United States District Court, M.D. Florida, Tampa Division
WILLIAM F. JUNG UNITED STATES DISTRICT JUDGE.
the Court is Plaintiff's Motion for Entry of Final
Judgment of Default Against Defendant (Dkt. 14). After
carefully considering the motion, the declarations and
exhibits (Dkts. 14-1, 14-2), and the entire court file, the
Court concludes the motion should be granted in its entirety.
complaint seeks damages for copyright infringement in
violation of the Copyright Act, 17 U.S.C. § 101 et
seq. (Dkt. 1). Plaintiff, as owner of a registered
copyright for a specific photograph of a sailboat (the Work),
alleges that Defendant copied the Work without
Plaintiff's permission and distributed the Work on the
internet to promote the sale of goods as part of
Defendant's business. Id.; Dkt. 14-1. The
principal photographer of Plaintiff avers that the photograph
is scarce and of high quality. Dkt. 14-1¶¶ 16, 17,
being served with the summons and complaint (Dkts. 3, 8),
Defendant failed to plead or otherwise defend this action. A
clerk's default was entered on March 27, 2019. Dkt. 10.
The Court finds that liability is established by virtue of
the default on the well-pleaded complaint. See Malibu
Media, LLC v. Danford, No. 2:14-cv-511-FtM-38CM, 2015 WL
2238210, at *2 (M.D. Fla. May 12, 2015) (finding liability
for direct copyright infringement by virtue of default and
citing Buchanen v. Bowman, 820 F.2d 359, 361 (11th
Plaintiff seeks damages pursuant to 17 U.S.C. § 504. In
her declaration, Catherine Brown avers, as creator of the
Work, that her actual damages total $6, 720, taking into
consideration a “scarcity multiplier” and a
quality factor to account for lost revenue from the
infringement. A scarcity multiplier attempts to
compensate for a work's loss in value based on the
decreased likelihood that potential buyers will purchase a
work that has been displayed commonly and widely on the
internet to advertise outdoor destinations and products, as
is the case here. See Reiffer v. Legendary Journeys,
Inc., No. 8:17-cv-2748-T-35AAS, 2019 WL2029973, at *3
(M.D. Fla. Apr. 10, 2019) (finding a scarcity multiplier of 5
adequate to account for lost revenues, before consideration
of the loss of exclusivity), adopted in 2019 WL
2029829 (M.D. Fla. May 2, 2019). In short, the Work is
devalued because it is displayed on a website surrounded by
other images. Potential buyers would believe that the Work
must be a readily available stock photo rather than a
carefully orchestrated photograph taken while Catherine Brown
was precariously hanging from the edge of a separate small
vessel to catch the perfect angle to photograph the sailboat.
Dkt. 14-1 ¶¶ 7, 17.
Court, and others, agree that statutory damages are
“especially appropriate in default judgment cases
because the information needed to prove actual damages is
uniquely within the infringers' control and is not
disclosed.” Clever Covers, Inc. v. Sw. Fla. Storm
Defense, LLC, 554 F.Supp.2d 1303, 1311 (M.D.Fla. 2008)
(citation omitted). The complaint establishes an inference of
willfulness on the part of Defendant. Having established
actual damages of at least $6, 720.00, the Court finds that
$20, 160.00, or three times the actual damages, is
appropriate. This amount does not provide a windfall recovery
and does bear some relationship to the actual damages
suffered. Clever Covers, Inc., 554 F.Supp.2d at
1313. The Court finds these damages are a sum certain, which
is supported by the allegations of the complaint and the
and attorney's fees are sought pursuant to 17 U.S.C.
§505 in the amount of $473.00 and $4, 447.50,
respectively, which the Court finds are authorized,
reasonable, and appropriate.
it is ORDERED AND ADJUDGED as follows:
Plaintiff's Motion for Entry of Final Judgment of Default
Against Defendant (Dkt. 14) is granted.
Defendant is permanently enjoined from directly or indirectly
infringing Plaintiff's rights in the Work and from using
the internet to reproduce, copy, distribute, or make the Work
available for distribution to the public, unless Defendant
receives a license or express authority from Plaintiff.
Defendant is required to destroy all illegal downloaded or
reproduced copies of the Work in its possession.
Plaintiff shall recover of Defendant the sum of $20, 160.00
for damages, $473.00 for costs, and $4, 447.50 for
attorney's fees plus pre-judgment and post-judgment
Clerk is directed to enter a default final judgment against
the Defendant and in favor of Plaintiff in the total amount
of $25, 080.50, plus pre-judgment interest at the annual
percentage rate calculated pursuant to 28 U.S.C. § 1961
from November 11, 2017 through the date of the judgment as
well as post-judgment interest.
Clerk is directed to close the case.