Strick Case, Part 2

Case 2:11-cv-04043-CBM -E Document 1-1
Filed 05/11/11 Page 1 of 13 Page ID #:25
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FIRST CLAIM FOR RELIEF C op)'ri ght Infrin gement Under Section 501 of the Cop)'right Act Against all Defendants
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62-
The use of the Plaintiffs Image(s) by the Defendants, or one or more
of them, in connection with the website "LATimes.com" and other TRIBLINE

media properties, was and is without the Plaintiff s authorrzation,license or
consent.
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63. 64.
Upon information and belief, the Defendants, or one or more of
them, have infringed the copyright(s) for
plaintiff s Image(s).
Upon information and belief, the aforementioned acts of the
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Defendants, or one or more of them, constitute federal statutory copyright
infringement under Section 501 of the Copyright Act in violation of the rights
granted to STRICK as copyright holder.
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65.
The use of each Image constitutes a separate and distinct
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infringement of Plaintiff s copyright. That each violation of each of Plaintiffs rights by each Defendant constitutes a separate and distin ct act of copyright
infringement. That upon information and belief, the Defendants, individually

artdlor collectively, have infringed at least One Hundred Seventy Four Q7Q
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20
of
Plaintiffs fmages, for a total of at least Three Hundred Forty Eight (348)
infringements of Plaintiff s copyrights.
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66. 67.
lJpon information and belief, Defendant(s)' use of the Subject
z)
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Image(s) was at all times willful, intentional and in bad faith. Defendants, or one or more of them, had actual andlor constructive
knowledge andlor through the exercise of ordinary business care and/or the
examination of public records, knew or should have known that the Plaintiff held
the copyright(s) in the Image(s); that Defendants, or one or more of them, did not
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COMPLAINT
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have (at any of the relevant times herein) a license, consent, or authori zationby
Plaintiff for the use of Plaintiffs Image(s) on its website or in any other medium of
news source employed by Defendants, or one or more of them, and that any such
use would be in violation of
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Plaintiffs copyrigh(s).
68.
Defendants, or one or more of them, purposefully changed the name
of the website section employing Plaintiff s Image(s) from "David Strick,s
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Hollywood Backlot" to "Hollywood Backlot" pursuant to Plaintiff s instruction and the Subject Unexecuted Agreement.
69.
That as a result of Defendant(s)' acts, Plaintiff has been and
will
continue to be damaged in an amount as yet to be determined. Indeed, the date(s)

or term(s) of use(s) of Plaintiff s Image(s) is as yet unknown, such information
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being within the sole custody, possession, and control of the Defenciants. or one or
more of them.
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70.
That Plaintiff is further entitled to damages, attorneys' fees and costs
under Section 504 and 505 of the Copyright Act, 17 U.S.C. Section
l0l
et., seq.,
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given the willful, intentional, malicious and bad faith nature of Defendant(s)'
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copyright infringement, and as an alternative to statutory damages, Plaintiff, at his election prior to judgment is entitled to recover his actual damages and any
additional profits of the Defendants, or one or more of them, attributable to the
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infringement as under 17 U.S.C. Sections 50a (a)-(b). SECOND CLATM FOR RELIEF C op)'ri ght Infrin gement Under Section 501 of the Coplzright Act Against All Defendants
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71.
The use of the Plaintiffs Image(s) by the Defendants, or one or more
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of them, in relation the website "LATimes.com" and other TRIBLINE website(s),

was and is without the Plaintiff s authorization, license or consent.
COMPLAINT
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a
Upon information and belief, the Defendants, or one or more of them, have infringed the copyright(s) for praintiffls Image(s).
72.
73.
Upon information and belief, the aforementioned acts of the
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5
Defendants, or one or more of them, constitute federal statutory copyright
infringement under Section 501 of the Copyright Act in violation of the rights
granted to STRICK as copyright holder.
74.
8
That the use of each Image constitutes a separate and distinct
infringement of Plaintiff s copyright. That each violation of each of plaintiffs

