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Indy club must pay BMI for DJ’s tunes

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A downtown Indianapolis nightclub must pay a tab approaching $20,000 because the club and DJs failed to obtain public-performance licenses after repeated warnings.

Blu Lounge at 240 S. Meridian St. and its operator Shawn Cannon were ordered April 4 to pay $15,000 in statutory damages for intentional copyright infringement plus $4,644 in attorney fees to performing rights society BMI Inc.

BMI sued after repeatedly sending letters for two years and calling the club about the need to gain permission for public performances. The suit names three songs – “Last Night a DJ Saved My Life,” “Show Me Love” and “I’ll Be Around.” In June 2013, BMI sent an agent to the club to record performance of the songs, and the suit followed.

“Blu and Cannon have not responded to the complaint,” U.S. District Chief Judge Richard Young wrote. Default judgment was entered in January and Young’s April 4 order granted BMI’s request for damages plus interest. BMI estimated in the litigation that the club’s annual license fee would have been about $3,861.

BMI licenses the right to publicly perform 7.5 million copyrighted works, according to court documents. The case is Broadcast Music, Inc., et al. v. SC Entertainment, LLC, et al., 1:13-CV-01678.
 

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  1. Number one, only $1 was earmarked as punitives. Most of the $1,950,000 was earmarked as pain and suffering. But I will give you, JS, that sure does sound punitive! Number two, remittitur, for certain, but how does one unring the dinner bell that has now been sounded? Catholic school blood is in the sharktank.

  2. Hi, I had an auto accident on 12/26/2012 on I-65 near Lafayette, IN. I rear hit a semi truck. Meanwhile, I got a traffic ticket. I went to White Superior Court to have a hearing. I thought that I could win the case. I lost. I am not sure if you will be able to reverse the judgment in the White Superior Court. Meanwhile, I will try to let the insurance agency for the truck driver to pay the damages to my car. I wonder if your office is willing to handle the case. Thanks.

  3. Putting aside the question of how they got past the pastoral purpose/ 1st Amendment/ MSJ hurdle-- let me ask this: a million bucks in punitive damages? are you kidding me? absolutely ridiculous. Remittitur.

  4. Compromising precious constitutional rights in order to protect them? Rather like the military intelligence slogan that the town had to be destroyed in order to save it. Looks like Joseph, Mary and Baby Jesus will have quite the eventful Boxing Day this year. Wise men will arrive to find no one to accept their gifts? Oh well, wisdom not all that desired this xmas anyway. Maybe the ACLU and Christian attorneys can work out a "three days every third year" visitation compromise and all of this messy litigation stuff can just be boxed up as well? It is an art form, now isn't it? Thomas More, a man of manifold compromises is undoubtedly cheering on wildly.

  5. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

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