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Cooley vs. Getty Images, Corbis, Superstock - Complaint

Cooley vs. Getty Images, Corbis, Superstock - Complaint

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Cooley vs. Getty Images, Corbis, Superstock - Complaint
Cooley vs. Getty Images, Corbis, Superstock - Complaint

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Published by: ExtortionLetterInfo.com on Feb 02, 2012
Copyright:Attribution Non-commercial

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02/02/2012

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UNITED
STATES
DISTRICT COURTSOUTHERN DISTRICT OF NEW
YORK
BRIAN COOLEY
and
COOLEY
&
CO.
LTD.
Plaintiffs,-against-PENGUIN GROUP (USA) INC., DK PUBLISHING,INC.
an
affiliate of PENGUIN GROUP
(USA)
INC.,DORLING
KINDERSLEY
LIMITED.
an
affiliate ofPENGUIN GROUP (USA) INC.,
GETTY
IMAGES,INC., CORBIS CORPORATION,
RGB
VENTURES
LLC
D/B/A
SUPERSTOCK
and
LOUIS PSIHOYOS,Defendants.
COMPLAINT
'
:l~CJV
0001
JURY TRIAL
DEMANDED
Plaintiffs Brian Cooley
("Cooley")
and
Cooley
&
Co. Ltd.
("Cooley
&
Co.")
(collectively,
"Plaintiffs",
each individually
"Plaintiff")
as for their Complaint by
and
through their counsel Sam
P.
Israel, P.C. against Penguin Group
(USA)
Inc., DKPublishing, Inc., Dorling Kindersley Limited, Getty Images, Inc.
("Getty"),
CorbisCorporation
("Corbis"),
RGB
Ventures
LLC
d/b/a
SuperStock
("SuperStock")
andLouis Psihoyos
("Psihoyos")
(collectively
"Defendants"),
allege
upon
Plaintiff's
own
personal knowledge
and
otherwise
upon
information and belief, as follows:
NATURE OF THE ACTION
1.
In this action the Plaintiff Cooley, a preeminent artist
in
the paleontologyfield seeks to arrest the unlawful reproduction and sale of copies of two of his worldrenowned copyrighted sculptures of dinosaur eggs and to recover damages he hassustained as a consequence of this misconduct. As alleged herein, the
Defendants-
aphotographer, three photography clearance organizations
and
a publishing
conglomerate-
have individually
and
collectively distributed and continue to distributeillegal copies of the Plaintiff's works through their distinct channels of distribution,
at
 
all times doing so
without
authorization,
and
in violation of the Plaintiff's exclusiverights of reproduction
and
distribution
under
the United States Copyright Act.
PARTIES
2.
Brian Cooley is a citizen of Canada residing
at
6727 Silverview Road, NWCalgary, Alberta, Canada
T3B
3L5.
Cooley
&
Co. is a Canadian company located in theProvince of Alberta, Canada, owned jointly by Brian Cooley
and
his wife
and
engagedin the business of generating three-dimensional objects, primarily dinosaurs, for use orsale by
or
to its clients.
3.
Upon information
and
belief, defendants
DK
Publishing, Inc.
and
DorlingKindersley Limited are affiliated publishing corporations, owned
and/
or
operated bydefendant Penguin
Group
(USA) Inc. (collectively, the
"Publisher Defendants"),
eacheither maintaining offices
and/
or
conducting business
at
375
Hudson
Street,
New
York,
New
York 10014.
4.
Upon information
and
belief, defendant Getty is a domestic corporationthat
purports
to offer "licensing models, digital media management tools
and
acomprehensive offering of creative
and
editorial imagery, microstock, footage
and
music."
See
http:/
I
company.gettyimages.com. Getty maintains offices
and/
or
conductsbusiness
at
75
Varick Street,
New
York,
N.Y.
10013.
5.
Upon information
and
belief, defendant Corbis is a domestic corporationthat purports to offer a selection of licensed stock photography
and
illustrations
through
the companies'
"branded
websites."
See
http:/
I
corporate. corbis.com/company-fact-sheet. Corbis maintains offices
and/
or
conducts business
at
250
Hudson
Street,
New
York,
N.Y.
10013.
6.
Upon information
and
belief, defendant SuperStock is a domesticcorporation, "photographer owned
and
operated," which purports to offer a "largecollection of Royalty Free, Rights Managed and Subscription stock images" through itswebsite.
http:/
/www.linkedin.com/company/
superstock. SuperStock maintains
2
 
offices
and/
or conducts business in
New
York. (Corbis, Getty
and
SuperStock arecollectively referred to herein as the
"Clearinghouse Defendants.")
7.
Upon information
and
belief, defendant Louis
(a.k.a.
"Louie") Psihoyos isa professional photographer residing
at
443
Juniper Avenue, Boulder, Colorado 80304
who
conducts business
throughout
the United States, including
in
the State of
New
York
and
within this Judicial District.
JURISDICTION
AND
VENUE
8.
The
Court
has subject matter jurisdiction over this action
pursuant
to
28
U.S.C.
§
1338(a),
in
that,
among
other causes of action stated herein are claims arising
under
the Copyright Act, 17 U.S.C.
§§
101
et
seq.,
and
the Lanham Act, 15 U.S.C.
§§
1051,
et
seq.
9.
The
Court
has
in
personam
jurisdiction over the Defendants generally
and/
or specifically
in
that they reside
in New
York
and/
or purposely avail themselvesof the privileges of conducting business here
under
the laws of
New
York State withinthe meaning of Section
301
of the
New
York Civ. Prac.
L.
&
Rules
and/or
because one
or
more of them have engaged
in
activities within the State
that
has caused injuryoutside of
New
York.
10.
Venue is
proper in
this forum
pursuant
to
28
U.S.C.
§§
1391(a)
and
(c)
and
§
1400(b) because the Defendants conduct business within this District, are amenable toprocess here,
and
have infringed Plaintiff's copyrights within this District, as describedherein.
BACKGROUND FACTS
11.
Brian Cooley is
an
internationally renowned sculptor of prehistoric life.Over the past thirty years his highly realistic life-sized dinosaur sculptures have beenshowcased in museums
and
other institutions throughout the world
and
featured in
an
array of scholarly
and
lay publications including
on
the front covers of NationalGeographic and Time magazines. Among other distinctions, Cooley has been
awarded
3

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