Magnum Photos v. Celebitchy - Mickey Rourke Photo Complaint PDF

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CIVIL COVER SHEET
The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of
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pleadings orother papers as required by law, except as provided by local rules ofcourt. This form, approved by the
Judicial Conference ofthe United States in September 1974, isrequired for use ofthe Clerk ofCourt for the purpose of
initiating the civil docket sheet.
PLAINTIFFS
DEFENDANTS
MAGNUM PHOTOS, INC.
CELEBITCHY LLC and DOES 1-10
ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER
ATTORNEYS (IF KNOWN)
BRESSLER LAW PLLC
14 CV
3 WEST 35TH ST., 9TH FL
9147
NEW YORK, NY 10001 tel: (917) 969-4343

CAUSE OF ACTION (CITE THE U.S.CIVIL STATUTE UNDER WHICH YOU ARE Fl!I flfc. "NMWRITE ABRIEF STATEMENT OF CAUSQ
CAUSQ
(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)
17 USC 101 et seq. (including Sec. 501 direct and indirect copyright infringement; Sec. 1202 copyright management info, violations)
Has this action, case, or proceeding, or one essentially the same been previously filed in SDNY at any time? NrHVesQiudge Previously Assigned
If yes, was this case Vol. Invol.
Dismissed. No
ISTHISAN INTERNATIONAL ARBITRATION CASE?
No 0
Yes Q] If yes, give date

Yes
(PLACE ANM INONEBOX ONLY)
NATURE OF SUIT
TORTS
CONTRACT
I
I
I
I
I "0
1120
1130
1140
I 1150
I I 151
I 1152
MARINE
MILLER ACT
NEGOTIABLE
INSTRUMENT
RECOVERY OF
OVERPAYMENT &
ENFORCEMENT
OF JUDGMENT
LIABILITY
SLANDER
INJURY/PRODUCT LIABILITY
| I 365 PERSONAL INJURY

PRODUCT LIABILITY
( ] 368 ASBESTOS PERSONAL
I M95
LIABILITY
1 1210
MED MALPRACTICE
[ 1460 DEPORTATION
( 1470 RACKETEER INFLU
ORGANIZATION ACT
(RICO)
[ J480 CONSUMER CREDIT
1 j490 CABLE/SATELLITE TV
LABOR
PROPERTY DAMAGE
[ ] 385 PROPERTY DAMAGE
| ) 710 FAIR LABOR
PRODUCT LIABILITY
STANDARDS ACT
[ ] 720 LABOR/MGMT
ACTIONS UNDER STATUTES
VACATE SENTENCE
28 USC 2255
CIVIL RIGHTS
[ J440 OTHER CIVIL RIGHTS

(Non-Prisoner)
( ] 441 VOTING
| ) 442 EMPLOYMENT
[ ) 443 HOUSING/
ACCOMMODATIONS
[ J445 AMERICANS WITH
EJECTMENT
DISABILITIES -
I I 240
I I 245
TORTS TO LAND
TORT PRODUCT
EMPLOYMENT
| J 290
ALL OTHER
REAL PROPERTY
LIABILITY
IXl 820 COPYRIGHTS

[ ] 830 PATENT
( ] 840 TRADEMARK
SOCIAL SECURITY
( ] 380 OTHER PERSONAL
I ) 362 PERSONAL INJURY
CONTRACT
FORECLOSURE
RENT LEASE &
( j450 COMMERCE
PROPERTY RIGHTS
PRODUCT LIABILITY
INJURY
| ] 463 ALIEN DETAINEE

| ) 510 MOTIONS TO
LAND
28 USC 157
REAPPORTIONMENT
I 1410 ANTITRUST
| J430 BANKS & BANKING
[ ] 850 SECURITIES/
| ) 360 OTHER PERSONAL
CONTRACT
CONDEMNATION
[ ] 423 WITHDRAWAL
( 1690 OTHER
( ) 370 OTHER FRAUD

( )371 TRUTH IN LENDING
LIABILITY
| I 220
I I 230
1 J 375 FALSE CLAIMS
ENCED & CORRUPT
PRISONER PETITIONS
REAL PROPERTY
21 USC 881
PERSONAL PROPERTY
OTHER
PRODUCT
f 1400STATE
28 USC 158
LIABILITY
STOCKHOLDERS
| I 196 FRANCHISE
OTHER STATUTES
( ) 422 APPEAL
SEIZURE OF PROPERTY
LIABILITY
SUITS
I I'90
BANKRUPTCY
INJURY PRODUCT
EMPLOYERS'
| J 350 MOTOR VEHICLE

( ) 355 MOTOR VEHICLE
BENEFITS
FORFEITURE/PENALTY
j | 367 HEALTHCARE/
PHARMACEUTICAL PERSONAL , , 625 DRUG RELATED
| I 330 FEDERAL
RECOVERY OF
DEFAULTED
STUDENT LOANS
RECOVERY OF
PERSONAL INJURY
I ] 320 ASSAULT, LIBEL &
[ I 340 MARINE
[ | 345 MARINE PRODUCT
OVERPAYMENT
OF VETERAN'S
1 1160
[ ) 310 AIRPLANE
| ) 315 AIRPLANE PRODUCT
MEDICARE ACT
(EXCL VETERANS)
1 ] 153
ACTIONS UNDER STATUTES
PERSONAL INJURY
INSURANCE
&Case No.
1861
] 862
] 863
) 864
1865
HIA(1395ff)
BLACK LUNG (923)
DIWC/DIWW (405(g))
SSID TITLE XVI
RSI (405(g))
COMMODITIES/
EXCHANGE
( J 890 OTHER STATUTORY
RELATIONS
ACTIONS
[ ] 740 RAILWAY LABOR ACT

( I 751 FAMILY MEDICAL
LEAVE ACT (FMLA)
[ ] 530 HABEAS CORPUS

( I 535 DEATH PENALTY
[ I 790 OTHER LABOR
j j540 MANDAMUS &OTHER
( | 791 EMPL RET INC
LITIGATION
SECURITY ACT
IMMIGRATION
| ] 891 AGRICULTURAL ACTS

FEDERAL TAX SUITS
( | 870 TAXES (U.S. Plaintiff or

Defendant)
[ )871 IRS-THIRD PARTY
( J 893 ENVIRONMENTAL
MATTERS
( ] 895 FREEDOM OF
26 USC 7609
INFORMATION ACT
( J 896 ARBITRATION
( ] 899 ADMINISTRATIVE
PROCEDURE ACT/REVIEW OR
PRISONER CIVIL RIGHTS
( ] 462 NATURALIZATION
( ] 550 CIVIL RIGHTS
( ] 555 PRISON CONDITION
[ ] 560 CIVIL DETAINEE
|
I
|
(
[
APPLICATION
( | 465 OTHER IMMIGRATION
APPEAL OF AGENCY OECISION
( ) 950 CONSTITUTIONALITY OF
STATE STATUTES
ACTIONS
CONDITIONS OF CONFINEMENT
[ 1446 AMERICANS WITH

