Summary
This Second Circuit opinion addresses whether a district court properly dismissed a copyright infringement complaint sua sponte on fair use grounds when the defendant had defaulted. The appellate court reversed the dismissal, holding that the alleged facts did not establish a fair use defense under the Copyright Act. The case was remanded with instructions to enter a default judgment in favor of the plaintiff-appellant.
Topics
Practice areas
Questions Presented
- Whether the district court erred in finding a basis in the complaint for a fair use defense.
- Whether the district court erred in sua sponte raising a substantive, non‑jurisdictional affirmative defense on behalf of a non‑appearing defendant.
Holdings
- The district court erred; the fair use defense was not supported by the complaint and the judgment is reversed.
- The district court did not err; sua sponte consideration of an affirmative defense for a defaulting defendant is permissible.
Key quotations
“The district court dismissed Plaintiff’s complaint with prejudice on the ground that Defendant’s publication of Plaintiff’s photograph constituted fair use.” (at 76)
“We therefore remand with instructions to grant the Plaintiff’s motion for default judgment.” (at 80)
Factual background
Jana Romanova, a professional photographer, licensed a photograph of a Russian woman with snakes to National Geographic. Amilus Inc. copied the photograph and posted it on its subscription website without permission. Amilus did not answer the complaint or appear in court. The plaintiff sent two cease‑and‑desist notices, which went unanswered. The district court ordered the plaintiff to show cause why the fair use defense should not apply, then dismissed the complaint on fair use grounds.
Procedural history
The district court dismissed the complaint with prejudice after sua sponte ordering the plaintiff to show cause why the fair use defense did not apply. The plaintiff sought default judgment; the district court instead dismissed on fair use grounds. The plaintiff appealed.
Remand instructions
Enter a default judgment in favor of Plaintiff.