Sadowski v. Render Media Inc.

Background

Christopher Sadowski, a professional photographer, alleged that he owned the copyright in a photograph of a crime scene. He alleged that Render Media Inc., which operated a website, published an article prominently featuring the photograph without his permission or a license. The complaint alleged that Sadowski owned a valid copyright and that Render Media copied and used the photograph without authorization.

Default and Recommendation

Render Media was served with the complaint but did not answer or otherwise respond. It also did not appear at a hearing concerning entry of a default and did not submit materials during the later damages proceedings. The court entered an Order of Default and referred the case to Magistrate Judge James L. Cott for an inquiry into damages.

Judge Cott recommended $25,000 in statutory damages under the Copyright Act, $2,625 in attorney’s fees, and $517 in costs. Neither party objected to the report and recommendation. The district court therefore reviewed it for clear error and found none.

Court’s Analysis

The court explained that a default establishes liability based on well-pleaded allegations, but does not automatically establish the amount of damages. The complaint adequately alleged ownership of a valid copyright and unauthorized copying, so Render Media’s liability was established through its default.

For damages, the court applied the Copyright Act’s statutory-damages range of $750 to $30,000 for the infringement at issue. It agreed that $25,000 was appropriate after considering the factors identified in the report and recommendation, including deterrence and the defendant’s conduct. The court concluded that the full $30,000 requested by Sadowski was not warranted because the opinion did not identify continued infringement after notice to stop.

The court also adopted the recommendation for $2,625 in attorney’s fees and $517 in costs. The fee award reflected 7.5 hours at $350 per hour after reducing the hours claimed for preparing the complaint and the default-judgment motion.

Disposition

Judge Gardephe adopted Judge Cott’s report and recommendation in its entirety. The court awarded Sadowski $25,000 in statutory damages, $2,625 in attorney’s fees, and $517 in costs. It directed the Clerk of Court to enter judgment and close the case.