IP Law Daily, COPYRIGHT—S.D. N.Y.: Photographer awarded statutory damages for copyright infringement and removal of CMI, (Apr 23, 2026)

By Carolin Dennis, B.Sc., LL.B., LL.M.

A photographer was entitled to statutory damages for the use of his aerial photograph of the Manhattan skyline on a retailer’s website to market its products without permission or attribution.

A federal district court in New York awarded the photographer statutory damages for a retailer’s copyright infringement and removal of copyright management information (CMI). The district court determined that the photographer was entitled to a total of $25,000 in statutory damages (Davidson v. Blankenship Dry Goods LLC, No. 1:24-cv-07544-AS (S.D.N.Y. Apr. 21, 2026)).

Background. Bruce Cameron Davidson (Davidson) is a photographer who shoots landscapes and aerial photographs. In 2014, he shot an aerial photograph of the Manhattan skyline, and the photograph was registered with the Register of Copyrights at the Library of Congress on December 1, 2015. Blankenship Dry Goods LLC (Blankenship) is a clothing retailer that owns and operates the website blakenshipdrygoods.com. Blankenship displayed Davidson’s photograph on its website, without a license or other permission to display it. Davidson sued Blankenship alleging copyright infringement and the unlawful removal of CMI. Blankenship moved to dismiss the complaint, citing fair use. The district court denied the motion. Blankenship then filed an interlocutory appeal of the denial, which was dismissed. Following discovery, the parties cross-moved for summary judgment. The district court granted summary judgment to Davidson on the question of liability. Davidson also sought statutory damages, and the district court concluded that Blankenship was entitled to a jury trial on the issue. However, the parties agreed to waive the jury trial and have the district court determine damages based on the briefs already submitted with the parties’ motions for summary judgment.

Statutory damages for infringement. In lieu of actual damages, the district court may award statutory damages for willful copyright infringement in an amount not less than $750 and not more than $150,000. Davidson asked for the maximum penalty of $150,000 arguing that it will deter future willful infringement. Alternatively, Davidson asserted that a license fee for the photo would have been approximately $2,400 and sought an award of damages of $12,000—five times $2,400, but he did not justify why this case should be at the high end of a range that already takes into account wilful infringement.

The district court determined that any award of damages will deter willful conduct, and that Davidson provided no argument as to why this infringement is particularly egregious to deserve the maximum statutory damages. The district court instead awarded damages as a multiple of the fair market value of the license, near the midpoint of the range commonly awarded in this Circuit, given that the facts seemed typical of a willful-infringement case. Accordingly, the district court awarded statutory damages of $10,000 for copyright infringement.

Statutory damages for removal of CMI. A violation for the removal of CMI under § 1202 of the Digital Millennium Copyright Act (DMCA) carries damages of between $2,500 and $25,000. The district court noted that Davidson sought the maximum statutory penalty. In support, he cited Blankenship’s lack of willingness to engage in meaningful settlement discussions.

While the district court did not disregard Blankenship’s refusal to participate in settlement discussions, it held that it also did not support a $25,000 fee award. Therefore, the district court found an award above the midpoint of the range, but not at the top of the range, appropriate and awarded Davidson $15,000 in damages for Blankenship’s removal of CMI.

Accordingly, Davidson was entitled to a total of $25,000 in statutory damages.

The Case is No. 1:24-cv-07544-AS.

Judge: Subramanian, A.

Attorneys: Joseph Anthony Dunne (Sriplaw, P.A.) for Bruce Cameron Davidson. Galen Joseph Criscione (Criscione Ravala, LLP) for Blankenship Dry Goods LLC.

Companies: Blankenship Dry Goods LLC

Cases: Copyright NewYorkNews GCNNews