Federal Court Awards Photographer $25,000 for Unauthorized Use and Removal of Copyright Information

Retailer Liable for Unauthorized Use of Aerial Manhattan Photograph

This case illustrates the value in registering a copyright in your work, whether it is a photograph, song, artwork, or other creation. A federal court in the Southern District of New York awarded photographer Bruce Cameron Davidson statutory damages after a clothing retailer, Blankenship Dry Goods LLC, used his aerial photograph of the Manhattan skyline on its website without permission or attribution. Davidson had registered the photograph with the U.S. Copyright Office, and Blankenship displayed it to market its products—asserting a fair‑use defense the court rejected early in the case. After Blankenship’s failed motion to dismiss and an unsuccessful interlocutory appeal, the court granted summary judgment to Davidson on liability for both copyright infringement and removal of copyright management information (CMI).

Court Rejects Fair Use and Finds Liability for CMI Removal

The court’s ruling underscores how commercial use of a creative work—especially a photograph with a registered copyright—rarely qualifies as fair use when the defendant uses the image for marketing or product promotion. Blankenship not only lacked a license but also removed or failed to include Davidson’s CMI, triggering additional liability under the Digital Millennium Copyright Act. With liability established, the only remaining issue was damages. Although Davidson initially sought the statutory maximum of $150,000, the court noted he had not justified why this infringement warranted the highest tier of penalties.

Statutory Damages Awarded to Deter Future Misuse

The parties waived a jury trial on damages, allowing the court to determine the award based on the summary‑judgment briefing. The court ultimately awarded Davidson $25,000 in statutory damages, balancing the need to deter future infringement with the absence of evidence supporting the maximum penalty. The decision reinforces a clear message to retailers and online sellers: using copyrighted images without permission—especially for commercial gain—creates significant exposure, and removing or omitting CMI only compounds the risk.

Key Takeaways for Creators

• Commercial use without permission is high‑risk. Using a copyrighted photo to market products almost never qualifies as fair use.
• Removing or omitting copyright management information increases liability. CMI violations can add significant statutory damages under the DMCA.
• Statutory damages can add up fast. Even a single unauthorized image can expose a business to tens of thousands of dollars in penalties.
• Registration matters. Because the photographer registered his work, he was eligible for statutory damages and attorneys’ fees—powerful leverage in infringement cases.
• Online retailers must audit their visuals. Any image used for marketing, product display, or branding must be properly licensed or owned.

The team at Yosick Law can help you formulate an IP protection strategy, and register copyrights and trademarks to protect your valuable IP.