Indiana Copyright Litigation: BMI Music Sues Michigan City Restaurant Over Song Copyrights

BlogPhoto-2Fort Wayne, Indiana – Attorneys for Plaintiffs, Broadcast Music, Inc., of New York, New York, EMI Consortium Songs Inc. d/b/a/ EMI Longitude Music Co., EMI Blackwood Music, Inc., Universal Music-Z Tunes LLC d/b/a/ Universal Music Z Songs, Warner-Tamerlane Publishing Corporation., Lion Aire Publishing, Young Money Publishing, Inc., Collipark Music, Soar Loser Music, DA Crippler Publishing, E W C Publishing Co. filed suit in the Northern District of Indiana alleging that Defendants, MBK Holdings Inc. d/b/a/ Matey’s a/k/a Matey’s Restaurant and Bar, of Michigan City, IN Bryan Konieczny, of Plainfield, IL, and Mark Kehoskie, of Downers Grove, IL infringed its rights in the following musical compositions:

Musical Composition Registration and Date of Registration
Boogie Shoes Eu 606202, PA 10-277, August 18, 1975, March 27, 1978
Song 2 PA 781-334, PA 906-749, July 3, 1997, August 6, 1998
Ignition PA 1-130-236, February 4, 2003
Let It Rock PA 1-624-274, February 18, 2009
Ms. New Booty PA 1-163-734, March 2, 2006

Plaintiff BMI is a music publishing corporation that has the rights to license and publish millions of songs. Defendant MBK Holdings owns and operates the restaurant Matey’s Restaurant and Bar in Michigan City.

Plaintiffs are suing for copyright infringement of these 5 musical compositions based on live performances of the songs conducted at Matey’s. Plaintiff alleges that the Defendants either conducted the performances or caused them to be conducted at the establishment.

Plaintiff alleges that they have reached out to Defendants over 85 times “in an effort to educate Defendants as to their obligations under the Copyright Act with respect to the necessity of purchasing a license for the public performance of musical compositions in the BMI Repertoire.”

Plaintiff formally seeks that the Defendants be enjoined from performing the musical compositions, statutory damages, and attorney’s fees.

The case was assigned District Judge Philip P. Simon and Magistrate Judge Michael G. Gotsch, Sr.  in the Northern District of Indiana and assigned Case 3:18-cv-00085-PPS-MGG.


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