Broadcast Music, Inc. v. Evie's Tavern Ellenton, Inc.
772 F.3d 1254
| 11th Cir. | 2014Background
- BMI is a performing rights organization that licenses public performance rights and enforces them through lawsuits; BMI claims it holds a sole authority to sue on infringements for licensed titles; district court granted summary judgment for BMI on five titles; appellants dispute chain-of-title and argue innocent infringement; district court awarded damages, fees, and a permanent injunction and this appeal follows.
- Appellants challenged whether BMI and co-owners validly owned the copyrights for the five titles and whether there were material facts in the chain of title; BMI's licensing structure allows BMI to pursue infringement actions for its co-owners’ titles; some co-owners’ joinder issues were argued but BMI argued it could sue with at least one co-owner.
- Court noted that co-ownership allows independent licensing rights and BMI’s agreements shift costs and benefits to BMI; the appeal concerns five titles with BMI seeking to affirm summary judgments.
- Court applied de novo standard for summary judgment and abuse-of-discretion standard for damages, fees, and injunction.
- Overall, the court affirmed the district court’s judgments on all five titles, damages, attorneys’ fees, and the permanent injunction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Chain of title adequacy for five titles | BMI proves valid license via co-owner agreements | Appellants allege genuine chain-of-title issues | Summary judgment affirmed on five titles; harmless error where Sony’s joinder was involved |
| Innocent infringement relevance to liability | Innocence not required for liability or damages within §504 | Innocence should reduce damages | Damages within statutory range; no abuse of discretion; innocence not required to sustain liability or reduce damages |
| Attorneys’ fees award reasonableness | Fees justified by knowledge and contested action | Fees too burdensome given modest dispute | Fees affirmed; district court did not abuse discretion |
| Permanent injunction proper under eBay factors | Injury irreparable and public interest served | No explicit factor findings | Injunction affirmed; district court properly evaluated four eBay factors |
Key Cases Cited
- Davis v. Blige, 505 F.3d 90 (2d Cir. 2007) (co-owner may maintain action without joining all co-owners)
- Cable/Home Commc’n Corp. v. Network Prods., Inc., 902 F.2d 829 (11th Cir. 1990) (discretion in awarding damages within statutory range)
- eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006) (injunctions require four-eBay-factor analysis)
- Montgomery v. Noga, 168 F.3d 1282 (11th Cir. 1999) (abuse-of-discretion standard for fee awards)
- In re Rasberry, 24 F.3d 159 (11th Cir. 1994) (abuse-of-discretion review in certain district court decisions)
- F.W. Woolworth Co. v. Contemporary Arts, 344 U.S. 228 (1952) (factors for calculating damages and deterrence in copyright cases)
- Quartet Music v. Kissimmee Broad., Inc., 795 F. Supp. 1100 (M.D. Fla. 1992) (district court discretion in damages)
- Cass Country Music Co. v. C.H.L.R., Inc., 88 F.3d 635 (8th Cir. 1996) (willfulness not required for liability in some cases)