David Strick v. Los Angeles Times Communications LLC et al

Filing 1

COMPLAINT against Defendants Los Angeles Times Communications LLC, Tribune Company. Case assigned to Judge Consuelo B. Marshall for all further proceedings. Discovery referred to Magistrate Judge Frederick F. Mumm. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff David Strick.(et) (Additional attachment(s) added on 5/13/2011: # 1 PART 2, # 2 Ntc of Asgmt, Summons, Civil Cover Sheet, # 3 Exhibit A, # 4 Exhibit B-E, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H, # 8 Exhibit I, # 9 Exhibit J, # 10 Exhibit K, # 11 Exhibit L, # 12 Exhibit M) (mg).

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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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

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consent.

63.

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

them, have infringed the copyright(s) for

64.

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

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infringement under Section 501 of the Copyright Act in violation of the rights

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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

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rights by each Defendant constitutes a separate and distin ct act of copyright

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

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artdlor collectively, have infringed at least One Hundred Seventy Four Q7Q

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Plaintiffs fmages, for a total of at least Three Hundred Forty Eight (348)

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infringements of Plaintiff s copyrights.

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66.

of

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

Image(s) was at all times willful, intentional and in bad faith.

67.

Defendants, or one or more of them, had actual andlor constructive

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knowledge andlor through the exercise of ordinary business care and/or the

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examination of public records, knew or should have known that the Plaintiff held

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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

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Plaintiff for the use of Plaintiffs Image(s) on its website or in any other medium of

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news source employed by Defendants, or one or more of them, and that any such

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use would be in violation of

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68.

Plaintiffs copyrigh(s).

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

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

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

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

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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

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more of them.

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70.

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

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under Section 504 and 505 of the Copyright Act, 17 U.S.C. Section

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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

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et., seq.,

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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).

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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),

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was and is without the Plaintiff s authorization, license or consent.

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COMPLAINT

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72.

Upon information and belief, the Defendants, or one or more of
them, have infringed the copyright(s) for praintiffls Image(s).

73.

Upon information and belief, the aforementioned acts of the

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

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infringement under Section 501 of the Copyright Act in violation of the rights

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granted to STRICK as copyright holder.

74.

That 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

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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

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Images, for a total of at least Three Hundred Forty Eight (345) infringements

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Plaintiff s copyrights.

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of

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

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had actual and/or constructive knowledge andlor through the exercise of ordinary

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business care and/or the examination of public records, knew or should have known

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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

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authorization by Plaintiff for the use of Plaintiff s Image(s) on its website or in any

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other medium of news source employed by Defendants, or one or more of them,

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and that any such use would be in violation of

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76.

plaintiffs copyright(s).

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

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in violation of Plaintiff s copyright(s) was negligent in that it knew or should have

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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)

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or term(s) of use(s) of Plaintiffs Image(s) is as yet unknown, such information

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COMPLAINT

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being within the sole custody, possession, and control of the Defendants.

78.

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

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under Section 504 and 505 ofthe Copyright Act, 17 U.S.C. Section 101 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

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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).

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THIRD CLAIM FOR RBLIBF

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Induced Copyri ght Infringement
Under Section 501 of the Cop)rright Act
Against Defendant LA TIMES

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79.

That, upon information and belief, and as set forth above in the Facts

All Claims, Defendant LA TIMES,

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Common To

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TRIBLTNE and numerous other media companies owned and operated by Tribune,

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

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Subsidiaries"), or one or more of them, have directly infringed Plaintiffs

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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

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appropriation of Plaintiff s Image(s), in violation of Plaintiffls exclusive riehts

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under the Copyright Act, 17 U.S.C. Sections 106 and 501

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as

well as at least Co-Defendant

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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

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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,

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COMPLAINT

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

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use in connection with media coverage andlor promotion of the production

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television shows and movies, as specified hereinabove.

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82.

of

As explained herein, upon information and belief, Defendant LA

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

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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

andlot continues to induce infringement(s),

willfully and/or negligently by, inter

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

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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

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

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Plaintiff s copyright(s).

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84.

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That said infringements have continued post notice, with Defendants,

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

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Plaintiff s copyrights and the corresponding infringement(s).

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85.

of

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

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steps towards the selection of

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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,

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distributing, transmitting, sublicensing, or enabling the copying or appropriation of

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such Image(s) to others, thereby inducing at least Co-Defendant

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Tribune Subsidiaries, or one or more of them, to infringe on Plaintiff s copyright(s).

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86.

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

TRIBIINE and the

Upon information and belief, at all times relevant herein, Defendant

LA TIMES was on constructive andlor actual notice of Plaintiff s rishts to the

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COMPLAINT

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Image(s), and that any unauthorized use thereof was in violation of Plaintiff

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copyright(s).

