Young v. Kansas City Chiefs Football Club, Inc. et al

Filing 1

COMPLAINT against All Defendants filed by Patrick J. Stueve on behalf of Hank Young. Filing fee $350, receipt number 0866-2679627. Service due by 8/5/2011. (Attachments: # 1 Exhibit A1, # 2 Exhibit A2, # 3 Exhibit A3, # 4 Exhibit A4, # 5 Exhibit A5, # 6 Exhibit A6, # 7 Exhibit A7, # 8 Exhibit A8, # 9 Exhibit A9, # 10 Exhibit A10, # 11 Exhibit A11, # 12 Exhibit A12, # 13 Exhibit A13, # 14 Exhibit A14, # 15 Exhibit B1, # 16 Exhibit B2, # 17 Exhibit B3, # 18 Exhibit B4, # 19 Exhibit B5, # 20 Exhibit C1, # 21 Exhibit C2, # 22 Exhibit C3, # 23 Exhibit C4, # 24 Exhibit C5, # 25 Exhibit C6, # 26 Exhibit D1, # 27 Exhibit D2, # 28 Exhibit D3, # 29 Exhibit D4, # 30 Exhibit D5, # 31 Exhibit E, # 32 Civil Cover Sheet)(Stueve, Patrick)

Young v. Kansas City Chiefs Football Club, Inc. et al

Doc. 1

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI

HANK YOUNG, an individual, Plaintiff, v. KANSAS CITY CHIEFS FOOTBALL CLUB, INC., a Missouri corporation; POPULOUS, INC., WORKSHOP DESIGN, L.L.C. HY-VEE, INC., SPRINT, INC., TIME WARNER INC., Defendants.

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Case No. __________________

COMPLAINT Plaintiff, Hank Plaintiff Young, individually and d/b/a Plaintiff Young Company (collectively, "Hank Young" or "Mr. Young"), brings this cause of action and alleges as follows:

I. 1.

INTRODUCTION Hank Young is a nationally recognized Kansas City artist, specializing in sports

photography. Mr. Young has a storied history producing photographs of and about the Kansas City Chiefs. For over forty years, he crouched the sidelines around the NFL and captured the action at Arrowhead Stadium, preserving with his photography decades of historic games, great hits, remarkable passes, and enthusiastic fans. 1 Mr. Young's unparalleled body of work

Dockets.Justia.com

represents a truly unique perspective of the Kansas Chiefs ­ one that spans generations of fans and all the great players, from Len Dawson, Deron Cherry, Joe Montana to Derrick Thomas, Priest Holmes, Tony Gonzalez and many others. Mr. Young's collection represents the physical embodiment of his life's works, a devotion to capturing the history of a celebrated team for generations to come. 2. Mr. Young began taking photographs as an independent contractor for the Kansas

City Chiefs' Public Relations Department in 1972. Recognizing the potential future value in his art, he retained the right to permit or refuse the use of any photographs for non-editorial purposes. The Chiefs' agreed to and understood that Mr. Young was the author of these photographs and that he retained the right to control their use ­ an arrangement that was honored for over forty years, paying him additional fees when, for example, they wanted to hang one of his photographs in an Arrowhead suite or use a photograph on a banner outside the stadium or hang a photograph in the concourse. 3. When the Chiefs announced the $375 million project that culminated in the

renovated Arrowhead Stadium, they said that the renovation would respect tradition. The Chiefs have not lived up to that promise. Prior to unveiling New Arrowhead, the Chiefs attempted to coerce Mr. Young into forfeiting the rights to his lifelong body of work, demanding that if he wanted to continue as a game day photographer he had to assign all rights in his body of photographs to the Chiefs. The Chiefs gave Mr. Young a take it or leave it deadline of July 23, 2010. 4. The reason for their deadline of July 23, 2010 became clear ­ New Arrowhead During a tour of New Arrowhead on that date, Mr. Young

opened to the press on that date.

learned for the first time that the Chiefs had appropriated his life's work without his permission

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and without paying him, by using his artwork extensively throughout the stadium. Mr. Young's photographs are a central design aesthetic of the renovation. Mr. Young's photographs permeate the stadium, and he estimates that at least half of the photographic artwork that makes New Arrowhead unique is based on his lifelong body of work. The Chiefs and the other defendants have reproduced and displayed his artwork on walls, columns and banners and used it in conjunction with revenue generating concessions and profitable sponsorships. The photographic history in New Arrowhead was only made possible by the unprecedented misappropriation of Hank Young's lifelong body of artwork. Numerous, but not exhaustive, photographic examples of the misappropriation in New Arrowhead are included as Exhibits A1-D5. 5. The Chiefs knew that they had a forty year history with Mr. Young. They knew

that they needed his permission. And, they knew that they needed to pay him. Their attempt to coerce him into assigning all of his rights prior to unveiling New Arrowhead confirms these facts. The Chiefs did not honor tradition, ignored their obligations, and disregarded their duties to Mr. Young under the law. Mr. Young brings this action for copyright infringement in violation of the Copyright Act, 17 U.S.C. § 101 et seq., and for breach of contract, fraud and negligent misrepresentation in violation of the laws of the State of Missouri. II. 6. PARTIES1 Hank Young is a Kansas citizen who lives in Fairway, Kansas.

