Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
2Activity
0 of .
Results for:
No results containing your search query
P. 1
Bathtime Fun

Bathtime Fun

Ratings: (0)|Views: 273 |Likes:
Published by Erin Fuchs

More info:

Published by: Erin Fuchs on Oct 10, 2013
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

10/22/2014

pdf

text

original

 
1
2
3
4
5
6
789
10
11
121314
15
16
17
1819
20
21
22
232425262728
NAOMI
JANE
GRAY
(SBN
230171)
HARVEY
SISKIND
LLP
Four
Embarcadero
Center,
39th
Floor
San
Francisco,
California
941
11
Telephone:
(415)354-0100
Facsimile:
(415)391-7124
ngray@harveysiskind.com
Attorneys
for
Plaintiff
ASHLEY
CANDLERUNITED
STATES
DISTRICT
COURT
EASTERN
DISTRICT
OF
CALIFORNIA
ASHLEYCANDLER,
an
individual.
Plaintiff,
v.
SHANNONCARTER,
an
individual,
Defendants
Case
No.
COMPLAINT
COMPLAINT
Case
No:
Case 2:13-cv-02072-LKK-CMK Document 1 Filed 10/07/13 Page 1 of 10
 
1
2
345
6
7
89
10
1112
13141516
17
1819
20
2122
232425262728
Plaintiff
Ashley
Candler
("Candler"),by
and
through
herattorneys,
Harvey
Siskind
LLP,
alleges
as
follows:
JURISDICTION
AND
VENUE
1
.
Thisaction
arises
under
the
Copyright
Act,
17
U.S.C.
§§
101
et
seq.
This
Court
has
jurisdiction
over
thisaction
pursuantto
28
U.S.C.
§§
1338(b)
and1367.
2.
ThisCourt
has
personal
jurisdiction
overDefendant
because
Defendant
explicitly
consented
to
the
jurisdiction
of
thisCourt
in
a
DigitalMllennium
Copyright
Act
("DMCA")
countemoticesubmittedto
YouTube
pursuant
to
17
U.S.C.
§
512(g).
Moreover,
on
information
and
belief,
Defendant
resides
in
the
State
of
California,
engaged
in
the
infringing
acts
allegedherein
within
the
State
of
California,
andcaused
harmtoCandler
within
the
State
of
California.
3.
Venueis
proper
in
theEastern
District
pursuantto
28
U.S.C.
§§
1391
and
1400(a)
in
that,on
information
and
belief.
Defendant
resides
in
the
District;
a
substantial
part
of
the
acts
and
omissions
giving
rise
toCandler's
claim
occurred
in
the
District;
and
Defendantmay
be
found
in
the
District.PARTIES
4.
Candleris
an
individual
residing
in
ButteCounty,
California.
5
.
On
information
and
belief.
Defendant
resides
in
or
aroundthe
city
of
Bakersfield,
county
of
Kern,
California.
INTRODUCTION
6.
This
case
stems
from
Defendant's
deliberate
and
flagrant
acts
of
copyrightinfringement.
Candler
created
an
adorable
video
of
her
toddler
son,
playing
in
the
bathtub
with
the
family
dogs,and
posted
it
to
YouTube
for
the
enjoyment
of
family
and
friends.Defendant
promptly
copiedthe
video
toher
ownYouTube
channel
and
monetized
it
byauthorizingYouTubetoinsert
advertisements.
These
advertisements
generate
revenue
toDefendant
each
time
a
viewer
watches
thevideo.The
videowent
viral,
and
has
been
viewed
on
Defendant'sYouTube
page
over
69
million
times.
-1-
COMPLAfNT
Case
No:
Case 2:13-cv-02072-LKK-CMK Document 1 Filed 10/07/13 Page 2 of 10
 
1
23
4
56
7
8
9
10
11
12
13
14
15
16
17
1819
20
21
2223
24
2526
27
28
7.
Candler
sent
a
DMCA
takedownnotice
to
YouTube,resulting
in
removal
of
the
video.Defendant,however,submitted
a
countemoticetoYouTube,falsely
representingthat
the
takedown
wasdone
as
the
result
of
misidentification
or
mistake.
WhenCandler's
counsel
attempted
to
contact
Defendantby
certified
mail
at
the
address
providedby
Defendant
in
the
countemotice,
Defendant
refused
toaccept
delivery
of
the
letter.
8.
Candler
has
tried
diligently
toresolve
her
dispute
with
Defendant
without
resortto
litigation.
Defendant's
knowing
and
willful
conduct
reflects
a
determination
tocontinue
infringing
no
matter
theconsequences,
leaving
Candler
with
no
choice
but
to
file
this
Complaint
in
orderto
protect
her
valuable
intellectual
property
rights.
FACTS
9.
Candler
is
the
mother
of
a
young
son.
In
or
aroundDecember,
2010,
Candler
created
a
video
entitled
"BathTime
Fun."
The
video
displaysher
toddler
son
in
the
bathtub,
teasingthe
family
dachshund
with
a
bath
toy.
Thedachshundrepeatedly
jumps
for
the
toy
andmisses,
causing
Candler's
son
to
laugh
adorably.The
video
lasts
approximately
a
minute.Candler
owns
U.S.
Copyright
Registration
No.
PA
1829720
for
the
video.
10.
OnJanuary
12,201
1,
Candler
postedthe
video
to
YouTube
so
that
friends
and
family
could
view
it.
11
.
The
very
next
day,
on
January
1
3,
20
1
1
,
Defendantcopied
the
video
to
her
publicly
available
YouTube
channel,sweetfacesjc.
In
a
caption
to
the
video,Defendantclaimedthat
the
video
showed
"my
nephewcracking
up
while
teasingthedog
with
histoy.
Original
contenttaken
by
me
with
my
Droid
phone.
I
ownall
content
copyrightstothis
video."
Thesestatements
were
false.
12.
The
video
quickly
went
viral.
At
the
time
of
this
writing,
the
video
had
been
viewed
on
the
sweetfacesjc
channel
over
69
million
times.
13.
On
information
and
belief,
in
addition
to
copying
and
publicly
displaying
the
video
without
authorization.Defendant
has
"monetized"
the
video
byauthorizing
YouTube
to
insertadvertisements
into
the
videothat
play
each
time
the
video
is
clicked.On
information
and
belief.
Defendant
is
paid
each
time
a
viewer
watchesthe
video
with
theadvertisements.
-2-
COMPLAINT
Case
No:
Case 2:13-cv-02072-LKK-CMK Document 1 Filed 10/07/13 Page 3 of 10

Activity (2)

You've already reviewed this. Edit your review.
1 thousand reads
1 hundred reads

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->