Broadcast Music, Inc. v. Haibo, Inc.

When assessing the amount of statutory damages warranted for infringement, the Court has wide discretion.

Opinion (Skretny): Djiang Haibo (“Haibo”) of Haibo Inc., and proprietor of Yings Wings Things, was sued for copyright infringement by Broadcast Music Inc. (“BMI”) for 8 songs played on two different nights at Yings Wings Things. The court easily found valid copyrights, and the intentional infringement of their use. The court then assessed the amount of statutory damages warranted for each, an analysis for which the Court is granted wide discretion. The court looked at the infringer’s state of mind, expenses saved and profits earned by the infringer, revenue lost by the copyright holder, the deterrent effect on infringer and third parties, the infringers cooperation in providing evidence concerning value of the infringing materials, and the conduct of the parties attitude. The court asserted that it could charge up to $150,000 per intentional infringement; however, BMI only requested $3,000 for each infringement and Haibo requested $2,000. The court split the difference of the requested amounts, reaching a total of $20,000. Mr. Haibo and Haibo inc. were joint and severally liable for the $20,000 as, “All persons and corporations who participate in, exercise control over, or benefit from the infringement are jointly and severally liable as copyright infringers.” Thus, summary judgment was GRANTED in favor of BMI.