Summarize the judgment on the recent copyright infringement case involving XYZ Corp and ABC Ltd. in a single sentence.


IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOMESTATE

XYZ CORP, Plaintiff,

vs.

ABC LTD, Defendant.

Case No. 12345

JUDGMENT ON COPYRIGHT INFRINGEMENT

BACKGROUND

The plaintiff, XYZ Corp ("Plaintiff"), filed this suit against ABC Ltd ("Defendant"), alleging copyright infringement under Title 17 of the United States Code.

Plaintiff claims that the Defendant reproduced, distributed, and publicly displayed a photograph taken and owned by the Plaintiff without its consent, thereby infringing upon its exclusive rights under copyright law.

Defendant contends that its use of the photograph was "fair use" and therefore not infringing.

FINDINGS OF FACT

Plaintiff is the sole copyright owner of the photograph in question, titled "Sunset Serenity" ("the Photograph"), having taken it on January 15, 2020. The Photograph was duly registered with the U.S. Copyright Office on February 10, 2020.

On May 1, 2020, Defendant used the Photograph in an online advertisement for its travel agency business, without seeking permission from or compensating the Plaintiff.

LAW AND ANALYSIS

Copyright Infringement: For a claim of copyright infringement to succeed, the Plaintiff must prove (1) ownership of a valid copyright, and (2) that the Defendant copied original elements of the work.

The Court finds that the Plaintiff has satisfied both elements. The registration certificate presented by Plaintiff establishes prima facie evidence of the validity of its copyright in the Photograph. Further, Defendant's unauthorized use of the Photograph in its advertisement is a clear copying of the original work.
Fair Use Defense: Defendant raises a defense of "fair use" under Section 107 of the Copyright Act. Four factors are considered:

Purpose and character of the use: The use by Defendant was commercial in nature, intended to promote its business. This weighs against a finding of fair use.

Nature of the copyrighted work: The Photograph is a creative and expressive work, which tends to weigh against a finding of fair use.

Amount and substantiality of the portion used: Defendant used the Photograph in its entirety, which weighs against a finding of fair use.

Effect on the potential market: Defendant's use could harm the potential market for or value of the Photograph, as others might not license or purchase the Photograph if they see it being used without compensation. This also weighs against a finding of fair use.

Given the totality of the circumstances and the four factors, the Court finds that the Defendant's use does not qualify as "fair use" under the Copyright Act.

CONCLUSION

Based on the above, the Court concludes that Defendant has infringed upon the Plaintiff's copyright in the Photograph.

The Plaintiff is hereby awarded statutory damages in the amount of $30,000, as per Section 504(c) of the Copyright Act.

The Defendant is hereby enjoined from any further use, distribution, or display of the Photograph.

The Defendant shall also bear the costs of this lawsuit.

ORDERED this 27th day of August, 2023.

[SIGNATURE]

Honorable Jane L. Smith
United States District Judge