Professional Documents
Culture Documents
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FIRST CLAIM FOR RELIEF C op)'ri ght Infrin gement Under Section 501 of the Cop)'right Act Against all Defendants
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62-
consent.
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63. 64.
plaintiff s Image(s).
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infringement under Section 501 of the Copyright Act in violation of the rights
granted to STRICK as copyright holder.
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65.
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infringement of Plaintiff s copyright. That each violation of each of Plaintiffs rights by each Defendant constitutes a separate and distin ct act of copyright
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of
Plaintiffs fmages, for a total of at least Three Hundred Forty Eight (348)
infringements of Plaintiff s copyrights.
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66. 67.
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Image(s) was at all times willful, intentional and in bad faith. Defendants, or one or more of them, had actual andlor constructive
knowledge andlor through the exercise of ordinary business care and/or the
examination of public records, knew or should have known that the Plaintiff held
the copyright(s) in the Image(s); that Defendants, or one or more of them, did not
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COMPLAINT
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have (at any of the relevant times herein) a license, consent, or authori zationby
Plaintiff for the use of Plaintiffs Image(s) on its website or in any other medium of
news source employed by Defendants, or one or more of them, and that any such
use would be in violation of
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Plaintiffs copyrigh(s).
68.
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Hollywood Backlot" to "Hollywood Backlot" pursuant to Plaintiff s instruction and the Subject Unexecuted Agreement.
69.
will
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being within the sole custody, possession, and control of the Defenciants. or one or
more of them.
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70.
under Section 504 and 505 of the Copyright Act, 17 U.S.C. Section
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et., seq.,
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given the willful, intentional, malicious and bad faith nature of Defendant(s)'
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copyright infringement, and as an alternative to statutory damages, Plaintiff, at his election prior to judgment is entitled to recover his actual damages and any
additional profits of the Defendants, or one or more of them, attributable to the
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infringement as under 17 U.S.C. Sections 50a (a)-(b). SECOND CLATM FOR RELIEF C op)'ri ght Infrin gement Under Section 501 of the Coplzright Act Against All Defendants
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71.
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COMPLAINT
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Upon information and belief, the Defendants, or one or more of them, have infringed the copyright(s) for praintiffls Image(s).
72.
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infringement under Section 501 of the Copyright Act in violation of the rights
granted to STRICK as copyright holder.
74.
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infringement. Upon information and belief the Defendants, individually and/or collectively, have infringed at least One Hundred Seventy Foar (174) of Plaintiff
Images, for a total of at least Three Hundred Forty Eight (345) infringements
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of
Plaintiff s copyrights.
75
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had actual and/or constructive knowledge andlor through the exercise of ordinary business care and/or the examination of public records, knew or should have known that Plaintiff held the copyright(s) in the Image(s), that Defendants, or one or more
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of them did not have (at any of the relevant times herein) a license, consent, or authorization by Plaintiff for the use of Plaintiff s Image(s) on its website or in any
other medium of news source employed by Defendants, or one or more of them,
and that any such use would be in violation of
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plaintiffs copyright(s).
76.
in violation of Plaintiff s copyright(s) was negligent in that it knew or should have known that it was without a license for the use(s) complained of herein.
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77.
will
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COMPLAINT
being within the sole custody, possession, and control of the Defendants.
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78.
under Section 504 and 505 ofthe Copyright Act, 17 U.S.C. Section 101 et., seq., given the willful, intentional, malicious and bad faith nature of defendant(s)'
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copyright infringement, and as an alternative to statutory damages, Plaintiff, at his election prior to judgment is entitled to recover his actual damages and any
additional profits of the Defendants, or one or more of them, attributable to the infringement as under 17 U.S.C. Sections 50a (a)-(b).
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79.
Common To
That, upon information and belief, and as set forth above in the Facts
as
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TRIBLTNE and numerous other media companies owned and operated by Tribune,
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80.
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81.
COMPLAINT
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a
of
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copyright infringement.
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83.
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Plaintiff s copyright(s).
84.
of
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television shows as described hereinabove, and/or providing, selecting, publishing, distributing, transmitting, sublicensing, or enabling the copying or appropriation of
such Image(s) to others, thereby inducing at least Co-Defendant
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86.
COMPLAINT
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Image(s), and that any unauthorized use thereof was in violation of Plaintiff copyright(s).
87.
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of Plaintiff s Image(s) for the success of its business and/or the promotion or
marketing thereof.
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89.
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of
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Plaintiff s copyrights.
90.
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91.
and have been
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and
92.
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U.S.C. Section 504 (c), and as an alternative to statutory damages, Plaintiff, at his election prior to judgment is entitled to recover his actual damages and any additional profits of the Defendants, or one or more of them, attributable to the
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COMPLAINT
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93.
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94.
least Co-Defendant TRIBLTNE and the Tribune Subsidiaries, or one or more them, have directly infringed Plaintiffs copyright(s) by, inter
of
alia
employing,
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of
PlaintifPs exclusive rights under the Copyright Act, 17 U.S.C. Sections 106 and
501.
