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Virgin Records America, Inc. v. Lacey

United States District Court, Southern District of Alabama · Civil Procedure

Civil ProcedureDefault JudgmentCopyright InfringementRule 55default judgmentclerk's entry of defaultfailure to plead or otherwise defendwell-pleaded allegations

Facts

Plaintiffs sued Bertha Lacey for copyright infringement, alleging that she used an online media distribution system to download and/or distribute eight specific copyrighted sound recordings, or make them available for distribution, without permission. Lacey was served at her dwelling by leaving the summons and complaint with her son, and she never answered or otherwise appeared. The clerk entered default, mailed notice to Lacey, and she still did not respond. Plaintiffs then sought default judgment, minimum statutory damages, costs, and a permanent injunction.

Issue

Whether the court should enter default judgment against a properly served defendant who failed to appear, and whether the complaint and record supported an award of minimum statutory damages, costs, and permanent injunctive relief without an evidentiary hearing.

Rule

A default judgment is appropriate under Rule 55 when a defendant, after proper service, fails to plead or otherwise defend, but default does not automatically entitle the plaintiff to judgment. The court must ensure that the complaint's well-pleaded factual allegations, deemed admitted by default except as to damages, state a claim for relief. Damages must still be determined by the court, although no evidentiary hearing is required where the amount is ascertainable from the record or is fixed by statute. In copyright cases, the court may award statutory damages under 17 U.S.C. § 504(c), costs under 17 U.S.C. § 505, and permanent injunctive relief under 17 U.S.C. §§ 502 and 503 when liability is established and a continuing threat of infringement exists.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Phoenix, Aurora Sound Publishing sued Nina Torres for copyright infringement. A process server left the summons and complaint at Torres's home with her adult roommate, and Torres filed nothing for nearly three months; the clerk then entered default.

Aurora moves for default judgment. Which fact most strongly supports the court's authority to enter default judgment under the governing rule?

Explanation. Default judgment is appropriate only after strict compliance with procedural prerequisites. The court must confirm proper service and a failure to plead or otherwise defend under Rule 55, with entry of default preceding default judgment. The other facts do not establish the court's power to enter default judgment. (Derived from Virgin Records America, Inc. v. Lacey (n.d.).)