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UMG Recordings, Inc. v. Alburger

September 29, 2009

UMG RECORDINGS, INC., ET AL., PLAINTIFFS,
v.
JOSEPH ALBURGER, DEFENDANT.



The opinion of the court was delivered by: Rufe, J.

MEMORANDUM OPINION AND ORDER

This is a copyright infringement action in which Plaintiffs ask for damages as a result of Defendant's alleged unauthorized use of Plaintiffs' sound recordings. Presently before the Court is Plaintiffs' Motion for Summary Judgment,*fn1 seeking a determination that Defendant violated 17 U.S.C. § 106(1) and (3), and that Plaintiffs are entitled to damages under 17 U.S.C. §§ 502 and 504(c). Jurisdiction is proper for this action and is not disputed by Defendant. Upon consideration of Plaintiffs' Complaint,*fn2 Defendant's Answer,*fn3 and Plaintiffs' Memorandum regarding the instant Motion with attached Exhibits,*fn4 Plaintiffs' Motion for Summary Judgment is GRANTED. The Court finds as a matter of law that Defendant infringed Plaintiffs' copyright, and that Plaintiffs are in fact entitled to the damages requested.

I. FACTUAL AND PROCEDURAL BACKGROUND

Plaintiffs UMG Recordings, Inc., BMG Music, Interscope Records, and Arista Records LLC are entities that own or license exclusive rights to copyrighted sound recordings.*fn5

Although they allege that Defendant was illegally distributing 563 digital audio files, they pursued copyright violations for twenty-five (25) registered sound recordings ("Recordings") which appear below. Plaintiffs maintain that at the time of Defendant's discovered violation, they held effective copyright registration on the Recordings.*fn6 Plaintiffs contend that they have properly affixed copyright notices to the album covers of the CDs containing the Recordings pursuant to 17 U.S.C. § 401,*fn7 and they add that they did not give consent for Defendant to copy, download, or distribute the Recordings.*fn8

Copyright Artist Album name Song name SR# Owner/Licensee name UMG Recordings, Inc. DMX Flesh of My Flesh, Blood Slippin' 188-987 of My Blood BMG Music Busta Genesis Break Ya Neck 312-547

Rhymes

UMG Recordings, Inc. Ludacris Rollout (single) Rollout 303-066 Interscope Eminem The Marshall Mathers LP Amityville 287-944 Arista Recordings LLC Outkast Aquemini Da Art of 264-092

Storytellin'

UMG Recordings, Inc. 50 Cent In Da Club (single) Back Down 323-562 Interscope Records Eminem Eminem Show Square Dance 317-924

UMG Recordings, Inc. 50 Cent Get Rich or Die Tryin' Life's on the Line 337-801 UMG Recordings, Inc. G-Unit Stunt 101 (single) Stunt 101 343-122 UMG Recordings, Inc. G-Unit Beg For Mercy Gangsta Shit 337-759 UMG Recordings, Inc. Lloyd On Fire (single) On Fire 354-450

Banks

BMG Music Mobb Deep The Infamous Survival of the 209-806

Fittest

Interscope Records Eminem The Marshall Mathers LP Marshall Mathers 287-944 UMG Recordings, Inc. Ja Rule Venni Vetti Vecci Story to Tell 174-722 UMG Recordings, Inc. DMX It's Dark and Hell is Hot Stop Being Greedy 252-613 ...


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