Legal Opinion

Broadcast Music, Inc. v. Penny

District Court, E.D. Texas

Decided July 15, 1994No. 3:94 CV 16Published

1Opinion of the Court

ORDER

JUSTICE, District Judge.

On April 11, 1994, plaintiffs, Broadway Music, Inc., and others (“BMI”), filed the above-entitled and numbered civil action against defendant Judith Penny, individually and doing business as Holiday Inn-Trends. Plaintiffs claim copyright infringement by defendant under the United States Copyright Act of 1976, 17 U.S.C. § 101 et seq. (the “Copyright Act”). Defendant moved for a jury trial. In response, plaintiff moved to strike the jury demand. For the reasons stated below, defendant’s motion for a jury trial shall be denied.

The Copyright Act contains no explicit…

2Cases cited3 opinions

  1. Twentieth Century Music Corp. v. FrithCourt of Appeals for the Fifth Circuit · 1981
  2. Raydiola Music v. Revelation Rob, Inc.District Court, D. Delaware · 1990
  3. Wood v. Crosby Arboretum FoundationDistrict Court, S.D. Mississippi · 1992

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