Prokos v. Mont Morris LLC

Background

Andrew Prokos moved for default judgment against Mont Morris, LLC. His complaint asserted one claim for copyright infringement under the Copyright Act and one claim under the Digital Millennium Copyright Act. Prokos alleged that he was the photographer and copyright owner of a Manhattan skyline photograph that Mont Morris published on its website. He also alleged that Mont Morris removed copyright information by removing a “Prokos” watermark from the image. The complaint sought damages and injunctive relief.

Prokos filed an affidavit stating that Mont Morris was served through the New York Secretary of State under section 303 of the New York Limited Liability Company Law. The Clerk issued a Certificate of Default on June 15, 2020. Prokos’s counsel also stated that he sent Mont Morris a letter about the lawsuit and requested a response. Mont Morris did not answer or appear.

Liability

A default judgment is a judgment entered when a defendant fails to respond to a lawsuit. The court concluded that the complaint stated an initial, legally sufficient case for copyright infringement and a Digital Millennium Copyright Act violation. Because Mont Morris defaulted, the well-pleaded allegations were treated as admitted for purposes of liability. The court also considered the copyright registration submitted with Prokos’s motion and found that service had been properly made. It granted the motion for default judgment as to liability.

Damages and fees

For copyright infringement, Prokos requested $30,000 in statutory damages. The court considered Mont Morris’s default, the alleged continued display of the photograph as of August 17, 2020, the lack of evidence about Mont Morris’s state of mind and profits caused by its failure to participate, Prokos’s licensing invoices, and the need to deter infringement. It awarded $20,000 in copyright statutory damages.

For removal of copyright management information, Prokos requested $5,000 under the Digital Millennium Copyright Act. The court found that amount appropriate in light of Mont Morris’s default and the apparent removal of the identifying watermark.

The court also awarded Prokos $475 in costs, consisting of the filing fee and service cost, and $4,673 in attorneys’ fees. It found those amounts reasonable.

Disposition

The court granted Prokos’s motion for entry of default judgment. It directed the Clerk to enter judgment for Prokos for $25,000 in damages, plus $4,673 in attorneys’ fees and $475 in costs, totaling $30,148. The Clerk was also directed to close the case.