IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

JOELSONGS, et al.,

Plaintiffs,

v.

SHELLEY BROADCASTING

COMPANY, INC., et al.,

Defendants.

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CIVIL ACTION NO.

1:06CV774-MHT

ORDER ON PRETRIAL HEARING

A pretrial hearing was held in this case on May 11, 2007, wherein the following

proceedings were held and actions taken:

1. COUNSEL APPEARING AT PRETRIAL HEARING:

Dylan Black of Bradley Arant Rose & White LLP appearing for all plaintiffs.

Stephen McGowan appearing for defendants Shelley Broadcasting Company,

Inc., Stage Door Development, Inc., and H. Jack Mizell.

2. JURISDICTION AND VENUE: This case is brought under 17 U.S.C. § 501

et seq., and therefore jurisdiction is proper under 28 U.S.C. § 1338(a). Venue is

proper in this court because defendants reside, or have their principal place of

business, in this district and because a substantial part of the events giving rise to

plaintiffs’ claims occurred within this district and division. See 28 U.S.C. § 1391(b).

3. PLEADINGS: The following pleadings and amendments were allowed: 

complaint, answer to plaintiffs’ complaint. Plaintiffs have a pending motion for

summary judgment.

4. CONTENTIONS OF THE PARTIES:

a. The plaintiffs

1. Plaintiffs are members of the American Society of Composers, Authors and

Publishers (“ASCAP”), to which they have granted a non-exclusive right to license nonCase 1:06-cv-00774-MHT-SRW Document 25 Filed 05/16/2007 Page 1 of 6
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dramatic public performances of their copyrighted musical compositions. 

2. Plaintiffs, having complied in all respects with Title 17, U.S.C., own the

copyrights in the following musical compositions, as listed and set forth in Schedule A to

the complaint in this case: “WE DIDN’T START THE FIRE,” “LITTLE WING,” “HEY

THERE,” “BEGIN THE BEGUINE,” “PINK HOUSES,” “PANAMA,” “THIS WILL BE

(AN EVERLASTING LOVE),” “RASPBERRY BERET,” “FAITH,” “MASTER OF

PUPPETS,” “LITTLE RED CORVETTE,” “LIGHT MY FIRE,” “BIG YELLOW TAXI,”

“JUMP,” “RIKKI, DON’T LOSE THAT NUMBER,” “GOD WILL MAKE A WAY,”

“SINCE I DON’T HAVE YOU,” “WE HAVE COME INTO HIS HOUSE (TO WORSHIP

HIM),” “SMALL TOWN” and “1999.”

3. The infringing performances on which this case is based occurred by broadcast

over radio station WGEA, licensed by the Federal Communications Commission to operate

in Geneva, Alabama, on February 25 and 27, 2006; and by broadcast over WRJM-FM, also

licensed by the Federal Communications Commission to operate in Geneva, Alabama, on

February 24, 25 and 26, 2006, all dates on which defendants owned, operated and controlled

both radio stations.

4. Because of defendants’ ownership, operation, and control over the stations,

they are jointly and severally responsible for any infringing performances during the

broadcasts of both stations.

5. Since August 8, 2003, when ASCAP terminated the licenses previously in

effect for radio stations WGEA and WRJM-FM for breach and default, the two radio

stations have not been authorized to perform copyrighted musical compositions in the

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ASCAP repertory. 

6. The stations were not licensed by ASCAP on February 24-27, 2006. 

7. Despite repeated communications from ASCAP representatives informing

defendants of their risk of liability under the United States Copyright Law, the two

stations, under the ownership, operation and control of the defendants, continued to

perform copyrighted music without permission during the hours that the two radio stations

were on the air and broadcasting musical entertainment as part of their daily

programming. Musical compositions are routinely performed for the public as part of the

programming of both stations. 

8. Defendants willfully violated the Copyright Law by failing either to take the

steps required to reinstate their ASCAP licenses or to seek permission directly from

ASCAP’s members to perform ASCAP’s members’ music by broadcast over radio stations

WGEA and WRJM-FM. 

9. H. Jack Mizell has been president, sole officer and 100% owner of both

Shelley Communications, Inc. and Stage Door Development Inc. during all relevant times

to this action, including the dates upon which the infringements took place. 

10. Defendants are entitled to financial gain from the profits, if any, generated

by the operation of radio stations WGEA and WRJM-FM.

11. Defendants are responsible for the broadcasting and business activities of

stations WGEA and WRJM-FM.

12. The following songs were performed by broadcast over radio station WGEA

on February 25 or 27, 2006: “WE DIDN’T START THE FIRE,” “LITTLE WING,” “HEY

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THERE,” “BEGIN THE BEGUINE,” “PINK HOUSES,” “PANAMA,” “THIS WILL BE

(AN EVERLASTING LOVE),” “RASPBERRY BERET,” and “FAITH.” 

13. The following songs were performed by broadcast over radio station WRJMFM on February 24, 25 or 26, 2006: “MASTER OF PUPPETS,” “LITTLE RED

CORVETTE,” “LIGHT MY FIRE,” “BIG YELLOW TAXI,” “JUMP,” “RIKKI, DON’T

LOSE THAT NUMBER,” “GOD WILL MAKE A WAY,” “SINCE I DON’T HAVE

YOU,” “WE HAVE COME INTO HIS HOUSE (TO WORSHIP HIM),” “SMALL

TOWN” and “1999.” 

15. Plaintiffs owned the copyrights to the musical compositions in suit at the time

of the unauthorized performances.

16. Plaintiffs are entitled to the relief available under 17 U.S.C. § 501 et seq.,

including injunctive relief, an award of statutory damages, plus costs and attorney’s fees,

and any other relief deemed appropriate by the Court.

b. The defendants

1. In no way did defendants willfully violate copyrights and this suite was

filed prior to the other suite being resolved and the intentions were not to violate

copyright law.

2. Defendants have taken steps to correct any and all problems by

programming nothing but talk radio on both stations.

5. STIPULATIONS BY AND BETWEEN THE PARTIES: The parties stipulate

that plaintiffs own valid copyrights in the musical compositions in suit. 

It is ORDERED that:

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(1) The non-jury trial of this cause, which the

parties have agreed may be tried in Montgomery, Alabama,

and which is to last one (1) day, is set for July 11,

2007, at 10:00 a.m. at the Frank M. Johnson, Jr. United

States Courthouse Complex, Courtroom 2FMJ, One Church

Street, Montgomery, Alabama, 36104;

(2) A trial docket will be mailed to counsel for each

party approximately two weeks prior to the start of the

trial term;

(3) The plaintiffs are required to file proposed

findings of fact and conclusions of law by June 27, 2007.

The defendants are required to file proposed findings of

fact and conclusions of law by July 5, 2007.

(4) Each party shall have available at the time of

trial, for use by the court (the judge, the courtroom

deputy clerk, and the law clerk), three copies of the

exhibit list and a sufficient number of copies of each

photostatically reproducible exhibit for opposing

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counsel, the courtroom deputy clerk, the law clerk, and

the judge to each have a set of the exhibits;

(5) All deadlines not otherwise affected by this

order will remain as set forth in the uniform scheduling

order (Doc. No. 12) entered by the court on November 2,

2006;

(6) All understandings, agreements, deadlines, and

stipulations contained in this pretrial order shall be

binding on all parties unless this order be hereafter

modified by Order of the court.

DONE, this the 16th day of May, 2007

 /s/ Myron H. Thompson 

 UNITED STATES DISTRICT JUDGE

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