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Broad. Music, Inc. v. Rider Rock's Holding LLC

United States District Court, N.D. New York

July 14, 2017

BROAD. MUSIC, INC.; EMI BLACKWOOD MUSIC, INC.; PEERMUSIC III LTD.; SCREEN GEMS-EMI MUSIC, INC.; and WARMER-TAMERLANE PUBL'G CORP., Plaintiffs,
v.
RIDER ROCK'S HOLDING LLC d/b/a Rocks; and LANCE J. RIDER, Defendants.

          HARRIS BEACH PLLC Counsel for Plaintiffs

          NEAL L. SLIFKIN, ESQ.

          DECISION AND ORDER

          GLENN T. SUDDABY, Chief United States District Judge.

         Currently before the Court, in this copyright infringement action filed by Broadcast Music, Inc., EMI Blackwood Music, Inc., Peermusic III Ltd., Screen Gems-EMI Music, Inc., and Warner-Tamerlane Publishing Corp. (“Plaintiffs”), against Rider Rock's Holding, LLC, and Lance J. Rider (“Defendants”), is Plaintiffs' motion for default judgment pursuant to Fed.R.Civ.P. 55(b). (Dkt. No. 13.) For the reasons stated below, Plaintiffs' motion is granted.

         I. RELEVANT BACKGROUND

         A. Plaintiffs' Complaint

         Liberally construed, Plaintiffs' Complaint asserts the following four claims against Defendants: (1) a claim of copyright infringement of “And When I Die” by Laura Nyro; (2) a claim of copyright infringement of “Georgia On My Mind” by Stuart Gorrell and Hoagy Carmichael; (3) a claim of copyright infringement of “Hello It's Me” by Todd Rundgren; and (4) a claim of copyright infringement of “She Talks to Angels” by Chris Robinson and Rich Robinson. (See generally Dkt. No. 1.) Generally, in support of this claim, Plaintiffs' Complaint alleges as follows: (1) Broadcast Music, Inc. (“BMI”) “reached out to Defendants more than seventy (70) times by phone, mail, and e-mail” to “educate Defendants as to their obligations under the Copyright Act”; (2) BMI sent Defendants Cease and Desist Notices, providing formal notice to Defendants that they needed to cease all use of BMI-licensed music in Defendants' establishment; and (3) Defendants' entire course of conduct has caused and is causing Plaintiffs “great and incalculable” damage by continuing to provide unauthorized public performances of works in the BMI Repertoire at the Establishment. (Id.)

         B. Plaintiffs' Service of Their Complaint and Defendants' Failure to Answer

         On November 23, 2016, Plaintiffs served their Complaint on Defendants. (Dkt. No. 3.) As of the date of this Decision and Order, Defendants have filed no Answer to that Complaint. (See generally Docket Sheet.)

         C. Clerk's Office's Entry of Default and Defendants' Non-Appearance

         On January 12, 2017, Plaintiffs filed a request entry of default. (Dkt. No. 9.) On January 18, 2017, the Clerk of the Court entered default against Defendants, pursuant to Fed.R.Civ.P. 55(a). (Dkt. No. 10.) As of the date of this Decision and Order, Defendants have not appeared and attempted to cure that entry of default. (See generally Docket Sheet.)

         D. Plaintiffs' Motion for Default Judgment and Defendants' Non-Response

         On February 21, 2017, Plaintiffs filed a motion for default judgment against Defendants, pursuant to Fed.R.Civ.P. 55(b). (Dkt. No. 13.) As of the date of this Decision and Order, Defendants have filed no response to that motion. (See generally Docket Sheet.)

         Generally, in support of their motion for default judgment, Plaintiffs argue as follows: (1) Defendants' default establishes their liability; (2) because Plaintiffs should not be required to bring a lawsuit to protect their rights, having to do so shows irreparable injury, (3) monetary damages do not provide an adequate reward for this type of copyright infringement; and (4) it is in the public's interest to ensure future copyright holders are protected from infringers; thus favoring an injunction. (Dkt. No. 13, Attach. 11.) Familiarity with the particular grounds for ...


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