Legal Opinion

Broadcast Music, Inc. v. Claire's Boutiques, Inc.

District Court, N.D. Illinois

Decided December 28, 1990No. 90 C 3881PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

ROVNER, District Judge.

I. INTRODUCTION

This case raises an issue concerning the scope of the “single receiving apparatus” exemption from the Copyright Act’s grant to copyright owners of the exclusive right to publicly perform their works. It is brought by Broadcast Music, Inc. (“BMI”), which holds copyrights to musical compositions, against Claire’s Boutiques, Inc. (“Claire’s”), which owns and operates 749 retail stores. Pending are cross-motions for summary judgment. For the reasons described below, BMI’s motion is denied and Claire’s motion is granted.

II. FACTS

The…

2Cases cited16 opinions

  1. TWENTIETH CENTURY MUSIC CORP. Et Al. v. AIKENSupreme Court of the United States · 1975
  2. In the Matter of Russell E. Sinclair, Sr. And M. Marguerite Sinclair, Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1989
  3. Fortnightly Corp. v. United Artists Television, Inc.Supreme Court of the United States · 1968
  4. Buck v. Jewell-LaSalle Realty Co.Supreme Court of the United States · 1931
  5. Teleprompter Corp. v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1974

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3Cited by2 opinions

  1. Broadcast Music, Inc. v. Claire's Boutiques, Inc., D/B/A Claire's Boutiques, and D/B/A ArcadiaCourt of Appeals for the Seventh Circuit · 1991
  2. Edison Bros. Stores, Inc. v. Broadcast Music, Inc.District Court, E.D. Missouri · 1991

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