rights by each Defendant constitutes a separate and distinct act of copyright
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infringement. Upon information and belief the Defendants, individually and/or collectively, have infringed at least One Hundred Seventy Foar (174) of Plaintiff
Images, for a total of at least Three Hundred Forty Eight (345) infringements
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of
Plaintiff s copyrights.
75
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Upon information and belief, Defendants, or one or more of them,
had actual and/or constructive knowledge andlor through the exercise of ordinary business care and/or the examination of public records, knew or should have known that Plaintiff held the copyright(s) in the Image(s), that Defendants, or one or more
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of them did not have (at any of the relevant times herein) a license, consent, or authorization by Plaintiff for the use of Plaintiff s Image(s) on its website or in any
other medium of news source employed by Defendants, or one or more of them,
and that any such use would be in violation of
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plaintiffs copyright(s).
76.
That, upon information and belief, Defendant(s)' use of the Image(s)
in violation of Plaintiff s copyright(s) was negligent in that it knew or should have known that it was without a license for the use(s) complained of herein.
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77.
That as a result of defendant(s)' acts, Plaintiff has been and
will
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continue to be damaged in an amount as yet to be determined. Indeed, the date(s)

or term(s) of use(s) of Plaintiffs Image(s) is as yet unknown, such information
COMPLAINT
being within the sole custody, possession, and control of the Defendants.
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a
78.
That Plaintiff is further entitled to damages, attorneys' fees and costs
under Section 504 and 505 ofthe Copyright Act, 17 U.S.C. Section 101 et., seq., given the willful, intentional, malicious and bad faith nature of defendant(s)'
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copyright infringement, and as an alternative to statutory damages, Plaintiff, at his election prior to judgment is entitled to recover his actual damages and any
additional profits of the Defendants, or one or more of them, attributable to the infringement as under 17 U.S.C. Sections 50a (a)-(b).
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THIRD CLAIM FOR RBLIBF

Induced Copyri ght Infringement Under Section 501 of the Cop)rright Act Against Defendant LA TIMES
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79.
Common To
That, upon information and belief, and as set forth above in the Facts
All Claims, Defendant LA TIMES,
as
well as at least Co-Defendant
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TRIBLTNE and numerous other media companies owned and operated by Tribune,
all of which are subsidiary companies of TRIBLTI{E (hereinafter the "Tribune

Subsidiaries"), or one or more of them, have directly infringed Plaintiffs copyright(s) by, inter alia, employing, publishing to the internet, editing, cropping,
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distributing, transmitting, providing, sublicensing, andlor enabling the copying or

appropriation of Plaintiff s Image(s), in violation of Plaintiffls exclusive riehts
under the Copyright Act, 17 U.S.C. Sections 106 and 501
.
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80.
That, upon information and belief, Defendant LA TIMES is liable for
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inducing the copyright infringement(s) of at least Co-Defendant TRIBLNE and the
Tribune Subsidiaries, or one or more of them.
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81.
Defendant LA TIMES has selected, employed, broadcast, printed,
manufactured, modified, altered, edited, cropped, distributed, sublicensed,
COMPLAINT
provided, andlor enabled the copying or appropriation of Plaintiff s Image(s) for

use in connection with media coverage andlor promotion of the production
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a
of
television shows and movies, as specified hereinabove.
82.
As explained herein, upon information and belief, Defendant LA
TIMES has actively facilitated, encouraged, and/or enticed at least Co-Defendant

TRIBLTNE and the Tribune Subsidiaries, or one or more of them, to commit
copyright infringement.
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83.
Defendant LA TIMES, upon information and belief, has induced
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andlot continues to induce infringement(s),
willfully and/or negligently by, inter

s
alia: employing, broadcasting, printing, publishing, or manufacturing Plaintiff

Image(s), andlor by having previously sublicensed, distributed or enabled the
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copying or appropriation of such Image(s); thereby inducing at least Co-Defendant
TRIBTINE and the Tribune Subsidiaries, or one or more of them, to infrinee on
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Plaintiff s copyright(s).
84.
That said infringements have continued post notice, with Defendants,
or one or more of them, having received constructive andlor actual notice
of
Plaintiff s copyrights and the corresponding infringement(s).
85.
Defendant LA TIMES, upon information and belief, has further
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induced andlor continues to induce infringement(s) by, inter alia,takins affirmative