DISABILITIES -OTHER
| ] 448 EDUCATION
Check ifdemandedincomplaint:
[ IUNDER FRC p'23ACLASS ACT'permanent

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THIS CASE IS RELATED T0 ACIVIL CASE N0W PENDING IN S.D.N.Y.?
'
DEMAND $50,000+
OTHER '"Junction
JUDGE
DOCKET NUMBER
Check YES onlyifdemandedincomplaint
JURY DEMAND: DYES ["NO
NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32).
(PLACEAN x INONEBOXONLY)
H 1 Original
Proceeding
ORIGIN
2 Removed from
Q 3 Remanded D 4 Reinstated or
State Court
from
fj a. allpiitiureprcKnud
I I 5 Transferred from Q 6 Multidistrict
Reopened
(Specify District)
O 7 Appeal toDistrict
Litigation
Judge from
Magistrate Judge
Judgment
Appellate
I I b. Atleastone
party is pro se.
(PLACEAN x INONEBOXONLY)
1 U.S. PLAINTIFF
BAS,S0F JURISDICTION
2 U.S. DEFENDANT [x] 3 FEDERAL QUESTION
IFDIVERSITY, INDICATE
Q4 DIVERSITY
CITIZENSHIP BELOW.
(U.S. NOT A PARTY)
CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)

(Place an [X] in one box for Plaintiffand one box for Defendant)
CITIZEN OF THIS STATE
PTF
DEF
[ )1
[ ]1
CITIZEN OF ANOTHER STATE [ ) 2
[ ]2
PTF DEF
CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY
( )3[ ]3
INCORPORATED or PRINCIPAL PLACE
[ ]4 ( )4
INCORPORATED and PRINCIPAL PLACE
PTF
DEF
[ ]5
[ ]5
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[16
OF BUSINESS IN ANOTHER STATE

FOREIGN NATION
OF BUSINESS IN THIS STATE
PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)
MAGNUM PHOTOS, INC.

12 W. 31 ST ST.
NEW YORK, NY 10001

NEW YORK COUNTY
DEFENDANT(S)ADDRESS(ES) AND COUNTY(IES)
CELEBITCHY LLC
600 ONE COMMERCE CENTER
1201 ORANGE ST., STE 600

WILMINGTON, DE 19801
NEW CASTLE COUNTY
DEFENDANT(S) ADDRESS UNKNOWN
REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN
RE91BENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:
DOES 1-10
Checkone:
THIS ACTION SHOULD BE ASSIGNED TO:
Q WHITE PLAINS
\x\ MANHATTAN
(DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTS
COMPLAINT.)
DATE
11/17/14
SIQNATURrSpFTVCTORNEY OF RECOBJ3
ADMITTED TOPRACTICE IN THIS DISTRICT

[ ] NO
[Xj YES (DATE ADMITTED Mo. May

Attorney Bar Code # JB8780
RECEIPT*
Magistrate Judge is to be designated by the Clerk of the Cot|r}i,

Magistrate Judge
Ruby J. Krajick, Clerk of Court by
is so Designated.
Deputy Clerk, DATED
UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)
Save
Yr. 1993
JUDGF EÊLMAYER
**.<*
IN THE UNITED STATES DISTRICT CO
FOR THE SOUTHERN DISTRICT OF NE
9147
MAGNUM PHOTOS, INC.,

Plaintiff,
Civ. Act. No.
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CELEBITCHY LLC and DOES 1-10,

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Defendants.
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COMPLAINT
Plaintiff Magnum Photos, Inc. ("Magnum Photos"), by and through its counsel of
record BRESSLER LAW PLLC, alleges for its Complaint against Celebitchy LLC
("Celebitchy") and DOES 1-10 (collectively, Celebitchy and DOES 1-10 are the "Defendants"):
Nature of the Action
1. This is a civil action against Defendants for their wrongful acts of direct and
indirect copyright infringement and for their copyright management information ("CMI")
violations (U.S. Copyright Act, 17 U.S.C. 101 et seq.).
The Parties
2. Plaintiff Magnum Photos is a corporation organized under the laws of the State of
New York with its place ofbusiness at 12 W. 31st Street, New York, NY 10001. Magnum Photos
is a photographic cooperative of great diversity and distinction owned by its photographer
members. With powerful individual vision, Magnum Photos' photographers chronicle the world
and interpret its peoples, events, issues and personalities.
3. Celebitchy is a limited liability company organized under the laws of the State of
Delaware. On information and belief as informed by the United States Patent and Trademark
Office public database, and specifically the database record for U.S. Service Mark Registration
No. 4,288,955 for the mark CELEBITCHY owned by Celebitchy, Celebitchy has an address at
600 One Commerce Center, 1201 Orange St., Suite 600, Wilmington, DE 19801.
4. Defendants DOES 1 through 10 inclusive currently are unknown to Magnum

Photos; as such, Magnum Photos identifies those defendants in this action with fictitious names.
Magnum Photos is informedand believes that each of the defendants designated as DOES is
legally responsible at least in part for the events and actions constituting the conductdamaging
Magnum Photos. Magnum Photos will seek to amend this Complaint to identify and include the
actual names and capacities of such defendants after Magnum Photos has determined such data.
Jurisdiction and Venue
5. This Court has jurisdiction over the subject matter of this action pursuant to 28
U.S.C. 1331 and 1338(a) and 17 U.S.C. 501(a), as this action alleges infringement of
registered U.S. copyright rights and other violations of the copyright laws of the United States,
17 U.S.C. 101 et seq.
6. This Court has personal jurisdiction over Celebitchy because on information and
belief it does business and/or transacts business within the State of New York and because it did
business and/or transacted business within the State of New York for times relevant to Magnum
Photos' claims asserted in this action.
7. On information and belief, this Court has personal jurisdiction over DOES 1-10
because on information and belief they do business and/or transact business within the State of
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New York and because they did business and/or transacted business within the State of New
York during times relevant to Magnum Photos' claims asserted in this action.
8. Venue is proper in thisjudicial district pursuant to 28 U.S.C. 1391(b)(1),

