Case 2:15-cv-0208O Document 1 Filed 10/29/15 Page 1 of 27 John P. Aldrich Nevada Bar No. 6877 ALDRICH LAW FIRM, LTD. 1601 South Rainbow Boulevard, Suite 160 Las Vegas, Nevada 89146 Tel: 702-683-6748 Fax: 702-227-1975 Tobey B. Marzouk MARZOUK PARRY, PLLC 1901 Ave, NW, Sixth Floor Washington, DC 20006 Tel: (202) 463-7293 Fax: (202) 955?9371 (Pro Hac Vice Application to be submitted) Attorneys for Plainti? Carl Roessler UNITED STATES DISTRICT COURT DISTRICT OF NEVADA CARL ROESSLER, Plaintiff, v. UNIVERSAL CITY STUDIOS, LLC a/k/a UNIVERSAL UNIVERSAL CITY STUDIOS PRODUCTIONS, a/k/a UNIVERSAL I LEGENDARY PICTURES FILMS, LEGENDARY PICTURES FUNDING, LEGENDARY PICTURES PRODUCTIONS, AMC ENTERTAINMENT HOLDINGS, AMC ENTERTAINMENT, REGAL ENTERTAINMENT CINEMARK HOLDINGS, and CINEMARK USA, INC, Defendants. Case No.: COMPLAINT FOR COPYRIGHT INFRINGEMENT AND INJUNCTION Plaintiff Carl Roessler Roessler?), for his Complaint against Defendants Universal City Studios, LLC, Universal City Studios Productions, Legendary Pictures Films, LLC, Case 2:15-cv-0208O Document 1 Filed 10/29/15 Page 2 of 27 Legendary Pictures Funding, LLC, Legendary Pictures Productions, LLC, AMC Entertainment Holding, Inc., AMC Entertainment, Inc., Regal Entertainment Group, Cinemark Holdings, Inc., and Cinemark USA, Inc. (collectively ?Defendants?), alleges: 2 INTRODUCTION 1. This is an action for direct, contributory and vicarious copyright infringement arising out of the conduct of Defendants. Acting individually and in concert, Defendants have created, distributed, and made available to movie patrons the movie ?Steve Jobs,? which prominently features an iconic photograph of a shark that is subject to and protected by the United States Copyright Act, Title 17 of the US. Code. A 2. Mr. Roessler, an experienced scuba diver and professional photographer, owns and has registered the copyright for the shark photograph, titled ?Maddened Attack,?iused in the I recently released movie ?Steve Jobs.? Mr. Roessler has not licensed or otherwise authorized Defendants to copy, use, distribute, license, display, publish or perform this work protected by copyright. 3. Defendants Universal City Studios, LLC, Universal City Studios Production, Legendary Pictures Films, LLC, Legendary Pictures Funding, LLC and Legendary Pictures Productions, LLC are distributing the ?Steve Jobs? movie and national movie theater chains, including defendants AMC Entertainment Holdings, Inc., AMC Entertainment, Inc., Regal Entertainment Group, Cinemark Holdings, Inc. and Cinemark USA, Inc., are showing the movie. Defendants? conduct constitutes copyright infringement under the Copyright Act. JURISDICTION AND VENUE 4. This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. 1331 and 1338(a). ?Case 2:15-cv-0208O Document 1 Filed 10/29/15 Page 3 of 27 5. This Court has personal jurisdiction over all the Defendants by virtue. of their transacting, doing, and soliciting business in the District?of Nevada, and/or a substantial part of the relevant events occurring in the District of Nevada. 6. Venue in this District is proper under 28 U.S.C. 1391(b) and and/or 28 U.S.C. 1400(a). A substantial part of the acts of infringement complained of herein occurred in this District, and/or this is a District in which Defendants may be found. THE PARTIES 7. Plaintiff Roessler, a United States citizen, is an individual residing in Las Vegas, Nevada. For over forty years Mr. Roessler specialized in photography of sharks and other marine wildlife. 8. Defendants Universal City Studios, LLC and Universal City Studios Productions, (collectively the ?Universal Defendants?), each also known as Universal Pictures, are, respectively, a limited liability company and a limited liability limited partnership duly organized and existing under the laws of the State of Delaware. On information and belief, the corporate of?ce and principal place of business of each of the Universal Defendants is located at 100 Universal City Plaza, Universal City, California 91608. The Universal Defendants have caused the movie ?Steve obs? to be shown to the general public in this District. 