Mockingbird 38, LLC v. International Business Times, Inc.

Background

Mockingbird 38, LLC alleged that International Business Times, Inc. infringed its copyrights in two photographs: one depicting Jamie Foxx and one depicting Justin Timberlake. According to the complaint, International Business Times displayed both photographs on its websites without a license. Mockingbird 38 also alleged that the defendant removed copyright-management information—information identifying the author or copyright holder—from both photographs before publishing them.

International Business Times was served but did not appear, answer, or otherwise respond. The Clerk issued a Certificate of Default, and Mockingbird 38 moved for default judgment under Federal Rule of Civil Procedure 55. A default admits the complaint’s well-supported factual allegations, but the court must still decide whether those allegations establish legal liability and must require evidence supporting the amount of damages.

Copyright-Infringement Claims

The court held that Mockingbird 38 adequately pleaded direct copyright infringement under 17 U.S.C. § 501 for both photographs. Mockingbird 38 alleged ownership of valid copyrights and attached copyright registrations, the photographs, and screenshots showing International Business Times displaying identical images on its websites. The court therefore granted default judgment on the two copyright-infringement claims.

Copyright-Management-Information Claims

The court denied default judgment on the claims under 17 U.S.C. § 1202(b), which addresses intentional removal or alteration of copyright-management information. For the Timberlake photograph, the screenshot attached to the complaint showed a watermark and a gutter credit identifying the agency, contradicting the allegation that the defendant had removed all such information. For the Foxx photograph, the photograph on the People Magazine webpage identified in the complaint was not the same photograph that International Business Times published. The court therefore concluded that the allegations concerning removal of copyright-management information were not sufficiently supported for either photograph.

Damages

Mockingbird 38 sought actual damages for the Foxx photograph and statutory damages for the Timberlake photograph. Because the Foxx photograph was registered more than three months after its first publication, the court accepted Mockingbird 38’s withdrawal of its request for statutory damages for that photograph and awarded $1,750, representing the claimed lost licensing fee.

For the Timberlake photograph, the court found evidence supporting willful infringement beyond the defendant’s default, including the defendant’s failure to respond to two notices and its continued display of the photographs. The court awarded $30,000 in statutory damages. The total copyright-infringement damages award was therefore $31,750.

Attorneys’ Fees and Costs

The court found an award of attorneys’ fees and costs appropriate under 17 U.S.C. § 505 because the defendant defaulted, the infringement was willful, and the award would help deter copyright infringement. Mockingbird 38 requested $12,200 in attorneys’ fees. The court reduced the requested hourly rates and reclassified certain administrative tasks that had been billed at a partner’s rate. It awarded $8,020 in attorneys’ fees.

The court also awarded $481 in costs, consisting of a $402 filing fee and a $79 personal-service fee. The judgment included post-judgment interest under 28 U.S.C. § 1961.

Disposition

Judge Lewis J. Liman ordered that default judgment was granted in part and denied in part. The Clerk was directed to prepare a judgment against International Business Times, Inc., reflecting the damages, fees, costs, and post-judgment interest, and to close the case.