WB Music Corp. et al v. Royce International Broadcasting Corporation et al

Filing 350

SECOND AMENDED JUDGMENT by Judge Jesus G. Bernal. Plaintiffs shall recover $330,000 in statutory damages from defendants, jointly and severally. $864,278.75 in attorneys' fees and $43,333.34 in non-taxable costs. $11,951.37 i n taxable costs. $17,515.80 in sanctions. $136,111.90 in attorneys' fees and $318.00 in costs from Defendant Stolz. $230,178.50 in attorneys' fees and costs from defendants. Plaintiffs are entitled to interest on $384,124.20 of the judgment calculated from the date of this Second Amended Judgment. SEE DOCUMENT FOR FURTHER INFORMATION. Related to: Notice of Lodging, 342 . (twdb)

cc: Fiscal

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WB MUSIC CORP., et al.,

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Plaintiffs,

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v.

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ROYCE INTERNATIONAL
BROADCASTING CORPORATION,
et al.,

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Defendants.

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Case No. 5:16-cv-00600-JGB-SP
SECOND AMENDED
JUDGMENT
Judge: Hon. Jesus G. Bernal
Trial Date: March 6, 2018
Time: 9:00 a.m.
Courtroom 1

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WHEREAS, in its Order Granting Plaintiffs’ Motion for Partial Summary

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Judgment on June 21, 2017 [Dkt. 79], the Court held that Defendants Royce

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International Broadcasting Corporation, Playa Del Sol Broadcasters, Silver State

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Broadcasting, LLC, Golden State Broadcasting, LLC, and Edward R. Stolz, II, were

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jointly and severally liable for infringing the rights of public performance in the

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copyrights in the following eleven (11) musical works, by means of unauthorized

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radio broadcasts:

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

“Ain’t It Fun,” bearing Copyright Registration Number PA 1-854-435
(owned by plaintiffs WB Music Corp., But Father, I Just Want To Sing
Music, and Hunterboro Music);



“Animals,” bearing Copyright Registration Number PA 1-899-929
(owned by plaintiff Universal Polygram International Publishing, Inc.);



“Doo Wop (That Thing),” bearing Copyright Registration Number
PA 1-067-046 (owned by plaintiffs Sony/ATV Tunes LLC and Obverse
Creation Music);



“#Selfie,” bearing Copyright Registration Number PA 1-891-231
(owned by plaintiff Nice Hair Publishing);



“Party Rock Anthem,” bearing Copyright Registration Number
PA 1-824-164 (owned by plaintiffs Party Rock Music, Yeah Baby
Music, and ESKAYWHY Publishing);



“Still Into You,” bearing Copyright Registration Number PA 1-854-435
(owned by plaintiffs WB Music Corp., But Father, I Just Want To Sing
Music, and Hunterboro Music);



“Wifey,” bearing Copyright Registration Number PA 980-886 (owned
by plaintiffs Uh Oh Entertainment, Divine Mill Music, and Fingaz Goal
Music);



“We Found Love,” bearing Copyright Registration Number
PA 1-879-462 (owned by plaintiff EMI April Music Inc.);



“Sexy And I Know It,” bearing Copyright Registration Number
PA 1-824-164 (owned by plaintiffs Hi Mom I Did It, Chebra Music,
ESKAYWHY Publishing, and Yeah Baby Music);



“Sweet Nothing,” bearing Copyright Registration Number PA 1-825-020
(owned by plaintiff Universal Polygram International Publishing); and



“Can’t Get You Out Of My Head,” bearing Copyright Registration
Number PA 1-136-727 (owned by plaintiff Universal Music Corp.).

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WHEREAS, on March 13, 2018, a jury determined that each of Defendants’

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11 acts of infringement were willful, and awarded Plaintiffs statutory damages

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totaling $330,000.00, calculated as $30,000.00 per infringement [Dkt. 164];

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WHEREAS, on May 7, 2018, the Court entered a permanent injunction

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prohibiting Defendants from publicly performing, or causing or permitting to be

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publicly performed, any copyrighted musical composition owned by Plaintiffs or any

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musical composition in the repertory of the American Society of Composers, Authors

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and Publishers (“ASCAP”) without first obtaining proper authorization to do so,

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either directly from the copyright owners or by license from ASCAP, as their duly

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authorized nonexclusive licensing representative [Dkt. 187];

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WHEREAS, on July 9, 2018, the Court granted Plaintiffs’ motion for

