Revisiting If Suing Bloggers For Copyright Infringement Can Be Profitable–BWP v. Mishka

6 03 2017

Ever since the Righthaven debacle, I’ve been wondering about the profitability of copyright enforcement actions against bloggers. Bloggers aren’t the deepest pockets, and numerous copyright doctrines make wins and big judgments expensive and unlikely, plus a single 505 fee shift can erase accumulated profits from many small-scale wins (see, e.g., 1, 2, 3, 4).

Today’s case gives us some additional numbers to crunch. Mishka runs a fashion blog. She included 2 photos to which BWP owned the copyrights. (BWP is a familiar name on this blog). BWP sued in August 2013. As usual in these circumstances, BWP didn’t send any takedown notices, and Mishka deleted the photos upon receiving the complaint. In March 2016, BWP accepted an offer of judgment for $7,500 plus “costs and attorney [sic] fees in the amount to be set by the Court.”

Case citation: BWP Media USA, Inc. v. Mishka NYC LLC, 2016 WL 8309676 (E.D.N.Y. Dec. 28, 2016)


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