## Facts

- Multiple music publishers owned copyrights in six musical compositions and, as ASCAP members, granted ASCAP nonexclusive public-performance licensing authority for their works.
- Zanzibar on the Waterfront, LLC operated a Washington, D.C. restaurant/nightclub that provided live and/or recorded music to patrons.
- Zanzibar previously had an ASCAP public-performance license, but it was cancelled for nonpayment of license fees.
- After cancellation, ASCAP made repeated attempts to secure a renewed or replacement license, but defendants did not obtain authorization.
- In 2007, an ASCAP investigator visited the venue and documented public performances of six copyrighted compositions from the ASCAP repertory.
- Plaintiffs supported their claims with copyright registration certificates, investigator affidavits identifying the songs and performances, and evidence that no ASCAP license was in effect.
- Plaintiffs sought statutory damages, a permanent injunction, and attorney’s fees and costs.
- Michel L. Daley was the venue’s owner and managing member and was sued individually.

## Issues

1. Whether plaintiffs established copyright infringement based on unauthorized public performances of six musical compositions at defendants’ establishment.
2. Whether Michel L. Daley could be held personally liable based on his control of, and financial interest in, the infringing activity.
3. Whether summary judgment was appropriate given the parties’ evidentiary submissions.
4. What remedies were proper, including statutory damages, permanent injunctive relief, and attorney’s fees and costs.

## Decision

- The court granted plaintiffs’ motion for summary judgment on liability.
- The court held Zanzibar on the Waterfront, LLC and Daley jointly liable for infringing six copyrighted musical compositions by unauthorized public performance.
- The court awarded statutory damages of $5,000 per work, totaling $30,000.
- The court entered a permanent injunction barring unlicensed public performances of copyrighted works in the ASCAP repertory.
- The court awarded reasonable attorney’s fees and costs, with the amount to be set after plaintiffs submitted supporting documentation.

## Legal Principles

- A prima facie case of infringement by public performance requires proof of (1) ownership of valid copyrights, (2) public performance of the works, and (3) lack of authorization or license.
- Copyright registration certificates constitute prima facie evidence of copyright validity and ownership under 17 U.S.C. § 410(c).
- Detailed investigator affidavits can establish public performance at a place open to the public when unrefuted by competent evidence.
- An individual who has the right and ability to supervise infringing activity and a direct financial interest in it may be personally liable.
- On summary judgment, once the movant supports its motion with admissible evidence, the nonmovant must produce specific facts showing a genuine dispute; conclusory denials are insufficient.
- Statutory damages under 17 U.S.C. § 504(c) may be awarded without proof of actual damages and may be set to reflect compensation and deterrence.
- Permanent injunctions under 17 U.S.C. § 502 are appropriate where the record shows a likelihood of continued infringement absent court intervention.
- Attorney’s fees and costs may be awarded to the prevailing party under 17 U.S.C. § 505 in the court’s discretion, including to deter willful noncompliance.

## Conclusion

The court held a nightclub and its managing owner liable for unlicensed public performances of copyrighted music after cancellation of an ASCAP license, granted summary judgment for the copyright owners, awarded $30,000 in statutory damages, issued a permanent injunction against further unlicensed performances, and granted attorney’s fees and costs.


MOB Music Publ'g v. Zanzibar on the Waterfront, LLC, 698 F. Supp. 2d 197 (D.D.C. 2010)