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1/26
\
JS
44C/SDNY
REV. 4/2014
^GEPMm
CIVIL COVER SHEET
OCT
1 02 14
The
JS-44 civil cover
sheet
and
the
information contained herein neither replace nor
si
pleadings
or other papers as
required
by law, except as
provided **pcal
ns of
cow
Judicial Conference of the United States
in
September
1974,
is
reaped f|se of
the^fe
initiating the
civil
docket sheet.
the filingand
|rm, approved^
;ourtfor th e pi
PLAINTIFFS
ARMEN DJERRAHIAN
DEFENDANTS
THE SOURCE.COM, LLC andTHE NORTHSTAR GROUP d/b/a THE
SOURCE
ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE
NUMBER
Edward C.
Greenberg, LLC, 570
Lexington
Avenue, 19th
Floor, New York,
NY
10022,212-697-8777
ATTORNEYS (IF KNOWN)
CAUSE
OF
ACTION CITE THE U.S. CIVIL STATUTE
UNDER WHICH
YOU ARE
FILING
AND
WRITE
ABRIEF STATEMENT OF CAUSE}
(DO
NOT
CITE JURISDICTIONAL
STATUTES UNLESS
DIVERSITY)
17 U.S.C.501-505 (Copyright Infringement)
Has this
action case,
or
proceeding
or one
essentially
the
same
been
previously
filed in SDNY at
any
time? NcHresOludge Previously
Assigned
If yes,
was this
case Vol.
ninvol. Dismissed.
No
Yes
If yes, give date
& Case No .
ISTHISANINTERNATIONAL ARBITRATIONCASE?
PLACE
N[x]IN ONEBOX ONL Y
TORTS
No E Yes
NATURE OF
SUIT
ACTIONS UNDERSTATUTES
[ 1110
I ]120
11130
[1140
[1150
[ 1151
I 1152
[
1153
[ 1160
I 1190
[
1195
[ 1196
PERSONAL INJURY
[ ] 3 10 AIRPLANE
[ ] 315
AIRPLANE
PRODUCT
LIABILITY
[ ] 3 20
ASSAULT,
LIBEL &
SLANDER
[ ] 330 FEDERAL
EMPLOYERS'
LIABILITY
[ ]340 MARINE
[ ] 3 45
MARINE PRODUCT
LIABILITY
[ ]350 MOTOR
VEHICLE
[ ]355 MOTOR
VEHICLE
PRODUCT LIABILITY
[ ] 360 OTHERPERSONAL
INJURY
I ] 362 PERSONALINJURY-
MED MALPRACTICE
PERSONAL
INJURY FORFEITURE/PENALTY
[ ] 3 67 HEALTHCARE/
PHARMACEUTICAL PERSONAL
j j
625 DRUG RELATED
INJURY/PRODUCT
LIABILITY SEKURE
0F
PROPERTY
[ ] 3 65 PERSONAL INJURY 21 USC881
PRODUCT LIABILITY
. . 6 g0
0THER
[ ]368 ASBESTOS
PERSONAL
l
INJURY
PRODUCT
LIABILITY
PERSONAL PROPERTY
[ ] 370 OTHERFRAUD
[ ] 371 TRUTH INLENDING
INSURANCE
MARINE
MILLERACT
NEGOTIABLE
INSTRUMENT
RECOVERY
OF
OVERPAYMENT &
ENFORCEMENT
OF
JUDGMENT
MEDICARE ACT
RECOVERY OF
DEFAULTED
STUDENT LOANS
(EXCLVETERANS)
RECOVERY OF
OVERPAYMENT
OF
VETERAN'S
BENEFITS
STOCKHOLDERS
SUITS
OTHER
CONTRACT
CONTRACT
PRODUCT
LIABILITY
FRANCHISE
[ ] 380 OTHER PERSONAL
PROPERTY
DAMAGE
[ ] 385 PROPERTYDAMAGE
PRODUCT
LIABILITY
PRISONER PETITIONS
[ ] 463
ALIEN DETAINEE
[ ] 510 MOTIONSTO
VACATE
SENTENCE
2 8 USC 2255
[ ] 5 30
HABEAS
CORPUS
[ ] 535 DEATH PENALTY
[ ] 5 40 MANDAMUS &OTHER
