United States District Court, S.D. Ohio, Eastern Division
L. GRAHAM UNITED STATES DISTRICT JUDGE
has filed a motion for default judgment against defendants
Jessica Murphy and Christopher Henslee. See Doc. 55.
As to each of these defendants, plaintiff seeks statutory
damages for copyright infringement in the amount of $15, 000,
and attorney fees in the amount of $962.50. Defendants did
not respond to the motion.
25, 2017, an order was filed directing plaintiff to submit
any additional information it had concerning the
circumstances of the violations within fourteen days. On
August 10, 2017, plaintiff filed a declaration supported by
records from MaverickEye which indicated that defendant
Murphy shared one version of the film at least eight times
and another unauthorized version of the film eight times, and
that defendant Henslee shared the film forty-six times.
However, no information has been submitted as to whether this
sharing occurred automatically through the BitTorrent or
Copyright Act permits an award of statutory damages in lieu
of actual damages attributable to the infringement. 17 U.S.C.
§504(a) - (c). Statutory damages for each individual act
of infringement range from $750 to $30, 000. 17 U.S.C.
§504(c)(1).Where the copyright owner establishes willful
infringement, the court may increase the award of statutory
damages up to a maximum of $150, 000 per infringement. 17
Court has substantial discretion to set statutory damages
within the permitted range, but it is not without
guidance.” Broadcast Music, Inc. v. H.S.I.,
Inc., No. C2-06-482, 2007 WL 4207901 at *4 (S.D. Ohio
Nov. 26, 2007). In ruling on the motion for default judgment,
this court must determine whether the amount of statutory
damages sought by plaintiff is reasonable. In doing so, the
court considers: “‘(1) whether [d]efendants'
infringement was willful, knowing, or innocent; (2)
[d]efendants' profit from the infringement; (3)
[p]laintiffs' loss from infringement; and (4) determining
future violations by [d]efendants and similarly situated
entities.'” Broadcast Music, Inc. v. 4737 Dixie
Highway, LLC, No. 1:12-cv-506, 2012 WL 4794052 at *4
(S.D.Ohio Oct. 9, 2012)(quoting H.S.I., Inc., 2007
WL 4207901 at *4).
the entry of default has established a copyright infringement
by defendants Murphy and Henslee, it is not necessarily the
case that they were the original users who made
plaintiff's work available to the public. The nature of
BitTorrent is such that defendants likely would not have
reaped any profit from their participation in the
infringement of plaintiff's copyrights except for the
price of a movie theater ticket or DVD that they saved by
illegally downloading the emotion pictures. See AF
Holdings, LLC v. Bossard, 976 F.Supp.2d 927, 931 (W.D.
Mich. 2013). There is no evidence that defendants profited
from the infringement by using the film commercially. The
court concludes that an award of statutory damages in the
amount of $1, 500 against defendant Murphy and an award of
statutory damages in the amount of $1, 500 against defendant
Henslee will properly account for the defendants' gain,
plaintiff's loss and the public's interest in
deterring future violations.
also seeks attorney's fees in the amount of $962.50.
“The grant of fees and costs ‘is the rule rather
than the exception and they should be awarded
routinely.'” Bridgeport Music, Inc. v. WB Music
Corp., 520 F.3d 588, 592 (6th Cir. 2008), quoting
Positive Black Talk Inc. v. Cash Money Records,
Inc., 394 F.3d 357, 380 (5th Cir. 2004)). The
attorney's fees requested in this case are reasonable,
and plaintiff is awarded $481.25 in attorney's fees as to
defendant Murphy and $481.25 in attorney's fees as to
also seeks to enjoin defendants from directly or indirectly
infringing its copyrighted work. The Copyright Act authorizes
temporary or injunctive relief as a remedy for infringement
“on such terms as [the court] may deem reasonable to
prevent or restrain infringement fo a copyright.” 17
U.S.C. §502(a). A showing of past infringement and a
substantial likelihood of future infringement justifies
issuance of a permanent injunction. Bridgeport Music,
Inc. v. Justin Combs Pub., 507 F.3d 470, 492 (6th cir.
2007). Plaintiff has established past infringement by the
defendants. Considering the nature of the BitTorrent system
and the nature of the copyrighted work, plaintiff has
sufficiently established a continuing threat to its
court orders that a permanent injunction is entered against
defendants Jessica Murphy and Christopher Henslee, as
Defendants Jessica Murphy and Christopher Henslee are
enjoined from directly or indirectly infringing
plaintiff's rights in the motion picture Mechanic:
Resurrection, including without limitation by using the
Internet to reproduce or copy Mechanic:
Resurrection, to distribute Mechanic:
Resurrection, or to make Mechanic: Resurrection
available for distribution to the public, except pursuant to
a lawful license or with the express authority of the
plaintiff. Defendants Jessica Murphy and Christopher Henslee
are also enjoined to destroy all copies of Mechanic:
Resurrection that defendant Jessica Murphy and
Christopher Henslee have downloaded or transferred, without
plaintiff's authorization, onto any physical medium
device in the defendants' possession, custody or control.
accordance with the foregoing, plaintiff's motion for
default judgment against defendants Jessica Murphy and
Christopher Henslee (Doc. 55) is granted in part and denied
in part. The clerk shall enter default judgment in favor of
plaintiff against defendants Jessica Murphy and Christopher
Henslee in accordance with the foregoing.
has also filed a motion to dismiss with prejudice its claim
against defendant David Brown, and to adopt the proposed
consent restraining order. The motion (Doc. 60) is granted.
The claim against David Brown is dismissed with ...