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11th Circuit Says Copyright Co-Owner Can File Own Suit

By Stan Soocher
November 30, 2014

In upholding a statutory damages award against a tavern owner who failed to obtain a public performance license for music used in the venue, the U.S. Court of Appeals for the Eleventh Circuit formally embraced the principle that a co-owner of a copyright may sue for infringement. Broadcast Music Inc. (BMI) v. Evie's Tavern Ellenton Inc., 13-15871. Though a footnote to its main ruling, the appeals court stated that the performing rights organization BMI “was able to maintain copyright infringement actions for each title by establishing a valid license with at least one co-owner of each song that is a party to this case. Previously, the Eleventh Circuit has not explicitly adopted the rule set forth by the Second Circuit in Davis v. Blige, 505 F.3d 90, 99 (2d Cir. 2007), that a copyright co-owner may maintain and recover in a copyright infringement action without joining other co-owners. We do so now.”

The tavern operator had also challenged the chains of title of the songs at issue. But the Eleventh Circuit noted: “[B]ecause the district court properly granted summary judgment in BMI's favor on each title, any error in granting summary judgment to other [plaintiffs] was harmless.”

Stan Soocher is Editor-in-Chief of Entertainment Law & Finance and a tenured Associate Professor of Music & Entertainment Industry Studies at the University of Colorado's Denver Campus. He is the 2014 recipient of the State Bar of Texas Entertainment & Sports Law Section's 'Texas Star Award.' Stan can be reached at [email protected] or via www. stansoocher.com.

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