Bigelow v. Jerrick Ventures, LLC

Background

Todd Bigelow sued Jerrick Ventures, LLC, under Sections 106 and 501 of the Copyright Act. The complaint alleged that Bigelow owned and had registered a copyrighted photograph of Neo-Nazis and that Jerrick Ventures reproduced and publicly displayed the photograph in an article on its website, vocal.media, without a license or authority to use it.

Jerrick Ventures was served on February 20, 2020, but did not appear or respond. The clerk entered its default on August 26, 2020. Bigelow then moved for default judgment and served that motion on the defendant.

Liability

Federal Rule of Civil Procedure 55 requires two steps for a default judgment: entry of the defendant’s default and entry of judgment. A default admits the complaint’s well-pleaded factual allegations, but it does not admit legal conclusions. The court therefore reviewed whether the allegations established copyright liability.

The court held that Bigelow’s allegations satisfied the two requirements for copyright infringement: ownership of a valid copyright and infringement through copying original elements of the work. The court took judicial notice of the copyright registration and found that the allegations of reproduction and public display established a prima facie case.

Damages

Bigelow elected statutory damages. The Copyright Act permits between $750 and $30,000 per infringed work, with a maximum of $150,000 when the infringement is willful. The court found the infringement willful because Jerrick Ventures defaulted and awarded the requested $5,000 for the unauthorized use of the single photograph.

The court considered the defendant’s state of mind, any saved expenses or profits, Bigelow’s lost revenue, deterrence, the defendant’s failure to provide evidence, and the parties’ conduct. It noted that Bigelow did not provide evidence of licensing-fee history or actual losses, but concluded that $5,000 was appropriate and sufficient for compensation and deterrence. The court did not hold a damages hearing.

Attorney’s Fees and Costs

The court also awarded $722.50 in attorney’s fees under the Copyright Act, based on 1.7 hours at an hourly rate of $425, and awarded $440 in costs for the filing and service fees. The court found the hourly rate and time reasonable and concluded that the prior suspension of Bigelow’s attorney, Richard Liebowitz, did not bar an award for services performed before the suspension.

Disposition

Judge Alison J. Nathan granted Bigelow’s motion for default judgment. The court entered judgment against Jerrick Ventures for $5,000 in copyright damages, $722.50 in attorney’s fees, and $440 in costs, and directed the clerk to close the case.