Case 1:20-cv-04928-PAE Document 1 Filed 06/26/20 Page 1 of 17
`Case 1:20-cv-04928—PAE Document 1 Filed 06/26/20 Page 1 of 17
`
`
`
`UNITED STATES DISTRICT COURT FOR THE
`SOUTHERN DISTRICT OF NEW YORK
`__________________________________________________ X
`
`C.A. NO.
`
`)
`
`J)
`
`) )
`
`COMPLAINT AND
`J
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`
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`
`RALF HARTMANN,
`
`Plaintiff,
`
`V,
`
`AMAZON.COM,
`
`INC. and AMAZON DIGITAL SERVICES LLC
`
`Defendants.
`
`__________________________________________________ x
`
`Plaintiff, Ralf Hartmann, by and through his attorneys, Lebowitz
`
`Law Office LLC, as and for the complaint against defendants Amazon.com
`
`Inc.,
`
`(“Amazon.com) and Amazon Digital Services LLC (“Amazon
`
`Digital”), allege as follows:
`
`NATURE OF THE ACTION
`
`1.
`
`This is a civil action for damages against Defendants for
`
`violations of the United States Copyright Act of 1976, 1? U.S.C. §§
`
`101, et seq. This action arises out of Defendant's infringement of
`
`copyrights in numerous Motion Pictures (as defined below)
`
`to which
`
`Plaintiff owns or controls copyright and/or exclusive distribution
`
`rights.
`
`2.
`
`Plaintiff brings this action against Defendants for direct,
`
`and contributory infringement of Plaintiff’s copyrights in the Motion
`
`Pictures,
`
`in violation of the Copyright Act of 1976, as amended, 17
`
`0.8.0. §§ 101 et seq.
`
`(the “Cepyright Act”),
`
`the Berne Convention for
`
`the Protection of Literary and Artistic Works
`
`(the “Berne
`
`Convention”). as adopted by the COpyright Act; and in Violation of the
`
`copyright laws of the foreign countries identified below, Where
`
`1
`
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`Case 1:20-cv-04928—PAE Document 1 Filed 06/26/20 Page 1 of 17
`
`
`
`UNITED STATES DISTRICT COURT FOR THE
`SOUTHERN DISTRICT OF NEW YORK
`__________________________________________________ X
`
`C.A. NO.
`
`)
`
`J)
`
`) )
`
`COMPLAINT AND
`J
`J m
`
`))
`
`) }
`
`RALF HARTMANN,
`
`Plaintiff,
`
`V,
`
`AMAZON.COM,
`
`INC. and AMAZON DIGITAL SERVICES LLC
`
`Defendants.
`
`__________________________________________________ x
`
`Plaintiff, Ralf Hartmann, by and through his attorneys, Lebowitz
`
`Law Office LLC, as and for the complaint against defendants Amazon.com
`
`Inc.,
`
`(“Amazon.com) and Amazon Digital Services LLC (“Amazon
`
`Digital”), allege as follows:
`
`NATURE OF THE ACTION
`
`1.
`
`This is a civil action for damages against Defendants for
`
`violations of the United States Copyright Act of 1976, 1? U.S.C. §§
`
`101, et seq. This action arises out of Defendant's infringement of
`
`copyrights in numerous Motion Pictures (as defined below)
`
`to which
`
`Plaintiff owns or controls copyright and/or exclusive distribution
`
`rights.
`
`2.
`
`Plaintiff brings this action against Defendants for direct,
`
`and contributory infringement of Plaintiff’s copyrights in the Motion
`
`Pictures,
`
`in violation of the Copyright Act of 1976, as amended, 17
`
`0.8.0. §§ 101 et seq.
`
`(the “Cepyright Act”),
`
`the Berne Convention for
`
`the Protection of Literary and Artistic Works
`
`(the “Berne
`
`Convention”). as adopted by the COpyright Act; and in Violation of the
`
`copyright laws of the foreign countries identified below, Where
`
`1
`
`
`
`Case 1:20-cv-04928-PAE Document 1 Filed 06/26/20 Page 2 of 17
`Case 1:20-cv-04928—PAE Document 1 Filed 06/26/20 Page 2 of 17
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`Defendants also violated Plaintiff’s copyrights by streaming:
`
`broadcasting, renting, selling and distributing the Motion Pictures:
`
`within these countries (the “Foreign Copyright Laws”). Plaintiff
`
`seeks damages for Defendants'
`
`infringements {and an injunction to
`
`prevent further unlawful use).
