Nightclub's Refusal To License Leads To Big Loss

E Beats Music v. Andrews (M.D.Ga. May 30, 2006)

This case represents a fairly typical ASCAP dispute, where a nightclub continues to play copyrighted music even after being informed of the need to obtain licensing from ASCAP. The court decided that “[b]ecause Defendants willfully and continually violated the copyright laws on the dates alleged and in the manner alleged, Plaintiffs are hereby awarded $1,500 per infringement, for a total of $3,000 in statutory damages.”

In addition, since that reward was less than the $5,416.59 price of the ASCAP license fee that would have covered the plaintiff’s infringing acts, the court showed no hesitation in administering full attorneys’ fees and costs against the plaintiffs.

Defendants, two of whom have been directly represented by counsel throughout this case, did not dispute or contest any portion of the attorney's fees and costs requested by the Plaintiffs. Based on the evidence presented, the Defendants blatantly and repeatedly disregarded the copyright laws and were made aware of their violations on numerous occasions. To further the purposes of the copyright laws in general and to deter future violations by Defendants, and in light of the minimal amount of statutory damages awarded, Plaintiffs are hereby awarded the full amount of fees and costs requested-$44,653.50 in attorney's fees and $2,178.36 in costs for a total award of $46,831.86.

Holding: Defendants liable for a total award of $46,831.86.