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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: BMI

What a BMI Bar Case Is (and Why This Blog Will Usually Skip Them)

05 Monday Oct 2026

Posted by Kenan Farrell in Copyright, Indiana, Intellectual Property, Litigation

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BMI, Copyright Infringement, Litigation Update

Broadcast Music, Inc. licenses the public performance of songs in its repertoire. When a bar, restaurant, or grill plays that music without a license, BMI and the publishers sue. The complaint names the venue and, often, the owners. It lists a handful of songs performed on a given night. It asks for statutory damages, an injunction, and fees. Indiana federal courts see these cases on a regular basis. The latest is Broadcast Music, Inc. v. Dagger’z Bar and Grill LLC, 4:26-cv-00265, filed September 24, 2026, against the Jeffersonville bar and two individuals.

That is the whole pattern. There is no fight over who wrote the songs, no fair-use argument that goes anywhere, and rarely an answer. The defendant takes a license, settles, or defaults. A consent judgment or a default judgment follows. The docket is short because the legal question is short: the songs were performed in public, and there was no license.

This blog is for named local disputes with something to read – a mark, a specimen, a story that is not the same story as last year’s bar. A BMI filing is technically a copyright lawsuit, and thus we don’t want to ignore them completely. However, they will no longer get their own post. If one of the BMI lawsuits turns into a real contest over ownership or a defense that is not “we will pay,” that one might earn a write-up. Until then, BMI cases will just appear in the monthly updates.

Stay tuned for new cases with something left to say after the complaint.


Kenan L. Farrell, KLF Legal, Indianapolis

BMI sues Rockville Bar for Copyright Infringement

02 Tuesday Aug 2022

Posted by Kenan Farrell in Copyright, Indiana, Intellectual Property, Litigation, Musicians, Southern District of Indiana

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BMI, Copyright Infringement, James R. Sweeney II, Mark J. Dinsmore

BMI has found another target in Indiana. This time it’s the Thirty Six Saloon, a relaxed roadhouse alongside US-36 in Rockville, Indiana, home of the Parke County Covered Bridge Festival.

BMI allegedly reached out to the Defendants over thirty-five (35) times since April 2019 in an attempt to sell them the required public performance license to play music in the roadhouse. With no apparent satisfactory response, BMI now brings a lawsuit with 4 claims of copyright infringement based on the following playlist being performed at Thirty Six Saloon without a license on November 27, 2019 (the night before Thanksgiving):

Stay tuned for updates.

Broadcast Music, Inc. et al. v. Thirty-Six Saloon, LLC d/b/a Thirty Six Saloon Et al.

Case Number: 2:22-cv-00305-JRS-MJD
File Date: July 27, 2022
Plaintiff: Broadcast Music, Inc.; Cotillion Music, Inc.; Terry Stafford Music Co.; House of Cash, Inc.; Sony/ATV Songs LLC d/b/a Sony/ATV Tree Publishing; Round Hill Music LP d/b/a Round Hill Works; Tokeco Tunes; EMI Blackwood Music Inc.; Warner-Tamerlane Publishing Corp.; Lucky Thumb Music; Noah’s Little Boat Music; Sea Gayle Music LLC d/b/a New Songs of Sea Gayle; Eldorotto Music Publishing; Big Gassed Hitties; Spirit Music Group Inc. d/b/a Spirit of Nashville One
Plaintiff Counsel: April A. Wimberg of Dentons Bingham Greenebaum
Defendant: Thirty-Six Saloon, LLC d/b/a Thirty Six Saloon; Mark Vanderheyden
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: James R. Sweeney II
Referred To: Mark J. Dinsmore

Complaint:

View this document on Scribd

Indiana Copyright Litigation Update – Broadcast Music v. B & D Restaurants

22 Wednesday Feb 2012

Posted by Kenan Farrell in Intellectual Property

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BMI, Copyright Infringement, EMI, Southern District of Indiana

Broadcast Music Inc. et al v. B & D Restaurants Inc. et al

Court Case Number: 1:12-cv-00228-RLY-MJD
File Date: Tuesday, February 21, 2012
Plaintiff: Broadcast Music Inc., Abkco Music Inc., Screen Gems-EMI Music Inc., Jay-Boy Music Corp.
Plaintiff Counsel: Peter J. Prettyman of Taft Stettinius & Hollister LLP
Defendant: B & D Restaurants Inc., Nicholas Himes, David R. Himes
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Mark J. Dinsmore

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Indiana Copyright Litigation Update – BMI v. C & R Restaurants

11 Saturday Feb 2012

Posted by Kenan Farrell in Copyright, Intellectual Property, Litigation, Southern District of Indiana

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BMI, C & R, Copyright Infringement, Denise K. LaRue, EMI, Taft, Tanya Walton Pratt

Indiana Copyright Litigation Update – Broadcast Music Inc. et al v. C & R Restaurants LLC et al

Another BMI case. Another restaurant making an unauthorized public performance of musical compositions. This time BMI is after Casler’s Kitchen and Bar of Fishers, Indiana for playing just three songs ( I Want You to Want Me, Jessie’s Girl and Mr. Jones).

Court Case Number: 1:12-cv-00181-TWP-DKL
File Date: Friday, February 10, 2012
Plaintiff: Broadcast Music Inc., Adult Music, Screen Gems-EMI Music Inc., Universal-Songs of Polygram International, Inc., EMI Blackwood Music Inc., Counting Crows LLC
Plaintiff Counsel: Peter J. Prettyman of Taft Stettinius & Hollister LLP
Defendant: C & R Restaurants LLC, Enrique Fonseca
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Denise K. LaRue

View this document on Scribd

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