Case 2:20-cv-09661 Document 1 Filed 10/21/20 Page 1 of 12 Page ID #:1
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`Stephen M. Doniger, Esq. (SBN 179314)
`stephen@donigerlawfirm.com
`Scott A. Burroughs, Esq. (SBN 235718)
`scott@donigerlawfirm.com
`Frank Gregory Casella (SBN 301494)
`fcasella@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
`
`HOWARD SCHATZ, as an individual
`Plaintiff,
`
`Case No.:
`
`vs.
`
`VERIZON COMMUNICATIONS, INC.,
`a Delaware Corporation, d/b/a
`“Yahoo.com”; OATH, INC., a Delaware
`Corporation; and DOES 1-10,
`Defendant
`
`COMPLAINT FOR:
`1. COPYRIGHT INFRINGEMENT
`2. VICARIOUS AND/OR
`CONTRIBUTORY COPYRIGHT
`INFRINGMENT
`3. VIOLATIONS OF THE DIGITAL
`MILLENNIUM COPYRIGHT ACT
`(17 U.S.C. § 1202)
`
`JURY TRIAL DEMANDED
`
`
`
` Plaintiff, Howard Schatz, by and through his undersigned attorneys,
`hereby prays to this honorable Court for relief based on the following:
`JURISDICTION AND VENUE
`1. This action arises under the Copyright Act of 1976.
`
`
` 1
`COMPLAINT
`
`

`

`Case 2:20-cv-09661 Document 1 Filed 10/21/20 Page 2 of 12 Page ID #:2
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`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.
`PARTIES
`4. Plaintiff is an individual residing in Los Angeles, California.
`5.
` Plaintiff is informed and believes and thereon alleges that Defendant
`VERIZON COMMUNICATIONS, INC., doing business as “Yahoo.com”, does
`business in and with the state of California and in this District.
`6.
`Plaintiff is informed and believes and thereon alleges that Defendant
`OATH, INC., is a Delaware corporation and is doing business in and with the
`state of California and in 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.
`
`
` 2
`COMPLAINT
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`Case 2:20-cv-09661 Document 1 Filed 10/21/20 Page 3 of 12 Page ID #:3
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`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.
`10.
` Plaintiff created and exclusively owns the photography depicted in
`Exhibit A attached hereto. These works will be called the “Subject Photography”
`herein.
`11.
`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.
`
` Plaintiff has registered the Subject Photography with the Copyright
`
`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
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` 3
`COMPLAINT
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`

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`Case 2:20-cv-09661 Document 1 Filed 10/21/20 Page 4 of 12 Page ID #:4
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`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.
`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.
`//
`//
`//
`//
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` 4
`COMPLAINT
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`

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`Case 2:20-cv-09661 Document 1 Filed 10/21/20 Page 5 of 12 Page ID #:5
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`SECOND CLAIM FOR RELIEF
`(For Vicarious and/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 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’
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`COMPLAINT
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`Case 2:20-cv-09661 Document 1 Filed 10/21/20 Page 6 of 12 Page ID #:6
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`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.
`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.
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`COMPLAINT
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`Case 2:20-cv-09661 Document 1 Filed 10/21/20 Page 7 of 12 Page ID #:7
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`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.
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`PRAYER FOR RELIEF
`Wherefore, Plaintiff prays for judgment as follows:
`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 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.
`b. 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.
`c. 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;
`d. That Plaintiff be awarded his attorneys’ fees as available under the
`Copyright Act U.S.C. § 505 and/or §1203;
`e. That Plaintiff be awarded his costs and fees;
`f. That Plaintiff be awarded statutory and enhanced damages;
`g. That Plaintiff be awarded pre-judgment interest as allowed by law; and
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` 7
`COMPLAINT
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`

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`Case 2:20-cv-09661 Document 1 Filed 10/21/20 Page 8 of 12 Page ID #:8
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`h. That Plaintiff be awarded further legal and equitable relief as deemed
`proper.
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`Plaintiff demands a jury trial on all issues so triable pursuant to Fed. R. Civ.
`P. 38 and the 7th Amendment to the United States Constitution.
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` Respectfully submitted,
`
`Dated: October 21, 2020 By:/s/ Stephen M. Doniger
` Stephen M. Doniger, Esq.
` Frank Gregory Casella, Esq.
` DONIGER / BURROUGHS
` Attorneys for Plaintiff
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`Case 2:20-cv-09661 Document 1 Filed 10/21/20 Page 9 of 12 Page ID #:9
`Case 2:20-cv-09661 Document 1 Filed 10/21/20 Page 9 of 12 Page ID #:9
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` EXHIBIT A
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`EXHIBIT A
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` 9
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`COMPLAINT
`COMPLAINT
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`

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`Case 2:20-cv-09661 Document 1 Filed 10/21/20 Page 10 of 12 Page ID #:10
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`EXHIBIT B
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`Screen Captures
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` 10
`COMPLAINT
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`

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`Case 2:20-cv-09661 Document 1 Filed 10/21/20 Page 11 of 12 Page ID #:11
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`«HS 2;
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`hflps://ca.sty|e.yahoo.com/invisible-heels--they—exist%E2%80%94
`and-i-m-hooked-144711053.htm|
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`23x14“:
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`https://ct.yimg.com/xd/api/res/1.2/DRwNOpU 10/19/2020
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`Rv03c9NDAw/https://s.yimg.com/ob/image/33506933-d3
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`ht!ps:l/img.alicdn.comfimgextra/i4/1935845721/T82XOdeJ‘LL1JjSZFEXXchXXa_!!1935845
`721.jpg
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`10/19/2020
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` 11
`COMPLAINT
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`

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`Case 2:20-cv-09661 Document 1 Filed 10/21/20 Page 12 of 12 Page ID #:12
`Case 2:20-cv-09661 Document 1 Filed 10/21/20 Page 12 of 12 Page ID #:12
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`133W
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`ttpszlls,yimg,com/uu/api/res/112/J6KCpprYXaViJqDSquIQ--~B/aDOzNDM7dz
`O1MzA7c209MTtthBpZD1SdGFjaHIvbg--/http://media.zenfs‘com/zh-Hant-T
`W/homerun/leeyihugh.fit/a30599<:154b94cfd0890ca0439f32e6f
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` 12
`COMPLAINT
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