Case 1:22-cv-07500-GHW Document 1 Filed 08/31/22 Page 1 of 9
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`Betty Bynum
`1321 South Cloverdale Avenue
`Los Angeles, CA 90019
`Telephone: (323) 528-7495
`bettykbynum@gmail.com
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`Plaintiff in pro per
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
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` Betty Bynum, an individual,
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`Plaintiff,
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`Penguin Random House LLC, a Delaware
`company; Nancy Paulson Books; DOES 1-50,
`inclusive
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`Defendants
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` Case No.
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`COMPLAINT FOR DAMAGES FOR:
`1. COPYRIGHT INFRINGEMENT
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`DEMAND FOR JURY TRIAL
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`Case 1:22-cv-07500-GHW Document 1 Filed 08/31/22 Page 2 of 9
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`PLAINTIFF in the above-captioned action hereby alleges as follows:
`PARTIES
`1.
`Plaintiff Betty Bynum is, and at all times herein relevant was, an individual residing in
`Los Angeles County, California, and the author of a wholly original book entitled “I’m a Brilliant Little
`Black Boy!” Plaintiff is an avid and successful writer, having penned other works belonging to the same
`collection of illustrated children’s books designed to inspire youths of specified demographics, including
`“I’m a Pretty Little Black Girl!” and “I’m a Lovely Little Latina!”
`2.
`Defendant Penguin Random House, LLC is, and at all times herein relevant was, a
`Delaware Limited Liability Company with its primary place of business in New York, New York.
`3.
`Defendant Nancy Paulsen Books is, and at all times herein relevant was, a business
`entity, form unknown, doing business in New York, New York.
`4.
`Plaintiff is unaware of the true names and capacities of the Defendants sued herein as
`DOES 1 through 50, inclusive, and for that reason, sues such Defendants under such fictitious names.
`Plaintiff is informed, believes, and thereon alleges that such fictitiously named Defendants are
`responsible in some manner for the occurrences herein alleged, and that Plaintiff’s damages as herein
`alleged were proximately caused by the conduct of said Defendants. Plaintiff will seek to amend the
`complaint when the names and capacities of such fictitiously named Defendants are ascertained. As
`alleged herein, “Defendants” shall mean all named Defendants and all fictitiously named Defendants.
`5.
`Plaintiff is informed, believes, and thereon alleges that Defendants at all times relevant to
`this action were the agents, servants, partners, joint venturers and employees of each of the other
`Defendants and in doing the acts alleged herein were acting with the knowledge and consent of each of
`the other Defendants in this action. Alternatively, at all times herein relevant, each of the Defendants
`conspired with each other to commit the wrongful acts complained of herein. Although not all of the
`Defendants committed all of the acts of the conspiracy or were members of the conspiracy at all times
`during its existence, each Defendant knowingly performed one or more acts in direct furtherance of the
`objectives of the conspiracy. Therefore, each Defendant is liable for the acts of all of the other
`conspirators.
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`Case 1:22-cv-07500-GHW Document 1 Filed 08/31/22 Page 3 of 9
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`JURISDICTION AND VENUE
`This action arises under the Copyright Laws of the United States (Title 17, U.S.C. §101
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`6.
`et seq.).
`7.
`This court has exclusive jurisdiction over this action under 28 U.S.C. §§1331 and 1338 in
`that this action involves claims arising under the Copyright Laws of the United States. To the extent that
`this action is based on related state claims, the Court has supplemental jurisdiction thereto under 28
`U.S.C. §1367.
`8.
`Venue is proper in this district pursuant to 28 U.S.C. §§1391 and 1400 in that Defendants
`transact business in New York County, New York.
`STATEMENT OF FACTS
`9.
`Plaintiff repeats, re-alleges, and incorporates by reference paragraphs 1 through 8 as
`though fully set forth herein.
`10.
`In or about 2016, Plaintiff authored the wholly original book entitled I’m a Brilliant Little
`Black Boy (“the Work”) with contribution by her son, Joshua B. Drummond, and illustrator Brian
`McGee. Mr. Drummond and Mr. McGee’s contributions to the work are pursuant to valid work-made-
`for-hire agreements.
`11.
`The Work was published in or about November 2016, and distributed by DreamTitle
`Publishing, an independent and community-based publishing house that Plaintiff runs out of her home.
`12.