`
`PARTIES
`
`3.
`
`Plaintiff Ralf Hartmann (“Plaintiff” or “RH”)
`
`is a citizen
`
`and resident of Germany.
`
`4-
`
`Upon information and belief, defendant Amazon.com,
`
`Inc.
`
`is
`
`a Delaware corporation with its principal place of business in
`
`Seattle, Washington. Amazon owns and operates the Amazon.com website,
`
`and equivalent international websites in the Foreign Countries
`
`described below.
`
`5.
`
`Upon information and belief, defendant Amazon Digital
`
`Services LLC is a Delaware Limited Liability Company with its
`
`principal place of business in Seattle, Washington.
`
`6.
`
`Upon information and belief, Amazon Digital owns and
`
`operates the Prime Video website and service, and the Prime Video App,
`
`described below. Amazon Digital has no independent operation.
`
`Instead,
`
`it is completely controlled in every manner by defendant Amazon.
`
`7.
`
`Amazon and Amazon Digital are collectively referred to
`
`herein as “Defendants”.
`
`JURISDICTION AND VENUE
`
`8.
`
`The jurisdiction of this Court is based upon 28 U.S.C. §§
`
`1331 and 1338 in that this controversy arises under the Copyright Act
`
`and Copyright Revision Act of 19?6 (1? U.S.C § 101 et seq,)_ This
`
`2
`
`
`
`
`
`Case 1:20-cv-04928-PAE Document 1 Filed 06/26/20 Page 3 of 17
`Case 1:20-cv-04928—PAE Document 1 Filed 06/26/20 Page 3 of 17
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`action is a civil action over which this court has original
`
`jurisdiction.
`
`9.
`
`Upon information and belief, a substantial part of the
`
`facts of infringement complained of herein occurs or has occurred in
`
`this district, and Defendants are subject to personal jurisdiction in
`
`this district because they maintain a headquarters in this district
`
`located at 7 West 34th Street, New York, NY.
`
`10.
`
`Personal jurisdiction over Defendants is proper in this
`
`Court, among other reasons, on the grounds that Defendants,
`
`through
`
`their interactive web—based subscription service, caused the
`
`unlicensed streaming, rental, sale, broadcast and distribution of
`
`the Plaintiff's Motion Pictures throughout the State of New York,
`
`including within this judicial district.
`
`11.
`
`This Court has personal jurisdiction over Defendants
`
`pursuant
`
`to CPLR § 302 (New York’s long—arm statute) due to their
`
`continuous and systematic business activities within New York as
`
`described below. Defendants have conducted and do conduct business
`
`within New York. Defendants, directly or through intermediaries
`
`(including distributors, retailers, and others), ship, distribute,
`
`offer for sale, sell, and advertise products in the United States,
`
`and specifically to New York. Defendants purposefully and
`
`voluntarily streamed,
`
`rented, sold, broadcast and distributed
`
`Plaintiffs' Motion Pictures in New York.
`
`12.
`
`Venue is proper in this district pursuant
`
`to 28 U.S.C. §§
`
`1391(b) and (c) and/or 1400(a).
`
`
`
`
`
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`Case 1:20-cv-04928—PAE Document 1 Filed 06/26/20 Page 4 of 17
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`The Motion Pictures
`
`GENERAL ALLEGATIONS
`
`13.
`
`Pursuant to an agreement and short form assignment entered
`
`into between Capella Films,
`
`Inc.
