BUSTING BERRY'S MUSIC
RIAA raids local record store
By Dale Lawrence

Alan and Andy Berry, owners of Berry’s Music stores, saw their nine-month legal nightmare end June 22 in a plea bargain. What was initially 13 felony counts of copyright infringement, leveled by the Recording Industry Association of America, was finally reduced to a single misdemeanor (and a hefty fine). But the real punishment was meted out months ago: Alan Berry lost his livelihood, lost the business he loved and nurtured for 13 years, may yet lose his house. And the crime for which he’s paid this price? Selling DJ mix-CDs.

Alan Berry grew up on Indianapolis’ Eastside, graduating from Warren Central in 1987. After high school he spent a couple of years working at Karma and various mall record stores. In June 1990 he went into business with his older brother Andy, pooling resources to open a record store of their own, Berry’s Music, on East 10th Street. For the first three years, all profits went back into the store. The brothers grew the business while working pizza delivery and other off-hour jobs to stay alive.

At first the emphasis at Berry’s was on hard rock and heavy metal. They knew they needed to carve out a niche market for themselves and metal, which had been the brothers’ passion in high school, seemed like the natural direction to go. “But then,” Alan remembers, “we realized that wasn’t where the money was at. Kids kept coming in, asking for Ice Cube and Too Short. So I quickly changed the focus — because I want to make money.” The Berrys started carrying hip-hop during their first year and a half in business and it soon became the store’s primary focus. By the time they moved the operation to 11th and Arlington in 1993, Berry’s Music was gaining a reputation as the Eastside version of Rockin’ Billy’s.

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