Indiana Intellectual Property Law News
The Plaintiffs, House of Bram, Little Nemo Music, and Major Bob Music Co., through their lawyers, have filed a lawsuit claiming that their copyrights have been violated under U.S. copyright law. Their main argument is that the Defendants allegedly played the Plaintiffs’ copyrighted music in public without permission.
Defendant Franklinsteins, LLC is based in Indiana and operates Bud’s Rockin’ Country Bar and Grill in Evansville, Indiana, where the music in question is said to have been played publicly. The other Defendants, Kerry Chesser, Chad Brady, and Mikala Daly-Shemwell, are individuals involved in managing Franklinsteins. The Plaintiffs claim that all Defendants had control over what happened at Bud’s, including the music performances.
The Plaintiffs are members of ASCAP (the American Society of Composers, Authors, and Publishers), which protects the public performance rights for its members’ music. The complaint states that ASCAP has attempted to contact the Defendants more than 70 times through phone, mail, and email, offering them licenses to play the music. Despite these efforts, the Defendants allegedly refused to agree to the terms, and the Plaintiffs argue that the performances at Bud’s without a license are copyright violations.
According to the complaint, the Defendants have continued to play the Plaintiffs’ music without permission, including the specific works involved in this lawsuit. The Plaintiffs argue these
performances took place without the necessary legal approvals, violating copyright laws.
The Plaintiffs claim the Defendants’ actions have caused serious harm, including potential damage that cannot be fixed with money alone. As a result, they are asking the court to prevent the Defendants from continuing to infringe on their copyrights, both at Bud’s and any other locations they control. The Plaintiffs are also seeking damages, which could range from $750 to $30,000 for each infringement, as allowed by law. Additionally, they want the court to order the Defendants to cover the costs of the case and pay for the attorneys’ fees.
The case has been assigned to Judge Richard L. Young and Magistrate Judge Crystal S. Wildeman in the U.S. District Court of Southern Indiana Case No. 3:25-cv-00046.