MEMORANDUM OF POINTS AND AUTHORITIES
Righthaven moves this Court for entry of a default judgment against Defendant Bill Hyatt(“Defendant”) based on his failure to file a responsive pleading or otherwise appear within thetime allotted under Federal Rule of Civil Procedure 12(a)(1)(A)(i). As set forth herein,Righthaven requests an award of damages in the amount of $150,000.00. Righthavenadditionally requests an award of attorney’s fees and costs in the amount of $1,850.00.(Mangano Decl. ¶¶ 4-7.) Righthaven additional asks this Court to, among other things, permanently enjoin Defendant from engaging in any further infringement of Righthaven-ownedcopyrighted works.
Righthaven filed the Complaint in this matter on October 6, 2010. (Doc. # 1.) Service of the Summons on Defendant was effectuated on October 11, 2010. (Doc. # 6.) To date,Defendant has not appeared, answered, or otherwise defended in any way this action. OnJanuary 12, 2011, the Clerk of this Court entered default against Defendant. (Doc. # 9.) GivenDefendant’s apparent intent to ignore this action and in view of the arguments set forth below,Righthaven is entitled to entry of a default judgment in its favor.
Defendant has willfully infringed the Righthaven-owned copyrighted work at-issue inthis case, thereby derogating Righthaven’s exclusive rights under 17 U.S.C. §§ 106(1)-(3) and(5).
Defendant has failed to timely answer, plead, or otherwise defend this action and default
Pursuant to 17 U.S.C. § 106, the owner of a copyright has the exclusive right to do and to authorize any of the(1)
to reproduce the copyrighted work in copies or phonorecords;(2)
to prepare derivative works based upon the copyrighted work;(3)
to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;(4)
in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, to perform the copyrighted work publicly;(5)
in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and(6)
in the case of sound recordings, to perform the copyrighted work publicly by means of adigital audio transmission.
Case 2:10-cv-01736-KJD-RJJ Document 17 Filed 02/10/11 Page 2 of 9