Judge: Racetrack owes composers $90,000 for using music

TAMPA -- Tampa Bay Downs must pay $90,000 for the unauthorized use of six musical compositions during a Kids and Family Day event nearly three years ago, a federal judge ordered today.

Several music companies and composers sued the racetrack last year after the live performance of four songs and broadcasting of two other songs at the racetrack on Feb. 19, 2006.

The ruling comes a day after three former janitors filed a lawsuit against Tampa Bay Downs, claiming sexual harassment and intimidation that led to their firing after one of them refused to rekindle a sexual relationship with a supervisor.

Among those who sued for the copyright infringement were New World Music Company Ltd., James Patrick Page, John Baldwin, Robert Plant, Famous Music LLC and Desmundo Music.

U.S. District Judge Virginia Hernandez Covington granted the plaintiffs' motion for $15,000 per infringement to total the $90,000 judgment.

Court records show that three Radio Disney personalities were hosting games and giveaways the day of the infringement. Four of the songs, including Can't Help Falling In Love, were played during a musical chairs game, according to court records.

In her ruling, Covington noted that the racetrack acknowledged it received numerous letters from the American Society of Composers, Authors and Publishers warning that it needed a license to use the music. But the racetrack failed to discontinue playing the unauthorized music until after the lawsuit had been filed.

"Under these circumstance, the court find that there is a substantial likelihood that TBD will continue to infringe copyrighted works unless an injunction is issued," Covington wrote.

H. Vance Smith, an attorney for Tampa Bay Downs, declined comment until he reviewed the judge's order.

Judge Covington also held Tampa Bay Downs president Stella Thayer responsible for the infringement, saying she had the ability to supervise the racetrack's conduct.

Kevin Graham, Times staff writer

Comments

[Bobcat]

Copy right laws area bitc* and they will have to pay up lmao they can afford it with all the gambling money they have

[JeanieRHB]

Me being a member of "The Robert Plant Homepage" Had no idea that Robert or Jimmy had any kind of lawsuit in Tampa. Only that Robert doesn't care much for Tampa since the 1977 Led Zeppelin Concert rained out & a riot broke out. Even as a solo act, he doesn't come around Tampa too often. Although, he'll ALWAYS be The Golden God!!!!