Frye v. Lagorstrum et al
Filing
226
MEMORANDUM AND ORDER granting in part 220 Motion for Attorney Fees; granting in part 220 Motion for Preliminary Injunction; granting in part 220 Motion to Seize; granting in part 220 Motion for Judgment.For the following reasons, plain tiff's requests for a permanent injunction, impoundment, statutory damages, attorney's fees, and damages for breach of contract are granted in part. Lagerstrom is permanently enjoined from infringing Frye's copyright in "Homeless. " Lagerstrom is ordered to forthwith destroy all copies of all "Homeless" footage in his possession or control. The Court awards $10,000 in statutory damages for copyright infringement under 17 U.S.C. § 504(c), $1,921.9 8 in damages for breach of contract, and $21,450 in attorney's fees under 17 U.S.C. § 505. The Clerk of Court is respectfully instructed to terminate the motion pending at ECF No. 220, enter judgment in favor of plaintiff, and close this case. (Signed by Judge Naomi Reice Buchwald on 6/27/2018) Copies Mailed By Chambers. (tro) Modified on 6/28/2018 (tro).
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------------x
JOSEPH FRYE,
Plaintiff,
MEMORANDUM AND ORDER
- against -
15 Civ. 5348
BENJAMIN F. LAGERSTROM, a.k.a
BENJAMIN IRISH, and DIANACOLLV,
(NRB)
INC.,
Defendants.
----------------------------------------x
NAOMI REICE BUCHWALD
UNITED STATES DISTRICT JUDGE
On
August
31,
2017,
this
Court
granted
plaintiff
Joseph
Frye's motion for summary judgment on his copyright infringement
and
breach
of
contract
claims
Lagerstrom and Dianacollv,
ECF
No.
214.
equitable
220.
fees,
and monetary
For
permanent
Before
the
injunction,
Inc.
the
Mem.
Court
relief.
following
against
&
is
Mot.,
reasons,
impoundment,
defendants
Order,
Aug.
plaintiff's
Dec.
18,
plaintiff's
BenJamin
31,
2017,
motion
for
2017,
ECF No.
requests
for
statutory damages,
a
attorney's
and damages for breach of contract are granted in part.
I . BACKGROUND
A. Facts
The
previous
facts
of
opinions.
Lagerstrom,
No.
15
this
See
Civ.
case
Mem.
5348
are
&
described
Order,
(NRB),
ECF
2016 WL
in
detail
in
our
No.
214;
Frye
v.
3023324
(S.D.N.Y.
May
24,
facts
2016).
with
the
the case and only provide the background relevant
of
We
assume
for
deciding the present motion.
the
reader's
familiarity
1
In 2014, plaintiff Frye and defendant Lagerstrom reached an
agreement
to
produce
a
short
film
entitled
"Homeless:
Story," which was based on a script written by Frye.
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