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Although Plaintiff uses headings and subheadings through this Complaint for organizational purposes, every paragraph made under one heading or subheading is expressly incorporated by reference into all other headings and subheadings. -3-

7.

Defendant Kansas City Chiefs Football Club, Inc. (the "Chiefs" or "Kansas City

Chiefs") is and was at all times relevant herein a Texas Corporation with its principal place of business at One Arrowhead Drive, Kansas City, Missouri 64129. 8. The Chiefs are a professional football team in the Western Division of the

American Football Conference (AFC) in the National Football League (NFL). They play their home games in Arrowhead Stadium, located in Jackson County, Missouri. 9. Defendant Populous, Inc. ("Populous") is and was at all times relevant herein a

Missouri Corporation with its principal of business at 300 Wyandotte, Kansas City, MO 64105. 10. Defendant Workshop Design, L.L.C. ("Workshop Design") is and was at all times

relevant herein a Missouri limited liability company with its principal place of business at 1810 Charlotte Street, Kansas City, MO 64108. 11. Defendant Sprint Nextel Corporation ("Sprint") is and was at all times relevant

herein a Kansas corporation with its principal place of business at 6500 Sprint Parkway, Overland Park, KS 66251-6117. 12. Defendant HyVee, Inc. ("Hy-Vee") is and was at all times relevant herein an Iowa

corporation with its principal place of business at 5820 Westown Parkway, West Des Moines, Iowa 50266-8223. 13. Defendant Time Warner, Inc. ("Time Warner") is and was at all times relevant

herein a Delaware corporation with its principal place of business at One Time Warner Center, New York, NY 10019-8016.

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III. 14. et seq. 15.

JURISDICTION AND VENUE This action arises under the copyright laws of the United States, 17 U.S.C. § 101

Jurisdiction over this action is conferred upon this Court by 28 U.S.C. §§ 1331,

1338(a) & 1367. 16. 17. Injunctive relief is authorized by 17 U.S.C. § 502(a). Venue is proper in this Court under 28 U.S.C. §§ 1391 and 1400 because all

Defendants either reside in this judicial district and are subject to personal jurisdiction here, or a substantial part of the events giving rise to these claims occurred in this district. IV. FACTUAL ALLEGATIONS A. 18. Relationship Between Hank Young and the Kansas City Chiefs.

Mr. Young is a freelance commercial artist with over forty years of experience in

photography. Mr. Young is self-employed and operates his own studio. He has developed a specialty in sports photography and has been retained by sports franchises, publications, and other sports related organizations to photograph sports figures, games, fans, and other related images. His work is widely respected in the sports community. He is the author of a published book titled Gameface, which is a collection of Mr. Young's photographs of the Kansas City Chiefs. 19. In approximately 1970, Mr. Young began a forty year career photographing the

Kansas City Chiefs. Mr. Young was retained by the Kansas City Chiefs Public Relations Department ("Chiefs PR Department") as an independent contractor to take game day photographs. Mr. Young took photographs of game action for the Chiefs PR Department. Mr. Young did not work exclusively for the Chiefs PR Department, however. He also took

photographs of the Chiefs for other clients, including the Hunt family, Carl Peterson, NFL -5-

Properties, Newsweek, the Kansas City Star, Nike, Reebok, Southwestern Bell, Sports Illustrated, and United Press International. 20. Over the course of his forty years photographing the Chiefs, Mr. Young has taken

and accumulated thousands of Chiefs' and Chiefs related photographs, including game pictures, pictures of players and of staff, fans, and cheerleaders (collectively, "Photographs" or "Mr. Young's Photographs"). Some, but not all, of these Photographs were taken pursuant to an agreement between Mr. Young and the Chiefs PR Department. 21. Mr. Young's agreement with the Chiefs' PR Department was that he would take

game action photographs, develop those photographs, and then select and provide them a specified number of photographs after each game. Mr. Young was paid a per-game fee that varied over the course of his freelance relationship. Mr. Young retained the copyright in all of his Photographs and granted the Chiefs PR Department a limited license to use his game action photographs for editorial purposes ("Limited License"). 22. Mr. Young created photographs and permitted the Chiefs PR Department to use

his game action photographs consistent with the terms of the Limited License. For each of the hundreds of photographs taken by Mr. Young, including those relevant to this Complaint, Mr. Young utilized his own equipment. Mr. Young made all creative decisions relating to his artwork. He selected the manner in which to take the photographs; the type of camera, film, and lens used; the positioning of the camera; the angle of the photograph; and the timing of the picture. Mr. Young decided what images to capture, including who or what to include in the photograph and the process used to develop the film. 23. At no time was Mr. Young an employee of the Kansas City Chiefs. Co-extensive

with his independent contractor relationship with the Chiefs, Mr. Young owned and operated