9. Defendants Legendary Pictures Films, LLC, Legendary Pictures Funding, LLC and Legendary Pictures Productions, LLC (collectively the ?Legendary Defendants?), each also known as Legendary Pictures and Legendary Entertainment, are entities duly organized and existing under the laws of the State of Delaware. On information and belief, the corporate of?ce and principal place of business of each of the Legendary Defendants is The Pointe, 2900 W. Alameda Ave, Burbank, California 91505. The Legendary Defendants have caused the movie ?Steve Jobs? to be shown to the general public in this District. Case 2:15-cv-0208O Document 1 Filed 10/29/15 Page 4 of 27 10. Defendants AMC Entertainment Holdings, Inc, and AMC Entertainment, Inc. (collectively the Defendants?), each also known as AMC, are corporations duly organized and existing under the laws of the State of Delaware. On information and belief, the corporate of?ce and principal place of business of eachof the AMC Defendants is One AMC Way, 11500 Ash St., Lealand, Kansas 66211. The AMC Defendants, and subsidiaries and affiliates thereof, are showing to the general public the movie ?Steve obs? in this District. 11. Defendant Regal Entertainment Group (?Regal?), also known as Regal, is a corporation duly organized and existing under the laws of the State of Delaware. 011 information and belief, the corporate office and principal place of business of Regal is 7l32 Regal Lane, Knoxville, Tennessee 37918. Regal, and subsidiaries and af?liates thereof, are showing to the general public the movie ?Steve Jobs? in this District. 12. Defendants Cinemark Holdings, Inc. and Cinemark USA, Inc. (the ?Cinemark Defendants?), each also known as Cinemark, are corporations duly organized and existing under 1 the laws of the State of Delaware. On information and belief, the corporate of?ce and principal ?1 place of business of each of the Cinemark Defendants is 3900 Dallas Parkway, Suite 500, Plano, Texas 75903. The Cinemark Defendants, and subsidiaries and af?liates thereof,iare showing to the general public the movie ?Steve Jobs? in this District. FACTS A. Mr. Roessler?s Career in Dive Travel 13. After graduating from Yale University in 1955 with a Bachelor of Science degree in Industrial Administration, Mr. Roessler worked for General Electric and IBM until 1964 when he returned to Yale. At Yale, he designed and implemented a university-wide computer~based accounting, budgeting and personnel administration system, eventually heading Yale?s Scientific Computer Center with the equivalent rank of full Professor. Case 2:15-cv-0208O Document 1. Filed 10/29/15 Page 5 of 27 14. As a young man, Mr. Roessler?s hobby and passion was scuba diving. In 1969, acting on a long-held dream, Mr. Roessler left Yale and, with his wife and children, moved to the Caribbean islands of Curacao and Bonaire. 15. For the next three years, Mr. Roessler hosted dive groups in the Caribbean and by 1972, Mr. Roessler was organizing and leading dive groups throughout the world. Over the next twenty ?ve years, he popularized expeditionary live-aboard dive cruises to over thirty locations around the globe. 16. For many years, Mr. Roessler was a leader of the international ocean diving industry. For example, he has served on the board of directors of both the Historical Diving Society and the International Scuba Diving Hall of Fame. 7 17. In recognition of his leadership role in the ?elds of scuba diving and diving tourism, Mr. Roessler has garnered honors and awards, including the following: In 2007, Mr. Roessler was inducted into the International Scuba Diving Hall of Fame. 0 In 2008, the Academy of Underwater Arts Sciences awarded Mr. Roessler the NQGI award, which recognizes ocean-related leaders in the ?elds of art, distinguished services, environment, science and sports education. 0 In 2011, the Caribbean island of Bonaire awarded Mr. Roessler the Bonaire Lifetime Achievement Award. In 2013, the Beneath the Sea Show, a leading exposition for divers, awarded Mr. Roessler the ?Diver of the Year Award.? 0 In 2014, the Historical Diving Magazine awarded Mr. Roessler its Diving Pioneer Award- ?[f]or his lifelong contributions to diving.? B. Mr. Roessler?s Career as a Professional Photographer 18. In 1972, shortly after he began leading diving expeditions to ocean locales around the world, Mr. Roessler also started taking underwater photographs. 19. Mr. Roessler eventually became an expert at photographing marine life, in particular, sharks and coral reefs, Across a span of approximately forty years, he amassed a collection of Case 2:15-cv-0208O Document 1 Filed 10/29/15 Page 6 of 27 over 300,000 photographs of marine life that he had taken in tropical ocean waters in the Caribbean, South Paci?c, Indian Ocean, the Red Sea and elsewhere. 