The owners of six Tucson Chuy's restaurants have agreed to pay $40,000 to settle a federal copyright lawsuit stemming from songs being played without permission.
Adobe Management Services LLC owners Chris and Mark Evenson also agree not to play any songs licensed by Broadcast Music Inc. (BMI) until getting the proper usage license, according to documents filed this week in U.S. District Court.
"We're happy with the settlement," said BMI spokesman Jerry Bailey, whose Nashville, Tenn.-based organization represents more than 375,000 songwriters, composers and publishers. "The songwriters whose copyrights were infringed will be compensated."
Adobe's attorney, Daniel Miranda, would not comment on the settlement.
BMI filed suit last July after it said the Adobe-owned Chuy's at 1825 W. Valencia Road illegally played 14 songs over two nights in February 2009.
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Mark Evenson, who owns 38 Chuy's restaurants in Arizona, California and South Carolina, told the Arizona Daily Star in July that he had done nothing wrong. Adobe never answered the suit and in December U.S. District Judge David Bury issued a $48,694 default judgement in the case.
Bailey said it is likely Adobe agreed to the settlement because once people become more knowledgeable about copyright law they see where they were at fault. Most such cases also include the business acquiring a license to play the copyright music, but Bailey said he wasn't certain if such would be the case with Adobe.
"We can't force them to license going forward, but typically the businesses do license," Bailey said. "It is clear they'll need a license if they use BMI music going forward."
Contact reporter Brian J. Pedersen at 573-4224 or bjp@azstarnet.com