Case 2:17-cv-08041 Document 1 Filed 11/03/17 Page 1 of 12 Page ID #:1

1 RUFUS-ISAACS ACLAND & GRANTHAM LLP
ALEXANDER RUFUS-ISAACS, State Bar No. 135747
aisaacs@rufuslaw.com
2
PAUL D. SUPNIK, State Bar No. 52842
psupnik@rufuslaw.com
3
232 N. Canon Drive
4 Beverly Hills, California 90210
Telephone: (310) 274-3803
5 Facsimile: (310) 859-7743
6 Attorneys for Plaintiff THE CARSEYWERNER COMPANY, LLC
7
8
9

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

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11
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10
THE CARSEY-WERNER COMPANY,
12 LLC, a California limited liability
company,
13
Plaintiff,
14
v.
15
BRITISH BROADCASTING
16 CORPORATION, a foreign
corporation; SUGAR FILMS
17 LIMITED, a foreign private limited
company, and DOES 1 through 10,
18 inclusive,

CASE No. 2:17-cv-8041
COMPLAINT FOR COPYRIGHT
INFRINGEMENT; DEMAND FOR
JURY TRIAL

Defendants.

19
20
21

Plaintiff The Carsey-Werner Company, LLC (“Carsey-Werner”), complains

22 of defendants British Broadcasting Corporation (“BBC”), Sugar Films Limited
23 (“Sugar Films”) and DOES 1-10 (collectively, “Defendants”) and alleges as follows:
PARTIES, JURISDICTION AND VENUE

24
25

1.

This court has subject matter jurisdiction over this action pursuant to 28

26 U.S.C. §§1331 and 1338(a), because it arises under the United States Copyright Act.
27

2.

This court also has subject matter jurisdiction over this action pursuant

28 to 28 U.S.C. § 1332, because this is a civil action between citizens of different states
8442.11.3.1C

COMPLAINT FOR COPYRIGHT INFRINGEMENT; DEMAND FOR JURY TRIAL

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1 in which the matter in controversy exceeds, exclusive of costs and interest, $75,000.
2

3.

Venue is proper in this District pursuant to 28 U.S.C. § 1391(b)(2)

3 because a substantial part of the events or omissions giving rise to the claim
4 occurred in this District; or, in the alternative, pursuant to 28 U.S.C. § 1391(b)(3)
5 there is no district in which this action may otherwise be brought, and Defendants
6 are subject to the court's personal jurisdiction with respect to such action.
7

4.

This court has personal jurisdiction over Defendants because the

8 following facts show purposeful availment by Defendants toward California through
9 their contacts with the jurisdiction; because they committed wrongful intentional

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11 should have known that Carsey-Werner was likely to suffer harm in California.
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10 acts expressly aimed at Carsey-Werner in California; and because they knew or

12

5.

Carsey-Werner is, and at all relevant times was, a limited liability

13 company organized and existing under the laws of the State of California, with its
14 principal place of business in Encino, County of Los Angeles, California. It is one of
15 the most famous television companies in the world, having produced a series of
16 huge hits between 1983 and 2005, including Roseanne, 3rd Rock From The Sun,
17 That ‘70s Show, Grace Under Fire, and The Cosby Show ("The Cosby Show"),
18 starring Bill Cosby, and owns the registered copyrights in each of those programs.
19

6.

BBC is a corporation organized and existing under the laws of the

20 United Kingdom, with its principal place of business at Broadcasting House,
21 Portland Place, London W1A 1AA, United Kingdom. It broadcasts its programs on
22 multiple television channels in the United Kingdom, and streams its programs online
23 via its “iPlayer” website at https://www.bbc.co.uk/iplayer.
24

7.

BBC also owns, produces, broadcasts and distributes programs around

25 the world, including the United States. For example, together with affiliated entities,
26 it owns and produces the popular television program Dancing with the Stars, which
27 has been continuously aired in the United States since 2005. BBC sought to enforce
28 its rights relating to this program in 2014 when it filed a lawsuit in this District,
8442.11.3.1C

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COMPLAINT FOR COPYRIGHT INFRINGEMENT; DEMAND FOR JURY TRIAL

 Case 2:17-cv-08041 Document 1 Filed 11/03/17 Page 3 of 12 Page ID #:3

1 entitled British Broadcasting Corporation, a foreign corporation, et al., v Scott
2 Sander & Associates, Inc., a California corporation, et al., Case No. 2:14-cv-08047,
3 seeking damages for trademark infringement, breach of contract, and various
4 business torts based on “lost sales and business opportunities.”
5

8.