1391(c)(2) and 1400(a) because Celebitchy, and on information and belief DOES 1-10, are
subject to personal jurisdiction in this district.
Facts
Renowned Photojournalist Paolo Pellegrin and His Images
9. Paolo Pellegrin ("Pellegrin") is a renowned and award-winning professional

photographer andphotojournalist. Among numerous accolades, Pellegrin has earned ten World
Press Photo Awards for his work covering AIDS in Uganda, the 2004 Indian Oceantsunami,
Hurricane Katrina, and the funerals of Yasser Arafat and Pope John Paul II, among other subject
matters. Pellegrinearned the Olivier Rebbot prize by the Overseas Press Club, USA, for his
coverage of Darfur, and the Robert Capa Gold medal awarded by the Overseas Press Club for his
work on the war in Lebanon. Pellegrin also was awarded the City of Gijon International Prize of
Photojournalism for his work featuring children in post-war Bosnia. Dozens of exhibitions since
1993 have featured Pellegrin's extraordinary photography. Since 2005, Pellegrin has beena full
member of Magnum Photos, the exclusive, invitation-only international photographic

cooperative owned by its photographer-members.
10. Pellegrin produced the following four photographic images (all collectively, the
"Images"):
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a. "GERMANY. Berlin. American actor Brad PITT. 2009." (the "Brad Pitt
Image"). "Metadata" (i.e., words and text saved and readable as part of the electronic Image
computer file) for this Image identified the foregoing Image title and Pellegrin as its author, and
recited the following copyright notice: Paolo Pellegrin / Magnum Photos. The metadata also
included the following detailed information for Magnum Photos, the Images' rights
administrator: "Contact email: New York : photographv@magnumphotos.com Paris :
magnum@magnumphotos.fr London : magnum@magnumphotos.co.uk Tokyo :

tokvo@magnumphotos.co.jp Contact phones: New York : +1 212 929 6000 Paris: + 33 1 53 42
50 00 London: + 44 20 7490 1771 Tokyo: + 813 3219 0771 Image URL:

http://www.magnumphotos.com/Archive/C.aspx?VP3=ViewBox VPage&HD=2TYRYDP9FKN
I&CT=Image&IT=ZoomImage01_VForm".
b. "GB. ENGLAND. London. American actor Mickey ROURKE with his
dog Loki. January 2009." (the "Mickey Rourke First Image"). Metadata for this Image identified
the foregoing Image title and Pellegrin as its author, and recitedthe following copyright notice:
Paolo Pellegrin / Magnum Photos. The metadata also included the following detailed
information for Magnum Photos: "Contact email: New York :
photography@magnumphotos.com Paris : magnum@magnumphotos.fr London :
magnum@magnumphotos.co.uk Tokyo : tokyo@magnumphotos.co.ip Contact phones: New

York : +1 212 929 6000 Paris: + 33 1 53 42 50 00 London: + 44 20 7490 1771 Tokyo: + 813
3219 0771 Image URL:
Page 4 of 15
http://www.magnumphotos.com/Archive/C.aspx?VP3=ViewBox VPage&HD=2TYRYDP9YGP
8&CT=Image&IT=ZoomImage01 VForm".
c.
"GB. ENGLAND. London. American actor Mickey ROURKE with his
dog Loki. January 2009." (the "Mickey Rourke Second Image"). Metadata for this Image
identifiedthe foregoing Image title and Pellegrin as its author, and recited the following
copyright notice: Paolo Pellegrin/ Magnum Photos. The metadata also includedthe following
detailed information for Magnum Photos: "Contact: New York :
photography@magnumphotos.com Paris : magnum@magnumphotos.fr London :

magnum@magnumphotos.co.uk Tokyo : tokyo@magnumphotos.co.jp, New York : +1 212 929
6000 Paris: + 33 1 53 42 50 00 London: + 44 20 7490 1771 Tokyo: + 813 3219 0771,
http://www.magnumphotos.com/Archive/C.aspx?VP3=ViewBox VPage&IID=2TYRYDP9
FV41&CT=Image&IT=ZoomImage01 VForm".
d. "GB. ENGLAND. London. Spanish actress Penelope CRUZ. 2008." (the

"Penelope Cruz Image"). Metadata for this Image identified the foregoing Image title and
Pellegrin as its author, and recited the following copyright notice: Paolo Pellegrin / Magnum
Photos. The metadata also included the following detailed information for Magnum Photos:
"Contact: New York photography@magnumphotos.com Paris : magnum@magnumphotos.fr
London : magnum@magnumphotos.co.uk Tokyo : tokyo@magnumphotos.co.ip. New York : +1
212 929 6000 Paris: + 33 1 53 42 50 00 London: + 44 20 7490 1771 Tokyo: + 813 3219 0771,
http://www.magnumphotos.com/Archive/C.aspx?VP3=ViewBox VPage&IID=2TYRYDP9
X8P7&CT=Image&IT=ZoomImage01 VForm".
Page 5 of 15
11. Pellegrin is the sole author of each of the Images. For all times relevant to this
action, Pellegrin owns and has owned all copyright rights in and to each of the respective Images
since their creation. Each of the Images is original to Pellegrin, is a proper subject of protection
under the U.S. Copyright Act, and is protected internationally by valid and subsisting copyright
rights.
12. For all times relevant to this action, Pellegrin has appointed Magnum Photos as
the exclusive licensing agent and administrator for all copyright rights in and to the Images. As
such, Magnum Photos has standing and is entitled to institute and maintain this action. 17 U.S.C.
501(b).
13. Each of the Images was first published, with Pellegrin's authorization, as part of a
feature titled "Great Performers'", which appeared in the February 8, 2009 print issue of The
New York Times Magazine, and which was and is hosted on the Internet by The New York Times
at the following uniform resource locator ("URL"):
http://www.nytimes.com/packages/html/magazine/20090205-great-performers/.
14. An application to register U.S. copyright rights in and to the Images is pending
with the U.S. Copyright Office since its filing on November 12, 2014.
Defendants and Their Unauthorized Uses of Pellegrin's Images

15. Celebitchy operates the www.Celebitchy.com website (the "Website"). The
Website's content primarily is directed to celebrity gossip. On information and belief, Celebitchy
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relies on its Members, employees and/or independent contractors to write, edit, select and
publish the Website's content.
16. In 2013, Pellegrin and Magnum Photos discovered that on February 18, 2009,
Celebitchy published on its Website an article titled"Mickey Rourke: 'my dogs saved mefrom
committing suicide'; Loki Passes'", which reproduced, publicly displayed, transmitted and used
the Mickey Rourke Second Image. The photographs appearing at the bottom of the article are
prefaced with the following text: "File photos of Rourke out with one of his dogs, thought to be
Loki, thanks to WENN. Frontpage [sic] image from the NY Times." Attached as Exhibit A to
this Complaint is a screen print copy of this article.
17. In 2013, Pellegrin and Magnum Photos discovered that on February 9, 2009,
Celebitchy published on its Website an article titled "Extraordinary NYT Great Performers
photo series", which reproduced, publicly displayed, transmitted and used without authorization
the Brad Pitt Image, the Penelope Cruz Image, and the Mickey Rourke First Image. This
Celebitchy article states in pertinent part: "We're featuring a few photos here, with apologies to
Pellgrin [sic] and the NY Times [...]," which Defendants knew they had used without
authorization. Attached as Exhibit B to this Complaint is a screen print copy of this article. (For
the Court's convenience, Magnum Photos has added the red text boxes to highlight the
appearance of Pellegrin's Images.)
18. Neither Pellegrin, Magnum Photos, nor anyone else authorized to grant rights to
the Images granted Defendants any rights to use such Images.
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19. Celebitchy is well aware of the importance of copyright rights concerning its
operation of the Website. The Website footer recites Celebitchy's prominent copyrightnotice:
Copyright 2006 - 2014, Celebitchy, LLC (the "Celebitchy Copyright Notice"). The Website
also recites that "we believe in crediting information and licensing picture sources".1
20. Notwithstanding Celebitchy's stated philosophy of licensing picture sources, its
knowledge and assertion of copyrightrights, and its sophistication as a media industry

