Disbelief: Music whistleblower turns in Du Quoin ice cream shop

Part of small-town America died last Friday when Du Quoin ice cream shop owner Bob Bytnar found out he was being fined $1,080 because a hometown artist played a copyrighted song during a one-hour sidewalk performance in front of his shop in August.

A representative from Broadcast Music, Inc. of Nashville, Tenn., which monitors abuse of copyrighted songs, called Bytnar and said a whistleblower turned him in. Bytnar owns Ye Olde Country Store ice cream & fudge shop in downtown Du Quoin. Sidewalk performer Riley Kirk performed a copyrighted song without paying a royalty to a record company for the right to perform it.

At the outset, Bytnar was floored by the phone call and thought it was a scam. "Are you Bob Bytnar?" the man asked. "Do you own Ye Olde Country Store on East Main Street in Du Quoin?" he continued. "Did Riley Kirk perform at your store between 3 p.m. and 4 p.m. on August 19?" he said.

Bytnar responded "yes" to all of those questions. He was then told he had 14 days to pay the fine for "violating federal copyright law" or he would be taken to court.

Bytnar asked who turned him and the young performer in. He was told the snitch is protected by the "whistleblower law." Finding out would cost a fortune in court costs.

After the call ended, Bytnar researched Broadcast Music, Inc. It is a legitimate watchdog arm of the music industry. The same thing happened to a Saline County tavern last year. Longtime Jackson County Sheriff Bill Kilquist, who is an ice cream shop customer, said the Jackson County Jail was once threatened by the group for piping music into the jail cellblock.

Bytnar is saddened by the turn of events and the very popular ice cream shop has gone quiet. He will no longer host local talent. The juke box is unplugged and he doesn't even plan to turn on a radio station.

"I want this in the newspaper for two reasons," he said. "I want my loyal customers to know this isn't me ending the music. I can't afford to pay for an annual license so people can perform here."

"And, I want to give fair warning to the City of Du Quoin and their concerts in the park, to the Sonic-drive-up, to anybody that plays music on their premises that you could be next.

If anyone knows who turned the ice cream shop in to Broadcast Music, Inc. Bytnar would like to know. "They just weren't man enough to tell me themselves," he said.