Case 3:21-cv-00775 Document 1 Filed 06/04/21 Page 1 of 13
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`UNITED STATES DISTRICT COURT
`DISTRICT OF CONNECTICUT
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`Judy A. Juracek,
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` Plaintiff
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`v.
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`Capcom CO., LTD. and Capcom USA, Inc.,
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` Defendants
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`
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`Civil Action No. 3:21-cv-00775
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`COMPLAINT FOR COPYRIGHT
`INFRINGEMENT; REMOVAL OF
`COPYRIGHT MANAGEMENT
`INFORMATION
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`JURY TRIAL DEMANDED
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`COMPLAINT
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`Judy A. Juracek (hereinafter “Plaintiff” or “Juracek”) brings forth this action against
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`Capcom CO., LTD. and Capcom USA, Inc (hereinafter collectively “Capcom” or “Defendants”)
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`and complains and alleges as follows:
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`INTRODUCTION
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`1.
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`This is an action for federal copyright infringement under 17. U.S.C. § 101 et seq,
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`and removal of copyright management information.
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`PARTIES
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`2.
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`Plaintiff Juracek is an individual with an address at 55 Turkey Plain Rd, Bethel
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`CT 06801.
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`3.
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`Upon information and belief, Defendant, CAPCOM CO., LTD. is a Corporation
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`organized in Japan with an address of 3-1-3 Uchihiranomachi, Chuo-ku Osaka JAPAN 540-
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`0037.
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`UNITED STATES DISTRICT COURT
`DISTRICT OF CONNECTICUT
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`
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`Judy A. Juracek,
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` Plaintiff
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`v.
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`Capcom CO., LTD. and Capcom USA, Inc.,
`
`
` Defendants
`
`
`
`Civil Action No. 3:21-cv-00775
`
`COMPLAINT FOR COPYRIGHT
`INFRINGEMENT; REMOVAL OF
`COPYRIGHT MANAGEMENT
`INFORMATION
`
`
`JURY TRIAL DEMANDED
`
`COMPLAINT
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`Judy A. Juracek (hereinafter “Plaintiff” or “Juracek”) brings forth this action against
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`Capcom CO., LTD. and Capcom USA, Inc (hereinafter collectively “Capcom” or “Defendants”)
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`and complains and alleges as follows:
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`INTRODUCTION
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`1.
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`This is an action for federal copyright infringement under 17. U.S.C. § 101 et seq,
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`and removal of copyright management information.
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`PARTIES
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`2.
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`Plaintiff Juracek is an individual with an address at 55 Turkey Plain Rd, Bethel
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`CT 06801.
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`3.
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`Upon information and belief, Defendant, CAPCOM CO., LTD. is a Corporation
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`organized in Japan with an address of 3-1-3 Uchihiranomachi, Chuo-ku Osaka JAPAN 540-
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`0037.
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`Case 3:21-cv-00775 Document 1 Filed 06/04/21 Page 2 of 13
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`4.
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`Upon information and belief, Defendant, Capcom U.S.A., Inc. is a California
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`corporation having an address at 185 Berry Street, Suite 1200, San Francisco, CA 94107.
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`5.
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`Capcom, and/or its agents or affiliated companies sell the game and series of
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`games referred to as RESIDENT EVIL throughout the United States and the World, including
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`sales in Connecticut.
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`JURISDICTION AND VENUE
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`6.
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`This Court has federal question jurisdiction pursuant to 28 U.S.C. §§ 1331, and
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`1338 over the copyright claims because the action alleges inter alia violations of federal statutes.
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`7.
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`Venue is proper in this judicial district under 28 U.S.C. § § 1391, 1400(a) because
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`a substantial part of the events giving rise to the claims raised in the lawsuit occurred in this
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`judicial district, and because Defendants conduct business in this district and Defendant’s actions
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`have injured Juracek, a Connecticut resident.
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`8.
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`Upon information and belief, this Court has jurisdiction over Defendants because
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`Defendants committed acts of copyright infringement in this district and have distributed copies
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`of various infringing works that wrongfully utilize Juracek’s photographs as described further
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`herein, causing injury to Plaintiff in this state and district.
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`9.
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`Defendants sell and market products in Connecticut which include Plaintiff’s
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`copyrighted material. Furthermore and upon information and belief, Defendant knew or had
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`reason to believe that Plaintiff was located in Connecticut and that harm would be felt in
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`Connecticut as a result of Defendant’s actions.
