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Editorial Results (free)

1. Deadly Cat Poop Causes Rift Among Animal Defenders -

HONOLULU (AP) — Two wildlife issues have collided in Hawaii, pitting one group of animal defenders against another in an impassioned debate. The point of contention? Deadly cat poop and the feral felines that produce it.

2. Downtown Office Market Picking Up, Industrial Market Could Get Hotter -

Memphis’ office and industrial markets saw strong second quarters, with increased absorption and positive outlooks for the rest of the year.

The quarter was dominated by ServiceMaster Global Holdings’ announcement that it was moving its headquarters from East Memphis to the shuttered Peabody Place mall. The home services and tech company will transform the former mall into a $27 million, Class A office building.

3. Work Begins On Brewery Development -

502 Tennessee St.
Memphis, TN 38103

Permit Amount: $4.5 million

Application Date: Feb. 18, 2016

Tenant: Brewery Master Tenant LLC

Architect: LRK Architects

Contractor: Montgomery Martin Contractors

4. University of Memphis Foundation Applies for $1 Million Building Permit -

1115 E. Getwell Loop
Memphis, TN 38111
Permit Amount: $1 million

Applicant: The University of Memphis Foundation
Project Cost: $40 million
Permit Application Date: April, 2015
Architect: Fleming Architects
Contractor: Grinder, Taber & Grinder Inc.
Details: The University of Memphis Foundation has applied for a $1 million building permit for a new facility at the university’s Park Avenue campus.

5. County Commission to Weigh New Disparity Study -

Shelby County Commissioners consider a start Monday, June 16, toward a new disparity study as a way to changing the county’s efforts in increasing minority business participation in government contracts.

6. High Cotton -

Carol Perel points from her office to the other side of the ground-floor lobby at 65 Union Ave.

“That trading floor,” she says, “is the Graceland of cotton.”

7. Irish Pub Fills Long-Vacant Midtown Corner -

Dublin House, a new Irish pub, is setting up shop on Madison Avenue just west of Overton Square.

Jody Clark, who has 30 years of experience in the restaurant and bar business, is the owner. She hopes to have Dublin House open by mid-November to early December at 2021 Madison Ave., the location formerly occupied by Melos Taverna.

8. States Face Competing Priorities For Stimulus Cash -

NEW YORK (AP) – It may sound like a nice problem for states – figuring out how to spend the billions in infrastructure funding they’ll receive as part of President Barack Obama’s economic stimulus plan.

9. FRS Powersports Building New Motorcycle/ATV Shop -

2175 Whitten Road
Memphis, TN 38133
Loan Amount: $2 Million

Loan Date: Oct. 31, 2008
Maturity Date: Nov. 1, 2009
Borrower: FRS Industries Inc.
Lender: BancorpSouth Bank

10. Electrology Center of Cordova Celebrates 15 Years of Business -

Peggy Adams, like many women surely have done, experimented with a home self-wax job. She was trying to remove unwanted fine hairs on her upper lip; however, when she pulled off the wax, it took off parts of her skin and she was left with horrible scabs.

11. Newby's Owner Weathers BMI Suit - For the most part, the last few years have been good to Todd Adams, the owner of a popular college bar along the Highland Strip.

Newby's, the bar he bought in 1997, is sometimes referred to by its owner and customers as "the college bar you never graduate from."

That's a spirit he's tried to maintain and cultivate at the University of Memphis area hotspot, and it's partly the reason he's now fighting a group of lawyers and music industry executives who filed a federal lawsuit last year against Newby's.

He's also fighting to keep his business afloat, even though the toll from the
lawsuit has led him to consider filing bankruptcy.


'Really sad affair'

Broadcast Music Inc. (BMI), a nonprofit group that licenses the music of songwriters and publishers, brought the suit against Adams in federal court.

Any business where music is played or performed, such as a restaurant, hotel or airport lounge, is required to buy a license from a group such as BMI. For an annual fee, the license gives those businesses the performing rights to the 6.5 million songs in the BMI catalog.

Newby's owned a BMI license several years ago but doesn't anymore. For more than a decade, Adams has maintained that the music industry group changed the terms of his license agreement after he thought it was already finalized.

Among the factors that determine a business' yearly license fee is its capacity. Adams said Newby's legal occupancy is 132, but he says BMI records peg that number at 600.

The answer given by a BMI representative when asked the reason for that discrepancy is that disagreements over occupancy are common between business owners and BMI.

Newby's currently employs fewer than 20 people, and Adams scrapes to pay the bills. But he said BMI, which has a branch office in the 10 Music Square East building on Nashville's famed Music Row, has steadfastly refused to negotiate with him.

"I've been trying to come up with a reasonable payment for them - I've been doing that since day one," Adams said. "They have never wanted to do anything at all except sue me and make tens of thousands of dollars. It's just a really, really sad affair."


What it amounts to

For Adams, that situation doesn't appear to get any better. The lawsuit doesn't mention a specific amount of money the music group is seeking.