steps towards the selection of
Plaintiff s Image(s) for use in connection with media
coverage and/or promotion of the production and/or release of movies andlor
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television shows as described hereinabove, and/or providing, selecting, publishing, distributing, transmitting, sublicensing, or enabling the copying or appropriation of
such Image(s) to others, thereby inducing at least Co-Defendant
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TRIBIINE and the
Tribune Subsidiaries, or one or more of them, to infringe on Plaintiff s copyright(s).
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86.
Upon information and belief, at all times relevant herein, Defendant
LA TIMES was on constructive andlor actual notice of Plaintiff s rishts to the
COMPLAINT
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a
Image(s), and that any unauthorized use thereof was in violation of Plaintiff copyright(s).
87.
Upon information and belief, Defendant LA TIMES failed to
implement andlor properly and/or adequately execute rights clearance procedures
with respect to Plaintiff s Image(s), thus employing and/or inducing the

infringement of Plaintiffls Image(s) in violation of Plaintiff s copyright(s).
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88.
Upon information and belief, Defendant LA TIMES relied on the use
of Plaintiff s Image(s) for the success of its business and/or the promotion or
marketing thereof.
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89.
That the use of each Image constitutes a separate and distinct
infringement of Plaintiff s copyright. That each violation of each of Plaintiffs

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infringement. Upon information and belief, the Defendants, individually and/or

collectively, have infringed at least One Hundred Seventy Four (174) of Plaintiff
s
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of
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90.
That, upon information and belief, through the acts described
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hereinabove, Defendant described herein.
LA TIMES is liable for inducing the infringement(s)
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91.
and have been
That, upon information and belief, Defendant(s)' infringement(s) are
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willful, intentional, purposeful,
and
with disregard of the rights of
Plaintiff, and have caused substantial damage to Plaintiff.
92.
That as a direct and proximate result of Defendant(s)'
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infringement(s), Plaintiff is entitled to the maximum statutory damages under
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U.S.C. Section 504 (c), and as an alternative to statutory damages, Plaintiff, at his election prior to judgment is entitled to recover his actual damages and any additional profits of the Defendants, or one or more of them, attributable to the
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COMPLAINT
infringement(s) as under 17 U.S.C. Sections 50a (a)-(b).
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93.
That pursuant to 17 U.S.C. Section 505, Plaintiff is entitled to his
costs, including reasonable attorneys' fees.
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FOURTH CLAIM FOR RELIEF

Contributory Copyri ght Infringement Under Section 501 of the Coplzright Act Against Defendant LA TIMES
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94.
Upon information and belief, Defendant LA TIMES, as well as at
least Co-Defendant TRIBLTNE and the Tribune Subsidiaries, or one or more them, have directly infringed Plaintiffs copyright(s) by, inter
of
alia
employing,
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publishing to the internet, editing, cropping, distributing, transmitting, providing,

sublicensing, and/or enabling the copying or appropriation of Plaintiff s Image(s),
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in connection with media coverage andlor promotion of the production and/or

release of movies and/or television shows as described hereinabove, in violation
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of
PlaintifPs exclusive rights under the Copyright Act, 17 U.S.C. Sections 106 and
501.
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95.
a
That, upon information and belief, defendant LA TIMES, is liable
as
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contributory infringer for the copyright infringement(s) committed via: selecting,
employing, publishing to the internet, editing, cropping, sublicensing, distributing, transmitting, providing, and/or enabling the copying or appropriation of Plaintiff Image(s); and that such use(s) were in violation of Plaintiffs copyrights.
s
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96.
Upon information and belief, Defendant LA TIMES had actual
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andlor constructive knowledge andlor through the exercise of ordinary business

care andlor the examination of public andlor business records, knew or should have
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known that Plaintiff held rights in the Image(s), and that any unauthofizeduse
such Image(s) was in violation of
of
Plaintiffs copyright(s).
97.
Upon information and belief, Defendant LA TIMES knew or should

