Broadcast Music, Inc. et al. v. Brew Associates, LLC et al. (D. Me. 22-cv-00133).

Broadcast Music, Inc. (BMI) is one of two major music licensing entities (ASCAP being the other), and controls public performance rights in about 15 million copyrighted songs.  BMI says that Brew Associates, which operates Portland’s Gritty McDuff’s establishment, infringed a number of BMI-managed copyrights by allowing bands to perform them in the bar.  BMI says that it contacted Gritty’s more than 65 times since 2018 regarding taking a license covering BMI’s catalog, and says that Gritty’s infringement is therefore willful.  The particular songs were performed in May 2019, meaning that BMI sought to have Gritty’s obtain a license until the three-year statute of limitations was close to expiration.  BMI also accuses Brew Associates’ members Richard Pfeffer and Edward Stebbins, Jr. of infringement, based on their responsibility in managing Gritty’s and their direct financial interest in the bar.