BMI, 3 Publishers Sue to Stop S.C. Brew Pub From Infringing Their Copyrights

Crafty Cat Brewing Concern is liable for three claims of willful copyright infringement, based on its unauthorized public performance of musical compositions from the BMI repertoire, alleged BMI and three music publishers in a complaint Tuesday in U.S. District Court for South Carolina in Spartanburg. All the claims for copyright infringement joined in the complaint “are governed by the same legal rules and involve similar facts,” it said. Crafty Cat runs the Peach City Brewery in Gaffney, South Carolina. BMI has reached out to Crafty Cat and its owner, Aaron Burton, more than 80 times since December 2022 in an effort to educate them about their 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. Included in the correspondence were cease and desist notices, providing Crafty Cat and Burton with formal notice “that they must immediately cease” all use of BMI-licensed music in the Peach City Brewery, it said. The specific acts of copyright infringement alleged in the complaint, plus the defendants’ entire course of conduct, have caused and are causing the plaintiffs “great and incalculable damage,” it said. By continuing to provide unauthorized public performances of works in the BMI repertoire at the establishment, the defendants “threaten to continue committing copyright infringement,” it said. Unless the court restrains the defendants from committing further acts of copyright infringement, the plaintiffs “will suffer irreparable injury for which they have no adequate remedy at law,” it said.