But Jerry Bailey, director of media relations for BMI, said there is a statutory range BMI can request for in damages, which can reach as high as $30,000 per song.

If the infringement is determined to be willful, the costs could get up to $150,000 per song. In Newby's case, court documents on file in U.S. District Court for the Western District of Tennessee record 21 instances of copyright infringement.

"Generally, BMI doesn't ask for damages at that willful infringement level," Bailey said. "One reason is that damages at that level would definitely put most businesses out of business if there are multiple songs involved, and it's never been our intention to put anyone out of business. We simply want to license them.

"If they've caused us significant legal costs and there are lost revenues involved, then we always ask for enough to recover our damages, in addition to court costs and legal fees. That's what it really amounts to."


Formidable foe

That formula for damages, though, should be viewed in the context of another facet of BMI's operation - its near-perfect batting average. Bailey could not recall offhand a similar copyright infringement lawsuit the group has lost.

An entire floor in the BMI building in Nashville is occupied by a bank of computers performing research that's part of the process of tracking unlicensed businesses such as Newby's. The group has several tactics it uses to build a case against an offending business, such as sending an anonymous researcher on-site to collect evidence.

Those researchers show up and order from the menu, hang out, socialize - all while secretly recording the details of who exactly is playing which copyrighted songs.

That's what happened in Newby's case. A BMI researcher was in the crowd on New Year's Eve in 2006 noting that the audience was listening to performances of songs such as "Get Down Tonight" by K.C. and the Sunshine Band.

"Better than 90 percent of these cases get settled before they go to trial," Bailey said. "If they go to trial, it can be extremely expensive for a business owner should they lose."


The business owner might be on the losing end in that scenario, but so would another party. Adams said his bar's performance space fills an important need for young bands just starting out, some of which may be in the process of distributing their music and trying to get their first radio play.

Newby's also stands apart from other Memphis venues such as TJ Mulligan's, where he said it's more common to hear bands whose set lists are comprised almost exclusively of cover material.

"What has Newby's done except offer a great place for artists to play in Memphis?" Adams said. "Ninety-nine percent of the artists here play their own music. Sure, maybe half a dozen times a year someone will play a cover song. But are you kidding me? You're going to charge me $12,000 or something a year for that?"

Personally and professionally, Adams ought to be a happy and comfortable man. His business remains a popular concert venue for up-and-coming bands more than a decade after he first took it over. It sits at the heart of the neighborhood surrounding the University of Memphis, an area that's the focus of a broad revitalization effort.

Adams and his wife, Stephanie, a nurse, got married four years ago. The protracted court fight, however, has taken a toll on the bar owner.

"We're good people over here," he said. "We're not selling to minors, breaking the law. I'm just trying to make it through another year, hopefully until this university district gets developed. And then it's going to explode over here and just be amazing."


...

12. Archived Article: Events - The Center City Commission Budget and Finance Committee meets at noon today at CCC offices, 114 N

The Memphis Advertising Federation board meets at 5 p.m. today at the Racquet Club of Memphis, 5111 Sanderlin Ave. Call 725-6231. The Building Owner...

13. Archived Article: Events - Collierville Chamber of Commerce holds at Ambassador/Diplomat Meeting at 11:30 a

WREC Newsradio 600 personality Mike Fleming addresses the Kiwanis Club of Memphis at noon today at The Peabody, 149 Union Ave. Call Harold D. Dickson at 227-4125 for...

14. Archived Article: Ccdc - Board taps MCDR for Crump renovations

Board taps MCDR for Crump renovations

By STACEY WIEDOWER

The Daily News

The Center City Development Corp. board voted Wednesday to hire a contractor MCDR Inc. to renovate the facade of the 102-year-o...

15. Archived Article: Real Review - Carnival Memphis to honor Crye-Leike co-founders as industry leaders

Carnival Memphis to honor Crye-Leike as industry leader

Co-founders of real estate company Crye-Leike, Harold Crye and Dick Leike, will be recognized as leaders in the real e...

16. Archived Article: Comm Focus (reunion) - By STACEY WIEDOWER Rivalry aside, Central-Tech reunion in works By STACEY WIEDOWER The Daily News Ask a graduate of Central High School the name of the oldest high school in town, and expect an incredulous look and an immediate answer: "Central...

17. Archived Article: Real Briefs - A new partnership between the city of Memphis Division of Housing and Community Development, the citys Health, Educational and Housing Facility Board and Fannie Mae is expected to give more than 600 Memphis families access to downpayment and closing...

18. Archived Article: Desoto Cvc Cntr Lj - By LAURIE JOHNSON DeSoto Civic Center groundbreaking set for Friday By LAURIE JOHNSON The Daily News After more than five years on the drawing board, the DeSoto County Civic Center is about to start becoming a reality. Members of the DeSoto County C...

19. Archived Article: Real Briefs - Realtors at Marx & Bensdorf Real Estate and Investment Co Realtors at Marx & Bensdorf Real Estate and Investment Co. recently donated $3,500 to the Make-A-Wish Foundation. The companys 34 Realtors took the referral fees they earned from comp...