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Young Company. At no time did Mr. Young or Young Company ever sign a work for hire agreement with the Chiefs. The photography services provided by Mr. Young, individually or through Young Company, were provided as an independent contractor. 24. For nearly forty years, the Chiefs PR Department used Mr. Young's game action

Photographs consistent with the terms of the Limited License. Pursuant to the Limited License, the Chiefs' Public Relations Department did not have permission to allow other departments of the Chiefs' organization to use Mr. Young's Photographs. Indeed, during that period, when the Chiefs' wanted to use a Photograph for purposes not permitted by the Limited License, the Chiefs paid Mr. Young an additional licensing fee. By way of example, but not limitation, when the Chiefs wanted to use a Photograph on banners or posters at Arrowhead Stadium, the Chiefs paid Mr. Young for that additional use. By way of another example, when the Chiefs wanted to decorate a suite in Arrowhead Stadium with one of Mr. Young's Photographs, they paid Mr. Young an additional licensing fee to use the Photograph in Arrowhead Stadium. 25. Mr. Young also took many non-game action Photographs that were not subject to

any use by the Chiefs Public Relations Department nor covered by the Limited License. For instance, Mr. Young took photographs of Chiefs' fans, players, cheerleaders, staff and facilities. He also photographed non-Chiefs related events at Arrowhead stadium. 26. On occasion, the Chiefs would want to use a Photograph in a manner that was In those

outside the scope of the Limited License or use a non-game action Photograph.

instances, commonly, the Chiefs would ask Mr. Young to provide particular Photographs or provide other criteria for Mr. Young to use in search of specific Photographs. Mr. Young would then search his extensive archive for Photographs consistent with the Chiefs' request. He would then provide a copy of one or more Photograph(s) to the Chiefs for consideration. In many

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instances, the Chiefs did not inform Mr. Young how they intended to use the Photograph(s) until later. Once Mr. Young was informed of the type of use, Mr. Young and the Chiefs would negotiate a license fee based on the type of use, which included, but was not limited to, the size of the audience, the size of the photograph, and the duration of the use. When the Chiefs wanted to use one of Mr. Young's Photographs in connection with a sponsorship or other revenue generating function, they typically paid a higher license fee. Alternatively, in other instances, the Chiefs would inform Mr. Young of the nature of the use in advance and Mr. Young and the Chiefs would agree on the license fee prior to the use. 27. Separate and apart from the licensing fees charged by Mr. Young, the Chiefs also

paid Mr. Young for the time and effort spent searching his archives for and making copies of any Photograph(s) requested by the Chiefs. But even when the Chiefs already possessed a copy of a Photograph that the Chiefs' wanted to use, and did not have to ask Mr. Young to search for any Photographs, Mr. Young would invoice and the Chiefs' would pay for any use outside the scope of the Limited License. 28. History and tradition demonstrates that the Chiefs recognized Mr. Young was the

exclusive holder of the copyright in his Photographs, that the Chiefs were required to use his Photographs consistent with the terms of the Limited License, and that the Chiefs were required to pay for additional uses, such as when they used Mr. Young's photographs to decorate Arrowhead Stadium. B. 29. 30. The "New Arrowhead" Stadium.

Arrowhead Stadium originally opened on or about August 12, 1972. Although Arrowhead Stadium is owned by Jackson County, Missouri, it is

subleased to the Jackson County Sports Complex Authority, which in turn has granted a sublease to use and manage the stadium to the Kansas City Chiefs. -8-

31.

On or about 2006, Jackson County and the Chiefs agreed to renovate Arrowhead

Stadium. At a cost of approximately $375 million, the renovation was completed in 2010. 32. Pursuant to the terms of the Arrowhead Stadium Development Agreement the

Chiefs managed and oversaw the planning, design, development, construction, completion and making operational the renovations to Arrowhead Stadium. 33. Defendant Populous provided architectural, interior, and graphic design services

in association with renovations made to Arrowhead Stadium. 34. Defendant Workshop Design provided design and graphic design services in

association with renovations made to an area of Arrowhead Stadium referred to as the Hall of Honor. 35. A central aesthetic design aspect of the Arrowhead renovation is the extensive use

of historical photographs of the Chiefs' and its fans. Such photographs have been incorporated into walkways, entrances and exits, doors, walls, columns, banners, and displays ­ both printed and electronic. The use of photographs in this manner is extensive and permeates the stadium, lending New Arrowhead its unique and distinctive look and feel. The extent to which historical photographs have been incorporated and designed into New Arrowhead is very probably unprecedented among NFL stadiums. 36. Numerous, and close to, if not, a majority, of the photographs used in the design

and construction of New Arrowhead are Mr. Young's Photographs. The Chiefs, Workshop Design and Populous used Mr. Young's Photographs in a manner inconsistent with the terms of the Chiefs PR Department's Limited License. In doing so, the Chiefs, Workshop Design and Populous copied and put on public display Mr. Young's copyrighted Photographs without permission and in violation of his copyright.

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C. 37.

The Chiefs Obtained Many of Mr. Young's Photographs under False Pretenses.

