A downtown Bloomington nightclub is being sued for copyright infringement as part of a new batch of lawsuits cracking down on bars playing music without a license.
Broadcast Music, Inc. [BMI] issues public performance rights to bars and restaurants, granting them the right to play copyrighted live and recorded music. BMI alleges Six Strings Club, a country-leaning night club located at 525 N. Center St., violated copyright law on multiple occasions. The club regularly hosts bands and karaoke nights.
BMI sued five clubs in early December, including Six Strings, one of two Illinois businesses sued in the past six months for copyright infringement. The suit claims owner David Petro was contacted more than 45 times since 2022 by phone, mail and email, including Cease and Desist Notices to stop use of all BMI-licensed music.
"It is important to understand that we only take legal action as a last resort," BMI executive director Jodie Thomas said in an email, "which is why we spend so much time trying to educate businesses about the value that music brings to their establishment, the requirements of copyright law and the importance of maintaining a music license."
Court filings with the Illinois Central District Court in Peoria cite 10 songs protected by copyright law and list their publishers as co-plaintiffs in the case. The suit does not explicitly say whether the alleged “willful copyright infringement” pertains to recorded music, live music performed by a cover band or karaoke, or both.
Rich Marvel, a defense attorney representing Six Strings, said in an email he is “actively evaluating the claims brought against Six Strings Club and will respond appropriately through the legal process.”
The lawsuit, filed Dec. 6, comes in the wake of another downtown Bloomington establishment closing and others ceasing to host live music.
Bars and restaurants are required to license music played in their establishments. The lead plaintiff, BMI, is one of the most common licensors collecting Performance Rights Organization [PRO] fees giving business owners legal access to a massive song catalog of 22.4 million songs. Similar to streaming arrangements, PROs pay royalties to musical artists, songwriters and composers. Venues do not need a license to host performances of musical artists playing their own original music not included in any PRO's catalog, or if they have permission from the copyright owner.
