Augusto

ORDER GRANTING COUNTER-DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AS TO COUNTER-CLAIM [Docket No. 37]; DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO LIABILITY ON COMPLAINT [Docket No. 40]; AND GRANTING IN PART AND DENYING IN PART DEFENDANT AND COUNTER-CLAIMANT’S MOTION FOR SUMMARY JUDGMENT [Docket No. 43]

This matter is before the Court on Counter-Defendant UMG Recordings, Inc.’s (“UMG”) Motion for Summary Judgment as to Counter-Claim, Plaintiff UMG’s Motion for Summary Judgment as to Liability on Complaint, and Defendant and Counter-Claimant Troy Augusto’s Motion for Summary Judgment, all filed April 7, 2008. Both parties filed Oppositions and Replies in all instances. The Court found these matters suitable for disposition without oral argument and vacated the hearings set for May 5, 2008. See Fed.R.Civ.P. 78(b). For the following reasons, Counter-Defendant UMG’s Motion is GRANTED, Plaintiff UMG’s Motion is DENIED, and Defendant and Counter-Claimant Augusto’s Motion is GRANTED IN PART and DENIED IN PART.

I. BACKGROUND

Most of the facts in this case are undisputed. UMG owns the copyright to numerous songs and produces CDs containing those songs. A majority of those…