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Judgment for Copyright Infringement and Permanent Injunction with the 16 Consent and on the Advice of Such Independent Legal Counsel

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Judgment for Copyright Infringement and Permanent Injunction with the 16 Consent and on the Advice of Such Independent Legal Counsel UMG Recordings, Inc. v. BCD Music Group, Inc. et al Doc. 199 1 JEFFREY D. GOLDMAN (SBN 155589) [email protected] 2 ROBERT J. CATALANO (SBN 240654) [email protected] 3 LOEB & LOEB LLP 10100 Santa Monica Boulevard, Suite 2200 4 Los Angeles, California 90067-4120 Tel: 310-282-2000/Fax: 310-282-2200 5 Attorneys for Plaintiff JS-6 6 7 8 UNITED STATES DISTRICT 9 CENTRAL DISTRICT OF CALIFORNIA 10 UMG RECORDINGS, INC., a Case No. CV 07-05808 SJO (FFMx) 11 Delaware corporation Assigned to the Hon. S. James Otero 12 Plaintiff, JUDGMENT FOR COPYRIGHT 13 v. INFRINGEMENT AND PERMANENT INJUNCTION 14 BCD MUSIC GROUP, INC., a Texas corporation; and DOES 1-10, inclusive 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 28 LA1837611.1 JUDGMENT AND PERMANENT INJUNCTION 212374-10008 Dockets.Justia.com Based on the stipulation by and between plaintiff UMG Recordings, Inc., a 1 Delaware corporation (“UMG”), and BCD Music Group, Inc., a Texas corporation 2 (“BCD”), and for good cause appearing, 3 4 IT IS ORDERED, ADJUDGED, AND DECREED THAT: 5 6 1. BCD infringed UMG’s copyrights in the following forty-three (43) 7 sound recordings (the “43 Sound Recordings”): 8 9 1. “War with God” (Ludacris) from the album Release Therapy. 10 2. “My House” (Lloyd Banks). 3. “Over and Over” (Nelly) from the album Suit. 11 4. “3 Kings” (Slim Thug). 12 5. “Say I” (Christina Milian). 6. “Bang Bang” (Young Buck), from the album Straight Outta 13 Cashville. 14 7. “Diamonds” (Fabolous). 8. “Go Getta” (U.S.D.A.), from the album Young Jeezy Presents 15 USDA: “Cold Summer” The Authorized Mixtape. 16 9. “Party Like a Rockstar” (Shop Boyz), from the album Rockstar Mentality. 17 10. “Fully Loaded Clip” (50 Cent), from the album Curtis. 18 11. “Amusement Park” (50 Cent) from the album Curtis. 19 12. “My Girl Gotta Girlfriend” (Ray). 13. “Give It To Me (Laugh At Em) Remix” (Timbaland). 20 14. “Wanksta” (50 Cent), from the album Get Rich or Die Tryin’. 21 15. “Hustler’s Ambition” (50 Cent), from the album Get Rich or Die Tryin’ (music from the motion picture). 22 16. “Window Shopper” (50 Cent), from the album Get Rich or Die 23 Tryin’ (music from the motion picture). 17. “Talk About Me” (50 Cent), from the album Get Rich or Die 24 Tryin’ (music from the motion picture). 25 18. “Like Dat” (Stat Quo). 19. “Playboy” (Lloyd Banks), from the album The Hunger for 26 More. 27 20. “Grew Up a Screw Up” (Ludacris), from the album Release Therapy. 28 LA1837611.1 212374-10008 1 21. “Play” (David Banner). 22. “Ain’t Got Nothin” (David Banner). 2 23. “Westside” (David Banner). 3 24. “Gangsta Walk” (David Banner), from the album Certified. 25. “On Everything” (David Banner), from the album Certified. 4 26. “Certified” (David Banner), from the album Certified. 5 27. “So Sexy” (Olivia). 28. “So Amazing” (50 Cent), from the album The Massacre. 6 29. “Jimmy Mathis” (Bubba Sparxxx), from the album 7 Deliverance. 30. “Trap or Die” (Young Jeezy). 8 31. “Jesus Walks” (Kanye West), from the album The College 9 Dropout. 32. “Welcome to the South” (Young Buck). 10 33. “Turn It Up” (Chamillionaire), from the album The Sound of 11 Revenge. 34. “Talking That Talk” (Chamillionaire), from the album The 12 Longest Yard (music from the motion picture). 13 35. “Touch It” (feat. Lloyd Banks, Mary J. Blige, Papoose, et al.) (Busta Rhymes), from the album Touch It Remixes. 14 36. “What It Is” (U.S.D.A.), from the album Young Jeezy Presents 15 USDA: “Cold Summer” The Authorized Mixtape. 37. “I’m the Realest” (Young Jeezy), from the album The 16 Inspiration. 17 38. “Grillz” (Nelly). 39. “Oh No” (Snoop Dogg (with 50 Cent)), from the album R&G 18 (Rhythm & Gangsta) – The Masterpiece. 19 40. “Bang Out” (Snoop Dogg (with 50 Cent)), from the album R&G (Rhythm & Gangsta) – The Masterpiece. 20 41. “Like a Pimp” (David Banner). 21 42. “Bout It Bout III” (Cam’Ron Presents the Diplomats), from the album Diplomatic Immunity. 