BMI names US restaurant in copyright infringement suit
US-based performing rights organisation BMI has targeted a restaurant based in Georgia in a copyright infringement claim.
BMI filed its lawsuit against the Plaza Restaurant at the US District Court for the Middle District of Georgia, Valdosta Division on Monday, October 31, claiming that the restaurant publicly performs music in its establishment.
According to the suit, since 2008 BMI has contacted the restaurant “84 times by phone, mail, and email, in an effort to educate defendants as to their obligations under the Copyright Act” to purchase a licence to publicly perform music from the BMI repertoire.
BMI added that it sent cease-and-desist notices in a bid to stop the restaurant using BMI-licensed music.
The music organisation has made 14 claims of wilful copyright infringement, while Sony/ATV, Nettwerk One Music Canada, Counting Crows and Warner-Tamerlane Publishing are also named as plaintiffs in the suit.
BMI is seeking injunctive relief, costs, statutory damages and attorneys’ fees.
“The specific acts of copyright infringement alleged in the complaint, as well as defendants’ entire course of conduct, have caused and are causing plaintiffs great and incalculable damage,” said the suit.
BMI was founded in 1939 and collects licensing fees on behalf of songwriters, music publishers and composers.
A spokesperson for BMI told WIPR: "Some business owners are unaware that it is federal copyright law to have a music licence in place if copyrighted music is performed in a public setting. That’s why we spend so much educating business owners about the value that music brings to their establishment, the requirements of copyright law, and the importance of maintaining a music licence.
The spokesperson added that after several attempts have been made to reach the business owner through phone calls and letters, an in-person visit might occur.
"It is important to understand that we only take legal action as a last resort and spend a lot of time, sometimes years, trying to educate businesses on why they need a music licence. In the case of the Plaza Restaurant in Thomasville, BMI made multiple attempts to contact the owner since March 2008 including 34 calls and 50 letters," said the spokesperson.
They added: "As a performing rights organisation, it is our mission to work on behalf of the songwriter to make sure they are compensated for their work whenever their music is played or performed in a public place. Songwriters are entitled to be paid for their creative works."