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Upon information and belief, Defendant LA TIMES failed to

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implement andlor properly and/or adequately execute rights clearance procedures

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with respect to Plaintiff s Image(s), thus employing and/or inducing the

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infringement of Plaintiffls Image(s) in violation of Plaintiff s copyright(s).

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Upon information and belief, Defendant LA TIMES relied on the use

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of Plaintiff s Image(s) for the success of its business and/or the promotion or

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marketing thereof.

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89.

That 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

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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

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collectively, have infringed at least One Hundred Seventy Four (174) of Plaintiff

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Images, for a total of at least Three Hundred Forty Eight (345) infringements

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Plaintiff s copyrights.

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90.

of

That, upon information and belief, through the acts described

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hereinabove, Defendant

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described herein.

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91.

LA TIMES is liable for inducing the infringement(s)

That, upon information and belief, Defendant(s)' infringement(s) are

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and have been

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Plaintiff, and have caused substantial damage to Plaintiff.

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92.

willful, intentional, purposeful,

and

with disregard of the rights of

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

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election prior to judgment is entitled to recover his actual damages and any

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additional profits of the Defendants, or one or more of them, attributable to the

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COMPLAINT

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infringement(s) as under 17 U.S.C. Sections 50a (a)-(b).

93.

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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

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Contributory Copyri ght Infringement
Under Section 501 of the Coplzright Act
Against Defendant LA TIMES

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94.

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Upon information and belief, Defendant LA TIMES, as well as at

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least Co-Defendant TRIBLTNE and the Tribune Subsidiaries, or one or more

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them, have directly infringed Plaintiffs copyright(s) by, inter

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publishing to the internet, editing, cropping, distributing, transmitting, providing,

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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

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release of movies and/or television shows as described hereinabove, in violation

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PlaintifPs exclusive rights under the Copyright Act, 17 U.S.C. Sections 106 and

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501.

95.

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alia

of

employing,

That, upon information and belief, defendant LA TIMES, is liable

of

as

contributory infringer for the copyright infringement(s) committed via: selecting,

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a

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employing, publishing to the internet, editing, cropping, sublicensing, distributing,

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transmitting, providing, and/or enabling the copying or appropriation of Plaintiff

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Image(s); and that such use(s) were in violation of Plaintiffs copyrights.

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96.

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Upon information and belief, Defendant LA TIMES had actual

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andlor constructive knowledge andlor through the exercise of ordinary business

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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

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such Image(s) was in violation of

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97.

of

Plaintiffs copyright(s).

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).

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98.

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andlor indirectly,

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facilitated , andlor materially contributed to the infringement(s) described herein by

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selecting, employing, publishing to the internet, editing, cropping, sublicensing,

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

Upon information and belief, Defendant LA TIMES has directly

willfully

and/or negligently caused, enabled, encouraged,

of Plaintiff s Image(s), in violation of Plaintiffs copyrights.
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99.

That, upon information and belief, defendant LA TIMES has in

addition to the actions described above, provided the tools (i.e. a print or electronic

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copy(ies) of Plaintiffs Image(s), and/or electronically displayed the Image(s) in a

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manner whereby they could be copied or appropriated), support, and/or instruction

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for the infringement(s), via the infringements described herein, all in violation in

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Plaintiff s copyright(s).

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100.

That, upon information and belief, Defendant LA TIMES, by inter

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alia, selecting, distributing, transmitting, publishing to the internet, modiffing,

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altering, cropping, editing, sublicensing, providing, and/or enabling the copying or

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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

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described hereinabove, contributed to the infringement(s) by Co-Defendant

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TRIBLINE and the Tribune Subsidiaries, or one or more of them.

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101.

as

Upon information and belief, Defendant LA TIMES had actual

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and/or constructive knowledge and/or through the exercise of ordinary business

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care and/or the examination of public and/or business records, knew or should have

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known of Plaintiff s rights in the Image(s), and that any use of such Image(s) would

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be in violation of

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102.

Plaintiffs copyright(s).

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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COMPLAINT

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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

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collectively, have infringed at least One Hundred Seventy Four (174) of Plaintiff

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Images, for a total of at least Three Hundred Forty Eight (345) infringements

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Plaintiff s copyrights.

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9

of

103. That, upon information and belief, through the conduct described
hereinabove, Defendant

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LA TIMES is contributorily liable for the infringement(s)

described herein.

104. That, upon information and belief, the aforementioned acts of the
LA TIMES constitutes federal statutory contributory copyright

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defendant

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infringement under Section 501 of the Copyright Act in violation of the exclusive

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rights granted STRICK as copyright holder.

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105.

Upon information and belief, Defendant(s)' infringement(s) are and

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have been

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Plaintiff, and have caused substantial damage to Plaintiff.

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willful, intentional, purposeful, and/or in disregard of the rights of

106.

