BMI, Music Publishers Sue Colo. Radio Station, Ariz. Restaurant for Infringement

Broadcast Music Inc. (BMI) and eight music publishers sued Get Smashed Radio Broadcasting Network, and several of its executives Thursday, for copyright infringement (docket 1:23-cv-01720), said a complaint Thursday in U.S. District Court for Colorado in Denver. Plaintiffs allege KMZK(FM) Clifton, serving the Grand Junction, Colorado, area, willfully infringed their copyrights four times based on their unauthorized public performances of musical compositions from the BMI collection. BMI contacted defendants over 10 times since August 2021 by phone, mail and email – including cease and desist notices -- in an effort to “educate” the defendants about their obligations under the Copyright Act and their need to buy a license for public performance of musical compositions in the BMI repertoire, it said. In another case (docket 2:23-cv-01229), BMI, with 16 other music copyright holders, sued Bonfire Craft Kitchen, in Surprise, Arizona, for 11 claims of willful copyright infringement of their music from BMI’s library. BMI contacted the restaurant over 40 times since September 2020, informing them they must immediately cease all use of BMI-licensed music, said the July 3 complaint. In both lawsuits, plaintiffs seek an order enjoining the defendants from infringing musical works licensed by BMI, plus statutory damages, attorneys’ fees and legal costs.