United States District Judge, Alfred V. Covello orders judgment in the amount of $3,148,607

Hot off the presses!!!

United States District Judge, Alfred V. Covello orders judgment in the amount of $3,148,607.

The United States District Court, District of Connecticut, has issued its RULING ON THE PLAINTIFF’S MOTION FOR A DEFAULT JUDGMENT, in re Melissa Scott v Timothy Briggs, and Does 1 though 10.

In his ruling, Judge Covello, granted in part and denied in part Plaintiff, Melissa Scott’s, Motion for Default Judgment. Judge Covello awarded Scott three million, one hundred forty-eight thousand, six hundred seven dollars ($3,148,607.00), which included attorney’s fees and costs of twenty-three thousand, six hundred seven dollars ($23,607.00).

The portion of the requests denied by Judge Covello were in the statutory damages and attorney’s fees. Scott requested the maximum statutory damages for each work, one-hundred fifty thousand dollars ($150,000.00). Judge Covello denied this request, citing Hollander Glass Texas, Inc. v. Rosen Paramount Glass Co., Inc. “Cases where high statutory damages are awarded typically involve defendants who profit significantly despite repeated notices that they are infringing on the plaintiff’s copyright.” The Judge reasoned that Scott did not prove Briggs profited from the infringement, nor did Scott prove a loss of revenue. Based on this relevant factor, Judge Covello denied Scott’s request for the maximum statutory damages. A part of Scott’s request for attorney’s fees was also denied. Scott requested fees of $30,167.93, representing the fees associated with three different law firms. Judge Covello denied plaintiff’s request for full attorney’s fees for Mark S. Lee Esq. Scott requested $16,320 but the court awarded half, eight-thousand one-hundred sixty dollars ($8,160.00).

That is where Briggs’ luck ran out. The rest of the order is entirely in Scott’s favor in epic fashion. Judge Covello found that Scott possessed a valid copyright for 125 works which Briggs infringed and granted statutory damages in the amount of twenty-five thousand dollars ($25,000.00) for each infringement, totaling three million, one hundred twenty-five thousand dollars ($3,125,000.00). The Judge found “Briggs’ state of mind and his conduct and attitude are factors that weigh in Scott’s favor; as does the deterrent effect on the infringer and third parties.” This statement is very important. It establishes, as a matter of judicial discretion, that the award was issued in part as a deterrent against future infringement by defendant Briggs or third-party infringers. Why does this matter? In his order, Judge Covello recognized the fact that Briggs was posting in a secret group on MeWe.com. He also recognized that the group was created by Bobbi Jones. It is possible that Judge Covello may have been sending a message with his statement: “deterrent against future infringement by defendant Briggs or third-party infringers.” After all, the Judge could have ruled as low as seven hundred fifty dollars ($750.00) for each work infringed. But he chose to include the deterrent language. Clearly, he was sending a message. The only question was to whom? Briggs alone, or also to the third-party infringers?

Judge Covello also permanently enjoined Briggs “from infringing Pastor Scott’s rights under federal or state law in the works that are owned or controlled by Pastor Scott (or any parent, subsidiary, or affiliate of Pastor Scott), including, without limitation, by using the internet or any online media distribution system to reproduce, to distribute, or make any of the works available for distribution to the public, except pursuant to a lawful license or with the express authority of Pastor Scott.” Briggs is also ordered to “destroy all copies of Dr. Scott’s works that he has downloaded, onto any computer hard drive, server or other device without Pastor Scott’s authorization and shall destroy all copies of those downloaded recordings transferred onto any physical medium or device in his possession, custody or control.” This is a harsh order. It indicates that the Judge believes the Plaintiff, that without an injunction the Defendant will continue to infringe. In this case, Briggs didn’t help himself at all. The Judge uses Briggs’ own words against him, proving intent and willfulness to infringe as well as his intent to hide his infringement, indicating that he knew what he was doing is wrong. This could be the same problem that Patrick Robinson, Bobbi Jones, et al. will face in their trial. They tried to hide their infringing activity in a secret group. This shows their knowledge of the illegality as well as their intent to cover up their actions. Even if that is not what happened, that is what the circumstances appear to show. That is going to make it an uphill battle for them. But that is a report for another time.

Finally, Judge Covello granted attorney’s fees and costs for twenty-three thousand, six hundred seven dollars ($23,607.00). This award granted Scott the full requested amount for Kevin J. Leichter, Esq., of ten thousand, nine hundred sixty-nine dollars ($10,969.00). The full requested amount for Adam B. Marks, Esq., of four thousand, four hundred seventy-eight dollars and ninety-three cents ($4,478.93). Lastly, the partially granted amount for Mark S. Lee, Esq., of eight thousand, one hundred sixty dollars ($8,160.00).

I don’t think anyone expects Briggs to be able to pay this judgment, seeing as he just filed for bankruptcy. But I’m sure what Scott was really after is the injunction. This is a powerful ruling and it gives Scott the authority of the court to perform a debtor’s examination and to enforce the order against Briggs. For any who don’t understand the full weight of the matter, this ruling means that if Briggs violates the injunction by reproducing, distributing, or making the works of Dr. Gene Scott available for distribution to the public, he will not be facing Scott in court. The United States District Court will deal with him, by placing him in jail for contempt of court, issuing a fine or both. This is a serious ruling with a lot of implications. I hope Briggs understands that this means there are consequences to his actions, and he must obey the court now.

This isn’t over, but it is entirely in Scott’s favor for the remainder of this case. Let’s wait and see if the other defendants have any success in the copyright infringement cases against them.