ACTIONSUNDER STATUTES
CIVILRIGHTS
[ ]440 OTHERCIVIL RIGHTS
(Non-Prisoner)
[ ]441 VOTING
[ ] 442 EMPLOYMENT
[ ] 443 HOUSING/
ACCOMMODATIONS
[ ] 445 AMERICANS
WITH
DISABILITIES -
EMPLOYMENT
[ ] 446 AMERICANS WITH
DISABILITIES -OTHER
[ ] 4 48 EDUCATION
BANKRUPTCY
[ ] 422 APPEAL
28
USC 158
[ ] 423 WITHDRAWAL
2 8 USC 1 57
PROPERTYRIGHTS
M 820 COPYRIGHTS
[ ]830 PATENT
[ ] 840 TRADEMARK
SOCIALSECURITY
[ ]861 HIA(1395ff)
[ J862 BLACK LUNG (923)
[ ] 863 DIWC/DIWW (405(g))
[ ]864 SSIDTITLE
XVI
[ 1865 RSI (405(g))
FEDERALTAX SUITS
[ ] 870 TAXES (U.S. Plaintiff or
Defendant)
[ ] 8 71 IRS-THIRD PARTY
2 6 USC 7609
REAL PROPERTY
LABOR
[ ]710 FAIRLABOR
STANDARDS ACT
[ ] 7 20
LABOR/MGMT
RELATIONS
[ ] 7 40 RAILWAY LABOR ACT
[ ] 751 FAMILY MEDICAL
LEAVEACT (FMLA)
[ ] 790 OTHER LABOR
LITIGATION
[ ]791 EMPL RET INC
SECURITY ACT
IMMIGRATION
[ ] 462 NATURALIZATION
APPLICATION
[ ]465 OTHER IMMIGRATION
ACTIONS
[1210
[ ]220
[ )230
N240
I I 2 45
[ ]290
LAND
CONDEMNATION
FORECLOSURE
RENT LEASE &
EJECTMENT
TORTS
TO
LAND
TORT PRODUCT
LIABILITY
ALL OTHER
REAL
PROPERTY
Checkifdemanded in complaint:
CHECK IFTHIS ISACLASS
ACTION
UNDER F.R.C.P . 23
PRISONER CIVIL RIGHTS
[ ] 550 CIVILRIGHTS
[ ]555 PRISON
CONDITION
I ] 560 CIVILDETAINEE
CONDITIONS OF CONFINEMENT
OTHERSTATUTES
[ ] 375 FALSE CLAIMS
t j
400
STATE
REAPPORTIONMENT
[ ] 4 10 ANTITRUST
[ ] 430 BANKS &
BANKING
[ ]450
COMMERCE
[ ] 460 DEPORTATION
[ ] 470 RACKETEER
INFLU
ENCED &
CORRUPT
ORGANIZATION ACT
(RICO)
[ ]480
CONSUMER CREDIT
[ ]490 CABLE/SATELLITE T
[ ] 850 SECURITIES/
COMMODITIES/
EXCHANGE
[ ]890OTHERSTATUTORY
ACTIONS
[ ] 891 AGRICULTURAL ACT
[ ] 8 93 ENVIRONMENTAL
MATTERS
[ ]895 FREEDOM OF
INFORMATION ACT
[ ] 896 ARBITRATION
[ ] 899 ADMINISTRATIVE
PROCEDURE
ACT/REVIE
APPEAL
OF
AGENCY DEC
[ ] 950 CONSTITUTIONALI
STATE STATUTES
MTHISCASE IS RELATED TOA CIVIL CASE NOWPENDING IN S.D.N.Y.?
DOCKET NUMBER
JUDGE
DEMAND $_
OTHER
Check YES onlyifdemandedincomplaint
JURY
DEMAND: S YES CnO
NOTE: You mustalso submit at the
time
offiling the StatementofRelatedness form
(Form
IH
8/11/2019 Djerrahian v. Source.pdf
2/26
(PLACE
AN
xIN ONEBOX ONLY)
ORIGIN
fvl*
,
no L~U
u .nHH D 4
Reinstated or
5
Transferred from
Q 6
Multidistrict
1*1 1
Original
U 2 Removed from *-> O Remanded ii ReQ d (Specify
District) Litigation
Proceeding State Court from
.. . Appellate
a. all
parlies
represented c^rt
| | b. At least one
PL CE N
x
noneboxonlyT^ 0
BASIS
OF
JURIS I TION SSSSKmSS?
n 1US
PLAINTIFF
D2
U.S.
DEFENDANT
S 3
FEDERAL QUESTION CK DIVERSITY CITIZENSHIP ELOW
Ulua L-1
(U.S.
