Rene Carranza v. Universal Music Group, Inc.

MEMORANDUM

Rene Carranza appeals pro se from the district court’s summary judgment and damages award on his copyright infringement claims against defendants Universal Music Group, Inc. and its affiliates (the “Universal Defendants”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo summary judgment, White v. City of Sparks, 500 F.3d 953, 955 (9th Cir.2007), and for clear error an actual damages award, Jarvis v. K2 Inc., 486 F.3d 526, 529 (9th Cir.2007). We affirm.

After denying summary judgment on the liability portion of Carranza’s direct infringement claim, the district court properly limited Carranza’s recovery to his actual damages and the Universal Defendants’ profits because he was not entitled to statutory damages, attorney’s fees, or punitive damages. See 17 U.S.C. § 412 (prohibiting statutory damages and attorney’s fees if the work is not registered before infringement commences, or within three months of the work’s first publication); Polar Bear Prods., Inc. v. Timex Corp., 384 F.3d 700 , 708 n. 5 (9th Cir.2004) (where statutory damages are unavailable, a plaintiff can recover only its actual damages as a result of the infringement and defendant’s…