Southall v. ASG Partners LLC

Background

Richard Southall sued ASG Partners LLC over the online publication of a photograph of the Aqua Shard Restaurant. The complaint alleged that Southall created the photograph and registered it with the United States Copyright Office. It further alleged that ASG republished the photograph in an online article without permission, removed copyright-management information from the image, and failed to attribute the photograph to Southall.

Southall asserted one copyright-infringement claim under 17 U.S.C. §§ 106 and 501 and one claim under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 1202, concerning the alteration or removal of copyright-management information.

Default and Liability

Southall served ASG by delivering the summons and complaint to the office of the New York Secretary of State. ASG did not appear, and the Clerk of Court entered a certificate of default. A default judgment is a judgment entered when a defendant does not defend the case. In that situation, the court treats the complaint’s well-pleaded allegations as admitted, but it still determines whether those allegations establish liability and what relief is appropriate.

The court found that it had personal jurisdiction over ASG because the complaint alleged that ASG’s business was based in New York. It also found subject-matter jurisdiction because the claims arose under the Copyright Act and the DMCA. The court concluded that the allegations plausibly established Southall’s ownership of a valid copyright and ASG’s copying of the photograph, and that default judgment was appropriate on liability.

Damages and Expenses

For copyright infringement, Southall sought $1,500 in actual damages. Although he did not document an established licensing-fee history for the photograph, he estimated that he would have charged up to $1,500 for ASG’s use. The court found that modest estimate reasonable and awarded $1,500 in actual damages.

For the DMCA claim, Southall sought $5,000 in statutory damages. The statute allows between $2,500 and $25,000 for each violation. The court stated that ASG’s removal of the copyright-management information showed unlawful intent and supported the need for deterrence. It therefore awarded $5,000 in statutory damages.

Southall also sought $440 in expenses—$400 in filing fees and $40 for service of process. The court found those expenses reasonable. Southall did not seek attorney’s fees.

Disposition

The court granted Southall’s motion for entry of default judgment. It awarded $6,500 in damages, consisting of $1,500 in actual copyright damages and $5,000 in DMCA statutory damages, plus $440 in expenses. The Clerk was directed to enter judgment for Southall, terminate the motion, and close the case. Under the classification convention, this is a procedural order because the judgment followed ASG’s default rather than an adversarial merits determination.