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Before the Court are the following matters: (1) a motion for attorneys’ fees incurred on appeal, filed by Guetta Defendants and Adams Defendants (Doc. 324);
and (2) a determination of the amount of attorneys’ fees and costs to award Defendants for proceedings before this Court and on appeal. (
Having considered the briefing, and having taken the matter under submission, the Court GRANTS Guetta Defendants’ and Adams Defendants’ motion for attorneys’ fees incurred on appeal. The Court awards Defendants their attorneys’ fees for proceedings before this Court and on appeal as follows: $776,362.75 in attorneys’ fees to Adams Defendants; $1,343,772.12 in attorneys’ fees to Guetta Defendants;
and $50,151.19 in attorneys’ fees to UMG Recordings and Interscope Records. The Court does not award any of the attorneys’ fees billed by McPherson Rane. The Court awards the full costs requested by Defendants, in the amount of $351,068.20.
Factual Background and Procedural History
In 1998, Plaintiff Brian Pringle wrote and recorded a song entitled “Take a Dive” and obtained a Certificate of Registration for the song from the Copyright Office. (
MSJ Order, Doc. 252.)
In 1999, Pringle allegedly made a derivative version of “Take a Dive,” titled “‘Take a Dive’ (Dance Version).” In 2009, the Black Eyed Peas released the song “I Gotta Feeling,” which Pringle believed infringed “‘Take a Dive’ (Dance Version).”
The Guetta Defendants are David Guetta; Frederic Riesterer; and Shapiro, Bernstein & Co., Inc. The Adams Defendants are William Adams; Stacy Ferguson; Allan Pineda; and Jaime Gomez, all individually and collectively as the music group The Black Eyed Peas; will.i.am music, llc; Tab Magnetic Publishing; Cherry River Music Co.; Headphone Junkie Publishing, LLC; Jeepney Music, Inc.; and EMI April Music Inc. As set forth below, the Court previously determined that Guetta Defendants, Adams Defendants, UMG Recordings, Inc. and Interscope Records (collectively, “Defendants”) were entitled to attorneys’ fees and costs incurred in proceedings before this Court.
The Court summarizes the background it previously set forth in its summary judgment order.