Edison Brothers Stores, Inc. v. Broadcast Music, Inc.

BOWMAN, Circuit Judge.

Broadcast Music, Inc. (BMI), appeals the District Court’s 1 decision to grant summary judgment in favor of Edison Brothers Stores, Inc., in Edison’s suit for a declaratory judgment that its stores qualify for an exemption from the vesting of exclusive rights of performance in the owners of copyrighted works. See Edison Bros. Stores, Inc. v. Broadcast Music, Inc., 760 F.Supp. 767 (E.D.Mo.1991). We affirm. 2

The relevant facts are not in dispute. BMI is a performing rights organization that collectively licenses, as assignee of the rights of its copyright-holding clients…