Docket No. 21-3.) It grants music users – like broadcasters, music halls, bars, and nightclubs – the right to publicly perform any of the works in BMI’s repertoire, which includessongs from each of the other plaintiffs in this action. (Id., ¶ 3, 4) According to BMI, it sent 26 letters and made 90 phone calls to Haibo Jianginforming him that he needed to retain a licensing agreement before its songs could beperformed at Yings. (Id., ¶ 19.) However, Haibo Jiang, who is the sole shareholder of Haibo, Inc., which in turn owns and operates Yings, a bar and restaurant in Tonawanda,New York, ignored these entreaties and did not enter into a licensing agreement with BMInor any of the plaintiffs. (Id., ¶ 12.)It is undisputed that on November 14 and15, 2009, BMI sent a “logger” – a BMIauthorized agent whose duty is to record unlicenced performances – to Yings to determineif Haibo was violating its members’ copyrights. The logger, Michael Nelson, heard threesongs publicly performed, “Landslide,” “Travelin’ Soldier,” and “Play Something Country,”which required a license that Haibo did not have. (Id., ¶ 15.) Plaintiffs also claim that onDecember 22 and 23, 2009, BMI’s logger, Mitchell Greco, heard five other songs that itowned the licensing rights to: “Can’t Take My Eyes Off of You,” “Piece of My Heart,”“Sympathy for the Devil,” “Glycerine,” and “Do You Realize.”
(Id., ¶ 16.)
B. Procedural History
Plaintiffs filed a complaint in this Court on March 22, 2010. (Docket No. 1.)Defendants answered on April 30, 2010. (Docket No. 8.) Thereafter, Plaintiffs moved for
It appears that BMI sent loggers to Yings on only two occasions, but BMI identifies each occasionwith two calender days because the loggers stayed past midnight on November 14 and December 22. For the sake of clarity and concision, this Court will hereupon refer only to the date on which the loggers firstarrived at Yings.