The Chiefs Public Relations Department maintained an archive of copies of some

of Mr. Young's game action Photographs, which Mr. Young had previously provided to the PR Department pursuant to the Limited License. Some of the Photographs on display in New Arrowhead appear to have come from the PR Department's archives despite the fact that those Photographs were provided for the exclusive use of the Chiefs' Public Relations Department consistent with the terms of the Limited License. 38. Still more Photographs used in New Arrowhead were obtained from Mr. Young

by the Chiefs under false pretenses. 39. Not later than the fall of 2008 and thereafter, Bob Moore, Director of Public

Relations for the Chiefs, began asking to see Photographs from Mr. Young's archives in connection with a proposed hall of fame in New Arrowhead. Mr. Moore described the hall of fame to Mr. Young as a separate room that was connected to the stadium, but not part of the concourse itself. Numerous requests to see photos followed from, among others, Jeremy Slaven (the Chiefs' Manager of Marketing and Special Events), Brad Gee (the Chiefs' Public Relations Coordinator), Gary Spani (the Chiefs' Director of Special Events), Ken Blume (the Chiefs' Director of Logistics), Josh Looney (the Chiefs' Public Relations Manager), Scott Dewald (at Populous), Rose Welborn (at Workshop Design), Kelly Seleska (at Workshop Design), and Derek Roberts (at Workshop Design). The Chiefs asked Mr. Young to respond directly to these requests from Workshop Design and Populous. 40. Mr. Young granted access to his archive and searched and provided Photographs

for these individuals to review. He was paid for the time spent searching his archive and copying the Photographs. He never granted permission for any specific or general use, copying, or public

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display of his Photographs. Mr. Young was led to believe that these Photographs were going to be used in the aforementioned hall of fame in a manner consistent with the Limited License. Mr.

Young expected and believed that a license fee would be negotiated and agreed upon before any other type of use was contemplated. 41. Despite its unique and superior knowledge about the renovation, the Chiefs never

informed Mr. Young about the true usage or the extent of usage that they had planned for his Photographs in New Arrowhead. Mr. Young had no way of knowing the true usage or extent of usage planned. 42. The Chiefs never told Mr. Young that it was going to use his Photographs as a

central design aesthetic of New Arrowhead. 43. The Chiefs never told Mr. Young that his Photographs were going to be used in a

commercialized manner, in conjunction with and to solicit highly paid sponsorships, such as HyVee, Time Warner, and Sprint or in connection with concessions and other merchandising. 44. The Chiefs knew, through their history with Mr. Young, that usage of his

Photographs in connection with revenue generating activities and paid sponsorships carried additional license fees. Despite this fact, the Chiefs led Mr. Young to believe that his Photographs were intended for a hall of fame, which was a single room of framed photographs in connection with editorial content, and that if they were going to use his Photographs in a different manner, he would be paid a license fee. The Chiefs never informed Mr. Young that the Hall of Honor would be part of a main concourse, would be part of paid sponsorships, or that the Chiefs would receive revenue in conjunction with the Hall of Honor. 45. The Chiefs never told Mr. Young that his Photographs would be used outside of the

hall of fame or in connection with paid sponsorships, such as Hy-Vee or Sprint.

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46.

The Chiefs never told Mr. Young that, in addition to the Photographs it was asking

to see from him, the Chiefs were pirating Photographs from the PR archives and appropriating them in the same manner as described above. 47. Despite a forty-year relationship in which the Chiefs paid Mr. Young a license fee

for the use of his Photographs outside the terms of the Limited License, the Chiefs never informed Mr. Young that it would not 1) pay him a license fee for using the requested Photographs that he was supplying the Chiefs in 2008-2010 or 2) pay him a license fee for the use of the Photographs they were pirating from the PR archives. 48. Had any one of these facts been disclosed to Mr. Young, he would have

immediately stopped providing Photographs to the Chiefs and would have immediately demanded the return of all Photographs unless the Chiefs agreed upon an appropriate licensing fee. 49. Consequently, Mr. Young was induced to continue providing Photographs to the

Chiefs based on false statements, false pretenses, deception, omissions, and partial disclosures made by the Chiefs. D. 50. The Chiefs' Attempt to Coerce Mr. Young Into Giving Up His Rights Before He Learns of its Deception.

The extent of the Chiefs' deception became apparent on July 23, 2010 when New

Arrowhead was unveiled and Mr. Young learned , for the first time, of the extensive use of his artwork without permission. 51. 52. However, the Chiefs' deception escalated and continued until that date. In the summer of 2010, Rob Alberino, the Chiefs' Vice President of Media and

Marketing, demanded that, as a condition of continuing as an independent contractor for the Chiefs PR Department, Mr. Young must assign the copyrights to all his Photographs, from all