20. Mr. Roessler is an accomplished and respected photographer of marine life. His photographs have appeared in numerous books, in illustrated magazine articles, and on website pages. 21. Examples of books authored by Mr. Roessler with his marine life photographs include: ?Underwater Wilderness: Life around the Great Reefs?(Paul Steiner/Chanticleer Press, New York), which was an alternate selection of the Book-of?the-Month Club in 1977 I ?The Undersea Predators? (Facts on File, Inc., New York) 0 ?Mastering Underwater Photography? (William Morrow, New York) a ?Diving and Snorkeling Guide to the Caymen Islands: Grand Cayman, Little Cayman and Cayman Brac? (Pisces Books, Gulf Publishing, Houston) ?Coral Kingdoms? (Harry N. Abrams Co., New York), which was an alternate selection of the Book?of?theuMonth Club in 1986 a ?Great Reefs of the World? (Pisces Books, Gulf Publishing, Houston) 6 ?Sharks of the World? (self-published) a ?An Undersea Mystery: Why are some marine creatures so colorful?? (self?published) ?Predators? (Pisces Books, Gulf Publishing, Houston) 0 ?Australia: Coral Sea and Great Barrier Reef? (Pisces Books, Gulf Publishing, Houston). 22. In recent years, Mr. Roessler has focused on photographs of Southwest United States landscapes. To date, he has authored and published five volumes of the book series ?Masterpieces of Nature,? with photographs of desert and mountain parks of the Southwest, as- well as one volume with photographs of the Canadian Rockies. Case 2:15-cv-0208O Documentl Filed 10/29/15 Page 70f 27 C. The Maddened Attack Shark Photograph 23. In February 1994, Mr. Roessler led a diving expedition to the vicinity of the Neptune Islands, about ?fty miles southwest of Adelaide, Australia. The trip lasted ten days, and Mr. Roessler dived up to four times a day. 24. During this February 1994 diving trip near the Neptune Islands, Mr. Roessler took the Maddened Attack shark photograph from inside a shark cage, a metal cage that is meant to protect scuba divers while they observe and photograph sharks. 25. The Maddened Attack shark photograph is an image of a. young, hungry male Great White shark, approximately fourteen feet long, with its mouth wide open. 26. The Maddened Attack shark photograph is an iconic shark image, capturing the aggressive, vicious, predatory nature of the shark, mouth open and teeth ready to crush, kill and devour its victim. D. The Copyright Registration for the Maddened Attack Shark Photograph I 27. Under copyright law, Mr. Roessler is the author of the Maddened Attack'shark photograph and the owner of the copyright in this photograph. 28. On August 9, 1995,,Mr. Roessler?s agent submitted an application to the Copyright Of?ce to register the cepyright in the Maddened Attack shark photograph and other photographs of marine wildlife. 29. Shortly thereafter, on August 14, 1995, the Copyright Of?ce issued a Certi?cate of Registration, No. VA 712-687, for the work titled IMAGES Volume This work encompasses a collection of ten photographs taken by Mr. Roessler of marine wildlife, including speci?cally the photograph referred to in this Complaint as the ?Maddened Attack shark photograph,? which is photograph in the COpyright deposit accompanying the Case 2:15-cv-0208O Document 1 Filed 10/29/15 Page 8 of 27 application. Attached as Exhibit 1 to this Complaint is a copy of this Certi?cate of Registration, No. VA 712-687. 30. Subsequently, Mr. Roessler elected to submit an application to register his copyright in the single Maddened Attack shark photograph. Effective December 27, 2012, the Copyright Of?ce issued'a Certificate of Registration, No. VA 1-864?707, for the photographic work titled ?Maddened Attack.? The work covered by Copyright Registration No. VA 1-864?707 is the single photograph taken by Mr. Roessler referred to in this Complaint as the ?Maddened Attack shark photograph.? Attached as Exhibit 2 to this Complaint is a copy of the Certificate of Registration, No.? VA 1-864?707. E. Apple?s License and Use of the Maddened Attack Shark Photograph 31. In 1998, Apple Computer, Inc. (?Apple?) licensed use of the Maddened Attack shark photograph. The license granted Apple the right to use the image for one year from the date of Apple?s first publication of the image. Specifically, Apple?s use rights were ?