NOT APARTY)
CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY
CASES
ONLY)
(Place
an [X] in
one
box for Plaintiff and
one
box for Defendant)
(7J 7 Appeal toDistrict
Judge
from
Magistrate Judge
Judgment
PT F DE F
CITIZEN OFTHIS
STATE
[ ] 1 [ ] 1
CITIZEN OFANOTHER STATE [ ] 2 [ ]2
CITIZEN OR
SUBJECT
OF A
FOREIGN COUNTRY
INCORPORATED
or PRINCIPAL PLACE [ ] 4 [ ] 4
OF BUSINESS INTHIS STATE
PT F
DE F
[ ] 3 [ ] 3
PT F
DEF
INCORPORATED and
PRINCIPAL PLACE
[ ]5 [ ]5
OFBUSINESSINANOTHER STATE
FOREIGN NATION
PLAINTIFF(S) ADDRESS(ES)
AND
COUNTY(IES)
ARMEN
DJERRAHIAN,
164
Russell
Street,
#2R,
Brooklyn,
NY
11222
(Kings
County)
DEFENDANT(S) ADDRESS(ES)
AND
COUNTY(IES)
THE
SOURCE.COM,
LLC
and THE
NORTHSTAR
GROUP
d/b/a THE SOURCE
29 W. 46th Street, 3rd
Floor,
New York, NY 10036
[1 6 [ ]6
^^^IfSS^^fiSS^T
AT THIS TIME
I
HAVE
BEEN
UNABLE WITH REASONABLE DILIGENCE TO
ASCERTAIN
RESibENCE ADDRESSES OFTHE FOLLOWING DEFENDANTS:
Check one THIS ACTION SHOULD BE ASSIGNED
TO:
Q WHITE PLAINS S MANHATTAN
Check one. m i^
^ ^
^ ^ ^ jf ^ gpR|SONER
PET|TION/PRISONER CIVIL
RIGHTS
COMPLAINT.)
'SIGNATURE OF ATTORNEY OF
/ft //
IP T
>
Magistrate
Jutlgeisto be
designated
by the
clerk ofthe
Cot^pJ^V i^
Magistrate Judge
Ruby J. Krajick, Clerkof Court by.
Deputy Clerk, DATED.
UNITED
STATES
DISTRICT
COURT
(NEW
YORK SOUTHERN)
Cl ea r Fo rm
Sa ve
ADMITTED TO PRACTICE INTHIS DISTRICT
[ ] NO
\A
YES
(DATE ADMITTED Mo.
10
Yr. 1982
)
Attorney Bar
Code
EG 5553
is so Designated.
Prin t
8/11/2019 Djerrahian v. Source.pdf
3/26
JUDGE PAULEY
UNITED STATESDISTRICT COURT
SOUTHERN DISTRICTOFNEW YORK
14 cv
81^1
ARMEN
DJERRAHIAN,
Plaintiff,
-against-
THE SOURCE.COM, LLC, and
THE NORTHSTARGROUP d/b/a
THE SOURCE
Defendants.
COMPLAINT
ECF CASE
Plaintiff,
ARMEN
DJERRAHIAN, by
his
attorneys, EDWARD C.
GREENBERG, LLC alleges as follows: .
PART IE S
1. Plaintiff
ARMEN DJERRAHIAN
(hereinafter Plaintiff or
DJERRAHIAN ) is an individual citizen ofFrance, who is actively
engaged
in
the
photography business
in the State
of
New York
and elsewhere,
and who
resides
in
Brooklyn, NewYork 11222.
2. Defendant THE S0URCE.COM, LLC (hereinafter
SOURCE ) isa
domestic
limited
liability company duly organized and existing under the
laws
ofthe
State
ofNew
York, with
an address
to
do business at 29 West 46th Street,
3rd
Floor,
New
York,
NY
10036.
3. Defendant
THE NORTHSTAR GROUP
d/b/a
THE
SOURCE
(hereinafter
NORTHSTAR ),
is
upon information and beliefadomestic business entity, authorized
to do
business
in the state ofNew
York with
an
address
to do business at 29 West 46
Street, 3rd Floor, New York,
NY
10036.
CO
C3
O
Z
o
5
-
8/11/2019 Djerrahian v. Source.pdf
4/26
4. Upon
information
and
belief,
the
defendants
SOURCE and NORTHSTAR are
inextricably intertwined and are treated for the purposes of
this complaint,
as
asingle
entity and
hereafter
each referred
to as
defendants .
niRISDICTTON AND
VENUE
5. This is a civil action for copyright infringement.
6. Jurisdiction isconferred upon this Court
by
28 U.S.C. 1338.
7.
