Indiana Intellectual Property Law News
Terre Haute, Indiana – Plaintiffs, Broadcast Music Inc. (“BMI”), Peer Music III LTD, Universal – Songs of Polygram International, Inc., Songs of Universal, Inc., EMI Consortium Songs, Inc. d/b/a EMI Longitude Music, Fourteenth Hour Music, Inc., Springtime Music, Inc., EMI Blackwood Music, Inc. Sony/ATV Songs LLC, and Fall out Boy Inc. d/b/a Chicago X Softcore Songs have allegedly contacted Warehouse L.L.C. d/b/a The Verve over 60 times since March 2018 to discuss their obligations under the Copyright Act without success.
According to the Complaint, The Verve failed to purchase a license for multiple public performances of musical compositions in the BMI repertoire. A schedule attached to the Complaint, identifies some of the many musical compositions whose copyrights were allegedly infringed upon in April of 2019 by the Defendant such as:
- Georgia On My Mind, written by Stuart Gorrell and Hoagy Carmichael registered in December of 1957 by Publisher Peermusic III Ltd.
- Gimme Some Loving, written by Steve and Muff Winwood registered in March of 1967 by Publisher Plaintiff Universal – Songs of Polygram International, Inc.
- Gimme Three Steps, written by Allen Collins and Ronnie Van Zant, registered in 1973 and 1977 by Songs of Universal, Inc., EMI Consortium Songs, Inc. d/b/a EMI Longitude Music
- Mustang Sally, written by Bonny Rice, registered in 1993 and 1965 by Fourteenth Hour Music, Inc. and Springtime Music, Inc.
- Tubthumping, written by Nigel Hunter, Darren Hamer, Bruce Duncan, Paul Greco, Judith Abbott, Alice Nutter (aka Anne Holden), Louise Watts, and Allen Whalley, registered in 1998 by EMI Blackwood Music, Inc.
- Sugar, We’re Going Down a/k/a Sugar, We’re Going Down, written by Patrick Stumph, Peter Wentz, Andrew Hurley, and Joseph Trohman, registered in 2005 by Publisher Plaintiffs Sony/ATV Songs LLC, Fall Out Boy Inc. d/b/a Chicago X Softcore Songs
The Plaintiffs are requesting the Defendants be enjoined and restrained from infringing the copyrighted musical compositions licensed by BMI, pursuant to 17 U.S. C. Section 502. BMI is also requesting the Court to order the Plaintiffs to pay damages for copyright infringement pursuant to 17 U.S. C. Section 504(c) and costs, including a reasonable attorney’s fee, pursuant to 17 U.S.C. Section 505.
The case was assigned to District Judge James Patrick Hanlon and Magistrate Judge Doris L. Pryor in the Terre Haute Division of the Southern District of Indiana and assigned Case: 2:22-cv-00136-JPH-DLP.