Righthaven LLC v. Death and Taxes Media, LLC et al

Filing 1

COMPLAINT and Demand for Jury Trial against Stephen Blackwell, Death and Taxes Media, LLC, and Joe Weber (Filing fee $ 350, Receipt Number 34781) Summons Issued, filed by Righthaven LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet, # 5 Receipt)(lyg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.:_________________________
RIGHTHAVEN LLC, a Nevada limited-liability company,
Plaintiff,
v.
DEATH AND TAXES MEDIA, LLC, a New York limited liability company;
JOE WEBER, an individual; and
STEPHEN BLACKWELL, an individual,
Defendants.

COMPLAINT AND DEMAND FOR JURY TRIAL

Righthaven LLC (“Righthaven”) complains as follows against Death and Taxes Media,
LLC, a New York limited-liability company (“Death and Taxes Media”), Joe Weber (“Mr.
Weber”) and Stephen Blackwell (“Mr. Blackwell”; collectively with Death and Taxes Media and
Mr. Weber known herein as the “Defendants”), on information and belief:

NATURE OF THE ACTION
1. This is an action for copyright infringement pursuant to 17 U.S.C. § 501.

PARTIES
2.

Righthaven is, and has been at all times relevant to this lawsuit, a Nevada limited-

liability company with its principal place of business in Nevada.
3.

Righthaven is, and has been at all times relevant to this lawsuit, in good standing

with the Nevada Secretary of State.

4.

Death and Taxes Media is, and has been at all times relevant to this lawsuit, a

New York limited liability company.
5.

Death and Taxes Media is, and has been at all times relevant to this lawsuit,

identified by the current registrar, GoDaddy.com, Inc. (“GoDaddy”), as the registrant of the
Internet domain found at <deathandtaxesmag.com> (the “Domain”).
6.

Mr. Blackwell is, and has been at all times relevant to this lawsuit, identified by

GoDaddy as the administrative and technical contact of the Domain (the content accessible
through the Domain and the Domain itself known herein as the “Website”).
7.

Mr. Blackwell is, and has been at all times relevant to this lawsuit, identified as an

“editor” and “creator” of the Website, as evidenced by the content accessible on the “About”
section of the Website.
8.

Mr. Weber is, and has been at all times relevant to this lawsuit, identified as an

author for the Website, as evidenced by the content on the “Author/Joe Weber” section of the
Website.
9.

Mr. Weber reproduced an unauthorized copy of the photograph entitled: “TSA

Agent performs enhanced pat-downs” (the “Work”), attached hereto as Exhibit 1, and displayed
said unauthorized copy (the “Infringement”), attached hereto as Exhibit 2, on the Website.

JURISDICTION
10.

This Court has jurisdiction over the subject matter and the parties under the

copyright laws of the United States, 17 U.S.C. § 101 et seq., as well as jurisdictional provisions
of 28 U.S.C. § 1331 and 28 U.S.C. § 1338(a).
11.

Righthaven is the owner of the copyright, in and to Work.

12.

On or about November 23, 2010, the Defendants willfully reproduced the Work

on an unauthorized basis, from a source emanating from Colorado.

13.

On or about November 23, 2010, the Defendants displayed, and continue to

display, the Infringement on the Website.
14.

The composition, at least in part, of the Work and the Infringement, is a

Transportation Security Administration Agent performing an enhanced pat-down search in the
Denver, Colorado airport.
15.

The focal point of the Infringement is Denver, Colorado.

16.

The only geographic location that is associated with, and related to, the Work is

Denver, Colorado.
17.

The Work was originally published in The Denver Post.

18.

The Defendants knew that the Work was originally published in The Denver Post.

19.

The Defendants knew that the Work originally emanated from Colorado.

20.

At all times relevant to this lawsuit, the Infringement, as publicly displayed on the

Website, was and is accessible to persons in Colorado.
21.

At all times relevant to this lawsuit, the Infringement occurred and continues to

occur in Colorado.
22.

The Defendants’ display of the Infringement was and is purposefully directed at

Colorado residents.
23.

The harm caused by the Infringement, was experienced, at least in part, in

Colorado.

VENUE
24.

The United States District Court for the District of Colorado is an appropriate

venue, pursuant to 28 U.S.C. § 1400 (a), because the Defendants are subject to personal
jurisdiction in Colorado.

25.

The United States District Court for the District of Colorado is an appropriate

venue, pursuant to 28 U.S.C. § 1391(b)(2), because a substantial part of the events giving rise to
the claim for relief are situated in Colorado.

FACTS
26.

The Work constitutes copyrightable subject matter, pursuant to 17 U.S.C. §

102(a)(5).
27.

Righthaven is the owner of the copyright in and to the Work.

28.

The Work was originally published on or about November 18, 2010.

29.