Venue
in
the
Southern
District
of
New
York
is
proper
pursuant to
28
U.S.C.
1400.
FACTS COMMON
TO
ALL CLAIMS
8.
That Plaintiff
DJERRAHIAN is
a
successful professional photographer with
many years
ofexperience
and
a considerable
reputation.
9. DJERRAHIAN is well known
in
the hip hop music business, as he has
worked
with major
artists
including Jay-Z, Usher, 50 Cent, Eminem,
Kanye West,
Rick
Ross and director Spike Lee.
10. DJERRAHIAN s work has been featured on the covers ofseveral issues of
Vibe Magazine, and
on
The Wild Magazine,
XXL
Magazine, and numerous international
publications.
11. DJERRAHIAN
has
shot and directed music videos
and
commercials,
including amusic video featuring
R&B
recording artist Melanie Fiona, which received a
nomination
for
[Best]
Video
of
the Year
at
the 2010 BET Awards.
12. DJERRAHIAN is
also
a successful fashion photographer who has shot photos
for
Shinola, Cazal Eyewear,
Nike,
Fila, Reebok, Marc Ecko, and commercials for Elle
Magazine,
Revlon,
Van
Cleef
&Arpels,
and
Piaget.
8/11/2019 Djerrahian v. Source.pdf
5/26
THE IMAGES
13. On May 17,2010, DJERRAHIAN shot images of the performer,
rapper
and mogul,
William Leonard Roberts
III,
better
known as
Rick Ross (hereinafter
Ross )
for XXL Magazine, which were published
in
the July/August 2010 issue of XXL
Magazine.
14. One of
such images of
Ross
captures
him
holding
his hand in
the
shape
of
agun
to
his
head (hereinafter
the
Ross
Image , acopy
of
which
is
annexed hereto
as
Exhibit A ).
15.
DJERRAHIAN
is
well known
as the
creator ofthe Ross Image, having
been credited for same when the Image was originally published in XXL Magazine.
16. Upon information
and
belief, defendants knew, by
actual
and/or
constructive
knowledge,
that
plaintiff
was the creator
of
the Ross Image.
17. DJERRAHIAN duly registered
the
Ross Image with
the
United
States
Copyright Office
on
April
4,
2014,
Registration
No.
VA
1-908-336
(a copy
of
said
registration is annexed hereto within Exhibit A ).
18. On
June 27, 2012, DJERRAHIAN shot
images ofRoss and other
members
of
the record
label imprint Maybach Music Group, Gunplay, MeekMill,
Omarion,
Stalley,
and Wale. A
portion
of
such
images
were published in
the
August/September
2012
issue
ofVibe Magazine.
19.
One
of
such
images
of
the hip
hop
recording
artist
Richard Morales,
Jr,
better known as Gunplay , captures him holding
his
shirt jacket partially open to reveal
his chest and
with
an
energetic look
on his
face (hereinafter
the
Gunplay
Image ,
a copy
of which is annexed hereto within Exhibit B .
8/11/2019 Djerrahian v. Source.pdf
6/26
20. DJERRAHIAN
is
well known as the
creator
of
the Gunplay Image, having
been
credited for same
when
the Image
was
originally
published
in Vibe Magazine.
21.
Upon information and belief, defendants
knew,
by actual and/or
constructive knowledge,
that
plaintiff
was
the
creator
ofthe Gunplay Image.
22.
DJERRAHIAN duly
registered the
Gunplay Image
with
the
United States
Copyright
Office
on December
25, 2013,
Registration
No.
VA
1-899-797
(a
copy
of said
registration
is
annexed hereto
as
Exhibit B ).
23. The Gunplay Image and Ross Image shall hereinafter be referred
to
collectively
and
interchangeably as the
Subject
Images.
24. Ross has sold millions of
albums and has
had at least five (5)
albums reach
#1
on the Billboard music charts.
25.
Ross is the founder and head
of
the
record
label imprint
Maybach
Music
Group, also known as MMG .
26. MMG is home to artists including Gunplay.
27. MMG
has released
at least
six solo and two
compilation albums,
including
three certified Gold albums. MMG is, upon
information
and
belief,
based in the State
of
Florida, but regularly does business in the State
of
New York.
28.
