Você está na página 1de 39

CIVIL COVER SHEET

JS 44C/SDNY
REV. 7/2012

The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of

pleadings or other papers as required by law, except as provided by local rules ofcourt. This form, approved bythe
Judicial Conferenceof the United States in September 1974, is required for use of the Clerkof Courtforthe purpose of
initiating the civil docket sheet.
DEFENDANTS

PLAINTIFFS

i/vU ^

Eric Johnson

Steed Media Group,

15 CV 1356

ATTORNEYS (IF KNOWN)

ATTORNEYS (FIRM NAME,ADDRESS, AND TELEPHONE NUMBER


Alexander Mafbin, Esq. & Edmttnd J. Ferdinand,<lll, Esq.
Ferdinand IP, LLC
125 Park Avenue, 25th Floor, New York, NY 10017
(212) 520-4296

CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OF CAUSE)
(DONOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

Direct and secondary copyright infringement in violation of 17 U.S.C. 501 et seq.

Has this or a similar case

been previously filed inSDNY at anytime? No

If yes, was this case Vol.

I | Invol. Q Dismissed NoQ Yes

IS THIS AN INTERNATIONAL ARBITRATION CASE?

No

[*

Yes

^3 Judge Previously Assigned

Ifyes, dive date

Yes D

ACTIONS UNDER STATUTES

TORTS

[
[
[
[

] 110
]120
1130
1140

[]150

[ ]151
[1152

PERSONAL INJURY
INSURANCE
MARINE

[ ]310 AIRPLANE
[ ] 315 AIRPLANE PRODUCT
LIABILITY

MILLER ACT

NEGOTIABLE

[ ] 320 ASSAULT, LIBEL &

INSTRUMENT
RECOVERY OF

[ ] 330 FEDERAL

SLANDER

OVERPAYMENT &

EMPLOYERS'

ENFORCEMENT
OF JUDGMENT
MEDICARE ACT
RECOVERY OF
DEFAULTED

LIABILITY

STUDENT LOANS

[ ] 340 MARINE
[ ) 345 MARINE PRODUCT
LIABILITY

[ ] 350 MOTOR VEHICLE


[ ]355 MOTOR VEHICLE

(EXCL VETERANS)
[]153

[]160

RECOVERY OF
OVERPAYMENT
OF VETERAN'S

PERSONAL INJURY

[ ] 362

PRODUCT LIABILITY

[ ] 368

[1610
[ ] 620

AGRICULTURE
OTHER FOOD &

[ ]400 STATE

DRUG

[ ] 423 WITHDRAWAL

[]625

INJURY PRODUCT
LIABILITY

PERSONAL PROPERTY

[ ] 370 OTHER FRAUD


[ ] 371 TRUTH IN LENDING
[ ] 380 OTHER PERSONAL

[
[
[
[

] 630
] 640
]650
]660

[ ]690

DRUG RELATED
SEIZURE OF
PROPERTY
21 USC 881
LIQUOR LAWS
RR & TRUCK
AIRLINE REGS

OCCUPATIONAL
SAFETY/HEALTH

PRODUCT LIABILITY

INJURY

LABOR

STOCKHOLDERS
SUITS

[]720

STANDARDS ACT
LABOR/MGMT

OTHER

PRISONER PETITIONS

CONTRACT
CONTRACT

[ ]510

REAL PROPERTY

[ ] 441 VOTING
[ ] 442 EMPLOYMENT
[ ] 443 HOUSING/

MOTIONS TO

LAND

[ ] 444 WELFARE
[ ] 445 AMERICANS WITH

RENT LEASE &

[ ]240
[]245

EJECTMENT
TORTS TO LAND
TORT PRODUCT

[ ]290

LIABILITY
ALL OTHER

DISABILITIES EMPLOYMENT

ENCED & CORRUPT


ORGANIZATION ACT

(RICO)
[]480
[ ]490
11810
[ ]850

[
[
[
[
[

]861
] 862
] 863
] 864
] 865

HIA(1395ff)
BLACK LUNG (923)
DIWC/DIWW (405(g))
SSID TITLE XVI
RSI (405(g))

