POLYGRAM INTERNATIONAL PUBLISHING, INC., YELLOW BRICK ROAD MUSIC, AEROSTATION CORP., MCA, INC., BOURNE CO., WILLIAMSON MUSIC, INC., CY COLEMAN, JOBETE MUSIC CO., INC., BROCKMAN ENTERPRISES, INC., FOURTH FLOOR MUSIC, INC., HUDMAR PUBLISHING CO., INC., COWBELLA MUSIC, BLEU DISQUE MUSIC CO., INC., WB MUSIC CORP., and WEBO GIRL PUBLISHING, INC., Plaintiffs v. NEVADA/TIG, INC., f/k/a INTERFACE GROUP, INC., INTERFACE GROUP-MASSACHUSETTS, INC., and INTERFACE GROUP-NEVADA, INC., Defendants and Third Party Plaintiffs v. McGRAW-HILL, INC., Third Party Defendant, 855 F. Supp. 1314

Plaintiffs were musical union members and copyright holders of ten songs played at defendant trade show sponsors' trade show. Plaintiffs alleged defendants were vicariously liable or contributory infringers for songs which exhibitors at the show performed. The court held plaintiffs failed to establish a prima facie case of copyright infringement where plaintiffs failed to allege and prove the performers performed plaintiffs' copyrighted works without licenses or plaintiffs' authorization. Without proof of direct infringement, defendants could not have been held to have vicariously committed copyright infringement. The court did not require the burden of production to shift to defendants on the issue without plaintiffs first having met their burden of proof for a prima facie case.