participant having operated the Website since at least as early as February 2006, Defendants still
disregarded Pellegrin's exclusive copyright rights for its own commercial gain.
21. Magnum Photos (via legal counsel) tried in good faith to resolve Defendants'
violations of rights in the Images with Celebitchy but was unsuccessful. Magnum Photos now
brings this action to remedy Defendants' wrongful acts.
FIRST CLAIM FOR RELIEF
Copyright Infringement
As against all Defendants
22. Magnum Photos repeats and realleges the allegations set forth in the previous
paragraphs of this Complaint as if fully set forth herein.
23. Without authorization or consent, Defendants reproduced, publicly displayed,

distributed, transmitted and otherwise used the Images on the Website.
See http://www.celebitchy.com/contact/
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24. On information and belief, Defendants knew that they did not possess any rights
to use the Images on the Website or otherwise.
25. There is no question that Celebitchy is a commercial endeavor. Its Website
routinely features prominent third party advertising from advertisers such as Citibank, American
Apparel, Verizon, Microsoft, Staples, Solar City, State Farm Insurance, Fekkai, and the Preferred
Hotel Group.
26. The Website's use of Pellegrin's compelling photographic Images enhanced the
Website visitors' interest in the Website's content.
27. On information and belief, Defendants have received substantial benefits from
their unauthorized reproduction, public display, distribution, transmission and uses of the
Images, including the attraction, promotion and support of Internet visitor traffic to the Website.
28. On information and belief, Defendants performed their wrongful acts willfully
and knowingly, with intentional disregard for the exclusive copyright rights in and to the Images,
and for the purposes of trade and profit, including by means of the sale of advertising services,
and also by means of attracting, promoting and supporting Internet visitor traffic to the Website.
29. Magnum Photos has been damaged by Defendants' unauthorized uses of the
Images, including without limitation in the forms of diversion of trade, loss of profits, dilution of
the value of rights in the Images, and erosion of the market value of the Images, in an amount to
be determined at trial.
30. Among other relief, such wrongful conduct entitles Magnum Photos to an award
of actual damages suffered as a result of such infringement, plus Defendants' additional profits
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attributable to such infringement, in an amount to be determined at trial, plus recovery ofits

costs. 17 U.S.C. 504(a)(1) and 505.
SECOND CLAIM FOR RELIEF
Secondary Copyright Infringement
32. On information and belief, Defendants knew and hoped that Internet visitors
would take, reproduce, transmit, distribute, publicly display, and proliferate the Images without
authorization or consent.
33. Just as newspaper and periodical publishers seek to increase their print circulation
and readership, and just as radio and television broadcasters stations seek to increase their
audiences, Internetwebsite operators seek to increase and lengthen user visits. Doing so enables
a website operator to grow the value of the website as an asset, charge higher rates for its online
advertising services, and command a broader audience to expose to its views.
34. As further proof of Defendants' intent to proliferate the Images without
authorization or consent, Defendants also included adjacentto the Images the sharing and
retransmitting functions for third party Internet social media services Facebook and Twitter,
which Internet users use to reproduce and proliferate images and other content across the
Internet.
Page 10 of 15
35. An image that "goes viral" (i.e., Internet users view the image and transmit it via
their electronic social media networks and contacts to others, who then also view it and
retransmit it to their electronic social media networks and contacts, and so on) is problematic for
an image owner or rights administrator policing unauthorized third party uses. Much like the
spread of a viral contagion, an image "gone viral" replicates and proliferates copyright
infringement across the Internet to more and more Internet users at an accelerating rate. Such
proliferation drives more Internet users to the Website, increasing the Website's page views
count and its value to Defendants and their advertisers. But such proliferation also devalues
exclusive copyright rights in and to the infringed Images and substantially increases Magnum
Photos' rights policing and enforcement burdens.
36. On information and belief, because Defendants contributed to and induced third
person infringement of the Images and knew or should have known of such infringement, they
are liable for contributory infringement of the Images.
37. On information and belief, because Defendants had the right and ability to control
third person use of the Website and also benefitted commercially from third party unauthorized
uses of the Images, they also are liable for vicarious infringement of the Images.
of actual damages suffered as a result of such infringement, plus Defendants' additional profits
attributable to such infringement, in an amount to be determined at trial, plus recovery of its
costs. 17 U.S.C. 504(a)(1) and 505.
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THIRD CLAIM FOR RELIEF
Provision and Distribution of False Copyright Management Information (CMI)
40. On information and belief, with the intent to induce, enable, facilitate and/or
conceal infringement, Defendants excluded the Image titles, copyright notice, and rights
administrator contact information, and instead applied without authorization or consent or other
right the Celebitchy Copyright Notice to the footer of each page of the Website displaying the
Images.
41. On information and belief, with the intent to induce, enable, facilitate and/or
conceal infringement, Defendants omittedthe CMI for the Images and instead applied their own
CMI, including the Celebitchy Copyright Notice, without authorization or consent. The
Celebitchy Copyright Notice, which appears at the footer of each Website page using an Image,
conveys falsely that Celebitchy owns the Images or has the right to use and permit others to use
them, none of which is true.
42. Defendants provided and distributed false CMI with their unauthorized
reproduction, public display, distribution, transmission and uses of the Images.

43. On information and belief, with the intent to induce, enable, facilitate or conceal
copyright infringement, Defendants knowingly provided and distributed false CMI when they
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applied their own CMI to the Images (for example, the Celebitchy Copyright Notice), in
violation of 17 U.S.C. 1202(a).
44. On information and belief, knowing or having reasonable grounds to know that
Celebitchy would induce, enable, facilitate or conceal infringement of exclusive rights under
Title 17 U.S.C, Defendants (1) intentionally removed or altered CMI for the Images, (2)
provided false CMI for the Images (for example, by providing the Celebitchy Copyright Notice
without authorization and consent), (3) distributed false CMI for the Images without due
authority; and (4) distributed and publicly performed and displayed copies of the Images with
false CMI without due authority, all in violation of 17 U.S.C. 1202(b)(1), (2) and (3).
45. Such wrongful conduct damaged Magnum Photos in an amount to be determined
at trial.
of actual damages suffered due to such violations, plus Defendants' additional profits attributable
to the CMI violations (17 U.S.C. 1202(b)(3) and 1202(c)(2)), or if and as Magnum Photos
opts in its sole discretion, statutory damages in an amount of $25,000 per CMI violation (17
U.S.C. 1203(c)(3)(b)), plus a reasonable attorney's fee and costs (17 U.S.C. 1203(b)(4) and
(5))-
Prayer for Relief
WHEREFORE, Magnum Photos respectfully requests judgment against each of the

