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In Patrick v. Poree, No. 23-12732 (11th Cir. Dec. 14, 2023), the United States Court of Appeals for the Eleventh Circuit affirmed the denial of default judgment and summary judgment of copyright infringement claims based on a lack of evidence that the plaintiff owned a valid copyright.
Yoland Patrick, an artist manager, appealed from a decision by the U.S. District Court for the Northern District of Georgia denying her motions for default judgment and summary judgment. The complaint states that April Poree, an artist Yoland managed, used and performed the song "I Do What I Want" without her permission. The song, produced by Yoland's husband, Sherman Patrick, released in 2019 and was notably featured on an episode of song artist Lizzo's television show "Watch Out for the Big Grrrls." In July 2019, the song was registered with the United States Copyright Office, listing Poree and Sherman as the "Authorship on Application" and the "Copyright Claimant." The Copyright Registration form lists Yoland's name next to "Rights and Permissions."
After the song registered, Poree performed it and made it available on several streaming services. In response, Yoland sued, claiming that she is the valid owner of the song and Poree's performance amounted to copyright infringement. Poree failed to answer the complaint, and Yoland filed a motion for default, which the clerk granted. Because Yoland did not seek a sum certain, she filed a motion for default judgment, or in the alternative summary judgment. The district court denied both of Yoland's motions based on a lack of evidence that she owned a valid copyright, preventing her from stating a claim for which relief could be granted.
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