Judge fines Surfers Paradise gay bar ex-owner, operator of Escape $83k for music copyright

A SURFERS PARADISE nightclub operator faces a whopping fine for ignoring requests to stop playing major pop hits without a copyright licence.

A JUDGE has fined a Surfers Paradise nightclub operator $83,000 for unlawfully using copyrighted pop music and ignoring warnings to stop.

A Federal Circuit Court judge has dished out the whopping bill to Escape Bar & Nightclub Pty Ltd, the former operator of the gay and lesbian venue down Cavill Mall.

The company no longer operates the venue. It was bought by new operators back in July. They have revamped the first floor space and renamed it Rise under completely separate ownership.

Singer-songwriter Justin Bieber’s music was among hits played by Surfers Paradise former venue Escape, fined $83,000 for copyright infringement and ignoring repeated warnings from APRA AMCOS about it. (Photo by Theo Wargo/Getty Images for Three Lions Entertainment)

In a statement, music royalties collection body APRA AMCOS said it spent three years attempting to get the Escape venue director Steven Ritchardson to secure the licence to make his venue’s use of popular music lawful.

Among music it found was being played without the appropriate licence was Spice Girls, Justin Bieber, Bon Jovi, Ariana Grande, Britney Spears and P! nk and AC/DC.

Judge Manousaridis said: “APRA request the respondents desist from infringing its copyright ... but the respondents repeated the infringing acts.”

APRA alleged the unlawful use of copyright music started September, 2014, and it launched legal action three years later in August, this year, when “left with no alternative”.

The venue also unlawfully played Bon Jovi. / AFP PHOTO / ANGELA WEISS

APRA’s statement, released to the Bulletin today, said Mr Ritchardson failed to appear at court hearings on September 6 and 20.

The judge awarded APRA AMCOS $32,899.84 for licence fees it would have received if Escape was appropriately licensed under the Recorded Music for Dance Use scheme from September 1, 2014, to July 23, this year.

The judge also dished out a bill for $3849.48 for interest on those fees and costs of $8930.

A further $35,000 in “additional damages” was awarded against Escape plus $35,000 against Mr Ritchardson as sole director for “the flagrancy and sustained infringement”.

the Judgement “serves to deter other nightclub owners from infringing copyright in musical works”, Judge Manousaridis said.

... And Britney Spears. AFP PHOTO / Frederic J. Brown

APRA AMCOS head of revenue Richard Mallett said the judgment shows music was incredibly important to hospitality operators in attracting patrons for the health of their bottom line.

“Music licensing needs to be calculated into operational costs, just like insurance and staff superannuation so that a business cannot only be compliant with regulation but develop a true profit projection of a proposed business venture.

“Our members and the members belonging to rights management organisations around the world need to be fairly compensated when their works are used outside domestic settings,” Mr Mallett said.

The Bulletin tried a mobile number for Mr Ritchardson and left a message but he has not responded.