United States District Court, D. Oregon, Medford Division
OPINION & ORDER
MICHAEL McSHANE United States District Judge.
Christopher Sadowski brought this action for damages and
injunctive relief against Defendant Henry Shivley, doing
business as www.fromthetrenchesworldreport.com, alleging
claims for copyright infringement under the Copyright Act, 17
U.S.C. §§ 101-1332, and for falsification, removal,
and alteration of copyright management information under 17
U.S.C. § 1202 of the Digital Millennium Copyright Act
(“DMCA”). A default was entered against Plaintiff
on April 18, 2019. ECF No. 14. Plaintiff now moves for
default judgment against Shivley pursuant to Federal Rule of
Civil Procedure 55, ECF No. 15. Plaintiff's Motion is
GRANTED IN PART.
is a professional photographer and has licensed or sold his
photographs to dozens of major media outlets. Plaintiff is
the sole author and exclusive rights-holder to two
photographs, which are identified as Image A and Image B and
are attached as Exhibits A and B to the Complaint. ECF No. 1.
Shivley owns and operates the news site
“Website”). Shively posts content on the Website
to attract user traffic and drive advertising revenue.
is a photograph of a car crash. Plaintiff registered Image A
with the U.S. Copyright Office on March 31, 2015, under
registration number VA 1-954-323. Image A originally appeared
in an article entitled Bob Simon's driver had
‘dead' arm, 9 prior license suspensions,
published by the New York Post on February 12, 2015
(“Post Article A”). The article included an
attribution to Plaintiff under the bottom left corner of
Image A. Compl. Ex. C.
April 15, 2017, Plaintiff discovered that Shivley had used
Image A in an article on the Website entitled Co-worker
warned limo boss about Bob Simon's ‘erratic'
driver, which cited Post Article A but excluded the
credit given to Plaintiff. Compl. Ex. E.
a photograph of a vehicle collision with a police car.
Plaintiff registered Image B with the U.S. Copyright Office
on August 26, 2018, under registration number VA 2 019-488.
Image B originally appeared in an article entitled
‘I want to kill cops': Man who ‘tried to
run over' officers, published by the New York Post
on January 8, 2015 (“Post Article B”). The
article included an attribution to Plaintiff under the bottom
left corner of Image B. Compl. Ex. D.
11, 2018, Plaintiff discovered that Shivley has used Image B
in an article on the Website entitled ‘I want to
kill cops': Man who ‘tried to run over'
officers, which cited Post Article B but excluded the
credit to Plaintiff. Compl. Ex. F.
did not authorize the use of Image A or Image B by Shivley.
On August 13, 2018, Plaintiff's counsel attempted to
contact Shivley with respect to Image B, but did not receive
filed this action on September 25, 2018. On October 18, 2018,
Shivley, acting pro se, filed an Answer entitled “the
Response.” ECF No. 7. The Response was comprised of
quasi-legal gibberish and “sovereign citizen”
arguments. Plaintiff filed a motion to strike the Response,
which the Court granted on January 22, 2019. ECF No. 11.
Shivley was given fourteen days in which to file an amended
answer. Shivley did not file an amended answer and has not
otherwise appeared or defended in this action.
sought entry of default, which was granted on April 18, 2019.
ECF Nos. 13, 14. Plaintiff has now filed this Motion for
Default Judgment. ECF No. 15. Shivley has not responded and
time for doing so has elapsed.
Rule 55(a), the clerk of court is required to enter an order
of default if a party against whom affirmative relief is
sought has failed to timely plead or otherwise defend an
action. Fed.R.Civ.P. 55(a). “[U]pon default the factual
allegations of the complaint, except those relating to the
amount of damages, will be taken as ...