Eatery sued for songs

A Huntington Beach restaurant is the target of a federal copyright infringement lawsuit by one of the country’s top royalty-gathering organizations.

The American Society of Composers, Authors and Performers has filed a lawsuit in federal court against the Pelican Isle restaurant in Huntington Harbour. According to ASCAP representatives, the restaurant repeatedly failed to pay licensing fees allowing the performance of copyrighted songs handled by the organization. A judge will determine damages, but they have the potential to far outstrip the initial fees.

Hundreds of thousands — at very least — of bars, restaurants, skating rinks, malls and other establishments have such licenses, said Vincent Candilora, ASCAP’s senior vice president of licensing. Those licenses allow unlimited use of the more than eight million member-owned songs by any live DJ, band, karaoke or other in-house performance, he said. Only a small fraction don’t comply, and only a fraction of those are ever sued, he said.

“Most people recognize their obligations once we contact them and educate them about federal law,” he said. “The fees are pretty low, they sign a license and are done with it.”

Representatives of the restaurant did not return calls for comment.

Pelican Isle hosts bands three nights a week and has karaoke once a week, Candilora said. With its 114-person maximum occupancy, it would have cost $1,200 a year — $3.28 a day — to stay legal, he said.

“I don’t understand looking at it as a businessperson,” he said. “I guess they must think we have bigger fish to fry and we’re not going to bring them to court.”

But the organization regularly looks for violators, employing experts to listen to music and write down any songs owned by ASCAP members. For the restaurant, Candilora says an agent heard “Hound Dog,” by Jerry Leiber and Mike Stoller, “Leaving on a Jet Plane” by John Denver, “Wanted Dead or Alive” by Richie Sambora and Jon Bon Jovi, and a few others.

Pelican Isle is one of 26 establishments nationwide being sued in ASCAP’s crackdown; such lawsuits take place regularly, Candilora said.