Sadowski v. Tribuna Abierta, Inc.
- Vernon Broderick
- 1:23-cv-00337
- U.S. District Court · Southern District of New York
- 3
In Sadowski v. Tribuna Abierta, Judge Broderick awarded $7,200 in copyright damages, interest, and $3,647.52 in fees and costs.
Christopher Sadowski receives a judgment for statutory damages, interest, and attorneys’ fees and costs. Tribuna Abierta, Inc. is subject to that judgment and the case was closed.
What happened
In Sadowski v. Tribuna Abierta, Inc., Christopher Sadowski sued over Tribuna Abierta’s unauthorized use of his copyrighted photograph. Tribuna Abierta did not respond, and the court entered a judgment against it on liability in August 2023.
A magistrate judge later recommended $7,200 in statutory damages, interest, and $3,647.52 in attorneys’ fees and costs. Neither party objected to that recommendation.
Judge Vernon S. Broderick found no clear error and adopted the recommendation in full. He directed the Clerk to enter judgment for Sadowski, including 4.12% interest on the statutory damages from January 13, 2023, through the judgment date, and to close the case.
The detailed version
- Sadowski v. Tribuna Abierta, Inc. · No. 1:23-cv-00337
- Vernon Broderick
- Mar. 4, 2025
Background
Christopher Sadowski, a photojournalist, brought a single copyright-infringement claim alleging that Tribuna Abierta, Inc. used his copyrighted photograph without authorization. Tribuna Abierta failed to respond. On Sadowski’s motion, the court entered a default judgment against Tribuna Abierta as to liability on August 30, 2023.
The court then referred the issue of damages to Magistrate Judge Robert H. Lehrburger for an inquest. Judge Lehrburger recommended $7,200 in statutory damages, prejudgment interest at the rate provided by 28 U.S.C. § 1961(a), beginning when the action was filed, and $3,647.52 in attorneys’ fees and costs. Sadowski served the recommendation on Tribuna Abierta, but neither party filed an objection or requested more time to do so.
Court’s Analysis
When no timely objection is filed to a magistrate judge’s report and recommendation, the district court reviews the report for clear error on the face of the record. Judge Broderick reviewed Judge Lehrburger’s report and found no clear error.
Disposition
Judge Broderick adopted the report and recommendation in its entirety. He directed the Clerk of Court to enter judgment in Sadowski’s favor for $7,200 in statutory damages; prejudgment interest on those damages at 4.12%, beginning January 13, 2023, and ending on the date of judgment; and $3,647.52 in attorneys’ fees and costs. He also directed the Clerk to close the case.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.