Case 1:22-cv-04949 Document 1 Filed 06/13/22 Page 1 of 8
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`SANDERS LAW GROUP
`Craig B. Sanders Esq.
`100 Garden City Plaza, Suite 500
`Garden City, NY 11530
`Tel: (516) 203-7600
`Email: csanders@sanderslaw.group
`File No.: 124680
`Attorneys for Plaintiff
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
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`FNTV, LLC,
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`Plaintiff,
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`v.
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`Red Apple Media, Inc.,
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`Defendant.
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`Case No:
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`COMPLAINT
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`DEMAND FOR JURY TRIAL
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`Plaintiff FNTV, LLC (“Plaintiff”), by and through its undersigned counsel, for its
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`Complaint against defendant Red Apple Media, Inc. (“Defendant”) states and alleges as follows:
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`INTRODUCTION
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`1.
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`2.
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`This action seeks to recover damages for copyright infringement.
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`Plaintiff herein creates videos and owns the rights to these videos which Plaintiff
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`licenses for various uses including online publications and TV stations.
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`3.
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`4.
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`Defendant owns and operates a website known as wabcradio.com (the “Website”).
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`Defendant, without permission or authorization from Plaintiff actively copied,
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`stored, and/or displayed Plaintiff's Video on the Website and engaged in this misconduct
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`knowingly and in violation of the United States copyright laws.
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`PARTIES
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`1
`PLAINTIFF'S COMPLAINT
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`Case 1:22-cv-04949 Document 1 Filed 06/13/22 Page 2 of 8
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`5.
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`FNTV, LLC is a New York limited liability company and maintains its principal
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`place of business at 31- 64 21st Street, Astoria, Queens in New York City, New York.
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`6.
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`Upon information and belief, Defendant Red Apple Media, Inc., is a New York
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`Corporation with a principal place of business at 800 Third Avenue, Manhattan in New York City,
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`New York and is liable and responsible to Plaintiff based on the facts herein alleged.
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`JURISDICTION AND VENUE
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`7.
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`This Court has subject matter jurisdiction over the federal copyright infringement
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`claims pursuant to 28 U.S.C. §1338(a) and 28 U.S.C. §1331.
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`8.
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`This Court has personal jurisdiction over Red Apple Media, Inc. because it
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`maintains its principal place of business in New York.
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`9.
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`Venue is proper under 28 U.S.C. §1391(a)(2) because Red Apple Media, Inc. does
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`business in this Judicial District and/or because a substantial part of the events or omissions giving
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`rise to the claim occurred in this Judicial District.
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`FACTS COMMON TO ALL CLAIMS
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`10.
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`Plaintiff is a professional videographer by trade who is the legal and rightful owners
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`of videos which Plaintiff licenses to online publications and television stations.
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`11.
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`Plaintiff has invested significant time and money in building Plaintiff's video
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`portfolio.
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`12.
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`Plaintiff has obtained active and valid copyright registrations from the United States
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`Copyright Office (the “USCO”) which cover many of Plaintiff's videos while many others are the
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`subject of pending copyright applications.
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`13.
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`Plaintiff's videos are original, creative works in which Plaintiff owns protectable
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`copyright interests.
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`2
`PLAINTIFF'S COMPLAINT
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`Case 1:22-cv-04949 Document 1 Filed 06/13/22 Page 3 of 8
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`14.
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`15.
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`The Website is a popular and lucrative commercial enterprise.
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`The Website is monetized in that it contains paid advertisements and, upon
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`information and belief, Defendant profits from these activities.
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`16.
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`The Website is monetized in that sells merchandise to the public and, upon
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`information and belief, Defendant profits from these activities.
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`17.
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`On September 20, 2021, Plaintiff authored a video of a group of protestors
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`confronting a member of the New York City “Guardian Angels” (the “Video”). A copy of a still-
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`image single frame screengrab from the Video is attached hereto as Exhibit 1.
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`18.
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`Plaintiff applied to the USCO to register the Video on or about October 7, 2021
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`under Application No. 1-10895301111.
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`19.
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`The Video was registered by the USCO on October 7, 2021 under Registration No.
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`PA 2-319-971.
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`20.
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`On September 28, 2021, Plaintiff first observed the Video on the Website in a story
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`dated September 21, 2021. A copy of the same single frame screengrab from the Video on the
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`Website is attached hereto as Exhibit 2.
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`21.
