Case 2:14-cv-00603 Document 1 Filed 01/27/14 Page 1 of 14 Page ID #:1 2 3 4 5 6 7 MARTIN D. SINGER, ESQ. (BAR NO. 78166) EVAN N. SPIEGEL, ESQ. (BAR NO. 198071) HENRY L. SELF III, ESQ. (BAR NO. 223153) LAVELY & SINGER PROFESSIONAL CORPORATION 2049 Century Park East, Suite 2400 Los Angeles, California 90067-2906 Telephone: (310) 556-3501 Facsimile: (310) 556-3615 E-Mail: mdsinger@lavelysinger.com espiegel@lavelysinger.com Attorneys for Plaintiff Quentin Tarantino 8 UNITED STATES DISTRICT COURT m 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION co 1 11 16 17 18 19 20 21 22 E. LI N 15 CASE NO. COMPLAINT FOR: 1. COPYRIGHT INFRINGEMENT 2. D 14 ) ) ) Plaintiff, ) ) v. ) ) GAWKER MEDIA, LLC, a/k/a ) Gawker Media, a Delaware ) corporation; GAWKER MEDIA ) GROUP, INC, a/k/a Gawker Media, ) a Cayman Islands corporation; ) GAWKER ENTERTAINMENT, ) LLC, a/k/a Gawker Media, a New ) York corporation; DOE-1, a/k/a ) ANONFILES.com, an unknown ) entity/person, and DOES 2 through ) 10, inclusive, ) ) Defendants. ) ) ) EA 13 QUENTIN TARANTINO, an individual; CONTRIBUTORY COPYRIGHT INFRINGEMENT [JURY TRIAL DEMANDED] D 12 23 24 25 26 /// 27 /// 28 /// 4417-7\Ple\COM 012414 1 COMPLAINT Case 2:14-cv-00603 Document 1 Filed 01/27/14 Page 2 of 14 Page ID #:2 1 Plaintiff Quentin Tarantino (“Plaintiff” and/or “Tarantino”), alleges: 2 THE NATURE OF THIS ACTION 3 1. This action is necessitated by Gawker Media’s, and the other 4 defendants’, blatant copyright infringement by their promotion and dissemination 5 of unauthorized downloadable copies of the leaked unreleased complete screenplay 6 for Quentin Tarantino’s motion picture The Hateful Eight (the “Screenplay”). 7 2. Gawker Media has made a business of predatory journalism, violating people’s rights to make a buck. This time they went too far. Rather than merely 9 publishing a news story reporting that Plaintiff’s screenplay may have been 10 circulating in Hollywood without his permission, Gawker Media crossed the 11 journalistic line by promoting itself to the public as the first source to read the entire 12 Screenplay illegally. Their headline boasts “Here Is the Leaked Quentin Tarantino 13 Hateful Eight Script” – “Here,” not someplace else, but “Here” on the Gawker 14 website. The article then contains multiple direct links for downloading the entire 15 Screenplay through a conveniently anonymous URL by simply clicking button-links 16 on the Gawker page, and brazenly encourages Gawker visitors to read the 17 Screenplay illegally with the invitation to “Enjoy!” it. 18 newsworthy or journalistic about Gawker Media facilitating and encouraging the 19 public’s violation of Plaintiff’s copyright in the Screenplay, and it’s conduct will 20 not shield Gawker Media from liability for their unlawful activity. 21 There was nothing D EA D LI N E. co m 8 3. Notwithstanding repeat demands for the removal of the posted URL 22 links for direct downloading of the unlawfully posted script, including submissions 23 of DMCA notices of copyright infringement, Gawker Media failed and expressly 24 refused to remove their directions to and URL links to get the infringing materials. 25 Gawker Media knowingly and actively acted as a promoter of copyright pirates, 26 and, itself, did directly cause, contribute to, enable and facilitate copyright 27 infringement. 28 Defendants’ conduct. 4417-7\Ple\COM 012414 The reason for the Copyright Act is to protect against the 2 COMPLAINT Case 2:14-cv-00603 Document 1 Filed 01/27/14 Page 3 of 14 Page ID #:3 1 4. This is an action to obtain redress for Defendants’, and their co- 2 conspirators’, blatant violation of Tarantino’s copyrighted work, among other 3 calculated wrongful and tortious conduct. JURISDICTION & VENUE 4 5 5. This action is brought, and exclusive subject matter jurisdiction lies within this Court upon multiple grounds, including pursuant to the United States 7 Copyright Act, 17 U.S.C. Sections 101 et seq., based on acts of copyright 8 infringement committed in the United States (28 U.S.C. §§ 1331 and 1338(a)). This 9 Court has federal question jurisdiction over this matter pursuant to 28 U.S.C. § 11 1338(a), and pursuant to 17 U.S.C. § 410(d) and § 411. 