Wilmington business sued by ASCAP for playing copyrighted music without permission
A Wilmington business is being sued for copyright infringement by a nationally known organization that alleges the establishment has been playing protected musical works for its customers without permission.
According to a news release from the American Society of Composers, Authors and Publishers, or ASCAP, Bull City Ciderworks at 615 S. 17th St. in the Cargo District is among 13 bars and restaurants that the group is suing nationwide. The suits arise from what the release calls "unauthorized public performance of its members’ copyrighted musical works."
Bull City Ciderworks, which opened in Wilmington in 2022, started in Durham a decade ago and also has locations in Lexington, Greensboro and Cary.
ASCAP filed suit against Bull City in U.S. District Court's Eastern District of North Carolina, Southern Division, which is located in the Alton Lennon Federal Building in downtown Wilmington. The suit, which names Bull City Ciderworks owner John Clowney and Cider Bros, LLC, seeks between $2,250 and $30,000 in damages; attorney's fees; and for Bull City to stop performing copyrighted material.
ASCAP, which is a nonprofit, says it represents about 960,000 songwriters, composers and music publishers and "ensures its members can earn a living from their art by licensing the public performances of their songs, collecting those license fees, and distributing royalties to its members," the release stated.
"Businesses use music because it helps to create an ambiance that brings customers back and makes them stay longer," ASCAP executive vice president and head of licensing Stephanie Ruyle said in the release. "Each of the establishments sued today has decided to use music without paying its creators. By filing these actions, ASCAP is standing up for songwriters whose music is essential to those businesses and their customers."
Jackson Wagener, senior vice president for business and legal affairs at ASCAP, said that "litigation is a last resort. Before we got to this point, we made dozens of attempts" to reach out to Bull City via email, letter and phone since September of 2022.
"We're going to reach back out to them and settle this," Bull City owner Clowney said via phone. "We just want to understand what our fee schedule is."
Clowney said Bull City already pays a company called Soundtrack Your Brand to provide background music.
Wagener said ASCAP licenses are "tailored to different establishments." Typically, he said, establishments pay an average of $2 a day, or about $730 a year, giving a business the right to play unlimited music in its establishment.
Certain things, like the size of the venue or whether they have live music, can cause the cost of the license to vary widely.
Charles Krueger, who co-owns the Reggie's bar and music venue in midtown Wilmington and the Sandspur bar and restaurant in Carolina Beach, said he pays about $400 a year for an ASCAP license at the Sandspur, and about $2,800 a year for Reggie's.
Wagener said Bull City's license would likely be more than $2 a day because of its size, which Clowney said is about 7,500 square feet. Since Bull City has five locations in North Carolina, each location needs a separate license.
The cost is "not insignificant," Clowney said.
A copy of the lawsuit provided to the StarNews references "many unauthorized performances at Bull City" but cites three specific songs that were played there without authorization on Nov. 28, 2023: "You Bring Me Joy" by David E. Lasley (best-known version sung by Anita Baker); "Found Out About You" by Douglas Hopkins of the Gin Blossoms; and "Sweet Thing" by Tony Maiden and Yvette M. Stevens, aka Chaka Khan.
The songs in question were performed "via DJ or karaoke," Wagener said.
Plaintiffs are listed as Universal Music Corporation, Almo Music Corporation and Warner Chappell Music.
This article originally appeared on Wilmington StarNews: Copyright infringement: ASCAP sues Wilmington's Bull City Ciderworks
