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McDermott v. Light the Region Media LLC

Willful Default in Infringement Case Leads to Default Judgment, $8,390 Award

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DECISION AND ORDER INTRODUCTION Plaintiff Matthew McDermott (“Plaintiff”) commenced an action on February 2, 2023, alleging that Defendant Light the Region Media LLC (“Defendant”) infringed on Plaintiff’s copyright interests under 17 U.S.C. §501 et seq. (Dkt. 1). Currently before the Court is Plaintiff’s motion for default judgment, filed on May 18, 2023. (Dkt. 10). Plaintiff requests judgment in the amount of $30,000 in statutory damages, $900 in attorney’s fees, and $440 in costs. (Id. at 1). Plaintiff served the motion on Defendant at its last known business address. (Dkt. 15). Defendant has not appeared or filed an answer in this action. For the reasons set forth below, Plaintiff’s motion for default judgment is granted and Plaintiff is awarded a total amount of $8,390, reflecting $7,500 in statutory damages, $450 in attorney’s fees, and $440 in costs, for Defendant’s willful single-use copyright infringement. FACTUAL BACKGROUND The following facts are taken from Plaintiff’s complaint and motion papers and are accepted as true in light of Defendant’s default. See Cement & Concrete Workers Dist. Council Welfare Fund, Pension Fund, Annuity Fund, Educ. & Training Fund & Other Funds v. Metro Found. Contractors Inc., 699 F.3d 230, 234 (2d Cir. 2012) (“[A] party’s default is deemed to constitute a concession of all well pleaded allegations of liability….”). Plaintiff is a professional photographer who owns the rights to original, creative works and licenses them to online and print publications. (Dkt. 1 at

2, 10-13). On or about August 26, 2021, Plaintiff authored a photograph of New York Governor Kathy Hochul and then-State Senator Brian Benjamin, and the photo was first published by the New York Post that day. (Id. at

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