Judge Paul Gardephe
Despite never transferring any copyright or publication right to them, by September 2009 defendants printed "advanced reader's copies" of Shamir's copyrighted 2007 novel "Train to Pokipse." Despite Shamir's Oct. 9, and Nov. 11, 2009, cease and desist letters defendants sold 100 "advanced reading copies" of "Train to Pokipse" over their own and third-party websites. Default judgment was entered in Shamir's infringement suit alleging violation of Copyright Act §106. At an inquest on damages Shamir sought $150,000 per defendant in statutory damages on his infringement claim. The magistrate judge recommended a $5,000 statutory damages recovery—more than four times the revenue generated by defendants' infringement—and denial of Shamir's requests for attorney fees and costs. Finding no clear error, the court ordered defendants held jointly and separately liable for $5,000 in statutory damages under 17 USC §504(c). They willfully infringed Shamir's copyright by continuing to offer his novel for sale even after he sent them multiple cease and desist letters. Nor did the magistrate err in finding that Shamir could not substantiate any revenue loss because he admitted that his book was not yet ready for publication.
