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Barcroft Media Ltd. v. CoEd Media Grp. LLC

Waiver, 'Fair Use' Not Found in Connection With Photos' Unlicensed Display on Website

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OPINION AND ORDER

*1Plaintiffs in this case — Barcroft Media, Ltd. (“Barcroft”) and FameFlynet, Inc. (“FameFlynet”) — are the purveyors of entertainment-related photojournalism and owners of certain copyrighted celebrity and human interest photographs. Defendant Coed Media Group, LLC (“CMG”), which runs celebrity gossip and entertainment websites, displayed several of Plaintiffs’ photographs (the “Images”) on its websites without paying licensing fees or otherwise getting authorization. Plaintiffs now sue for copyright infringement. CMG concedes that Plaintiffs own the copyrights to the Images and that it used the Images without prior permission. Nevertheless, it contends that Plaintiffs waived most of their infringement claims and that, in any event, CMG’s display of the Images was fair use.Last month, the Court held a one-day bench trial on Plaintiffs’ claims and CMG’s defenses. In this Opinion and Order, the Court provides its findings of fact and conclusions of law. Ultimately, for the reasons set forth below, the Court finds that CMG’s waiver and fair use defenses fall short, entitling Plaintiffs to injunctive relief and actual and statutory damages derived from the reasonable licensing fee CMG would have paid to use the Images.

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