COMPLAINT
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have known that it was not authorized to use Plaintiffs Image(s).
98.
Upon information and belief, Defendant LA TIMES has directly
andlor indirectly,
willfully
and/or negligently caused, enabled, encouraged,
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facilitated , andlor materially contributed to the infringement(s) described herein by selecting, employing, publishing to the internet, editing, cropping, sublicensing,
distributing, transmitting, providing, andlor enabling the copying or appropriation

of Plaintiff s Image(s), in violation of Plaintiffs copyrights.
99.
That, upon information and belief, defendant LA TIMES has in
9
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addition to the actions described above, provided the tools (i.e. a print or electronic copy(ies) of Plaintiffs Image(s), and/or electronically displayed the Image(s) in a
manner whereby they could be copied or appropriated), support, and/or instruction
tl
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for the infringement(s), via the infringements described herein, all in violation in
Plaintiff s copyright(s).
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100.
That, upon information and belief, Defendant LA TIMES, by inter
alia, selecting, distributing, transmitting, publishing to the internet, modiffing,

altering, cropping, editing, sublicensing, providing, and/or enabling the copying or appropriation of the Image(s) in connection with inter alia, media coverage and/or
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promotion of the production and/or release of movies and/or television shows

described hereinabove, contributed to the infringement(s) by Co-Defendant
as
20
TRIBLINE and the Tribune Subsidiaries, or one or more of them.
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101.
Upon information and belief, Defendant LA TIMES had actual
and/or constructive knowledge and/or through the exercise of ordinary business

care and/or the examination of public and/or business records, knew or should have
known of Plaintiff s rights in the Image(s), and that any use of such Image(s) would
be in violation of
Plaintiffs copyright(s).
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102.
The use of each Image constitutes a separate and distinct
infringement of Plaintiff s copyright. That each violation of each of Plaintiffs
COMPLAINT
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infringement. Upon information and belief, the Defendants, individually and/or

collectively, have infringed at least One Hundred Seventy Four (174) of Plaintiff
s
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5
of
103. That, upon information and belief, through the conduct described
hereinabove, Defendant
LA TIMES is contributorily liable for the infringement(s)
described herein.
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104. That, upon information and belief, the aforementioned acts of the
defendant
LA TIMES constitutes federal statutory contributory copyright
infringement under Section 501 of the Copyright Act in violation of the exclusive rights granted STRICK as copyright holder.
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1A IT
105.
have been
Upon information and belief, Defendant(s)' infringement(s) are and
willful, intentional, purposeful, and/or in disregard of the rights of

That as a direct and proximate result of Defendant(s)'
as
15
Plaintiff, and have caused substantial damage to Plaintiff.
16
106.
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infringement(s), Plaintiff has been and will continue to be damaged in an amount yet undetermined. Indeed, the full nature and extent of Defendant(s)'use
of
Plaintiffs Images is as yet unknown, such information being within the sole
custody, possession, and control of the Defendants, or one or more of them.
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107.
Plaintiff is entitled to the maximum statutory damages under
17
U.S.C. Section 504 (c), and as an altemative to statutory damages, Plaintiff, at his election prior to judgment is entitled to recover his actual damages and any additional profits of the Defendants, or one or more of them, attributable to the
.A LA
25
infringement(s) as under 17 U.S.C. g 504 (a)-(b).
26 27 28
108.
Plaintiff is further entitled to damages, attorneys' fees and costs
under Section 504 and 505 of the Copyright Act, l7 U.S.C. Section 101 et., seq.,
COMPLAINT
given the repeated and systematic, willful, intentional, malicious and bad faith
nature of defendant(s)' copyri ght infringement(s).
2
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FIFTH CLAIM FOR RELIEF Declaratory Relief Against Defendant LA Times
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109. That as stated above, Plaintiff executed the Subject Agreement on or

about January I,2010, but the Subject Agreement was never executed by any authorized representative of Defendant
9 10
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LA TIMES.
Agreement (Exhibit "D") was by
110. It is undisputed that the Unexecuted

and between the
Plaintiff STRICK and Defendant LA TIMES.
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II
1.
It is undisputed that the parties conducted themselves in accordance
with the terms of the Unexecuted Agreement (Exhibit "D") during its term which
concluded in June 2010, when said agreement was terminated by the LA Times.
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Il2.
Plaintiff seeks a determination of the duties, rights and obligations of
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the parties as follows:
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a. That the Unexecuted Agreement

about May 28,2010 by the
was terminateci on or
LA TIMES;
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b. That by the terms of the [Jnexecuted Agreement, when

the Agreement was terminated, Defendants, and each them, had no rights of any kind to publish any
of
of
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Plaintiff s Image(s) without his license, authorization or