LABOR/MGMT
REPORTING &
RAILWAY LABOR ACT
OTHER LABOR

LITIGATION
EMPL RET INC

SECURITY ACT

CONSUMER CREDIT
CABLE/SATELLITE TV
SELECTIVE SERVICE
SECURITIES/
COMMODITIES/
EXCHANGE

[]875 CUSTOMER
CHALLENGE
12 USC 3410

[ I 890 OTHER STATUTORY


ACTIONS

FEDERAL TAX SUITS

[]891 AGRICULTURAL ACTS


[ 1892 ECONOMIC
STABILIZATION ACT

DISCLOSURE ACT

VACATE SENTENCE

20 USC 2255
[]740
[]790
[ ] 530 HABEAS CORPUS
[ ] 535 DEATH PENALTY
[ ] 540 MANDAMUS& OTHER [)791

[ ]870 TAXES (U.S. Plaintiff or


Defendant)
[ ] 871 IRS-THIRD PARTY

[ ]893 ENVIRONMENTAL
MATTERS

[]894

ENERGY

ALLOCATION ACT

26 USC 7609

[ ]895

FREEDOM OF

[ ]900

APPEAL OF FEE

INFORMATION ACT
IMMIGRATION

ACCOMMODATIONS
CONDEMNATION
FORECLOSURE

[ ] 830 PATENT
[ ] 840 TRADEMARK

RELATIONS

[ ]730

CIVIL RIGHTS

PROPERTY RIGHTS

ftJ820 COPYRIGHTS

SOCIAL SECURITY

FAIR LABOR

ACTIONS UNDER STATUTES

28 USC 157

[]410 ANTITRUST
[]430 BANKS & BANKING
[ 1450 COMMERCE
[ ]460 DEPORTATION
[]470 RACKETEER INFLU

[ ] 385 PROPERTY DAMAGE

[]710

PRODUCT
LIABILITY

REAPPORTIONMENT

28 USC 158

OTHER

PROPERTY DAMAGE

[J 190

[ 1210

OTHER STATUTES

ASBESTOS PERSONAL

[ ]195

[ ]220
[ ]230

BANKRUPTCY

[ ] 422 APPEAL

[ ] 365 PERSONAL INJURY

PRODUCT LIABILITY

[ ] 360 OTHER PERSONAL

PERSONAL INJURY MED MALPRACTICE

FORFEITURE/PENALTY

BENEFITS

[]196 FRANCHISE

JS 3 -) i mk

NATURE OF SUIT

(PLACE AN [x] IN ONE BOX ONLY)

CONTRACT

& Case No.

DETERMINATION
UNDER EQUAL

PRISONER CIVIL RIGHTS

[]462

[ ] 550 CIVIL RIGHTS


[ ] 555 PRISON CONDITION

[]463

[ ] 446 AMERICANS WITH


[]465

DISABILITIES -OTHER

[ ] 440 OTHER CIVIL RIGHTS


(Non-Prisoner)

NATURALIZATION

ACCESS TO JUSTICE

APPLICATION
HABEAS CORPUSALIEN DETAINEE

[ )950 CONSTITUTIONALITY
OF STATE STATUTES

OTHER IMMIGRATION

ACTIONS

REAL PROPERTY

Check if demanded in complaint:


CHECK IF THIS IS A CLASS ACTION
UNDER F.R.C.P. 23

DEMAND $_

OTHER

DO YOU CLAIM THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.?
IF SO, STATE:

JUDGE

DOCKET NUMBER

Check YES only if demanded in complaint

JURY DEMAND: H YES NO

NOTE: Please submit at the time of filing an explanation of why cases are deemed related.

(PLACE AN x IN ONE BOX ONLY)

M 1 Original

ORIGIN

Q 3 Remanded D 4 Reinstated or

fj 2 Removed from

Proceeding

state Court

from

I | 3. all parties represented

O 5 Transferred from 6 Multidistrict

7 Appeal toDistrict
Judge from
Magistrate Judge
Judgment

Litigation

(Specify District)

Reopened

Appellate
Court

I | b. At leastone
party is pro se.

(PLACE AN x IN ONE BOX ONLY)

1US PLAINTIFF

IF DIVERSITY, INDICATE

BASIS OF JURISDICTION

D2 U.S. DEFENDANT M 3 FEDERAL QUESTION

CITIZENSHIP BELOW.

Q4 DIVERSITY

(U.S. NOT A PARTY)

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)


(Placean [X] inone boxfor Plaintiff and one boxfor Defendant)
PTF

DEF

PTF

DEF

CITIZEN OF THIS STATE

[ ]1

[ ]1

CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY

[]3 [ ]3

CITIZEN OF ANOTHER STATE

[ ]2

[ ]2

INCORPORATED or PRINCIPAL PLACE

[ ]4 [ ]4

INCORPORATED and PRINCIPAL PLACE

PTF

DEF

[ ]5

[ ]5

[16

[]6

OF BUSINESS IN ANOTHER STATE


FOREIGN NATION

OF BUSINESS IN THIS STATE

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


Eric Johnson

472 Ninth Avenue, #3


New York, NY 10018

New York County, New York


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

Steed Media Group, Inc.


770 English Avenue NW
Atlanta, GA 30318
Fulton County, Georgia
DEFENDANT(S)ADDRESS UNKNOWN
REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAINTHE
RESIDENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

Checkone:

THIS ACTION SHOULD BE ASSIGNED TO:

WHITE PLAINS

M MANHATTAN

(DO NOT check either box ifthis a PRISONER PETITION/PRISONER CIVIL RIGHTS COMPLAINT.)

DATE 02/24/2015 SIGNATURE OF ATTORNEYJOF RECORD

ADMITTED TO PRACTICE IN THIS DISTRICT

[] NO
M YES (DATE ADMITTED Mo.
RECEIPT*

Magistrate Judge is to be designated by the Clerk of the Court.

yi 5

Magistrate Judge
Ruby J. Krajick, Clerk of Court by

01

Attorney Bar Code # AM9385

^"j*
is so Designated.

Deputy Clerk, DATED.

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

Yr.J013_,

EdmundJ. Ferdinand, III, Esq. (EF9885)


Alexander R. Malbin, Esq. (AM9385)
FERDINAND IP, LLC

125 Park Avenue, 25th Floor


New York, NY 10017

(212) 520-4296

15 CV 1356

Attorney for Plaintiff


ERIC JOHNSON

UNITED STATES DISTRICT COURT


fl**** cft
FOR THE SOUTHERN DISTRICT OF NEW YORK JUL'^ ~

ERIC JOHNSON,

Plaintiff,

- against -

Civil Action No.


<.--, "n

STEED MEDIA GROUP, INC.,

COMPLAINT

Defendant.

