1338(a) (actions arising under any
Congress relating to
copyright), in that this action arises under the laws
the United States and, more
Congress relating to copyrights.
2.Defendants are subject to personal jurisdiction
the Court because
they reside, have agents, do or transact business, or are othelwise found, and have
purposefully availed themselves
doing business, in California
and this District.
3. Venue is proper in this District pursuant to 28 U.S.C.
because Defendants have a regular and established place
business in this District
and may be found in this District. Venue is also proper in this District pursuant to
28 U.S.C. § 1391(b)(2) because a substantial part
the events or omissions giving
rise to the claims occurred in this District and a substantial part
the property that
is the subject
this action is situated in this District. Alternatively, venue is alsoproper in this District pursuant to 28 U.S.C.
1391(b)(3) because Defendants havea regular and established place
business in this District and may be found in thisDistrict.
At all times material hereto, Plaintiff TKC was a Californiacorporation with its principal place
business in Sherman Oaks, California, dulyauthorized to do and doing business in this District.
all times material hereto,TKC has been engaged in the business of, among other things, holding, distributing,copying, licensing and otherwise exploiting the copyrighted works
HarlanEllison, including without limitation, for adaptation into television programs,feature films and other formats. Harlan Ellison is the President
TKC is informed and believes and thereon alleges that defendantNiccol is
individual residing and doing business in this District. TKC
informed and believes and thereon alleges that defendant Niccol wrote thescreenplay for a feature length motion picture entitled
LAOII 1045905.1 -
COPYRIGHT INFRINGEMENT AND JURY TRIAL DEMAND