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BMI v Irish Complaint

BMI v Irish Complaint

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Published by pauloverhauser
BMI v Irish Complaint
BMI v Irish Complaint

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Published by: pauloverhauser on Apr 18, 2014
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04/18/2014

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UNITEDSTATESDISTRICTCOURTSOUTHERNDISTRICTOFINDIANANEWALBANYDIVISION
BROADCAST MUSIC, INC.; )SONY/ATV SONGS LLC; )FALL OUT BOY INC. d/b/a )CHICAGO X SOFTCORE )SONGS; BEECHWOOD MUSIC )CORPORATION; UNIVERSAL )MUSIC-Z TUNES LLC d/b/a )UNIVERSAL MUSIC Z SONGS; ))Plaintiffs, ) CIVIL ACTION NO.: 4:14-cv-30)v. ))THE IRISH EXIT, LLC )d/b/a THE IRISH EXIT; )and MATTHEW MCMAHAN, )individually, ))Defendants. )
VERIFIEDCOMPLAINT
Plaintiffs, by their attorneys, for their Complaint against Defendants, allege as follows (onknowledge as to Plaintiffs; otherwise on information and belief):JURISDICTION AND VENUE1. This is a suit for copyright infringement under the United States Copyright Act of 1976, as amended, 17 U.S.C. Sections 101
 et seq
. (the "Copyright Act"). This Court has jurisdiction pursuant to 28 U.S.C. Section 1338(a).2. Venue is proper in this judicial district pursuant to 28 U.S.C. Section 1400(a).THE PARTIES3. Plaintiff Broadcast Music, Inc. (“BMI”) is a corporation organized and existingunder the laws of the State of New York. BMI's principal place of business is 7 World Trade
Case 4:14-cv-00030-TWP-DML Document 1 Filed 04/14/14 Page 1 of 8 PageID #: 1
 
2Center, 250 Greenwich Street, New York, New York 10007. BMI has been granted the right tolicense the public performance rights in approximately 8.5 million copyrighted musicalcompositions (the "BMI Repertoire"), and currently includes all of those which are alleged herein tohave been infringed.4. The Plaintiffs other than BMI are the owners of the copyrights in the musicalcompositions, which are the subject of this lawsuit. All Plaintiffs are joined pursuant to Fed. R. Civ.P. 17(a) and 19(a).5. Plaintiff Sony/ATV Songs LLC is a limited liability company. This Plaintiff is thecopyright owner of at least one of the songs in this matter.6. Plaintiff Fall Out Boy Inc. is a corporation doing business as Chicago X SoftcoreSongs. This Plaintiff is the copyright owner of at least one of the songs in this matter.7. Plaintiff Beechwood Music Corporation is a corporation. This Plaintiff is thecopyright owner of at least one of the songs in this matter.8. Plaintiff Universal Music-Z Tunes LLC is a limited liability company doing business as Universal Music Z Songs. This Plaintiff is the copyright owner of at least one of thesongs in this matter.9. Defendant The Irish Exit, LLC is a limited liability company organized and existingunder the laws of the state of Indiana which operates, maintains and controls an establishmentknown as The Irish Exit, located at 207 East Main Street, New Albany, IN 47150-5893 in thisdistrict (the “Establishment”).10. In connection with the operation of the Establishment, Defendant The Irish Exit,LLC publicly performs musical compositions and/or causes musical compositions to be publicly performed.11. Defendant The Irish Exit, LLC has a direct financial interest in the Establishment.
Case 4:14-cv-00030-TWP-DML Document 1 Filed 04/14/14 Page 2 of 8 PageID #: 2
 
312. Defendant Matthew McMahan is the member of Defendant The Irish Exit, LLCwith responsibility for the operation and management of that limited liability company and theEstablishment.13. Defendant Matthew McMahan has the right and ability to supervise the activities oDefendant The Irish Exit, LLC and a direct financial interest in that limited liability company, andthe Establishment.CLAIMS OF COPYRIGHT INFRINGEMENT14. Plaintiffs repeat and reallege each of the allegations contained in paragraphs 1through 13.15. Plaintiffs allege three (3) claims of willful copyright infringement, based uponDefendants' unauthorized public performance of musical compositions owned and/or licensed bythe Plaintiffs. All of the claims for copyright infringement joined in this Complaint are governed bythe same legal rules and involve similar facts. Joinder of these claims will promote the convenientadministration of justice and will avoid a multiplicity of separate, similar actions againstDefendants.16. Annexed to this Complaint as a schedule (the “Schedule”) and incorporated herein isa list identifying some of the many musical compositions whose copyrights were infringed byDefendants. The Schedule contains information on the three (3) claims of copyright infringement atissue in this action. Each numbered claim has the following eight lines of information (all referencesto “Lines” are lines on the Schedule): Line 1 providing the claim number; Line 2 listing the title of the musical composition related to that claim; Line 3 identifying the writer(s) of the musicalcomposition; Line 4 identifying the publisher(s) of the musical composition and the plaintiff(s) inthis action pursuing the claim at issue; Line 5 providing the date on which the copyright registrationwas issued for the musical composition; Line 6 indicating the copyright registration number(s) for 
Case 4:14-cv-00030-TWP-DML Document 1 Filed 04/14/14 Page 3 of 8 PageID #: 3

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