Defendants as follows:
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a. declaring Defendants liable for direct infringement of the exclusive

copyright rights in and to the Images;
b. declaring Defendants liable for contributory and vicarious infringement of

the exclusive copyright rights in and to the Images;
c. declaring Defendants liable for removal or alteration of CMI for the Images
and for provision and distribution of false CMI for the Images;
d. enjoining Defendants from unauthorized reproduction, public display,
distribution and other uses ofthe Images, from removing oraltering CMI for the Images,
and from providing and distributing false CMI for the Images;
e. for Defendants' direct, contributory andvicarious copyright infringement,
awarding Magnum Photos monetary damages in an amount equal to actual damages and
Defendants' additional profits attributable to such infringement, in an amountto be
determined at trial (17 U.S.C. 504(a)(1)), plus costs (17 U.S.C. 505);
f. for Defendants' CMI violations, awarding Magnum Photos monetary

damages in an amount equal to its actual damages and Defendants' additional profits
attributable to such CMI violations, in an amount to be determined at trial (17 U.S.C.
1202(b)(3) and 1202(c)(2)), or if and as Magnum Photos opts in its sole discretion,
statutory damages in an amount of $25,000 per CMI violation (17 U.S.C. 1203(c)(3)(b)),
plus a reasonable attorney's fee and costs (17 U.S.C. 1203(b)(4) and (5));
g. compelling Defendants to account to Magnum Photos for all profits,
income, receipts and other benefits derived by them from the reproduction, distribution,
Page 14 of 15
transmission, public display, promotion, and sale of products, services and media that
infringe copyright rights in and to the Images (17 U.S.C. 504(a)(1) and 501(b));
h. compelling Defendants to account to Magnum Photos for all profits,
income, receipts and other benefits derived by them from their removal or alteration of
CMI for the Images, and from their provision and distribution offalse CMI for the Images
(17 U.S.C. 1203(b)(3) and 1202(c)(2)); and
i.
awarding Magnum Photos such other and further relief as the Court deems
just and proper.
Dated: New York, New York
Respectfully submitted,
November 17,2014
R. Bressler (JB8780)
Brewer Law PLLC
3WeX^ Street, 9th Floor

New York, NY 10001
Tel: (917) 969-4343

Fax:(917)591-7111
Counselfor Plaintiff
Magnum Photos, Inc.
Page 15 of 15
EXHIBIT A
'Cele|bitchy| Mickey Rourke: 'my dogs saved me from committing suicide'; Loki passes
that he was suicidal at one point during his 14-year-long
downward spiral. Now Rourke is a::v:ery-reiaf:-pG's.itiQn:ta-'W:i^.lne

Best Actor Oscar. But win or lose, Rourke still has his beloved
dogs - he was even photographed with them for the New York
Times "Great Performers" photo series. People has more:
Mickey Rourke, who thanked his dogs during his Golden Globes
best actor acceptance speech, says his pooches received a
shout-out for one simple reason: They were there for him during
his darkest hour more than a decade ago.
"I sort of self-destructed and everything came out about
fourteen years ago or so ... the wife had left, the career was
over, the money was not an ounce," Rourke, 56, reveals during
the Oscar night edition of The Barbara Walters Special, of which
PEOPLE has an exclusive preview. "The dogs were there when
no one else was there."
But the star of The Wrestler says his split from ex-wife, actress-
model Carre Otis, 40, further exacerbated his personal turmoil.

"What happened was, I was not in a really good place in my
head and my heart, and I think when the wife left, it all came
down and I didn't want to be here."
But when asked by Walters if, at the time, he was suicidal,

Rourke said, "Look, there's always a weak way out. I've always
known that. Yeah, I didn't want to be here, but I didn't want to
kill myself. I just wanted to push a button and disappear."

And at the point, Rourke turned to his dogs.
"I think I hadn't left the house for four or five months, and I was
sitting in the closet, sleeping in the closet for some reason, and
I was in a bad place, and I just remember I was thinking, xOh,
man, if I do this,' " he tells Walters. "And then I looked at my
dog, Lowjack, and he made a sound, like a little almost human
sound. I don't have kids, the dogs became everything to me.

The dog was looking at me going, 'Who's going to take care of
me?' "
From People
I'll admit that simply reading this has me choked up. If you've
ever been in a bad place, and you're sitting beside your dog and
he just looks at you with calm, understanding eyes, you totally

know what Rourke is talking about. Dogs really do know! They
comprehend when their pack leader is in a rough state, and they
respond with compassion. God, I love dogs. And Mickey Rourke.
I was ambivalent before, but now I really hope he wins. Dog
htrp://www.celebitchy.corn/36924/mickey_rourke_my_dogs_saved_me_rrom_comrmîng_suicide_loki_passes/[15/07/2014 17:04:33]
Cele|bitchy| Mickey Rourke: 'my dogs saved me from committing suicide'; Loki passes
lovers, get behind Rourke!

Note by Celebitchy: Mickey Rourke's beloved chihuahua Loki Kas
passed away at the age of 18. He was a cherished dog and was
often seen out with the Oscar-nominated actor. Our thoughts are
with Rourke at this tough time. It is heartbreaking to lose a pet
and we know how much Rourke loved that dog.
File photos of Rourke out with one of his dogs, thought to be Loki, thanks to WENN.
Frontpage image from the NY Times.
Mickey Rourke Second Image
http://www.celebitchy.corr^36924/mickey_roiu:ke_my_dogs_saved_me_from_corrmiitting_suicide_loki_passes/[15/07/2014 17:04:33]
3ele|bitchy | Mickey Rourke: 'my dogssavedme from committing suicide'; Lokipasses

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Mickey Rourke: 'my dogs saved

me from committing suicide';
Loki passes
February 18,2009
By Kaiser
Mickey Rourke, Pets
It'll
htrp://www.celebitchy.coiW36924/mickey_rourke_my_dogs_saved_me_from_cornmitting_suicide_loki_passes/[15/07/2014 17:04:33]
tele|bitchy | Mickey Rourke: 'my dogssavedme from committing suicide'; Lokipasses
Mickey Rourke is thanking his dogs again. When Rourke won his
Golden Globe for Best Actor (for his performance in The
Wrestler), he gave a very special shout-out to his dogs saying

"I'd like to thank all my dogs. The ones that are here, the ones
that aren't here anymore because sometimes when a man's
alone, that's all you got is your dog. And they've meant the
world to me." And thus, every dog lover in America started

rooting for Mickey Rourke's comeback.
Rourke is one of the Oscar nominees who is interviewed by

Barbara Walters for her annual Oscar special. People magazine
has early details of the interview, including Rourke's admission
http://www.celebitchy.com/36924/mickey_rourke_my_dogs_saved_me_from_committing_suicide_loki_passes/[15/07/2014 17:04:33]
'Cele|bitchy| Mickey Rourke: 'my dogs saved me from committing suicide'; Loki passes
that he was suicidal at one point during his 14-year-long
downward spiral. Now Rourke is a very regl position to win the

