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`Scott Alan Burroughs (SBN 235718)
`scott@donigerlawfirm.com
`Justin M. Gomes (SBN 301793)
`jgomes@donigerlawfirm.com
`DONIGER / BURROUGHS
`603 Rose Avenue
`Venice, California 90291
`Telephone: (310) 590-1820
`Attorneys for Plaintiff
`
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`
`Case No.:
`
`PLAINTIFF’S COMPLAINT FOR
`COPYRIGHT INFRINGEMENT
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`JURY TRIAL DEMANDED
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`
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`HOWARD SCHATZ, as an individual,
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`Plaintiff,
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`
`v.
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`TURNER BROADCASTING SYSTEM,
`INC., a Georgia Corporation, individually
`and doing business as “Bleacher Report”;
`BLEACHER REPORT, INC., a Delaware
`corporation; and DOES 1-10, inclusive,
`
`
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`Defendants.
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`
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`Plaintiff, Howard Schatz, by and through his undersigned attorneys, hereby
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`prays to this honorable Court for relief based on the following:
`JURISDICTION AND VENUE
`1.
`This action arises under the Copyright Act of 1976.
`2.
` This Court has jurisdiction under 28 U.S.C. § 1331 and 1338 (a) and (b).
`3.
` Venue is proper under 28 U.S.C. § 1391(c) and 1400(a) because a substantial
`part of the acts and omissions giving rise to the claims occurred here.
`
`
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`- 1 -
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`COMPLAINT
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`Case 2:20-cv-07585 Document 1 Filed 08/20/20 Page 2 of 9 Page ID #:2
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`PARTIES
`4.
` Plaintiff is an individual residing in Los Angeles, California.
`5.
` Plaintiff is informed and believes and thereon alleges that Defendant Turner
`Broadcasting System, Inc., doing business as “Bleacher Report”, is a corporation
`organized and existing under the laws of the state of Georgia, and is doing business in
`the state of California and this district.
`6.
`Plaintiff is informed and believes and thereon alleges that Defendant Bleacher
`Report, Inc. (collectively with Turner Broadcasting System, Inc., “Bleacher Report”)
`is a corporation organized and existing under the laws of the state of Delaware, and is
`doing business in the state of California and this district.
`7.
` Defendants Does 1 through 10, inclusive, are other parties not yet identified
`who have infringed Plaintiff’s copyrights, have contributed to the infringement of
`Plaintiff’s copyrights, or have engaged in one or more of the wrongful practices
`alleged herein. Their true names, whether corporate, individual or otherwise, are
`presently unknown to Plaintiff, who therefore sues said Defendants by such fictitious
`names, and will seek leave to amend this Complaint to show their true names and
`capacities when same have been ascertained.
`8.
` Plaintiff is informed and believes and thereon alleges that at all times relevant
`hereto each of the Defendants was the agent, affiliate, officer, director, manager,
`principal, alter-ego, and/or employee of the remaining Defendants and was at all
`times acting within the scope of such agency, affiliation, alter-ego relationship and/or
`employment; and actively participated in or subsequently ratified and adopted, or
`both, each and all of the acts or conduct alleged, with full knowledge of all the facts
`and circumstances, including, but not limited to, full knowledge of each and every
`violation of Plaintiff’s rights and the damages to Plaintiff’s proximately caused
`thereby.
`
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`- 2 -
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`COMPLAINT
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`Case 2:20-cv-07585 Document 1 Filed 08/20/20 Page 3 of 9 Page ID #:3
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`
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`CLAIMS REGARDING PLAINTIFF’S SUBJECT PHOTOGRAPHY
`9.
` Schatz is an accomplished and critically acclaimed photographer. His works
`have been exhibited in museums and photography galleries internationally and are
`included in innumerable private collections. Schatz's editorial work has been
`published in magazines around the world, including Time, Sports Illustrated, Vogue,
`Vogue Italia, GQ Italia, The New York Times Magazine, The New Yorker, Stern,
`Life, Black/White, American Photo, Photo France, and Photo Italia. He has received
`international acclaim for his work and has won virtually every award in his field
`including numerous “Photographer of the Year” awards and Gold Medals in the most
`prestigious competitions. His work has been published in twenty-two monographs.
` Plaintiff created and exclusively owns the photography depicted in Exhibit A
`10.
`attached hereto. These works will be called the “Subject Photography” herein.
`11.
` Plaintiff has registered the Subject Photography with the Copyright Office.
`12.
` Defendants, and each of them, have willfully copied, reproduced, displayed,
`and distributed the Infringing Content for financial benefit and without Plaintiff’s
`consent, as seen in the screen captures and or URLs depicted in Exhibit B hereto.
