Realsongs, Universal Music Corp. v. 3A North Park Avenue Rest Corp.
749 F. Supp. 2d 81
E.D.N.Y2010Background
- ASCAP plaintiffs own copyrights and license public performances to ASCAP members; Cabo Mexican Restaurant allegedly performed five ASCAP songs without a license; defendants 3A North Park Avenue Rest Corp and Dominick DeSimone operated Cabo; ASCAP conducted an independent investigation showing performances on Jan 12–13, 2008; defendants received multiple prior ASCAP notices but did not license; default judgment entered against defendants and damages in dispute; magistrate recommended damages of $20,796.75 and a permanent injunction; court adopted the recommendation and ordered judgment and injunction
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Liability for statutory damages amount | Plaintiffs seek statutory damages of $15,000 for five infringements | Defendants challenge damages amount as excessive or unsupported | Statutory damages awarded as recommended: $15,000 |
| Joint and several liability | Defendants jointly controlled Cabo and Arising from common infringing conduct | Limited involvement by DeSimone and 3A North; not jointly liable | Defendants held jointly and severally liable |
| Injunctive relief | Permanent injunction to prevent future infringements | No argument; deficit? (no explicit opposition in record) | Permanent injunction granted preventing further infringements |
Key Cases Cited
- Greyhound Exhibitgroup, Inc. v. E.L.U.L. Realty Corp., 973 F.2d 155 (2d Cir. 1992) (default judgment liability standards; liability established by well-pleaded allegations)
- Bambu Sales, Inc. v. Ozak Trading, Inc., 58 F.3d 849 (2d Cir. 1995) (default liability and damages framework in Second Circuit)
- Boz Scaggs Music v. KND Corp., 491 F.Supp. 908 (D. Conn. 1980) (statutory damages considerations in copyright cases)
- Simmons v. New York City Transit Auth., 575 F.3d 170 (2d Cir. 2009) (presumptively reasonable fee standard; out-of-district rates and Simmons factors)
- Arbor Hill Concerned Citizens v. County of Albany, 522 F.3d 182 (2d Cir. 2008) (lodestar transformed to presumptively reasonable fee; local rate presumption)
- N.A.S. Import Corp. v. Chenson Enters., Inc., 968 F.2d 250 (2d Cir. 1992) (statutory damages considerations and framework)
- Yurman Design, Inc. v. PAJ, Inc., 262 F.3d 101 (2d Cir. 2001) (statutory damages purpose to deter wrongdoing; consideration of willfulness)