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Eeskay’s attorney, Peter Tamposi, did not respond to a request for comment Tuesday, nor did Daniel Mullen, the attorney representing the music publishers. The publishers are looking for up to $30,000 in damages for each song. For example, if one song was played one time, the publishers are seeking up to $30,000 for the alleged violation. The songs in question are: “Too Close” first recorded in 1997 by the R&B group Next, “I Like To Move It,” first recorded in 1993 by Reel 2 Real, and “100% Pure Love,” first recorded in 1994 by Crystal Waters. Eeskay’s attorney, Peter Tamposi, writes in a pretrial motion that while his client did allow for the playing of three songs controlled by the publishers during a February 2015 event at the Northeastern Boulevard club, the company should not have to pay the fine amounts being sought by the publishers. “Here the Defendants license fees are $5,868.00 and a fair assessment of damages in excess of the licenses fee would be similar,” Tamposi wrote. Tamposi writes that the ASCAP harassed Mathias for years because of his lack of a license. Mathias did not play any copyrighted music in the club for years, Tamposi writes, but a DJ used the songs during the February 2015 event. That was the same night that the ASCAP sent an investigator into Boston Billiards to check on the situation, according to court records.
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