`
`(“Capella Films”) and RH dated
`
`January 1, 2008, Capella Films assigned,
`
`transferred and sold to RH
`
`all of Capella Films’
`
`interests (the “Interests”) in multiple motion
`
`pictures,
`
`including the following nine (9) motion pictures:
`
`(i)
`
`Austin Powers: International man of Mystery:
`
`(ii) After the Rain;
`
`(iii) A Business Affair;
`
`(iv) Commander Hamilton;
`
`(v) Drop Dead
`
`Gorgeous;
`
`(Vi) Fall;
`
`(vii) The Last Tattoo;
`
`(viii) Music From Another
`
`Room; and (ix) Pete’s Meteor
`
`(the “Motion Pictures”).
`
`14.
`
`The Interests acquired by RH included the copyrights in the
`
`following Motion Pictures registered with the United States Copyright
`
`Office: After The Rain; A Business Affair; Commander Hamilton; fall;
`
`The Last Tattoo;.Musio From Another Room; and Pete’s MEteor.
`
`The
`
`copyright registration numbers for each of these Motion Pictures are
`
`set forth in the document annexed hereto as Exhibit A.
`
`15.
`
`Among the bundle of rights afforded to RH under United
`
`States copyright law - which rights were acquired from Capella Films -
`
`are the exclusive rights to “Reproduce the copyrighted work,”
`
`“distribute copies of the copyrighted work to the public,” “perform
`
`the copyrighted work publicly,” and “display the copyright work
`
`publicly.”
`
`1? 0.3.0.
`
`§ 106. This includes the exclusive right “to
`
`transmit or otherwise communicate a performance or display" of the
`
`Motion Pictures “to the public by means of any device or process
`
`whether the members of the public capable of receiving the performance
`
`
`
`
`
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`or display receive it in the same place or in separate places and at
`
`the same time or at different times.”
`
`Id. § 101.
`
`16.
`
`The Interests acquired by RH from Capella Films also
`
`included the copyright in and to the following two Motion Pictures
`
`throughout the International Territory (including any renewals and
`
`extensions of copyright): Austin Powers:
`
`International Man of
`
`Mystery; and Drop Dead Gorgeous. Here, “International Territory”
`
`means the universe with the exclusion of the United States and Canada.
`
`17. Defendants own and operate an internet video on demand and
`
`digital distribution service called Prime Video or Amazon Prime Video
`
`(“Prime Video”)
`
`through which they offer films and television shows
`
`for rent or purchase, and in addition, a selection of Amazon Studios
`
`original content and other films which are made available,
`
`to stream
`
`on demand — as part of the Prime Video subscription included with any
`
`membership {free trial and paid monthly or yearly)
`
`to Amazon Prime.
`
`18.
`
`Upon information and belief, Prime Video is currently
`
`available in over 200 countries and territories with an eligible Prime
`
`Video or Amazon Prime membership.
`
`19.
`
`Upon information and belief,
`
`in the United States, United
`
`Kingdom, Germany, and many other territories, access to Prime Video is
`
`also available through a video-only membership, which does not require
`
`a full subscription to Amazon Prime.
`
`20.
`
`Prime Video is available as a webubased service at
`
`Amazon.com and equivalent international websites in foreign countries,
`
`including, but not limited to United Kingdom (Amazon.co.uk), Germany
`
`
`
`
`
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`Case 1:20-cv-04928—PAE Document 1 Filed 06/26/20 Page 6 of 17
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`(Amazon.de), Australia (Amazon.oom.au), Japan {Amazon.co.jp), and
`
`France (Amazon.fr)
`
`(the “Foreign Countries”).
`
`21.
`
`Prime Video is also available via a Prime Video “app” which
`
`is available for download on a range of smart televisions {e.g., Sony,
`
`Samsung), Amazon branded devices (e.g., Fire Stick, Fire TV, Kindle
`
`Fire tablet) mobile devices, Bluvray players, games consoles (e.g.,
`
`Sony PlayStation) and streaming media devices (e.g., Roku}.
`
`22.
`
`Beginning in July 201?, Defendants, without obtaining
`
`either license or authorization from RH, made the Motion Pictures
`
`Commander Hamilton and After the Rain available for digital
`
`distribution either via streaming on demand, and/or for rent or sale
`
`on its Prime Video service in the United States.
`
`23.
