contributing to this site’s archived posts addressing battle sports piracy, reasons for judgement were released just recently by the us district Court W.D. Kentucky, Paducah Division, awarding $2,200 in damages for the industrial piracy of UFC 165
In the recent situation (Joe Hand Promotions, Inc. v. Dick) the Defendants displayed UFC 165 in a bar without paying the industrial sub-licensing charges to the Plaintiff. The expense would have been approximately $1,100. The Plaintiff acquired default judgement. The Court discovered appropriate damages would be double the expense of the licence plus legal fees. In discovering this to be a practical evaluation of damages senior district judge Thomas Russell provided the complying with reasons:
Unsurprisingly, there are many who desire to display prominent sports programming however stay unwilling to pay for the privilege. [Id., ¶ 4.] To make sure those businesses pay their fair share, Joe Hand Promotions dispatches investigators to regional bars as well as restaurants on the nights of major showings, including the broadcast of the ultimate fighting championship 165: Jon Jones v. Camiseta Sanfrecce Hiroshima Alexander Gustafsson, to catch “signal pirates” in the act. [Id., ¶¶ 5-6.]
Brandy Marie Dick is a managing member of The Neon Saddle LLC, which has as well as operates The Neon Saddle, a bar found in Paducah, Kentucky. [R. 1 at 2, ¶¶ 7-8 (Complaint).] An detective for Joe Hand Promotions, Shawna M. Spiller, visited The Neon Saddle on the night of September 21. [R. 11-4 at 1-2 (Spiller’s Affidavit).] Spiller estimated the capability Camiseta Club America of The Neon Saddle to be around ninety people. [Id. at 2.] inside the establishment, Spiller observed one of two televisions exhibiting the ultimate fighting championship 165: Jon Jones v. Alexander Gustafsson. [Id. at 1.] The Neon Saddle, however, had not went into into a sublicensing contract with Joe Hand Promotions to display that program. [R. 11-2 at 3, ¶ 8.] had Dick as well as The Neon Saddle paid for the right to display that program, the expense would have been $1,100.00. [R. 11-3 at 1 (Rates).]
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From the affidavit of Joe Hand, Jr., the president of Joe Hand Promotions, the Court is satisfied that the program was not “mistakenly, innocently, or accidentally intercepted.” [R. 11-2 at 3-4, ¶ 9; see likewise id. at 5, ¶ 13.] It seems apparent that the interception was for personal monetary gain too. [Id. at 5-6, ¶ 15.] based on Joe Hand Promotions’ pricing structure, Dick as well as The Neon Saddle LLC should have paid Joe Hand Promotions around $1,100.00 for a sublicense to broadcast the program. [Id. at 3, ¶ 7; R. 11-3 at 1; R. 11-4 at 2.] Instead, Joe Hand Promotions spent $1572.50 to prosecute this action. [R. 11-1 at 1 (Riley’s Affidavit).]
Having carefully reviewed the record, the Court discovers statutory damages in the amount of $2,200.00 to be appropriate as well as within the typical variety awarded in this District. See Joe Hand Promotions, Inc. v. Hernandez, No. 3:14-CV-86-CRS, 2016 WL 502058, at *4 (W.D. Ky. Feb. 8, 2016) (awarding $1,000 for non-willful violation); Joe Hand Promotions, Inc. v. Young, No. 5:09-CV-157, 2010 WL 3341449, at *3-4 (W.D. Ky. Aug. 24, 2010) (awarding $4,800 for non-willful violation); Joe Hand Promotions, Inc. v. Williams, No. 3:07-CV-406-JDM, Camiseta West Ham United 2010 WL 341513, at *2-3 (W.D. Ky. Jan. 22, 2010) (awarding $1,000 for non-willful violation). An award of $1,572.50 to cover Joe Hand Promotions’ costs as well as attorney’s charges is reasonable too. See 47 U.S.C. § 553(c)(2)(C). Therefore, the Court will go into judgment against Dick as well as The Neon Saddle LLC in the amount of $3,772.50.
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