The Honorable James P. Jones, United States District Judge for the
Western District of Virginia, sitting by designation.
Appeal from the United States District Courtfor the Central District of CaliforniaChristina A. Snyder, District Judge, PresidingArgued and Submitted December 9, 2011Pasadena, CaliforniaBefore: PREGERSON and PAEZ, Circuit Judges, and JONES, District Judge.
Defendants-Appellants East Coast Foods, Inc. and Herbert Hudson(collectively, “Defendants”) appeal the district court’s grant of summary judgmentin favor of Plaintiffs-Appellees (collectively, “Plaintiffs”) for eight counts of copyright infringement, as well as the district court’s award of attorney’s fees andcosts to Plaintiffs. We affirm.
Defendants first argue that Plaintiffs’ original complaint was insufficient tostate a claim of vicarious liability for copyright infringement. One “infringesvicariously by profiting from direct infringement while declining to exercise a rightto stop or limit it.”
Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd.
, 545 U.S.913, 930 (2005). Plaintiffs’ complaint contained “a short and plain statement of theclaim” of vicarious infringement.
Conley v. Gibson
, 355 U.S. 41, 47 (1957). Thecomplaint alleged “copyright infringement based on the defendants’ public performances of copyrighted musical compositions,” and pleaded specific facts to