`
`Upon information and belief, Defendants continued to make
`
`the Motion Pictures Commander Hamilton and After the Rain available
`
`for digital distribution either via streaming on demand, and/or for
`
`rent or sale on its Prime Video service in the United States,
`
`thru
`
`December 2017, and upon information and belief,
`
`thereafter into 2018.
`
`24.
`
`Upon information and belief, collectively, during this
`
`period,
`
`the Motion Pictures Commander Hamilton and After the Rain were
`
`collectively streamed on demand, rented or purchased hundreds of times
`
`or more by Prime Video subscribers.
`
`25. Moreover, upon information and belief, also beginning in
`
`July 201?, Defendants, without obtaining either license or
`
`authorization from RH, made the Motion Pictures After the Rain,
`
`Commander Hamilton, Austin Powers: International man of.Mystery, and
`
`Drop Dead Gorgeous available for digital distribution either via
`
`
`
`
`
`Case 1:20-cv-04928-PAE Document 1 Filed 06/26/20 Page 7 of 17
`Case 1:20-cv-04928—PAE Document 1 Filed 06/26/20 Page 7 of 17
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`streaming on demand, and/or for rent or sale on its Prime Video
`
`service,
`
`in the Foreign Countries,
`
`including, but not limited to:
`
`United Kingdom, Germany and Australia.
`
`26.
`
`Upon information and belief, Defendants continued to make
`
`the Motion Pictures Commander Hamilton, After the Rain, Austin Powers:
`
`International Man of Mystery and Drop Dead Gorgeous available for
`
`digital distribution either via streaming on demand, and/or for rent
`
`or sale on its Prime Video service,
`
`in the Foreign Countries thru
`
`December 2017, and upon information and belief,
`
`thereafter into 2018.
`
`27.
`
`Upon information and belief, during this time,
`
`collectively,
`
`the Motion Pictures Commander Hamilton, After the Rain,
`
`Austin Powers: International man of Mystery and Drop Dead Gorgeous
`
`were collectively streamed on demand, rented or purchased thousands of
`
`times or more by Prime Video subscribers in the Foreign Countries.
`
`28.
`
`Because the two Motion Pictures — Commander Hamilton and
`
`After the Rain - were hosted on Amazon's servers based in the United
`
`States and were streamed on demand or distributed for rent or sale
`
`from these servers to Prime Video customers or subscribers within the
`
`United States, each such distribution by Amazon was without proper
`
`license or authorization and a violation of the Copyright Act.
`
`29.
`
`Because the four Motion Pictures — Commander Hamilton,
`
`After the Rain, Austin Powers: International man of Mystery and DrOp
`
`Dead Gorgeous — were hosted on Defendants’ servers based in the United
`
`States and were streamed on demand or distributed for rent or sale
`
`from these servers to Prime Video customers or subscribers in the
`
`Foreign Countries, each such distribution by Defendants was without
`
`
`
`
`
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`Case 1:20-cv-04928—PAE Document 1 Filed 06/26/20 Page 8 of 17
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`prOper license or authorization and also a violation of the Copyright
`
`Act .
`
`30.
`
`It is impossible at this time to know the full extent of
`
`Defendants’ wrongful distribution of the Motion Pictures at this time.
`
`This information was sought by subpoena to Amazon in the case Screen
`
`Media Ventures, LLC v. Capella International,
`
`Inc. et al,
`
`(Sup Ct. NY
`
`County Index No. 600941/06)(the “State Court Screen Media Case”) which
`
`subpoena was objected to by Amazon and no information was provided.
`
`Furthermore, Screen Media Ventures has failed to produce documents
`
`related to Defendants’ distribution of the Motion Pictures in the
`
`State Court Screen Media Case and is under a contempt order to provide
`
`such documentation by July 15, 2020 or have, among other things,
`
`their
`
`claims stricken.
`
`31.
`
`Because information regarding Defendants’ full use of RH’s
`
`Motion Pictures remains incomplete or in Defendants’ sole possession,
`
`the full and complete scope of Defendants’
`
`infringing activities and
`
`infringing uses of RH’s Motion Pictures has not yet been fully
`
`ascertained.
`
`32.
