Rockville, Indiana – Plaintiffs, Broadcast Music Inc. (“BMI”), Cotillion Music, Inc., Terry Stafford Music Co., House of Cash, Inc., Sony/ATV Songs LLC d/b/a Sony/ATV Tree Publishing, Round Hill Music LP d/b/a Round Hill Works, Tokeco Tunes, EMI Blackwood Music Inc., Warner-Tamerlane Publishing Corp., Lucky Thumb Music, Noah’s Little Boat Music, Sea Gayle, Music LLC d/b/a New Songs of Sea Gayle, Eldorotto Music Publishing, Big Glass Hitties, Spirit Music Group Inc. d/b/a Spirit of Nashville One have allegedly contacted Thirty Six Saloon, LLC d/b/a Thirty Six Saloon and Mark Vanderheyden over 35 times since April 2019 to discuss their obligations under the Copyright Act without success.
According to the Complaint, Thirty Six Saloon failed to purchase a license for several performances of musical compositions in the BMI repertoire. A schedule attached to the Complaint, identifies the following four (4) musical compositions whose copyrights were allegedly infringed upon on November 27, 2019 by the Defendants:
- Amarillo by Morning, written by Terry Stafford and Paul Frasier, registered August 2, 1973 and April 16, 1982 by Cotillion Music, Inc., and Nancy Hall Stafford, an individual d/b/a Terry Stafford Music Co.
- Folsom Prison a/k/a Folsom Prison Blues, written by John R. Cash a/k/a Johnny Cash, registered in February 13, 1984, January 13, 1983, September 14, 1956, and November 30, 1955 by Publisher House of Cash, Inc.
- I Love This Bar, written by Scott Emerick and Toby Keith, registered on October 16, 2008 and March 11, 2009 by Sony/ATV Songs LLC d/b/a Sony/ATV Tree Publishing, Round Hill Music LP d/b/a Round Hill Works, and Toby Keith Covel, an individual d/b/a Tokeco Tunes
- In Color, written by Jamey Johnson, Lee Thomas Miller a/k/a Lee Thomas, and James Otto, registered October 16, 2008 and March 11, 2009 by EMI Blackwood Music, Inc. Warner-Tamerlane Publishing Corp., Cory J. Gieman d/b/a Lucky Thumb Music, Lee Thomas Miller d/b/a Noah’s Little Boat Music, Sea Gayle Music LLC d/b/a New Songs of Sea Gayle, James Allen Otto d/b/a Eldorotto Music Publishing, Jamey Van Johnson d/b/a Big Glass Hitties, and Spirit Music Group Inc. d/b/a Spirit of Nashville One
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 Defendants 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 R. Sweeney and Magistrate Judge Mark J. Dinsmore in the Terre Haute Division of the Southern District of Indiana and assigned Case: 2:22-cv-00305-JRS-MJD.