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14-1647 - Broadcast Music, Inc. el al v. Ken V. Inc. et al.


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14-1647 - Broadcast Music, Inc. el al v. Ken V. Inc. et al.
January 29, 2016
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MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Plaintiffs' Motion for Summary Judgment is GRANTED (Doc. 45), on the issue of Defendants' liability for violations of the Copyright Act, 17 U.S.C. ยงยง 101 et. seq. and that Plaintiffs are awarded $30,000 in statutory damages ($2,500 for each of the twelve infringements) for which Defendants Ken V Inc., d/b/a Kennys Bar & Grill, and Ken Vaughn are jointly and severally liable. IT IS FURTHER ORDERED that Plaintiffs are awarded attorneys fees in the amount of $9,500 and costs in the amount of $574.04 for a total award of $10,074.04; IT IS FURTHER ORDERED that Plaintiffs Motion to Strike and Exclude, in part, the Affidavit of Defendant Ken Vaughn is DENIED (Doc. 54); IT IS FURTHER ORDERED that Defendants Ken V, Inc., d/b/a Kennys Bar & Grill, and Ken Vaughn are hereby enjoined from performing Plaintiffs copyrighted musical compositions, without authorization, at Kennys Bar & Grill, in violation of the Copyright Act; and IT IS FINALLY ORDERED that a separate Judgment shall issue incorporating this Memorandum and Order. Signed by Magistrate Judge Noelle C. Collins on 1/29/2016. (NEB)