Best Actor Oscar. But win or lose, Rourke still has his beloved
dogs - he was even photographed with them for the New York
Times "Great Performers" photo series. People has more:
Mickey Rourke, who thanked his dogs during his Golden Globes
best actor acceptance speech, says his pooches received a
shout-out for one simple reason: They were there for him during
his darkest hour more than a decade ago.
"I sort of self-destructed and everything came out about
fourteen years ago or so ... the wife had left, the career was
over, the money was not an ounce," Rourke, 56, reveals during
the Oscar night edition of The Barbara Walters Special, of which
PEOPLE has an exclusive preview. "The dogs were there when

no one else was there."
But the star of The Wrestler says his split from ex-wife, actressmodel Carre Otis, 40, further exacerbated his personal turmoil.
"What happened was, I was not in a really good place in my

head and my heart, and I think when the wife left, it all came
down and I didn't want to be here."
But when asked by Walters if, at the time, he was suicidal,
Rourke said, "Look, there's always a weak way out. I've always
known that. Yeah, I didn't want to be here, but I didn't want to
kill myself. I just wanted to push a button and disappear."

And at the point, Rourke turned to his dogs.
"I think I hadn't left the house for four or five months, and I was
sitting in the closet, sleeping in the closet for some reason, and
I was in a bad place, and I just remember I was thinking, vOh,
man, if I do this,' " he tells Walters. "And then I looked at my
dog, Lowjack, and he made a sound, like a little almost human
sound. I don't have kids, the dogs became everything to me.

The dog was looking at me going, 'Who's going to take care of
me?' "
From People
I'll admit that simply reading this has me choked up. If you've
ever been in a bad place, and you're sitting beside your dog and
he just looks at you with calm, understanding eyes, you totally
know what Rourke is talking about. Dogs really do know! They
comprehend when their pack leader is in a rough state, and they
respond with compassion. God, I love dogs. And Mickey Rourke.
I was ambivalent before, but now I really hope he wins. Dog
http://www.celebitchy.com/36924/mickey_rourke_my_dogs_saved_me_from_committing_suicide_loki_passes/[15/07/2014 17:04:33]
Cele|bitchy | Mickey Rourke: 'my dogs saved me from committing suicide'; Loki passes
lovers, get behind Rourke!
Note by Celebitchy: Mickey Rourke's beloved chihuahua Loki has

passed away at the age of 18. He was a cherished dog and was
often seen out with the Oscar-nominated actor. Our thoughts are
with Rourke at this tough time. It is heartbreaking to lose a pet

and we know how much Rourke loved that dog.
File photos of Rourke out with one of his dogs, thought to be Loki, thanks to WENN.
Frontpage image from the NY Times.
Mickey Rourke Second Image
http://www.celebitchy.com/36924/mickey_rourke_my_dogs_saved_me_from_corrunitting_suicide_loki_passes/[l 5/07/2014 17:04:33]
"Cele|bitchy | Mickey Rourke: 'my dogs savedme from committing suicide'; Lokipasses
Next Post
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By Kaiser
Mickey Rourke, Pets
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32 RESPONSES TO "MICKEY ROURKE: 'MY DOGS SAVED ME FROM
COMMITTING SUICIDE'; LOKI PASSES"
Comments are Closed

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barneslr says:
February 18, 2009 at 1:53

pm
Not a fan, but I agree that pets can be very therapeutic. Who
else can you unload all of your problems on and KNOW that
your secrets will be safe?
http://www.celebitchy.com/36924/mickey_rourke_my_dogs_saved_me_from_committing_suicide_loki_passes/fl5/07/2014 17:04:33]
Cele|bitchy | Mickey Rourke: 'my dogs saved me from committing suicide'; Loki passes
I know when I fell in December and sprained my ankle, my cat
was all over me for the first couple of days when I was in a lot
of pain. It was like he was trying to take care of me (I know,

I'm anthropomorphizing here, but that's how it seemed). He
stayed by my side.
Now I have a hernia that I need surgery for, and that cat has
been my shadow since the pain started-just constantly by my

side, following me everywhere in the house. I think pets just
know when something is not right and they, on their own level,
want to bring some comfort to their humans.
So, not a fan of Rourke's, but I think anyone who loves animals
so much has to have some good in them, even if it isn't
immediately apparent to me.
Report this comment as spam or abuse
CB Rawks Says:

pm
He was married to that girl from that weird Wild Orchid film?
Ick.
cb Rawks says:

pm
Very sad about the dog.

Chiara says:

pm
I believe he's had as many as eight dogs, rescues. He wasn't
able to sleep alone in his own bed until he had his little family
of pooches to curl up with.
He must be feeling very sad at the moment.
5.
Jen SaVS:

pm
Well, I'm sitting here a big ol' blubbery mess right now. I've
been in that place where your dogs are all that get you
through, and I've been through the heartache and grief of
losing a beloved dog, too. My heart goes out to him, it really
does. Mickey's had such a rough couple of *decades* and for
him to be so honest about his struggle, and to be so
appreciative of his re-found success is truly heartwarming.

I hope to hell he wins...but even more, I hope he continues on
this path of success.
snappyfish says:

pm
poor Loki, but 18 is an amazing life for a dog. I saw milk & the
"Cele|bitchy | Mickey Rourke: 'my dogs saved me from committing suicide'; Loki passes
wrestler and if the academy votes for BEST performance....

Mickey wins.
Penn was great but Roarke was brilliant.
geronimo says:
pm
That's so sad about Loki, that will hit him hard. Very moving
interview, his honestly and self-awareness and respect for
what the dogs gave him is very touching.
@barneslr - so true, very similar experiences with dogs. They

just know.
PinkPee says:
pm
@snappyfish - You are right, Loki did have a long life. Mickey
seems like a great dog owner. I'm sorry for his loss.
daisy424 says:
pm
Well written Kaiser, I couldn't agree with you more

My pups give me unconditional love, even when I have crazy
bed-head, sleepy eyes and morning breath.
The fact that Loki lived so long is a testament to Rourke as a
great pet owner.
10.
cara says:
pm
My animals are more "people" then the humans I know! They're

much more honest and real"er".
My best wishes to Mickey as he gets through this.

1.
Roma says:

pm
My dog was a young puppy when I broke up with my husband.

