BMI Cites Suburban Atlanta Bar for 6 Claims of Willful Copyright Infringement

The Old Fountain Tavern in suburban Atlanta, and its owner, Stephen Clark, are publicly performing musical compositions in connection with the operation of the Dacula business without the authorization or license of the copyright owners, alleged BMI and eight music publishers in an infringement complaint Thursday (docket 1:23-cv-03657) in U.S. District Court for Northern Georgia in Atlanta. BMI contacted Clark more than 40 times by phone, letter and email since April 19 “in an effort to educate” him about his “obligations under the Copyright Act,” and the “necessity of purchasing a license for the public performance of musical compositions” in the BMI repertoire, said the complaint. BMI sent Clark multiple cease and desist notices, giving him “formal notice that he must immediately cease all use of BMI-licensed music” in his tavern, it said. The plaintiffs allege six claims of willful copyright infringement, based on Clark’s “unauthorized public performance of musical compositions” from the BMI repertoire. Unless the court “restrains” Clark from committing further acts of copyright infringement, the plaintiffs “will suffer irreparable injury for which they have no adequate remedy at law,” it said. Besides injunctive relief, the complaint seeks statutory damages, plus court costs and reasonable attorneys’ fees.