California CodesBusiness and Professions Code - BPCDivision 8 — Special Business RegulationsChapter 11 — Copyrighted Performances of Musical WorksSection 21755

A proprietor may bring an action or assert a counterclaim against a copyright owner or performing rights society to enjoin any violation of this chapter and to recover any damages sustained by the proprietor as a result of a violation of this chapter. If successful, the proprietor is entitled to recover treble damages, together with filing fees and reasonable costs of suit, in addition to any other legal or equitable relief.

If a proprietor prevails in a cause of action alleging a willful violation of paragraph (2) of subdivision (a) of Section 21753, the prevailing proprietor shall be awarded reasonable attorney’s fees.

Notes

Allows a proprietor to sue or counterclaim against a copyright owner or performing rights society to enjoin a chapter violation and recover damages. Sets a successful proprietor's recovery at treble damages plus filing fees and reasonable suit costs, and requires reasonable attorney fees when the proprietor prevails on a willful claim under the specified coercion or fraud prohibition.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 21755 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-8/chapter-11/section-21755

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