436.161. Proprietor may bring action for violations to recover damages--recovery to include costs.
Proprietor may bring action for violations to recoverdamages--recovery to include costs.
436.161. 1. A proprietor may bring an action or assert acounterclaim in a court of competent jurisdiction, against a performingrights society, or both, to enjoin any violation of sections 436.150 to436.163 and to recover any damages sustained by the proprietor as a resultof a violation of sections 436.150 to 436.163. The proprietor may seek aninjunction or any other relief available at law or in equity. Ifsuccessful, the proprietor shall be entitled to recover actual damagessustained by him, together with reasonable attorney's fees, filing fees andreasonable costs of suit, in addition to any other legal or equitablerelief.
2. The rights, remedies and prohibitions accorded by the provisionsof sections 436.150 to 436.163 shall be in addition to and cumulative ofany other right, remedy or prohibition accorded by common law, federal lawor the statutes of this state, and nothing contained in sections 436.150 to436.163 shall be construed to deny, abrogate or impair any such common lawor statutory right, remedy or prohibition.
(L. 1995 S.B. 355 § 1 subsecs. 7, 8)