Non-Exclusive Nature of BMI Licensing Arrangements Does Not Block Enforcement

The fact that a performance rights organization holds a non-exclusive right to grant licenses for performance of its members’ works does not deprive it of the right to enforce the relevant copyrights, the U.S. District Court for the District of Arizona ruled March 6 (Broadcast Music Inc. v. McDade & Sons Inc. d/b/a Norton’s Country Corner, D. Ariz., 2:11-cv-01980-BSB, 3/6/13).

Granting summary judgment of infringement, the court also rejected an argument that claims of infringement are nullified by the “promotional value” of public performance of works.

Broadcast Music Inc.—along with the American Society of Composers, Authors, and Publishers ...