JURY TRIAL DEMANDED

COMPLAINT

Mr. Eric Johnson (hereinafter "Plaintiff), by and through his undersigned counsel, for

his Complaint against Steed Media Group ("Defendant"), states and alleges as follows:
THE PARTIES

1.

Plaintiff Eric Johnson is a citizen of the State ofNew York, County ofNew York,

with his principal place ofbusiness at 472 9th Avenue, Apt. #3, New York, New York, 10018
2.

Upon information and belief, Defendant Steed Media Group ("Defendant") is a

Georgia corporation with its principal place of business in Atlanta, Georgia and with offices in
New York, New York and around the United States.

JURISDICTION AND VENUE

3.

This is an action for copyright infringement arising under the Copyright Act of

1976, as amended, 17 U.S.C. 101 et seq. (the "Copyright Act"). This action arises from
Defendant's unauthorized and unlawful reproduction, distribution, and public display of certain

copyrighted photographs owned by Plaintiff, and causing, inducing, and/or materially


contributing to further unauthorized and unlawful use of such photographs, in willful
infringement of Plaintiff s U.S. Copyright Registrations, Registration Nos. VA 1-910-544 and
VA 1-929-530.x

4.

This Court has subject matter jurisdiction pursuant to 17 U.S.C. 501 and 28

U.S.C. 1331 and 1338(a).

5.

This Court has personal jurisdiction over Defendant because Defendant engages

in continuous and systematic business activities in the State of New York and/or has purposely
directed substantial activities at the residents of New York by means of the web site described
herein and derives substantial revenue from interstate commerce. This Court also has personal

jurisdiction over Defendants pursuant to the long-arm statute of New York because the causes of
action alleged herein arise from transactions of business carried out by Defendants in this State
and/or from transactions of business to supply goods or services in this State carried out by
Defendants and/or from tortious acts causing injury to person and/or property within this State.

C.P.L.R. 302; see Penguin Group (USA) Inc. v. Am. Buddha, 16 N.Y.3d 295 (2011).
6.

Venue is proper under 28 U.S.C. 1391(a)(2) because Defendant does business in

this Judicial District and/or because a substantial part of the events giving rise to the causes of

Copies of the Certificates of Registration are attached hereto at Exhibit 1.

action alleged herein occurred in this Judicial District, and the injury suffered by Plaintiff took
place in this Judicial District.
FACTUAL ALLEGATIONS

A.
PLAINTIFF AND HIS ORIGINAL CREATION AND USE OF HIS
COPYRIGHTED PHOTOGRAPHS OF AALIYAH AND THE NOTORIOUS B.I.G. &
FAITH EVANS

7.

Plaintiff, Eric Johnson, is a successful, award-winning professional photographer

and artist. He is a citizen of the State of New York and resides in the Borough of Manhattan.

8.

One focus of Plaintiff s work is photographic portraiture. Plaintiff has been

producing iconic photographic portraits of a wide, diverse group of musicians, artists, and
celebrities for over twenty-five years. His photographs have been published in countless books,
magazines, newspapers and periodicals, used as cover artwork for music albums, and shown in
gallery shows. Many of his more well-known portraits have become truly etched into the public
consciousness.

9.

Plaintiff is the legal and beneficial owner of a vast number of his original

photographs, certain of which he licenses and/or sells, and many of which he has not licensed or

sold and instead maintains in his private personal archive. Plaintiff has invested significant time,
money, resources and manpower over his distinguished and longstanding career in building and
maintaining his personal photograph archive.

10.

In July 1995, Plaintiff shot a series of photographs of the rapper and recording

artist The Notorious B.I.G. and his wife, recording artist Faith Evans (the "BIG/Evans

Photographs").2

The certificate of copyright registration covering the BIG/Evans Photographs (U.S. Reg. No. VA 1-929-530),
which identifies Plaintiff as author and copyright claimant, is attached hereto at Exhibit 1.

11.

In June 2001, Plaintiff shot a series of photographic portraits of the R&B

recording artist and actress Aaliyah (the "Aaliyah Photographs").3


12.

Certain of Plaintiff s BIG/Evans Photographs and Aaliyah Photographs have

come to define the enduring images of the late recording artists The Notorious B.I.G. and
Aaliyah among the public and their devoted fans.
B.

THE DEFENDANT AND ITS BUSINESS OPERATIONS

13.

Upon information and belief, Defendant, Steed Media Group, Inc., is a print and

new media publishing company which claims to distribute the nation's largest chain of AfricanAmerican newspapers. Upon information and belief, Defendant publishes a print edition of its
publication, titled "Rolling Out," and distributes 1.2 million copies thereof each week in 19 of
the top 25 African-American markets. Upon information and belief, over 90,000 copies of

Defendant's "Rolling Out" print publication are distributed in New York City each week.
14.

Upon information and belief, at all times relevant to this dispute, Defendant has

owned and/or operated the web site www.rollingout.com (the "Website").


15.

Upon information and belief, the Website is Defendant's successful online

publishing outlet, which entertains over 150,000 unique visitors each month with, inter alia,
celebrity, music, lifestyle, and gossip articles.
16.

Upon information and belief, Defendant is the registered owner and operator of

the Website and is responsible for all of the content that appears thereon.
17.

Upon information and belief, Defendant takes an active role in selecting content

to appear on the Website by, inter alia, selecting, copying, posting, and publicly displaying
photographic images thereon, and employing moderators and administrators ("Employees") who,

The certificate of copyright registration covering the Aaliyah Photographs (U.S. Reg. No. VA 1-910-554), which
identifies Plaintiff as author and copyright claimant, is attached hereto at Exhibit 1.

within the scope of their employment, select and control the content (including photographic
images) displayed on the Website.