consent;
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c.
That there is no interpretation of the Unexecuteci
Agreement which would result in the Defendants. or one or more of them, having rights to publish or republish
26 27
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Plaintiff s Image(s) without Plaintiff
s consent and due
COMPLAINT
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a
compensation thereto;
d. That once the Unexecuted Agreement terminated, all

rights, except as expressly reserved therein, granted by
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Plaintiff to Defendants, or one or more of them, were

terminated.
JURY DEMAI{D
8
113.
That Plaintiff requests atrial by jury of all issues

as against the Defendants, or
WHEREFORE, Plaintiff demands judgment

one or more of them, as follows:
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ON THE FIRST CLAIM FOR RELIEF- (A) Award to Plaintiff his actual
damages incurred as a result of Defendant(s)' infringement(s), and all profits
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tealized as a result of its infringement(s), in amounts to be determined at trial; or
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(B) in the alternative, at Plaintiff s election, awardto Plaintiff maximum statutory

damages pursuant
to
17 U.S.C. $ 504 for each separate and distinct act
of
16
infringement, and for an order of injunction permanently enjoining and prohibiting

the Defendants, or one or more of them, including but not limited to wholly owned subsidiaries, from employing or utilizing in any manner or media whatsoever,
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including all future uses, sales, transfers, assignments, or licensing of any and all of
Plaintiff s copyrighted Image(s), pursuant to

costs and attorneys' fees pursuant
17 U.S.C. S 502 and for an award
of
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to
17 U.S.C. $ 505;
Ol{ THE SECOI\D CLAIM FOR RELIEF- (A) Award to Plaintiff his
actual damages incurred as a result of Defendant(s)' infringement(s), and all profits realized as a result of its infringement(s), in amounts to be determined at trial; or
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(B) in the alternative, at Plaintiff

damages pursuant
s election, award to
Plaintiff maximum statutory
26 27 28
to
17 U.S.C. $ 504 for each separate and distinct act
of
infringement, and for an order of injunction permanently enjoining and prohibiting
COMPLAINT
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the Defendants, or one or more of them, including but not limited to wholly owned subsidiaries, from employing or utilizing in any manner or media whatsoever,
including all future uses, sales, transfers, assignments, or licensing of any and all of
Plaintiff s copyrighted Image(s), pursuant to 17 U.S.C. S 502 and for an award of costs and attomeys' fees pursuant to 17 U.S.C. $ 505;
ON THE THIRD CLAIM FOR RELIEF - (A) Award to Plaintiff his
actual damages incurred as a result of Defendant(s)' infringement(s), and all profits realtzed as a result of their infringement(s), in amounts to be determined by this
9 10
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Honorable Court; or (B) in the alternative, at Plaintiff s election, award to plaintiff
maximum statutory damages pursuant to 17 U.S.C. $ 504 for each separate and distinct act of infringement and for an order enjoining Defendants, or one or more
of them, from infringing Plaintiff s copyrighted Image(s), pursuant to 17 U.S.C.
502 and for an award of costs and attorneys' fees pursuant to 17 U.S.C. 505; $
$
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ON THE FOURTH CLAIM FOR RELIEF - (A) Award to Plaintiff his

actual damages incurred as a result of Defendant(s)' infringement(s), and all profits realized as a result of their infringement(s), in amounts to be determined by this
16
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Honorable Courl; or (B) in the alternative, at Plaintiff s election, award to
plaintiff
maximum statutory damages pursuant to 17 u.S.C. $ 504 for each separate and distinct act of infringement and for an order enjoining Defendants, or one or more
of them, from infringing Plaintiffls copyrighted Image(s), pursuant to l7 U.S.C.
502 and for an award of costs and attorneys' fees pursuant to 17 U.S.C. $ 505;
$
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ON THE FIFTH CLAIM FOR RELIEF- Award to Plaintiff an Order and

Judgment determining that:
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a.
The unexecuted Agreement was terminated on or about May 28,
2010;
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b.
That by the terms of the Agreement, when the Agreement was terminated, Defendants, or one or more of them, had no rights to
COMPLAINT
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publish any of Plaintiff s Image(s) without his license,

authorization or consent;
c.
That there is no interpretation of the Unexecuted Agreement,
4
5
which would result in the Defendants, or one or more of them,

having rights to publish or republish Plaintiff s Image(s) without
Plaintiff
s consent and due compensation thereto;
d. That once the Unexecuted Agreement terminated, all rights

