Case 1:20-cv-00420-LY Document 1 Filed 04/20/20 Page 1 of 5
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
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`- against -
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` Defendant.
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`Docket No. 1:20-cv-420
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`JURY TRIAL DEMANDED
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`ANTHONY AYIOMAMITIS,
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` Plaintiff,
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`SINCLAIR TELEVISION GROUP, INC.
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`COMPLAINT
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`Plaintiff Anthony Ayiomamitis (“Ayiomamitis” or “Plaintiff”) by and through his
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`undersigned counsel, as and for his Complaint against Defendant Sinclair Television Group, Inc.
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`(“Sinclair Television” or “Defendant”) hereby alleges as follows:
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` NATURE OF THE ACTION
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`1.
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`This is an action for copyright infringement under Section 501 of the Copyright
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`Act. This action arises out of Defendant’s unauthorized reproduction and public display of a
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`copyrighted photograph of a lunar apogee and perigee, owned and registered by Ayiomamitis, a
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`professional photographer. Accordingly, Ayiomamitis seeks monetary relief under the Copyright
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`Act of the United States, as amended, 17 U.S.C. § 101 et seq.
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`JURISDICTION AND VENUE
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`This claim arises under the Copyright Act, 17 U.S.C. § 101 et seq., and this Court
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`2.
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`has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1338(a).
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`3.
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`Upon information and belief, this Court has personal jurisdiction over Defendant
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`because Defendant resides and/or transacts business in Texas.
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
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`- against -
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`
`
`
` Defendant.
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`
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`Docket No. 1:20-cv-420
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`JURY TRIAL DEMANDED
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`ANTHONY AYIOMAMITIS,
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` Plaintiff,
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`SINCLAIR TELEVISION GROUP, INC.
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`COMPLAINT
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`Plaintiff Anthony Ayiomamitis (“Ayiomamitis” or “Plaintiff”) by and through his
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`undersigned counsel, as and for his Complaint against Defendant Sinclair Television Group, Inc.
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`(“Sinclair Television” or “Defendant”) hereby alleges as follows:
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` NATURE OF THE ACTION
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`1.
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`This is an action for copyright infringement under Section 501 of the Copyright
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`Act. This action arises out of Defendant’s unauthorized reproduction and public display of a
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`copyrighted photograph of a lunar apogee and perigee, owned and registered by Ayiomamitis, a
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`professional photographer. Accordingly, Ayiomamitis seeks monetary relief under the Copyright
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`Act of the United States, as amended, 17 U.S.C. § 101 et seq.
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`JURISDICTION AND VENUE
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`This claim arises under the Copyright Act, 17 U.S.C. § 101 et seq., and this Court
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`2.
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`has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1338(a).
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`3.
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`Upon information and belief, this Court has personal jurisdiction over Defendant
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`because Defendant resides and/or transacts business in Texas.
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`Case 1:20-cv-00420-LY Document 1 Filed 04/20/20 Page 2 of 5
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`4.
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`5.
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`Venue is proper in this District pursuant to 28 U.S.C. § 1391(b).
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`PARTIES
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`Ayiomamitis is a professional photographer in the business of licensing his
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`photographs for a fee having a usual place of business at Agapis 2, Nea Palatia-Oropou, Attiki
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`19015 Greece.
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`6.
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`Upon information and belief, Sinclair Television is a business corporation with a
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`place of business at 10700 Metric Blvd, Austin, Texas 78758. At all times material hereto,
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`Sinclair Television has owned and operated a website at the URL: www.WJLA.com (the
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`“Website”).
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`A.
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`7.
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`STATEMENT OF FACTS
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`Background and Plaintiff’s Ownership of the Photograph
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`Ayiomamitis photographed a lunar apogee and perigee (the “Photograph”). A true
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`and correct copy of the Photograph is attached hereto as Exhibit A.
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`8.
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`Ayiomamitis is the author of the Photograph and has at all times been the sole
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`owner of all right, title and interest in and to the Photograph, including the copyright thereto.
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`9.
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`The Photograph was registered with United States Copyright Office and was
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`given Copyright Registration Number VA 2-112-849.
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`B.
