contributing to this site’s archived articles addressing battle sports piracy, reasons for judgement were released just recently by the us district Court, ND Texas, Dallas Division, awarding damages of $20,000 for the industrial piracy of UFC 162.
In the recent situation (Joe Hand Promotions, Inc. v. 2 Tacos Bar as well as Grill) the accused displayed UFC 162 without paying the Plaintiff the industrial sub licencing charge which would have been $1,300. The Plaintiff sued as well as acquired default judgement. Joe Hand sought $60,000 in overall damages however the Court refused discovering $20,000 adequate in the circumstances. In reaching this evaluation chief district judge Barbara M. G. Lynn supplied Camiseta Selección de fútbol de Croacia the complying with reasons:
The uncontroverted evidence indicates that there were 70 patrons at 2 Tacos at the time of the violation. ECF No. 15-5 at 1. Plaintiff’s rate card for the event additionally indicates that for a maximum occupancy of 165 people, the capability of 2 Tacos, it would have expense $1,300 to lawfully broadcast the Event. ECF No. 15-4 at 1. The Court discovers it reasonable, therefore, to award base statutory damages in the amount of $5,000. See Beck, 2013 WL 5592333, at *2 (“[T]o adequately deter piracy, the expense of piracy need to be substantially higher than the expense of getting a license.”).
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The Court concludes that 2 Tacos as well as Hinojosa acted willfully. provided “the restricted techniques of intercepting closed circuit broadcasting of pay-per-view events as well as the low probability that a industrial establishment might intercept such a broadcast simply by chance,” courts have held that conduct such as that of 2 Tacos as well as Hinojosa in this situation to be willful as well as for the functions of industrial advantage. E.g., Al-Waha Enters., 219 F. Supp. 2d at 777 (citing cases); Beck, 2013 WL 5592333 (“[I]t is evident that industrial establishments show sports programs to draw business, not out of charity.”). However, the Court notes that there was no cover fee imposed to go to the Event, as well as Plaintiff does not allege that 2 Tacos was a repeat offender in broadcasting the Event. Taking those facts into consideration, therefore, the Court in its discretion will only award overall damages of $15,000, or three times the base award amount. Al-Waha, 219 F. Supp. 2d at 766 (awarding treble damages in a similar case); Beck, 2013 WL 5592333 (same); see likewise Alima, 2014 WL 1632158, at *5 (awarding Camiseta Selección de fútbol de Francia four times the base statutory damages in extra damages when a cover was charged to view the unauthorized broadcast). Plaintiff is therefore entitled to a statutory damages pursuant to 47 U.S.C. § 605(e)(3)(C)(i)(II) from 2 Tacos as well as Hinojosa, jointly as well as severally, in the amount of $5,000 as well as extra damages pursuant to 47 U.S.C. § 605(e)(3)(C)(ii) from 2 Tacos as well as Hinojosa, jointly as well as severally, in the amount of $15,000. Plaintiff is entitled to overall Camiseta Selección de fútbol de Irán damages in the amount of $20,000.
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