184 F.Supp.3d 166
W.D. Pa.2016Background
- Plaintiffs (BMI and others) sued George Moore Enterprises, Inc. (Treasure Lake Ski Lodge) and George R. Moore for willful public-performance copyright infringement of 11 musical works. Complaint filed Aug. 20, 2015; served Aug. 31, 2015.
- Defendants failed to answer; Clerk entered default on Sept. 24, 2015; plaintiffs moved for default judgment on Nov. 24, 2015.
- BMI presented evidence (affidavit of VP Brian Mullaney) showing repeated notice efforts: numerous letters, emails, phone calls, an April 2015 investigation confirming performances, and a March 2015 cease-and-desist.
- Plaintiffs sought permanent injunctive relief, statutory damages for 11 violations, and costs and attorneys’ fees.
- Defendants did not respond or participate; court treated complaint allegations as true for default-judgment purposes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether default judgment should be entered | Defendants failed to defend; plaintiffs prejudiced and entitled to relief | No response / no defense | Default judgment granted for plaintiffs |
| Whether a permanent injunction should issue | Past infringement plus likelihood of future violations after repeated notice warrants permanent injunction | No response | Permanent injunction granted enjoining further infringement |
| Whether statutory damages and amount (willfulness) | Infringement was willful after repeated notices; statutory damages justified — plaintiffs sought $3,000 per work | No response | Willfulness found; awarded $1,700 per violation (11 × $1,700 = $18,700) |
| Whether plaintiffs are entitled to attorneys’ fees and costs and amount | Fees and costs appropriate to deter willful infringement; requested $6,757 total ($6,250 fees + $507 costs) | No response | Fees of $6,250 and costs of $507 awarded; interest ordered per 28 U.S.C. § 1961 |
Key Cases Cited
- Petrucelli v. Bohringer & Ratzinger, 46 F.3d 1298 (3d Cir. 1995) (default-judgment discretion and standards)
- Chamberlain v. Giampapa, 210 F.3d 154 (3d Cir. 2000) (factors to consider before entering default judgment)
- Shields v. Zuccarini, 254 F.3d 476 (3d Cir. 2001) (four-factor test for permanent injunction)
- Apple Computer, Inc. v. Franklin Computer Corp., 714 F.2d 1240 (3d Cir. 1983) (prima facie infringement raises presumption of irreparable harm)
- Spring Mount Area Bavarian Resort, Ltd. v. Broad. Music, Inc., 555 F. Supp. 2d 537 (E.D. Pa. 2008) (copyright holder ordinarily entitled to permanent injunction where past and likely future infringement shown)
- Lieb v. Topstone Indus., Inc., 788 F.2d 151 (3d Cir. 1986) (factors for awarding attorney’s fees in copyright cases)