Farrington v. Sell It Social, LLC
- John Cronan
- 1:18-cv-11696
- U.S. District Court · Southern District of New York
- 8
In Farrington v. Sell It Social, Judge Cronan awarded Farrington $5,290 after default judgment for copyright and DMCA violations.
William Farrington received a $5,290 judgment against Sell It Social, LLC, consisting of statutory damages, attorney’s fees, and costs.
What happened
In Farrington v. Sell It Social, LLC, the court had already entered default judgment against Sell It Social, LLC after the defendant did not contest the case. The remaining issue was how much money to award William Farrington for republishing his photograph and removing its credit.
Farrington requested $10,000 under the Copyright Act, $10,000 under the Digital Millennium Copyright Act, $425 in attorney’s fees, and $440 in costs. The court found the infringement willful, but said Farrington had not provided enough evidence of lost revenue, the defendant’s profits, or a basis for the requested damages.
Judge John P. Cronan awarded $2,000 under the Copyright Act, $2,500 under the Digital Millennium Copyright Act, $350 in attorney’s fees, and $440 in costs, for a total of $5,290. He directed the Clerk to enter judgment and close the case.
The detailed version
- Farrington v. Sell It Social, LLC · No. 1:18-cv-11696
- John Cronan
- Dec. 21, 2020
Background
The Court held a hearing on whether to enter default judgment against Sell It Social, LLC. At that hearing, the Court granted William Farrington’s motion for default judgment but deferred deciding the amount of damages, attorney’s fees, and costs. The order addresses those deferred issues.
Farrington’s claims arose from Sell It Social’s republication of his photograph on its website and removal of the photograph’s gutter credit. Farrington sought $10,000 in statutory damages under the Copyright Act, $10,000 under the Digital Millennium Copyright Act, $425 in attorney’s fees, and $440 in costs.
Copyright Act damages
The Copyright Act permits statutory damages between $750 and $30,000 for an infringement, and permits a higher award when the infringement is willful. The Court found the infringement willful. It relied on Sell It Social’s default, the Court’s statement that the defendant operated in the publishing industry and therefore was presumed to know copyright law, nine copyright actions filed against the defendant during the prior three and a half years, and the removal of Farrington’s gutter credit.
The Court nevertheless found that several considerations weighed against a substantial award. Farrington supplied no evidence of his lost revenue or Sell It Social’s profits. His counsel stated that Farrington had not sent a cease-and-desist letter and that the record contained no other evidence that Sell It Social knew about the infringement before the lawsuit. The Court concluded that the requested $10,000 was not justified. It awarded $2,000 in Copyright Act statutory damages.
Digital Millennium Copyright Act damages
The Digital Millennium Copyright Act allows statutory damages of $2,500 to $25,000 for each violation. The Court said Farrington had not sufficiently supported his request for $10,000 because he provided no information about actual damages and relied on a list of cases without explaining their similarity to his case. Because actual damages from removal of the gutter credit would be difficult to prove and Farrington had made little effort to support a higher amount, the Court awarded the statutory minimum of $2,500.
Attorney’s fees and costs
The Court found an attorney’s-fee award appropriate because of Sell It Social’s willful conduct and the default judgment. Farrington’s counsel documented one hour of work. The Court rejected the requested hourly rate of $425 and found that $350 per hour was reasonable based on counsel’s experience. It therefore awarded $350 in attorney’s fees.
Farrington also requested $400 for the court filing fee and $40 for personal service. Because counsel attested under threat of perjury that those costs were correct, the Court awarded all $440.
Disposition
Judge John P. Cronan concluded that Farrington was entitled to $2,000 in Copyright Act damages, $2,500 in Digital Millennium Copyright Act damages, $350 in attorney’s fees, and $440 in costs. The Clerk was directed to enter judgment for Farrington against Sell It Social, LLC for $5,290, close pending motions, and close the case.
Read the full 8-page opinion on CourtListener, the free public archive maintained by the Free Law Project.