Photographer Louis Psihoyos sued publisher John Wiley & Sons, Inc. (“Wiley”) for copyright infringement under the Copyright Act of 1976, 17 U.S.C. § 101 et seq., based on Wiley’s publication of textbooks containing eight of Psihoyos’s photographs. Although the United States District Court for the Southern District of New York (Rakoff, J.) determined that the applicable three‐year statute of limitations barred none of Psihoyos’s infringement claims, it nonetheless granted Wiley’s motion for summary judgment as to several of those claims, citing Psihoyos’s failure to register the relevant works prior to instituting suit as required by 17 U.S.C. § 411(a). After a jury trial in which the jury found willful infringement and awarded statutory damages for three 1 of the remaining four claims, the District Court (Oetken, J.) denied Wiley’s motion for remittitur or, in the alternative, for a new trial. We affirm.
Psihoyos, a professional photographer, created eight photographs that Wiley published in various textbooks from 2005 to 2009. In November 2010 Wiley sought a retroactive licensing arrangement with Psihoyos after discovering that it had published in several textbooks and without a license a pair of Psihoyos’s photographs of a Stanford University professor holding a narcoleptic dog (the “Narcoleptic Dog photos”). After being notified of the unlicensed publication of the photographs, Psihoyos requested full disclosure of any other unauthorized use of Psihoyos’s photographs by Wiley. After examining its records, Wiley responded that it had published without permission one photograph of a Triceratops skeleton (“Triceratops photo”) and one of an Oviraptor skeleton (“Oviraptor photo”),1 in addition to the two Narcoleptic Dog photos.
Judge(s): Raymond Lohier, Jr.
Jurisdiction: U.S. Court of Appeals, Second Circuit
Related Categories: Civil Procedure , Damages
|Circuit Court Judge(s)|
|Raymond Lohier, Jr.|
|John Walker, Jr.|
|Trial Court Judge(s)|
|Plaintiff Lawyer(s)||Plaintiff Law Firm(s)|
|Kevin McCulloch||Nelson & McCulloch LLP|
|Danial Nelson||Nelson & McCulloch LLP|
|Defendant Lawyer(s)||Defendant Law Firm(s)|
|Christopher Beall||Levine Sullivan Koch & Schulz LLP|
|Robert Penchina||Levine Sullivan Koch & Schulz LLP|