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sources (both game action and others) to the Chiefs. In essence, the Chiefs wanted to re-write history and change the terms of a forty year relationship between Mr. Young and the Chiefs. Mr. Young was offered no compensation for this unprecedented demand. He was told he had to accept the offer by July 23, 2010. Because the Chiefs had been misleading him, at the time, Mr. Young did not appreciate the significance of the deadline or understand the reasons behind the demand for him to give up the rights to his 40 year body of work. He soon would. 53. On July 23, 2010, the Chiefs unveiled New Arrowhead stadium. Mr. Young

attended a media tour of the renovated stadium and learned for the first time the extensive and unlicensed use of his Photographs as a central design aesthetic of New Arrowhead. Mr. Young's Photographs were incorporated into the manufacture of the new stadium, including in a commercialized Hall of Honor that was far from the hall of fame represented to Mr. Young, on entranceways, on spiral ramp walkways, on stadium concourses, on concession areas, and elsewhere. 54. On the same date, Mr. Young learned that his Photographs had been used to sell

sponsorships and to enhance the commercial appeal of the stadium to sponsors. 55. After learning about the extensive unlicensed use of his Photographs, Mr. Young

rejected the Chiefs' coercive attempt to force him into transferring the copyright to his Photographs. 56. Shortly after he learned that the Chiefs had made his artwork a central design

aspect of New Arrowhead, Mr. Young requested a meeting with Mark Donovan, who is currently President of the Kansas City Chiefs. At the meeting, Mr. Donovan refused to even discuss the unauthorized use of Mr. Young's Photographs and told Mr. Young that he could not pursue a request for compensation for the use of his Photographs and continue as a game day

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photographer. Consequently, Mr. Young's forty-year relationship with the Kansas City Chiefs came to end. E. 57. Commercialization Sponsorships. of Mr. Young's Photographs to Promote

The Chiefs sold for profit sponsorship rights to areas of the New Arrowhead

stadium to Defendants Sprint, Hy-Vee, and Time Warner. 58. The sponsored areas of the New Arrowhead stadium prominently display the

name and/or logo of the respective sponsor. The names and/or logos of the respective sponsors are displayed on or in close association with some of Mr. Young's Photographs. Mr. Young never gave his permission to have his Photographs used in connection with any sponsorships or authorized the use of his Photographs to promote the services of the sponsors. 59. Specifically, Sprint sponsored an area of New Arrowhead that includes one of the

spiral ramps and an adjacent entrance area which includes Mr. Young's Photographs in conjunction with the Sprint name and logo. Mr. Young's Photographs are being used to

advertise or otherwise promote Sprint and its products. 60. Sprint's name and logo is a registered federal trademark and as such Sprint

controls the manner and use of that name and logo. Sprint has permitted its logo to be used in conjunction with Mr. Young's Photographs, despite the ability and right to control the use of its logo and name. 61. Sprint also had and retains the right and ability to supervise the selection,

reproduction, transformation and public display of the photographs chosen for public display in conjunction with its logo, name and sponsorship at Arrowhead Stadium. 62. Sprint knew or should have known that Mr. Young owned the copyright in his

Photographs and had to be paid for the use of his Photographs. On at least one prior occasion,

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Sprint paid Mr. Young for permission to use one of his Photographs in connection with a Chiefs' sponsorship. 63. Provided below is an example of one of Mr. Young's Photographs next to a

photograph of an area of Arrowhead Stadium sponsored by Sprint:

64.

Hy-Vee also sponsored an area of New Arrowhead that includes one of the spiral

ramps and an adjacent entrance area that includes Mr. Young's Photographs in conjunction with the Hy-Vee name and logo. Mr. Young's Photographs are being used to advertise or otherwise promote Hy-Vee and its products 65. Hy-Vee's name and logo is a registered federal trademark and as such Hy-Vee

controls the manner and use of that name and logo. Hy-Vee has permitted its logo to be used in conjunction with Mr. Young's Photographs, despite the ability and right to control the use of its logo and name. 66. Hy-Vee had and retains the right and ability to supervise the selection,

reproduction, transformation and public display of the photographs chosen for public display in conjunction with its logo, name and sponsorship at Arrowhead Stadium.

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67.

Hy-Vee knew or should have known that Mr. Young owned the copyright in his

Photographs and had to be paid for the use of his Photographs. On at least one prior occasion, Hy-Vee paid Mr. Young for permission to use one of his Photographs in connection with a Chiefs' sponsorship. 68. Provided below is an example of one of Mr. Young's Photographs next to a

photograph of an area of Arrowhead Stadium sponsored by Hy-Vee:

69.

Time Warner also sponsored an area of New Arrowhead that includes the Hall of

Honor and adjacent sections, which include Mr. Young's Photographs in conjunction with the Time Warner Cable name and logo. Mr. Young's Photographs are being used to advertise or otherwise promote Time Warner and its products. 70. Time Warner's name and logo is a registered federal trademark and as such Time

Warner controls the manner and use of that name and logo. Time Warner has permitted its logo to be used in conjunction with Mr. Young's Photographs, despite the ability and right to control the use of its logo and name.

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71.

Time Warner had and retains the right and ability to supervise the selection,

reproduction, transformation and public display of the photographs chosen for public display in conjunction with its logo, name and sponsorship at Arrowhead Stadium. 72. Time Warner knew or should have known that Mr. Young owned the copyright in

his Photographs and had to be paid for the use of his Photographs. On at least one prior occasion, Time Warner paid Mr. Young for permission to use one of his Photographs in connection with a Chiefs' sponsorship. 73. Provided below is an example of one of Mr. Young's Photographs next to a

photograph of an area of Arrowhead Stadium sponsored by Time Warner:

F. 74.

Copyrighted Photographs that Mr. Young Knows are Being Infringed.