On December 8, 2010, the United States Copyright Office (the “USCO”) granted

Righthaven the registration to the Work, copyright registration number VA0001751279 (the
“Registration”) and attached hereto as Exhibit 3 is evidence of the Registration in the form of a
printout of the official USCO database record depicting the occurrence of the Registration.
30.

On or about November 23, 2010, the Defendants displayed, and continue to

display, the Infringement on the Website.
31.

The Defendants did not seek permission, in any manner, to reproduce, display, or

otherwise exploit the Work.
32.

The Defendants were not granted permission, in any manner, to reproduce,

display, or otherwise exploit the Work.

CLAIM FOR RELIEF: COPYRIGHT INFRINGEMENT
33.

Righthaven repeats and realleges the allegations set forth in Paragraphs 1 through

32 above.
34.

Righthaven holds the exclusive right to reproduce the Work, pursuant to 17

U.S.C. § 106(1).

35.

Righthaven holds the exclusive right to prepare derivative works based upon the

Work, pursuant to 17 U.S.C. § 106(2).
36.

Righthaven holds the exclusive right to distribute copies of the Work, pursuant to

17 U.S.C. § 106(3).
37.

Righthaven holds the exclusive right to publicly display the Work, pursuant to 17

U.S.C. § 106(5).
38.

The Defendants reproduced the Work in derogation of Righthaven’s exclusive

rights under 17 U.S.C. § 106(1).
39.

The Defendants created an unauthorized derivative of the Work in derogation of

Righthaven’s exclusive rights under 17 U.S.C. § 106(2).
40.

The Defendants distributed, and continue to distribute, an unauthorized

reproduction of the Work on the Website, in derogation of Righthaven’s exclusive rights under
17 U.S.C. § 106(3).
41.

The Defendants publicly displayed, and continue to publicly display, an

unauthorized reproduction of the Work on the Website, in derogation of Righthaven’s exclusive
rights under 17 U.S.C. § 106(5).
42.

Death and Taxes Media has willfully engaged in the copyright infringement of the

43.

Mr. Weber has willfully engaged in the copyright infringement of the Work.

44.

Mr. Blackwell has willfully engaged in the copyright infringement of the Work.

45.

The Defendants’ acts as alleged herein, and the ongoing direct results of those

Work.

acts, have caused and will continue to cause irreparable harm to Righthaven in an amount
Righthaven cannot ascertain, leaving Righthaven with no adequate remedy at law.
46.

Unless the Defendants are preliminarily and permanently enjoined from further

infringement of the Work, Righthaven will be irreparably harmed, and Righthaven is thus

entitled to preliminary and permanent injunctive relief against further infringement by the
Defendants of the Work, pursuant to 17 U.S.C. § 502.

PRAYER FOR RELIEF
Righthaven requests that this Court grant Righthaven’s claim for relief herein as follows:
1.

Preliminarily and permanently enjoin and restrain the Defendants, and the

Defendants’ officers, agents, servants, employees, attorneys, related companies, partners, and all
persons acting for, by, with, through, or under the Defendants, from directly or indirectly
infringing the Work by reproducing the Work, preparing derivative works based on the Work,
distributing the Work to the public, and/or displaying the Work, or ordering, directing,
participating in, or assisting in any such activity;
2.

Direct the Defendants to preserve, retain, and deliver to Righthaven in hard copies

or electronic copies:
a.

All evidence and documentation relating in any way to the Defendants’

use of the Work, in any form, including, without limitation, all such evidence and
documentation relating to the Website;
b.

All evidence and documentation relating to the names and addresses

(whether electronic mail addresses or otherwise) of any person with whom the
Defendants have communicated regarding the Defendants’ use of the Work; and
c.

All financial evidence and documentation relating to the Defendants’ use

of the Work;
3.

Direct GoDaddy, the current registrar, and any successor domain name registrar

for the Domain, to lock the Domain and transfer control of the Domain to Righthaven;
4.

Award Righthaven statutory damages for the willful infringement of the Work,

pursuant to 17 U.S.C. § 504(c);

5.

Award Righthaven costs, disbursements, and attorneys’ fees incurred by

Righthaven in bringing this action, pursuant to 17 U.S.C. § 505;
6.

Award Righthaven pre- and post-judgment interest in accordance with applicable

law; and
7.

Grant Righthaven such other relief as this Court deems appropriate.

DEMAND FOR JURY TRIAL
Righthaven requests a trial by jury pursuant to Rule 38 of the Federal Rules of Civil
Procedure.
Dated this twenty-seventh day of January, 2011.
By: /s/ Steven G. Ganim
STEVEN G. GANIM, ESQ.
Righthaven LLC
9960 West Cheyenne Avenue, Suite 210
Las Vegas, Nevada 89129-7701
Tel: [phone]
Fax: [phone]
[e-mail]
SHAWN A. MANGANO, ESQ.
SHAWN A. MANGANO, LTD.
9960 West Cheyenne Avenue, Suite 170
Las Vegas, Nevada 89129-7701
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Plaintiff Righthaven LLC