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`Case 2:20-cv-00237 Document 1 Filed 02/14/20 Page 1 of 6
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
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`CHRISTOPHER BOFFOLI, an
`individual,
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`Plaintiff,
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`
`
`v.
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`FACEBOOK, INC., a Delaware
`corporation,
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`
`
`
`Defendant.
`
`Case No. 2:20-cv-237
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`COMPLAINT FOR COPYRIGHT
`INFRINGEMENT
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`DEMAND FOR JURY TRIAL
`
`CHRISTOPHER BOFFOLI, (“Boffoli” or “Plaintiff”) hereby alleges for his
`complaint against FACEBOOK, INC. (“Facebook” or “Defendant”) upon
`personal information as to Plaintiff’s own activities, and upon information and
`belief as to the activities of others, as follows:
`NATURE OF THE CASE
`1. This is a claim for copyright infringement arising under the copyright
`laws of the United States, Title 17 of the United States Code.
`JURISDICTION AND VENUE
`2. This Court has exclusive subject matter jurisdiction over this action
`pursuant to 28 U.S.C. §§ 1331 and 1338(a).
`
`COMPLAINT FOR COPYRIGHT
`INFRINGEMENT—1
`
`
`
`Newman Du Wors LLP
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`2101 Fourth Avenue, Suite 1500
`Seattle, Washington 98121
`(206) 274-2800
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`

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`Case 2:20-cv-00237 Document 1 Filed 02/14/20 Page 2 of 6
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`3. This Court has personal jurisdiction over Facebook because it conducts
`substantial business in the State of Washington and because the acts and omissions
`in question occurred here.
`4. The claims alleged in this Complaint arise in the State of Washington
`and the Western District of Washington and elsewhere.
`5. Venue is appropriate pursuant to 28 U.S.C. § 1391(b)(1–3).
`PARTIES
`6. Plaintiff is an individual and resident of the state of Washington.
`7. Facebook is a Delaware corporation with its principal place of business in
`Palo Alto, California.
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`FACTS
`A. Boffoli created copyrightable photographs and registered them with the
`U.S. Copyright Office.
`8. Boffoli is a fine art, editorial, and commercial photographer who created
`“Big Appetites,” a series of photographs featuring tiny figures photographed
`against real food backdrops. Big Appetites has been published in more than 100
`countries around the world and has been featured in major publications such as the
`New York Times, Washington Post, NPR, and CBS This Morning, among many
`others.
`9. Fine art photographs from Boffoli’s Big Appetites collection can be
`found in galleries and private collections in the US, Canada, Europe and Asia.
`Boffoli is frequently hired by top advertising agencies and brands for commercial
`commissions based on his work. He also is hired by various publications for
`editorial commissions. Boffoli’s images frequently are licensed for publication in
`books, magazines, calendars, online publications, commercial websites, and
`greeting cards.
`10. Boffoli’s business is based on licensing and selling the photographs he
`creates. Big Appetites fine art photographs are currently available for purchase at
`2101 Fourth Avenue, Suite 1500
`Seattle, Washington 98121
`(206) 274-2800
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`COMPLAINT FOR COPYRIGHT
`INFRINGEMENT—2
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`

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`Case 2:20-cv-00237 Document 1 Filed 02/14/20 Page 3 of 6
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`fine art galleries and have also been included in museum exhibitions in the US and
`abroad.
`11. Boffoli registered each photograph in the Big Appetites series with the
`U.S. Copyright Office and has Copyright Registration Nos. VAu001106484 (2011),
`VAu001148370 (2013), VA0001948517 (2013), and VAu001198948 (2015).
`B. Facebook’s customer posts photographs from Big Appetites without
`license or permission from Boffoli on webpages housed on Facebook’s
`platform.
`12. Facebook provides services to at least one user and allowed that user or
`users to display content on Facebook’s platform, including content that infringes
`on Boffoli’s copyright (the “Infringing Content”).
`13.
` The Infringing Content displayed by Facebook contains numerous
`photographs from Big Appetites without license or permission from Boffoli. A copy
`of the infringing content is provided as Exhibit A.
`C. Facebook failed to prevent the Infringing Content from being accessible
`over the Internet despite notice from Boffoli.
`14. Facebook can remove the Infringing Content displayed on Facebook’s
`platform. Facebook can also disable its users’ ability to post content to the Internet.
`15. Facebook’s registration with the United States Copyright Office for
`receipt of Digital Millenium Copyright Act (“DMCA”) identifies “ip@fb.com” as
`the email address of its designated agent. A copy of Facebook’s registration is
`provided as Exhibit B.
`16. Between August and October 2019 Boffoli issued DMCA takedown
`notices reporting the Infringing Content immediately after he discovered that
`Facebook was displaying copies of his copyrighted works. Facebook reported that it
`removed the Infringing Content. Boffoli’s correspondence with Facebook is
`attached as Exhibit C.
`17. Boffoli never authorized his work to be posted on Facebook.
`2101 Fourth Avenue, Suite 1500
`Seattle, Washington 98121
`(206) 274-2800
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`COMPLAINT FOR COPYRIGHT
`INFRINGEMENT—3
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`Case 2:20-cv-00237 Document 1 Filed 02/14/20 Page 4 of 6
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`18. As late as January 9, 2020—more than 100 days after receiving Boffoli’s
`first notice—Facebook had not removed or disabled access to the Infringing
`Content. (See Exhibit A.)
`19. On or about January 30, 2020, Facebook removed or disabled access to
`the Infringing Content only after communication from Boffoli’s attorney. Facebook
`admitted it failed to previously remove the material despite notice and stated that
`its failure to do so was due to a technical error.
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`CAUSE OF ACTION
`Copyright Infringement and Contributory Copyright Infringement
`
`20. Boffoli hereby incorporates Paragraphs 1–19 by reference.
`21. Boffoli is, and at all relevant times has been, the owner of the copyright
`in the photographs in the Big Appetites series.
`22. Each photograph in Big Appetites is copyrightable subject matter under
`17 U.S.C. § 102(a)(5).
`23. Boffoli has complied in all respects with the provisions of the Copyright
`Act and all regulations thereunder.
`24. Boffoli registered the copyright in each photograph in Big Appetites with
`the United States Copyright Office.
`25. Boffoli has the exclusive rights under 17 U.S.C. § 106 to (1) reproduce
`the photographs in Big Appetites, (2) prepare derivative works based on Big
`Appetites, (3) distribute copies of Big Appetites, and (4) display Big Appetites
`publicly.
`26. Without the permission or consent of Boffoli, photographs from Big
`Appetites were reproduced, derivative works were made from, copies were
`distributed of, and the photographs were displayed on Facebook’s platform.
`27. Boffoli’s exclusive rights in the photographs in Big Appetites were
`violated.
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`COMPLAINT FOR COPYRIGHT
`INFRINGEMENT—4
`
`
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`Newman Du Wors LLP
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`2101 Fourth Avenue, Suite 1500
`Seattle, Washington 98121
`(206) 274-2800
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`

