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MOB Music Publishing v. Zanzibar on the Waterfront, LLC

United States District Court for the District of Columbia

698 F. Supp. 2d 197 (2010)

Facts

Zanzibar on the Waterfront, a restaurant and nightclub, lost its license for public performance of songs in the American Society of Composers, Authors and Publishers (ASCAP) repertory after failing to pay fees. The following year, an ASCAP investigator visited the establishment and heard five songs from the ASCAP repertory. Members of ASCAP (the ASCAP members) (plaintiffs) then brought a copyright-infringement suit against Zanzibar on the Waterfront, LLC (Zanzibar) (defendant); the restaurant’s owner and operator; and managing member Michael Daley (defendant). The ASCAP members presented valid copyright-registration certificates for the five songs. Affidavits established that unlicensed performance of the five songs had occurred at the restaurant. The ASCAP members sought damages, injunctive relief, and reasonable attorney’s fees. The ASCAP members moved for summary judgment.

Rule of Law

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Issue

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Holding and Reasoning (Sullivan, J.)

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