6. co 10 m 6 Venue lies within this District pursuant to 28 U.S.C. §1400, and is also proper in this District pursuant to 28 U.S.C. § 1391 (b) and (c) because Defendants, 13 and each of them, are subject to personal jurisdiction in this District as a substantial 14 part of the events or omissions giving rise to the claims herein occurred in this 15 District. This Court also has jurisdiction and venue of this action under 15 U.S.C. 16 §1125 et seq., 28 U.S.C. §§1331, 1338(a) and (b). Some of the key acts giving rise 17 to the claims asserted herein occurred in Los Angeles, California. The amount in 18 controversy includes statutory damages for copyright infringement of up to 19 $150,000 per violation, which Plaintiff sustained in the County of Los Angeles. LI N D EA D 20 E. 12 FACTS COMMON TO ALL CLAIMS FOR RELIEF THE PARTIES 21 22 7. Plaintiff Quentin Tarantino (“Plaintiff” and/or “Tarantino”) is, and 23 at all times relevant hereto was, an individual residing in and who is engaged in and 24 doing business in the County of Los Angeles, State of California. Tarantino is a 25 multiple Oscar winning and nominated writer and director. 26 8. Defendant Gawker Media, LLC, also know as (a/k/a) and doing 27 business as (d/b/a) Gawker Media, is, and at all times relevant hereto was, a limited 28 liability company organized and operating under the laws of the State of Delaware, 4417-7\Ple\COM 012414 3 COMPLAINT Case 2:14-cv-00603 Document 1 Filed 01/27/14 Page 4 of 14 Page ID #:4 1 with its principal place of business in the State of New York, and who is engaged 2 in and doing business and commercial activities in and causing a direct effect in the 3 County of Los Angeles, State of California. 4 9. Defendant Gawker Entertainment, LLC, a/k/a and d/b/a Gawker 5 Media, is, and at all times relevant hereto was, a limited liability company 6 organized and operating under the laws of the State of New York, and who is 7 engaged in and doing business and commercial activities in and causing a direct 8 effect in the County of Los Angeles, State of California. 10. Defendant Gawker Media Group, Inc, a/k/a and d/b/a Gawker m 9 Media, is, and at all times relevant hereto was, a Cayman Islands corporation, and 11 is a citizen of the Cayman Islands pursuant to 28 U.S.C. 1332(c), who is engaged 12 in and doing business and commercial activities in and causing a direct effect in the 13 County of Los Angeles, State of California. E. 11. LI N 14 co 10 Defendants Gawker Media, LLC and Gawker Entertainment, LLC were and are under the control of defendant Gawker Media Group, Inc, all of whom are 16 collectively herein referred to as “Gawker Media.” 12. Defendant DOE-1, also known as AnonFiles.com, is, and at all times EA 17 D 15 relevant hereto was, an unknown person or entity of unknown form and location, 19 and who is engaged in and doing business and commercial activities in and causing 20 a direct effect in the County of Los Angeles, State of California. 21 D 18 13. Plaintiff is presently unaware of the true names and capacities of 22 Defendants sued herein as DOES 2 through 10, inclusive, and therefore sues said 23 Defendants by such fictitious names. Plaintiff will amend this Complaint to allege 24 the true names and capacities of such fictitiously named Defendants when the same 25 have been ascertained. Plaintiff is informed and believes and based thereon alleges 26 that each of the fictitiously named Defendants is responsible in some manner for the 27 occurrences, acts and omissions alleged herein and that Plaintiff’s damages were 28 proximately caused by their conduct. Hereinafter all Defendants including Doe 4417-7\Ple\COM 012414 4 COMPLAINT Case 2:14-cv-00603 Document 1 Filed 01/27/14 Page 5 of 14 Page ID #:5 1 Defendants will sometimes be referred to collectively as “Defendants.” 2 convenience, each reference to a named Defendant herein shall also refer to the Doe 3 2 through 10 Defendants, and each of them, as applicable. 