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

No. 91-1232.

949 F.2d 1482 (1991)

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

United States Court of Appeals, Seventh Circuit.

Decided December 11, 1991.

Attorney(s) appearing for the Case

Nicole J. Klimisch, Robert G. Krupka (argued), Sharon E. Kohn, Kirkland & Ellis, Chicago, Ill., for plaintiffs-appellants.

Jeffrey P. DeJong, Gail J. Berritt, Altheimer & Gray, Chicago, Ill., Andrew H. Bart (argued), Pryor, Cashman, Sherman & Flynn, New York City, for defendant-appellee.

Monica L. Thompson, Keck, Mahin & Cate, Chicago, Ill., Bernard Korman, Ann Chaitovitz, American Soc. of Composers, Authors and Publishers, New York City, for American Soc. of Composers, Authors and Publishers, amicus curiae.

George E. Greer, Roberta R. Katz, Louisa Barash, Heller, Ehrman, White & McAuliffe, Seattle, Wash., for Muzak Ltd. Partnership, amicus curiae.

Before CUMMINGS, WOOD, Jr., and KANNE, Circuit Judges.

CUMMINGS, Circuit Judge.

When must the corporate owner of a chain of retail stores pay copyright license fees for playing radio broadcasts in its stores? Plaintiffs Broadcast Music, Incorporated ("BMI") and various named song publishers1 sued defendant Claire's Boutiques, Incorporated ("Claire's") for violating copyrights in certain musical compositions. The plaintiff publishers own the copyrights in the compositions at issue but grant...

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