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`10.
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`Defendants have purposely availed themselves to this state and this district at least
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`because they have promoted and sold their infringing products to consumers in this state and
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`district.
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`Case 3:21-cv-00775 Document 1 Filed 06/04/21 Page 3 of 13
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`FACTUAL BACKGROUND
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`11.
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`Plaintiff has been a professional scenic artist, scene designer and photographer for
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`much of her career, working on numerous well known film and TV productions.
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`12.
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`As part of Plaintiff’s work, she traveled around the world photographing various
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`and unique decorative surfaces and features as part of her research related to set design which
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`photographs are distinctive and exclusive to Plaintiff. These photos are extremely useful to
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`designers and architects looking to create distinctive and memorable scenery and decorative
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`features.
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`13.
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`As a result of Plaintiff’s work over the years, she grouped together various
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`examples of unique and interesting surfaces, textures and features into a book and CD-Rom
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`(“CD-ROM”) which represented Plaintiff’s extensive personal research work into decorative
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`surfaces and textures.
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`14. More specifically, plaintiff is the author and photographer of the photography
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`book called “SURFACES” which was published by the W.W. Norton Company and includes a
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`copyright notice “© 1996 by Judy A Juracek All rights reserved” immediately next to the table
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`of contents page. The ISBN is 0-393-73007-7 (the “book”). The book starts off “This collection
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`of photographs began as my private file of photo research….”
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`15.
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`Juracek is the owner of U.S. Copyright Registration Nos. TX4-442-862 which
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`claims “text, photographs, and compilation in book; compilation on CD-ROM” as found in the
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`book.
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`16.
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`This book also included a CD-ROM which provided digital copies of the photos
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`(“photographs”) and suggested that the photos could be useful for various purposes and invited
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`Case 3:21-cv-00775 Document 1 Filed 06/04/21 Page 4 of 13
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`interested persons to contact Juracek if licenses were desired. The CD-ROM also contains a
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`copyright notice “© 1996 by Judy A Juracek All rights reserved”.
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`17.
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`As a result of the book and photographs and CD-ROM, Juracek licensed copies of
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`various photographs to many different parties who sought to use the photos commercially and
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`the book became a very popular way for architects and designers to obtain exclusive high quality
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`examples of unique decorative surfaces and features. The parties were required to contact
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`Juracek to obtain high resolution digital files as the CD-ROM files were not high resolution. For
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`the sake of clarity, anyone seeking a license for the photographs from the book or CD-ROM
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`were required to contact Plaintiff to obtain the photos in a high resolution digital file suitable for
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`commercial use as all rights were reserved as set forth in the copyright notice.
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`18.
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`At all times, Juracek retained and continues to retain full ownership of book and
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`photographs.
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`19.
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`20.
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`21.
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`The CD-ROM also included a copyright notice on the front of the CD-ROM.
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`Juracek never sold or licensed the photographs to Defendants.
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`In the book, and the CD-ROM, the photographs are numbered. For example “G-
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`79 shattered safety glass” in the book refers to a photo of shattered safety glass which Juracek
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`obtained in Italy.
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`22.
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`The CD-ROM includes a file called “G079” which is the same photo and a copy
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`of that photo is found below.
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`Case 3:21-cv-00775 Document 1 Filed 06/04/21 Page 5 of 13
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`23.
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`This “G079” is but one example of the many highly unique photographs in
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`Juracek’s book and CD-ROM, more specifically, the photo was taken in Italy of a unique
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`looking glass shatter pattern that upon information and belief would not be duplicated by any
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`other shattering of glass in that the probability of an object hitting the same thickness and
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`configuration of glass identically at any other location is impossible or exceptionally remote.
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`24.
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`Capcom’s primary logo for RESIDENT EVIL including the game, and related
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`merchandise uses this “G079” photo to create the logo.
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`Case 3:21-cv-00775 Document 1 Filed 06/04/21 Page 6 of 13
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`25.
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`The below commented analysis shows that Capcom has directly copied “G079”
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`26.
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`The below commented analysis shows that Capcom has directly copied #____
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`which photos were taken in a mansion located in Newport, Rhode Island. The public does not
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`have access or permission to photograph the inside of the mansion. It is not possible for Capcom
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`to have had access to the mansion to photograph such images.
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`Photo from the mansion:
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`Case 3:21-cv-00775 Document 1 Filed 06/04/21 Page 7 of 13
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`27.