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attorneys’ fees pursuant to 17 U.S.C. § 505 and awarded Plaintiffs $864,278.75 in

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attorneys’ fees and $43,333.34 in non-taxable costs from Defendants [Dkt. 200];

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WHEREAS, on July 24, 2018, the Clerk of Court taxed costs against

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Defendants pursuant to 28 U.S.C. § 1920, Fed. R. Civ. P. 54, and L.R. 54-1 through

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54-3, in the amount of $11,951.37 [Dkt. 207];

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WHEREAS, on March 22, 2019, the Court granted Plaintiffs’ motion to

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compel and request for sanctions of $8,308.35 pursuant to Fed. R. Civ. P. 37(a)(5)

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against Defendants [Dkt. 230];

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WHEREAS, on July 18, 2019, the Court granted Plaintiffs’ motion for order

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of contempt and awarded sanctions of $9,207.45 pursuant to Fed. R. Civ. P. 37(a)(5)

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against Defendants [Dkt. 252];

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WHEREAS, on September 29, 2020, the Ninth Circuit granted Plaintiffs’

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motion for attorneys’ fees and costs pursuant to 17 U.S.C. § 505 and awarded

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Plaintiffs $136,111.90 in attorney’s fees and $318.00 in costs from Defendant Stolz,

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and issued its mandate to this Court [Dkt. 313];

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WHEREAS, on October 29, 2020, the Court ordered Defendants to deposit

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with the Court the amount satisfying the Amended Judgment and interest accrued as

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of October 13, 2020 [Dkt. 327];

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WHEREAS, on November 9, 2020, Defendants deposited $1,301,523.16 into
the registry of the Court [Dkt. 336]; and

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WHEREAS, on November 20, 2020, the Court granted Plaintiffs’ motion for

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attorneys’ fees pursuant to 17 U.S.C. § 505, Fed. R. Civ. P. 69(a)(1), Cal. Civ. Code

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Proc. §§ 685.040, 685.070 and 685.080 and awarded Plaintiffs $230,178.50 in

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attorneys’ fees and costs from Defendants [Dkt. 337].

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NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND
DECREED THAT:
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Pursuant to 17 U.S.C. § 504(c), Plaintiffs shall recover $330,000 in

statutory damages from Defendants, jointly and severally.
2.

Pursuant to 17 U.S.C. § 505, Plaintiffs shall recover $864,278.75 in

attorneys’ fees and $43,333.34 in non-taxable costs from Defendants.
3.

Pursuant to 28 U.S.C. § 1920, Fed. R. Civ. P. 54, and L.R. 54-1 through

54-3, Plaintiffs shall recover $11,951.37 in taxable costs from Defendants.
4.

Pursuant to Fed. R. Civ. P. 37(a)(5), Plaintiffs shall recover $17,515.80

in sanctions from Defendants.
5.

Pursuant to 17 U.S.C. § 505, Plaintiffs shall recover $136,111.90 in

attorneys’ fees and $318.00 in costs from Defendant Stolz.
6.

Pursuant to 17 U.S.C. § 505, Fed. R. Civ. P. 69(a)(1), Cal. Civ. Code

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Proc. §§ 685.040, 685.070 and 685.080, Plaintiffs shall recover $230,178.50 in

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attorneys’ fees and costs from Defendants.

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7.

Plaintiffs are entitled to interest on $384,124.20 of the judgment

calculated from the date of this Second Amended Judgment, representing the

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additional sums owed by Defendants that were not included in the Amended

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Judgment.

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Pursuant to 17 U.S.C. § 502, Defendants and their respective agents,

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servants, employees, attorneys, and those persons or entities in active participation

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and concert with them, are permanently enjoined from publicly performing, or

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causing or permitting to be publicly performed, any copyrighted musical composition

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owned by Plaintiffs or any copyrighted musical composition in the repertory of

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Plaintiffs’ performing rights licensing organization, ASCAP, via radio broadcast on

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any radio station owned, operated, managed, and/or controlled by the Defendants, or

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via any other means of transmission to the public, without first obtaining prior

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authorization to do so, either directly from the copyright owners or by license from

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ASCAP, as their duly authorized nonexclusive licensing representative.

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IT IS SO ORDERED.

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Dated: January 13, 2021

________________________________
THE HON. JESUS G. BERNAL
UNITED STATES DISTRICT JUDGE

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