Facts

Plaintiffs Heavy Melon Music, EMI April Music Inc., WB Music Corp., Bonnie Bee Good Music., Fiona Apple Maggart dba FHW Music, Universal-Polygram International Publishing Inc., Bon Jovi Publishing, and Richard Sambora dba Aggressive Music claimed that five songs, of which they own copyrights to, were played without permission or license from their performing rights licensing organization, ASCAP, at nightclub Hedz or Tails in La Habra. The songs included "No Rain," "Harden My Heart," "Criminal," Wanted Dead or Alive," and "Livin' On A Prayer."

Plaintiffs sued Cambria Unlimited Inc., which operated and managed the nightclub, and Sherry Perales, president of Cambria Unlimited. The complaint alleged copyright infringement.

Plaintiffs contended that they had been attempting to persuade defendants to obtain an ASCAP license, and the complaint followed after numerous unsuccessful attempts. The license only costs a few hundred dollars a year, and plaintiffs argued that defendants were vicariously liable for the infringing performances of their songs.

Defendants denied all allegations of copyright infringement.

Damages

Plaintiffs sought statutory damages, permanent injunction against future infringing performances, and costs including reasonable attorney fees.

Result

An entry of consent judgment was entered for $11,000. Plaintiffs agreed to accept $8,500 in installments, provided that defendants obtain an ASCAP license for the nightclub.