Gunplay
is ahip
hop
recording artist
who
has released several mixtapes, as
wellas the studio albums Medellin and LivingLegend .
29.
The
Subject
Images
of
Ross
and
Gunplay
are
iconic
in
the
hip
hop
community.
30.
Upon
information
and belief, various blogs referring
to
Ross have purposely
selected the Ross Image ofhim due at least in part to
its
value and attention getting
8/11/2019 Djerrahian v. Source.pdf
7/26
na t u re .
31.
Upon
information and belief, various blogs referring to Gunplay have
purposely selected
the
Gunplay
Image
of
him
due at least
in
part to its value
and attention
getting nature.
32.
The
Subject Images creatively capture the personalities ofRoss and
Gunplay,
respectively.
33. Upon
information and belief, since
the
Ross
Image's
creation, the Image has
helped to shape and form Ross brand in the hip
hop
music community.
34. Each of
the
Subject Images
are
important elements of
hip
hop music culture.
35.
The
Ross Image is upon information and belief, the
definitive
image ofRoss.
36. TMZ has touted the Ross Image as iconic .
37.
The
Image
ofGunplay is
upon
information
and
belief,
the definitive image of
Gunplay.
38.
Defendants
NORTHSTAR
and
SOURCE operate
the
website
www.thesource.com, awebsite publishing news and
content
about aspects of
hip hop
culture including information
pertaining to the
lives of
celebrities,
music, sneakers,
sports, style, art/design, and news.
39.
Defendants
disseminate entertainment, news and information byway of
magazine,
website,
and
other media.
40.
Defendant(s) target
audience
or
demographic
is
urban
and
it
purports
to
cover urban culture including rap and hip hop
music as
well as other forms
of
entertainment andnewsof interest to its predominantly urban audience.
41.
Defendants have employed the Subject
Images
in multiple forms on its
8/11/2019 Djerrahian v. Source.pdf
8/26
website without a license authorization or consent.
42.
The Subject
Images
are
valuable to
Defendants.
THE
OFFENDING
USES
OF
THE IMAGES
43. Defendants have employed
DJERRAHIAN s
Ross Image at
least
on its
website www.thesource.com,
under
the heading Rick Ross Reveals The Artwork For
The Deluxe
Editon
of Mastermind ,a
copy
ofwhich is
annexed hereto
as
Exhibit
C
44.
Defendants have also employed
DJERRAHIAN s
Ross Image at least on
its website www.thesource.com, under the heading This
is
Not Another
Rick
Ross x
Trayvon Martin Think
Piece' , a
copy ofwhich is annexed hereto as Exhibit C .
45. DJERRAHIAN
has
nevergranted either of
defendants
any
license,
nor
provided authorization or consent to either ofdefendants to
use
the
Ross Image in any
media
whatsoever.
46.
Defendants
have
employed
DJERRAHIAN s Gunplay
Image
at
least
on
its website
www.thesource.com.
under the
heading Behind the Scenes
With Gunplay
x
Matty Raw , a copy ofwhich is annexed hereto
as
Exhibit
D .
47. Defendants never sought nor obtained
a
license
by
DJERRAHIAN
to
use
either of the Subject
Images
as complained ofherein.
48.
Pursuant to Federal Rule 11, Plaintiff has sought to
obviate
the
filing
of
suit.
49.
On
May 15, 2014,
DJERRAHIAN,
by his counsel, sent awritten notice
letter to
SOURCE,
addressed to
the
address listed for iton
the
New York Department of
State website,
215
Park
Avenue
South, 11th Floor, New York, New
York 10003,
advising
8/11/2019 Djerrahian v. Source.pdf
9/26
it,
inter alia,
to
remove our client's image from its website, www.thesource.com, that
its
uses of the Subject Images were in violation
of
DJERRAHIAN's copyright, and that it
has no right to use Subject Images in any way, shape or form.
50.
On
May
15, 2014, DJERRAHIAN,
by his
counsel, sent
a
written
notice
letter to
SOURCE,
addressed to another address believed to be valid for SOURCE, 28
West 23rd
Street, New York, New York 10010,
advising
it,
inter
alia,
to
remove our
client s image
from its website, www.thesource.com, that its uses of
the
Subject Images
were in
violation
ofPlaintiff s
copyright,
and that it has no right to use
Subject
Images in
anyway, shapeor
form.
51. That
both
letters to SOURCE that were sent on May 15, 2014, were
returned to sender as 'undeliverable'.