4 14. For Plaintiff is informed and believes and based thereon alleges that at all material times Defendants, and each of them, were the agents, employees, partners, 6 joint venturers, co-conspirators, owners, principals, and employers of the remaining 7 Defendants, and each of them, and are, and at all times herein mentioned were, 8 acting within the course and scope of that agency, employment, partnership, 9 conspiracy, ownership or joint venture. Plaintiff is informed and believes and based 10 thereon alleges that the officers, directors and/or managing agents of the Defendant 11 business entities, authorized, directed and/or ratified the wrongful acts of the 12 employees and representatives of said Defendants and, consequently, all of said 13 Defendants are jointly and severally liable to Plaintiff. LI N E. co m 5 PLAINTIFF’S REGISTERED COPYRIGHT 14 15 15. Plaintiff Tarantino wrote a screenplay for a new ensemble western motion picture, titled The Hateful Eight (the “Screenplay”), that he would direct. 17 Plaintiff previously filed for registration of copyright with the United States 18 Copyright Office (“USCO”) for the subject work, the Screenplay, as a “motion 19 picture screenplay” literary textual work under the title “The Hateful Eight,” 20 pursuant to USCO Claim ID Number 1-JAFORJ. Said copyright registration 21 application has been fully completed and was submitted, effective as of January 23, 22 2014 at 3:19:26 PM ET, including with full payment tendered of the service fee and 23 deposit of the subject material -- all prior to the infringements set forth herein. D EA D 16 BACKGROUND AND NATURE OF THIS ACTION 24 25 16. On or about January 21, 2014, Plaintiff discovered that a copy of his 26 Screenplay had, without his knowledge or authorization, been leaked publicly, albeit 27 in a limited manner (i.e., online search engine searches for a copy of the script, 28 through January 23, did not have any positive results). After learning of the leak, 4417-7\Ple\COM 012414 5 COMPLAINT Case 2:14-cv-00603 Document 1 Filed 01/27/14 Page 6 of 14 Page ID #:6 1 Plaintiff decided to postpone working on the movie, and stated publicly -- in an 2 interview that was widely reported in the media -- that he intended to publish it. 3 Plaintiff routinely publishes his screenplays for substantial advances and royalties. 17. 4 On January 22, 2014 at 10:37 AM ET, Gawker Media posted an article the “Defamer” on 6 (Gawker’s “January 22nd Article”) -- about the leaked 8 script and about Plaintiff’s public statements on the matter. In Gawker’s January 9 22nd Article, Gawker Media also actively solicited its readers to provide it with an 10 unauthorized infringing copy of the Screenplay, stating “if anyone would like to 11 ... leak the script to us, please do so at [email address].” of its Gawker Website -- at co 18. Plaintiff is informed and believes that Gawker Media itself for its own E. 12 section m 5 benefit, itself transmitted or encouraged an infringing unauthorized full copy of the 14 Screenplay to be posted for download on the obscure file share website 15 AnonFiles.com (“AnonFiles Website”) page, at the url (the “Screenplay Download URL”). D 19. Immediately thereafter, on January 23, 2014 at 4:50 PM ET, with full EA 17 LI N 13 knowledge that it was an unauthorized copy of Tarantino’s unreleased copyrighted 19 script, Gawker Media posted an article on its Gawker Website -- at 20 (Gawker’s “January 23rd Article”) -- with direct URL click- 22 through links for the transmission and downloading of the complete Screenplay at 23 the Screenplay Download URL. In its January 23rd Article, titled “Here Is the 24 Leaked Quentin Tarantino Hateful Eight Script”, Gawker Media expressly and 25 specifically directed, encouraged and solicited its “47,000,000 Monthly US 26 Readers” and the general public with click-through URL links on where and how 27 to obtain an unauthorized downloadable copy of the unreleased Screenplay, by 28 which they intended to and did directly cause, contribute to, enable, facilitate, aid, D 18 4417-7\Ple\COM 012414 6 COMPLAINT Case 2:14-cv-00603 Document 1 Filed 01/27/14 Page 7 of 14 Page ID #:7 1 abet, induce and/or participate in the infringement of Plaintiff’s copyrighted work. 2 Plaintiff is informed and believes and based thereon alleges that the general public 3 would not have known about or found the complete copy of the Screenplay on the 4 AnonFiles Website if not for Gawker Media’s article post and specific click-through 5 URL links to the Screenplay. Gawker Media’s article linked to the first (and 6 otherwise unknown) incidence of the complete Screenplay being posted online. 