One time after I had fallen asleep sobbing, I awoke to all of
her toys piled on my bed around my head. She must have
brought them to me one at a time, hoping that they'd make
me feel better. I've since gone through the breakup of another
long term relationship, and she just laid by my feet for the few
weeks I didn't want to leave the couch.
Dogs just know. I can't imagine how sad Mickey must be

feeling.
http://wvAV.celebitchy.com/36924/mickey_rourke_my_dogs_saved_me_from_committing_suicide_loki_passes/fl5/07/2014 17:04:33]
*Cele|bitchy| Mickey Rourke: 'my dogs saved me from committing suicide'; Loki passes
dare says:
12.

pm
My sympathies to Mickey.
ii3.
Nony says:

pm
I've been there, but it was a horse. *sniffle*

barneslr Says:
14.

pm
Roma, that is such a sweet story...what a great dog...and a

great dog mom you must be for your pup to love you so much!
Baholicious Says:
15.
ft:

pm
Roma, that is such a touching story, thank-you because it made

my day!
16.
maxi says:

pm
all the posts from animal lovers who KNOW for a fact that their
pet has taken care of them at one time or another are making
me cry because i have had the same thing happen to me.
when my big black cat named fudge crawled up on my chest
and put both his paws on each side of my face it was to
comfort me. i have taken in so many helpless animals and
there is no better feeling in the world than to see them
respond to true love and respect from a human. LONG LIVE
ALL THE LOKIs OUT THERE! (i also have an old black cat we
found years ago my son named loki...its a small world), i am
truly sorry mickey, more of your love to share with your other
dogs tho.
17.
maxi says:

pm
i forgot to say thanx for -all- the rourke/loki pix you included.
1|8.
codziiia says:

pm
Roma: What a wonderful story!
*Cele|bitchy | Mickey Rourke: 'my dogs saved me from committing suicide'; Loki passes
Mickey: Hang in there. Loki will be there when you take the big
prize you so richly deserve on Sunday.
19.
i-
o^wc
Jacqueline Says:
'
'
pm
this is a truly moving account; poor ol Mickey- I do so hope he

finds love again soon with someone genuine. The pictures are
great, thanks, and it's good to see one of Mickey without the
dark glasses- still those Mickey-eyes! Who would have ever
thought that the hearthrob could have become so lonely and in
despair.
Yeh, where would we be without our pet/s especially when

we're beat. I cant keep a pet nowadays cos I can't bear it
when they die !!
20.
-:m Says.
caucgeronimo

pm
@Roma - so sweet and touching, your puppy story- Give her a

big fat kiss from me!
21.
doodahs Says:

pm
I'm so sad for him (and those of you who have shared your
loss/animal comfort stories). I couldn't live a day without my
animals. I actually love him more for taking responsibility of
his life enough to know that without him, the dogs he rescued
would be without stability again. I don't think it's an
exaggeration to say that by him saving their lives, they saved

his.
22.
BluePlanet Says:

pm
Anyone who loves animals that much is a decent human being

in my books.
And kudos to the dogs for being good pals

33.
Elanenergy Says:

pm
This just breaks my heart. I so, so, so understand the

unconditional love of animals, and how they can save a person.
Little Loki's passing is so sad. I hope Mickey wins the

Oscar....as weird as he has seemed, his story just melts my
heart and what a redemption story it would be if he took home

the statue on Sunday night. For Loki!!!
http://www.celebitchy.com/36924/mickey_rourke_my_dogs_saved_me_from_coinmitting_suicide_loki_passes/fl5/07/2014 17:04:33]
24.
Roma says:
Februarv 18' 2009 at 9:1

pm
Awww, thank you for all the kind words towards my dog! She is
the sweetest thing in my life... and this makes me want Mickey
to win the Oscar even more.
25.
February 19, 2009 at 12:06
stellapurdy says:
am
I can't imagine a life without dogs. I have two that sat beside
me when I curled up into a ball with a bottle tequila after
finding out about my exes affair.
I'm sorry for Mickey's loss, he must be so sad.
I'm off to hug my pups right now...
26.
Ruffian9 says:

am
Not a fan of MR in general, but am a huge fan of those who

cherish their pets(the anti-Paris Hilton approach, if you will).
Kudos to Mickey, a heaven-hug for Loki.
27.
MonicaBee Says:

am
I haven't seen a MR movie in years and years and years (if
ever?!), but I've heard some great stuff about what's out now.
I can definitely sympathize with the rest of you (and MR) about
losing a pet. My pets are the only kids I have (and they're the
only kids I will EVER have), and as such, they're my life.
My rottweiler is a registered pet therapy dog. It's shocking to

see how much of an impact an animal makes on some people.
We visit an old folks home, and some of those people are
unresponsive... until my dog walks up. Then they reach down

to pet him. It's some bittersweetness, that's for sure.
28.
cb Rawks says:

am
Such lovely stories of pets looking after you.

I have that too actually. If I am ever crying my cat runs over
to me and jumps into my lap and makes lots of little *burrrr*
noises and rubs her face on mine. It's such a comfort.
And to tell a tale of heroism, once a wasp cornered me in the
garden, and I was frozen with fear and it was hovering right in
front of my face,
and then suddenly my (previous) cat came flying through the
air and fwapped it with her paw, and it died!

So awesome!
I was hugging and kissing her and she just looked mildly
'Cele|bitchy | Mickey Rourke: 'my dogs saved me from committing suicide'; Loki passes
annoyed.
#
"Let go of me, Mum."
29.
says:
am
That is so sweet. I completely understand that scenario, my
dog kept me from doing so many horrible things to myself as a

teenager.
30.
yasmin says:
am
Awwwwwwwwwww.... Ive always felt impartial to Mickey but
the way he is holding that dog in those pics... melts my heart!

You can tell he really loves them, he is so gentle with that
cutie which I am assuming is Loki. RIP Loki <3
31.
Kat SaVS:
February 19, 2009 at 12:15

pm
Used to have a cat, who could not stand crying. Would run up
in that person's face and bite them on the nose. I know it

stopped me from crying, more than once.
32.
barneslr says:

pm
He would bite them on the nose? That's hilarious (unless you
are the one getting bitten, I guess!).

Ah, what would we do without our furbabies?
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Extraordinary NYT Great
Performers photo series

February 09, 2009
By Celebitchy
Photos
Brad Pitt Image
Thanks so much to Kaiser for directing me to a beautiful-'series
of photos featured in the NYTinjesSunday Magazine and

available online called "The Great Performers" series. Italian
http://www.celebitchy.com/35349/extraordinary_nyt_great_performers_photo_series/fl5/07/2014 17:08:08]
"Cele|bitchy| ExtraordinaryNYT Great Performers photo series
photographer Paolo Pellgrin captured mostly Oscar nominees in

everyday moments and the results are both unguarded and
moving. I'm not a skilled photographer and I don't have a great
eye for these things but these are some of the loveliest photos
I've ever seen of celebrities. The slideshow online is
accompanied by commentary from NYT Magazine editor Lynn