52. On
July
11, 2014,
DJERRAHIAN,
by
his
counsel, sent
a
written
notice
letter by
hand delivery
and by email to The Northstar
Group, addressed
to its general
counsel,
CEO
and
majority shareholder
L.
Londell McMillan (hereinafter
the
July
11,
2014 Notice
Letter , acopy ofwhich
is annexed hereto
as
Exhibit
E , sans
its
exhibits
which are elsewhere annexed to this Complaint).
53. The July 11, 2014
Notice
Letter advised defendants, inter alia, to remove
our
client s image
from its website, www.thesource.com, that its uses ofthe Subject
Images were in violation
of
DJERRAHIAN s copyright, and that it
has no
right to use
Subject
Images
in
any way,
shape
or
form.
54. The July
11,
2014
Notice
Letter
further
sought adisclosure from
defendants
of
the
full
nature
and
extent
of its
unauthorized uses
of
the Subject
Images
so
8/11/2019 Djerrahian v. Source.pdf
10/26
that Plaintiff could in good faith
formulate
areasonable fee to compensate him
for the
unauthorized uses.
55. That Defendants responded
to
the
July 11, 2014 Notice Letter, but
notwithstanding,
the
parties have
been
unable
to come to a
resolution sans
judicial
intervention.
56.
Plaintiff has
sought to obviate judicial
intervention
and the
filing of suit.
Such efforts have gone without success.
57.
That defendants,
or one
or
more
of
them, have
apparently removed
the
Subject Images
from
www.thesource.com.
58. That the full nature and extent
of
all
infringing
uses
ofplaintiff sSubject
Images by
defendants
are unknown to Plaintiff as of
this writing,
said
information
being
within the sole knowledge, custody, and control of
Defendants. That
such
details
and
information
are
expected to be
ascertained
through discovery
in
this action.
59.
Defendants
have
failed
to
provide
any
compensation
to
Plaintiff
for
its
uses of the
Subject
Images
without
a
license,
authorization or
consent,
in violation of the
exclusive
rights
granted
to
Plaintiff
as the copyright holder.
60.
Upon
information and
belief
defendant(s)
are asophisticated licensors and
licensees of intellectual property and
know
that it/they must obtain the rights to
intellectual property
created
by third parties prior
to
each of
their
use ofsame.
61. Upon
information
and
belief, defendants,
or one or more
of
them, failed
to
adhere
to
the
procedures and
protocols necessary
for
it to
obtain
the
rights to uses the Subject
Images priorto its usesof same.
62.
Plaintiff is
committed
to
protecting
his copyright inthe Subject Image.
8/11/2019 Djerrahian v. Source.pdf
11/26
63.Plaintiffhas filedan actionagainst Ross andothersin theUnited statesDistrict
Court for the Southern District ofNew York, index number 14-cv-3291, before Judge
Oetken,
sounding
in
copyright
infringement,
based
on
allegations
of
their unauthorized
uses of the SubjectImageandother Imagestaken by Plaintiff.
64. That the Defendants have no defenses at law to the claims set forth herein.
65. Paragraphs 1 through 64 are incorporated by reference with respect to each of
th e below claims fo r rel ief.
F IRST CLA IM FOR RELIEF
Copyright Infringement - Ross Image
Under Section 501 of the Copyright Act
66. That the use of the Plaintiffs Ross Image by the Defendants, or one or more of
them, in connection with the website, www.thesource.com, was and is without the
plaintiffs authorization, license or consent.
67. The Defendants, or one or more of them, have infringed the copyright in the Ross
Image.
68. The acts
of
the Defendants , or one or more
of
them, constitute federal statutory
copyright infringement underSection 501 of theCopyright Act in violation of the rights
granted to DJERRAHIAN as copyright holder.
69. That the use
of
each image by each defendant constitutes a separate and distinct
act of copyright infringement.
70. That, upon information and belief, Defendant(s)' uses of the Ross Images were
willful, intentional, malicious, and in bad faith.
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71. That,
upon
information and belief, defendant(s) uses ofthe
Ross Image
in
violation ofPlaintiffs copyright were negligent in that itknew or should have
known
that
it was without a license for the use(s) complainedof herein.
72. Upon information
and
belief, defendants, or one or more of them,
had
actual
and/or
constructive knowledge and/or through the exercise
of
ordinary business care
and/or the examination ofpublic records, knew or
should
have
known
that Plaintiff held
the
copyright
in the Ross Image,
that defendant(s)
never had a
license, consent, or
authorization
by Plaintiff for the uses
of
Plaintiff
s
Ross Image on its
website
or
in
any
other medium
employed
by defendants, or one or more of
them, and
that
any such
use
would be in violation
of
Plaintiffs copyright.
