contributing to this site’s archived situation summaries of battle sports piracy judgements, reasons were released this week by the us district Court, D. Colorado, ordering Defendants to pay $12,000 in damages for the piracy of UFC 205.
In the recent situation (Joe Hand Promotions, Inc. v. Purple Pig, LLC) Camiseta Selección de fútbol de Polonia the Defendants displayed UFC 205 in a industrial establishment without buying the industrial sub licence enabling them to do so. The expense would have been Camiseta Club America $998. The Plaintiff sued as well as acquired default judgment. In assessing statutory damages at $3,000 as well as improved damages at $9,000 district judge Philip Brimmer provided the complying with reasons:
Plaintiff seeks $5,000 in Camiseta SSC Napoli statutory damages for that violation. See Docket No. 18-1 at 6. In assessing the reasonableness of that amount, the Court will think about the licensing charge that defendants would have paid based on the prospective occupancy of the space, any type of cover fee paid by the patrons in attendance on the night of the Program, as well as any type of revenues connected with the purchase of food as well as drink during the Program. …
Here, plaintiff specifies that the industrial sublicensing charge would have been $998 for a maximum terminate code occupancy of between seventy-six as well as one hundred persons. See Docket No. 18-2 at 2-3, ¶ 7; see also Docket No. 18-3 at 2 (expressing viewpoint that maximum occupancy of Purple Pig Pub is one hundred people). Plaintiff likewise provides evidence that there was no cover charge, the Program was exhibited on two sixty-to-seventy-inch television screens, as well as there were approximately fifty patrons in the establishment at the time of the Program. …
Considering these factors as well as the awards in other cases…the Court discovers that $3,000 in statutory damages constitutes appropriate payment for defendants’ infraction of § 605(a)….
Plaintiff likewise seeks $20,000 in improved damages for a willful infraction under § 605(e)(3)(C)(ii). That section provides:
In any type of situation in which the court discovers that the infraction was dedicated willfully as well as for functions of direct or indirect industrial advantage or personal monetary gain, the court in its discretion may boost the award of damages, whether actual or statutory, by an amount of not more than $100,000 for every infraction [of § 605(a)].
47 U.S.C. § 605(e)(3)(C)(ii). Courts think about the complying with factors in determining whether to award improved damages for willful conduct under § 605(e)(3)(C)(ii): “repeated violations over an prolonged period of time; considerable unlawful monetary gains; considerable actual damages to plaintiff; defendant’s marketing for the meant broadcast of the event; defendant’s charging a cover fee or charging premiums for food as well as drinks.” …
the factors determined above do not support a big improved damages award….The Court nonetheless recognizes the importance of addressing the willfulness of defendants’ conduct as well as deterring future violations. See Gutierrez, 544 F. Supp. 2d at 1185. For functions of achieving these goals, the Court discovers an improved damages award of $9,000, or treble the statutory damages, to be appropriate under § 605(e)(3)(C)(ii).
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