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`Case 2:20-cv-00237 Document 1 Filed 02/14/20 Page 5 of 6
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`28. Facebook induced, caused, or materially contributed to the Infringing
`Content’s publication.
`29. Facebook had actual knowledge of the Infringing Content. Boffoli
`provided notice to Facebook in compliance with the DMCA, and Facebook failed
`to expeditiously disable access to or remove the Infringing Content.
`30. Facebook acted willfully.
`31. Alternatively, Facebook directly infringed Boffoli’s copyrights by
`continuing to allow public access to the Infringing Content on Facebook’s
`platform.
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`RELIEF REQUESTED
`WHEREFORE, Boffoli asks this Court to enter judgment against Facebook
`granting the following relief:
`1. Temporary and permanent injunctions preventing and restraining
`infringement of Big Appetites by Facebook under 17 U.S.C. § 502;
`2. An order requiring the destruction of all copies made by or under the
`control of Facebook of the photographs in Big Appetites and all articles by which
`such copies may be reproduced under 17 U.S.C. § 503;
`3. An award of the actual damages suffered by Boffoli as the result of
`Facebook’s infringement plus the profits of Facebook attributable to the
`infringement under 17 U.S.C. § 504(b);
`4. Alternatively, if Boffoli so elects, an award of statutory damages for each
`infringement of Big Appetites under 17 U.S.C. § 504;
`5. A judgment that Facebook’s infringement was willful and an increased
`statutory damage award under 17 U.S.C. § 504(c)(2);
`6. An award of Plaintiff’s full costs including a reasonable attorney’s fee
`under 17 U.S.C. § 505; and
`7. For such other and further relief as may be just and proper under the
`circumstances.
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`COMPLAINT FOR COPYRIGHT
`INFRINGEMENT—5
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`
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`Newman Du Wors LLP
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`2101 Fourth Avenue, Suite 1500
`Seattle, Washington 98121
`(206) 274-2800
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`

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`Case 2:20-cv-00237 Document 1 Filed 02/14/20 Page 6 of 6
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`Dated: February 14, 2020
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`Respectfully submitted,
`Newman Du Wors LLP
`
`
`
`s/ Keith Scully
`Keith Scully, WSBA No. 26877
`2101 Fourth Avenue, Suite 1500
`Seattle, WA 98121
`Telephone:
`Facsimile:
`Email:
`
`(206) 274-2800
`(206) 274-2801
`keith@newmanlaw.com
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`Counsel for Plaintiff
`Christopher Boffoli
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`JURY DEMAND
`Pursuant to Fed. R. Civ. P. 38(b), Plaintiff Christopher Boffoli demands a trial
`by jury of all issues presented in this complaint which are triable by jury.
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`Dated: February 14, 2020
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`Respectfully submitted,
`Newman Du Wors LLP
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`s/ Keith Scully
`Keith Scully, WSBA No. 26877
`
`
`
`Counsel for Plaintiff
`Christopher Boffoli
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`COMPLAINT FOR COPYRIGHT
`INFRINGEMENT—6
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`Newman Du Wors LLP
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`2101 Fourth Avenue, Suite 1500
`Seattle, Washington 98121
`(206) 274-2800
`
`