Supreme Court rules against Doraville adult club

[private]The Georgia Supreme Court ruled Monday against a Doraville adult entertainment club that has been trying to get a liquor license from the city.

The justices’ order was a blow to the owners of the Oasis Goodtime Emporium I on Peachtree Industrial Boulevard, who had argued that club was no longer a “sexually oriented business” but instead was complying with city’s alcohol code by staging “performances of serious artistic value.”

In its attempt to comply with the city code, the Oasis had hired former legislator Jill Chambers to manage the artistic performances of the employees.

The Supreme Court, however, let stand a lower court order that placed an injunction against the nightclub’s owners.

In another entertainment-related case, the Supreme Court unanimously ruled that iHeart radio’s streaming of music over the internet is legal under Georgia law.

The owners of the rights to several songs recorded before 1972 sued iHeart, alleging that iHeart had never compensated them for the use and transfer of their pre-1972 master recordings.

In 1972, Congress left it up to the states to continue regulating sound recordings made before the federal copyright law went into effect. Georgia law gives owners of master sound recordings the sole right to transfer the sounds of those recordings under the law, but with exemptions for radio and TV broadcasts.

The Supreme Court ruled that iHeart’s online music streamings fall under the exemption in state law because “iHeartRadio is nearly identical to terrestrial AM/FM radio.”

“The nature of the streaming of sound recordings by iHeartRadio and the nature of the broadcast by terrestrial AM/FM radio are qualitatively the same,” the court said in its decision.

© 2017 by The Georgia Report

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Tags: adult nightclub , Georgia Supreme Court , iHeart , streaming internet radio