Show Sued Over Copyright Issues

Published November 17, 2004

Show sued over copyright issues
Songs' owners say Branson's "50's At The Hop" used material without license.

Nedra Culp performs at '50's At The Hop' in Branson. A suit filed against the show is seeking $750 to $30,000 in damage for using copyrighted songs without permission.
Nedra Culp performs at "50's At The Hop" in Branson. A suit filed against the show is seeking $750 to $30,000 in damage for using copyrighted songs without permission.
News-Leader File Photo, 2001
By Ryan Slight
News-Leader

Women in poodle skirts and guys with greased hair in a Branson production shouldn't be dancing to "Rock Around the Clock."

The "50's At The Hop" show is performing that and six other copyrighted tunes without permission, according to a federal lawsuit filed by several music companies.

Kansas City attorney Christopher Brandt, who represents the songs' owners, asked U.S. District Judge Dean Whipple last week to restrain the production from using the songs.

Brandt requested damages ranging from $750 to $30,000 per song against Rock and Roll Music Corporation and its president, Krystal Rene Snow, in his complaint filed at Springfield's federal courthouse.

"We've asked them many times to obtain the necessary license and they've refused to do so," said Andy Schaeffer, a New York attorney with the American Society of Composers, Authors and Publishers (ASCAP).

Snow referred comment to Branson attorney Hank Griffin, who said he had not seen the complaint this week and could not discuss the allegations.

The "50's At The Hop" show performs more than 50 songs recalling rock 'n' roll music's inception, according to the production's Web site. It is staged at the Jim Stafford Theatre.

Brandt alleged the defendants did not seek or obtain a license agreement for certain tunes with the companies or ASCAP. Some of the companies are owned by Time Warner or General Electric.

The copyrighted songs reportedly performed on July 31 at "50's At The Hop" were "Rock Around The Clock," "It's My Party," "Unchained Melody," "Smoke Gets In Your Eyes," "Charlie Brown," "Witch Doctor" and "Are You Lonesome Tonight?"

ASCAP — a membership organization representing hundreds of thousands of music creators — grants businesses a license to perform a wide spectrum of copyrighted music publicly for a fee. The songs' creators get distributions of the proceeds.

License fees vary for theaters based on factors such as seating capacity, the number of shows and ticket prices, Schaeffer said.

ASCAP has licensing individuals go to public venues such as theaters and offer licenses and explain the need for them, he said.

If a theater does not comply, ASCAP will send a private investigator to a performance to get copyright infringement evidence for court, the attorney said.

"Most places in Branson comply with the law and have a license," Schaeffer said. He was unaware of current action against any other theater.

According to ASCAP, there are a few limited venues where permission is not needed for public performances, such as a church. However, churches would need a license if their services were broadcast on radio or television.

The "50's At The Hop" show is not the first Branson production taken to court by copyrighted song owners.

Several sued the Positive Country Theater in 1999 for allegedly using such songs as "Let It Snow" and "Jingle Bells" without permission. Schaeffer was unaware whether that case was ever resolved.