`The Work is the latest in Plaintiff’s “I’m a Girl!” collection (“Collection”), following her
`first book published in 2013, “I’m a Pretty Little Black Girl!” and “I’m a Lovely Latina!,” which was
`published in 2015.
`13.
`The Collection is comprised of illustrated children’s’ books designed to inspire youths of
`a specified demographic and promote pride in children’s’ cultural identities.
`14.
`Plaintiff registered the Work with the U.S. Copyright Office on September 4, 2020, (reg.
`no. TX0008893956).
`15.
`Plaintiff is the owner of all copyright rights in and to the original creative work, I’m a
`Brilliant Little Black Boy, in all of its advancing, original, unique and protected permutations, and has
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`Case 1:22-cv-07500-GHW Document 1 Filed 08/31/22 Page 4 of 9
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`A review of the Work was featured in Kirkus Reviews December 1, 2016 issue, and on its
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`never assigned licensed, or otherwise transferred its copyright protection to any of the Defendants, nor
`to any other third party.
`16.
`Prior to the Work’s publication, Plaintiff promoted the Work on several media channels,
`most notably an appearance on the Steve Harvey Show on November 9, 2016. On information and belief,
`at that time, average viewership for the Steve Harvey Show was approximately 3.5 million viewers per
`episode.
`17.
`website.
`18.
`The Work received critical acclaim and celebrity endorsements from well-known figures
`such as Denzel Washington and Samuel L. Jackson as part of the ##BBRilliant campaign in 2016.
`19.
`The Work was even optioned for adaption to an animated series by Regina Hudlin,
`producer of The Boondocks.
`20.
`In addition to the above-mentioned critical acclaim, Plaintiff has enjoyed the success of
`the Work in the marketplace. From Plaintiff’s own Shopify account alone, the Work has sold about
`15,780 copies.
`21.
`The Work has also been available for purchase on major online retailers such as Target
`and Amazon since shortly after its publication.
`22.
`Upon information and belief, Defendants became aware of Plaintiff’s work, had access to
`it, and substantially imitated it.
`23.
`On or about September 1, 2020, Defendants published I Am Every Good Thing, an
`illustrated childrens’ book that is strikingly similar to the Work.
`24.
`I am Every Good Thing contains inter alia, the same copyrightable expression as the
`Work in addition to numerous other similarities in the selection and arrangement of both protected and
`non-protected elements.
`25.
`The similarities between the Work and I am Every Good Thing are so striking that it is a
`statistical impossibility that the former could have been created independently from the latter. These
`similarities include, but are not limited to, the following:
`a. Physical similarities: the works are nearly identical in format.
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`i.
`Size: both Works are 11 ½ x 9 ¼ inches in size;
`ii. Length: both Works are 32 pages long;
`iii. Cover: both works feature glossy covers with foil embossing.
`b. Theme, tone, and mood:
`i. Theme:
`1. The major theme of both works is the promotion of self-esteem and the
`conviction that young black boys have the potential to become anything
`they want in the world.
`2. Both works seek to build up and boost the self-esteem of young black
`boys by use of the themes of affirmation and self-empowerment, which
`are strong throughout both works. Even the titles start the same way, with
`a declaration of “I am” and a positive message.
`ii. Tone and mood:
`1. Both works take on celebratory, earnest tones deliberately designed to
`uplift readers and empower then to live fully in the world.
`2. Both works share the desire to promote positive cultural representations of
`young black boys and do so effectively through text and illustration.
`c. Character, plot, and sequence of events:
`i. Character:
`1. The Work follows a young black boy named Joshua, who narrates his own
`story in the first person, and conveying the lessons he has learned about
`life, himself, and his Blackness, in short prose episodes accompanied by
`cartoon-like visual images. The story is not a conventional narrative with
`a beginning, middle, and end, but stand-alone segments that combine to
`provide a more expansive portrait of Joshua.
`2. I am Every Good Thing similarly presents a sequence of panels
`incorporating text and illustration. While there is no major protagonist, it
`shares the same sequence of events of the Work. The same unnamed
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`character appears in several of the double-page spreads: a young Black
`boy, the same age as Joshua, portrayed doing several of the same
`activities.
`3. The plot and characters in each work share qualitative similarities in that
`they are created to expand the representational field for Black male
`children so that as many young Black male readers can identify with the
`characters and activities shown throughout the book.
`4. The illustration in both works are visually alike, with the characters
`displaying similar posture and wearing similar clothing. The illustrations
`in both works use negative space in the same way.
