Karaoke Forums

Apparently a local place got sued for refusing to pay BMI fees for anything.

The result of the case was that it was settled with predjudice.

I understand that this leaves the defendant open to possible further litigation, but that's it.

For that to happen, I would assume that no payment was made, because if it was, the case would have been settled- period.

The only conclusion that I can draw is that the place didn't have to pay, but is not BMI licensed and has agreed not to use any BMI related entertainment, with the threat of another suit if they do. Does this sound right to anyone else, because it sounds strange to me.....

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"No Contests, No Divas, Just A Good Time!"

" Disc based and loving it..."

Nothing strange about it. If they did it without prejudice, then BMI could never sue them again if the venue decided not to pay the fees in future years.

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You can be strange but not a stranger

"With prejudice" means that there cannot be a future suit on those claims. Because those claims are tied to particular acts as of a certain date (generally, the filing date of the complaint), acts that occurred prior to that date cannot form the basis of a new lawsuit for those claims.

However--and this is something a lot of people don't get--the bar could still be sued for acts that occurred after that date, even if the claim is the same (copyright infringement). If the bar commits new acts of infringement, those acts could form the basis of a lawsuit, and the prior lawsuit itself might be evidence of intentional infringement.

"Without prejudice" is the functional equivalent of there having never been a suit in the first place.

Jim, many thanks- RULY- but this is what leaves me confused. It seems as though BMI didn't persue the claim to the fullest extent, never got paid, let it slide, then said "don't do it again."- which just sounds so fishy to me- like the bar has some juice somewhere. How say you, Jim? (And thanks again for responding to the first post- I DO appreciate it!)

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"No Contests, No Divas, Just A Good Time!"

" Disc based and loving it..."

Joe, I don't know anything, but it sounds like you assumed the bar didn't pay anything. I read your OP as saying they settled with prejudice. My assumption would be the bar paid some amount to BMI but declined to pay for future service, instead electing not to use any BMI-supported material - and as long as they don't, they won't get sued again.

From what I've heard about BMI in the past, they "settle" for past fees due plus some for the trouble and you sign up and pay your yearly fees going forward.

That would be my assumption as well. I don't have any facts, but the chances that they paid nothing and BMI let them go are very small.

That seems to make more sense, Jim. Also, since they never seem to have any entertainment anymore, I my guess would be that's the wy it's going to be.

Unfortunately, this place hasn't anything to offer without it, and they are fairly empty ( the place holds over 100) pretty much all the time now.

The current owner has had the place for around 17-18 years, but I think a change will probably be in the offing.

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"No Contests, No Divas, Just A Good Time!"

" Disc based and loving it..."