Ariz. Restaurant Denies BMI Copyright Infringement Claims
Broadcast Music Inc. (BMI) and eight music publishers’ copyright infringement claims against Bonfire Craft Kitchen (see 2307070033) are barred by the fair use doctrine and by the First Amendment, said the Surprise, Arizona, restaurant's Tuesday answer (docket 2:23-cv-01229) to plaintiffs’…
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July complaint in U.S. District Court for Arizona in Phoenix. One or more of the copyright registrations that the restaurant allegedly infringed is invalid for failure to comply with the requirements set forth in 17 U.S. Code section 102, said the answer. Plaintiffs aren't entitled to injunctive relief because there is no immediate or irreparable damage, and they have an adequate remedy at law, it said. The music publishers “suffered no cognizable damage or injuries" due to the allegations, and they would be “unjustly enriched” if allowed to recover on the complaint, it said. Any alleged copyright infringement by defendants was “innocent and not willful” because they relied in good faith on representations made by karaoke subscription service KaraFun regarding the scope of the licenses to the alleged copyright provided under the KaraFun PRO subscription the restaurant purchased, it said. Plaintiffs’ copyright infringement claims are barred by the doctrines of laches, waiver and unclean hands, and they're estopped from asserting any claim or demand, “if any ever existed,” it said. Bonfire asked the court to render judgment in its favor and to award them attorneys’ fees and legal costs.