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95.
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as
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employing, publishing to the internet, editing, cropping, sublicensing, distributing, transmitting, providing, and/or enabling the copying or appropriation of Plaintiff Image(s); and that such use(s) were in violation of Plaintiffs copyrights.
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96.
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known that Plaintiff held rights in the Image(s), and that any unauthofizeduse
such Image(s) was in violation of
of
Plaintiffs copyright(s).
97.
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andlor indirectly,
willfully
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facilitated , andlor materially contributed to the infringement(s) described herein by selecting, employing, publishing to the internet, editing, cropping, sublicensing,
99.
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addition to the actions described above, provided the tools (i.e. a print or electronic copy(ies) of Plaintiffs Image(s), and/or electronically displayed the Image(s) in a
manner whereby they could be copied or appropriated), support, and/or instruction
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for the infringement(s), via the infringements described herein, all in violation in
Plaintiff s copyright(s).
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100.
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101.
known of Plaintiff s rights in the Image(s), and that any use of such Image(s) would
be in violation of
Plaintiffs copyright(s).
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102.
COMPLAINT
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of
Plaintiff s copyrights.
103. That, upon information and belief, through the conduct described
hereinabove, Defendant
described herein.
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104. That, upon information and belief, the aforementioned acts of the
defendant
infringement under Section 501 of the Copyright Act in violation of the exclusive rights granted STRICK as copyright holder.
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105.
have been
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106.
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infringement(s), Plaintiff has been and will continue to be damaged in an amount yet undetermined. Indeed, the full nature and extent of Defendant(s)'use
of
Plaintiffs Images is as yet unknown, such information being within the sole
custody, possession, and control of the Defendants, or one or more of them.
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107.
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U.S.C. Section 504 (c), and as an altemative to statutory damages, Plaintiff, at his election prior to judgment is entitled to recover his actual damages and any additional profits of the Defendants, or one or more of them, attributable to the
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108.
under Section 504 and 505 of the Copyright Act, l7 U.S.C. Section 101 et., seq.,
COMPLAINT
given the repeated and systematic, willful, intentional, malicious and bad faith
nature of defendant(s)' copyri ght infringement(s).
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LA TIMES.
Agreement (Exhibit "D") was by
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with the terms of the Unexecuted Agreement (Exhibit "D") during its term which
concluded in June 2010, when said agreement was terminated by the LA Times.
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was terminateci on or
LA TIMES;
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of
of
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c.
Agreement which would result in the Defendants. or one or more of them, having rights to publish or republish
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COMPLAINT
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compensation thereto;
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JURY DEMAI{D
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113.
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ON THE FIRST CLAIM FOR RELIEF- (A) Award to Plaintiff his actual
damages incurred as a result of Defendant(s)' infringement(s), and all profits
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to
of
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including all future uses, sales, transfers, assignments, or licensing of any and all of
of
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to
17 U.S.C. $ 505;
Ol{ THE SECOI\D CLAIM FOR RELIEF- (A) Award to Plaintiff his
actual damages incurred as a result of Defendant(s)' infringement(s), and all profits realized as a result of its infringement(s), in amounts to be determined at trial; or
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s election, award to
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to
of
COMPLAINT
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the Defendants, or one or more of them, including but not limited to wholly owned subsidiaries, from employing or utilizing in any manner or media whatsoever,
including all future uses, sales, transfers, assignments, or licensing of any and all of
Plaintiff s copyrighted Image(s), pursuant to 17 U.S.C. S 502 and for an award of costs and attomeys' fees pursuant to 17 U.S.C. $ 505;
ON THE THIRD CLAIM FOR RELIEF - (A) Award to Plaintiff his
actual damages incurred as a result of Defendant(s)' infringement(s), and all profits realtzed as a result of their infringement(s), in amounts to be determined by this
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maximum statutory damages pursuant to 17 U.S.C. $ 504 for each separate and distinct act of infringement and for an order enjoining Defendants, or one or more
of them, from infringing Plaintiff s copyrighted Image(s), pursuant to 17 U.S.C.
502 and for an award of costs and attorneys' fees pursuant to 17 U.S.C. 505; $
$
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plaintiff
maximum statutory damages pursuant to 17 u.S.C. $ 504 for each separate and distinct act of infringement and for an order enjoining Defendants, or one or more
of them, from infringing Plaintiffls copyrighted Image(s), pursuant to l7 U.S.C.
502 and for an award of costs and attorneys' fees pursuant to 17 U.S.C. $ 505;
$
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a.
2010;
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b.
That by the terms of the Agreement, when the Agreement was terminated, Defendants, or one or more of them, had no rights to
COMPLAINT
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c.
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Plaintiff
granted by Plaintiff to Defendants, or one or more of them, except those rights expressly reserved therein, were terminated.
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as
inclusive of any and all relief or remedies allowable by the statutes referenced
above or applicable hereinabove.
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sfornevs
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AvTD STRICK
f&*M
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COMPLAINT