Broadcast Music, Inc. v. Benchley Ventures, Inc.

131 F. Supp. 3d 1097, 2015 U.S. Dist. LEXIS 122219, 2015 WL 5330853
CourtDistrict Court, W.D. Washington
DecidedSeptember 11, 2015
DocketCase No. C14-1023RAJ
StatusPublished
Cited by1 cases

This text of 131 F. Supp. 3d 1097 (Broadcast Music, Inc. v. Benchley Ventures, Inc.) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Broadcast Music, Inc. v. Benchley Ventures, Inc., 131 F. Supp. 3d 1097, 2015 U.S. Dist. LEXIS 122219, 2015 WL 5330853 (W.D. Wash. 2015).

Opinion

ORDER

RICHARD A. JONES, District Judge.

I. INTRODUCTION

This matter comes before the Court on Plaintiffs’ Motion for Summary Judgment. As set forth below, the Court hereby GRANTS Plaintiffs’ Motion.

II. BACKGROUND

Plaintiff Broadcast Music; Inc. (“BMI”) is a performing rights society, which has been granted the right to license the public performances rights on behalf of the copyright owners for certain copyrighted musical compositions. See Compl. ¶3; Dkt. #24 (Lloyd Decl.) ¶ 2; see also Broad. Music, Inc. v. Columbia Broad, Sys., Inc., 441 U.S. 1, 4, 99 S.Ct. 1551, 60 L.Ed.2d 1 (1979); Broad. Music, Inc. v. McDade & Sons, Inc.,. 928 F.Supp.2d 1120, 1124 (D.Ariz.2013). The .other Plaintiffs are copyright owners of various compositions which are at issue in this action. See Dkt. #24 (Lloyd Decl.) ¶¶3-4. BMI has acquired non-exclusive ■ public performance rights from each.of the other Plaintiffs, as well as the right to maintain actions for infringement of those rights. Id. ¶¶2, 5. BMI alleges that Defendants have infringed 9 works. See Compl. Schedule; Dkt. # 24-1 (Lloyd Decl.) Ex. A. Plaintiffs have presented evidence that they are the registered owners of the copyrighted works at issue.., See, Dkt, #24-2 (Lloyd Decl.) Ex. B. BMI has presented evidence establishing that it has been granted the right to license public performances of these works. See Dkt. # 24 (Lloyd Decl.) ¶ 5.

Defendant Benchley Ventures, Inc. (“Benchley -Ventures”) is a Washington corporation which operates, maintains, and controls a restaurant in Enumclaw, Washington called the City Hall Saloon & Eatery (“City Hall Saloon”). See Compl. ¶ 18; Answer ¶ 1.1; see also Dkt. # 31 (Shawn Benchley Decl.) at 2.1 In connection with that business, Benchley Ventures publicly performs musical compositions or causes them to be publicly performed. See [1100]*1100Compl. ¶ 19; Answer ¶ 1.1. Defendants Jeff and Shawn Benchley (collectively, “the Benchleys”) own Benchley Ventures. See Compl. ¶¶ 22, 24; Answer ¶ 1.1; Dkt. # 31 (Shawn Benchley. Decl.) at 1-2.

Between August 2012 and June 2014, BMI informed the Defendants numerous times of the need to obtain permission for public performances of copyrighted music. See Dkt. # 23 (Mullaney Decl.) ¶¶ 4, 6-8, 10, 14-5, Exs. B-D, G-H. In these letters, BMI offered Defendants numerous opportunities to acquire a BMI license to publicly perform copyrighted works. See Dkt. #23-1 (Mullaney Decl.) Ex. B at 4-9.' It appears that by May 22, 2013, Defendants had yet to enter into a license agreement and, accordingly,- were instructed to cease all public performances of music licensed by BMI.Nee id.- Ex. B at 10, Ex. C & D (cease and desist letters from June 13, 2013 to June 4,2014).

A BMI investigator, Judy Phelps, was subsequently authorized to visit City Hall Saloon to make an audio recording and written reports of the music being publicly performed at City Hall Saloon. See Dkt. # 23 (Mullaney Decl.) ¶¶ 12-13. On April 19, 2014 and May 24, 2014,' Ms. Phelps chronicled public performances at City Hall Saloon by bands called “Crush” and “The Protectors” of songs owned by Plaintiffs and generated written reports detailing, as much. See id. ¶¶ 12-13, Exs. E & F.

III. LEGAL STANDARD

Summary judgment is appropriate if there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. Fed. R.Civ.P. 56(a). The moving party bears the initial burdén of demonstrating the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Where the moving party will have the burden of proof at trial, it must affirmatively demonstrate that no reasonable trier of fact could find other than for the moving party. Soremekun v. Thrifty Payless, Inc., 509 F.3d 978, 984 (9th Cir.2007). On an issue where the nonmoving party will bear the burden of proof at trial, the moving party can prevail merely by pointing out to the district court that there is an absence of evidence to support the non-moving party’s case. Celotex Corp., 477 U.S. at 325,106 S.Ct. 2548. If the moving party meets the initial burden, the opposing party must set forth specific facts showing that there is a genuine issue of fact for trial in order to defeat the motion. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct.' 2505, 91 L.Ed.2d 202 (1986). . The court must view the evidence in the light most favorable to the nonmoving party and draw all .reasonable inferences in that 'party’s favor. Reeves v. Sanderson Plumbing Prods., 530 U.S. 133, 150-51, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000).

IV. ANALYSIS

a. Plaintiffs’ Requests for Admissions

As a preliminary matter, the Parties dispute whether Defendants properly served responses to Plaintiffs’ Requests for Admissions. See Dkt. #31-1; Dkt. # 32; see also Dkt. # 27. Plaintiffs served Defendants with copies of th'eir Requests for Admission on November 17, 2014. See Dkt. # 22 (Case Decl.) ¶¶ 2-5, Exs. A-F. Plaintiffs contend that they never received any response or request for an extension. Id. ¶¶ 6-7.

Defendants filed responses — purportedly served on December 17, 2014 — as an attachment to Defendant Shawn Benchley’s declaration in support of their opposition. See Dkt. # 31-1 at 18. But there is no indication in Shawn Benchley’s declaration as to how she would have personal [1101]*1101knowledge of when these responses were served, only that she worked with Defendants’ counsel’s legal assistant to complete responses in December 2014. See Dkt. # 31 (Shawn Benchley Dec!) at 3.'

Plaintiffs deny ever receiving these answers and imply that Defendants’ counsel has instead recently completed and backdated ■ the responses to avoid summary judgment. See Dkt. # 32 at 12; Dkt. # 33 (Case Deck) ¶¶2-4; Dkt. .#35 (Tracy Deck) ¶¶2-4.2

If true, such accusations are deeply troubling, and seriously implicate Defendants’ counsel’s duty of candor toward the Court. See Wash. RPC 3.3. Whatever the truth of the matter, because the Court does not rely on the Requests for Admission, it declines to address this issue at this juncture. However, the Court takes this opportunity to remind counsel that any violation of their ethical and professional duties may subject them to discipline by this Court. See Local' Rules W.D. Wash. LCR 83.3(c).

b. Plaintiffs’ Copyright Infringement Claim

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131 F. Supp. 3d 1097, 2015 U.S. Dist. LEXIS 122219, 2015 WL 5330853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broadcast-music-inc-v-benchley-ventures-inc-wawd-2015.