Articles Posted in INSD News

A group of music publishers and copyright owners—including Broadcast Music, Inc. (BMI), Howe Sound Music Publishing LLC, d/b/a Cypress Park Music, House of Cash, Inc., Showbilly Music, Muscle Shoals Sound Publishing Co., Peermusic III Ltd., Sony/ATV Songs LLC, d/b/a Sony/ATV Tree Publishing, Buffalo Prairie Songs, Fame Publishing Company LLC, and Southeastern Publishing LLC—has filed a lawsuit against That Place Bar LLC, and an individual named Scott Coyle. The plaintiffs have made claims of willful copyright infringement, alleging that the bar played or permitted the public performance of songs from the BMI music collection without obtaining the required license.

BMI manages the rights to over 22 million songs and is authorized to grant licenses that allow businesses to play these songs in public. According to the lawsuit, That Place Bar, located in Indianapolis, Indiana and operated by That Place Bar LLC, played music from BMI’s collection without getting the required license. Since March 2024, BMI says it contacted the bar more than 50 times—by phone, email, and mail—to explain the need for a license and to warn them to stop playing the music. These efforts included formal notices ordering them to stop, but the bar allegedly continued to use the music without permission.

The lawsuit includes seven separate claims of copyright infringement, each involving different songs owned by the plaintiffs. It also states that Scott Coyle, as the manager of the bar, had control over the business and a financial interest in its operation. Therefore, he is also being held responsible.

The Plaintiffs, House of Bram, Little Nemo Music, and Major Bob Music Co., through their lawyers, have filed a lawsuit claiming that their copyrights have been violated under U.S. copyright law. Their main argument is that the Defendants allegedly played the Plaintiffs’ copyrighted music in public without permission.

Defendant Franklinsteins, LLC is based in Indiana and operates Bud’s Rockin’ Country Bar and Grill in Evansville, Indiana, where the music in question is said to have been played publicly. The other Defendants, Kerry Chesser, Chad Brady, and Mikala Daly-Shemwell, are individuals involved in managing Franklinsteins. The Plaintiffs claim that all Defendants had control over what happened at Bud’s, including the music performances.

The Plaintiffs are members of ASCAP (the American Society of Composers, Authors, and Publishers), which protects the public performance rights for its members’ music. The complaint states that ASCAP has attempted to contact the Defendants more than 70 times through phone, mail, and email, offering them licenses to play the music. Despite these efforts, the Defendants allegedly refused to agree to the terms, and the Plaintiffs argue that the performances at Bud’s without a license are copyright violations.

August Image, LLC, a company based in New York that represents over 100 photographers, is suing Static Media Inc. (formerly 7Hops.com Inc.) for copyright infringement. The lawsuit involves two photographs owned by photographers Peter Yang and Benedict Evans, who are both represented by August Image. Yang’s photo features Eddie Van Halen and his son Wolfgang, while Evans’ photo shows gamer Tyler “Ninja” Blevins.

The company claims that Static Media used these images without permission on its websites, including Mashed.com and SVG.com, in 2021 and 2020. August Image says Static Media never reached out to get the proper licensing, even though the photos are professional work and not meant to be used freely.

August Image purports to hold the exclusive rights to these photos through agreements with the photographers and argues that Static Media’s actions were a clear violation of copyright. The company is asking for damages, any profits made from using the photos, and for Static Media to cover the legal costs. They also want a court order to stop Static Media from using the images again without permission.