73. Plaintiff is a
professional photographer
who
earns
his
livelihood
by
licensing
rights
to third parties to employ
his photographic images.
74. That
as a result ofDefendant(s)
acts,
Plaintiff
has been
and
will
continue tobe
damaged
inan
amount
as
yet
tobe
determined.
75. Thatasa
result
of defendant(s)'
copyright infringement
of Plaintiffs Ross
Image,
Plaintiff is entitled to damages, attorneys fees and costs under Section
504
and 505 of
the
Copyright
Act, 17 U.S.C.
Section
101 et., seq., and as an alternative to statutory
damages,
Plaintiff,
at his election prior
to judgment
is
entitled to recover
his
actual
damages
and any
additional profits ofthe defendants, attributable to the infringement as
under 17 U.S.C. Sections 504 (a)-(b).
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SECOND
CLA IM
FOR RELIEF
Copyright Infringement- Gunplay Image
Under Section 501 of the Copyright Act
76. That the use of the Plaintiffs Gunplay Image by the Defendants, or one or more
of them, in
connection
withthewebsite, www.thesource.com. wasand iswithout the
plaintiffs authorization, license or consent.
77. TheDefendants, or one ormoreof them, have infringed the copyright in
Plaintiffs
Gunplay Image.
78. The acts of the Defendants, or one or more of them, constitute federal statutory
copyright
infringement
under
Section 501
of
the
Copyright
Act in violation
of the rights
granted to DJERRAHIAN as copyright holder.
79. Thatthe useof each image by eachdefendant constitutes a separate anddistinct
act of copyright infringement.
80.
That, upon
information and belief, Defendant(s)'
uses
of the
Gunplay Images
were willful, intentional, malicious, and in bad faith.
81.
That, upon information and belief, defendant(s)' uses of the
Gunplay
Image in
violation of Plaintiffs copyright were negligent in that it knewor should have known that
it was without a license for the use(s) complained of herein.
82.
Upon
information andbelief, defendants, oroneor
more
of
them,
had actual
and/orconstructiveknowledgeand/or through the exercise of ordinary business care
and/orthe examination of publicrecords, knewor shouldhave known that Plaintiffheld
thecopyright in the
Gunplay
Image, that defendant(s) neverhada license, consent, or
authorization byPlaintifffor the useof theGunplay Image on itswebsite or inanyother
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medium employed
by defendants, or oneor
more
of
them,
and that any suchusewould
be in violation
of
Plaintiffs copyright.
83.
Plaintiffis a professional photographer whoearnshis livelihood by licensing
rights to third parties to employhis photographic images.
84. That as a result of Defendant(s)' acts, Plaintiff has been and will continue to be
damaged in an amount as yet to be determined.
85.That as a resultof defendant(s)' copyrightinfringement of Plaintiffs Gunplay
Image, Plaintiff is entitled to damages, attorneys' fees and costs under Section 504 and
505 of the CopyrightAct, 17U.S.C. Section 101 et., seq., and as an alternative to
statutorydamages,Plaintiff, at his election prior to judgment is entitled to recover his
actual damages and any additional profits
of
the defendants, attributable to the
infringement as under 17U.S.C. Sections 504 (a)-(b).
JURY DEMAND
51. That Plaintiff requests a trial by jury
of
all issues.
WHEREFORE, plaintiff demands judgment as against the defendant as follows:
ON
THE
FIRST CLAIM-
(A) Award to plaintiff his actual damages incurred as
a result of defendants infringements, and all profits realized as a result of their
infringements, in
amounts
to bedetermined at trial; or (B) in the alternative, at plaintiffs
election, awardto plaintiffmaximum statutorydamagespursuantto 17U.S.C. 504for
each
individual
actof
infringement,
and for anorderof
injunction
permanently
enjoining
andprohibiting the defendant, including but not limited to wholly ownedsubsidiaries,
from employing or utilizing inanymanner ormedia whatsoever, including all future
uses, sales, transfers, assignments, or licensing of anyandall ofplaintiff s copyrighted
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Image,
pursuant to 17 U.S.C.
502 and for an award
of
costs and attorneys
fees
pursuant to 17U.S.C.
