Repeatedly Playing "Jessie's Girl" and "Ms. New Booty" Leads to $30,000 Copyright Violation Fine for Huntington Beach Restaurant

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HB restaurant gets $30,000 music copyright bill
A federal judge in Orange County has issued a permanent injunction against Ponderosa Chophouse Enterprises, Inc. and its Black Bull Chop House steak restaurant in Huntington Beach for repeatedly violating music copyright laws.

U.S. District Court Judge Cormac J. Carney agreed with a February 2013 Broadcast Music, Inc. (BMI) complaint that Cesar Gabino Pena, owner of the restaurant, infringed on four copyrights for the songs "Jessie's Girl," "Show Me Love," "Snow Hey Oh" and "Ms. New Booty" in 2011 and 2012.

BMI won a default judgment against Pena, who did not fight the lawsuit and is now under orders by Carney to pay nearly $30,000 for the musical composition copyright violations, according to court records.

A BMI representative visited the popular restaurant on several dates and recorded the establishment playing songs without authorization.

Inside the Ronald Reagan Federal Courthouse in Santa Ana, Carney noted that a permanent injunction is necessary because, in part, Black Bull Chop House representatives were contacted 48 times to cease the violations prior to the filing of the lawsuit and his observation that Pena has "not demonstrated a willingness to litigate the merits of this case."

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Email: rscottmoxley@ocweekly.com. Twitter: @RScottMoxley.

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9 comments
DonkeyHotay
DonkeyHotay topcommenter

              ... BMI = Music Mafia

Phil Maurer
Phil Maurer

HAHAHAHHAHAHHAHAHHAHAHHAHA... How do you have a bar let alone multiple bars and not take care of the Music royalties...

In_vino_verite
In_vino_verite

When is Crow Bar going to get dinged for stealing the graphics from Sky Blue Sky (Wilco)?

rrl1965
rrl1965

Playing music in a restaurant constitutes copyright violation? Not wanting to take any sides, but that seems strange to me.

18usc241
18usc241 topcommenter

Rick Springfield ----> angry since the 80's. 

Finally, someone that's been angry for a longer period of time than myself. 

nowaybro
nowaybro

@rrl1965 Broadcasting any copyrighted music at place of business without proper authorization/payment is subject to a fine....even its the radio. It has to be a registered jukebox service, or subscription streaming service or recorded music system where the rights have been paid to the industry. I know many business don't know this or don't care but my friend had a job with BMI where all he did was go to random business and issue cease and desist letters and threaten fines.

JGlanton
JGlanton topcommenter

@rrl1965  I might sue them for traumatic aural distress disorder for playing Jessie's Girl over and over.

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