[u]limitecl, world- wide, non-?exclusive usage for one year, excluding Television use? with electronic or digital use (website, cd-rom, or other media use).? I 32. Apple?s right to use the Maddened Attack shark photograph ceased by mid~l999 one year after Apple?s first publication of the photograph. Further, Apple did not acquire the right to re?distribute or sublicense this photograph and, based in information and belief, never did so. 33. On May 6, 1998, Apple ?rst used the Maddened Attack shark photograph during a presentation by Steve Jobs the co?founder and CEO of Apple, introducing Apple?s PowerBook G3 laptop computer. Jobs sought to humorously make the point that the Apple PowerBook G3 laptop was substantially faster than laptops using Intel Corporation?s Pentium chip. Jobs stated: ?And, one other thing, it [the PowerBook eats Pentium notebooks for 4s. ~40\UCase 2:15-cv-0208O Document 1 Filed 10/29/15 Page 9 of 27 lunch, too.? While Jobs made this comment during his presentation, a large screen behind him showed an image of a shark. The shark image used by Apple was Mr. Roessler?s Maddened Attack shark photograph that had been lawfully licensed by Apple. See (starting at 9:10 minute mark). 34. As used by Jobs at the May 6, 1998 presentation, the Maddened Attack shark photograph symbolized Apple?s aggressiveness in competing with Windows/Intel computers. 35. Apple?s license agreement with Mr. Roessler allowed Apple to use his Maddened Attack shark photograph as the central image in an advertisement. Apple created an advertisement consisting entirely of the Maddened Attack shark photograph, with some cropping (removing some areas at the perimeter of the photograph to change the framing of the shark?s head and open mouth) and skewing rotating the image around a point), and (ii) superimposing on the image near the bottom in the center, in. solid white the phrase ?Think different? placed below Apple?s logo (an apple silhouette, with a bite taken out on the right side). 36. Based on information and belief, Apple made no other use of Mr. Roessler?s Maddened Attack shark photograph, and both uses of the photograph the projected image at ob?s presentationintroducing Apple?s PowerBook G3 laptop and the ad ceased within one year of Apple?s first publication of the photograph. F. The ?Steve Jobs? Movie 37. In OctOber 2015, Defendants released the movie ?Steve Jobs.? 38. ?Steve Jobs? is a ?ctionalized biography of Jobs. The movie is loosely based on the authorized biography of Jobs, titled ?Steve Jobs,? by Walter Isaacson that was published in 2011. 39. The Maddened Attack shark photograph first appears in the movie when Jobs on May 6, 1998 interacts with the Apple employees assisting with his preparation offstage in the technical control room shortly before Jobs goes on stage to introduce the PowerBook G3 laptOp Case ?2:15-cv-02080 Documentl Filed 10/29/15 Page 10 of 27 and the iMac line of Apple computers. Jobs and his crew refer to the thirty?nine shark images considered, illustrating Jobs?s perfectionism bordering on obsessiveness, fixating on a detail in the presentation. 40. A reviewer of the ?Steve Jobs? movie connects the shark image in this scene to the larger themes of the movie: . . . Fassbender [as Jobs] reads the mood of every room he?s in with the hunger of 'a shark circling for prey. In fact, the computer image of a Great White [12 8., the Maddened Attack shark photograph] ?gures signi?cantly in one scene, as Jobs berates an underling for failing to provide the perfect shark photo for a big product-launch presentation. Stevens, Dana, Slate, ?The Shark: Michael Fassbender as a Predatory Steve obs in Danny Boyle and Aaron Sorkin?s - biopic.? sorkin steve iobs starring michael fassbender (October 9, 2015). All. This scene the discussion of the shark image by Jobs and his staff prior to Jobs?s presentation never occurred in real life. First, the Maddened Attack shark photograph was licensed by Apple several weeks before the May 1998 presentation by Jobs introducing the PowerBook G3 laptop. Second, the movie?s script writer, Aaron Sorkin (?Sorkin?), apparently ?got the idea for the part about ?nding the right shark picture because Jobs once tasked an. employee to ?nd the perfect picture of a birthday cake to use as a slide during a product launch celebrating the five?year anniversary of a different product.? I See Knudsen, Tyler, ?What I Learned from Watching: Steve Jobs (2015),? (October 25, 2015). Finally, Walter Isaacson?s biography of 4 Steve Jobs, upon which the movie is loosely based, never even mentions the scene, much less the shark image. 