Awarding the plaintiff statutory damages to recoup the avoided licensing fee accords with awards in similar actions in this district. Joe Hand Promotions, Inc. v. Saed, et al., No. 8:18-cv-2237-T-23TGW, Doc. No. 27 (M.D. Fla. May 2, 2019); J & J Sports Prods., Inc. v. Arboleda, No. 6:09-CV-467-ORL-18DAB, 2009 WL 3490859, at *6 (M.D. Fla. Oct. 27, 2009); Kingvision Pay-Per-View Corp. v. El Torito Supermarket, Inc., No. 6:06-cv-657-Orl-18KRS, 2007 WL 1794158, at *4 (M.D. Fla. June 19, 2007); Kingvision Pay-Per-View Corp. v. Wright, No. 8:06-CV-892-T-30MAP, 2006 WL 4756450, at *3 (M.D. Fla. Oct. 27, 2006). In requesting damages for the copyright infringement, Plaintiff provides no argument or evidence regarding the profits Defendants reaped because of the infringement.
00 in statutory damages is warranted and sufficient because that is the fee Defendant would have paid to obtain a commercial sub-license to exhibit the Program publicly. See ADJ Entity, LLC, 2011 WL 4102314, at *4 (awarding statutory damages in the amount of the license fee that the defendant, based on its maximum capacity, would have paid the plaintiff if it had legally purchased the right to exhibit the program); McBroom, 2009 WL 5031580, at *4 (same); J & J Sports Prods., Inc. v. Arboleda, No. 6:09-cv-467-Orl-18DAB, 2009 WL 3490859, at *7 (M.D. Fla. Oct. 27, 2009) (same); Kingvision Pay-Per-View Corp. v. El Torito Supermarket, Inc., No. 6:06-cv-657-Orl-18KRS, 2007 WL 1794158, at *3 (M.D. Fla. June 19, 2007) (same). The Court also finds that an award of enhanced damages is justified. Consistent with other courts in this circuit, the Court awards Plaintiff enhanced damages in the amount of $6,600.
Upon finding a violation of the statutes, a plaintiff may elect between actual or statutory damages. Kingvision Pay-Per-View Corp., Ltd. v. El Torito Supermarket, Inc., No. 6:06-cv-657-Orl-18KRS, 2007 WL 174158, at *3 (M.D. Fla. June 19, 2007). Here, Plaintiff elects to receive statutory damages and moves the Court to award the maximum amount of statutory damages against Defendants of up to $110,000, plus attorney's fees and costs.
"It appears that joint and several liability is available for violations of the Communications Act." Kingvision Pay-Per-View Corp., Ltd. v. El Torito Supermarket, Inc., 2007 WL 1794158, *3 (M.D. Fla. Jun. 19, 2007); Cable/Home Comm. Corp. v. Network Prod., Inc., 902 F.2d 829, 852 (11th Cir. 1990) (declining to disturb award of joint and several damages between corporate and individual defendants). Accordingly, it is ORDERED that the Plaintiff's motion for default judgment (Doc. 36) against Defendant Fakhry Al-Shaikh individually and as officer, director, shareholder and/or principal of AF, LLC, d/b/a The Purple Café, a/k/a Purple Café, and Defendant AF, LLC, d/b/a The Purple Café, a/k/a Purple Café, is GRANTED, as outlined by the terms of this Order.