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 regarding two photographs of Major League Baseball players.
- The defendant failed to appear or respond, and a default was entered against them.
- Sipkin demonstrated both works were timely registered, making statutory damages and attorney fees recoverable.
- The plaintiff requested statutory damages based on five times the benchmark licensing fee, using Getty Images comparators.
- Sipkin also moved for a permanent injunction and recovery of attorneys’ fees and litigation costs, leading to judicial review of the requested amounts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Default Judgment | Plaintiff is entitled after no response | None (no show) | Granted; default judgment entered against defendant |
| Statutory Damages Amount | Benchmark licensing fee x5 warranted | None | $21,400 awarded based on fivefold licensing fee per infringement |
| Permanent Injunction | Entitled to bar ongoing infringement | None | Injunction granted; defendant barred from further use of photographs |
| Attorneys’ Fees and Costs | Requested $4,855 in fees, $482 in costs | None | Fees reduced to $3,275 and costs to $482.25 as reasonable |
Key Cases Cited
- Nishimatsu Constr. Co., Ltd. v. Houston Nat'l Bank, 515 F.2d 1200 (5th Cir. 1975) (court must find sufficient basis in pleadings for default judgment)
- Buchanan v. Bowman, 820 F.2d 359 (11th Cir. 1987) (liability established by well-pled complaint and entry of default)
- Cable/Home Commc’n Corp. v. Network Prods., Inc., 902 F.2d 829 (11th Cir. 1990) (statutory damages appropriate where actual damages are hard to calculate)
- Fogerty v. Fantasy, Inc., 510 U.S. 517 (1994) (discretionary award of attorneys’ fees under Copyright Act)
- Broadcast Music, Inc. v. Evie’s Tavern Ellenton, Inc., 772 F.3d 1254 (11th Cir. 2014) (standards for permanent injunction)