BWP Media USA Inc. v. Uropa Media, Inc., 1:13-cv-07871

BWP Media USA Inc. alleged copyright infringement against Uropa for displaying BWP’s photos on thebosh.com without permission.
The court entered default against Uropa after service and lack of response, and referred the case for an inquest on damages.
Photographs of Lindsay Lohan were taken on Sept. 12, 2012 and registered Oct. 30, 2012; publication ranged Sept. 5–12, 2012.
Uropa posted the six photographs on Sept. 14, 2012, within the three-month registration grace period, establishing a basis for statutory damages.
The court conducted an inquest on damages, awarding statutory damages, attorneys’ fees, and costs, with an overall total of $25,132.50

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Uropa infringed by displaying the photos	BWP owned valid copyrights and copying occurred by display	Uropa did not respond; no argument on record	Liability established; direct infringement found
Appropriateness of statutory damages and amount	Damages should be $3,000 per image within range and reflect deterrence		Damages awarded: $18,000 total (3,000 per image)
Reasonableness of attorneys’ fees and costs	Fees warranted; hours and rates justified		Fees awarded: $6,732.50; costs awarded: $400

Feist Publications, Inc. v. Rural Telephone Service Co., 499 U.S. 340 (1991) (ownership and copying requirement for copyright infringement)
Jorgensen v. Epic/Sony Records, 351 F.3d 46 (2d Cir. 2003) (criteria for copyright infringement and damages)
Au Bon Pain Corp. v. Artect, Inc., 653 F.2d 61 (2d Cir. 1981) (copyright ownership and copying necessity; early infringement standards)
Perfect 10, Inc. v. Amazon.com, Inc., 508 F.3d 1146 (9th Cir. 2007) (display of a photographic image on a website constitutes infringement)
Bryant v. Media Right Productions, 603 F.3d 135 (2d Cir. 2010) (factors for determining statutory damages and deterrence)
On Davis v. The Gap, Inc., 246 F.3d 152 (2d Cir. 2001) (lost revenue consideration in calculating damages)