Reiffer v. ATTN.Live LLC

Background

Paul Reiffer, a professional photographer, sued ATTN.Live LLC for allegedly displaying one of his Golden Gate Bridge photographs without authorization on a website promoting the defendant’s event. Reiffer alleged that he discovered the use on June 27, 2019, notified ATTN.Live in 2020, and unsuccessfully discussed the matter with the company. He filed the complaint on June 22, 2022. ATTN.Live did not appear, and the clerk entered its default on September 2, 2022.

Reiffer moved for default judgment, damages, attorneys’ fees, costs, interest, and a permanent injunction.

Jurisdiction and Service

The court determined that it had subject-matter jurisdiction because the claim arose under the federal Copyright Act. It also found personal jurisdiction based on allegations that ATTN.Live’s principal place of business was in San Francisco and that the allegedly infringing event was in California and directed at California residents.

The court found substitute service adequate. The process server made five attempts to serve ATTN.Live’s owner, Ian Utile, and then left the summons and complaint with a person apparently in charge at the relevant residence or location, followed by mailing as required by the applicable California service rule.

Default-Judgment Analysis

Under Federal Rule of Civil Procedure 55, default judgment follows an entry of default and is discretionary. The court applied the seven factors commonly used in the Ninth Circuit, including prejudice, the merits and sufficiency of the claim, the amount at stake, the likelihood of a factual dispute, whether the default resulted from excusable neglect, and the preference for decisions on the merits.

The court concluded that the factors favored default judgment. The complaint alleged ownership of valid copyrights and ATTN.Live’s unauthorized public display of the photograph. Those allegations were sufficient to support the copyright-infringement claim. The court also found the requested amounts relatively modest, noted that ATTN.Live had allegedly received notice but failed to participate, and found no indication of excusable neglect.

Remedies

The court awarded $10,000 in statutory damages. Reiffer identified a $5,000 licensing fee, and the court used twice that fee as the statutory-damages award. Although Reiffer sought $30,000, the court relied on the fact that ATTN.Live had removed the photograph and that Reiffer had not alleged further use. The court also awarded $10,511.55 in attorneys’ fees and costs based on billing records it found reasonable.

The court denied pre-judgment interest because the statutory damages already included a deterrent component and Reiffer had not shown that ATTN.Live significantly delayed his recovery. It also denied a permanent injunction because ATTN.Live had removed the event listing and Reiffer had not provided evidence of a continuing threat of future infringement.

Disposition

Judge Richard Seeborg granted the motion for default judgment for copyright infringement. The judgment awarded $10,000 in statutory damages, $10,511.55 in attorneys’ fees and costs, and post-judgment interest calculated from the date of judgment. The court did not award pre-judgment interest or permanent injunctive relief.