10_ Case 2:15-cv-0208O Document 1 Filed 10/29/15 Page 11 of 27 42. In the movie?s next scene, the set is the auditorium where Jobs will make his presentation introducing Apple?s PowerBook G3 laptop. Jobs, standing on the stage, is having an intense argument with Steven Wozniak (?Wozniak?), Apple?s co?founder, who is standing in the auditorium. Throughout the argument, the Maddened Attack shark photograph is displayed on an enormous screen behind Jobs. The camera angles, the location of Jobs in front and below the large screen, and cuts between showing all of the shark image and part of the shark image each serve to emphasize both the continued, looming presence of the shark image throughout the course of the argument and the enormous size of the shark in relation to Jobs?s small stature on stage. 43. The argument between Jobs and Wozniak immediately prior to Jobs?s presentation with the enormous shark image hovering above Jobs?s ?gure never occurred in real life. In a recent interview with the online magazine ?Tech Insider,? Wozniak stated when the interviewer ?asked speci?cally about that scenez? That scene was made up for the movie. I was behind Jobs and the products at each introduction. I would never even talk to a friend that way. But the sentiment among many was like that portrayed by my character, so their feelings were put into my mouth for the movie. I would have liked myself saying those things, except for the epithet. The comments about Apple II recognition had nothing to do with myself. I was a voice for all the employees of that division who were being ignored and disrespected, possibly to diminish a source of competition to Steve Jobs? Macintosh. Stenovec, Tim, ?Steve Wozniak told us one of the pivotal scenes in the new Steve Jobs movie was made up,? Tech Insider, was?made-up?ZOIS-IO (Oct. 8, 2015) (emphasis added). See also Tetzeli, Rick, ?Steve Jobs, the Movie: 11 Things That Aren?t True About the Apple Cofounder, Fast Company, ://m.fastcompanv. com/ 3 obs?the?movie-l -things?that~arent- (Oct. 9, 2015) (?Apple cofounder Steve Wozniak and Jobs have 11 Case 2:15-cv-0208O Document 1 Filed 10/29/15 Page 12 of 27 a dramatic public shouting match before the iMac launch. Pure invention. By this time, Woz had already withdrawn from active work at Apple and the real blowup was long behind them?) 44. The movie?s script author, Sorkin, also has acknowledged that the movie is not a literal telling of Job?s life. In a recent interview, Sorkin stated that ?(Isaacson?s) job as a journalist was to be objective. Mine was to be subjective, to infer things, come up with various hypotheses and dramatize them.? Alexander, Bryan, ?Michael Fassbender portrays ?poorly made? Steve Jobs,? USA Today, 1 5/ 1 0/ 1 2/michael-fassbender? steve?i ob s? interview/73601092/ (Oct. 12, 2015). I 45. In a statement for the United Kingdom?s Daily Mail, Sorkin said that'the ?Steve Jobs? movie ?is not meant to be a dramatic re?creation of actual events.? Newton, Jennifer, ?Writer of the new controversial Steve Jobs biopic defends ?lm?s inaccuracies saying it is not meant to depict ?actual events?,? Dailymail.com, meant? depict-actual-events.html (Oct. 13 2015). 46. Similarly, the movie?s director, DannyBoyle, recently stated: ?This is, not about being a Steve Jobs documentary. . . . [Sorkin] takes some of the facts and bases the drama on them and discards other facts.? Alexander, Bryan, ?Michael Fassbender portrays ?poorly made? Steve Jobs,? USA Today, (Oct. 12, 2015). 47. In the May 6, 1998 scene, the shark on the screen comes to represent not the competitiveness of Apple and the superiority of the new Apple laptop to its competitor?s laptops, but rather the vicious, predatory nature of Jobs himself in relation to Wozniak, Apple?s co? founder, and the team of Apple employees who designed a prior generation computer, the Apple 12 - Case 2:15-cv-0208O Document 1 Filed 10/29/15 Page 13 of 27 II, that Jobs now despised. In the movie, Jobs is ruthlessly using the pro?ts generated by Wozniak?s and his team?s successful Apple II machines to fund the development and rollout of the next generation Apple machines, while obstinately refusing to recognize Wozniak and his team in the about?to?start presentation. By extension, the shark on the screen also represents Jobs?s ruthless and predatory nature in all his signi?cant relationships, extending from his interactions with Apple employees to his relationship with his daughter and her mother. 48. The Maddened Attack shark photograph is central to the ?Steve Jobs? movie. The shark photograph is either actually visible or an omnipresent image on the large screen behind and above Jobs while he argues with Wozniak for several minutes. 