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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11872
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Who is suing who? What is the issue? Facts: Defendant : Why

Customer Question

Who is suing who?
What is the issue?
Facts:
Defendant :
Why are they there?
The petitioner did not pay sales tax
Judges decision


# XXXXX http://cdn.ca9.uscourts.gov/datastore/opinions/2012/02/16/10-55691.pdf


Range Road Music, Inc. v. East Coast Foods, Inc., 10-55691
Read Range Road Music, Inc. v. East Coast Foods, Inc., 10-55691

In a suit by music companies that owned song copyrights against the corporate owner of a restaurant at which the songs were played without license and its sole officer and director, the district court’s grant of summary judgment to the music companies is affirmed, where: 1) the complaint contained an adequate statement of the claim of vicarious infringement; 2) there was sufficient evidence of infringement; 3) the district court properly held that the defendants were jointly and severally liable for the infringement; and 4) the district court did not abuse its discretion in awarding fees and costs to the music companies.

Appellate Information
Decided 02/16/2012
Published 02/16/2012
Judges
Paez
Court
United States Ninth Circuit
Counsel
For Appellant:
Sharon Douglass Mayo, Aaron T. Borrowman
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

Good morning, My name is XXXXX XXXXX I will be glad to assist you today,

 

 

I have read your previous questions, Do you want a summary of the case, Who the parties are, Facts, Issues, Decision ?

If not, please let me know what question I can Answer for you today .

Thank you and I look forward to your reply,

ANDREA

 

Customer: replied 1 year ago.

Yes, and how they got there. The original case filing info and the issues spelled out.


thank you,


 

Expert:  Andrea, Esq. replied 1 year ago.

Thank you, XXXXX XXXXX your reply. I just wanted to be sure before I started anything. Please be so kind as to allow me 45 minutes, or so to give you my Answer. I apologize, but my typing leaves a lot to be desired in terms of speed :) Okay, ?

 

 

Thank you,

 

ANDREA

Customer: replied 1 year ago.

Ok

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Marta, I am preparing my Answer right now. Do you want me to type it here, or do you want it in "Word" format as an 'attachment' and you would be able to print it out ?

 

 

ANDREA

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Marta,

 

I am sending my Answer as an 'Attachment'. It is a "Word" Document and can be printed out. Please let me know if you have any trouble downloading it,

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

 

 

 

Attachment: 2013-08-18_142821_plaintiff_music_companies.docx

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11872
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 14 other Legal Specialists are ready to help you
Expert:  Andrea, Esq. replied 1 year ago.

Marta,

 

Part of the first line got cut off. It should read as follows:

 

"This is an appeal from the United States District Court for the Central District of California to the Court of Appeals for the 9th Circuit of California"

 

Please let me know if you need clarification on anything and I will be glad to explain further.

 



Thank you for the Excellent Service rating, I appreciate it greatly, If you
have questions in the future, please feel free to ask for me by typing my name at the beginning of your question, like this,

 

 

"For Andrea .......... "

 

 

Thank you for allowing me the opportunity to assist you,

ANDREA

 

Customer: replied 1 year ago.

Andrea,


Can you explain the judges decision in a bit more detail?

Expert:  Andrea, Esq. replied 1 year ago.

Sure, Is there any particular part of the decision that you want me to elaborate on ?

 

Do you know who the parties are ?

 

Do you want me to do it in "Word" format ? If so, it's not a problem

 

Would it be better if you asked some questions ? Actually, It would be easier to explain if you asked a couple of questions so I can get a general idea of what parts are confusing and I can zero in on those areas,

 

ANDREA

 

Customer: replied 1 year ago.

yes, please.


 


I need the answers in the format I asked them.

Expert:  Andrea, Esq. replied 1 year ago.

I want to be sure I understand what you want. Is this the format you mean ?

 

Who is suing who?
What is the issue?
Facts:
Defendant :
Why are they there?
The petitioner did not pay sales tax (This seems to be from your previous question)
Judges decision

 

Is this the format you mean ?

Customer: replied 1 year ago.

Yes. Just the answer to the questions as I put them,


 


Thanks

Customer: replied 1 year ago.

That sentence was from another request.


 


Who is suing who?
What is the issue?
Facts:
Defendant :
Why are they there?
Judges decision

Customer: replied 1 year ago.

That sentence was from another request.


 


Who is suing who?
What is the issue?


How they got there.
Facts:
Defendant :
Why are they there?
Judges decision

Expert:  Andrea, Esq. replied 1 year ago.

That is fine, I will use that format,

 

I have something to attend to right now, but I will have it ready for you later this evening, I should be returning in about one hour and I will have it ready for you shortly thereafter this evening,

 

ANDREA

 

 

Customer: replied 1 year ago.

Andrea,


Thank you for your assistance. I appreciate your time and effort. I will be up at 4am to finish what I'm working on.


 


I can't drive. I was stopped and found out that my license was suspended and my tags expired due to a speeding ticket. I'm so upset. I can't get to school or work until this is resolved and it's going to cost me hundreds I just don't have right now.


 


Did not mean to be short.


Thank you.


Marta

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Marta, Do not worry about it, I did not take any offense, We all have things on our mind. Actually, I was upset at myself because I gave you more information than you wanted or needed. Let me know if you need any clarification with respect to the decision of the Judges because there were several issues which the Court of Appeals addressed in their decision,

 

1. Who is suing who?

 

There are 7 Plaintiffs suing two Defendants, East Coast Foods, Inc. and Herbert Hudson, as follows:

 

Plaintiffs (Hereinafter referred to as the "Music Companies" or "Plaintiffs")

 

RANGE ROAD MUSIC, INC.