Mr. Young has not granted permission nor been compensated for the extensive

reproductions, public display or creation of derivatives works of his Photographs throughout the renovated Arrowhead Stadium. 75. Mr. Young's Photographs constitute original works of authorship that are

protected under United States Copyright laws. 76. Mr. Young is the exclusive owner of the copyright in each of the Photographs

now and at all times relevant to this Complaint.

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77.

Mr. Young applied for certificates of registration from the United States

Copyright Office in many of his Photographs, including those relevant to the Complaint. 78. Mr. Young received, from the Register of Copyrights, certificates of registration

that cover many of his Photographs now being infringed by the Defendants, including the following Registrations: VAu609-590; VAu632-439; VAu636-251; VAu638-208; VAu658-

557; VAu667-242; VAu672-514; VAu694-755; VAu736-653; VAu738-012; VAu970-917; VAu987-474; and VAu 1-055-263. Copies of his certificates of registration are attached as Exhibit E. 79. Tables A-D, attached hereto, list the Photographs registered by Mr. Young that

Mr. Young knows the Chiefs' are infringing. Mr. Young has not exhaustively inventoried New Arrowhead and this list does not include all of the Photographs that are being infringed. He reserves the right to amend this Complaint to include new photographs, each of which constitutes a separate and distinct act of infringement, once an inventory has occurred. 80. The use of Mr. Young's Photographs in New Arrowhead is well outside the terms

of the Limited License between Mr. Young and the Chiefs Public Relations Department. 81. Mr. Young's Photographs are integral to the aesthetic appearance and appeal of

the New Arrowhead Stadium and are being used to promote the Kansas City Chiefs football team.

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82.

Provided below are further examples Mr. Young's Photographs next to a

photograph of an area of Arrowhead Stadium in which Plaintiff Young's photograph was used:

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COUNT I Direct Copyright Infringement by the Chiefs, Populous and Workplace Design 83. The Chiefs, Populous, and Workplace Design have directly infringed Mr.

Young's copyright in his Photographs, including, but not limited to, the Registered Photographs listed in Tables A-D. Mr. Young's copyrights have been infringed in violation of 17 U.S.C. § 106. 84. The Chiefs, without permission from Mr. Young, have reproduced, created

derivative works based upon, and publicly displayed Mr. Young's Photographs in connection with the renovations to New Arrowhead Stadium. 85. Populous, without permission from Mr. Young, reproduced in copies and created

derivative works based upon Mr. Young's Registered Photographs in connection with the renovations to New Arrowhead Stadium. 86. Workshop Design, without permission from Mr. Young, reproduced in copies and

created derivative works based upon Mr. Young's Registered Photographs in connection with the renovations to New Arrowhead Stadium. 87. The infringement made by the Chiefs, Populous and Workshop Design was They have acted with a total and conscious disregard of Mr. Young's

willful in nature. copyrights. 88.

The infringement by the Chiefs, Populous and Workshop Design has caused Mr.

Young irreparable injury. Unless restrained and enjoined, the Chiefs, Populous and Workshop Design will continue to commit such acts. Mr. Young's remedy at law is not adequate to compensate him for these continuing injuries, entitling Mr. Young to remedies including

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injunctive relief as provided by 17 U.S.C. § 502, and an order impounding or destroying any and all infringing materials pursuant to 17 U.S.C. § 503. COUNT II Vicarious Liability for Copyright Infringement by All Defendants 89. The Chiefs had and continue to have the option and ability to supervise the

reproduction in copies, creation of derivative works based upon and public display of all artwork on display in the renovated stadium. Photographs infringed. 90. The Chiefs had and continue to have a direct financial interest in and received and Tables A-D list some, but not all, of Mr. Young's

continues to receive a direct financial benefit from the infringing activities alleged herein, including, but not limited, through the sale of game, event, and tour tickets, sponsorships, concessions and merchandise. The Chiefs are vicariously liable for the infringements alleged herein. 91. It is common among commercial entities that reproduce artwork or photographs,

like Populous, to insist upon proof of copyright or permission to copy prior to making reproductions. Populous had the option and ability to supervise the reproduction in copies and creation of derivative works based upon Mr. Young's Photographs in connection with the renovations to New Arrowhead Stadium, including the Photographs listed in Tables A-D of this complaint. Populous was paid for its work in connection with New Arrowhead Stadium and had a direct financial interest in and received a direct financial benefit from the infringing activities alleged herein. Populous is vicariously liable for the infringements alleged herein. 92. It is common among commercial entities that reproduce artwork or photographs,

like Workshop Design, to insist upon proof of copyright or permission to copy prior to making

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reproductions.