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`In addition, Plaintiff observed a single frame image (the “Video Image”) also
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`sourced from the Video on the Website.
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`22.
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`The Video as well as
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`the Video
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`Image were displayed at URL:
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`https://wabcradio.com/2021/09/21/blm-protestors-verbally-attack-guardian-angels-member-on-
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`upper-west-side/ (Exhibit 2-Infringement #1-2).
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`23.
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`The Video Image was stored at URL: https://dehayf5mhw1h7.cloudfront.net/wp-
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`content/uploads/sites/1494/2021/09/21001218/GUARDIAN-ANGELS-MEMBER-
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`ATTACKED.png.
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`3
`PLAINTIFF'S COMPLAINT
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`Case 1:22-cv-04949 Document 1 Filed 06/13/22 Page 4 of 8
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`24. Without permission or authorization from Plaintiff, Defendant volitionally selected,
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`copied, stored and/or displayed the Video as well as the Video image as is set forth in Exhibit “1”
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`on the Website.
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`25.
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`Upon information and belief, the Video and Video Image were copied, stored and
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`displayed without license or permission, thereby infringing on Plaintiff's copyrights (hereinafter
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`singularly the “Infringement” and collectively the “Infringements”).
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`26.
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`The Infringements include a URL (“Uniform Resource Locator”) for a fixed
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`tangible medium of expression that was sufficiently permanent or stable to permit it to be
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`communicated for a period of more than transitory duration and therefore constitutes a specific
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`infringement. 17 U.S.C. §106(5); Perfect 10, Inc. v. Amazon.com, Inc., 508 F.3d 1146, 1160 (9th
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`Cir. 2007).
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`27.
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`The Infringements are exact copy of the entirety and/or select segments of
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`Plaintiff's original Video that were directly copied and/or stored by Defendant on the Website.
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`28.
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`Upon information and belief, Defendant takes an active and pervasive role in the
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`content posted on its Website, including, but not limited to copying, posting, selecting,
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`commenting on and/or displaying videos including but not limited to Plaintiff's Video and Video
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`Image.
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`29.
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`Upon information and belief, Defendant directly contributes to the content posted
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`on the Website by, inter alia, directly employing reporters, authors and editors as its agents,
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`including but not limited to Chad Lopez whose LinkedIn page lists him as “President”
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`(“Employees”).
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`30.
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`Upon information and belief, at all material times the Employees were acting within
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`the course and scope of their employment when they posted the Infringement.
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`4
`PLAINTIFF'S COMPLAINT
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`Case 1:22-cv-04949 Document 1 Filed 06/13/22 Page 5 of 8
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`31.
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`Upon information and belief, at all material times the Employees were acting within
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`the course and scope of their agency when they posted the Infringement.
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`32.
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`Upon information and belief, the Video and Video Image were willfully and
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`volitionally posted to the Website by Defendant.
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`33.
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`Upon information and belief, the Infringements were not posted at the direction of
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`a “user” as that term is defined in 17 U.S.C. §512(c).
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`34.
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`Upon information and belief, Defendant engaged in the Infringements knowingly
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`and in violation of applicable United States Copyright Laws.
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`35.
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`Upon information and belief, Defendant has the legal right and ability to control
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`and limit the infringing activities on its Website and exercised and/or had the right and ability to
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`exercise such right.
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`36.
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`37.
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`Upon information and belief, Defendant monitors the content on its Website.
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`Upon information and belief, Defendant has received a financial benefit directly
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`attributable to the Infringements.
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`38.
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`Upon information and belief, the Infringements increased traffic to the Website and,
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`in turn, caused Defendant to realize an increase in its advertising revenues and/or merchandise
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`sales.
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`39.
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`Upon information and belief, a large number of people have viewed the unlawful
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`copies and/or display of the Video and Video Image on the Website.
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`40.
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`Upon information and belief, Defendant at all times had the ability to stop the
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`reproduction and display of Plaintiff's copyrighted material.
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`41.
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`Defendant's use of the Video, if widespread, would harm Plaintiff's potential market
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`for the Video.
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`5
`PLAINTIFF'S COMPLAINT
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`Case 1:22-cv-04949 Document 1 Filed 06/13/22 Page 6 of 8
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`42.
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`As a result of Defendant's misconduct, Plaintiff has been substantially harmed.
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`FIRST COUNT
` (Direct Copyright Infringement, 17 U.S.C. §501 et seq.)
