Broadcast Music, Inc. et al. v. Farm to Fork Restaurants, LLC d/b/a Farm to Fork et al., Civil Action No. 4:22-cv-00141-JPB (N.D. Ga. June 28, 2022)

On June 28, 2022, Plaintiffs Broadcast Music, Inc., Welsh Witch Music, Primary Wave Bops, Velvet Apple Music, Combine Music Corp., Universal – Songs of Polygram International, Inc., Buzzard Rock Music, and Songs of Universal, Inc. filed suit for copyright infringement against Defendants Farm to Fork Restaurants, LLC d/b/a Farm to Fork and Hugh Harris in the Northern District of Georgia (Rome Division). Plaintiffs are owners and licensees of copyrighted musical compositions (the “BMI Repertoire”). Defendants own and operate a restaurant in which musical compositions are publicly performed. The Complaint alleges that Plaintiffs have reached out to Defendants more than 70 times since September 2018 through, inter alia, cease and desist letters, phone calls, and in-person visits “in an effort to educate Defendants as to their obligations under the Copyright Act with respect to the necessity of purchasing a license for the public performance of musical compositions in the BMI Repertoire. Despite Plaintiffs’ efforts, the Complaint alleges Defendants have continued their unauthorized public performance of copyrighted musical compositions and committed seven counts of willful copyright infringement. Attached to the Complaint is a schedule listing “some of the many musical compositions” allegedly infringed by Defendants, including the creator, title, and publisher of the composition, and providing information about each of the seven instances of copyright infringement allegedly committed by Defendants. Plaintiffs allege that Defendants’ unauthorized public performances of the copyrighted musical compositions have “caused and are causing Plaintiffs great and incalculable damage.” Plaintiffs seek an injunction preventing Defendants from further performance of the copyrighted compositions, statutory damages pursuant to 17 U.S.C. 504(c), attorney’s fees, and costs. The case has been assigned to Judge Jean-Paul Boulee.