago Monday, December 09 2019 Dec 9, 2019 Monday, December 09, 2019 12:00:00 PM CST December 09, 2019 in News
MEXICO - Similar to veterans homes across the nation, Missouri veterans homes are suffering from a shortage of staffing. ... More >>
1 day ago Monday, December 09 2019 Dec 9, 2019 Monday, December 09, 2019 9:59:00 AM CST December 09, 2019 in News
COLUMBIA - Starting Monday, the City of Columbia Municipal Court will offer a period of warrant amnesty. There will... More >>
1 day ago Monday, December 09 2019 Dec 9, 2019 Monday, December 09, 2019 3:30:00 AM CST December 09, 2019 in News
COLUMBIA — The Moberly Police Department arrested a suspect accused of robbing a gas station at gun-point Saturday evening. ... More >>
1 day ago Sunday, December 08 2019 Dec 8, 2019 Sunday, December 08, 2019 9:50:00 PM CST December 08, 2019 in News
COLUMBIA - The Missouri Tigers have found their new head football coach. Eli Drinkwitz from Appalachian State will lead... More >>
1 day ago Sunday, December 08 2019 Dec 8, 2019 Sunday, December 08, 2019 6:47:00 PM CST December 08, 2019 in News
TIPTON - Neighbors are reacting after authorities said Bobby Joe Moore, 43, of Sedalia, shot his ex-girlfriends' mother and hit... More >>
2 days ago Sunday, December 08 2019 Dec 8, 2019 Sunday, December 08, 2019 6:01:00 PM CST December 08, 2019 in News
LAKE OF THE OZARKS - Restaurant owners are heading into the holiday season ready to handle the winter customers and... More >>
2 days ago Sunday, December 08 2019 Dec 8, 2019 Sunday, December 08, 2019 3:43:00 PM CST December 08, 2019 in Continuous News
FULTON — Community members can gather at the Field of Joy in Fulton’s Veteran's Park to remember departed loved ones... More >>
2 days ago Sunday, December 08 2019 Dec 8, 2019 Sunday, December 08, 2019 2:13:00 PM CST December 08, 2019 in News
JEFFERSON CITY - Singing pine trees and dancing blue penguins are now lighting up the night throughout Binder Park in... More >>
2 days ago Sunday, December 08 2019 Dec 8, 2019 Sunday, December 08, 2019 8:00:00 AM CST December 08, 2019 in News
AUXVASSE - A suspect has been taken into custody in Auxvasse on Saturday in relation to a shots fired incident... More >>
2 days ago Saturday, December 07 2019 Dec 7, 2019 Saturday, December 07, 2019 9:19:00 PM CST December 07, 2019 in News
FULTON - The 71st annual Christmas parade took over the streets of Fulton on Saturday afternoon. This year's theme... More >>
3 days ago Saturday, December 07 2019 Dec 7, 2019 Saturday, December 07, 2019 3:40:00 PM CST December 07, 2019 in News
COLUMBIA - Road signs honoring five Boone County veterans killed in combat in Iraq or Afghanistan were revealed Saturday. ... More >>
3 days ago Saturday, December 07 2019 Dec 7, 2019 Saturday, December 07, 2019 3:36:00 PM CST December 07, 2019 in News
CAMDEN COUNTY — One person was transported to the hospital Friday night after being ejected from their vehicle. The... More >>
3 days ago Saturday, December 07 2019 Dec 7, 2019 Saturday, December 07, 2019 3:17:00 PM CST December 07, 2019 in News
TIPTON — A shooting suspect is in the hospital after authorities shot him five times, according to a news release... More >>
3 days ago Saturday, December 07 2019 Dec 7, 2019 Saturday, December 07, 2019 8:50:00 AM CST December 07, 2019 in News
FULTON - Police are investigating after shots were fired at a Break Time in Fulton Friday night. According to... More >>
3 days ago Saturday, December 07 2019 Dec 7, 2019 Saturday, December 07, 2019 1:25:00 AM CST December 07, 2019 in News
COLUMBIA - MU spokesman Christian Basi, confirmed the man who died after being hit by a car on College Ave... More >>
3 days ago Friday, December 06 2019 Dec 6, 2019 Friday, December 06, 2019 9:34:00 PM CST December 06, 2019 in News
COLUMBIA - The Central Missouri Humane Society is waiving adoption fees this weekend, just in time for the holiday season.... More >>
3 days ago Friday, December 06 2019 Dec 6, 2019 Friday, December 06, 2019 6:36:00 PM CST December 06, 2019 in News
Columbia, MO
Broken Clouds 29°
7pm 28°
8pm 27°
9pm 26°
10pm 25°