Broadcast Music, Inc. et al v. H&W Incorporated et al
Filing
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ORDER granting 14 Motion for Default Judgment, by Judge R. Brooke Jackson on 11/30/12. (alvsl)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.: 12-cv-01576-RJB
BROADCAST MUSIC, INC.;
INTERIOR MUSIC CORP.;
SEASONS FOUR MUSIC;
EMI VIRGINS SONGS, INC. d/b/a EMI LONGITUDE MUSIC;
SONY/ATV SONGS LLC d/b/a SONY/ATV TREE PUBLISHING;
PEERMUSIC III LTD.;
VELVET APPLE MUSIC;
UNIVERSAL-SONGS OF POLYGRAM INTERNATIONAL, INC.;
TOKECO TUNES;
GEORGIAN HILLS MUSIC;
SONGS OF UNIVERSAL, INC.;
ESCATAWPA SONGS; and
EMI BLACKWOOD MUSIC, INC.,
Plaintiffs,
v.
H & W INCORPORATED d/b/a FIREHOUSE TAVERN;
JAMES ROSSON;
HERBERT ROSSON; and
DAVID FAULK, each individually,
Defendants.
ORDER OF JUDGMENT
This matter came before the Court on Plaintiffs’ Motion for Default Judgment. Having
considered the pleadings, affidavits and memorandum, it is ORDERED AND ADJUDGED:
1.
Plaintiffs’ Motion for Default Judgment against Defendants H&W Incorporated
d/b/a Fire House Tavern, James Rosson, Herbert Rosson, and David Faulk, each individually is
GRANTED, this Court finding that Defendants knowingly and intentionally infringed upon the
copyrights of nine musical compositions owned and/or licensed by Plaintiffs.
2.
Jurisdiction is vested in this Court under 28 U.S.C. § 1338(a).
3.
Plaintiffs shall recover from Defendants H&W Incorporated d/b/a Fire House
Tavern, James Rosson, Herbert Rosson, and David Faulk, each individually, jointly and severally,
statutory damages in the amount of $3,000 for each of the nine musical compositions, for a total of
$27,000, pursuant to 17 U.S.C. Section 504(c)(1).
4.
Plaintiffs shall recover from Defendants H&W Incorporated d/b/a Fire House
Tavern, James Rosson, Herbert Rosson, and David Faulk, each individually jointly and severally,
full costs in this action, including reasonable attorneys’ fees in the amount of $8,073.00, pursuant to
17 U.S.C. Section 505.
5.
Plaintiffs shall recover from Defendants H&W Incorporated d/b/a Fire House
Tavern, James Rosson, Herbert Rosson, and David Faulk, each individually, jointly and severally,
interest on the full amount of this judgment, from the date of this judgment, pursuant to 28 U.S.C.
Section 1961.
6.
Defendants H&W Incorporated d/b/a Fire House Tavern, James Rosson, Herbert
Rosson, and David Faulk, each individually and their agents, servants, employees and all persons
acting under their permission or authority shall be permanently enjoined and restrained from
infringing, in any manner, the copyrighted musical compositions licensed by Broadcast Music, Inc.
7.
This Court shall retain jurisdiction over this action for the purpose of enforcing the
judgment granted.
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DATED: November 30, 2012.
UNITED STATES DISTRICT JUDGE
64569638V.1
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