Chuy's restaurant named in copyright-infringement suit

The complaint, filed last week in U.S. District Court in Tucson, says Adobe Management Services LLC "conducted 14 unauthorized public performances of musical compositions" over the course of two nights in late February at its Chuy's location at 1825 W. Valencia Road.

The songs, most of which are country tunes, were performed either by a live band or during karaoke, said Jerry Bailey, a spokesman for Nashville-based Broadcast Music Inc. (BMI), a nonprofit performing-rights organization that represents 375,000 songwriters, composers and music publishers.

"The establishment needs a music license to perform those songs," Bailey said. "We've attempted to license them and they've refused our request."

Mark Evenson, who owns 39 Chuy's locations in Arizona, California and South Carolina, disputes BMI's assertion that the restaurant needs to hold a license, and said he plans to fight the claim.

It is the responsibility of the karaoke company, DJ outfit or other entities performing at a restaurant to be licensed with BMI, not the restaurant, he said.

"If the establishment needs to be licensed, it doesn't need to be licensed with BMI or ASCAP (American Society of Composers, Authors and Publishers); it has to be licensed with the city of Tucson or Pima County," Evenson said. "Every karaoke or disc jockey entity has to have their license, not us. And anytime we have live remotes through a radio station, it is licensed.

"This is something that ASCAP and BMI never do their homework and research on," Evenson said.

He said this isn't the first time he's had a run-in with BMI regarding licensing.

The last time, 15 years ago, he said he enlisted the help of rock icon Bruce Springsteen to defend his cause.

"They did this to me in Channel Islands, California," Evenson said. "I had a band for a charity event, and they said we didn't have the proper licensing. BMI took me to court, and when I brought witnesses to court, they backed off."

Evenson said he's yet to be served a copy of the new complaint, but that when he does get it, he plans to fight it.

"If we ever do get any kind of notification, we'll just draft a letter back to them," he said.

BMI is one of two main licensing entities, Bailey said, along with ASCAP. Combined, the two represent about 97 percent of musical entities in the United States, Bailey said.

Bailey said a license is required of any public establishment that performs live or recorded music. The license serves as a means for musicians to receive royalties when their songs are played by live bands, through karaoke gatherings or even just via compact discs aired over a restaurant's public address system, Bailey said.

License fees are based on an establishment's fire-code occupancy, as well as in what form the music is being used, he said.

"The more you use the music, the more it costs," Bailey said.

BMI has been trying to get Adobe's Valencia franchise licensed since August 2005, and during that time the company has made 84 phone calls and sent 44 letters to either the restaurant or Adobe's owners, who are listed as Christopher and Mark Evenson. At least three other Adobe-run Chuy's locations in Tucson also do not have licenses, Bailey said.

This is not the first time BMI has filed suit against a Tucson business for licensing issues, Bailey said, though he declined to elaborate on previous cases. He said most licensing issues end up getting settled out of court, once the proprietor understands why a license is needed.

"It's an educational process," Bailey said. "We normally get compliance once we explain the situation. A small-business owner doesn't usually know about BMI. Over 90 percent of these infringement cases do not go to trial."

If a legal judgment is needed, Bailey said Adobe could be on the hook for anywhere from $750 to $30,000 per song that was performed.

List of songs at issue

A federal civil suit claims the Chuy's Mesquite Broiler at 1825 E. Valencia Road violated copyright-infringement laws when the following songs were performed Feb. 27 and Feb. 28 at the restaurant:

Song - Most noted performer

A Broken Wing - Martina McBride

Are the Good Times Really Over - Merle Haggard

Big City - Merle Haggard

Blame It on Your Lyin' Cheatin' Heart - Patty Loveless

Brown Eyed Girl - Van Morrison

Call Me the Breeze - Lynyrd Skynyrd

Can't You See - The Marshall Tucker Band

Gunpowder and Lead - Miranda Lambert

Little Bitty - Alan Jackson

Neon Moon - Brooks & Dunn

Papa Was a Rollin' Stone - The Temptations

Streets of Bakersfield - Dwight Yoakam

Workin' Man Blues - Merle Haggard

You're Gonna Miss Me When I'm Gone - Brooks & Dunn