Plaintiff Getty Images (US), Inc. (“Getty Images”) and defendant The Herzog Law Firm, P.C. (“Herzog”) hereby stipulate and request entry of judgment as follows:
1. Getty Images has produced a valid and proper Certificate of Registration, VA 1-850-730, dated March 8, 2013, issued by the United States Copyright Office, for the photographic image with the catalog description “BF1429-001 (RM) Businessman falling over, legs in air (blurred motion).” Defendant Herzog does not dispute the validity of the copyright in the subject image.
2. Getty Images has demonstrated that it is the exclusive licensee of the subject image and, inter alia, holds the exclusive right to make and control legal claims related to infringements of the copyright in that image. Defendant Herzog does not dispute the rights granted to Getty Images.
3. Getty Images has demonstrated, inter alia, that defendant Herzog reproduced, displayed, distributed and made other infringing uses of the subject image, without authorization by Getty Images and, by that conduct, infringed copyrights in that image. Defendant Herzog does not dispute that it infringed those copyrights and is liable to Getty Images under the First Cause of Action. However, such action was not willful or done with knowledge of the copyright registration.
4. Getty Images has demanded an award of damages for copyright infringement pursuant to 17 U.S.C. § 504(b). Defendant Herzog does not dispute Getty Images’ entitlement to damages for copyright infringement and wishes to reach a consensual resolution of this matter without the cost, disruption, and uncertainty associated with further litigation.
5. Based on the foregoing, the parties seek entry of a final judgment on Getty Images’ copyright infringement claim against defendant Herzog in the amount of $5,000.00, in favor of Getty Images. Defendant Herzog specifically consents to the Court’s entry of a final judgment in that amount.