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`These are but two examples of infringement in which the unique nature of the
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`photo(s) and Defendant’s reproduction makes it almost impossible for Defendant to have created
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`or obtained the design from another source.
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`28.
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`Various versions of Capcom’s RESIDENT EVIL game and merchandise have
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`used approximately 80 or more of Juracek’s photographs which appeared over 200 times in
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`Defendants’ RESIDENT EVIL games. Comparisons showing Plaintiff’s photos used by
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`Defendants are found at Exhibit A.
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`29.
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`Given the wide amount of copying of unique photographs not available
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`elsewhere, it is apparent that Defendant had access to the book or CD-ROM, or both.
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`30.
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`Specifically, Capcom was subject to a security breach/hacking in 2020 which is
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`believed to have occurred approximately in November 2020.
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`Case 3:21-cv-00775 Document 1 Filed 06/04/21 Page 8 of 13
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`31.
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`Some Capcom data released by the hackers included high resolution images of
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`artwork used in Resident Evil and other games.
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`32.
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`The file names for at least one of the images from the Capcom hacked files are the
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`same file names as those used on the CD-ROM.
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`33.
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`For example, the file name for a metal texture image from the CD-ROM is
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`“ME009” and Capcom has ME009 stored in its files under that name and Capcom used this
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`photograph in its game(s).
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`34. ME009 is copied below:
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`35.
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`A photo with the ME009 name is in Capcom’s files and was used in one or more
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`of Capcom’s games, including RESIDENT EVIL. Furthermore, additional galleries that Capcom
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`used in America and Japan are paid for, which demonstrates that Capcom paid for other images
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`aside from Plaintiff’s book. In the Facebook advertising, it is mentioned that that 3,500 textures
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`have been repainted.
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`Case 3:21-cv-00775 Document 1 Filed 06/04/21 Page 9 of 13
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`36.
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`Furthermore, given that approximately 80 or more Juracek images appear in
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`RESIDENT EVIL and that the primary brand/logo of RESIDENT EVIL employs a specific
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`shattered glass pattern that matches a Juracek photo taken in Italy, as well as the interior mansion
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`door design that the public does not have access to, it is hard to imagine that precise duplication
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`would be possible by independent creation. More specifically, it is hard to imagine that Juracek
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`would take a photo of shattered glass in Italy and interior mansion door design and that Capcom
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`artists would reproduce the exact same pattern of shattered glass in a logo and interior door
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`design without benefit of Juracek’s photographs.
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`37.
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`Capcom’s activities show a pattern of misconduct. A Dutch filmmaker is suing
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`Capcom for copying the filmmaker’s monster designs and using the designs in the Resident Evil
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`game, see https://www.thegamer.com/resident-evil-village-dutch-filmmaker-report/.
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`38.
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`Accordingly, Capcom did not independently create the shatter pattern which is
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`part of its logo described above in Paragraph 25.
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`39.
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`Capcom created all of the identified game scenes in Exhibit A using Juracek’s
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`photographs without permission.
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`40.
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`Juracek did not discover the copying until more recently in large part due to
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`Capcom’s separation of Juracek’s name and copyright notice from her images. Once Juracek
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`noticed the infringement, she quickly gathered examples of copying and provided those to
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`Capcom in the form of a copyright infringement notice letter.
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`41.
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`Capcom has not ceased use or altered their conduct despite clear and specific
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`identification of numerous infringements.
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`Case 3:21-cv-00775 Document 1 Filed 06/04/21 Page 10 of 13
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`42.
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`Upon information and belief, Capcom is involved in a virtual reality project with
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`Facebook that includes making games available through a Facebook platform, which games
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`include or will include Juracek’s copyrighted works.
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`43.
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`Capcom also separated the copyright notice on the front of the CD-ROM from the
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`images when Capcom stored the files from the CD-ROM, thus intentionally separating/removing
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`the copyright management information from the images, making it significantly more difficult
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`for Juracek to discover the infringing conduct. The book included a copyright notice which was
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`also separated from the photographs Capcom used.
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`COUNT I
`Copyright Infringement – 17 U.S.C. § 101 et seq
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`Plaintiff repeats and realleges the allegations contained in the prior paragraphs of
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`44.
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`this Complaint and incorporates them herein by reference.
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`45.
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`The book, photographs and CD-ROM were created and/or authored Plaintiff and
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`Plaintiff remains the owner of the same.