49. The shark image is used ?rst as a simple prop to expose Jobs? perfectionism and obsessiveness; second, the shark image symbolizes the new Apple computers ?devou1?ing?_ its competitors? computers; third, the shark image symbolizes obs?s personality intense, 'visceral, vicious, ruthless, and predatory devouring his co-founder, Apple employees, his own daughter and her mother; and, fourth, the shark image, looming large above Jobs on the stage, appears about to devour Jobs himself. In the movie, the enormous Maddened Attack shark image, poised above Jobs?s small ?gure, comes to symbolize Jobs?s inner demons, his uncontrollable, instinctual viciousness a meanness Well beyond conventional aggressiveness that devours and destroys not just his relationships with others, but also his own integrity, his own soul. 50. As the movie?s script author, Aaron Sorkin, stated in a recent interview: ?fMy hypothesis going into this was that deep down, Steve believed himself to be kind of an irreparany damaged person, unworthy of being liked or loved.? Alexander, Bryan, ?Michael Fassbender portrays ?poorly made? Steve Jobs,? USA Today, 1 5/1 0/1 steve-i obs? interview/73601092/ (Oct. 12, 2015). The Maddened Attack shark photograph, looming over the 13 Case 2:15-cv-0208O Document 1 Filed 10/29/15 Page 14 of 27 Jobs ?gure as he argues with Apple?s co-founder, Wozniak, dramatically expresses this hypothesis. 51. The movie, via the iconic Maddened Attack shark photograph, visually uses zoomorphism, attributing the shark?s characteristics to Jobs, to unsubtly inform the movie audience and comment on Jobs?s The Maddened Attack shark photograph is not a simple prop or background image, but rather is a key, essential character in the movie?s concluding scenes, for the audience the movie makers? answer to the question ?who is Steve Jobs.? 52. Numerous reviews of the ?Steve Jobs? movie acknowledge and refer to the centrality of the iconic Maddened Attack shark photograph in the movie. Indeed, a review of the movie published. in the online magazine ?Slate? is entitled ?The Shark: Michael Fassbender as a predatory Steve Jobs in Danny Boyle and Aaron Sorkin?s biopic.? See Stevens, Dana, Slate, sorkin steve iobs starring michael fassbender_reviewed.html (October 9, 2015) (?the computer image of a Great White ?gures- signi?cantly in one scene?). G. Defendants Have Infringed the Copyright in the Maddened Attack Shark Photograph Owned by Plaintiff Carl Roessler 53. For their own pro?t and advantage, Defendants have copied, used, distributed, published, displayed and misappropriated the Maddened Attack shark photograph that is a Work subject to and protected by the Copyright Act. 54. Mr. Roessler never granted permission to or otherwise authorized Defendants to copy, use, distribute, publish or display the Maddened Attack shark photograph. 55. Defendants did not include a copyright notice in the ?Steve Jobs? movie stating that Carl Roessler is the copyright owner for the copyright in the work known as the Maddened Attack shark photograph. Nor have Defendants provided any attribution or other 14 Case 2:15-cv-0208O Document 1 Filed 10/29/15 Page 15 of 27 acknowledgment that Carl, Roessler is the photographer who took the photograph of the shark used in the ?Steve Jobs? movie. FIRST CAUSE OF ACTION (Copyright Infringement All Defendants) 56. Plaintiff incorporates by reference all the allegations of paragraphs 1 through 55, inclusive. 57. Plaintiff Carl Roessler is the author, owner and cepyright holder of the work identified in this Complaint as the Maddened Attack shark photograph. 58. Mr. Roessler has complied in all respects with the Copyright Act, 17 U.S.C. 101et seq, and secured the exclusive rights and privileges in and to' the copyright in the Maddened Attack shark photograph. 59. Mr. RoesslerKhas been and still is the sole owner of all rights, title, and interest in and to the Maddened Attack shark photograph. 60. Defendants? conduct violates'the exclusive rights belonging to Mr. Roessler as owner of the copyright in the Maddened Attack shark photograph, including without limitation Mr. Roessler?s rights under 17 U.S.C. 106. I 61. As a direct and proximate result of their wrongful conduct, Defendants have deprived Mr. Roessler of license fees, pro?ts and other bene?ts rightfully belonging to Mr. Roessler. 