505;
ON
THE
SECOND CLAIM-
(A)Awardto plaintiffhis actualdamages
incurred as a result of defendants infringements, andall profits realized as a result of their
infringements, in
amounts to be
determined
at trial; or (B)
in the
alternative, at
plaintiffs
election,
anaward toplaintiffmaximum statutory damages pursuant to 17 U.S.C. 504
for each individual actof infringement,
and
foran order of injunction permanently
enjoining
and prohibiting
the defendant, including but not
limited to
wholly owned
subsidiaries, affiliates and assigns,
from
employing orutilizing in any manner ormedia
whatsoever, including all future
uses, sales, transfers,
assignments, or licensing of any
and all
of
plaintiff
s copyrighted Image, pursuant to
17
U.S.C. 502
and
for an award of
costs and attorneys' fees pursuant to 17U.S.C. 505;
Prejudgment interest on all sumsdue;
And suchother and further relief as this Court may deemjust and proper inclusive
ofany and all
relief
or
remedies allowable
by
the statutes referenced
above or
applicable
hereinabove.
Dated:
New
York, NY
October
10, 2014
Yours, etc.,
EDWAB C.
GREENBERG,
idwaraC. Greenberg, Esq. (ECG 5553)
By: TamaraL. Lannin, Esq. (TL 3784)
570
Lexington
Ave.,
19th Floor
New
York,
NY
10022
Tel: (212)
697-8777
Fax: (212) 697-2528
Attorneys for Plaintiff
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Certificate of Registration
STiTf .
This Certificate
issued
under the
seal of
the Copyright
Office
in
accordance with title
7 V Mt Suites Code
attests that registration
ha* been madefor thework
identified Mow.
'Che
information
onthis certificate has
been made
apart ofthe Copyright
Oilice
records.
-^ TtUla'Qk
Register
ofCopyrights,
United
States ofAmerica
Registration Number
VA
1-908-336
Effective date o f
registration:
April 4,2014
Title
Title ofWork: XXL
Magazine:Rick
Ross
Number 4
TitleofLareerWork: XXLMsgazinerriclcrossO 1c
Dateoa
Copie uly/Aug
2010
Number 01c
D'eon CoptesJuly/AiigZOlO
XXL Magazine:rickross02c
Number
02c
Date
obCopiesJuly/Aug 2010
XXL
Magazine:rickross03c
Number 3c Date 00
CopiesJuiy/Aug2010
XXL
Magazine:rickros 04c
Number 04c Date oa Capteyuly/Aug 2010
Completion/Publication
Au thor
YearofCompletion: 2010
Date of1st Publican*.: June
15 2 1
Nation of1st
Publication:
United States
Author:
Armen Charles
Djerrahian
Pseudonym:
ARMEN
Author Created:
photographs)
Citizen oft France
Year Ban: 1469
Pseudonymous: Yes
Domiciled In: Unitcd States
Page 1 o f 2
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Certificate
of
Registration
Tit le
ThisCertificate issuedunder the sealof theCopyright
Office in
accordance
with title i- I >ni i CWe.
attests that registrationhasbeenmade furthe work
identified below. The information
on
ihis certificate has
beenmade a pan ol theCopyrightOtiicerecords.
K
LA^^t i
uu^
Register
ofCopyrights, UnitedStates ol America
Registration
Number
VA 1-899-797
Ef fec ti ve da te
o f
registration:
December
25.2013
Title of Work: VibemagazineAug/Sept2012 featMaybachMusicGroup's artists: RickRoss.Meek
Mill. Wale.Omarion. Stallev. Gunplay
Completion / Publication
Au t ho r
Year
of
Completion:
2012
Date of 1st Publication:
September 1.201:
Author: Annen Charles Djerrahian
Pseudonym:
araienexpo
Author
Created:
photograph(s)
Citizen of : France
Year
Born: 1969
Copyright claimant
Nation o f 1st Publication: United
States
Domiciled in :
United
States
Copyright
Claimant:
Armen Charles DjerTahian
164
Russell
Street.Apt 2R,Brooklyn.
NY.
11222
Rights
and
Permissions
Name:
ArmenCharles Djerrahian
Email: armenftarmenexpo.com
Address: 164Russell Street. Apt 2R
Brooklyn. NY 11222
Telephone:
646-642-1633
Cert i f icat ion
Name:
Armen Djerrahian
Date: December 25. 2013
Page I
of
:
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Registration : VA000190S336
ServiceRequest :
1-1338*22681
Armen
Charles Djerrahian
164 Russell Street.
AptR
Brooklyn, NY 11222
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