22 43. “Like a Pimp (Remix)” (David Banner), from the album 23 MTA2: Baptized in Dirty Water 24 2. BCD’s infringements of UMG’s copyrights in the 43 Sound 25 Recordings were willful within the meaning of 17 U.S.C. § 504. 26 27 28 LA1837611.1 212374-10008 3. For BCD’s infringements of UMG’s copyrights in the 43 Sound 1 Recordings, UMG shall have and recover from BCD the total sum of Seven Million 2 Two Hundred Thousand Dollars ($7,200,000.00), consisting of $6,450,000 in 3 statutory damages for 43 counts of willful copyright infringement, and $750,000 in 4 attorneys’ fees and full costs pursuant to 17 U.S.C. § 505. 5 6 4. BCD and its agents, servants, employees, officers, successors, licensees 7 and assigns, and all persons acting in concert or participation with each and any of 8 them, shall be and hereby are forever restrained and enjoined from directly or 9 indirectly infringing in any manner the 43 Sound Recordings. 10 11 5. BCD has acknowledged and agreed, and the Court finds, that BCD has 12 been represented by independent legal counsel of its own choice throughout all of 13 the litigation and negotiations which preceded the entry of this Judgment for 14 Copyright Infringement and Permanent Injunction and that BCD has consented to 15 this Judgment for Copyright Infringement and Permanent Injunction with the 16 consent and on the advice of such independent legal counsel. BCD further has 17 acknowledged and agreed that it and its counsel have had adequate opportunity to 18 make whatever investigation or inquiry they may deem necessary or desirable in 19 connection with the subject matter of this Judgment for Copyright Infringement and 20 Permanent Injunction prior to the entry hereof and have nevertheless determined 21 that it is in the best interests of BCD to stipulate to this Judgment for Copyright 22 Infringement and Permanent Injunction and BCD has done so knowingly and 23 voluntarily. 24 25 6. The Court is familiar with the record in this case and based thereon 26 finds that the terms of this Judgment for Copyright Infringement and Permanent 27 Injunction bear a reasonable relationship to the range of actual or statutory damages 28 LA1837611.1 212374-10008 and attorneys’ fees and full costs that the parties could have anticipated would be 1 awarded at and following the trial of this action, and represents fair compensation 2 for the loss that UMG has sustained as a result of BCD’s infringements of the 43 3 Sound Recordings. 4 5 7. BCD has been properly and validly served with the Summons and 6 Complaint in this action, and is subject to the jurisdiction of this Court. 7 8 8. BCD irrevocably and fully waives notice of entry of the Judgment for 9 Copyright Infringement and Permanent Injunction, and understands and agrees that 10 violation of the Judgment for Copyright Infringement and Permanent Injunction will 11 expose BCD to all penalties provided by law, including for contempt of Court. 12 13 9. BCD irrevocably and fully waives and relinquishes any and all right to 14 appeal the Judgment for Copyright Infringement and Permanent Injunction, to have 15 it vacated or set aside, to seek or obtain a new trial thereon, or otherwise to attack in 16 any way, directly or collaterally, its validity or enforceability. 17 18 10. Nothing contained in the Judgment for Copyright Infringement and 19 Permanent Injunction shall limit the right of UMG to recover damages for any and 20 all infringements by BCD that do not concern the 43 Sound Recordings. 21 22 11. The Court shall maintain continuing jurisdiction over this action for the 23 purpose of enforcing this Judgment for Copyright Infringement and Permanent 24 Injunction and the Parties’ settlement agreement. 25 26 Dated: January _26__, 2009 ________/S/ S. James Otero______________ 27 The Honorable S. James Otero United States District Judge 28 LA1837611.1 212374-10008 1 APPROVED AS TO FORM AND CONTENT: 2 3 4 Jeffrey D. Goldman 5 Loeb & Loeb LLP Attorneys for UMG 6 7 8 Thomas Brackey 9 Freund & Brackey LLP Attorneys for BC 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LA1837611.1 212374-10008 .
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