Corey Sipkin Photography LLC v. El Extrabase Inc
1:24-cv-23887
S.D. Fla.May 19, 2025Background
- Corey Sipkin Photography LLC sued El Extrabase Inc. for copyright infringement of two photographs depicting Major League Baseball players.
- Defendant failed to appear, respond, or defend, resulting in a clerk’s entry of default, and ultimately a motion for final default judgment by the plaintiff.
- Plaintiff sought $21,400 in statutory damages (five times the licensing fee for each photograph), as actual damages were difficult to determine.
- Plaintiff provided evidence of comparable Getty Images licenses to establish reasonable licensing fees.
- The court found plaintiff’s registration and timing sufficient to support statutory damages and attorney fee recovery under 17 U.S.C. § 412 and § 505.
- The court also considered requests for a permanent injunction and attorneys’ fees, reducing requested rates to locally reasonable levels for attorneys and paralegals, and granted reasonable costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entry of Default Judgment | Defendant failed to appear and liability is established by default | No response or defense | Granted; sufficient pleading and defendant’s nonappearance justify default judgment |
| Statutory Damages Calculation | Statutory damages appropriate due to defendant’s willful infringement; five times licensing fee is fair | No response or defense | $21,400 awarded, calculated as five times standard licensing fee per image |
| Permanent Injunction | Needed to prevent further infringement and irreparable harm | No response or defense | Injunction granted barring further storage or display of images |
| Attorneys’ Fees and Costs | Claimed $4,855; rates justified for experience and market | No response or defense | Reduced to $3,275 (fees) and $482.25 (costs) for reasonableness |
Key Cases Cited
- Nishimatsu Constr. Co., Ltd. v. Houston Nat'l Bank, 515 F.2d 1200 (standard for default judgment requires sufficient basis in pleadings, not merely default)
- Buchanan v. Bowman, 820 F.2d 359 (liability is established by well-pleaded facts in a default situation)
- Cable/Home Commc'n Corp. v. Network Prods., Inc., 902 F.2d 829 (statutory damages are appropriate where actual damages are hard to prove)
- Gray v. Lockheed Aeronautical Sys. Co., 125 F.3d 1387 (reasonable hourly attorney fee is prevailing market rate in relevant community)
- eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (sets forth four-factor test for injunctive relief)