`
`Upon information and belief, a reasonable opportunity for
`
`further investigation and discovery will yield evidence that
`
`Defendants’ unauthorized, unlicensed, and/or infringing use and
`
`exploitation of the Motion Pictures is not limited to the uses
`
`described herein.
`
`33. Defendants’ pattern of unlicensed, unauthorized, and
`
`uncompensated use of the Motion Pictures injured Plaintiff,
`
`including
`
`by depriving Plaintiff of his rightful compensation for the use of the
`
`
`
`
`
`Case 1:20-cv-04928-PAE Document 1 Filed 06/26/20 Page 9 of 17
`Case 1:20—cv-04928—PAE Document 1 Filed 06/26/20 Page 9 of 17
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`Motion Pictures and infringing on Plaintiff's exclusive rights to
`
`control the reproduction, use, distribution, and sale of the Motion
`
`Pictures.
`
`CLAIMS FOR RELI EE‘
`
`COUNT I
`
`Direct Infringement of Copyright in the United States
`
`25.
`
`RH incorporates by reference each and all of his prior
`
`allegations as if set forth herein.
`
`26. Defendants violated the exclusive rights of Plaintiff by
`
`distributing the Motion Pictures Commander Hamilton and After the Rain
`
`in the United States via streaming on demand, and/or for rent or sale
`
`on its Prime Video service from July 2017 to a date presently unknown,
`
`but
`
`to be confirmed through discovery.
`
`2?. Defendants distribution of the Motion Pictures Commander
`
`Hamilton and After the Rain in the United States via streaming on
`
`demand, and/or for rent or sale on its Prime Video service was done
`
`without obtaining Plaintiff’s license, approval or authorization.
`
`28.
`
`The acts of infringement by Defendants have been willful,
`
`intentional, and in disregard and with indifference to the rights of
`
`Plaintiff.
`
`29.
`
`As a direct and proximate result of Defendants’
`
`infringement of RH’s copyrights and exclusive rights under
`
`copyright in the Motion Pictures, RH is entitled to maximum
`
`statutory damages, pursuant to l? U.S.C.
`
`§ 504(c},
`
`in the amount
`
`of $150,000 with respect to each work infringed, or such other
`
`amounts as may be proper under 17 U.S.C. § 504(0). Alternatively,
`
`
`
`
`
`
`
`
`
`
`Case 1:20-cv-04928-PAE Document 1 Filed 06/26/20 Page 10 of 17
`Case 1:20-cv-04928—PAE Document 1 Filed 06/26/20 Page 10 of 17
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`at RH's election, pursuant to 17 U.S.C. § 504(b), RH shall be
`
`entitled to its actual damages,
`
`including Defendants’ profits from
`
`infringement, as will be proven at trial.
`
`30.
`
`RH is entitled to his costs,
`
`including reasonable
`
`attorneys'
`
`fees, pursuant to l? U.S.C. § 505.
`
`COUNT II
`
`Contributory Infringement of Copyrights in the United States
`
`31.
`
`RH incorporates by reference each and all of his prior
`
`allegations as if set forth herein.
`
`32. Defendants maintain the website Amazon.com and offer the
`
`Prime Video service to subscribers via Amazon.com,
`
`through which
`
`Defendants violated the exclusive rights of RB by distributing,
`
`without Plaintiff's license or authorization,
`
`the Motion Pictures
`
`Cemmander Hamilton and After the Rain via on demand stream, rental
`
`and/or sale to Prime Video subscribers.
`
`33. Defendants also develop, maintain and distribute the
`
`Prime Video App and offer the Prime Video service to subscribers
`
`via the Prime Video App,
`
`through which Defendants violated the
`
`exclusive rights of RH by distributing, without Plaintiff’s
`
`license or authorization,
`
`the Motion Pictures Commander Hamilton
`
`and After the Rain via on demand stream, rental and/or sale to Prime
`
`Video subscribers.