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`43.
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`Plaintiff repeats and incorporates by reference the allegations contained in the
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`preceding paragraphs, as though set forth in full herein.
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`44.
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`The Video and by extension the Video Image is an original, creative work in which
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`Plaintiff owns valid copyright properly registered with the United States Copyright Office.
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`45.
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`Plaintiff has not licensed Defendant the right to use the Video in any manner, nor
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`has Plaintiff assigned any of its exclusive rights in the copyrights to Defendant.
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`46. Without permission or authorization from Plaintiff and in willful violation of
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`Plaintiff's rights under 17 U.S.C. §106, Defendant improperly and illegally copied, stored,
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`reproduced, distributed, adapted, and/or publicly displayed works copyrighted by Plaintiff thereby
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`violating one of Plaintiff's exclusive rights in its copyrights.
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`47.
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`Defendant's reproduction of the Video and display of the Video constitutes willful
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`copyright infringement. Feist Publications, Inc. v. Rural Telephone Service Co., Inc., 499 U.S.
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`340, 361 (1991).
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`48.
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`Plaintiff is informed and believes and thereon alleges that the Defendant willfully
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`infringed upon Plaintiff's copyrighted Video in violation of Title 17 of the U.S. Code, in that they
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`used, published, communicated, posted, publicized, and otherwise held out to the public for
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`commercial benefit, the original and unique Video of the Plaintiff without Plaintiff's consent or
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`authority, by using it in the infringing article on the Website.
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`49.
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`As a result of Defendant's violations of Title 17 of the U.S. Code, Plaintiff is entitled
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`to an award of actual damages and disgorgement of all of Defendant's profits attributable to the
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`infringements as provided by 17 U.S.C. § 504 in an amount to be proven or, in the alternative, at
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`6
`PLAINTIFF'S COMPLAINT
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`Case 1:22-cv-04949 Document 1 Filed 06/13/22 Page 7 of 8
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`Plaintiff's election, an award for statutory damages against the Defendant for each infringement
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`pursuant to 17 U.S.C. § 504(c).
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`50.
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`As a result of the Defendant's violations of Title 17 of the U.S. Code, the court in
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`its discretion may allow the recovery of full costs as well as reasonable attorney's fees and costs
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`pursuant to 17 U.S.C. § 505 from Defendant.
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`51.
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`As a result of Defendant's violations of Title 17 of the U.S. Code, Plaintiff is entitled
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`to injunctive relief to prevent or restrain infringement of his copyright pursuant to 17 U.S.C. § 502.
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`JURY DEMAND
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`52.
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`Plaintiff hereby demands a trial of this action by jury.
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`PRAYER FOR RELIEF
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`WHEREFORE Plaintiff respectfully requests judgment as follows:
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`That the Court enters a judgment finding that Defendant has infringed on Plaintiff's rights
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`to the Video in violation of 17 U.S.C. §501 et seq. and award damages and monetary relief as
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`follows:
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`a.
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`finding that Defendant infringed upon Plaintiff's copyright interest in the
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`Video by copying and displaying without a license or consent;
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`b.
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`for an award of actual damages and disgorgement of all of Defendant's
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`profits attributable to the infringements as provided by 17 U.S.C. § 504 in
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`an amount to be proven or, in the alternative, at Plaintiff's election, an award
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`for statutory damages against the Defendant for the infringement pursuant
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`to 17 U.S.C. § 504(c), whichever is larger;
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`c.
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`for an order pursuant to 17 U.S.C. § 502(a) enjoining Defendant from any
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`infringing use of any of Plaintiff's works;
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`7
`PLAINTIFF'S COMPLAINT
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`Case 1:22-cv-04949 Document 1 Filed 06/13/22 Page 8 of 8
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`d.
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`e.
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`f.
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`for costs of litigation and reasonable attorney's fees against Defendant
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`pursuant to 17 U.S.C. § 505;
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`for pre judgment interest as permitted by law; and
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`for any other relief the Court deems just and proper.
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`DATED: June 13, 2022
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`SANDERS LAW GROUP
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`By:
`/s/ Craig B. Sanders
`Craig B. Sanders, Esq.
`100 Garden City Plaza, Suite 500
`Garden City, NY 11530
`Tel: (516) 203-7600
`Email: csanders@sanderslaw.group
`File No.: 124680
`Attorneys for Plaintiff
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`8
`PLAINTIFF'S COMPLAINT
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