BMI and four publishers sue Nicholson's Pub in Cincinnati and one of its members over five songs

The complaint

Broadcast Music, Inc. v. Nicholson's Pub, LLC d/b/a Nicholson's, No. 1:26-cv-01152 (S.D. Ohio, Western Division), was filed November 9, 2026, ECF No. 1 (6 pages). The plaintiffs are Broadcast Music, Inc., as agent for Broadcast Music, LLC; Warner-Tamerlane Publishing Corp.; Sony/ATV Songs LLC d/b/a Sony/ATV Tree Publishing; Beechwood Music Corporation; and Little Maestro Music, a sole proprietorship. The defendants are Nicholson's Pub, LLC, an Ohio company that operates, maintains, and controls an establishment known as Nicholson's in Cincinnati, Ohio, and its member Wallace N. Sanders. The complaint pleads jurisdiction under 28 U.S.C. 1338(a) and venue under 28 U.S.C. 1400(a). (Compl. caption; paras. 1 to 13.)

What it alleges

The complaint says BMI, as agent for Broadcast Music, LLC, has been granted the right to license the public performance rights in 22.4 million copyrighted musical compositions, and that the other plaintiffs own the copyrights in the musical compositions at issue. It pleads matters other than those concerning the plaintiffs on information and belief. On that basis, it alleges that Nicholson's Pub, LLC operates the establishment and publicly performs musical compositions there, or causes them to be publicly performed, and has a direct financial interest in the establishment; that Wallace N. Sanders is a member of the company with responsibility for its operation and management and for the establishment, with the right and ability to supervise the company's activities and a direct financial interest in the company and the establishment; and that the defendants publicly performed, or caused to be publicly performed, five compositions from the BMI Repertoire at the establishment without a license or permission. It says that since September 2023, BMI has reached out to the defendants over 150 times by phone, mail, and email, including cease and desist notices, and it pleads five claims of willful copyright infringement. Exhibit 1, the schedule that identifies the compositions, writers, publishers, registrations, and performance dates, is not available. (Compl. paras. 3 to 22; opening allegation.)

Relief sought

The plaintiffs demand judgment against the defendants, jointly and severally, and ask that the defendants, their agents, servants, employees, and all persons acting under their permission and authority, be enjoined and restrained from infringing, in any manner, the copyrighted musical compositions licensed by BMI, pursuant to 17 U.S.C. 502; that the defendants be ordered to pay statutory damages pursuant to 17 U.S.C. 504(c); that the defendants be ordered to pay costs, including a reasonable attorney's fee, pursuant to 17 U.S.C. 505; and such other and further relief as is just and equitable. (Compl. Prayer A to D.)

Docket activity

Summonses issued on November 10, 2026, as to Nicholson's Pub, LLC and Wallace N. Sanders. The same day, the clerk entered a notice that if all parties consent, a United States magistrate judge may conduct all proceedings. A corporate disclosure statement was filed November 9, 2026. (ECF Nos. 3, 5; minute entries of Nov. 10, 2026.)