18.

Upon information and belief,the Website is monetized in that it displays paid

advertisements and markets the goods and services of Defendant to the public, including to

persons located in the State of New York. Upon information and belief, Defendant profits from
its operation of the Website.

19.

Upon information and belief, Defendant provides technological means on the

Website by which third parties who access the Website can reproduce and/or distribute content
thereon, including photographic images.
C.

DEFENDANT'S INFRINGEMENTS OF PLAINTIFF'S PHOTOGRAPHS

20.

Without valid license or permission or authorization from Plaintiff, Defendant has

willfully infringed and contributed to further infringements of Plaintiffs copyrights in and to at


least one of the BIG/Evans Photographs and at least five of the Aaliyah Photographs by

reproducing, distributing, publicly displaying, and making available for further reproduction,
distribution and public display, such photographs on the Website. Attached hereto at Exhibit 2
are true and correct copies of printouts of web pages on the Website showing Defendant's

infringing uses of one of the BIG/Evans Photographs and five of the Aaliyah Photographs, and,
at Exhibit 3, reproductions of Plaintiff s infringed photographs. Each of the printouts of the
Website attached at Exhibit 2 shows an exact copy of one of Plaintiff s original BIG/Evans
Photographs or Aaliyah Photographs attached at Exhibit 3.
21.

Specifically (as evidenced by the dates identified in the Website printouts

attached hereto at Exhibit 2), Defendant commenced seven separate and distinct infringing uses
of one of the BIG/Evans Photographs on or about September 5, 2012, October 8, 2012, October

29, 2012, October 31,2012, January 18,2013, November 27,2013, and October 18, 2014, and
Defendant commenced five separate and distinct infringing uses of five of the Aaliyah

Photographs on or about April 27, 2012, January 16, 2013, May 23, 2014, May 26, 2014, and
June 23, 2014.

22.

Upon information and belief, the infringing copies of Plaintiff s photographs

displayed on the Website were posted thereon by Defendant and/or Defendant's Employees
acting within the scope of their employment with Defendant. None of the infringing copies of
the BIG/Evans Photographs or the Aaliyah Photographs were posted on the Website at the
direction of a "user" as defined under 17 U.S.C. 512.

23.

Upon information and belief, Defendant purposely posted certain of the

BIG/Evans Photographs and Aaliyah Photographs on the Website with knowledge of their

renown among the public and the devoted fans of The Notorious B.I.G. and Aaliyah, with the
intention of attracting web visitor traffic to the Website by their visibility thereon, thereby
increasing advertising revenues and sales of its goods and services.
24.

Upon information and belief, Defendant has driven significant traffic to the

Website by the presence of Plaintiff s photographs thereon. The increased traffic to the Website

has led to the generation of substantial revenues for Defendant directly attributable to its
infringements of Plaintiff s copyrights.
25.

Upon information and belief, Defendant is a recidivist copyright infringer, having

been sued for copyright infringement on the basis of unauthorized use of photographs on the
Website at least four times since 2012.

26.

Plaintiff, through undersigned counsel, has sought to resolve Defendant's

infringements by making numerous cease-and-desist demands to Defendant (and/or its counsel

of record in its two current litigation defenses) over many months, beginning in June 2014.
However, neither Defendant nor its counsel has responded to any of our communications in any

manner, and the infringing copies of Plaintiff s photographs remain publicly displayed and
available for further reproduction and distribution on the Website to this day. Furthermore,
Defendant commenced no fewer than two of its infringing uses of Plaintiff s photographs

subsequent to being put on notice of its infringements by undersigned counsel, in brazen


disregard for Plaintiffs rights and copyright interests. Accordingly, Plaintiff requires this
Court's intervention to put a stop to Defendant's continued willful infringements of his
copyrights and vindicate his legal rights under the Copyright Act.
27.

Plaintiff has complied in all respects with Title 17 of the United States Code,

secured the exclusive rights and privileges to the BIG/Evans Photographs and the Aaliyah

Photographs, and obtained the appropriate certificates of copyright registration, U.S. Copyright
Reg. Nos. VA 1-910-544 and VA 1-929-530 (attached hereto at Exhibit 1).

28.

Upon information and belief, Defendant has engaged in the infringing acts

forming the basis of this Complaint knowingly of, and with reckless disregard for, Plaintiffs

rights in the Photographs, and were aware and/or should have been aware that its infringing
activities constitute infringements under the Copyright Laws of the United States.

29.

Upon information and belief, Defendant has engaged in its illicit reproduction,

distribution and public display of Plaintiffs photographs infringing activities for the purpose of
profiting therefrom.
30.

Upon information and belief, at all times material hereto, Defendant has had the

means and ability to stop the reproduction, distribution, and public display of Plaintiff s
copyrighted photographs, on the Website and, despite being repeatedly put on notice of the

infringing nature ofthe copies ofPlaintiffs photographs displayed on the Website, has failed to
do so.

31.

As a result of Defendant's willful misconduct described herein, Plaintiff has been

substantially harmed.

32.

Plaintiffhas no adequate remedy at law. Defendants' infringing acts as described

above have caused and, if not enjoined, will continue to cause irreparable harm to Plaintiff.
FIRST COUNT

(Direct Copyright Infringement)

33.

