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Capitol Records, Ltd. Liab. Co. v. Seydou Kouyate - No. 2:06-CV-395-JVB-PRC, 2008 U.S. Dist. LEXIS 118536 (N.D. Ind. June 19, 2008)


The Copyright Act grants the owner of a copyright in a sound recording the exclusive rights to, among other things, "reproduce the copyrighted work in copies or phonorecords" and "distribute copies or phonorecords of the copyrighted work to the public."


Capitol Records, LLC, Virgin Records America, Inc., Sony BMG Music Entertainment, and BMG Music sought statutory damages against Defendant Seydou Kouyate for the alleged infringement of nine copyrighted sound recordings. Plaintiffs, as owners of the copyright registrations for the nine sound recordings, assert that Defendant downloaded and made available for public consumption these sound recordings without their permission in violation of the Copyright Act. They also sought an injunction against Defendant to prevent future infringement of all of Plaintiffs' current and future copyrighted sound recordings. 


Were the plaintiffs entitled to damages?




The Magistrate Judge filed a recommendation to the District Court granting Plaintiffs' Motion for Summary Judgment in full and award Plaintiffs statutory damages in the total amount of $6,750.00, with interest, court filing costs of $350.00 and injunctive relief forbidding Defendant from infringing Plaintiffs' rights in its current and future copyrighted sound recordings. 

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