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  5. 754 F.Supp. 1324 (1990)
 

BROADCAST MUSIC, INC. v. CLAIRE'S BOUTIQUES, INC.

No. 90 C 3881.

754 F.Supp. 1324 (1990)

BROADCAST MUSIC, INC., et al., Plaintiffs, v. CLAIRE'S BOUTIQUES, INC. d/b/a Claire's Boutiques and Arcadia, Defendant.

United States District Court, N.D. Illinois, E.D.

December 28, 1990.

Attorney(s) appearing for the Case

Robert G. Krupka, P.C., Nicole J. Klimisch, Kirkland & Ellis, Chicago, Ill., for plaintiff Broadcast Music, Inc.

Mark A. Orloff, Gail J. Berritt, Altheimer & Gray, Chicago, Andrew H. Bart, Lonnie Coleman, Pryor, Cashman, Sherman & Flynn, New York City, for defendant.

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...

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