Markos v. The Big and Wild Outdoors LLC, 8:22-cv-01258

Background

Plaintiff Steven Markos is a professional photographer who owns U.S. copyright registration VA 2-022,927 for the photograph “Canaveral-044” (registered Nov. 3, 2016).
Defendant The Big and Wild Outdoors LLC (Florida business) posted the Work on its commercial website without a license; Plaintiff discovered the use in Nov. 2021 and sent notice.
Plaintiff sued on June 1, 2022 for copyright infringement (17 U.S.C. § 501) and removal of copyright management information (CMI) (17 U.S.C. § 1202); Defendant was served June 15, 2022 and default was entered July 8, 2022 after no response.
Plaintiff filed a Motion for Default Judgment seeking statutory damages, a permanent injunction, attorneys’ fees and costs, and prejudgment interest.
The magistrate judge found subject-matter and personal jurisdiction and that service was proper, then evaluated whether the well-pleaded allegations (accepted as true due to default) established liability and appropriate relief.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Jurisdiction & service	Federal jurisdiction under 28 U.S.C. §§1331, 1338(a); proper service on registered agent	No opposition (default)	Court has subject-matter and personal jurisdiction; service proper; default entered
Copyright infringement liability (§ 501)	Markos owns valid registration; screenshots show identical image on Defendant’s site	No response	Liability established for infringement; registration creates prima facie ownership; copying shown
CMI removal (§ 1202)	Defendant removed © notice (“© 2016 STEVEN L. MARKOS”) when posting image	No response	Liability established for intentional removal of CMI
Statutory damages for infringement (§ 504)	Requests enhanced damages (≥ $20,000) as willful infringement and multiplier of license fee ($1,500/year)	No response	Awarded statutory damages of $4,500 (3x the license fee); larger multiplier excessive for single, limited use
Statutory damages for CMI removal (§ 1203)	Seeks $5,000 for harm to market value and orphaning risk	No response	Awarded $2,500 for the single §1202 violation (statutory midpoint/typical award)
Injunctive relief (§ 502)	Requests permanent injunction to prevent future use or distribution without CMI	No response	Permanent injunction granted as equitable relief: irreparable harm, inadequate legal remedy, balance favors plaintiff, public interest unaffected
Attorney’s fees & costs (§ 505)	Seeks $3,292.50 in fees and $458.65 in costs (billing and invoices submitted)	No response	Fees of $3,292.50 and costs of $458.65 awarded; hourly rates and hours found reasonable
Prejudgment interest	Requests prejudgment interest	No response	Denied for lack of argument and calculation from plaintiff

Key Cases Cited

Surtain v. Hamlin Terrace Found., 789 F.3d 1239 (11th Cir. 2015) (default-judgment entry standards)
Nishimatsu Constr. Co. v. Houston Nat'l Bank, 515 F.2d 1200 (5th Cir. 1975) (court must ensure well-pled facts support relief on default)
Ashcroft v. Iqbal, 556 U.S. 662 (2009) (plausibility standard for pleadings)
Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (plausibility pleading framework)
Feist Publ’ns, Inc. v. Rural Tel. Serv. Co., Inc., 499 U.S. 340 (1991) (copyright originality/ownership principles)
Bateman v. Mnemonics, Inc., 79 F.3d 1532 (11th Cir. 1996) (certificate of registration shifts burden)
Latimer v. Roaring Toyz, Inc., 601 F.3d 1224 (11th Cir. 2010) (copying and substantial similarity in photographic works)
Cable/Home Commc'n Corp. v. Network Prods. Inc., 902 F.2d 829 (11th Cir. 1990) (statutory damages discretion and deterrence rationale)
Fogerty v. Fantasy, Inc., 510 U.S. 517 (1994) (factors for awarding attorneys’ fees in copyright cases)
Hensley v. Eckerhart, 461 U.S. 424 (1983) (lodestar method; reasonableness of hours)
Norman v. Housing Auth. of Montgomery, 836 F.2d 1292 (11th Cir. 1988) (prevailing market rates and fee evidence)
Anheuser-Busch, Inc. v. Philpot, 317 F.3d 1264 (11th Cir. 2003) (court must assure legitimate basis for damages award)