`
`34. Defendants, by facilitating, managing or directing
`
`unauthorized distributions of the Motion Pictures Commander Hamilton
`
`and After the Rain,
`
`to which RH owns or holds the exclusive rights,
`
`materially contributed to the violation of the copyright laws by Prime
`
`10
`
`
`
`
`
`Case 1:20-cv-04928-PAE Document 1 Filed 06/26/20 Page 11 of 17
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`Video subscribers in that Defendants have offered to, and entered into
`
`agreements with, subscribers of Prime Video, resulting in the
`
`unauthorized and unlicensed distribution, streaming, rental and/or
`
`purchase of the Motion Pictures Commander Hamilton and After the Rain,
`
`by Prime Video subscribers, either through the Amazon.com website or
`
`the Prime Video App.
`
`35.
`
`The acts of contributory infringement by Defendants have
`
`been committed willfully and with the knowledge that their conduct
`
`aided and abetted Prime Video subscribers' violations of the exclusive
`
`rights of Plaintiff to distribute the Motion Pictures Commander
`
`Hamilton and After the Rain.
`
`36.
`
`Each unlawful distribution of the Motion Pictures Commander
`
`Hamilton and After the Rain — whether by on demand stream, rental
`
`and/or sale — constitutes a separate act of contributory infringement
`
`for which Plaintiff is entitled to actual damages.
`
`3?.
`
`As a direct and proximate result of Defendants’
`
`contributory infringement of RH’S copyrights and exclusive rights
`
`under copyright, RH is entitled to maximum statutory damages,
`
`pursuant to 17 U.S.C. § 504(c),
`
`in the amOunt of $150,000 with
`
`respect to each work infringed, or such other amounts as may be
`
`proper under 17 U.S.C. § 504(c). Alternatively, at RH’s election,
`
`pursuant
`
`to 17 U.S.C. § 504(b), RH shall be entitled to his actual
`
`damages,
`
`including Defendant's profits from infringement, as will
`
`be proven at trial.
`
`38.
`
`RH is entitled to his costs,
`
`including reasonable
`
`attorneys'
`
`fees, pursuant to 17 U.S.C.
`
`§ 505.
`
`ll
`
`
`
`
`
`Case 1:20-cv-04928-PAE Document 1 Filed 06/26/20 Page 12 of 17
`Case 1:20-cv-04928—PAE Document 1 Filed 06/26/20 Page 12 of 17
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`COUNT III
`
`Contributory Infringement of Copyrights in Motion Pictures
`Streamed or Distributed To Foreign Countries From
`Servers Hosted in the United States
`
`40.
`
`RH incorporates by reference each and all of its prior
`
`allegations as if set forth herein.
`
`41. Defendants’ stored digital copies of the Motion Pictures
`
`Commander Hamilton, After the Rain, Austin Powers: International man
`
`of Mystery and Drop Dead Gorgeous on their servers located in the
`
`United States.
`
`42. Defendants’ distributed these Motion Pictures - Commander
`
`Hamilton, After the Rain, Austin Powers: International Man of Mystery
`
`and Drop Dead Gorgeous w from its servers in the United States,
`
`to
`
`Prime Video subscribers located in the Foreign Countries by way of
`
`Amazon’s Prime service, which was accessible to Prime Video
`
`subscribers in the Foreign Countries via Amazon.com or Defendants'
`
`equivalent websites in the Foreign Countries, as well as through the
`
`Prime Video App.
`
`35.
`
`Because copies of these four Motion Pictures - Commander
`
`Hamilton, After the Rain, Austin Powers: International Man of Mystery
`
`and Drop Dead Gorgeous m were, without RH’s license or authorization,
`
`hosted on Defendants' servers based in the United States and then
`
`distributed from these servers to Prime Video subscribers in Foreign
`
`Countries, each such distribution of Commander Hamilton, After the
`
`Rain, Austin Powers: International Man of.Mystery and Drop Dead
`
`Gorgeous by Defendants to Prime Video subscribers in the Foreign
`
`Countries - whether by on demand stream, rental or sale ~ was without
`
`12
`
`
`
`
`
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`preper license or authorization and therefore, a violation of the
`
`C0pyright Act.