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`46.
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`Defendants have copied approximately 80 or more of the photographs and used
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`them over 200 times in the games.
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`47.
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`48.
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`Plaintiff’s copyright includes a claim to the photographs.
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`Defendants are infringing the copyrights of Plaintiff website by unlawfully
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`reproducing, preparing derivative works, and publicly displaying and selling copies of identical
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`or substantially similar content in games, and merchandise in violation of the U.S. Copyright
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`Act. At no time has Plaintiff authorized Defendants to engage in such conduct.
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`49.
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`Plaintiff is entitled to actual damages and disgorgement of profits/lost profits or at
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`its election, statutory damages, including an award for each photo infringed, i.e. a statutory
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`award of up to $150,000 x 80 photographs (i.e. up to $12,000,000 USD) plus attorney fees and
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`Case 3:21-cv-00775 Document 1 Filed 06/04/21 Page 11 of 13
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`costs or alternately actual damages and disgorgement of profits plus attorney fees and costs.
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`50.
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`The full extent of Capcom’s infringement is not known and Juracek believes there
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`may be other photos not identified in Exhibit A that Capcom has used without license.
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`COUNT II
`False Copyright Management Information and Removal of Copyright Management
`Information
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`51.
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`Plaintiff repeats and realleges the allegations contained in the prior paragraphs of
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`this Complaint and incorporates them herein by reference.
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`52.
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`Capcom has intentionally separated Juracek’s copyright notice from the photos
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`used.
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`53.
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`Capcom has claimed a copyright in the various Capcom games that use Juracek’s
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`photographs, thus falsely claiming complete copyright ownership to the Capcom games when
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`those games use Juracek’s copyrighted photographs.
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`54.
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`Capcom has intentionally separated the Copyright notices on the Juracek book
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`and CD-ROM from the photographs, thus removing the Copyright management information
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`from the photographs and has distributed games and merchandise including photos with removed
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`copyright management information. Further, Capcom has claimed the Copyright is owned by
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`Capcom without any reference to Juracek’s copyright.
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`55.
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`56.
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`The foregoing was without authority of the Juracek or the law.
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`Juracek is entitled to actual damages and any profits of Capcom or statutory
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`damages of between $2,500 and $25,000 per photograph (there are approximately 80 known to
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`Juracek at this time).
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`57.
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`Juracek is entitled to costs and attorney fees and an injunction to stop the
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`irreparable harm to Juracek’s exclusive rights.
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`Case 3:21-cv-00775 Document 1 Filed 06/04/21 Page 12 of 13
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`58.
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`Juracek is entitled to an order ordering the destruction of all devices or products
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`involved in the removal and/or falsification of Copyright management information.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff prays for judgment as follows:
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`A.
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`An order immediately and permanently enjoining Defendants, its officers,
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`members, agents, servants, employees, attorneys, and all persons in active concert or
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`participating with any of them, from utilizing any of Plaintiff’s copyrights in any way.
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`B.
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`Direct Defendants to destroy each and every copy of all games, products and
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`other content including Plaintiff’s photographs.
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`C.
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`That Defendant be ordered to pay to Plaintiff damages sustained as a result of the
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`activities complained of herein, including actual damages, profits, exemplary damages and if
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`elected, statutory damages.
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`D.
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`That Defendant be ordered to pay increased damages due to its willful
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`infringement.
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`E.
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` That Defendant be ordered to pay Plaintiff’s reasonable attorneys’ fees and costs
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`incurred in this action.
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`F.
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`That Plaintiff be awarded such other and further relief as may be contemplated by
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`statute law and/or equity and such other and further relief as the Court may deem just and proper.
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`JURY DEMAND
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`Plaintiff demands a trial by jury on all claims and issues so triable.
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`Case 3:21-cv-00775 Document 1 Filed 06/04/21 Page 13 of 13
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`Dated: Stamford, Connecticut
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`June 4, 2021
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`ST. ONGE STEWARD JOHNSTON & REENS LLC
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`/s/Jonathan A. Winter/
`Gene S. Winter, Esq.
`Jonathan A. Winter, Esq.
`986 Bedford Street
`Stamford, Connecticut 06905-5619
`Telephone: (203) 324-6155
`Facsimile: (203) 327-1096
`Email: gwinter@ssjr.com
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`jwinter@ssjr.com
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`litigation@ssjr.com
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`Attorneys for Plaintiff Judy A. Juracek
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