Hirschberg and is highly worth a view and listen. We're featuring
a few photos here, with apologies to Pellgrin and the NY Times,
and there are many more available online. The article notes that
they tried to show celebrities in their element and in my opinion

the photos succeed beyond any I've seen in a long time.
Hirschberg's commentary is both insightful and revealing of the
personalities behind the famous faces:
Here are some highlights of the slideshow commentary:
Kate Winslet, genuine "What [Pellegrin] was trying to achieve

in these photographs was a kind of emotional truth that you
can't achieve... with perfect hair, makeup and a stylist... there is
a quality to these pictures of being a little undone."
Frank Langella, patrician, controlled: "He looks out at the
world with a kind of patrician gaze. At least on the surface he
seems to be performing. Which is interesting when... you watch
him because he rarely seems unguarded. He almost seems as if
he's playing the character of Frank Langella, which is a very

imposing character."
Robert Downey Jr., comfortable and relaxed: "An amazing

year... he went from [someone people] had kind of written off to
being the biggest star in America, and justifiably so.... Of all the
people we photographed... Robert Downey Jr. was by far the
most comfortable in front of the camera."
Sean Penn, unguarded at home: "The Sean Penn that's out in
the world... has a kind of Brando-like intensity. He's very very

conscious of how his face looks when it's photographed. Which
isn't to say he's vain... he's one of the few actors who will not
allow himself to be styled... but at the same time he's very

conscious of what it is to be on camera... When he's home,
that's immediately gone, that disappears."

Brad Pitt, hounded: "Perhaps the most photographed person in
the world right now... He wanted to go out on his motorcycle...

He has to be followed by a [security] van... while Pellegrin was
photographing him on the bike, his bike broke. Immediately
Brad Pitt was besieged by paparazzi and he turned toward
[Pellegrin] and said 'Now you see what my life is like.' The
challenge in this portfolio was trying to capture [him] in a way

that [he] had not been captured, as Brad Pitt rather than
"Cele|bitchy | Extraordinary NYT Great Performers photo series
Brangelina or this persona... or any number of ways that he has

been characterized by the public."
Penelope Cruz, conscious of her image: "Was very self
conscious about the idea of us shooting [a dance rehearsal for
her film Nine] because it was not perfect."
Mickey Rourke, loves his dog Loki: "The comeback story of

2008.... The Wrestler kind of mirrored his own story... he was
traveling... with his beloved Chihuahu Loki. I believe he's only
gone four days of Loki's life without being with Loki."
[Transcribed from NY Times Magazine editor Lynn Hirschberg's

audio commentary, available online]
The only question I have is why Kat Dennings of Nick and Nora's
Infinite Playlist was included among this roster of Oscar
Nominees. She's a beautiful subject but she's just an up and

coming actress included among older veterans, all of whom are
nominated this year. Hirschberg explained "We try and spotlight

individuals who are not as well known, and this year, that is Kat
Dennings... she still lives with her parents in a carriage house
behind their house. She doesn't know how to drive... she has the
qualities of being both a very young girl and very sophisticated

at the same time. She's not an actress who is trying to be seen
by the tabloids." Now that the NY Times has decided spotlight

her, she'll definitely get more opportunities than by hitting the
clubs and behaving badly.
' Cele|bitchy | Extraordinary NYT Great Performers photo series
Penelope Cruz Image
Mickey Rourke First Image
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10 RESPONSES TO "EXTRAORDINARY NYT GREAT PERFORMERS
PHOTO SERIES"
Comments are Closed

We close comments on older posts to fight comment spam.
meme says:

pm
kat dennings? are you kidding me? in the same breath as Sean
Penn , Mickey and RDJ. puhleeze, bitch.
Ash says:

pm
the picture of Rourke with his dog is a little creepy

maxi says:

pm
thanx for including the pic of mickey rourke, i loves it

geronimo says:

pm
These are fab, great energy and use of light in them.
Particularly like the one of Penn through the car window and
the one of Mickey on the stairs.
Kaiser Says:

pm
I really like the Penelope Cruz ones.

6.
ebgirl Says:
pm
What a great series. Thanks for posting this

silentA says:
pm
I love Mickey Rourke and his dogs.
I love that suck an intense guy has this tiny fragile dog that he
loves to pieces.
silentA says:
pm
such**
Ned Says:

Rm
is
year.
It was like he was in a completely different league of acting.

10.
Orangejulius says:

pm
The photo of Mickey Rourke on the stairs with the dog is

touching. The best shot of the lot.
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Magnum Photos v. Celebitchy - Mickey Rourke Photo Complaint PDF

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a^ v,v

CIVIL COVER SHEET

MAGNUM PHOTOS, INC.

CELEBITCHY LLC and DOES 1-10

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER

ATTORNEYS (IF KNOWN)

BRESSLER LAW PLLC

3 WEST 35TH ST., 9TH FL

NEW YORK, NY 10001 tel: (917) 969-4343

ISTHISAN INTERNATIONAL ARBITRATION CASE?

Yes Q] If yes, give date

(PLACE ANM INONEBOX ONLY)

| I 365 PERSONAL INJURY

( ] 368 ASBESTOS PERSONAL

[ ] 385 PROPERTY DAMAGE

| ) 710 FAIR LABOR

ACTIONS UNDER STATUTES

[ J440 OTHER CIVIL RIGHTS

[ J445 AMERICANS WITH

IXl 820 COPYRIGHTS

( ] 380 OTHER PERSONAL

I ) 362 PERSONAL INJURY

| ] 463 ALIEN DETAINEE

| ) 360 OTHER PERSONAL

( ) 370 OTHER FRAUD

1 J 375 FALSE CLAIMS

ENCED & CORRUPT

| J 350 MOTOR VEHICLE

I ] 320 ASSAULT, LIBEL &

ACTIONS UNDER STATUTES

( J 890 OTHER STATUTORY

[ ] 740 RAILWAY LABOR ACT

[ ] 530 HABEAS CORPUS

[ I 790 OTHER LABOR

j j540 MANDAMUS &OTHER

( | 791 EMPL RET INC

| ] 891 AGRICULTURAL ACTS

( | 870 TAXES (U.S. Plaintiff or

PRISONER CIVIL RIGHTS

( | 465 OTHER IMMIGRATION

APPEAL OF AGENCY OECISION

[ 1446 AMERICANS WITH

[ IUNDER FRC p'23ACLASS ACT'permanent

Check YES onlyifdemandedincomplaint

JURY DEMAND: DYES ["NO

I I 5 Transferred from Q 6 Multidistrict

2 U.S. DEFENDANT [x] 3 FEDERAL QUESTION

(U.S. NOT A PARTY)

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)

CITIZEN OF ANOTHER STATE [ ) 2

INCORPORATED or PRINCIPAL PLACE

INCORPORATED and PRINCIPAL PLACE

OF BUSINESS IN ANOTHER STATE

OF BUSINESS IN THIS STATE

PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)

MAGNUM PHOTOS, INC.

NEW YORK, NY 10001

1201 ORANGE ST., STE 600

THIS ACTION SHOULD BE ASSIGNED TO:

ADMITTED TOPRACTICE IN THIS DISTRICT

[Xj YES (DATE ADMITTED Mo. May

Magistrate Judge is to be designated by the Clerk of the Cot|r}i,