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Brazen Bootleggers – Pirates and Publishers

Are you an artist who wants to protect an “original work of authorship”? 

This can be any work including literary, technical, musical, artistic, dramatic, and other works, both published and unpublished, that are fixed in a tangible medium.

What’s protected is the fixed expression of an idea or fact – it’s not the underlying idea, procedure, or methods of doing business that will be protected.

Is someone infringing on your copyrighted material?  What might that even look like?  

The Wheat Legal team stand ready to protect the value of your ideas. 

Want to learn more?

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8                                                                      UNITED STATES DISTRICT COURT

  • WESTERN DISTRICT OF WASHINGTON AT SEATTLE
  • , an Case No. 2:20-cv­

11                                                                                                                                             COMPLAINT FOR COPYRIGHT

 

12

13           V.

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Plaintiff,

 

 

._, a

INFRINGEMENT DEMANDFORJURYTRIAL

 

  • corporat10n,
  • 17

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  • complaint against

 

 

,C’

(“-

 

 

 

or ” Plaintiff” ) hereby alleges for his ” or ” Defendant” ) upon personal

 

  • information as to Plaintiff’ s own activities, and upon information and belief as to
  • the activities of others, as follows:

22                                               NATURE OF THE CASE

  • This is a claim for copyright infringement arising under the copyright
  • laws of the United States, Title 17 of the United States

25                                                                                                                             JURISDICTION AND VENUE

  • This Court has exclusive subject matter jurisdictionover this action

27   pursuant to 28 U.S.C. §§ 1331 and 1338(a).

28

 

Case 2:20-cv                                                                                                     Page 2 of 6

 

 

 

  • This Court has personal jurisdiction over- because it conducts
  • substantial business in the State of Washington and becausethe acts and omissions
  • in question occurred h
  • The claims alleged in this Complaint arise in the State of Washington
  • and the Western District of Washington and elsewh
  • Venue is appropriate pursuant to 28 U.S.C. § 1391(b)(1-3).

7                                                                                                                         PARTIES

  • Plaintiff is an individual and resident of the state of Washington.
  • is a-               corporation with its principalplace of 10

11                                                                                                                            FACTS

 

  •  

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 created copyrightable photographs and registered them with the

U.S. Copyright Office.

8.

 

 

 

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as be

 

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tured

ns such as the

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19    others.

 

, among many

 

  • Fine art photographs from collection can be
  • found in galleries and private collections in the US, Canada, Europe and
  • – is frequently hired by top advertising agencies and brands for commercial
  • commissions based on his work. He also is hired by various publications for
  • editorial commi- ‘s images frequently are licensed for publication in
  • books, magazines, calendars,online publications, commercial websites, and
  • greeting
  • –           s business is based on licensingand selling the photographs he
  • fine art photographs are currently availablefor purchase at

 

Case 2:20-cv                                                                                                     Page 3 of 6

 

 

 

  • fine art galleries and have also been included in museum exhibitions in the US and
  • abroad.

 

  • 1 –           registe red each photograph in the
  • S. Copyright Office and has Copyright Registration Nos. 5       (2013),             (2013), and
  • of these copyright registrations is attached as Exhibit

series with the

(2011),

 

  • B. –               hosts websites that have posted and continue to post
  • photographs from without license or permission from

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–                                    ♦

  • 1 –              operates a platform that allows customers to design and build
  • their own websites or online stores, with images placed on the On or about

12   December 201_9,                  discovered that a•      -hosted website displayed five of

  • – s copyrighted photographs (the ” Infringing Content” ) without permission,
  • license, or attribution. A copy of the Infringing Content is provided as Exhibit B.
  • On or about December11, 2019,-           submitted a DMCAtakedown
  • request in accordance with the guidelines provided on- . A copy of the
  • DMCAtakedown request is provided as Exh
  • 1 That same da_y,             received an e-mail confirmation from.

 

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, confirming receipt of the DMCA takedown request. A copy of the email correspondenceis provided as Exhibit D.

  1. Eight months later, on August 9, 2020,- submitteda second DMCAtakedown request, whic                   again acknowledged.
  2. In September 2020, the Infringing Content remained live on each of the websi On or about September 25, 2020, – sent-                                                                                a

demand letter requesting that.        take down the Infringing Content and cease and desist any unauthorized use of his work in the future.

  1. responded by e-mail on October 15, 2020, confirmingreceipt of

–          ‘ s demand letter and indicatingthat.         had expeditiously removed or

 

Case 2:20-cv                                                                                                     Page 4 of 6

 

 

 

  • disabled access to the reported websites that displayed the Infringing Content in
  • response to-‘s DMCA takedown
  • As recently as October 26, 2020,-has neglected to remove the links
  • where the Infringing Content is hosted on its All five hyperlinks with the
  • Infringing Content remain
  • -never authorized his work to be used or displayed by-.

 

7                                                                                                     CAUSE OF ACTION

  • Copyright Infringement
  • –           hereby incorporates Paragraphs 1-17 by reference.
  • –           is, and at all relevant times has been, the owner of the copyright
  • in the photographs in the
  • Each photograph in                               is copyrightable subject matter under 13                                        17 U.S.C. § 102(a)(5).
  • –           has complied in all respects with the provisions of the Copyright

 

  • Act and all regulations
  • –           registered the copyright in each photograph in
  • the United States Copyright

 

with

 

  •  -hasthe exclusive rights under 17 U.S.C. § 106 to (1) reproduce
  • the photographs in , (2) prepare derivative works based on■
  • _, (3) distribute copies of                      , and (4) display
  •  
  • Without the permission or consent o_,            a photograph or
  • photographs from were reproduced, copies were distributed of, and
  • the photograph or photographs were displayed on–hosted
  • -‘s           exclusive rights in the photographs in were
  •  
  • –              acted willfully.

 

Case 2:20-cv                                                                                                     Page 5 of 6

 

 

 

 

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  • WHEREFOR_E,
  • granting the following relief:

RELIEF REQUESTED

asks this Court to enter judgme nt against-

 

  • T emporary and permanent injunctionspreventingand restraining
  • infringement of by-                  under 17 S.C. § 502;
  • An order requiring the destruction of all copiesmade by or under the
  • control of- of the photographs in                       and all articles by which
  • such copies may be reproduced under 17 S.C. § 503;
  • An award of the actual damagessuffered by-              as the result of
  • – ‘ s infringement plus the profits o                  attributable to the
  • infringement under 17 S.C. § 504(b);
  • Alternat ively, if-          so elects, an award of statutory damages for each
  • infringement of under 17 U.S.C. 504;
  • A judgment that-               ‘ s infringement was willful and an increased
  • statuto ry damage award under 17 S.C. § 504(c)(2);
  • An award of Plaintiff’ s full costs including a reasonable attorney’s fee
  • under 17 U.S.C. 505; and
  • For such other and further reliefas may be just and proper under the
  • circumstan 20

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Dated:

Case 2:20

 

 

 

,2020                    Respectfully submitted,

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9                                                                Counsel for Plaintiff

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12                                                                                                            JURY DEMAND

  • Pursuant to R. Civ. P. 38(b), Plaintiff

 

 

 

 

 

 

 

demands a trial

 

  • by jury of all issues presented in this complaint which are triable by 15

 

16   Dated: 17

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,2020

 

Respectfully submitted,

 
  

Counsel for Plaintiff   

sample complaint of declaratory relief