Workshop Design had and has the option and ability to supervise the

reproduction in copies, creation of derivative works based upon and public display of at least some of Mr. Young's Photographs in connection with the renovations to New Arrowhead Stadium, including the Photographs in Table D attached to this complaint. Workshop Design was paid for its work in connection with New Arrowhead Stadium and had a direct financial interest in and received a direct financial benefit from the infringing activities alleged herein as to the Photographs listed in Table D. Workshop Design is vicariously liable for the

infringements as to the Photographs listed in Table D attached to this complaint. 93. Sprint had and continues to have the right and ability to supervise the

reproduction in copies, creation of derivative works based upon and public display of artwork used in conjunction with its sponsorship. At least those Photographs listed in Table B were used in connection with the renovations to New Arrowhead Stadium and Sprint's sponsorship. Sprint has and continues to have a direct financial interest in and received and continues to receive a direct financial benefit from the infringing activities alleged herein as to the Photographs in Table B. Sprint is vicariously liable for the infringements as to the Photographs listed in Table B attached to this complaint. 94. Hy-Vee had and continues to have the right and ability to supervise the

reproduction in copies, creation of derivative works based upon and public display of artwork used in conjunction with its sponsorship. At least those Photographs listed in Table C were used in connection with the renovations to New Arrowhead Stadium and Hy-Vee's sponsorship. Defendant Hy-Vee has and continues to have a direct financial interest in and received and continues to receive a direct financial benefit from the infringing activities alleged herein as to

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the Photographs in Table C.

Hy-Vee is vicariously liable for the infringements as to the

Photographs listed in Table C to this complaint. 95. Time Warner had and continues to have the option and ability to supervise the

reproduction in copies, creation of derivative works based upon and public display of artwork used in conjunction with its sponsorship. At least those Photographs listed in Table D were used in connection with the renovations to New Arrowhead Stadium and Time Warner's sponsorship. Time Warner has and continues to have a direct financial interest in and received and continues to receive a direct financial benefit from the infringing activities alleged herein as to the Photographs listed in Table D. Time Warner is vicariously liable for the infringements as to the Photographs listed in Table D to this complaint. COUNT III Fraud / Fraud in the Inducement by the Kansas City Chiefs 96. The Chiefs fraudulently induced Mr. Young into providing Photographs for New

Arrowhead and fraudulent obtained Photographs from him. 97. At all times relevant to this Complaint, the Chiefs had superior knowledge to Mr.

Young about the incorporation of artwork and photography in the planning, design, and construction of New Arrowhead. Mr. Young did not have access to and could not have learned through ordinary diligence how the Chiefs' intended to use artwork in the renovated stadium. 98. The Chiefs' made misrepresentations, partial disclosures, and other non-

disclosures, as described in the preceding paragraphs, that they knew to be false and/or had a duty to disclose and that they intended Mr. Young to rely upon in order to induce him into providing Photographs. Paragraphs 29-49 contain a non-exhaustive list of such

misrepresentations, omissions and partial disclosures.

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99.

Prior to unveiling the stadium, the Chiefs attempted to coerce a transfer of

copyright from Mr. Young by declining to permit him to continue as a freelance photographer until he made such a transfer. 100. The representations, omissions and partial disclosures made by the Chiefs, were

material, as Mr. Young would not have continued providing Photographs but for the misrepresentations and/or failures to disclose. 101. As a direct result of the fraud Mr. Young was damaged. COUNT IV Negligent Misrepresentations by the Chiefs 102. The misrepresentations, omissions and partial disclosures described above were

negligent as the Chiefs failed to exercise ordinary care in making the representations, omissions and partial disclosures that induced Mr. Young to continue providing Photographs. 103. damaged. COUNT V Breach of Contract by the Kansas City Chiefs 104. The Chiefs have breached their contract with Mr. Young by engaging in the As a direct result of the Chiefs' negligent misrepresentations Mr. Young was

extensive and egregious acts described in this Complaint, including, but not limited to, by using Mr. Young's Photographs in a manner that violates the terms of the Limited License. 105. Mr. Young has been directly and proximately injured as a result of that breach. PRAYER FOR RELIEF WHEREFORE, Mr. Young requests judgment in his favor and against Defendants as follows:

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a.

That Defendants, their officers, directors, agents, employees and those in

active concert or participation with them, be enjoined from reproducing, distributing, displaying in public or preparing derivative works based on any of Mr. Young's Photographs pursuant to 17 U.S.C. § 502; b. That Defendants, their officers, directors, agents, employees and those in

active concert or participation with them, remove and destroy any and all materials infringing on Mr. Young's Photographs pursuant to 17 U.S.C. § 503. c. That Defendants, their officers, directors, agents, employees and those in

active concert or participation with them, be enjoined from possessing, advertising, receiving, shipping, delivering, distributing, holding for sale, returning, offering to sell or otherwise disposing of in any manner any and all materials infringing on Mr. Young's Photographs pursuant to 17 U.S.C. § 503; d. That Defendants jointly and severally be ordered to pay the actual

damages suffered by Plaintiff Young and any additional profits of Defendants as a result of Defendants' infringement of Mr. Young's Photographs pursuant to 17 U.S.C. §§ 504(a) and (b); e. That Defendants jointly and severally be ordered to pay statutory damages

of $150,000 per copyrighted work infringed pursuant to 17 U.S.C. § 504(c); f. That Defendants jointly and severally be ordered to pay all attorneys' fees

and costs pursuant to 17 U.S.C. § 505; g. judgment interest; h. That the Chiefs be ordered to pay all damages for breach of contract; That Defendants jointly and severally be ordered to pay any pre- and post-

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i.

