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Plaintiffs Allege New Orleans Establishment Engaged in Copyright Infringement

LOUISIANA RECORD

Wednesday, April 16, 2025

Plaintiffs Allege New Orleans Establishment Engaged in Copyright Infringement

Federal Court
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U.S. District Court for the Eastern District of Louisiana | Official website

Broadcast Music, Inc. has filed a lawsuit against a New Orleans establishment for alleged copyright infringement, claiming the unauthorized public performance of several musical compositions. The complaint was filed on March 31, 2025, in the United States District Court for the Eastern District of Louisiana against 1135 Saint FQ LLC, doing business as Santos, and its manager Benjamin Lee.

The plaintiffs in this case include Broadcast Music, Inc. (BMI), Stone Diamond Music Corp., Sony/ATV Songs LLC d/b/a Sony/ATV Tree Publishing, and EMI Blackwood Music Inc. They allege that the defendants have been infringing on their copyrights by performing songs from the BMI repertoire without obtaining the necessary licenses. According to the complaint, BMI has made over forty attempts since June 2023 to inform and educate the defendants about their obligations under the Copyright Act regarding licensing requirements for public performances of musical compositions. Despite these efforts, including sending Cease and Desist Notices, the defendants allegedly continued to perform copyrighted music at their establishment.

The plaintiffs claim three instances of willful copyright infringement involving songs such as "Stop In The Name Of Love," "Workin’ Man Blues," and "You Know I'm No Good." Each song is linked to specific dates of infringement in February 2025 at Santos. The complaint details that each composition's copyright registration was duly obtained and that BMI holds licensing rights for public performances while other plaintiffs own the respective copyrights.

The lawsuit seeks an injunction to prevent further unauthorized performances by Santos and its affiliates. Additionally, it demands statutory damages as outlined under 17 U.S.C. Section 504(c), along with coverage of legal costs including reasonable attorney fees per 17 U.S.C. Section 505. The plaintiffs argue that without court intervention, they will suffer irreparable harm due to ongoing infringements.

Representing the plaintiffs are attorneys Mark A. Balkin and Joseph C. Chautin II from Hardy, Carey, Chautin & Balkin LLP based in Mandeville, Louisiana. The case has been assigned Civil Action No.: 25-cv-622.

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