That as a direct and proximate result of Defendant(s)'

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infringement(s), Plaintiff has been and will continue to be damaged in an amount

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yet undetermined. Indeed, the full nature and extent of Defendant(s)'use

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Plaintiffs Images is as yet unknown, such information being within the sole

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custody, possession, and control of the Defendants, or one or more of them.

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107.

of

Plaintiff is entitled to the maximum statutory damages under

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U.S.C. Section 504 (c), and as an altemative to statutory damages, Plaintiff, at his

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election prior to judgment is entitled to recover his actual damages and any

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additional profits of the Defendants, or one or more of them, attributable to the

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infringement(s) as under 17 U.S.C. g 504 (a)-(b).

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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.,

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COMPLAINT

as

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given the repeated and systematic, willful, intentional, malicious and bad faith

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nature of defendant(s)' copyri ght infringement(s).

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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

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about January I,2010, but the Subject Agreement was never executed by any

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authorized representative of Defendant

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LA TIMES.

110. It is undisputed that the Unexecuted

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and between the

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II

1.

Agreement (Exhibit "D") was by

Plaintiff STRICK and Defendant LA TIMES.

It is undisputed that the parties conducted themselves in accordance

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with the terms of the Unexecuted Agreement (Exhibit "D") during its term which

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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

the parties as follows:

a. That the Unexecuted Agreement

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about May 28,2010 by the

was terminateci on or

LA TIMES;

b. That by the terms of the [Jnexecuted Agreement, when

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the Agreement was terminated, Defendants, and each

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them, had no rights of any kind to publish any

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Plaintiff s Image(s) without his license, authorization or

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consent;

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c.

of

of

That there is no interpretation of the Unexecuteci

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Agreement which would result in the Defendants. or one

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or more of them, having rights to publish or republish

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Plaintiff s Image(s) without Plaintiff

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COMPLAINT

s consent and due

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compensation thereto;

d. That once the Unexecuted Agreement terminated, all

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rights, except as expressly reserved therein, granted by

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Plaintiff to Defendants, or one or more of them, were

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terminated.

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JURY DEMAI{D
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113.

That Plaintiff requests atrial by jury of all issues

WHEREFORE, Plaintiff demands judgment

as against the Defendants, or

one or more of them, as follows:

ON THE FIRST CLAIM FOR RELIEF- (A) Award to Plaintiff his actual

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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

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damages pursuant

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infringement, and for an order of injunction permanently enjoining and prohibiting

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the Defendants, or one or more of them, including but not limited to wholly owned

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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

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Plaintiff s copyrighted Image(s), pursuant to

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costs and attorneys' fees pursuant

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to

17 U.S.C. $ 504 for each separate and distinct act

to

of

17 U.S.C. S 502 and for an award

of

17 U.S.C. $ 505;

Ol{ THE SECOI\D CLAIM FOR RELIEF- (A) Award to Plaintiff his

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actual damages incurred as a result of Defendant(s)' infringement(s), and all profits

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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

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damages pursuant

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infringement, and for an order of injunction permanently enjoining and prohibiting

to

s election, award to

Plaintiff maximum statutory

17 U.S.C. $ 504 for each separate and distinct act

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COMPLAINT

of

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the Defendants, or one or more of them, including but not limited to wholly owned

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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

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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;

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6

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

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realtzed as a result of their infringement(s), in amounts to be determined by this

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Honorable Court; or (B) in the alternative, at Plaintiff s election, award to plaintiff

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11

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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;
$

ON THE FOURTH CLAIM FOR RELIEF - (A) Award to Plaintiff his

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actual damages incurred as a result of Defendant(s)' infringement(s), and all profits

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realized as a result of their infringement(s), in amounts to be determined by this

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Honorable Courl; or (B) in the alternative, at Plaintiff s election, award to

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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

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plaintiff

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of them, from infringing Plaintiffls copyrighted Image(s), pursuant to l7 U.S.C.

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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:

a.

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$

The unexecuted Agreement was terminated on or about May 28,

2010;

b.

That by the terms of the Agreement, when the Agreement was
terminated, Defendants, or one or more of them, had no rights to

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COMPLAINT

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publish any of Plaintiff s Image(s) without his license,

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authorization or consent;

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c.

That there is no interpretation of the Unexecuted Agreement,

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which would result in the Defendants, or one or more of them,

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having rights to publish or republish Plaintiff s Image(s) without

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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,

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except those rights expressly reserved therein, were terminated.

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Prejudgment interest on all sums due;

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And such other and further relief

as

this Court may deem just and proper

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inclusive of any and all relief or remedies allowable by the statutes referenced

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above or applicable hereinabove.

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DATED: May 5,2011

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sfornevs

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f&*M

AvTD STRICK

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COMPLAINT