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Alan Niven v. Richard Brewster; John Brewster

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


April 12, 2012

ALAN NIVEN, PLAINTIFF,
v.
RICHARD BREWSTER; JOHN BREWSTER;
NAYCODA PTY LTD.; FLASH-POINT MUSIC PTY LTD; APPLE INC.; AND DOES 1 -- 10. DEFENDANTS.

The opinion of the court was delivered by: Gary A. United States Judge

JUDGMENT

Pursuant to the Court's March 2, 2012 Order granting in part and denying in part Plaintiff's motion for default judgment (Docket No. 54), the Court hereby enters judgment as follows:

1. Judgment on Plaintiff's claim of copyright infringement is entered in favor of Plaintiff Alan Niven and against Defendants John Brewster, Richard Brewster and Flash-point Music (Pty.) Ltd. Defendants are ordered to pay $295.77 to Niven as actual damages for copyright infringement.

2. Defendants Richard Brewster, John Brewster and Flash-point Music Pty. Ltd. (including but not limited to their agents, distributors, record companies and licensees) are hereby permanently enjoined from infringing in the United States any copyright (as detailed below) at issue in this case, including all copyrights covered by U.S. Copyright Reg. No. Pau 3-437-395. Infringement in this context includes violation of any rights under 17 U.S.C. § 106, including the rights of reproduction, distribution, preparation of derivative works, public performance, public display and public performance by means of digital audio transmission.

This injunction extends to at least the following compositions, all copied wrongfully by Defendants: (i) "Do It Again"; (ii) "Brother's Keeper"; (iii) "Blue Blood"; (iv) "Shadows Fall"; (v) "Lives of Grace"; (vi) "She"; (vii) "Engine of the World"; (viii)"When Love Is Free"; (ix) "No Place Like Home"; (x) "You and I"; (xi) "Passing Through;" (x) "Keep Your Woman"; and (xi) "Just Like a Woman." To date, these compositions have been included in at least the following albums, all now infringing in the United States: "Any Day", "Live At The Port Fairy Folk Festival," "Shadows Fall" and "Wounded Healer." Distribution or performance of these works in the United States is enjoined.

3. Judgment on Plaintiff's claim for conversion is entered in favor of Plaintiff Alan Niven. Defendant Richard Brewster is ordered to return Plaintiff's two guitars, namely (i) the cherry red Gibson 335 with Alnico II pickups; and (ii) an Ame Richard shall be They sh reasona Karish & Once sh Niven's erican mad d Brewster e returned w hall be pack ably the sam e Fender S in connect within 45 d kaged safe me conditio m, 238 E. U e proof of s at eric.bjorg emaining c uant to 17 U ed in favor 0 are awar tury Fox Fi Stratocaster tion a reco days, with ely for retur on they we Union St., S shipment a gum@kb-i claims are r tobacco b ording proje all shippin rn to the U ere lent. T burst mapl ect with Pl ng costs pa United State The guitars asadena CA documents e neck bot laintiff. Th aid by Rich es so that t shall be sh A 91101, shall be se th lent to he guitars hard Brews they arrive hipped to ster. e in & Bjorgum hipped, the s counsel a Suite A, Pa nd other d ip.com. dismissed ction 505, , payable w liveries, pu v. Entertai ailing party ith that sec fendants ar United Sta ent via ema ates. ail to

4. All re 5. Pursu 8 are order of $411.5 ntieth Cent 4 5 $10,748 amount in Twen 885 (9th without pr attorney's within 30 d ursuant to inment Dis y under Lo ction. Cost re to conta rejudice. fees in the days. Cost the doctrin stributing, ocal Rule 5 ts shall be act Plaintiff U.S.C. Sec r of Niven, rded for de ilm Corp. v s the preva ordance wi order. Def e amount o ts in the ne announc of ced 869, ll 429 F.3d 8 4 and shal payable ff's counsel h Cir. 2005 a bill of co 30 days of structions. ). Niven i osts in acco any costs o submit a within 3 wire ins l for

IT IS SO ORDERED

By:______

Feess

Submitt ted by: A. Eric Marc K KARISH 238 E. U Pasaden Telepho Facsimi Email:e Attorne Bjorgum, Karish, Stat State Bar N e Bar No. RGUM, PC No. 19839 205440 C 92 H & BJOR Union St., na, CA 91 one: 213.78 ile: 213.99 eric.bjorgum eys for Plai Suite A 101 85.8070 95.5010 m@kb-ip.c intiff ALAN com

20120412

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