`5. Both works feature the protagonist/commonly recurring characters
`participating in the same activities—basketball, hip hop, and science
`experiments, for example.
`6. Both works feature a panel where the image of a young Black boy is
`leaping or flying from the left side of the page to the right with a
`makeshift towel for a cape, set against a bright blue sky.
`7. Both works feature a panel where a young Black boy at the left side of the
`page is peering through a magnifying telescope against a starry sky.
`8. Both works feature an image of a young black boy being raised on the
`shoulders of someone cheering him on, holding a basketball. In both
`illustrations, the basketball hoop is at the upper left, with a glinting sun at
`the upper right.
`9. On the same pages (pages 30-31) of both works, there is an illustration of
`a crowd or montage of headshots of young Black boys who vary in age
`and skin tone looking out towards and past the reader.
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`Case 1:22-cv-07500-GHW Document 1 Filed 08/31/22 Page 7 of 9
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`FIRST CLAIM FOR RELIEF
`(COPYRIGHT INFRINGEMENT)
`(As to all Defendants)
`26.
`Plaintiff repeats, re-alleges, and incorporates by reference the allegations set forth
`hereinabove as though fully set forth herein.
`27.
`Plaintiff is the author of a wholly original work, I’m a Brilliant Little Black Boy, in which
`she holds a valid copyright registration.
`28.
`The Work, which was published in 2016, has enjoyed critical acclaim and commercial
`success. The Work was featured on a television program with extensive viewership, has received
`celebrity endorsement, and has been widely available for purchase on major retail platforms since its
`publication.
`29.
`On or about September 1, 2020, Defendants published “I am Every Good Thing.”
`30.
`The Work and I am Every Good Thing are, for the reasons set forth herein above,
`strikingly similar.
`31.
`As alleged hereinabove, Defendants have infringed upon Plaintiff’s copyright by copying
`wholly original elements from Plaintiff’s Work, without any permission, in I am Every Good Thing.
`32.
`Upon information and belief, Defendants thereafter intentionally distributed, published,
`sold, conveyed, and otherwise exploited I am Every Good Thing without authorization, in violation of
`Plaintiff’s rights.
`33.
`Upon information and belief, Defendants have intentionally violated the Federal
`Copyright Act, Title 17 U.S.C. §101 et seq., entitling Plaintiff to all damages and remedies provided by
`the Act.
`34.
`Upon information and belief, Defendants continue to infringe upon Plaintiff’s copyrights,
`causing Plaintiff irreparable injury and damage. Said infringement entitles Plaintiff to actual and
`statutory damages, injunctive and other relief provided by the Copyright Act.
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`Case 1:22-cv-07500-GHW Document 1 Filed 08/31/22 Page 8 of 9
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`RELIEF REQUESTED
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`WHEREFORE, Plaintiff prays:
`ON THE FIRST CAUSE OF ACTION:
`1.
`For a preliminary and permanent injunction enjoining Defendants from infringing the
`copyrights of Plaintiff in any manner;
`2.
`For actual damages and profits according to proof;
`3.
`That Defendants be required to pay to Plaintiff such damages as Plaintiff has sustained in
`consequence of Defendants’ infringements of Plaintiff’s copyright and to account for:
`a.
`All gains, profits and advantages derived by Defendants by their infringement of
`Plaintiff’s copyright or such damages as the Court shall deem proper within the
`provisions of the copyright statute, but no less than $2,000,000;
`That Defendants deliver up to be impounded during the pendency of this action all copies
`of said infringing work as in its possession or under its control and deliver up for
`destruction all infringing copies and all plates, molds, or other matter used to make
`infringing copies.
`4.
`For statutory damages, costs, and attorney fees with respect to I am Every Good Thing,
`and any other derivative works;
`5.
`For an accounting;
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`For costs of suit and interest; and,
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`For such relief as is just and proper.
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`b.
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`Dated: August 31, 2022
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`_________________/s/ Betty Bynum_____
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`Betty Bynum
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`Plaintiff in pro per
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`DEMAND FOR JURY TRIAL
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`Plaintiff hereby demands a jury trial on all issues so triable.
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`Case 1:22-cv-07500-GHW Document 1 Filed 08/31/22 Page 9 of 9
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`Dated: August 31, 2022
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`_________________/s/ Betty Bynum_____
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`Betty Bynum
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`Plaintiff in pro per
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