`Said material will be referred to as “Infringing Content” herein.
`13.
` Plaintiff did not consent to the aforementioned use of the Subject Photography
`FIRST CLAIM FOR RELIEF
`(For Copyright Infringement – Against all Defendants, and Each)
`14.
` Plaintiff repeats, re-alleges, and incorporates herein by reference as though
`fully set forth, the allegations contained in the preceding paragraphs.
`15.
` Plaintiff alleges on information and belief that Defendants, and each of them,
`accessed the Subject Photography by without limitation, viewing the Subject
`Photography on Plaintiff’s website or social media profiles, on other sites online, or
`in physical publications. The identicality of the copying also show access.
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`- 3 -
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`COMPLAINT
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`Case 2:20-cv-07585 Document 1 Filed 08/20/20 Page 4 of 9 Page ID #:4
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`16.
` Plaintiff alleges on information and belief that Defendants, and each of them,
`copied, reproduced, displayed, and distributed the Subject Photography online as
`seen in the screen captures attached hereto as Exhibit B.
`17.
` Plaintiff alleges on information and belief that Defendants, and each of them,
`infringed Plaintiff’s copyrights by creating infringing derivative works from the
`Subject Photography and publishing same to the public.
`18.
` Due to Defendants’, and each of their, acts of infringement, Plaintiff has
`suffered general and special damages in an amount to be established at trial.
`19.
` Due to Defendants’ acts of copyright infringement as alleged herein,
`Defendants, and each of them, have obtained direct and indirect profits they would
`not otherwise have realized but for their infringement of Plaintiff’s rights in the
`Subject Photography. As such, Plaintiff is entitled to disgorgement of Defendants’
`profits directly and indirectly attributable to Defendants’ infringement of Plaintiff’s
`rights in the Subject Photography in an amount to be established at trial.
`20.
` Plaintiff alleges on information and belief that Defendants, and each of them,
`have committed acts of copyright infringement, as alleged above, which were willful,
`intentional and malicious, which further subjects Defendants, and each of them, to
`liability for statutory damages under Section 504(c)(2) of the Copyright Act in the
`sum of up to $150,000.00 per infringement and/or a preclusion from asserting certain
`equitable and other defenses.
`SECOND CLAIM FOR RELIEF
`(For Vicarious and/or Contributory Copyright Infringement – Against all Defendants,
`and Each)
`21.
` Plaintiff repeats, re-alleges, and incorporates herein by reference as though
`fully set forth, the allegations contained in the preceding paragraphs.
`22.
` Plaintiff alleges on information and belief that Defendants knowingly induced,
`participated in, aided and abetted in and profited from the illegal reproduction and
`distribution of the Subject Photography as alleged hereinabove. Such conduct
`- 4 -
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`COMPLAINT
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`Case 2:20-cv-07585 Document 1 Filed 08/20/20 Page 5 of 9 Page ID #:5
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`included, without limitation, publishing photographs obtained from third parties that
`Defendant(s) knew, or should have known, were not authorized to be published by
`Defendant(s); publishing the Infringing Content on affiliate, third-party, and social
`media sites; and distributing the Infringing Content to third-parties for further
`publication.
`23.
` Plaintiff alleges on information and belief that Defendants, and each of them,
`are vicariously liable for the infringement alleged herein because they had the right
`and ability to supervise the infringing conduct and because they had a direct financial
`interest in the infringing conduct. Specifically, Defendants, and each of them,
`received revenue in connection with the Infringing Content, and were able to
`supervise the distribution, broadcast, and publication of said content.
`24.
` By reason of the Defendants’, and each of their, acts of contributory and
`vicarious infringement as alleged above, Plaintiff has suffered general and special
`damages in an amount to be established at trial.
`25.
` Due to Defendants’ acts of copyright infringement as alleged herein,
`Defendants, and each of them, have obtained direct and indirect profits they would
`not otherwise have realized but for their infringement of Plaintiff’s rights in the
`Subject Photography. As such, Plaintiff is entitled to disgorgement of Defendants’
`profits directly and indirectly attributable to Defendants’ infringement of their rights
`in the Subject Photography, in an amount to be established at trial.
`26.
` Plaintiff alleges on information and belief that Defendants, and each of them,
`have committed acts of copyright infringement, as alleged above, which were willful,
`intentional and malicious, which further subjects Defendants, and each of them, to
`liability for statutory damages under Section 504(c)(2) of the Copyright Act in the
`sum of up to $150,000.00 per infringement and/or a preclusion from asserting certain
`equitable and other defenses.
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`COMPLAINT
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`Case 2:20-cv-07585 Document 1 Filed 08/20/20 Page 6 of 9 Page ID #:6
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`THIRD CLAIM FOR RELIEF
`(For Violations of the 17 U.S.C. §1202 – Against all Defendants, and Each))
`27.
