contributing to this site’s archived situations of UFC pay per view event piracy prosecutions, reasons for judgement were just recently released by the us district Court, SD Georgia, Statesboro Division, awarding very little statutory damages complying with the industrial piracy of UFC 161.
In the recent situation (Joe Hand Promotions, Inc v. Flynt) the accused operated a bar as well as bought UFC 161 at the request of a customer. The program was orderd from the meal Network as well as the accused paid the residential charge of just over $50 for the program.
The Plaintiff sued as well as acquired default judgement noting that the accused needed to pay for the industrial exhibition rights whch would have Camiseta Sao Paulo FC been $1,200 for the program.
The accused sought maximum statutory damages of $110,000 however the Court rejected this heavy handed request noting ‘enhanced damages are not warranted’ on the facts of the case. In awarding damages of $1,200, the expense of the industrial sub-licence, district judge J. Randal Hall supplied the complying with reasons:
According to Joe Hand Jr., Plaintiff’s president, Plaintiff utilized a rate card to figure out the licensing charge for the Program by recommendation to the licensed establishment’s maximum occupancy. (Doc. 9-2 Ex. 1). Additionally, Justin E. Jay, Plaintiff’s investigator, estimated that Chesterfield’s has a maximum capability of 150 persons, which accused has not disputed. (Doc. 14, Ex. A). The rate card indicates that establishments with a maximum occupancy of 150 persons were charged $1,200 to show the Program. (Doc. 9-2, ¶ 8; Doc. 9-2, Ex. 1). The Court as a result awards $1,200 in statutory damages under 47 U.S.C. § 605(e)(3)(C)(i)(II).
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The evidence in the record likewise supports Defendant’s argument. In his affidavit, accused admitted that, at the request of “a couple of friends,” who were likewise clients on this occasion, he instructed his worker to buy the Program from meal Network as well as specified that he relied on meal Network to supply him the right cost for the fight. (Doc. 12-1). In its reply brief, Plaintiff accepts that accused bought the program by means of meal Network as well as argues that Defendant’s conduct still constitutes a willful violation. (Doc. 14 at 4). In essence, accused has admitted that he called meal Network as well as bought as well as displayed the Program without Plaintiff’s authorization. Absent evidence of direct or indirect industrial advantage or personal monetary get with advertisements, drink specials, cover charges, or similar conduct, the Court concludes that improved damages are not warranted.
Plaintiff’s own affidavits do not dislodge this conclusion. For instance, Plaintiff’s investigator’s affidavit acknowledges that Chesterfield’s did not need a cover charge. (Doc. 14-1, Ex. A). Plaintiff likewise submitted a Facebook publish by Chesterfield’s. (Doc. 14-2, Ex. B). however the Facebook publish does not suggest the date it was made or the specific U.F.C. fight being broadcast. And, although the Facebook publish mentions drink specials, one more publish indicates the exact same specials were used on the previous day when presumably no U.F.C. fight was broadcast. (Id.) The drink specials appear to be a routine happy-hour special as well as not a promotion connected to a U.F.C. program.
This situation is as a result lacking the extra evidence needed to award improved damages. See J & J sports Prods., Inc. v. Bolano, No. 5:14-cv-03939-BLF, 2015 WL 4512322, at *4 (N.D. Cal. July 24, 2015); Joe Hand Promotions, Inc. v. Plummer, No. 3:14-cv-00001, 2014 WL 3749148, at *3 (N.D. Miss. July 29, 2014); Joe Hand Promotions, Inc. v. Becchetti, No. 12-cv-1242, 2013 WL 4520638, at *5 (M.D. Pa. Aug. 26, 2013). Absent that, the Court discovers that Defendant’s conduct does not make up a infraction of 47 U.S.C. § 605(e)(3)(C)(i)(11). The Court as a result DENIES Plaintiff’s request for Camiseta Yokohama F. Marinos improved damages.
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