The complaint
Michael Kelley v. Yimby, Inc., No. 1:26-cv-07523-VM (S.D.N.Y.), is a ten-page complaint filed September 2, 2026, ECF No. 1, with a jury demand. The docket shows the case is assigned to District Judge Victor Marrero, with Magistrate Judge Jennifer Willis designated for referred matters.
What it alleges
Kelley, an architectural photographer based in Ojai, California, alleges he is the sole author of three photographs registered under Reg. No. VA 2-159-689. The complaint describes Yimby as a digital media company that runs real estate and development news websites, and alleges, on information and belief, that Yimby needed photographs of a Miami architectural project, found Kelley's photographs online, and used them on its website without authorization. It alleges the infringement was willful. The single claim pleads direct copyright infringement under 17 U.S.C. § 501.
Kelley seeks declarations of infringement and willfulness, an accounting, actual damages and profits or, at his election, statutory damages under 17 U.S.C. § 504(c), exemplary and punitive damages, costs and attorneys' fees under 17 U.S.C. § 505, interest, and a permanent injunction under 17 U.S.C. § 502.
Default
A return of service was filed on September 9, 2026. After Kelley submitted proposed certificates of default on October 26 and October 28, 2026, the clerk issued a certificate of default on October 29, 2026.