Broadcast Music Incorporated et al v. Go Irish Holdings LLC et al 2:23-cv-00573-ROS [Arizona Copyright Lawyer]

Introduction

Broadcasting copyrighted music in your restaurant, bar, nightclub or other entertainment establishment can get you into legal trouble as this case filed by BMI shows.  If you are facing legal action by ASCAP, BMI or some other perfomance rights organization ("PRO") contact us for a free initial consultation. We are a leading copyright infringement defense law firm in the United States having handled several hundred federal copyright litigation cases.  We can be reached at (877) 276-5084 or email us through our contact form.

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Who is BMI?

According to their website:

"BMI was founded in 1939 by forward-thinkers who wanted to represent songwriters in emerging genres, like jazz, blues and country, and protect the public performances of their music. BMI is currently the largest music rights organization in the U.S. and continues to nurture new talent and new music.  BMI is the bridge between songwriters and the businesses and organizations that want to play their music publicly. As a global leader in music rights management, BMI serves as an advocate for the value of music, representing over 20.6 million musical works created and owned by more than 1.3 million songwriters, composers and music publishers."

Sample Allegations

The complaint seeks damages against an Arizona company and alleges the following:

Plaintiff Broadcast Music, Inc. (“BMI”) is a corporation organized and existing under the laws of the State of Delaware. BMI's principal place of business is 7 World Trade Center, 250 Greenwich Street, New York, New York 10007. BMI has been granted the right to license the public performance rights in 20.6 million copyrighted musical compositions (the “BMI Repertoire”), including those which are alleged herein to have been infringed.

4. The Plaintiffs other than BMI are the owners of the copyrights in the musical compositions that are the subject of this lawsuit. All Plaintiffs are joined pursuant to Fed. R. Civ. P. 17(a) and 19(a).

5. Plaintiff Sony/ATV Songs, LLC is a limited liability company doing business as Sony/ATV Melody and is a copyright owner of at least one of the subject songs.

6. Plaintiff Sony/ATV Songs, LLC is a limited liability company doing business as Sony/ATV Tree Publishing and is a copyright owner of at least one of the subject songs.

7. Defendant Go Irish Holdings, LLC is a limited liability company organized and existing under the laws of the state of Arizona, which operates, maintains, and controls an establishment known as Mountain View Pub, located at 7033 East Cave Creek Road, Cave Creek, AZ 85331, in this district (the “Establishment”).

8. In connection with the operation of the Establishment, Go Irish Holdings, LLC publicly performs and/or causes musical compositions to be publicly performed.

9. Go Irish Holdings, LLC has a direct financial interest in the Establishment.

10. Defendant Michelle McNamara is a Member of Go Irish Holdings, LLC with responsibility for the operation and management of that entity and the Establishment.

11. Michelle McNamara has the right and ability to supervise the activities of Go Irish Holdings, LLC and a direct financial interest in that entity and the Establishment.

12. Defendant Ronald Thompson is a Member of Go Irish Holdings, LLC with responsibility for the operation and management of that entity and the Establishment.

13. Ronald Thompson has the right and ability to supervise the activities of Go Irish Holdings, LLC and a direct financial interest in that entity and the Establishment.

Plaintiffs allege six (6) claims of willful copyright infringement, based upon Defendants' unauthorized public performance of musical compositions from the BMI Repertoire. All of the claims for copyright infringement joined in this Complaint are governed by the same legal rules and involve similar facts. Joinder of these claims will promote the convenient administration of justice and will avoid a multiplicity of separate, similar actions.

The specific acts of willful copyright infringement alleged herein, as well as Defendants' entire course of conduct, have caused and are causing Plaintiffs great and incalculable damage. By continuing to provide unauthorized public performances of works in the BMI Repertoire at the Establishment, Defendants threaten to continue committing copyright infringement. Unless this Court restrains Defendants from further acts of copyright infringement, Plaintiffs will suffer irreparable injury, with no adequate remedy at law.

Contact a Copyright Music Attorney

Our law firm is licensed to practice law in California and Arizona.  We have also been admitted to federal courts in New York and Texas.  Call us if you received a summons and complaint, or a notice of copyright infringement.  These BMI cases carry the risk of damages up to $150,000 PER INFRINGED SONG, so before you talk to anyone, lawyer up.  Call us at (877) 276-5084 or send us an email through our online contact form.