Sailor Music, et al. v. Walker, No. 14-6012 (8th Cir. 2014)Annotate this Case
Debtor, a managing member of Twister's Iron Horse Saloon, appealed the bankruptcy court's order determining that a debt arising from a civil judgment in favor of appellees for copyright infringement was excepted from discharge under 11 U.S.C. 523(a)(6). Some of the music played or performed at Twister's was in the repertoire of the American Society of Composers, Authors, and Publishers (ASCAP). Appellees granted ASCAP a nonexclusive right to license public performance rights of their works. Twister's did not hold a public performance license. In this case, the court agreed with the bankruptcy court that debtor had willfully failed to obtain an ASCAP license and maliciously disregarded the rights of ASCAP's members and Federal copyright law. Therefore, the debt was excepted from discharge and the court affirmed the judgment.