7 Gawker Media’s article and links became the source for spread of the leak, as it was 8 then widely commented upon and referred to by various other media outlets. 20. Notwithstanding repeated demands for the removal of the posted direct m 9 URL links to downloadable copies of the unlawfully posted infringing materials, 11 including submissions to Defendants of DMCA notices of copyright infringement 12 (as more fully set forth hereinbelow), (i) Defendant DOE-1 failed to expeditiously 13 disable access to and/or remove the posted infringing materials, and then, even after 14 the initial downloadable Screenplay pdf file was eventually removed, soon thereafter 15 a subsequent pdf file copy was posted and made available for download at the exact 16 same AnonFiles Website Screenplay Download URL, and (ii) the Gawker Media 17 defendants failed and expressly refused to remove its directions to and links to the 18 initial downloadable infringing Screenplay and subsequent downloadable infringing 19 Screenplays. E. LI N D EA D 20 co 10 21 FIRST CLAIM FOR RELIEF 22 Copyright Infringement [17 U.S.C. § 101 et. seq.] 23 (Against Defendants DOE-1 and DOES 2-10) 24 25 26 21. Plaintiff repeats, realleges and incorporates each and every allegation contained in Paragraphs 1 through 20, inclusive, as though fully set forth herein. 22. Plaintiff is the sole exclusive owner of all right, title and interest in the 27 work and copyright to the Screenplay, and the physical embodiment(s) thereof. The 28 subject work of this claim has been properly and fully submitted in Plaintiff’s name 4417-7\Ple\COM 012414 7 COMPLAINT Case 2:14-cv-00603 Document 1 Filed 01/27/14 Page 8 of 14 Page ID #:8 1 to the U.S. Copyright Office (“USCO”) for copyright registration, prior to the 2 infringement alleged herein. 3 23. Plaintiff is informed and believes and thereon alleges that Defendant 4 DOE-1 a/k/a AnonFiles.com, and Does 2-10, and each of them -- whether directly 5 and/or by permitting or facilitating a user of its site to do so -- uploaded and posted, 6 and made available to the public, unauthorized copies of the Screenplay. Plaintiff 7 is informed and believes alleges that Defendants, directly or indirectly, posted for 8 view and download, unauthorized full copies of the Screenplay. 24. Defendants’ copying of, use, reproduction, distribution, display, m 9 transmission and/or dissemination of copies of the Screenplay and any physical 11 embodiment thereof is unauthorized, and constitutes an infringement of Plaintiff’s 12 rights, including of the Screenplay copyright, and violation of copyright law. 13 Defendants have infringed Plaintiff’s exclusive copyright in and to the Screenplay 14 directly and indirectly by use, reproduction, display, transmission and/or 15 dissemination of the copyrighted work, causing the copyrighted work to be copied 16 and distributed, all without the consent of Plaintiff. E. LI N D 25. On January 23 and 25, 2014, Plaintiff’s authorized agent submitted a EA 17 co 10 “Digital Millennium Copyright Act (“DMCA”) Notice of Infringement” to the 19 operators of the AnonFiles Website (the “AnonFiles DMCA Notice”), providing 20 notice that the infringing copy of the Screenplay, or links to access thereof, appears 21 at the URL locations on the Website and/or hosted and contained on its server 22 and/or system (“systems”) as set forth in the AnonFiles DMCA Notice. Pursuant 23 to the AnonFiles DMCA Notice, Plaintiff’s authorized agent made demand that the 24 operators of the AnonFiles Website immediately remove from its