Broadcast Music Inc v. QM Entertainment LLC

CourtDistrict Court, W.D. Washington
DecidedMay 21, 2025
Docket3:24-cv-05981
StatusUnknown

This text of Broadcast Music Inc v. QM Entertainment LLC (Broadcast Music Inc v. QM Entertainment LLC) 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. QM Entertainment LLC, (W.D. Wash. 2025).

Opinion

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5 6 7 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 AT TACOMA 10 11 BROADCAST MUSIC, INC., et al., CASE NO. 3:24-cv-05981-TL 12 Plaintiffs, ORDER ON MOTION FOR v. DEFAULT JUDGMENT 13 QM ENTERTAINMENT, LLC d/b/a 14 QUARTER MILE BAR & GRILL, and LESTER TRUMMERT, 15 Defendants. 16

17 This matter is before the Court on Plaintiffs’ Motion for Default Judgment. Dkt. No. 14. 18 Defendants have not appeared or otherwise participated in this case; the Clerk of Court entered 19 Defendants into default on March 17, 2025. Dkt. No. 12. Having reviewed the relevant record, 20 the Court DENIES Plaintiffs’ motion. 21 I. PROCEDURAL BACKGROUND 22 This is a copyright-infringement case predicated upon the unauthorized public 23 performance of some 11 copyrighted songs at Defendants’ restaurant/bar. See generally Dkt. 24 No. 1 (complaint). On November 26, 2024, Plaintiffs filed the operative complaint. Id. On 1 February 9, 2025, Plaintiffs served process on both Defendants. See Dkt. No. 10 (Smith Decl.) at 2 4, 6. Defendants neither appeared nor responded to Plaintiffs’ complaint, and on March 11, 2025, 3 Plaintiffs moved for an entry of default against both Defendants. Dkt. No. 11. On March 17, 4 2025, the Court granted Plaintiffs’ motion and entered Defendants into default (Dkt. No. 12) and

5 gave Plaintiffs until June 16, 2025, to move for default judgment (Dkt. No. 13). On April 9, 6 2025, Plaintiffs filed the instant motion for default judgment. Dkt. No. 14. 7 II. FACTUAL BACKGROUND 8 A. The Parties 9 The lead Plaintiff is Broadcast Music, Inc. (“BMI”), a Delaware corporation with its 10 principal place of business in New York. Id. ¶ 3. Under the Copyright Act of 1976, BMI is a 11 “performing rights society” that has been “granted the right to license the public performance 12 rights in 22.4 million copyrighted musical compositions . . . .” 17 U.S.C. § 101; Dkt. No. 1 ¶ 3. 13 “The Plaintiffs other than BMI are the owners of the copyrights in the musical compositions, 14 which are the subject of this lawsuit,” including Cotillion Music, Inc.; Warner-Tamerlane

15 Publishing Corp.; Alley Music Corp.; Trio Music Company; Stone Diamond Music Corp.; 16 Screen Gems-EMI Music, Inc.; EMI Al Gallico Music Corp.; Unichappell Music Inc.; EMI 17 Blackwood Music Inc.; Sprit Music Group Inc.; Sony/ATV Songs LLC; Sea Gayle Music LLC; 18 Mary Bono; Showbilly Music; Lucky Thumb Music; Noah’s Little Boat Music; Eldorotto Music 19 Publishing; and Big Gassed Hitties. Dkt. No. 1 ¶¶ 4, 5–22. 20 There are two Defendants in this case. Defendant QM Entertainment, LLC, is a 21 Washington limited liability company that “operates, maintains and controls an establishment 22 known as Quarter Mile Bar & Grill [in] Yelm, Washington.” Id. ¶ 23. Defendant Lester 23 Trummert “is an officer of Defendant QM Entertainment, LLC with responsibility for the

24 operation and management of that limited liability company and [Quarter Mile Bar & Grill].” 1 Id. ¶ 26. Defendant Trummert “has the right and ability to supervise the activities of Defendant 2 QM Entertainment, LLC and a direct financial interest in that LLC and [Quarter Mile Bar & 3 Grill].” Id. ¶ 27. 4 B. The Infringement

