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Intellectual Property
Copyright Infringement
Licensed Musical Compositions

Broadcast Music Inc., Sony/ATV Songs LLC, EMI Virgin Songs Inc., MJ Twelve Music, Welsh Witch Music, Moebetoblem Music, E.O. Smith Music v. Angela Marie Crawford dba McMurphy's Irish Pub

Published: Jun. 28, 2014 | Result Date: Mar. 28, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 1:12-cv-01903-JLT Summary Judgment –  $19,642

Court

USDC Eastern


Attorneys

Plaintiff

Ann Marie Mori
(TroyGould PC)


Defendant

William L. Alexander


Facts

Broadcast Music Inc., Sony/ATV Songs LLC, EMI Virgin Songs Inc., MJ Twelve Music, Welsh Witch Music, Moebetoblem Music, and E.O. Smith Music sued Angela Marie Crawford dba McMurphy's Irish Pub.

Contentions

PLAINTIFFS' CONTENTIONS:
Broadcast Music alleged that it was a "performing rights society" that licenses the right to publicly perform copyrighted musical composition works on behalf of the copyright owners of those works. Broadcast Music alleged that the non-Broadcast Music plaintiffs were the owners of the copyright for songs that plaintiffs alleged were publicly performed without a license or permission to do so at defendant's pub. Plaintiffs accused defendant of copyright infringement. Plaintiffs also moved for summary judgment.

DEFENDANT'S CONTENTIONS:
Crawford did not dispute that songs were played at her pub, but nevertheless asserted that the songs, which were played by a jukebox, did not constitute a live performance.
Crawford asserted that there could be no infringement because the jukebox was licensed through the Jukebox Licensing Organization.

Result

The court granted plaintiffs' motion for summary judgment, because the subject songs were played publicly at Crawford's pub, and she indisputably did not obtain permission to play those songs. The court found that Crawford committed copyright infringement, and awarded plaintiffs $8,080 in damages. In addition, the court also issued a permanent injunction, enjoining Crawford from further infringing plaintiffs' copyright. The court also awarded $11,000 in attorney fees and costs, as well as $562 in costs.


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