Plaintiffrepeats and reincorporates the allegations contained in the preceding

paragraphs as though set forth in full herein.


34.

At all times herein, Plaintiff has been and is still the owner, and proprietor of all

right, title and interest in and to the BIG/Evans Photographs and the Aaliyah Photographs. The
BIG/Evans Photographs and the Aaliyah Photographs are original, creative works of Plaintiff s
authorship and constitute copyrightable subject matter under the CopyrightAct.
35.

Plaintiff has complied in all respects with the Copyright Act's prerequisites for a

copyright infringement action, including obtaining certificates of copyright registration from the
Copyright Office covering each of the infringed photographs (attached hereto at Exhibit 1).
36.

Defendant has not obtained valid license, authorization or permission to use any

of the BIG/Evans Photographs or the Aaliyah Photographs in any manner, and Plaintiff has not

assigned any of his exclusive rights in his copyrights in the BIG/Evans Photographs or the
Aaliyah Photographs to Defendant.

37.

Without permission or authorization from Plaintiff and in willful violation of his

rights under 17 U.S.C 106, Defendantimproperly and illegally copied, reproduced, distributed,

and publicly displayed certain of Plaintiffs copyright-protected BIG/Evans Photographs and


Aaliyah Photographs on the Website.
38.

Defendant's use of the BIG/Evans Photographs and the Aaliyah Photographs on

the Website as set forth in this Complaint violates Plaintiffs exclusive rights under the

Copyright Act and constitute willful infringement of Plaintiff s copyrights.


39.

Upon information and belief, thousands of people throughout the United States

have viewed the infringing copies of the BIG/Evans Photographs and the Aaliyah Photographs
on the Website.

40.

Upon information and belief, Defendant has knowledge of the copyright

infringements alleged herein, and has knowingly and willfully carried out its infringing activities,
continue to do so to this day despite being repeatedly put on notice of its infringements, and will
continue to do so unless enjoined by this Court.

41.

As a direct and proximate result of Defendant's misconduct, Plaintiff has been

substantially harmed in an amount to be proven at trial.


SECOND COUNT

(Inducement of Copyright Infringement)

42.

Plaintiff repeats and reincorporates the allegations contained in the preceding

paragraphs as though set forth in full herein.


43.

Individuals using the Website that Defendant owns, operates, distributes, and

promotes, have been provided with technological means to directly infringe and are directly
infringing Plaintiffs copyrights in the BIG/Evans Photographs and the Aaliyah Photographs by

creating and distributing unauthorized reproductions thereof on social media providers including
Facebook, Twitter, and Tumblr.

44.

Defendant's infringing activities have been willful, intentional, purposeful, and in

complete disregard ofPlaintiffsrights, and has caused substantial damage to Plaintiff.


45.

As adirect and proximate result of Defendant's infringing activities, Plaintiffhas

been substantially harmed in an amount to be proven at trial.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests judgment asfollows:

1.

That the Court enter ajudgment finding that Defendant has directly infringed and

induced others to infringe Plaintiffs U.S. Copyright Reg. Nos. VA 1-910-544 and VA 1-929530 in violation of17 U.S.C. 501 et seq. and award damages and monetary and injunctive
relief as follows:

a.

Statutory damages pursuant to 17 U.S.C. 504(c) in the amount of$150,000 per


infringed work or, in the alternative, Plaintiffs actual damages and disgorgement
of Defendant's wrongful profits in amounts to beproven attrial;

b.

Apermanent injunction pursuant to 17 U.S.C. 502 enjoining Defendant from


directly or indirectly infringing Plaintiffs U.S. Copyright Reg. Nos. VA 1-910544 and VA 1-929-530; and,

c.
2.

Plaintiffs attorneys' fees and costs pursuant to 17 U.S.C. 505; and,

Such other and further reliefthatthe Court determines is just and proper.
JURY DEMAND

Plaintiffdemands a trial by jury on all counts so triable.

10

Dated: February 24, 2015

Respectfully submitted,

Alexander Malbin, Esq. (AM 9385)


Edmund J. Ferdinand, III, Esq. (EF 9885)
FERDINAND IP, LLC

125 ParkAvenue, 25th Floor


New York, NY 10017

Telephone: (212) 520-4296


Fax: (203) 905-6747
Email: amalbin@24iplg.com

Attorney for Plaintiff


ERIC JOHNSON

11

EXHIBIT 1

Certificate of Registration
Th!> Certificate is-nuvJ umici she sea! of (he Copvnviht
Orticc in accorJana: with Mil '~ ! 'rrtctiM-ilc< Cede.

attests thai reuistration ha:- r>-n made !ov 'he work


wkrHiii-rd below. ! hi.- iishinn.'lion on this cenitkate has

htvii 'Tusdc a pan .-.; 'ik Coryi^'nf uvii.Y u^onis.

Registration Number

VA 1-910-544
Effective date of

registration:
December 9,2013

Title

Title of Work: Aaliyah photograph collection

Completion/Publication
Year of Completion:
Date of 1st Publication:

2001
June 7,2001

Nation of 1st Publication: United States

Author
Author:

Author Created:
Citizen of:

Eric Johnson

photograph(s)
United States

Copyright claimant
Copyright Claimant: Eric Johnson

472 Ninth Avenue, Apt. #3,New York, NY, 10018, United States

Rights and Permissions


Name:

Alex Malbin

Email:

alexigeric-johnson.com

Name:

Alexander Malbin

Date:

December 9, 2013

Certification

Correspondence: Yes

Page 1 of 1

^ertiicate.;rf:feistf^ioii^
Ml. Eertifate issued wilte^SealoftheC^Jvrlgfet
,e toaccordance with; title t% United SMes Code,

^lS<^.

