Smith v. Paul A. Castrucci, Architects, PLLC

Background

Byron Smith, the plaintiff and copyright holder of a photograph, alleged that Paul A. Castrucci, Architects, PLLC, used the photograph on its website without authorization, violating 17 U.S.C. § 501. The Clerk entered a certificate of default on January 5, 2021. After the Court ordered the defendant to show cause by March 5, 2021 why a default judgment should not be entered, the defendant did not respond or appear.

Smith sought damages and costs but did not seek attorney’s fees. Because the amount of the judgment could be determined from the submitted evidence, the Court withdrew its earlier reference to a Magistrate Judge for a damages hearing.

Court’s analysis

A default judgment is a judgment entered when a party fails to defend the case. The Court explained that Smith still had to prove the amount of damages with evidence. Smith estimated that the commercial use of the photograph could have been licensed for up to $1,680 and cited a similar photograph with a $1,680 licensing fee. Because the defendant had not appeared to contest the allegations, the Court found Smith’s damages calculation reasonable.

The Court awarded $1,680 in damages under 17 U.S.C. § 504(b). It also found reasonable Smith’s claimed costs of $400 for the court filing fee and $40 for personal service. The Court stated that the Copyright Act permits an award of costs and awarded $440 in costs.

Disposition

The Court entered default judgment in favor of Smith and against the defendant for $2,120, consisting of $1,680 in damages and $440 in costs. Judge John G. Koeltl directed the Clerk to enter the judgment, close the case, and close all pending motions.