` Plaintiff repeats, re-alleges, and incorporates herein by reference as though
`fully set forth, the allegations contained in the preceding paragraphs.
`28.
` The Subject Photography was routinely published with attribution, credit, and
`other copyright management information identifying Plaintiff as the author,
`29.
` Plaintiff alleges on information and belief that Defendants, and each of them,
`removed Plaintiff’s copyright management information, as described above, from the
`Subject Photography, and/or added false copyright management information to the
`Subject Photography, before distributing and publishing same.
`30.
` Plaintiff alleges on information and belief that Defendants, and each of them,
`distributed and published the Subject Photography on website(s), including but not
`limited those sites reflected in Exhibit A hereto bearing its own name, and removing
`Plaintiff’s attribution information, including without limitation his name.
`31.
` The aforementioned facts constitute “copyright management information” as
`that phrase is defined in 17 U.S.C. § 1202(c) and is false.
`32.
` When Defendants distributed and published the Subject Photography, they
`knowingly provided and/or distributed false copyright management information in
`violation of 17 U.S.C. § 1202(a). As a result of the foregoing, Plaintiff has been
`damaged and may recover those damages as well as Defendants’ profits, and/or
`statutory damages, and attorneys’ fees under 17 U.S.C. § 1203.
`PRAYER FOR RELIEF
`Wherefore, Plaintiff prays for judgment as follows:
`Against all Defendants, and Each, with Respect to Each Claim for Relief:
`a.
`That Defendants, and each of them, as well as their employees, agents,
`or anyone acting in concert with them, be enjoined from infringing
`Plaintiff’s copyrights in the Subject Photography, including without
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`COMPLAINT
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`Case 2:20-cv-07585 Document 1 Filed 08/20/20 Page 7 of 9 Page ID #:7
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`b.
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`c.
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`limitation an order requiring Defendants, and each of them, to remove
`any content incorporating, in whole or in part, the Subject Photography
`from any print, web, or other publication owned, operated, or controlled
`by any Defendant.
`That Plaintiff be awarded all profits of Defendants, and each of them,
`plus all losses of Plaintiff, plus any other monetary advantage gained by
`the Defendants, and each of them, through their infringement, the exact
`sum to be proven at the time of trial, and, to the extent available,
`statutory damages as available under the 17 U.S.C. § 504 and other
`applicable law.
`That a constructive trust be entered over any revenues or other proceeds
`realized by Defendants, and each of them, through their infringement of
`Plaintiff’s intellectual property rights;
`That Plaintiff be awarded his attorneys’ fees as available under the
`Copyright Act U.S.C. § 505 and/or §1203;
`That Plaintiff be awarded his costs and fees;
`That Plaintiff be awarded statutory and enhanced damages;
`That Plaintiff be awarded pre-judgment interest as allowed by law; and
`That Plaintiff be awarded further legal and equitable relief as deemed
`proper.
` Plaintiff demands a jury trial on all issues so triable pursuant to Fed. R.
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`Civ. P. 38 and the 7th Amendment to the United States Constitution.
`Respectfully submitted,
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`d.
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`d.
`e.
`f.
`h.
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`Dated: August 20, 2020
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`By: /s/ Scott Alan Burroughs
`
`Scott Alan Burroughs, Esq.
`
`Justin M. Gomes, Esq.
`
`DONIGER / BURROUGHS
`
`For the Plaintiff
`
`
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`- 7 -
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`COMPLAINT
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`Case 2:20-cv-07585 Document 1 Filed 08/20/20 Page 8 of 9 Page ID #:8
`Case 2:20-cv-07585 Document 1 Filed 08/20/20 Page 8 of 9 Page ID #:8
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`EXHIBIT A
`EXHIBIT A
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`- 8 -
`-8-
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`COMPLAINT
`COMPLAINT
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`Case 2:20-cv-07585 Document 1 Filed 08/20/20 Page 9 of 9 Page ID #:9
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`EXHIBIT B
`
`[https://bleacherreport.com/articles/324516-mark-mcgwire-steroid-admission-
`inspires-the-top-ten-craziest-before-and-after-bodies-baseball-has-ever-
`seen?comment_id=1776292]
`[https://bleacherreport.com/articles/610862]
`
`[https://bleacherreport.com/articles/698475-andre-ward-vs-arthur-abraham-10-
`things-to-know-about-the-fight-this-weekend]
`[https://bleacherreport.com/articles/698475-andre-ward-vs-arthur-abraham-10-
`things-to-know-about-the-fight-this-weekend?comment_id=4569508]
`
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