.(identified tebm.The: mfcmwtion osthis rtlorte has

:feB>jfca p*rtofthe Copff%lstOffice scoirds,

Registration Number

mi-929-530
Elfecttvedateof

gistratioa;

Register ofCopyrights, United States ofAmerica

Title

October!, 2014

:
:
!

TitleofWork: The Notorious BAG. and Faith Evans ptotograph collection

Completion/Publication
YearofCoBJptetton: 1995
Dttt* of IstPuWMtton: July25,199$

Nation of istFubMcatioii: United States

Airtrior
'.:' Author! ;; Eric Johnson'"
Author Created: photog
Work made for hire!

No

Citizen oft United States

Copyright claimant
Copyright Claimant: EricJohnson
472Ninth Avenue, NewYork, NY, 10018, Uflited States

Certification
'Namel'i: Alex.Malbin \;
:':-JJfRv: October2,2014;

Page 1 of 1

EXHIBIT 2

1/21/15, 9:04 PM

Faith reveals whatshe didn't know about Biggie and Lil Kim - Rolling Out

THE E^afs
m^mmmx*

MUSIC(HTTP://ROLUNGOUT.COM/CATEGORY/MUSIC/)

Faith reveals what she didn't

know about Biggie and Lil Kim


OCT 18,201411:32 AM

BY STEREO WILLIAMS (http://R0LLING0UT.COM/AUTH0R/STERE0-WILLIAMS/)

EntirelyPets.com "* Z<


1-800-889-8967

f
SHARE

FEATURED NOW
*

TLC launches Kickstarter campaign for final

TWEET

album, raise surprising amount

PIN

(http://rollingout.com/music/tlc-launcheskickstarter-campaign-final-album-raisesurprising-amount/)

Highlights of President Barack Obama's State


of the Union address

(http://rollingout.com/politics/highlights(http://rollingout.com/wp-content/uploads/2014/10/notorious-bigand-faith-evans.png)

president-barack-obama-state-unionaddress/)

Faith Evans and the Notorious B.I.G.were a high-profile couple in

hip-hopcircles during the mid-1990s. Thebrief-but-tumultuous


marriage has been the subject of endless rumors and speculation, but
Faith recently spoke aboutone major roadblock to her "happily ever
after" withBiggie: Lil Kim. B.I.G. and Kim had a well-documented
bond and Kim was one of several women that Biggie kept romantic

Delta Sigma Theta kicks out all Deltas on


'Sorority Sisters'

(http://rollingout.com/entertainment/delta-

sigma-theta-kicks-deltas-sorority-sisters/)

ties with duringhis marriage to Faith.Butdespite the high publicity

http://rollingout.com/music/faith-reveals-didnt-know-biggie-lil-kim/

Page 1 of 7

1/23/2015

Aaliyah biopic to reveal her alleged affair with R. Kelly

ENTERTAINMENT (HTTP://ROLLINGOUT.COM/CATEGORY/ENTERTAINMENT/)
W^/*MWZ&//&WltW^J^/W*^XMlt

%^/y/?7rie*w//ysjwww//'>t^'WMM*t^y'^^

Aaliyah biopic to reveal her alleged


affair with R. Kelly
OJUN 23,2014 7:21 AM

BY A.R. SHAW (HnP://R0LUNG0UT.C0M/AUTH0R/AMIR-SHAW-2-2/)

http://rollingout.com/entertainment/aaliyah-biopic-reveal-alleged-affair-r-kelly/

1/18

1/23/2015

Aaliyah biopic to reveal her alleged affair with R. Kelly

(http://rollingout.com/wp-content/iip1oads/2014/01/aalivahl.ipg)

An upcoming biopic with Aaliyah will delve into her alleged affair with R. Kelly. According to
a report by the New York Post, the film will reveal details of their relationship.

http://rollingout.com/entertainment/aaliyah-biopic-reveal-alleged-affair-r-kelly/

2/18

2/5/2015

Celebrities rumored toplay Aaliyah inVH1 biopic - Rolling Out

M0VIES(HTTP://R0LLING0UT.C0M/CATEG0RY/M0VIES/)
&/^!&&>iri!w/mt&^'&&w4iii*^^

Celebrities rumored to play Aaliyah


in VH1 biopic
MAY 26,201411:07 AM

BY RUU HAWKINS (http://R0LLING0UT.COM/AUTH0R/RUTHIE-HAWKINS/)

http://rollingout.com/movies/will-play-aaIiyah-vhl-biopic-top-5-picks/

1/18

2/5/2015

Celebrities rumored to play Aaliyah inVHl biopic - Rolling Out

(http://rollingout.com/wp-content/uploads/2014/01/aaliyahl2.jpg)
With VHl in the works on an epic Aaliyah (http://rollingout.com/movies/aaliyah-biopic-

coming-vhl/) biopic, fans are weighing in on whom they feel should take on the role of the
legendary singer.

While there has been no official report as to who VHl has locked in, several celebrity names
have been thrown into the mix as possible picks poised to play the late and great "Rock the
Boat" singer.

