Doeman Music Group Media And Photography LLC v. DistroKid, LLC

Background

Doeman Music Group Media And Photography LLC brought claims against Raquella “Rocky Snyda” George under Section 512(f) of the Digital Millennium Copyright Act. That provision imposes liability on a person who knowingly makes a material misrepresentation that material is infringing, when a service provider relies on the misrepresentation to remove or disable access to the material and someone is injured as a result.

The complaint alleged that Doeman distributed the song “Scary Movie” through DistroKid, LLC. The song included a three-second vocal contribution from George. According to the complaint, Doeman and Damien Wilson retained the rights to the song, while George was paid for her contribution and agreed to receive credit. After a personal disagreement, George allegedly demanded that Wilson remove her name from the song and threatened to submit a takedown request if he did not do so. The complaint further alleged that George then falsely represented that she was the song’s copyright holder and submitted takedown requests to Spotify and, on information and belief, other platforms.

The complaint also alleged that music platforms and stores sent takedown information to DistroKid, which notified Doeman. Wilson stated in a declaration that the takedown requests caused lost streams, performances, and other damages. DistroKid and Kid Distro Holdings filed a motion to dismiss and continued defending the case. George was served, but she did not answer, appear, or otherwise respond.

Default-judgment standard

Under Rule 55 of the Federal Rules of Civil Procedure, a default judgment involves two steps: entry of default and entry of judgment. The plaintiff obtained a Clerk’s Certificate of Default against George. Her failure to answer meant that she admitted the complaint’s well-pleaded factual allegations, but she did not admit the legal conclusions. The court therefore still had to determine whether the allegations established a valid legal claim.

Court’s analysis

The court identified three elements for Doeman’s Section 512(f) claim: George knowingly misrepresented to music platforms that the song infringed her purported copyright; the platforms removed or disabled access to the song in reliance on that misrepresentation; and Doeman suffered damages as a result.

The court concluded that the complaint adequately alleged a knowing misrepresentation. It relied on the allegations that George threatened a takedown if her name was not removed, was told that Wilson was the rightful copyright owner, and nevertheless represented in the takedown request that she owned the song’s copyright. The court also considered the declaration and other documentary evidence submitted with the default-judgment motion.

The court found a reasonable basis to infer that streaming platforms and stores removed or disabled access to the song because of George’s takedown requests. It further found that the complaint and Wilson’s declaration sufficiently established that Doeman suffered some damages, including lost streams and performances.

Disposition

The court entered default judgment for Doeman against George on the complaint’s third claim. The judgment covered liability, but the amount of damages had not yet been determined. The court also awarded costs, interest, and attorneys’ fees in amounts to be calculated later at an inquest. The court stated that a separate order would refer the damages, fees, and costs inquiry to Magistrate Judge Robyn Tarnofsky. The order did not resolve the claims against DistroKid or Kid Distro Holdings.