Martinka v. Hagedorn Communications

Background

Paul Martinka, a professional photographer, alleged that he owned the copyright in a photograph of former New York City Mayor Bill de Blasio. The photograph was first published on December 13, 2019, registered with the United States Copyright Office on January 11, 2020, and commercially licensed to the New York Post. Martinka alleged that Hagedorn Communications, Inc., a New York corporation that operates the website rew-online.com, displayed an exact copy of the photograph as part of an online story on or about March 10, 2020, without a license or permission.

Martinka filed the complaint on May 5, 2024, and served Hagedorn through the New York Secretary of State. Hagedorn did not answer, appear, or respond to the motion. The Clerk entered default, and Martinka moved for default judgment, statutory damages, attorneys’ fees, costs, and a permanent injunction.

Liability

A copyright-infringement claim requires ownership of a valid copyright and unauthorized copying. The court found that Martinka’s copyright-registration certificate provided evidence of valid ownership. It also found that the photograph attached to the complaint and the image shown on Hagedorn’s website were identical. The court therefore granted default judgment in Martinka’s favor on the copyright-infringement claim.

Statutory damages

Martinka requested $3,650 in statutory damages, arguing that Hagedorn’s infringement was willful. The court found that Martinka was entitled to statutory damages because the infringement occurred after the photograph was registered. But the court found significant evidentiary gaps concerning the photograph’s market value, Hagedorn’s profits, willfulness, and deterrence. It stated that Hagedorn’s default alone provided weak support for increased damages.

Using a $730 licensing estimate for a similar photograph as a baseline and considering the relevant damages factors, the court awarded $1,500 in statutory damages rather than the requested $3,650.

Attorneys’ fees and costs

The court found Martinka entitled to attorneys’ fees under the Copyright Act because he prevailed and an award would serve compensation and deterrence purposes. However, it reduced the requested hourly rates. It approved $525 per hour for Craig Sanders, $275 per hour for Joshua Vera, and $100 per hour for the paralegals. The resulting fee award was $1,972.50, rather than the requested $2,280. The court also awarded the requested $460 in costs for the filing fee and service of process.

Permanent injunction

The court granted Martinka’s request for a permanent injunction concerning the photograph at issue. It permanently prohibited Hagedorn, including its officers, employees, and agents, from displaying or using the photograph or altered reproductions on its website or elsewhere unless Hagedorn obtained a license or other express consent from Martinka or his assignee. Hagedorn was ordered to immediately stop using the photograph.

The court limited the injunction to the photograph involved in this case. It declined to issue a broader injunction covering all of Martinka’s copyrighted works because such an injunction would be too broad.

Disposition

The court concluded that the motion for default judgment was granted in part and denied in part, and that the motion for a permanent injunction was granted. The Clerk was directed to prepare judgment reflecting $1,500 in statutory damages, $1,972.50 in attorneys’ fees, $460 in costs, and post-judgment interest. The court also directed that the case be closed.