Fuzion sued over playing of copyrighted music

A Huntington Beach bar, restaurant and arcade is being sued over its use of copyrighted music.

The American Society of Composers, Authors and Publishers sued Fuzion on Tuesday in U.S. District Court, contending the venue used at least three songs without proper licensing.

Jackson Wagener, vice president of business and legal affairs for the music licensing group, commonly known as ASCAP, said it found that the music was played live, over a loudspeaker and during karaoke at Fuzion without the entertainment venue paying for proper licensing, which he estimated would cost it about $10,000 a year based on its large capacity.

Nine other establishments across the U.S. were sued over similar allegations Tuesday, he said.

“Whether it’s a live performance, deejay, karaoke, played over the Internet, all those different uses require a license,” he said. “With what we know about Fuzion, they play popular music regularly.”

Wagener said ASCAP contacted Fuzion more than 30 times since March 2014 via phone, email, letters and in-person conversations.

The business and its owner, Keeli S. Lisack, failed to comply with the demands, Wagener said.

He said the goal is to teach Fuzion the importance of copyright rules and secure compliance going forward.

“For us, litigation is a last resort,” he said, adding that the lawsuit is more of a formal request that Fuzion purchase the proper licensing rights. “It’s really something we only do once we’ve given an establishment owner dozens of opportunities over multiple years to take a license, and they keep refusing.

“At that point, the only way we can ensure we’re getting a licensing and meeting our responsibility to our members is to file a lawsuit.”

Calls to Fuzion this week about the lawsuit were not immediately returned.