8
granted by Plaintiff to Defendants, or one or more of them, except those rights expressly reserved therein, were terminated.
9 10
Prejudgment interest on all sums due;
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And such other and further relief
as
this Court may deem just and proper
inclusive of any and all relief or remedies allowable by the statutes referenced
above or applicable hereinabove.
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DATED: May 5,2011
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sfornevs
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AvTD STRICK
f&*M
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COMPLAINT

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Case 2:11-cv-04043-CBM -E Document 1-1

Filed 05/11/11 Page 1 of 13 Page ID #:25

The use of the Plaintiffs Image(s) by the Defendants, or one or more

of them, in connection with the website "LATimes.com" and other TRIBLINE

Upon information and belief, the Defendants, or one or more of

them, have infringed the copyright(s) for

Upon information and belief, the aforementioned acts of the

Defendants, or one or more of them, constitute federal statutory copyright

The use of each Image constitutes a separate and distinct

infringement. That upon information and belief, the Defendants, individually

lJpon information and belief, Defendant(s)' use of the Subject

Case 2:11-cv-04043-CBM -E Document 1-1

Filed 05/11/11 Page 2 of 13 Page ID #:26

Defendants, or one or more of them, purposefully changed the name

of the website section employing Plaintiff s Image(s) from "David Strick,s

That as a result of Defendant(s)' acts, Plaintiff has been and

continue to be damaged in an amount as yet to be determined. Indeed, the date(s)

That Plaintiff is further entitled to damages, attorneys' fees and costs

The use of the Plaintiffs Image(s) by the Defendants, or one or more

of them, in relation the website "LATimes.com" and other TRIBLINE website(s),

Case 2:11-cv-04043-CBM -E Document 1-1

Filed 05/11/11 Page 3 of 13 Page ID #:27

Upon information and belief, the aforementioned acts of the

Defendants, or one or more of them, constitute federal statutory copyright

That the use of each Image constitutes a separate and distinct

infringement of Plaintiff s copyright. That each violation of each of plaintiffs

Upon information and belief, Defendants, or one or more of them,

That, upon information and belief, Defendant(s)' use of the Image(s)

That as a result of defendant(s)' acts, Plaintiff has been and

continue to be damaged in an amount as yet to be determined. Indeed, the date(s)

Case 2:11-cv-04043-CBM -E Document 1-1

Filed 05/11/11 Page 4 of 13 Page ID #:28

That Plaintiff is further entitled to damages, attorneys' fees and costs

THIRD CLAIM FOR RBLIBF

All Claims, Defendant LA TIMES,

well as at least Co-Defendant

all of which are subsidiary companies of TRIBLTI{E (hereinafter the "Tribune

distributing, transmitting, providing, sublicensing, andlor enabling the copying or

That, upon information and belief, Defendant LA TIMES is liable for

inducing the copyright infringement(s) of at least Co-Defendant TRIBLNE and the

Tribune Subsidiaries, or one or more of them.

Defendant LA TIMES has selected, employed, broadcast, printed,

manufactured, modified, altered, edited, cropped, distributed, sublicensed,

Case 2:11-cv-04043-CBM -E Document 1-1

Filed 05/11/11 Page 5 of 13 Page ID #:29

provided, andlor enabled the copying or appropriation of Plaintiff s Image(s) for

television shows and movies, as specified hereinabove.

As explained herein, upon information and belief, Defendant LA

TIMES has actively facilitated, encouraged, and/or enticed at least Co-Defendant

Defendant LA TIMES, upon information and belief, has induced

andlot continues to induce infringement(s),

willfully and/or negligently by, inter

alia: employing, broadcasting, printing, publishing, or manufacturing Plaintiff

copying or appropriation of such Image(s); thereby inducing at least Co-Defendant

TRIBTINE and the Tribune Subsidiaries, or one or more of them, to infrinee on

That said infringements have continued post notice, with Defendants,

or one or more of them, having received constructive andlor actual notice

Plaintiff s copyrights and the corresponding infringement(s).

Defendant LA TIMES, upon information and belief, has further

induced andlor continues to induce infringement(s) by, inter alia,takins affirmative

Plaintiff s Image(s) for use in connection with media

coverage and/or promotion of the production and/or release of movies andlor

TRIBIINE and the