Hit the flip for celebrities rumored to play Aaliyah intheir upcoming biopic. Who would you
http://rollingout.com/movies/will-play-aaliyah-vhl-biopic-top-5-picks/

2/18

1/21/15, 9:13 PM

Aaliyah movies Archives - Rolling Out

R*aWeMuWto*Piife

Aaliyah movies
threatens to

TV

(HTTP://ROLLINGOUT
OJUN18.2014
e? SHARE

>

^Mwpiug on LiLifetime biopic


(http://rollingout.com/tv/aaliyahs
family-attempts-stop-

production-lifetime-biopic/)
Zendaya Coleman maynot get to playher dream
role after all. Just days after Lifetime announced
that they had

(http://rollingout.com/tv/aaliyahs-family-attempts-

by Ruu Hawkins (http://rollingout.com/author/ruthie-

stop-production-lifetime-biopic/)

hawkins/)

mored to play
-nnml biopic

MOVIES

(HnP://RO LLINGOUT.CO
MAY26,2014
& SHARE

(http://rollingout.com/movies/will
play-aaliyah-vhl-biopic-top5-picks/)
With VHl in the works on an epic Aaliyah biopic,

fans are weighing in on whomthey feel should take

by Ruu Hawkins (http://rollingout.com/author/ruthie-

(http://rollingout.com/movies/will-play-aaliyah-

hawkins/)

vhl-biopic-top-5-picks/)

http://rollingout.com/tag/aaliyah-movies/

Page 1 of 2

1/21/15,9:13 PM

Aaliyah movies Archives - Rolling Out

MOVIES

(HTTP://R0LLING0UT.C0lM
MAY 23,2014
OSHARE

wp^8 produce Aa|jyah

(http://rollingout.com/movies/aaliy
biopic-coming-vhl/)
(http://rollingout.com/movies/aaliyah-biopicVH1 to release Aaliyah biopic this summer Last fall,

coming-vhl/)

Aaliyah's uncle and former manager, Barry


Hankerson had the Web going

by Ruu Hawkins (http://rollingout.com/author/ruthiehawkins/)

1(https://www.facebook.com/rollingout) * (https://twitter.com/rollingout) (http://www.pinterest.com/rollingout) S


(http://instagram.com/rollingout) R\ (http://feeds.feedburner.com/rollingout)
Rolling Out

,. .
. ,
http://rollingout.com/tag/aahyah-movies/

Page 2 of 2

1/21/15, 8:59 PM

Manila Luzon talks life after boyfriend Sahara Davenport's death - Rolling Out

ReaiMcMuffin'Wcby:<amadalakld

'"

ENTERTAINMENT(HnP://ROLLINGOUT.COM/CATEGORY/ENTERTAINMENT/)

Manila Luzon talks life after

CHARGES YOUR SOU

boyfriend Sahara Davenport's


death
NOV 27,2013 8:44AM

BY NICHOLAS ROBINSON (http://R0LLING0UT.COM/AUTH0R/NICH0LAS-R0BINS0N/)


FEATURED NOW

TLC launches Kickstarter campaign for final

SHARE

album, raise surprising amount

(http://rollingout.com/music/tlc-launches-

TWEET

kickstarter-campaign-final-album-raise@ PIN

surprising-amount/)

Highlights of President Barack Obama's State


of the Union address

(http://rollingout.com/politics/highlights-

president-barack-obama-state-unionFaith Evans

address/)
R&B star Faith Evans lost her husband, hip-hop legend The
Notorious B.I.G., in 1997,during a drive-by shooting.

Delta Sigma Theta kicks out all Deltas on


'Sorority Sisters'

(http://rollingout.com/entertainment/delta-

Pages: 1(http://rollingout.com/entertainment/manila-luzon-talks-

sigma-theta-kicks-deltas-sorority-sisters/)

life-boyfriend-sahara-davenports-death/) 2 3

(http://rollingout.com/entertainment/manila-luzon-talks-life-

http://rollingout.eom/entertainment/manila-luzon-talks-life-boyfriend-sahara-davenports-death/2/

Page 1 of 7

Chilli's finally over Usher? 10 ofurban music's most famous failed couples

2/5/2015

MUSIC (HTTW/ROLUNGOUT.COM/CATEGORY/MUSIC/)
WS**^S8*<!*W*<^

Chilli's finally over Usher? 10 of


urban music's most famous failed
couples
JAN 18,201312:05 PM

BY STEREO WILLIAMS (http://R0LLING0UT.COM/AUTH0R/STERE0-WILLIAMS/)

http://rollingout.com/music/chillis-finally-over-usher-who-are-urban-musics-most-famous-failed-couples/10/

1/18

1/23/2015

Happy Birthday, Aaliyah: 10 reasons to celebrate her musical legacy

MUSIC(HTTP://ROLLINGOUT.COM/CATEGORY/MUSIC/)

Happy Birthday, Aaliyah: 10 reasons


to celebrate her musical legacy
O JAN 16,201312:07 PM

BY STEREO WILLIAMS (http://R0LLING0UT.COM/AUTH0R/STERE0-WILLIAMS/)

(http://rollingout.com/music/happy-birthday-aaliyah-10-reasons-to-celebrate-hermusical-legacy/attachment/aaliyah-10/)

http://rollingout.com/music/happy-birthday-aaliyah-10-reasons-to-celebrate-her-musical-legacy/

