Printer Friendly

SUPREME COURT DECLINES REVIEW OF DECISION FAVORING CLAIRE'S STORES IN BMI LITIGATION

 SUPREME COURT DECLINES REVIEW OF DECISION
 FAVORING CLAIRE'S STORES IN BMI LITIGATION
 PEMBROKE PINES, Fla., May 19 /PRNewswire/ -- Claire's Stores, Inc. (NYSE: CLE) today announced that the United States Supreme Court has declined to review the Seventh Circuit's landmark copyright decision confirming the right of retailers and other merchants to play simple home type radios in their stores without requiring licenses from the performing rights societies (BMI and ASCAP).
 In that litigation, which was instituted by BMI, BMI asserted that Claire's Stores' wholly owned subsidiary, Claire's Boutiques, Inc. had violated the United States Copyright Law by playing the radio through speakers which were placed in the ceiling of each of its stores. Claire's Boutiques operates a chain of stores primarily selling women's fashion accessories. Claire's defended the suit, claiming that Section 110(5) of the Copyright Act protected Claire's use of radios in its stores. That section provides that retailers who play broadcasted music over a single receiving apparatus of a type commonly used in private homes, and who do not further transmit the radio broadcast to the public, are exempt from any licensing requirement.
 On Dec. 28, 1990, the United States District Court for the Northern District of Illinois, Eastern Division issued a decision that rejected BMI's contention that chain stores were ineligible for this exemption and held that the exemption was to be determined on the basis of the nature of the equipment used rather than the form of corporate ownership of the stores involved.
 The Seventh Circuit unanimously affirmed the decision of the district court. This decision was the first in which a Circuit Court affirmed the right of a retailer to rely on the statutory exemption. It confirmed that a corporation with a carefully formulated policy which adheres to the mandate of Section 110(5) could claim the benefits of that exemption.
 In the litigation Claire's was represented by Pryor, Cashman, Sherman & Flynn, a New York law firm with a substantial practice in entertainment and intellectual property law.
 -0- 5/19/92
 /CONTACT: Harold E. Berritt or Andrew H. Bart of Pryor, Cashman, Sherman & Flynn, 212-421-4100, for Claire's Stores; or David A. Buchsbaum of Claire's Stores, 305-433-3900/
 (CLE) CO: Claire's Stores, Inc. ST: Florida IN: REA SU:


JB-SS -- FL009 -- 1749 05/19/92 11:15 EDT
COPYRIGHT 1992 PR Newswire Association LLC
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1992 Gale, Cengage Learning. All rights reserved.

Article Details
Printer friendly Cite/link Email Feedback
Publication:PR Newswire
Date:May 19, 1992
Words:380
Previous Article:MET CAPITAL ANNOUNCES DEVILLE WILL NOT REOPEN
Next Article:STATEMENT OF ADVISORY COMMITTEE TO UFCW LOCALS 539 AND 876 IN RESPONSE TO KROGER PROPOSAL OF FRIDAY, MAY 15
Topics:


Related Articles
CLAIRE'S STORES WINS APPEAL IN BMI LITIGATION
GOLD RESERVE CORP. COMMENTS ON LEGAL DISPUTE
Administration does flip-flop on census.
Bacardi Limited/.
Terri Schiavo.
Coast Litigation Trust Announces Decision Not to Seek Supreme Court Review and Termination of Litigation.
Landmark Patent Infringement Case Before the U.S. Supreme Court Sent Back to Federal Circuit for Review.
Supreme court watch: judiciary decisions often impact state and local government finances.

Terms of use | Copyright © 2016 Farlex, Inc. | Feedback | For webmasters