website/systems 25 the unauthorized posting of the Screenplay and/or any links that allows for access 26 to the transmission and/or downloading of the Screenplay. Plaintiff’s authorized 27 agent further made demand that the operators of the AnonFiles Website cease and 28 desist from using the AnonFiles Website to directly or indirectly cause, contribute D 18 4417-7\Ple\COM 012414 8 COMPLAINT Case 2:14-cv-00603 Document 1 Filed 01/27/14 Page 9 of 14 Page ID #:9 to, enable, facilitate, aid, abet, induce and/or participate in the infringement of 2 Plaintiff’s copyrighted work, including as identified in AnonFiles DMCA Notice. 3 Defendants failed to expeditiously comply with the AnonFiles DMCA Notice, and 4 failed to expeditiously remove and/or disable access to the unauthorized copies of 5 the Screenplay posted on and disseminated through the AnonFiles Website and 6 systems, including at the dedicated Screenplay Download URL page. And then, 7 even after the initial Screenplay pdf file was eventually disabled, a replacement pdf 8 file copy was posted and made available for view and download at the same 9 AnonFiles Website Screenplay Download URL. 26. As a direct and proximate result of Defendants’ infringing activities, co 10 m 1 Plaintiff has sustained and will continue to sustain further substantial injury, 12 including damage to his business and profession and loss of value of the Screenplay, 13 in an amount not yet known but to be determined according to proof at trial. LI N E. 11 14 27. Plaintiff lacks an adequate remedy at law. 15 28. Plaintiff is informed and believes and thereon alleges that Defendants had prior knowledge of Plaintiff’s rights and, therefore, Defendants’ infringing 17 activities are willful and wanton, entitling Plaintiff to an award of punitive damages. EA D 16 29. 18 Pursuant to 17 U.S.C. § 502, Plaintiff is entitled to an order enjoining Defendants’ from infringing Plaintiff’s copyright; pursuant to 17 U.S.C. § 503, 20 Plaintiff is entitled to recover statutory or actual damages, at his election at the time 21 of trial, from Defendants’ infringement and Defendants’ profits attributable to their 22 infringing conduct. Pursuant to 17 U.S.C. § 505, Plaintiff is also entitled to recover 23 the full costs of bringing this action and his reasonable attorneys’ fees. D 19 30. 24 Plaintiff has suffered irreparable harm, and will continue to suffer 25 additional irreparable harm until and unless Defendants’ infringement is enjoined by 26 this Court. 27 /// 28 /// 4417-7\Ple\COM 012414 9 COMPLAINT Case 2:14-cv-00603 Document 1 Filed 01/27/14 Page 10 of 14 Page ID #:10 1 SECOND CLAIM FOR RELIEF 2 Contributory Copyright Infringement [17 U.S.C. § 101 et. seq.] 3 (Against Defendants GAWKER MEDIA, LLC, GAWKER MEDIA GROUP, 4 INC, GAWKER ENTERTAINMENT, LLC, and DOES 2-10) 5 31. Plaintiff repeats, realleges and incorporates each and every allegation 6 contained in Paragraphs 1 through 20 and 22 through 25, inclusive, as though fully 7 set forth herein. 8 32. Plaintiff is the sole exclusive owner of all right, title and interest in the work and copyright to the Screenplay, and the physical embodiment(s) thereof. The 10 subject work of this claim has been properly and fully submitted in Plaintiff’s name 11 to the U.S. Copyright Office (“USCO”) for copyright registration, prior to the 12 infringement alleged herein. co E. 33. Plaintiff is informed and believes and thereon alleges that, on or about LI N 13 m 9 January 23, 2014 at 4:50 PM ET -- after the unauthorized infringing copy of the 15 Screenplay was uploaded and posted on the obscure file upload website 16 AnonFiles.com (“AnonFiles Website”) -- Defendants Gawker Media posted its 17 January 23rd Article on their Gawker Website titled “Here Is the Leaked Quentin 18 Tarantino Hateful Eight Script”. In the January 23rd Article, Gawker Media 19 wrote about how an upset Quentin Tarantino was “betrayed” by someone who 20 copied and leaked the Screenplay for Tarantino’s “latest film, The Hateful Eight.” 