Unreported / Non-Citable
Background
Michael Brandon Clement published a video showing vehicles sliding on a Dallas bridge after an ice storm. The video was published on January 30, 2023, registered with the U.S. Copyright Office on March 9, 2023, and assigned in writing to Global Weather Productions, LLC on June 4, 2023.
DTX Media Group, LLC displayed the video on its Twitter account, now known as X, without permission. Global Weather alleged that DTX continued displaying the video after receiving notice of the infringement. DTX was properly served but did not respond, and the clerk entered default.
The Court’s Holding
The court granted Global Weather’s motion for default judgment. Applying the Fifth Circuit’s default-judgment factors, it found no material factual dispute, no substantial prejudice to DTX, no indication of excusable neglect, and no apparent reason the judgment would later have to be set aside. The well-pleaded allegations and submitted copyright registration and screenshots established ownership of a valid copyright and unauthorized copying.
The court deemed the infringement willful because of DTX’s default and its continued conduct after receiving notice. It nevertheless rejected Global Weather’s requested $30,000 statutory award as excessive without evidence of licensing fees or actual damages, awarding $20,000 instead. It also reduced counsel’s requested $700 hourly rate to a reasonable Dallas-market rate of $450, producing a $765 fee award, and awarded $445 in costs plus postjudgment interest at 4.05%.
Key Takeaways
- A defendant’s default admits well-pleaded factual allegations supporting copyright liability, but it does not automatically establish the amount of damages.
- The court treated the infringement as willful based on DTX’s default and continued display of the video after notice.
- Prior unexplained awards of $30,000 did not justify the same amount without evidence of licensing fees or actual losses, and fee rates were measured by the market where the court sits.
Why It Matters
The decision illustrates that even after default, copyright plaintiffs must provide a persuasive basis for the statutory damages and attorney’s fees they request. Courts retain broad discretion to select a statutory award and may discount both damages and out-of-market billing rates when the supporting evidence is thin.