BMI Alleges 8 Claims of Willful Copyright Infringement vs. Wis. Establishment

BMI went to U.S. District Court for Eastern Wisconsin in Milwaukee on behalf of itself and eight music publishers to bar an Elkhorn, Wisconsin, establishment, Duesterbeck’s Brewing Co. and its owners, Benjamin and Laura Johnson, from continuing to publicly perform musical compositions in the BMI repertoire without a license, said its complaint Friday (docket 2:23-cv-01362). BMI contacted Duesterbeck’s and the Johnsons more than 40 times by phone, mail and email since May 2021 in an effort to educate them about their obligations under the Copyright Act to buy a BMI license, said the complaint. Included in the letters were cease and desist notices, giving the defendants “formal notice that they must immediately cease all use of BMI-licensed music” in their establishment, it said. BMI and the eight publishers allege eight claims of willful copyright infringement, based on the defendants’ unauthorized public performance of musical compositions from the BMI catalog, it said.