Repeatedly Playing “Jessie's Girl” and “Ms. New Booty” Leads to $30,000 Copyright Violation Fine for Huntington Beach Restaurant

A federal judge in Orange County has issued a permanent injunction against Ponderosa Chophouse Enterprises, Inc. and its Black Bull Chop House steak restaurant in Huntington Beach for repeatedly violating music copyright laws.

U.S. District Court Judge Cormac J. Carney agreed with a February 2013 Broadcast Music, Inc. (BMI) complaint that Cesar Gabino Pena, owner of the restaurant, infringed on four copyrights for the songs “Jessie's Girl,” “Show Me Love,” “Snow Hey Oh” and “Ms. New Booty” in 2011 and 2012.

BMI won a default judgment against Pena, who did not fight the lawsuit and is now under orders by Carney to pay nearly $30,000 for the musical composition copyright violations, according to court records.

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A BMI representative visited the popular restaurant on several dates and recorded the establishment playing songs without authorization.

Inside the Ronald Reagan Federal Courthouse in Santa Ana, Carney noted that a permanent injunction is necessary because, in part, Black Bull Chop House representatives were contacted 48 times to cease the violations prior to the filing of the lawsuit and his observation that Pena has “not demonstrated a willingness to litigate the merits of this case.”

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