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`10.
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`Defendant’s Infringing Activities
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`On April 6, 2020, Sinclair Television ran an article on the Website entitled Pink
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`Supermoon: When to see the biggest and brightest moon of 2020. See:
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`https://wjla.com/weather/stormwatch7-weather-blog/full-pink-supermoon-when-to-see-the-
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`biggest-and-brightest-moon-of-2020. The article featured the Photograph. A true and correct
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`Case 1:20-cv-00420-LY Document 1 Filed 04/20/20 Page 3 of 5
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`copy of the article and screenshots of the Photograph on the Website are attached hereto as
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`Exhibit B.
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`11.
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`Sinclair Television did not license the Photograph from Plaintiff for its article, nor
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`did Sinclair Television have Plaintiff’s permission or consent to publish the Photograph on its
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`Website.
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`CLAIM FOR RELIEF
`(COPYRIGHT INFRINGEMENT AGAINST DEFENDANT)
`(17 U.S.C. §§ 106, 501)
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`12.
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`Plaintiff incorporates by reference each and every allegation contained in
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`Paragraphs 1-11 above.
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`13.
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`Sinclair Television infringed Plaintiff’s copyright in the Photograph by
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`reproducing and publicly displaying the Photograph on the Website. Sinclair Television is not,
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`and has never been, licensed or otherwise authorized to reproduce, publically display, distribute
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`and/or use the Photograph.
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`14.
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`The acts of Defendant complained of herein constitute infringement of Plaintiff’s
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`copyright and exclusive rights under copyright in violation of Sections 106 and 501 of the
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`Copyright Act, 17 U.S.C. §§ 106 and 501.
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`15.
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`Upon information and belief, the foregoing acts of infringement by Sinclair
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`Television have been willful, intentional, and purposeful, in disregard of and indifference to
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`Plaintiff’s rights.
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`16.
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`As a direct and proximate cause of the infringement by the Defendant of
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`Plaintiff’s copyright and exclusive rights under copyright, Plaintiff is entitled to damages and
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`Defendant’s profits pursuant to 17 U.S.C. § 504(b) for the infringement.
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`Case 1:20-cv-00420-LY Document 1 Filed 04/20/20 Page 4 of 5
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`17.
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`Alternatively, Plaintiff is entitled to statutory damages up to $150,000 per work
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`infringed for Defendant’s willful infringement of the Photograph, pursuant to 17 U.S.C. § 504(c).
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`18.
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`Plaintiff further is entitled to his attorney’s fees and full costs pursuant to
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`17 U.S.C. § 505
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff respectfully requests judgment as follows:
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`1.
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`2.
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`3.
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`4.
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`5.
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`That Defendant Sinclair Television be adjudged to have infringed upon Plaintiff’s
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`copyrights in the Photograph in violation of 17 U.S.C §§ 106 and 501;
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`That Plaintiff be awarded either: a) Plaintiff’s actual damages and Defendant’s
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`profits, gains or advantages of any kind attributable to Defendant’s infringement
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`of Plaintiff’s Photograph; or b) alternatively, statutory damages of up to $150,000
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`per copyrighted work infringed pursuant to 17 U.S.C. § 504;
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`That Plaintiff be awarded his costs, expenses and attorneys’ fees pursuant to 17
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`U.S.C. § 505;
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`That Plaintiff be awarded pre-judgment interest; and
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`Such other and further relief as the Court may deem just and proper.
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`DEMAND FOR JURY TRIAL
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`Plaintiff hereby demands a trial by jury on all issues so triable in accordance with Federal
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`Rule of Civil Procedure 38(b).
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`Dated: Valley Stream, New York
`April 20, 2020
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`LIEBOWITZ LAW FIRM, PLLC
`By: /s/Richard Liebowitz
` Richard P. Liebowitz
`11 Sunrise Plaza, Suite 305
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`Case 1:20-cv-00420-LY Document 1 Filed 04/20/20 Page 5 of 5
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`Valley Stream, NY 11580
`Tel: (516) 233-1660
`RL@LiebowitzLawFirm.com
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` Attorneys for Plaintiff Anthony Ayiomamitis
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