BMI sues Unruly Brewing for music copyright infringement – Grand Rapids Business Journal

A Muskegon brewery is finding out that one “Bad Romance” can drive music copyright holders “Crazy” if the proper licenses are alleged to be “Missing” from the local venue.
Muskegon’s Unruly Brewing Co. faces a federal lawsuit from three music publishers who are alleging that the brewpub committed copyright infringement by playing music by recording artists Lady Gaga, Willie Nelson and Everything but the Girl without proper licensing.
Broadcast Music Inc. (BMI) along with House of Gaga Publishing LLC, Sony/ATV Songs LLC and Redone Productions LLC filed the federal copyright lawsuit against Unruly on Monday in U.S. District Court for the Western District of Michigan.
BMI is a performing rights organization that represents 1.4 million songwriters and music producers and collects license fees from businesses that use their music.
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According to the suit, BMI said that it reached out to representatives from Unruly more than 24 times since August 2023 to inform them of their copyright infringements.
The lawsuit alleges that on May 2, Unruly Brewing hosted an “unauthorized public performance of musical compositions” by playing three songs without proper licensing: “Bad Romance,” written by Lady Gaga and Nadir “RedOne” Khayat; “Crazy,” written by Willie Nelson; and “Missing,” written by Ben Watt and Tracey Thorn, who recorded as the Everything but the Girl.
“The specific acts of copyright infringement alleged in the complaint, as well as defendants’ entire course of conduct, have caused and are causing plaintiffs great and incalculable damage,” according to the lawsuit. “By continuing to provide unauthorized public performances of works in the BMI Repertoire at the establishment, defendants threaten to continue committing copyright infringement.”
Representatives from Unruly Brewing did not immediately respond to requests for comment for this report.
Chris Gartman, a principal in the Grand Rapids office of Miller, Canfield, Paddock & Stone PLC who specializes in advising craft beverage manufacturers, said that music copyright infringement is a common problem for businesses in the hospitality industry.
“We probably see it come up twice a month on average,” he said, noting that issues with music licensing can include music that’s played in the background at taprooms and bars, live cover bands or even a single performer with a guitar.
“In terms of being a responsible venue, you should have that license in place,” he said.
Gartman said that typically, copyright infringement issues don’t build into a lawsuit and are resolved after a business receives a cease-and-desist letter.
“Our advice is always to either cease or pay it, because then you get them off your back,” Gartman said. “They do not stop. They take those rights very seriously.”
Unruly Brewing opened at 360 W. Western Ave. in Muskegon in 2013. The brewpub, hailed as Muskegon’s first craft brewery, offers its own beer and spirits alongside a full menu of pub fare.
Royal Oak-based Howard & Howard Attorneys PLLC is representing BMI in the case.
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