Bmg Music Cbs, Inc. A & M Records, Inc. v. Edmundo Perez, Individually and Dba La Feria Del Disco and La Feria Del Disco No. 1

BMG Music, CBS Inc. and A & M Records, Inc. (“plaintiffs”) brought a copyright infringement action against Edmundo Perez and his wholly owned corporations, La Feria del Disco and La Feria del Disco No. 1 (“Perez”). The district court entered judgment for the plaintiffs and Perez appeals. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I

Plaintiffs produce, manufacture, distribute and sell phonorecords in the United States and own copyright in the various sound recordings embodied in those phono-records. Plaintiffs brought suit against Perez alleging that Perez purchased plaintiffs’ copyrighted sound recordings manufactured abroad, exported them to the United States and sold them in violation of the Copyright Act.

The district court entered a preliminary injunction enjoining Perez from importing or selling any of the plaintiffs’ works. While the injunction was in force, Perez sold plaintiffs’ copyrighted works manufactured abroad without plaintiffs’ authorization. The district court found Perez in contempt and ordered that Perez pay sanctions to the plaintiffs. Subsequently, after a bench trial, the district court found that Perez wilfully infringed plaintiffs’…