`
`43. Defendants, by facilitating, managing or directing
`
`unauthorized distributions of the Motion Pictures Commander Hamilton,
`
`After the Rain, Austin Powers: International Man of‘Mystery and Drop
`
`Dead Gorgeous,
`
`to which RH owns or holds the exclusive rights,
`
`materially contributed to the violation of the copyright laws by Prime
`
`Video subscribers in Foreign Countries in that Defendants have offered
`
`to, and entered into agreements with, subscribers of Prime Video in
`
`Foreign Countries, resulting in the unauthorized and unlicensed
`
`distribution, streaming, rental and/or purchase of the Motion Pictures
`
`Commander Hamilton, After the Rain, Austin Powers: International Man
`
`of Mystery and Drop Dead Gorgeous, by Prime Video subscribers in
`
`Foreign Countries, either through the Amazon.com or equivalent
`
`websites in the Foreign Countries, or the Prime Video App.
`
`44.
`
`The acts of contributory infringement by Defendants have
`
`been committed willfully and with the knowledge that their conduct
`
`aided and abetted violations of the exclusive rights of Plaintiff to
`
`distribute the Motion Pictures Commander Hamilton, After the Rain,
`
`Austin Powers: International Man of Mystery and Drop Dead Gorgeous in
`
`the Foreign Countries.
`
`39.
`
`Each such unlawful distribution of any of these Motion
`
`Pictures - Commander Hamilton, After the Rain, Austin Powers:
`
`International man of Mystery and Drop Dead Gorgeous — from Defendants'
`
`servers in the United States to Prime Video subscribers in the Foreign
`
`13
`
`
`
`
`
`Case 1:20-cv-04928-PAE Document 1 Filed 06/26/20 Page 14 of 17
`Case 1:20-cv-04928—PAE Document 1 Filed 06/26/20 Page 14 of 17
`
`Countries, constitutes a separate act of contributory infringement for
`
`which Plaintiff is entitled to actual damages.
`
`45.
`
`As a direct and proximate result of Defendants'
`
`infringement of RH’S copyrights and exclusive rights under
`
`copyright, RH is entitled to maximum statutory damages, pursuant
`
`to l? U.S.C. § 504(c),
`
`in the amount of $150,000 with respect to
`
`each work infringed, or such other amounts as may be proper under
`
`I? U.S.C. § 504(c). Alternatively, at RH'S election, pursuant
`
`to
`
`l? U.S.C. § 504(b), RH shall be entitled to its actual damages,
`
`including Defendants’ profits from infringement, as will be proven
`
`at trial.
`
`46.
`
`RH is entitled to its costs,
`
`including reasonable
`
`attorneys' fees, pursuant to 17 U.S.C. § 505.
`
`COUNT IV
`
`Vicarious Infringement of Copyrights in the United States
`
`47.
`
`RH incorporates by reference each and all of its prior
`
`allegations as if set forth herein.
`
`48.
`
`Amazon has a right and ability to supervise Amazon Digital
`
`and its video streaming service, Prime Video.
`
`49. Moreover, Amazon’s right and ability to supervise Amazon
`
`Digital coalesced with an obvious and direct financial interest in the
`
`exploitation of the Motion Pictures by Amazon Digital via the Prime
`
`Video service.
`
`50.
`
`By failing to supervise Amazon Digital, Amazon is
`
`vicariously liable for the direct copyright infringement by Amazon
`
`Digital
`
`in streaming the Motion Pictures commander Hamilton and
`
`14
`
`
`
`
`
`Case 1:20-cv-04928-PAE Document 1 Filed 06/26/20 Page 15 of 17
`Case 1:20-cv-04928—PAE Document 1 Filed 06/26/20 Page 15 of 17
`
`After the Rain in the United States via the Prime Video service on
`
`Amazon.com and the Prime Video App.
`
`COUNT V
`
`Copyright Infringement In Violation Of The
`Foreign Copyright Laws
`
`51.
`
`RH incorporates by reference each and all of its prior
`
`allegations as if set forth herein.
`
`52. Defendants’ stored digital copies of the Motion Pictures —
`
`Commander Hamilton, After the Rain, Austin Powers: International man
`
`of Mystery and Drop Dead Gorgeous — on their servers located in the
`
`United States.