21 Gawker Media’s writer also wrote: (i) “Since [Gawker] first posted this item, a 22 document that appears to be the script has been made public online here” -- with 23 the text “here” a URL click-through link directly to the posted downloadable copy 24 of the complete Screenplay at the Screenplay Download URL page; and (ii) “For 25 better or worse, the document is 146 pages of pure Tarantino. Enjoy!” -- with the 26 text “146 pages” also a URL click-through link directly to the posted downloadable 27 copy of the complete Screenplay at the Screenplay Download URL page, first with 28 the initial downloadable infringing Screenplay and also the subsequent downloadable D EA D 14 4417-7\Ple\COM 012414 10 COMPLAINT Case 2:14-cv-00603 Document 1 Filed 01/27/14 Page 11 of 14 Page ID #:11 1 infringing Screenplay. On January 26th, Gawker Media amended and updated its 2 January 23rd Article, writing “... the script has been made public online here and 3 here”, to add the text “and here” into its article -- with the subsequent text “here” 4 an additional URL click-through link directly to another posted downloadable copy 5 of the complete Screenplay, posted on the website scribd.com. 6 34. Plaintiff is informed and believes and thereon alleges that, Defendants, through its article and specific URL click-through links therein, directed the general 8 public on where and how to obtain and download an otherwise unknown 9 unauthorized copyright infringing copy of the unreleased Screenplay. Defendants 10 intended to and did directly cause, contribute to, enable, facilitate, aid, abet, induce 11 and/or participate in the dissemination of and infringement of Plaintiff’s copyrighted 12 work. Defendants, with knowledge of the infringing activity, induced, solicited, 13 encouraged, caused or materially contributed to the infringing conduct of DOE-1 14 a/k/a AnonFiles.com and DOES 2-10. co E. 35. LI N 15 m 7 Defendants’ conduct constitutes a contributory copyright infringement of Plaintiff’s rights and copyright. Defendants have infringed Plaintiff’s exclusive 17 copyright in and to the Screenplay by knowingly facilitating the transmission and/or 18 dissemination of unauthorized copies of the copyrighted work, and causing the 19 copyrighted work to be copied and distributed worldwide, all without the consent 20 of Plaintiff. Accordingly, Defendants are liable to Tarantino for contributory 21 copyright infringement. 22 D EA D 16 36. On January 23, 2014 (and again on January 24, 2014), Plaintiff’s 23 authorized agent submitted a “Digital Millennium Copyright Act (“DMCA”) Notice 24 of Infringement” to the operators of the Gawker Website (the “Gawker DMCA 25 Notice”), providing notice that links to access to the infringing copy of the 26 Screenplay appears at the URL locations on their website as set forth in the Gawker 27 DMCA Notice. Pursuant to the Gawker DMCA Notice, Plaintiff’s authorized agent 28 made demand that Gawker Media immediately remove from its website the URL 4417-7\Ple\COM 012414 11 COMPLAINT Case 2:14-cv-00603 Document 1 Filed 01/27/14 Page 12 of 14 Page ID #:12 1 links to the unauthorized posting of the Screenplay and/or any links that allows for 2 access to the transmission and/or downloading of the Screenplay. 3 authorized agent further made demand that Gawker Media cease and desist from 4 directly or indirectly using their website to cause, contribute to, enable, facilitate, 5 aid, abet, induce and/or participate in the infringement of Plaintiff’s copyrighted 6 work, as identified in Gawker DMCA Notice. Defendants failed and expressly 7 refused to comply with the Gawker DMCA Notice, and expressly refused to remove 8 from its website the direct URL links to the unauthorized posting of the Screenplay. 