Corey Sipkin Photography LLC v. New Yirui Culture NY Inc.

CourtDistrict Court, E.D. New York
DecidedSeptember 16, 2025
Docket1:24-cv-08354
StatusUnknown

This text of Corey Sipkin Photography LLC v. New Yirui Culture NY Inc. (Corey Sipkin Photography LLC v. New Yirui Culture NY Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Corey Sipkin Photography LLC v. New Yirui Culture NY Inc., (E.D.N.Y. 2025).

Opinion

UNITED STATES DISTRICT COURT NOT FOR PUBLICATION EASTERN DISTRICT OF NEW YORK

COREY SIPKIN PHOTOGRAPHY LLC,

Plaintiff,

– against – MEMORANDUM & ORDER

NEW YIRUI CULTURE NY, INC., 24-CV-8354 (ERK) (JAM)

Defendant.

KORMAN, J.: Plaintiff Corey Sipkin Photography LLC brought this action asserting claims under the Copyright Act, 17 U.S.C. § 101 et seq., and the Digital Millenium Copyright Act (“DMCA”), 17 U.S.C. § 1201 et seq., against Defendant New Yirui Culture NY, Inc. Defendant has not appeared, and the Clerk of Court entered its default. Plaintiff now moves for a default judgment under Federal Rule of Civil Procedure 55(b). BACKGROUND Plaintiff is a professional photography company that commercially licenses certain photographs. Compl. ¶ 10, ECF No. 1. Plaintiff created a photograph of people marching across the Brooklyn Bridge in protest of the death of George Floyd (the “Photograph”). Id. ¶ 2. On June 30, 2020, Corey Sipkin, a member of Plaintiff, obtained the rights and a copyright registration from the United States Copyright Office (“USCO”). Id. ¶ 18; ECF No. 23 ¶¶ 1, 8–9; ECF No. 23-2. Sipkin transferred all rights and licenses of the Photograph to Plaintiff by way of written transfer

agreement on or about January 17, 2023. Compl. ¶ 19. Plaintiff published the Photograph by commercially licensing it to the New York Post, a third-party media company, for the purpose of display and/or public

distribution. Id. ¶ 15. The Photograph was published as part of a news article on June 1, 2020 by the New York Post. Id. ¶ 16. The Photograph, as originally published in the New York Post, included a “gutter credit” attributing authorship of the Photograph to Sipkin. Id. ¶ 67; ECF No. 1-3.

Defendant is the owner and operator of a website at domain www.yr-ny.com (the “Website”) and is a “sophisticated media company which owns a comprehensive portfolio of digital marketing platforms.” Compl. ¶¶ 3, 21–25. The Website is

monetized in that it hosts events, contains network promotions, and advertises companies. Id. ¶ 24. On or around April 9, 2024, Defendant, without permission or authorization from Plaintiff, began displaying a copy of the Photograph on the Website. Id. ¶ 30; ECF No. 1-2. The Website’s display of the Photograph did not

include the “gutter credit” attributing the work to Sipkin that was present when published by the New York Post. Compl. ¶¶ 68–69; ECF No. 1-2. Plaintiff sent Defendant two letters prior to initiating this litigation requesting

that Defendant provide proof of license to use the Photograph or to otherwise remove it from the Website. Id. ¶¶ 51–52; ECF No. 22-8. After receiving no response from Defendant, Plaintiff initiated this action by filing the Complaint on December 5,

2024. See Compl. ¶ 53. Plaintiff asserts one claim of direct copyright infringement in violation of 17 U.S.C. § 501 et seq., and one claim of removal and/or alteration of copyright management information in violation of 17 U.S.C. § 1202(b) against

Defendant. Id. ¶¶ 56–76. Plaintiff served Defendant by filing a copy of the Complaint with New York Secretary of State on January 10, 2025. ECF No. 10; see also N.Y. Bus. Corp. Law § 306. At the Court’s direction, Plaintiff also sent the Complaint to Defendant via email and to Defendant’s business address via certified

mail. ECF Nos. 12, 13. Defendant failed to answer or appear, and Plaintiff requested and received a Certificate of Default on May 6, 2025. ECF Nos. 16–19. Plaintiff now moves for the entry of default judgment under Federal Rule of Civil

Procedure 55(b), seeking statutory damages pursuant to 17 U.S.C. § 504(c), statutory damages pursuant to 17 U.S.C. § 1203(c)(3)(B), and attorneys’ fees and costs pursuant to 17 U.S.C. § 505. See ECF No. 20 at 13–16, 17–19, 25–26. STANDARD OF REVIEW

Rule 55 governs motions for default judgment and establishes a two-step process. New York v. Green, 420 F.3d 99, 104 (2d Cir. 2005). First, the non-defaulting party must obtain a Certificate of Default from the Clerk of Court by

providing proof of service and an affidavit showing that the party against whom the default is sought has not answered or appeared. Fed. R. Civ. P. 55; E.D.N.Y. L.R. 55.1. Second, if a Certificate of Default is granted, the factual allegations in the

complaint are deemed true and admitted, and the court evaluates whether those facts state a valid cause of action and warrant the relief sought and whether material issues of fact remain. See Pac. M. Int’l Corp. v. Raman Int’l Gems, Ltd., 888 F. Supp. 2d

385, 393 (S.D.N.Y. 2012). Courts also look to the factors used to weigh motions to set aside default judgments to determine if a default judgment is warranted, namely “(1) the willfulness of default, (2) the existence of any meritorious defenses, and (3) prejudice to the non-defaulting party.” Guggenheim Cap., LLC v. Birnbaum, 722

F.3d 444, 455 (2d Cir. 2013). DISCUSSION I. Plaintiff Satisfied the Procedural Step

Plaintiff has satisfied Rule 55’s procedural step by presenting the documentation required by Local Civil Rule 55.1 and obtaining a Certificate of Default. ECF No. 19. Service was proper under Federal Rule of Civil Procedure 4(h), which allows parties to serve entities in the manner prescribed by the law of

the state in which the district court is located. Obot v. Citibank South Dakota, N.A., 347 F. App’x 658, 659 (2d Cir. 2009). Plaintiff served Defendant by delivering the Complaint and Summons to a clerk at the Office of the Secretary of State of the State of New York, ECF No. 7, a valid method for serving a corporation under New York law, see N.Y. Bus. Corp. Law § 306 (McKinney 2023).

II. Plaintiff Satisfies the Substantive Step A. Plaintiff Pled a Viable Claim for Copyright Infringement To establish a claim of direct copyright infringement, a plaintiff must

demonstrate “(1) ownership of a valid copyright and (2) infringement of the copyright by the defendant.” Yurman Design, Inc. v. PAJ, Inc., 262 F.3d 101, 108– 109 (2d Cir. 2001); see also Feist Publ’ns, Inc. v. Rural Tel. Serv. Co., Inc., 499 U.S. 340, 361 (1991). Plaintiff satisfies both elements.

Under the Copyright Act, “[a] certificate of [copyright] registration made before or within five years after first publication of the work shall constitute prima facie evidence of the validity of the copyright.” 17 U.S.C. § 410(c); see also

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