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Broadcast Music, Inc. v. Shane's Flight Deck

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


November 24, 2010

BROADCAST MUSIC, INC., ET AL., PLAINTIFFS
v.
SHANE'S FLIGHT DECK, LTD., DEFENDANT

The opinion of the court was delivered by: Judge Conner

ORDER & JUDGMENT

AND NOW, this 24th day of November, 2010, upon consideration of the motion (Doc. 14) for default judgment, filed by Broadcast Music, Inc., et al. ("BMI"), wherein BMI seeks to enjoin defendant Shane's Flight Deck, LTD. ("Shane's") from infringing the copyrighted musical compositions licensed by BMI, and seeks statutory damages in the amount of $5,000 for each of the four claims of infringement as well as costs and attorney's fees in the amount of $8,985.00, plus interest on both the statutory damages and fees, and after receipt of objections (Doc. 16) to the motion for default judgment filed by Shane's, and following a hearing on the matter on November 17, 2010, in which defendants failed to appear (see Doc. 19); see also FED. R. CIV. P. 55(b)(2) ("If the party against whom a default judgment is sought has appeared personally or by a representative, that party or its representative must be served with written notice of the application at least 7 days before the hearing . . . ."), the court finding that a permanent injunction is warranted given the past and likely continued violations by defendant,*fn1 see 17 U.S.C. § 502(a) (stating that a court may grant an injunction "on such terms as it may deem reasonable to prevent or restrain infringement of copyright"); see also A&N Music Corp. v. Venezia, 733 F. Supp. 955, 957 (E.D. Pa. 1990) ("When past infringement and a substantial likelihood of future infringements is established, a copyright holder is ordinarily entitled to a permanent injunction against the infringer."), the court further finding that a statutory damages award of $5,000.00 for each of the four violations is an appropriate remedy,*fn2 see 17 U.S.C. § 504(c) (stating that a copyright owner may elect to recover "an award of statutory damages for all infringements involved in the action, . . . , in a sum of not less than $750 or more than $30,000 as the court considers just"); Broadcast Music, Inc. v. It's Amore Corp., No. 3:08cv570, 2009 WL 1886038 at *8 (M.D. Pa. 2009) (awarding statutory damages of three and one-half the lost license fees and stating that "courts routinely compute statutory damages in cases . . . [involving copyright infringement] between two to six times the license fees defendants 'saved' by not obeying the Copyright Act" (quoting EMI Mills Music Inc. v. Empress Hotel, Inc., 470 F. Supp. 2d 67, 75 (D.P.R. 2006) (internal quotations omitted)), and that the requested attorneys' fees and costs are reasonable,*fn3 it is hereby ORDERED that:

1. The motion (Doc. 14) for default judgment is GRANTED.

2. DEFAULT JUDGMENT is entered in favor of BMI and against defendant in the amount of $28,985.00 plus interest, consisting of:

a. Statutory damages in the amount of $5,000.00 per each of the four violations, for a total of $20,000.00, plus interest, pursuant to 17 U.S.C. § 504(c) and 28 U.S.C. § 1961.

b. Attorneys fees in the amount of $8,460.00, and costs in the amount of $525.00, plus interest, pursuant to 17 U.S.C. § 505 and 28 U.S.C. § 1961.

3. Defendant is PERMANENTLY ENJOINED from infringing in any manner, the copyrighted musical compositions licensed by BMI.

4. The Clerk of Court is directed to CLOSE the case.

CHRISTOPHER C. CONNER United States District Judge


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