That the Chiefs be ordered to pay all damages for their fraudulent and

negligent conduct, including, but not limited to punitive damages; and j. proper. V. DESIGNATION OF PLACE OF TRIAL. Mr. Young designates Kansas City, Missouri as the place of trial for this matter. VI. REQUEST FOR JURY TRIAL. Mr. Young requests trial by jury. Dated: April 4, 2011 Respectfully submitted, For such other and further relief as the Court may deem just in law and

s/ Patrick J. Stueve STUEVE SIEGEL HANSON LLP Patrick J. Stueve (MO Bar # 37682) [e-mail] Bradley T. Wilders (MO Bar # 60444) [e-mail] 460 Nichols Rd., Suite 200 Kansas City, Missouri 64112 Telephone: [phone] Facsimile: 816-714-7101 ERICKSON, KERNELL, DERUSSEAU & KLEYPAS, LLC Kent R. Erickson (MO Bar # 40986) [e-mail] James J. Kernell (MO Bar # 48850) [e-mail] 800 West 47th Street, Suite 401 Kansas City, Missouri 64112 Telephone: [phone] Facsimile: 816-753-6888 ATTORNEYS FOR PLAINTIFF HANK YOUNG

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TABLES Non-Exhaustive List of Mr. Young's Photographs Being Infringed Table A ­ Photographs on Display in New Arrowhead Exhibit No. A1 A2 A3 A4 A5 A6 A7 A8 A9 A10 A11 A12 A13 A14 Registration Number of Infringed Work VAu987-474 VAu738-012 VAu738-012 VAu970-917 VAu1-055-263 VAu638-208 VAu636-251 VAu658-557 VAu636-251 VAu672-514 VAu667-242 VAu738-012 VAu632-439 VAu736-653 Date of Registration 03/18/2009 02/23/2007 02/23/2007 03/20/2008 02/19/2010 04/23/2004 08/05/2004 02/04/2005 08/05/2004 05/06/2005 04/29/2005 02/23/2007 06/25/2004 10/23/2006 Location of Infringement Visitor Center Visitor Center Visitor Center Visitor Center Visitor Center Concourse 1st Level Concourse
Hall of Fame Suite Door

Title of Work Infringed CHIEFS-fans-2008_15 Wolf91006190 cheer102206_78113
FLAGS-PACKERS-11-4-07_26

Warpaint-12_13_09 D-79g O1-92-W Thomas,Derrick2-safety-98-pf6 Sta2-97-W Spani,Gary2-86-nl Fly.2004.2 cheer102206_78113 Warpaint-A-88 Wolf-pa-00

Club Level Concession 1st Level Visitor Center Spiral Spiral Spiral

Table B ­ Photographs on Display in Areas Sponsored by Sprint Exhibit No. B1 B2 B3 B4 B5 Registration Number of Infringed Work VAu609-590 VAu694-755 VAu667-242 VAu636-251 VAu667-242 Date of Registration 01/13/2004 02/15/2006 04/29/2005 08/05/2004 04/29/2005 Location of Infringement Sprint Gate Spiral Sprint Gate Spiral Sprint Gate Spiral Sprint Gate Spiral Sprint Gate Exterior

Title of Work Infringed crowd-1 Fan2-9-05 fans.2004.16 Fans-02 Offense.2004.11.line

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Table C ­ Photographs on Display in Areas Sponsored by Hy-Vee Exhibit No. C1 C2 C3 C4 C5 C6 Registration Number of Infringed Work VAu636-251 VAu987-474 VAu658-557 VAu736-653 VAu636-251 VAu636-251 Date of Registration 08/05/2004 03/18/2009 02/04/2005 10/23/2006 08/05/2004 08/05/2004 Location of Infringement Hy-Vee Spiral Hy-Vee Entrance Hy-Vee Entrance Hy-Vee Spiral Hy-Vee Gate Spirals Hy-Vee Spiral

Title of Work Infringed Fan-arrow-95-W CHIEFS-group-2008_32 Tailgating2-73-pf3 Fans6-02 Fan-arrow-95-W Fan-arrow-95-W

Table D ­ Photographs on Display in Areas Sponsored by Time Warner Registration Number of Infringed Work VAu638-208 VAu658-557 VAu672-514 VAu638-208 VAu736-653

Exhibit No. D1 D2 D3 D4 D5

Title of Work Infringed Montana5-g93
D-Schot-group-91-pf5

Date of Registration
08/05/2004 02/04/2005 05/06/2005 04/23/2004 10/23/2006

Location of Infringement
Time Warner Hall Concourse Time Warner Hall Concourse Time Warner Hall Concourse Time Warner Hall Concourse Time Warner Hall Concourse

Cherry,Deron-80-nflp2 Delaney8-81g D2-01

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