RSO RECORDS, INC., MCA RECORDS, INC., WARNER BROS. RECORDS INC., RCA CORPORATION, CBS INC., CASABLANCA RECORDS AND FILMWORKS, INC., ELEKTRA/ASYLUM/NONESUCH RECORDS, a division of WARNER COMMUNICATIONS, INC., Plaintiffs, v. JOSEPH PERI, CARL FEUERSTEIN, SAM PERI, DYNASTY GRAPHICS, INC., CREATIVE DISC, INC., Defendants, 596 F. Supp. 849

Summary

Defendants engaged in counterfeiting of phonograph records and prerecorded cassette and eight-track tapes by copying the recordings and the packaging materials that normally accompanied them. The plaintiffs (producers, manufacturers, and distributors of the counterfeited items) brought a suit under the Copyright Act requesting remedies pursuant to 17 U.S.C.S. §§ 502-505. The court issued a judgment for the plaintiffs and--due to the willfulness of the defendants actions--ordered the destruction of any existing counterfeits, sale of the duplicating machinery, attorney's fees, and either actual damages or statutory damages at plaintiffs' election. The court held that counterfeiting of the graphic art such as the record covers and counterfeiting of the sound recordings were, for each item, one act of infringement.