`
`53. Defendants’ utilized the Prime Video service to stream the
`
`Motion Pictures — Commander Hamilton, After the Rain, Austin Powers:
`
`International Man of Mystery and Drop Dead Gorgeous - from their
`
`servers in the United States and/or the Foreign Countries,
`
`to Prime
`
`Video subscribers in the Foreign Countries.
`
`54. Plaintiff’s exclusive rights in the Motion Pictures —
`
`commander Hamilton, After the Rain, Austin Powers: International man
`
`of‘Mystery and Drop Dead Gorgeous — are protectable under Foreign
`
`Copyright Laws of countries that are signatories to the Berne
`
`Convention.
`
`55. Defendants' actions of distributing copies of RH's
`
`copyright protected Motion Pictures — Commander Hamilton, After the
`
`Rain, Austin Powers: International Man of Mystery and Drop Dead
`
`Gorgeous — to Prime Video subscribers in the Foreign Countries,
`
`through the Prime Video service accessible via Amazon.com or
`
`15
`
`
`
`
`
`Case 1:20-cv-04928-PAE Document 1 Filed 06/26/20 Page 16 of 17
`Case 1:20-cv-04928—PAE Document 1 Filed 06/26/20 Page 16 of 17
`
`Defendants’ equivalent websites in the Foreign Countries, or via the
`
`Prime Video App, without RH’s authorization or consent, constitutes
`
`copyright
`
`infringement under the Foreign Copyright Laws, entitling RH
`
`to money damages under the Foreign Copyright Laws,
`
`including, where
`
`applicable, statutory damages for each infringing act.
`
`WHEREFORE, Plaintiff Ralf Hartmann prays that this Court enter
`
`judgment against Defendants Amazon.com,
`
`Inc. and Amazon Digital
`
`Services LLC, as follows:
`
`(a)
`
`(b)
`
`(c)
`
`That Defendants be held to have infringed upon
`Plaintiff's copyrights in violation of the Copyright
`Act of 1976, 17 U.S.C. §§ 501 et seq.;
`
`that Defendants be held to have willfully infringed
`upon Plaintiff's cepyrights in violation of the
`Copyright Act of 19?6, 17 0.3.0. §§ 501 et seq.;
`
`that an accounting be had and judgment be rendered
`against Defendants for the profits, gains, and
`advantages derived from their wrongful actions, with
`such amounts to be increased and trebled as provided
`by law because of the willful and deliberate nature of
`Defendants’ actions;
`
`(d)
`
`compensatory damages and full restitution of all funds
`acquired from Defendant's unfair business practices,
`including disgorgement of profits;
`
`(e)
`
`actual damages suffered by Plaintiff;
`
`(f)
`
`and/or statutory damages upon Plaintiff's election;
`
`(g)
`
`punitive damages,
`
`to be awarded to Plaintiff;
`
`(h)
`
`costs of Suit herein:
`
`(i)
`
`costs of investigation;
`
`(j)
`
`both pre- and post—judgment interest on any amounts
`awarded;
`
`(k)
`
`payment of reasonable attorneys' fees;
`
`(1)
`
`declaratory relief: and
`
`16
`
`
`
`
`
`Case 1:20-cv-04928-PAE Document 1 Filed 06/26/20 Page 17 of 17
`Case 1:20-cv-04928—PAE Document 1 Filed 06/26/20 Page 17 of 17
`
`(m)
`
`such other and further relief as the Court may deem
`
`just and proper.
`
`DEMAND FOR A JURY TRIAL
`
`As to all causes of action, where applicable, Plaintiff demands a
`
`jury trial.
`
`Dated: New York, New York
`
`June 26, 2020
`
`LEBOWITZ LAW OFFICE, LLC
`
`BY:uw”‘“~w":k‘ g2§t:::‘-
`
`Marc A. Lebowitz
`
`Keith M. Getz
`
`747 Third Avenue
`
`23rd Floor
`
`New York, New York 10017
`(212) 682—6818
`
`Attorneys for Ralf Hartmann
`
`
`
`
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