Va. Restaurant Ignored More Than 50 Requests to License BMI Works, Says Suit

Pearl Groups, which operates FishTails Restaurant and Bar in Virginia Beach, Virginia, and Rutvi Patel, a restaurant manager, infringed BMI's musical compositions, alleged BMI's complaint Tuesday (docket 2:24-cv-00073) in U.S. District Court for Eastern Virginia in Norfolk. Additional plaintiffs are Arc Music, Mic Shau Music, Irving Music and Sony/ATV Songs. BMI reached out to the defendants over 50 times since December 2022 by phone, email and mail about their obligations under the Copyright Act regarding a required license to publicly play recordings in the BMI repertoire, said the complaint. Letters included cease-and-desist notices that defendants must “immediately cease all use of BMI-licensed music” in the restaurant, it said, saying their infringement is causing plaintiffs “incalculable damage.” Plaintiffs allege four claims of willful copyright infringement. it said. Plaintiffs seek orders enjoining defendants from infringing their copyrighted musical compositions, to pay statutory damages and to pay a reasonable attorney’s fee, plus court costs, it said.