Website liable for statutory damages and attorney’s fees for copyright infringement

Plaintiff photojournalism company sued defendant retail website operator for copyright infringement arising from the publication on the site of two celebrity photographs. Plaintiff moved for summary judgment on its copyright infringement claim. The court granted the motion.

Infringement Claim

Defendant argued that the copyright registration – which was a compilation of photographs taken over a couple of months – did not cover the photographs in question, because the registration made no specific mention of the photos. But the court rejected this argument, finding that the registration certificate for the compilation was valid because (a) all the photographs were by the same photographer, (b) all the photographs were published in the same calendar year, and (c) all the photographs had the same copyright claimant. Defendant could not point to any specific evidence in the record to cast doubt on the validity of the registration.

The parties did not dispute that defendant’s employees copied and reposted the photographs. Accordingly, the court found that plaintiff had established the elements required for a copyright infringement claim.

But defendant argued that it had a license to reuse the photographs, based on the terms of the E! website from which it obtained the photos. The court easily rejected this argument, noting that the defendant had not provided a copy of that purported license agreement, nor come up with any other evidence to support the claim.

Statutory Damages and Attorney’s Fees

The court awarded $750 in statutory damages – the minimum amount that the Copyright Act authorizes. The court based this in part on looking at the actual licensing fees charged for the photographs. Plaintiffs had charged E! a license fee of $75 for use of the photos. Even trebling this amount would not bring the damage calculation within the statutory minimum. So the court raised it to the lowest threshold permitted under the act.

As for attorney’s fees, the court found it appropriate to award fees to promote the stated purposes of the Copyright Act. Specifically, shifting fees here, in the court’s view, served to encourage and reward innovators for their contributions in the march toward progress rather than burdening them with the costs of defending their protected works.

Fameflynet, Inc. v. The Shoshanna Collection, — F.Supp.3d —, 2017 WL 4402568 (S.D.N.Y. October 2, 2017)