BMI, 8 Music Publishers Allege 6 Claims of Infringement vs. Ohio Bar

BMI went to U.S. District Court for Eastern Ohio in Akron Thursday on behalf of itself and eight music publishers to stop the Whiskey Stop Bar & Grill in Louisville, Ohio, and owners Scott and Kathryn Kelly from publicly performing musical compositions in the BMI repertoire without a license, said their complaint (docket 5:23-cv-01889). BMI has contacted the defendants more than 40 times since October 2021 by phone, mail and email in an effort to educate them about their obligations under the Copyright Act, “with respect to the necessity of purchasing a license for the public performance of musical compositions” in the BMI portfolio, said the complaint. Included in the letters were cease and desist notices, giving the defendants formal notice they must immediately cease all use of BMI-licensed music in their establishment, it said. The plaintiffs allege six claims of willful copyright infringement, based on the defendants’ unauthorized public performance of musical compositions from the BMI repertoire, it said. All the claims for copyright infringement joined in the complaint “are governed by the same legal rules and involve similar facts,” it said.