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Bertam Music Co. v. Maggie's Café

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 11, 2007

BERTAM MUSIC COMPANY; JORDAN ROCKS MUSIC; WB MUSIC CORP.; STEREO SUPERSONIC MUSIC; EMI (GLS/DRH) APRIL MUSIC, INC.; LELLOW PRODUCTIONS, INC.; PARAMOUNT MUSIC CORPORATION; SOUTHERN MUSIC PUBLISHING CO., INC.; PERRENVIBES MUSIC, INC.; AND UNIVERSAL-POLYGRAM INTERNATIONAL PUBLISHING, INC.; PLAINTIFFS,
v.
MAGGIE'S CAFÉ, INC. AND MARGARET SMITH, DEFENDANTS.

The opinion of the court was delivered by: Gary L. Sharpe U.S. District Judge

ORDER

On June 25, 2006, plaintiffs commenced this action against defendants for violations of Federal Copyright Law under Title 17 of the United States Code, pursuant to 28 U.S.C. § 1338(a). See Dkt. No. 1. The defendants have failed to appear in this action, and their time to do so has expired. See FED. R. CIV. P. 12(a). On September 6, plaintiffs filed a Request for Entry of Default against defendants pursuant to Federal Rule of Civil Procedure 55 and Local Rule 55.1. See Dkt. No. 8. The Clerk of the court entered plaintiffs' request on September 11. See Dkt. No. 10. Plaintiffs now move for default judgment against defendants.

Having reviewed the record and plaintiffs' submissions, the court finds that plaintiffs are entitled to the minimal statutory penalty on each of the six complained-of copyright infringements. See 17 U.S.C. § 504. Moreover, the award of attorneys fees is limited to the hourly rates governed by the lodestar method.*fn1

WHEREFORE, for the foregoing reasons, it is hereby

ORDERED that plaintiffs' Motion for Default Judgment is GRANTED; and it is further

ORDERED that Defendants pay statutory damages to plaintiffs for copyright infringement of the musical compositions listed in Schedule A to the Complaint, in the total principal sum of FOUR-THOUSAND, FIVE-HUNDRED DOLLARS ($4,500), representing the minimal statutory penalty of $750 on each of the six violations; and it is further

ORDERED that defendants are enjoined from any further unauthorized or unlicensed performance of any of the works in the repertory of plaintiffs or the American Society of Composers, Authors, and Publishers (ASCAP); and it is further

ORDERED that defendants pay plaintiffs' costs and reasonable attorneys' fees pursuant to the lodestar method in the amount of TWO-THOUSAND SEVEN-HUNDRED AND SIXTY-SEVEN DOLLARS ($2,767.00), representing costs in the amount of $570.00 and attorneys' fees in the amount of 16.70 hours of work performed by Carolyn A. Symonds, a paralegal, and 4.10 hours of work performed by Michael J. Sciotti, Esq., an experienced attorney; and it is further

ORDERED that the Clerk of the Court provide a copy of this Order to the parties by regular mail.

IT IS SO ORDERED.


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