Search bmi repertoire11/28/2023 ![]() The karaoke nights occurred once a month for approximately four hours per night. During these events, recorded music was played through the same sound system utilized by the juke box. Defendants contend, however, that there is a juke box on the premises and that the juke box owner had a license with BMI which authorized BMI-licensed songs to be played publicly via the juke box.Īpparently, during late 1993 and early 1994, the Fairport Village Inn offered "karaoke" nights. ![]() (See Declaration, Robert Avino).ĭefendants do not dispute that BMI-licensed songs were played at the Fairport Village Inn on the days in question. In total, the investigator claimed that twenty-five songs from the BMI repertoire were performed during the days in question. Plaintiffs maintain that on December 18-19, 1993 and again on March 26-27, 1994, a BMI investigator visited the Fairport Village Inn and concluded that BMI-licensed songs were being played at the establishment. BMI also contends that it offered to enter into a license agreement with defendants but that defendants neglected or refused to do so. BMI contends that between November 1989 and April 1994, it informed defendants of the need to obtain permission for public performances of copyrighted music. BMI executes blanket license agreements allowing public use and performance of the body of copyrighted works that BMI has permission to license (BMI's "repertoire").īMI claims that defendants publicly performed songs from BMI's repertoire without a license agreement. The copyright owners of the musical compositions involved in the present case permit BMI to license their copyrighted works for public performance. Additionally, plaintiffs claim that Beckwith is individually liable because (1) he had the right and ability to supervise the infringing activity and (2) he had a direct financial interest in such activities.įor the reasons discussed, infra, plaintiffs' motion for summary judgment is granted in part, and denied in part. Plaintiffs contend that the corporate defendant is vicariously liable for the acts of infringement committed at its business establishment. The case is currently before this court on plaintiffs' motion for summary judgment. ("BMI") and the copyright owners of the musical compositions involved in this case brought this action for copyright infringement against WPBK, Inc., doing business as Fairport Village Inn, and Wayne A. Williams, Scolaro, Shulman, Cohen, Lawler & Burstein, Syracuse, NY, for plaintiffs.ĭavid Van Varick, Van Varick and Wood, Pittsford, NY, for defendants.īroadcast Music, Inc. WPBK, INC., d/b/a Fairport Village Inn and Wayne A. The single was released to positive reviews, with Jamie Rowland of Penny Black Music calling the two songs "brilliant examples of folk songwriting." Psychedelic Folk described the A-Side as a "simple but powerful song." Tobias Kahn of The Skinny called the A-side "beautiful", but said that it "fades away too quickly." Track listing Īll songs written by Nina Nastasia.BROADCAST MUSIC, INC., et al., Plaintiffs, "What She Doesn't Know" had been performed as early as 2003, five years before its eventual release. ![]() ![]() The B-side "Your Red Nose" features drumming by Jim White, who collaborated with Nastasia for 2007's You Follow Me. The title track features drumming by Jay Bellerose, who has previously drummed on The Blackened Air and On Leaving. ![]() The two songs on "What She Doesn't Know" were recorded by Steve Albini in Chicago during the sessions for Nastasia's 2006 album On Leaving. The vinyl was limited to 500 copies worldwide. "What She Doesn't Know" is a 7-inch single by American singer-songwriter Nina Nastasia, released on Februby Fat Cat Records. 2008 single by Nina Nastasia "What She Doesn't Know" ![]()
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