SONY/ATV HARMONY;

WILLIAMSON MUSIC COMPANY

DANIEL KURAMOTO, DBA Little Tiger Music;

KIMO CORNWELL, DBA Omik Music;

TERI KOIDE, DBA Skhamalee Music;

UNIVERSAL MUSIC CORPORATION

Plaintiffs-counter-defendants-Appellees, 2:09-cv-02059-CAS


v.

 

Defendants (Hereinafter referred to as "East Coast Foods", or "Hudson", or sometimes collectively referred to as "Defendants"

 

EAST COAST FOODS, INC.;

HERBERT HUDSON,

 

Defendants-counter-claimants-Appellants

 

 

2. What is the issue?

 

There are four issues (and a minor one which is unimportant)

 

A. Did the Defendants engage in copyright infringement

B. If the Defendants did not engage in direct infringement, could they be held vicariously liable for the acts of another which constituted copyright infringement

C. Did the US District Court err in granting the Plaintiffs' Motion for Summary Judgment

D. Is it an abuse of discretion if the US District Court awards attorneys' fees and costs to Plaintiffs;

 

3. How they got there-

 

A. Plaintiffs Music Companies sued Defendants East Coast Foods and Hudson in the United States District Court for the Central District of California for copyright infringement and sought to impose "vicarious liability on the Defendants.

 

The United States District Court granted the Plaintiffs' Motion for Summary Judgment, held that the Defendants vicariously engaged in copyright nfringement and awarded Judgment in favor of Plaintiffs for 8 copyright infringements in the amount of $36,000, and also awarded attorneys' fees and costs to the Plaintiffs in the amount of $162,728 against Defendants.

 

4. Why are they there?

 

Defendants appealed the United States District Court decision to the United States Court of Appeals for the 9th Circuit of California



5. FACTS


Defendant East Coast Foods owned and operated a chain of Roscoe's House of Chicken and Waffles in 5 locations in Southern California, including one in Long Beach, the Long Beach Roscoe's Chicken and Waffles (the "Long Beach"). Defendant Herbert Hudson was the sole officer and director of East Coast Foods. Long Beach opened in 2001. Attached to the restaurant is the "Sea Bird Jazz Lounge" where live musical performances were held.

The American Society of Composers, Authors and Publishers ("ASCAP"). ASCAP is a non-profit organization that licenses the music of its members. ASCAP offered Long Beach a license to perform music by ASCAP members, but Long Beach refused.


Between 2001 and 2007 ASCAP demanded the Long Beach pay licensing fees because it had live performances of music which was licensed to ASCAP member. In 2008, Plaintiff Music Companies engaged XXXXX XXXXXe, an independent investigator to go to Long Beach, take notes on music that was being performed there and submit an investigative report to Plaintiffs.

 

Plaintiffs reviewed Greene's report, determined that Long Beach was engaging in copyright infringement in that its live performances consisted of eight songs for which ASCAP members had validly registered copyrights and filed a lawsuit in Federal District Court against Defendants, alleging 8 counts of copyright infringement.


Plaintiffs moved for summary judgment and Defendants cross-moved for summary judgment. The District Court granted Plaintiffs' motion for summary judgment in the amount of $36,000 for 8 copyright infringements and awarded attorneys' fees and costs of $162,728 against Defendants.



6. Judges' Decision

 

 

The United States Court of Appeals Affirmed the United States District Court's decision in favor of Plaintiff

Summary judgment is properly granted when, "viewing the evidence in the light most favorable to the non-moving party and drawing all reasonable inferences in favor of that party, no genuine issue of material fact exists and the moving party is entitled to summary judgment."

Court of Appeals found that Plaintiffs established a prima facie case of copyright infringement by:

 

A. Showing ownership of a validly registered copyright; and

B. Copying of a constituent element of the original work had occurred when copyrighted work was performed and when CDs were used.

Defendants objected to Greene's testimony, alleging that it was being offered as expert testimony and Greene was a layman and his testimony should have been excluded. The Court of Appeals dismissed the Defendants' argument, finding that "identifying popular songs does not require any scientific, technical, or specialized knowledge..." and accepted Greene's investigative report and testimony.

 

 

The District Court did not abuse its discretion in awarding attorneys' fees because the Copyright Act provided that a Judge may award attorneys' fees in copyright infringement actions.

 

Court of Appeals found that Defendant East Coast Foods and Defendant Hudson vicariously engaged in copyright infringement. One can impute vicarious liability on a party even though they did not engage in any act of infringement when it is found that:

 

 

A. A party had control of the direct "infringer" and could have stopped the
infringement at any time, but did nothing to stop it; and

 

B. A party derives financial benefit or gain from the direct infringement

 

Court of Appeals found that there was overwhelming evidence showing that Defendant East Coast Foods and Defendant Hudson exercised control over
both the Long Beach Roscoe's and the Sea Bird Jazz Lounge, and derived a
financial benefit from the musical performances in the lounge. Therefore, the Defendants were properly found jointly and severally liable for copyright infringement.

 

East Coast Foods and Hudson were properly named as Defendants. Hudson was in full control, was the sole officer of East Coast Foods and its sole director. In addition, Hudson had applied for and signed the Application for a liquor license for Long Beach Roscoe's and the Sea Bird Jazz Lounge,


 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

 

 

 

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25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.