62. Based on information and belief, Mr. Roessler alleges that, as a direct and proximate result of their wrongful conduct, Defendants have realized and continue to realize profits and other benefits rightfully belonging to Roessler. I 63. Accordingly, Mr. Roessler seeks an award of damages pursuant to 17 U.S.C. 504 and 505. 15 Case 2:15-cv-0208O Document 1 Filed 10/29/15 Page 16 of 27 64. Alternatively, Mr. Roessler is entitled to recover the maximum allowable statutory damages, pursuant to 17 U.S.C. 504(0). 65. Mr. Roessler fu1ther is entitled to his attorney?s fees and full costs-pursuant to 17 U.S.C. 502. SECOND CAUSE OF ACTION (Contributory Infringement of Cepyrig'ht Universal Defendants and Legendary Defendants) 66. Plaintiff Mr. Roessler incorporates by reference all the allegations of paragraphs 1 through 65, inclusive. 67. The Universal Defendants and the Legendary Defendants knowingly and materially induced, caused or contributed to the copyright infringement and the creation of the unauthorized copies of the Maddened Attack shark photograph. 68. The Universal Defendants and the Legendary Defendants materially contributed to the distribution of the unauthorized copies of the Maddened Attack shark photograph by the AMC Defendants, Regal and the Cinemark Defendants. 69. The Universal Defendants and the Legendary Defendants derived substantial and direct ?nancial benefit from the infringements of the Maddened Attack shark photograph. 70. As a direct and proximate result of this wrongful cOnduct, the Universal Defendants and the Legendary Defendants have realized profits and other bene?ts rightfully belonging to Mr. Roessler and have deprived Mr. Roessler of profits and other benefits rightfully belonging to him. Accordingly, Mr. Roessler seeks an award of damages pursuant to 17 U.S.C. 504 and 505. 71. Alternatively, Mr. Roessler is entitled to recover the maximum allowable statutory damages, pursuant to 17 U.S.C. 504(c). l6 Case 2:15-cv-0208O Document 1 Filed 10/29/15 Page 17 of 27 72. Mr. Roessler further is entitled to his attorney?s fees and full costs pursuant to 17 U.S.C. 502. THIRD CAUSE OF ACTION (Vicarious Infringement of Copyright Universal Defendants and Legendary Defendants) I 73. Plaintiff Mr. Roessler incmporates by reference all the allegations of paragraphs 1 through 72, inclusive. 74. The Universal Defendants and the Legendary-Defendants had the right and ability to supervise and control the infringing conduct. The Universal. Defendants and the Legendary Defendants, however, failed to exercise such supervision and control. - 75. As a direct and proximate result of such failure to supervise and control, the Universal Defendants and the Legendary Defendants have infringed Mr. Roessler?s copyright in the Maddene?d Attack shark photograph. 76. The Universal Defendants and the Legendary Defendants derived substantial and. direct financial benefit from the infringements of the Maddened Attack shark photograph. 77. As a direct and proximate result of this wrongful conduct, the Universal Defendants and the Legendary Defendants have realized profits and other benefits rightfully belonging to Mr. Roessler and have deprived Mr. Roessler of pro?ts and other benefits rightfully belonging to him. Accordingly, Roessler seeks an award of damages pursuant to 17 U.S.C. 504 and 505. 78. Alternatively, Mr. Roessler is entitled to recover the maximum allowable statutory I damages, pursuant to 17 U.S.C. 504(c). 79. Mr. Roessler further is entitled to his attorney?s fees and full costs pursuant to 17 U.S.C. 502. 17 Case 2:15-cv-0208O Document 1 Filed 10/29/15 Page 18 of 27 FOURTH CAUSE OF ACTION (Injunction Universal Defendants and Legendary Defendants) 80. Plaintiff Mr. Roessler incorporates by reference all the allegations of paragraphs 1through 79, inclusive. 81. Based on information and belief, the Universal Defendants and the Legendary Defendants intend to and will copy, use, license, distribute, display, publish, perform and sell via on?demand subscription services, movie streaming services, and other non-theatrical movie distribution, including digital video discs in standard, high de?nition (Blu?ray) or other formats, copies of Mr. Roessler?s copyrighted work, the Maddened Attack shark photograph. 