Broadcast Music, Inc. v. Tavern 129 LLC

Background

Broadcast Music, Inc. (BMI), a nonprofit performing-rights organization, and other copyright owners sued Tavern 129 LLC and Andre Matthew Klonecki. The plaintiffs alleged that Tavern 129, a bar in Winona, Minnesota, publicly performed seven copyrighted musical compositions without a license or permission. The alleged performances occurred on January 15 and February 15, 2019. The complaint also alleged that Klonecki operated and managed Tavern 129, had a direct financial interest in it, and could supervise its activities.

BMI alleged that it contacted the defendants more than 30 times beginning in December 2017, including informational letters, cease-and-desist letters, and telephone calls explaining the need for a license. The defendants allegedly continued to perform music from BMI’s repertoire without authorization. The clerk entered the defendants’ default after they were served with the summons and complaint and did not respond or otherwise appear.

Default judgment and liability

A default judgment is a judgment entered when a party does not defend the case. The court explained that default generally makes the complaint’s factual allegations true, except allegations about the amount of damages. The court still had to decide whether those facts stated a valid legal claim.

The court found that the allegations established copyright infringement. The plaintiffs identified seven registered original musical compositions, alleged ownership of the copyrights, and alleged that the defendants publicly performed the compositions without a license or permission. The court therefore found that the plaintiffs had stated legitimate copyright-infringement claims.

Damages and other relief

The court found that the defendants’ infringement was willful because they continued the conduct despite BMI’s repeated communications and warnings. It awarded $28,800 in statutory damages under 17 U.S.C. § 504(c), or $4,114.29 for each of the seven infringements. The court considered the amount reasonable because it was approximately three times the licensing fees the plaintiffs said they had lost or would have received.

The court also granted the plaintiffs’ request for $1,408 in attorneys’ fees and $972.30 in costs, for a combined award of $2,380.30 under 17 U.S.C. § 505. It awarded post-judgment interest at 0.05% per year, beginning when judgment was entered and continuing until the judgment was satisfied.

The court granted a permanent injunction under 17 U.S.C. § 502(a). The injunction bars Tavern 129 LLC, Klonecki, and their agents, employees, servants, and others acting with their permission or authority from infringing, in any way, the copyrighted musical compositions licensed by BMI.

Order

The court granted the plaintiffs’ Motion for Default Judgment. Tavern 129 LLC and Andre Matthew Klonecki are jointly and severally liable for the statutory damages, costs and attorneys’ fees, and post-judgment interest described above. The permanent injunction also applies to persons acting under their permission or authority. Judge Eric C. Tostrud ordered that judgment be entered accordingly.