Idir v. La Calle TV, LLC
- John Koeltl
- 1:19-cv-06251
- U.S. District Court · Southern District of New York
- 13
In Idir v. La Calle TV, Judge Koeltl granted default judgment for copyright infringement and awarded Idir $5,915 plus postjudgment interest.
Yanice Idir received a default judgment against La Calle TV, LLC for copyright infringement, including $5,915 in damages, fees, and costs, plus postjudgment interest. La Calle TV was held liable without presenting a defense.
What happened
In Idir v. La Calle TV, LLC, Yanice Idir sued after La Calle TV used her copyrighted photograph on its website without permission. La Calle TV did not respond to the complaint or the request for judgment.
The court accepted Idir’s properly stated allegations about liability and found that La Calle TV infringed her copyright. It awarded $2,500 in statutory damages, $2,975 in attorney’s fees, and $440 in costs.
Judge John G. Koeltl granted Idir’s motion for default judgment, directed entry of judgment totaling $5,915, provided for postjudgment interest, and directed the Clerk to close the case.
The detailed version
- Idir v. La Calle TV, LLC · No. 1:19-cv-06251
- John Koeltl
- July 15, 2020
Background
Yanice Idir, described in the opinion as a professional photographer, brought a copyright-infringement action against La Calle TV, LLC. She alleged that La Calle TV published an article on its Spanish-language website that featured one of her copyrighted photographs without a license, permission, or consent. The photograph was registered with the United States Copyright Office under registration number VA 2-131-058.
La Calle TV did not respond to the complaint. The Clerk entered default against it on September 26, 2019. Idir then moved for a default judgment, and La Calle TV also failed to respond to that motion.
Default judgment
Federal Rule of Civil Procedure 55 uses two steps for obtaining judgment against a party that fails to defend: entry of default, followed by entry of a default judgment. The court found that all three relevant factors favored judgment: La Calle TV’s failure to respond indicated willful conduct; the court was unaware of any meritorious defense; and Idir would be prejudiced if she could not obtain judgment.
Because of the default, the court accepted Idir’s properly pleaded liability allegations as true, but it required her to establish damages. The court concluded that her allegations adequately showed the two elements of copyright infringement: ownership of a valid copyright and copying of original elements of the work. The court therefore entered default judgment on the copyright claim.
Damages and fees
Idir requested $30,000 in statutory damages, $2,975 in attorney’s fees, $440 in costs, and postjudgment interest. The Copyright Act permits statutory damages between $750 and $30,000, and permits higher damages for willful infringement.
The court awarded $2,500 in statutory damages. It considered the defendant’s default, its operation in the publishing industry, the need for deterrence, its failure to provide evidence about the value of the photograph, and the lack of evidence concerning Idir’s actual losses. The court found that the circumstances supported more than the $750 minimum but did not justify the requested $30,000 because Idir provided no evidence of lost licensing fees or revenue and no evidence of a cease-and-desist letter or similar pre-lawsuit activity.
The court also awarded $2,975 in attorney’s fees, based on seven hours at $425 per hour. It awarded $440 in costs for the filing fee and service fee. The total award was $5,915, with postjudgment interest under 28 U.S.C. § 1961.
Ruling
Judge John G. Koeltl granted the motion for default judgment. He directed the Clerk to enter judgment for Idir and against La Calle TV for $5,915, plus postjudgment interest, and directed the Clerk to close pending motions and the case.
Read the full 13-page opinion on CourtListener, the free public archive maintained by the Free Law Project.