82. The Universal Defendants" and the Legendary Defendants? conduct threatens to cause and, unless enjoined and restrained by this Court, will cause Mr. Roessler to sustain substantial, immediate, and irreparable injury that cannot fully be compensated for or measured in money. Mr. Roessler has no adequate remedy at law. 83. Mr. Roessler is informed and believes and on that basis avers that unless enjoined and restrained by this Court, the Universal Defendants and the Legendary Defendants will infringe Mr. Roessler?s rights in the Maddened Attack shark photograph and the copyright therein. Pursuant to 17 U.S.C. 502, Mr. Roessler is entitled to preliminary and permanent injunctions prohibiting infringements of his copyright and exclusive rights under'copyright. 84. Mr. Roessler further is entitled to his attorney?s fees and full costs pursuant to 17 U.S.C. 502. 18 Case 2:15-cv-0208O Document 1 Filed 10/29/15 Page 19 of 27 PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for judgment against Defendants as follows: A. Declaring that Defendants? unauthorized conduct violates Plaintiffs? rights under the Copyright Act; B. A preliminary injunction during the pendency of this action and a permanent injunction thereafter enjoining the Universal Defendants and the Legendary Defendants, their officers, directors, agents, servants, employees, representatives, attorneys, related companies, including parents and subsidiaries, successors, assigns, and all others in active concert or participation with them from copying, using, licensing, distributing, displaying, publishing, performing and selling via on?demand subscription services, movie streaming services, and other non?theatrical movie distribution, including digital video discs in standard, high de?nition (Blu?ray) or other formats, any copies of Plaintiffs COpyrighted work without consent or otherwise infringing Plaintiffs copyright in any manner; C. Ordering Defendants to account to Plaintiff for all gains, profits, and advantages derived by Defendants by their infringement of Plaintiff?s copyright or such damages as are proper; D. Awarding Plaintiff actual damages for Defendants? copyright infringement in an amount to be determined at trial; E. Awarding Plaintiff the maximum allowable statutory damages for Defendants? c0pyright infringement in an amount to be determined at trial; I 19 \000\10Case 2:15-cv-0208O Document 1 Filed 10/29/15 Page 20 of 27 F. Awarding Plaintiff his costs, reasonable attorneys? fees, and disbursements in this action, pursuant to 17 U.S.C. 505; and G. Awarding Plaintiff such other and further relief as is just and proper. Dated: October 29, 2015. $513. Aldrich vada Bar No. 6877 ALDRICH LAW FIRM, LTD. 1601 South Rainbow Boulevard, Suite 160 Las Vegas, Nevada 89146 Tel: 702-583-6748 Fax: 702-227?1975 Tobey B. Marzouk MARZOUK PARRY, PLLC 1901 Ave, NW, Sixth Floor Washington, DC 20006 - Tel: (202) 463-7293. 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"icif' ?miicg?gn: .339 -- a [if menace =i ls?a?misz L- a Na?! inseam-mag giggag?waw?h if 7 my? meg-was}; 'INSW'?m?wl?r I I I 7A in" mug"? E: ?mg mm? Ell . 3553?33 vnai?hre ma united 11.16- ??r?ws in?ux-r- i'ng?x??iliifhtum?! $353130?me w: - niaag-z. {er-hey? -?fairn?< am stair}: if?if?es' A N9 gutjomi?catgg in? vvi?wif?mg'111g? ?53? We; Mimi: warming; Hm?g- rain}. T113;qu ,i??igiais . ,a Futnaml?i?gl Case 2:15-cv-O208O Document 1 Filed 10/29/15 Page 25 of 27 {Checkw'riich? swag-4; new "Ehfb PaCi?f-z Steak Collection" #Veium?e 1 ImagE/P?g? Numbers {Grif?thorandiGilaiimanh I. 79C 793* 79$ BEA. 8m; . 37A TGTALQ .. :3 gums: 's?sa?ewdme PRINTED or; RAPE rai wge regaimza?az-?sagga Case 2:15-cv-0208O Document 1 Filed 10/29/15 Page 26 of 27 Case 2:15-cv-0208O Document 1 Filed 10/29/15 Page 27 of 27 Certi?cate of Registration . STATES This certi?cate issued under the seal of the Copyright - Of?ce in accordance with title 17, United States Code, attests that registration has been made for the work 5.. 1% 2 identi?ed below. The information on this certi?cate has I EE 6? (a a been made a part of the Copyright. Of?ce records. R?glsuatmn Number 25?? A ?137" {a - 4 a Effective date of . registration: Register of Copyrights, United States of America- Decembcr 27? 2012 Title Title" of Work: Maddened Attack . Nature of Work: Photograph Completion [Publication 7 i Year of Completion: 1995 Date'oflst Publication; July 1,1995 Nation of Publication: United States.- Author Author: cart Roessler Author Created: Photograph Work .made'for hire: No- Citizen' of: United States Year Born: 1933 Anonymous: No Pseudonymous: No Cepyright claimant Copyright Claimant; Carl Roessle'r PO Box 33668., Las Vegas, NV, 89133 Certification Name: Carl KoBSSier Date: December 14,2012 Page 10f