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BMI Cranks Up the Volume in Another Lawsuit Over Unauthorized Jams: Broadcast Music, Inc v. Mikie’s Pub

Broadcast Music, Inc. (BMI) along with several music publishers have filed yet another lawsuit in Indiana this year (previous lawsuit), this time against 5135 Emerson LLC, which operates Mikie’s Pub in Indianapolis, and against an individual named Scott Coyle. The plaintiffs allege that the defendants publicly played copyrighted songs from the BMI catalog without securing the necessary license.

According to the complaint, BMI is authorized to license performance rights for more than 22 million musical works and represents the other named plaintiffs, each of whom owns rights to one or more of the songs allegedly played without permission. BMI claims it contacted the defendants more than 75 times since January 2024 via phone, email, and mail—including sending cease and desist notices—in an effort to secure compliance and avoid legal action.

Despite these warnings, the lawsuit alleges that Mikie’s Pub continued to publicly perform music without a proper license, leading to three specific instances of copyright infringement. The complaint details the titles of the songs involved, the dates they were played, and the fact that no permission or license was obtained. BMI argues that these acts were willful and part of an ongoing pattern of infringement.

The plaintiffs are seeking an injunction to prevent further unauthorized use of their music, statutory damages, legal fees, and any other relief the court finds appropriate. They argue that without court intervention, they will continue to suffer financial harm and irreparable damage to their rights.

The case has been assigned to Judge Tanya Walton Pratt and Magistrate Judge Mark J. Dinsmore in the U.S. District Court of Southern Indiana Case No. 1:25-cv-01131.

Complaint

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