9 Thereafter, on or about January 26th, Gawker Media amended and updated its 10 January 23rd Article to add into it an additional URL click-through link directly to 11 another downloadable copy of the complete Screenplay. m co 37. As a direct and proximate result of Defendants’ infringing activities, E. 12 Plaintiff’s Plaintiff has sustained and will continue to sustain further substantial injury, 14 including damage to his business and profession and loss of value of the Screenplay, 15 in an amount not yet known but to be determined according to proof at trial. LI N 13 38. Plaintiff lacks an adequate remedy at law. 17 39. Plaintiff is informed and believes and thereon alleges that Defendants EA D 16 had prior knowledge of Plaintiff’s rights and, therefore, Defendants’ infringing 19 activities are willful and wanton, entitling Plaintiff to an award of punitive damages. 20 D 18 40. Pursuant to 17 U.S.C. § 502, Plaintiff is entitled to an order enjoining 21 Defendants’ from infringing Plaintiff’s copyright; pursuant to 17 U.S.C. § 503, 22 Plaintiff is entitled to recover statutory or actual damages, at his election at the time 23 of trial, from Defendants’ infringement and Defendants’ profits attributable to their 24 infringing conduct. Pursuant to 17 U.S.C. § 505, Plaintiff is also entitled to recover 25 the full costs of bringing this action and his reasonable attorneys’ fees. 26 41. Plaintiff has suffered irreparable harm, and will continue to suffer 27 additional irreparable harm until and unless Defendants’ infringement is enjoined by 28 this Court. 4417-7\Ple\COM 012414 12 COMPLAINT Case 2:14-cv-00603 Document 1 Filed 01/27/14 Page 13 of 14 Page ID #:13 PRAYER FOR RELIEF 1 2 WHEREFORE, Plaintiff prays for judgment against Defendants, as said 3 defendant(s) are specifically named and listed for the respective Claim for Relief, 4 as follows: 5 AS TO THE FIRST CLAIM FOR RELIEF (FOR VIOLATION OF 6 COPYRIGHT): 7 8 1. For actual damages and Defendants’ profits in an amount exceeding $1,000,000 to be determined at trial; 2. For statutory damages in an amount at the discretion of the Court; 10 3. For punitive and exemplary damages; 11 4. For a preliminary injunction and a permanent injunction enjoining co m 9 Defendants, and their agents, servants, and employees, and all persons acting under, 13 in concert with, or for them, from continuing to reproduce, distribute, display, 14 disseminate, transmit, make available for download or otherwise use the Screenplay 15 in any manner whatsoever appropriating or in violation of Plaintiff’s copyright; LI N 5. Attorneys’ fees and costs, pursuant to 17 U.S.C. §§502-505; D 16 E. 12 AS TO THE SECOND CLAIM FOR RELIEF (FOR CONTRIBUTORY 18 VIOLATION OF COPYRIGHT): 20 6. For actual damages and Defendants’ profits in an amount exceeding D 19 EA 17 $1,000,000 to be determined at trial; 21 7. For statutory damages in an amount at the discretion of the Court; 22 8. For punitive and exemplary damages; 23 9. For a preliminary injunction and a permanent injunction enjoining 24 Defendants, and their agents, servants, and employees, and all persons acting under, 25 in concert with, or for them, from continuing to reproduce, distribute, display, 26 disseminate, transmit, make available for download or otherwise use the Screenplay 27 in any manner whatsoever appropriating or in violation of Plaintiff’s copyright; 28 10. 4417-7\Ple\COM 012414 Attorneys’ fees and costs, pursuant to 17 U.S.C. §§502-505; 13 COMPLAINT Case 2:14-cv-00603 Document 1 Filed 01/27/14 Page 14 of 14 Page ID #:14 1 AS TO ALL CAUSES OF ACTION: 2 11. For costs of suit herein; 3 12. For reimbursement to Plaintiff of attorneys' fees, as provided by law; 4 13. For interest on the above-requested damages and at the maximum legal 5 6 rate as provided by law; and 14. For such other additional relief as the Court deems just and proper. 7 8 Respectfully submitted, DATED: January 27, 2014 9 m 10 MARTIN D. SINGER EVAN N. SPIEGEL HENRY L. SELF, III LAVELY & SINGER PROFESSI AL CORPO rA TION 12 By: E. 13 MARTIN SING Attorneys for Plaintiff Quenti Tarantino LI N 14 15 16 Plaintiff hereby demands a jury trial pursuant to Rule 38 of the Federal Rules of Civil Procedure. 21 D 19 20 D 18 REQUEST FOR JURY TRIAL EA 17 co 11 DATED: January 27, 2014 22 23 Respectfully submitted, MARTIN D. SINGER EVAN N. SPIEGEL HENRY L. SELF, III LAVELY & SINGER PROFESSIOIAL C 24 25 26 MARTIN SING Attorneys for Plaintiff Quentiti Tarantino 27 28 4417-7\Ple\COM 012414 14 COMPLAINT