1/19

1/21/15, 9:00 PM

Kendrick Lamar Reveals Crush onBrandy Debuts High On Billboard Charts

MUSIC(HnP://ROLLINGOUT.COM/CATEGORY/MUSIC/)
E5 YOUR SOU1

Kendrick Lamar Reveals Crush

on Brandy, Debuts High on


Billboard Charts
toyota

Pfaces

OCT 31,2012 7:27 AM

BY NICHOLAS ROBINSON (HnP:||ROLLINGOUT.COM/AUTHOR|NICHOLAS-ROBINSON/)

FEATURENOW
f

TLC launches Kickstarter campaign for final

SHARE

album, raise surprising amount


*

(http://rollingout.com/music/tlc-launches-

TWEET

kickstarter-campaign-final-album-raise

PIN

surprising-amount/)

Highlights of President Barack ubama's State


of the Union address

(http://rollingout.com/politics/highlightsThe Notorious B.I.G. and Every R&B Diva

president-barack-obama-state-union-

Inthe '90s, Biggie Smalls created a song, "Dreams," about his love for
R&B divas, including Patti LaBelle, Mariah Carey, Mary J. Blige and

address/)

TLC, and he eventually married R&B divaFaith Evans.

Delta Sigma Theta kicks out all Deltas on


'Sorority Sisters'

(http://rollingout.com/entertainment/delta-

Pages: 1(http://rollingout.com/musicAendrick-lamar-reveals-crush-

sigma-theta-kicks-deltas-sorority-sisters/)

on-brandy-debuts-high-on-billboard-charts/)2

(http://rollingout.com/music/kendrick-lamar-reveals-crush-onbrandy-debuts-high-on-billboard-charts/2/)3

http://rollingout.eom/music/kendrick-lamar-reveals-crush-on-brandy-debuts-high-on-billboard-charts/6/

Page 1 of 7

Natina Reed's Ex-Boyfriend, Kurupt, Opens Up About Her Death

2/5/2015

MUSIC (HTTP://ROLUNGOUT.COM/CATEGORY|MUSIC/)
Wl!f*'*!65WiW^lMWBS4<*>W

Natina Reed's Ex-Boyfriend,


Kurupt, Opens Up About Her Death
OCT 29,20127:32 AM

BY NICHOLAS ROBINSON (http://R0LLING0UT.COM/AUTH0R/NICH0LAS-R0BINS0N/)

Faith Evans

http://rollingout.eom/music/natina-reeds-ex-boyfriend-kurupt-opens-up-about-her-death/5/

1/18

Sahara Davenport's Boyfriend, Manila Luzon, Opens UpAbout His Death

2/5/2015

ENTERTAINMENT(HTTP://ROLLINGOUT.COM/CATEGORY/ENTERTAINMENT/)
m^^iiMis^/^i4^^>ie^m'M^'/it^m

Sahara Davenport's Boyfriend,


Manila Luzon, Opens Up About His
Death
OCT 8,2012 7:56 AM

BY NICHOLAS ROBINSON (http://R0LLING0UT.COM/AUTH0R/NICH0LAS-R0BINS0N/)

http://rollingout.eom/entertainment/sahara-davenports-boyfriend-manila-luzon-opens-up-about-his-death/3/

1/18

Chris Lighty's Wife Opens Up About His Suicide

1/21/15, 9:01 PM

imam.

T U B EJIH

n rlBBWli
RealMcMuffinPlcby:

MUSiC(HTTP^/ROLLINGOUT.COM/CATEGORY/MUSIC/)

Chris Lighty's Wife Opens Up


About His Suicide
SEP5,20127:18 AM

BY NICHOLAS ROBINSON (http://R0LLING0UT.COM/AUTH0R/NICH0LAS-R0BINS0N/)

EntirelyPets.com "%< 4';


1-800-889-8967

'

SHARE

FEATURED NOW
*

TLC launches Kickstarter campaign for final

TWEET

album, raise surprising amount

PIN

(http://rollingout.com/music/tlc-launcheskickstarter-campaign-final-album-raisesurprising-amount/)
Highlights ofPresident Barack Obama's State
Faith Evans

R&B star Faith Evans lost her husband, hip-hop legend The
Notorious B.I.G., in 1997, during a drive-by shooting.

of the Unionaddress

(http://rollingout.com/politics/highlightspresident-barack-obama-state-unionaddress/)

Delta Sigma Theta kicks out all Deltas on


Pages: 1 (http://rollingout.com/music/chris-lightys-wife-opens-up-

'Sorority Sisters'

about-his-suicide/) 2 3 (http://rollingout.com/music/chris-lightyswife-opens-up-about-his-suicide/3/)4

(http://rollingout.com/entertainment/delta-

(http://rollingout.com/music/chris-lightys-wife-opens-up-about-

sigma-theta-kicks-deltas-sorority-sisters/)

his-suicide/4/) 5 (http://rollingout.com/music/chris-lightys-wife-

http://rollingout.eom/music/chris-lightys-wife-opens-up-about-his-suicide/2/

Page 1 of 6

2/5/2015

Dead Musicians Fans Most Want to See as Holograms - Rolling Out

ENTERTAINMENT (HTTP://ROLLINGOUT.COM/CATEGORY/ENTERTAINMENT/)

Dead Musicians Fans Most Want to

See as Holograms
APR 27,2012 7:24 AM

BY TERRY SHROPSHIRE (http://R0LLING0UT.COM/AUTH0R/TERRY-SHR0PSHIRE-2/)

http://rollingout.eom/entertainment/dead-musicians-fans-most-want-to-see-as-holograms/2/

1/18

EXHIBIT 3

Você também pode gostar