BMI Sues Fishers Bar for Copyright Infringement of Counting Crow’s Mister Jones and Other Songs

Indianapolis, IN – Copyright attorneys for Broadcast Music, Inc. (BMI) New York, New York, along with Adult Music, BMI.jpgGems-EMI Music, Inc., Universal-Songs of Polygram International, Inc., EMI Blackwood Music, Inc. and Counting Crows, LLC d/b/a Jones Falls Music have filed a copyright infringement suit in Southern District of Indiana alleging C & R Restaurants, LLC of Fishers, Indiana infringed the copyrighted works I want you to be me by Rick Neilsen, Jessie’s Girl by Rick Springfield, and Mr. Jones a/k/a Mister Jones by Adam Duritz, David Bryson, Matt Walley, Charlie Gillingham and Steve Bowman which have been registered by the US Copyright Office.

The complaint states C & R operates a restaurant called Casler’s Kitchen and Bar in Fishers. BMI has also named the owner of C & R, Enrique Fonseca, as a defendant in the lawsuit, stating that he had the right and ability to control the alleged infringement and financially benefitted from the alleged infringement. The complaint alleges that three copyrighted works were performed at Casler’s Kitchen & Bar on August 27, 2011 without a license or authorization from the copyright owners. BMI is seeking an injunction, damages, attorney fees and costs.

Practice Tip: In this case, the plaintiffs have sued the owner of alleging C & R Restaurants, LLC personally as well as the corporate entity. Copyright laws allow an officer of a corporation to be held liable for the corporation’s copyright infringement if the officer contributes to the infringement by inducing or encouraging the infringement. An officer can also be liable for copyright infringement if the officer supervises the infringing conduct and has a direct financial benefit from the infringement.

This case has been assigned to Judge Tanya Walton Pratt and Magistrate Judge Mark J. Dinsmore in the Southern District of Indiana, and assigned Case No. 1:11-cv-00944-TWP-MJD.Broadcast Music Complaint(function() { var scribd = document.createElement(“script”); scribd.type = “text/javascript”; scribd.async = true; scribd.src = “https://www.scribd.com/javascripts/embed_code/inject.js”; var s = document.getElementsByTagName(“script”)[0]; s.parentNode.insertBefore(scribd, s); })();

Further Information about the case is as follows:

Filed: February 10, 2012 as 1:2012cv00181 Updated: February 10, 2012 21:36:08 Plaintiffs: ADULT MUSIC, BROADCAST MUSIC, INC., COUNTING CROWS, LLC, EMI BLACKWOOD MUSIC INC., SCREEN GEMS-EMI MUSIC, INC. and othersDefendants: C & R RESTAURANTS LLC and ENRIQUE FONSECACause Of Action: Copyright InfringementCourt: Seventh Circuit > Indiana > Southern District Court Type: Intellectual Property > Copyrights

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