Bayoh v. Afropunk Fest 2015 LLC

Background

In 2015, Afropunk paid Mambu Bayoh $1,200 for twenty-eight photographs that could be used in connection with the 2015 Afropunk music festival in Brooklyn, New York. The parties soon disputed the scope of the license Bayoh had granted.

Bayoh filed this copyright-infringement lawsuit on June 27, 2018, seeking damages and injunctive relief. The defendants had not appeared when Bayoh requested a preliminary injunction, and they did not oppose that request. On July 11, 2018, the court issued a preliminary injunction barring the defendants from infringing use, sale, or distribution of the photographs.

As the case neared its conclusion, the defendants moved under Federal Rule of Civil Procedure 60(b) to vacate the preliminary injunction. The motion was filed on December 2, 2020.

Prior ruling on permanent relief

In a December 11, 2020 opinion, the court denied Bayoh’s request for a permanent injunction because he had produced no evidence that he had suffered, was suffering, or would suffer irreparable harm. The court also cancelled the non-jury trial that had been scheduled to address that request. The only remaining matter was the defendants’ motion to vacate the 2018 preliminary injunction.

Court’s reasoning

A preliminary injunction in a copyright case requires a showing that the plaintiff is likely to suffer irreparable injury without the injunction. Because the court had already found that Bayoh had presented no evidence of irreparable harm, it concluded that there was no longer a basis to find that he was likely to suffer such harm. The court therefore found it necessary and appropriate to vacate the preliminary injunction.

Disposition

The court granted the defendants’ December 2, 2020 motion to vacate the July 11, 2018 preliminary injunction. It directed the Clerk of Court to enter judgment for the defendants and close the case.