Agence France Presse v. Morel
934 F. Supp. 2d 584
S.D.N.Y.2013Background
- This matter revisits whether Morel may recover multiple statutory damages for a single work from AFP and Getty under § 504(c).
- The court previously held that a single statutory damages award per work generally applies, even for jointly liable infringers.
- Counterclaim Defendants moved for reconsideration of the § 504(c) allocation at issue, arguing Morel could not obtain more than one award per work from AFP and Getty combined.
- A conference and supplemental briefing followed; oral argument occurred on May 7, 2013.
- The court now holds that Morel is entitled to at most one statutory damages award per work for this action, superseding the prior conclusion.
- The matter also involves kill notices and whether any post-kill conduct constitutes a separate infringing act for purposes of damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether one per-work award may be multiplied by multiple defendants | Morel contends multiple per-work awards are permissible against jointly liable infringers. | Counterclaim Defendants argue only a single per-work award is allowed regardless of number of infringers. | One per-work award only; no multiplication for joint liability. |
| Whether Morel can elect separate per-work awards against AFP and Getty for pre- and post-kill conduct | Morel asserts the right to seek one award from AFP for pre-kill conduct and a separate award from Getty for post-kill conduct. | Defendants maintain § 504(c) permits a single per-work award for all infringements in the action, not separate awards per defendant or period. | Election to seek separate per-work awards against AFP and Getty is not permitted; single per-work award governs. |
| Proper statutory interpretation of § 504(c)(1) and the meaning of 'elect' and 'or' | Morel argues 'or' creates two distinct award theories and plaintiff may elect between them for the same work. | Defendants argue 'elect' refers to choosing between actual damages and statutory damages, not between multiple statutory awards. | Plain reading limits election to choosing the category of damages, not to split awards among defendants; single per-work award applies. |
Key Cases Cited
- Louis Vuitton Malletier S.A. v. LY USA, Inc., 676 F.3d 83 (2d Cir. 2012) (construction of § 504(c)(1) and the 'two scenarios' for awards)
- WB Music Corp. v. RTV Communications Group, Inc., 445 F.3d 538 (2d Cir. 2006) (statutory damages tied to per-work concepts, not number of infringements)
- Lime Group LLC v. Usenet.com, Inc., 784 F. Supp. 2d 313 (S.D.N.Y. 2011) (treatment of joint and several liability and per-work awards)
- Fitzgerald Publishing Co., Inc. v. Baylor Publishing Co., Inc., 807 F.2d 1110 (2d Cir. 1986) (joint and several liability and per-work damages context)
- Shady Records, Inc. v. Source Enterprises, Inc., 2005 WL 14920 (S.D.N.Y. 2005) (discussed for contextual framework on continuities of infringement)