United States District Court, N.D. New York
BROAD. MUSIC, INC.; EMI BLACKWOOD MUSIC, INC.; PEERMUSIC III LTD.; SCREEN GEMS-EMI MUSIC, INC.; and WARMER-TAMERLANE PUBL'G CORP., Plaintiffs,
RIDER ROCK'S HOLDING LLC d/b/a Rocks; and LANCE J. RIDER, Defendants.
BEACH PLLC Counsel for Plaintiffs
L. SLIFKIN, ESQ.
DECISION AND ORDER
T. SUDDABY, Chief United States District Judge.
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
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.)
Plaintiffs' Service of Their Complaint and
Defendants' Failure to Answer
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.)
Clerk's Office's Entry of Default and Defendants'
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.)
Plaintiffs' Motion for Default Judgment and
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.)
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