5 Copyright owners, such as the non-BMI Plaintiffs here, maintain the “exclusive right[]” 6 to authorize public performance of their copyrighted work. 17 U.S.C. § 106(6). As a “performing 7 rights society,” Plaintiff BMI facilitates such authorization by “licens[ing] the music of its 8 members”—i.e., the copyright owners—“and collect[ing] royalties whenever that music is 9 performed publicly.” Range Road Music, Inc. v. E. Coast Foods, Inc., 668 F.3d 1148, 1151 (9th 10 Cir. 2012) (citing Broad. Music, Inc. v. Columbia Broad. Sys., Inc., 441 U.S. 1, 4–5 (1979)). The 11 22.4 million songs for which copyright owners have granted BMI the right to license public 12 performance rights make up the “BMI Repertoire.” Dkt. No. 1 ¶ 3. 13 “BMI routinely sends license agreements to the proprietors of establishments where 14 music is publicly performed, and information explaining the need to obtain permission from

15 copyright owners in order to lawfully publicly perform copyrighted music in their 16 establishment.” Dkt. No. 16-3 (Flynn Decl.) ¶ 2. Here, Plaintiffs allege that Defendants willfully 17 committed copyright infringement by allowing the unauthorized public performance of musical 18 compositions from the BMI Repertoire. Dkt. No. 1 ¶ 30. 19 Beginning in March 2023, Plaintiff BMI contacted Defendants “over forty (40) times” to 20 “educate Defendants as to their obligations under the Copyright Act with respect to the necessity 21 of purchasing a license for the public performance of musical compositions in the BMI 22 Repertoire.” Dkt. No. 1 ¶ 29; see Dkt. No. 16-3 at 55–119 (written correspondence between 23 Plaintiff BMI and Defendants). Plaintiff BMI sent Defendants “Cease and Desist Notices,”

24 1 which provided Defendants with “formal notice that they must immediately cease all use of 2 BMI-licensed music in” Quarter Mile Bar & Grill. Dkt. No. 1 ¶ 29. 3 Defendants did not cease and desist. On May 28, 2024, Defendants publicly performed at 4 least 11 songs from the BMI Repertoire without having obtained permission to do so. Dkt. No. 1

5 ¶ 30; see Dkt. No. 1-1 (Schedule). These songs included: 6 • “Beat Goes On a/k/a The Beat Goes On,” published by Plaintiff Cotillion Music, Inc., and Plaintiff Mary Bono as Trustee of the Bono Collection Trust; 7 • “China Grove,” published by Plaintiff Warner-Tamerlane Publishing Corp.; 8 • “Hanky Panky,” published by Plaintiff Alley Music Corp. and Plaintiff Trio 9 Music Company;

10 • “Hello Walls,” published by Plaintiff Sony/ATV Songs LLC;

11 • “I Heard It Through the Grapevine a/k/a Heard It Through the Grapevine,” published by Plaintiff Stone Diamond Music Corp.; 12 • “I’m Your Puppet,” published by Plaintiff Screen Gems-EMI Music, Inc.; 13

• “Neon Moon,” published by Plaintiff Showbilly Music; 14

• “Stand By Your Man,” published by Plaintiff EMI Al Gallico Music Corp.; 15

• “Teenager In Love a/k/a A Teenager in Love,” published by Plaintiff Unichappell 16 Music, Inc.;

17 • “Mama Told Me Not to Come,” published by Plaintiff Unichappell Music Inc.; and 18

19 • “In Color,” published by Plaintiff EMI Blackwood Music Inc., Plaintiff Warner- Tamerlane Publishing Corp., Plaintiff Lucky Thumb Music, Plaintiff Noah’s 20 Little Boat Music, Plaintiff Sea Gayle Music LLC, Plaintiff Eldorotto Music Publishing, Plaintiff Big Gassed Hitties, and Plaintiff Spirit Music Group Inc.

22 Dkt. No. 1-1 at 1–5. The copyright owners of all 11 songs “complied in all respects with the 23 requirements of the Copyright Act and received from the Register of Copyrights Certificates of 24 1 Registration bearing” registration numbers. Dkt. No. 1 ¶ 33. Plaintiff BMI is the licensor of 2 public performance rights for all 11 songs. Id. ¶ 34. 3 III. LEGAL STANDARD 4 A court’s decision to enter a default judgment is discretionary. Aldabe v. Aldabe, 616

5 F.2d 1089, 1092 (9th Cir. 1980). Default judgment is “ordinarily disfavored,” because courts 6 prefer to decide “cases on their merits whenever reasonably possible.” Eitel v. McCool, 782 F.2d 7 1470, 1472 (9th Cir. 1986) (affirming district court’s denial of default judgment).

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Broadcast Music Inc v. QM Entertainment LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broadcast-music-inc-v-qm-entertainment-llc-wawd-2025.