Louisiana Record

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Daiquiris & Creams accused of copyright infringement

By The Louisiana Record | Apr 20, 2016

NEW ORLEANS – Several entertainment companies have filed suit against a restaurant over claims there has been public performances of their works without authorization.

Broadcast Music Inc., Rick’s Music Inc., Red Sea Songs, Sony/ATV Songs LLC, 2-Tuff-E-Nuff Productions Inc., EMI Blackwood Music Inc., Henstone Publishing and Musicworks filed a complaint on April 1 in the U.S. District Court for the Eastern District of Louisiana against Daiquiris & Creams of Covington LLC, Daiquiris & Creams, Faye L. Wagner and Chad L. Nunez citing alleged copyright infringement.

According to the complaint, the plaintiffs allege that they suffered and will continue to suffer irreparable damages until a decision is rendered in their favor. The plaintiffs holds Daiquiris & Creams of Covington LLC, Daiquiris & Creams, Wagner and Nunez responsible because the defendants allegedly operated, maintained and controlled establishments that publicly performed their copyrighted musical compositions. The suit states the plaintiffs have contacted the defendants more than 60 times since March 2013 about purchasing a license for the public performance of their compositions.

The plaintiffs request a trial by jury and seek an order enjoining and restraining defendants from further infringing, in any manner, the copyrighted musical compositions licensed by BMI; compensation for statutory damages; reasonable attorney's fees and costs and for such other and further relief as is just and equitable. They are represented by Mark A. Balkin and Joseph C. Chautin, III of Hardy, Carey, Chautin & Balkin LLP in Mandeville.

U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-02721

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