BMI Sues to Enforce 6 Claims of Willful Infringement Against N.J. Restaurant

Library IV, a steak and seafood restaurant in Williamstown, New Jersey, and owner Brian O’Keeney are guilty of six claims of willful copyright infringement, based on their unauthorized public performance of musical compositions from the BMI repertoire, alleged BMI and six music publishers in a complaint Friday (docket 3:24-cv-02042) in U.S. District Court for New Jersey in Trenton. The claims for copyright infringement joined in the complaint "are governed by the same legal rules and involve similar facts," said the lawsuit. Joinder of these claims “will promote the convenient administration of justice and will avoid a multiplicity of separate, similar actions” against O’Keeney and his restaurant, it said. BMI has reached out to O’Keeney and his restaurant more than 50 times since February 2023 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 repertoire, it said. Included in the letters were cease and desist warnings, providing them with formal notice that they must immediately cease all use of BMI-licensed music in the establishment, it said.