OPINION AND ORDER
This matter is before the Court on the Application for Entry of Default Judgment By the Court, filed by Plaintiffs on April 28, 2006. For the reasons set forth below, this motion is GRANTED. The Court ORDERS default judgment be entered in favor of Plaintiffs and against Defendant, Heather Johnson, as follows: (1) $7,500 in statutory damages; (2) statutory post-judgment interest at a rate of 5.24% to Plaintiffs on the amount identified in subsection (1); and (3) $335 as costs incurred.
IT IS FURTHER ORDERED that Defendant, Heather Johnson, shall be and hereby is enjoined from directly or indi-l'ectly infringing Plaintiffs’ rights under federal or state law in the following copyrighted sound recordings:
• “Make It Last Forever,” on album “Make It Last Forever,” by artist “Keith Sweat” (SR# 86-761);
• “Rope Burn,” on album “The Velvet Rope,” by artist “Janet Jackson” (SR# 261-516);
• “Rule,” on album “Stillmatic,” by artist “Nas” (SR# 305-698);
• “Round and Round,” on album “Share My World,” by artist “Mary J. Blige” (SR# 238-818);
• “Pleasе Don’t Go,” on album “Cooley-highharmony,” by artist “Boyz II Men” (SR# 212-333);
• “All at Once,” on album ‘Whitney Houston,” by artist “Whitney Houston” (SR# 60-716);
• “Rain,” on album “Release Some Tension,” by artist “SWV” (SR# 249-300);
• “Music Box,” оn album “Music Box,” by artist “Mariah Carey” (SR# 178-631);
• “Grindin’,” on album “Lord Willin’,” by artist “Clipse” (SR# 321-673);
• “Remember The Time,” on album “Dangerous,” by artist “Michael Jackson” (SR# 178-165);
and in any other sound recording, whether now in existence or later created, that is owned or controlled by Plaintiffs (or any parent, subsidiary, or affiliate record label оf Plaintiffs) (“Plaintiffs’ Recordings”), including without limitation by using the Internet or any online media distribution system to reproduce (i.e., download) any of Plaintiffs’ Recordings, to distribute (i.e. upload) any of Plaintiffs’ Recordings, or to make any of Plaintiffs’ Recordings available for distribution to the public, except pursuant to a lawful liсense or with the express authority of Plaintiffs. Defendant also shall destroy all copies of Plaintiffs’ recordings that Defendant has downloaded оnto any computer hard drive or server without Plaintiffs’ authorization and shall
BACKGROUND
Plaintiffs filed suit against Defendant on August 19, 2005, for numerous copyright infringеments in violation of the Copyright Act of the United States, Title 17 U.S.C. section 101, et seq. Return of service was executed on October 28, 2005. Defendant has not appeared before the Court, nor has Defendant responded to the complaint. The Clerk entered default against Defendant on Februаry 23, 2006. In the instant motion, Plaintiffs request the Court enter an order for default judgment and permanent injunction against Defendant. DISCUSSION
Federal Rule of Civil Procedure 55 governs the entry of default and default judgment. When a defendant fails to answer a complaint or otherwise defend himself, the clerk can makе an entry of default. Fed. R.Civ.P. 55(a);
see also Jackson v. Beech,
Entry of default must precede an entry of default judgment.
See, e.g., Hirsch v. Innovation Int’l,
No. 91 Civ. 4130,
As Defendant has failed to appear and respond to Plaintiffs’ charges in this matter, Defendant is deemed to have admitted the conduct alleged in Plaintiffs’ complaint. Accordingly, the Cоurt finds Defendant has committed ten counts of copyright infringement, as alleged in Plaintiffs’ complaint.
Under the Copyright Act, a copyright owner may elеct to recover statutory damages instead of actual damages. In this case, Plaintiffs request to be awarded the minimum statutory damages provided by section 504 of the Copyright Act, which amounts to $750 per violation. Because Plaintiffs seek only the minimum statutory damages and these damages аre clearly ascertainable from the complaint, no evi-dentiary hearing is necessary.
Ortiz-Gonzalez v. Fonovisa,
Plaintiff may also recover costs reasоnably incurred in this lawsuit. Attorney Joel E. Tragesser has declared under oath that Plaintiffs have incurred $335 in costs. In the Court’s experience, costs in this amount are not unreasonable.
Upon review of the submitted documentation, the Court finds it is sufficient for the Court to assess damages against Defendant withоut the need for a hearing on damages. Accordingly, the Court GRANTS Plaintiffs’ motion for default judgment against Defendant, Heather Johnson.
Plaintiffs also seek tо permanently enjoin Defendant from committing any further copyright infringements. Section 502(a) of the Copyright Act specifically provides for injunctivе relief. 17 U.S.C. § 502(a). Injunctions are regularly issued pursuant to section 502 because “the public interest is the interest in upholding copyright protections.”
Autoskill, Inc. v. Nat’l Educ. Support Sys., Inc.,
CONCLUSION
For the reasons , set forth above, Plaintiffs’ Application for Entry of Default Judgment By the Court is GRANTED. The Court ORDERS default judgment bе entered in favor of Plaintiffs and against Defendant, Heather Johnson, as follows: (1) $7,500 in statutory damages; (2) statutory post-judgment interest at a rate of 5.24% tо Plaintiffs on the amount identified in subsection (1); and (3) $335 as costs incurred.
IT IS FURTHER ORDERED that Defendant, Heather Johnson, shall be and hereby is enjoined from directly or indireсtly infringing Plaintiffs’ rights under federal or state law in the following copyrighted sound recordings:
• “Make It Last Forever,” on album “Make It Last Forever,” by artist “Keith Sweat” (SR# 86-761);
• “Rоpe Burn,” on album “The Velvet Rope,” by artist “Janet Jackson” (SR# 261-516);
• “Rule,” on album “Stillmatic,” by artist “Nas” (SR# 305-698);
• “Round and Round,” on album “Share My World,” by artist “Mary J. Blige” (SR# 238-818);
• “Please Don’t Go,” on album “Cooley-highharmony,” by artist “Boyz II Men” (SR# 212-333);
• “All at Once,” on album “Whitney Houston,” by artist “Whitney Houston” (SR# 60-716);
• “Rain,” on album “Release Some Tension,” by artist “SWV” (SR# 249-300);
• “Music Box,” on album “Music Box,” by artist “Mariah Carey” (SR# 178-631);
• “Grindin’,” on album “Lord Willin’,” by artist “Clipse” (SR# 321-673);
• “Remember The Time,” on album “Dangerous,” by artist “Michael Jackson” (SR# 178-165);
and in any other sound recording, whethеr now in existence or later created, that is owned or controlled by Plaintiffs (or any parent, subsidiary, or affiliate record label of Plaintiffs) (“Plаintiffs’ Recordings”), including without limitation by using the Internet or any online media distribution system to reproduce (i.e., download) any of Plaintiffs’ Recordings, to distribute (i.e. upload) any of Plaintiffs’ Recordings, or to make any of Plaintiffs’ Recordings available for distribution to the public, except pursuant to a lawful licensе or with the express authority of Plaintiffs. Defendant also shall destroy all copies of Plaintiffs’ recordings that Defendant has downloaded onto аny computer hard drive or server without Plaintiffs’ authorization and shall