Sugar Films is a private limited company organized and existing under

6 the laws of the United Kingdom, with its principal place of business at 56 Wood
7 Lane, London, W12 7SB, United Kingdom. It produces television programs. Its five
8 founders are all experienced television executives.
9

9.

In 2017, Sugar Films produced a program for commercial purposes

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11 audiovisual clips (one of which appears 3 times in Fall) (“Clips”) and 2 music cues
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10 entitled Bill Cosby – Fall of an American Icon (“Fall”), which included 8
12 (“Cues”) from The Cosby Show. Carsey-Werner’s permission for such use of the
13 Clips and the Cues (collectively, the “Infringed Works”) was neither sought nor
14 given. The total cumulative running time of the Infringed Works is 234 seconds,
15 which represents 6.5% of the total running time of Fall.1
16

10.

Fall contains interviews with 11 individuals and several location shots

17 of the Sunset Strip in the City of West Hollywood and other locations within the
18 County of Los Angeles. Carsey-Werner alleges in information and belief that Sugar
19 Films travelled to Los Angeles and shot all or many of the interviews2 and locations
20 that appeared in Fall within the County of Los Angeles.
21

11.

BBC first publicly broadcast Fall on its BBC2 channel on June 5, 2017.

22 It was broadcast again on BBC on June 7, 2017. And thereafter, it made Fall
23
24

1

Carsey-Werner does not have a copy of Fall with a professional time code.
25 Therefore, all statements regarding timing and percentages are approximate.
2
26 Carsey-Werner alleges in information and belief that at least 3 of the interviewees
(Gloria Allred, Lili Bernard, and Jennifer Lee Pryor) are residents of Los Angeles
27 County.
28
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COMPLAINT FOR COPYRIGHT INFRINGEMENT; DEMAND FOR JURY TRIAL

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1 available for thirty days for public viewing on its iPlayer website. During that time,
2 it could be viewed on the iPlayer website in the United States by any person using
3 “Virtual Private Network” software, and at various times since June 5, 2017, Fall
4 has been available for viewing in the United States both on YouTube and on other
5 video streaming websites such as http://fmovies.org/watch/Ovk95JGQ-bill-cosby6 fall-of-an-american-icon.html.
7

12.

Defendants willfully, deliberately and knowingly infringed copyrights

8 that they knew to be the property of Carsey-Werner, as evidenced by these facts:
9

(a) Each of the Clips was shown in Fall over a caption reading “The Cosby

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Show - Carsey-Werner Company/Bill Cosby”;
(b) Carsey-Werner is informed and believes and thereon alleges that

12

Defendants knew that Carsey-Werner is based in Los Angeles County,

13

(c) Carsey-Werner’s address in Encino is easily discoverable on the internet;

14

(d) On June 5, 2017, the same day that Fall was first broadcast, Carsey-

15

Werner sent an electronic notice to BBC, and on June 6, 2017, it sent an

16

email to Sugar Films. It stated in both communications that Fall contains

17

materials from The Cosby Show, which was produced and is owned by

18

Carsey-Werner; that these materials were not licensed by Carsey-Werner

19

and no permission was ever sought for their use in Fall; and that their use

20

therefore constitutes copyright infringement. These communications

21

demanded that Fall should not be rebroadcast, and that the infringing

22

materials must be removed immediately from the iPlayer website;

23

(e) Despite Defendants being on actual notice that Fall contained materials

24

that infringed Carsey-Werner’s copyrights, it was broadcast again on BBC

25

on June 7, 2017;

26

(f) On June 12, 2017, Defendants responded separately to the

27
28

communications referenced in paragraph 12(d) above, denying liability;
(g) On June 20, 2017, Carsey-Werner sent Sugar Films a letter asserting
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1

infringement of its copyrights and demanding that Sugar Films pay a

2

license fee for the Infringed Works, but Sugar Films denied liability and

3

refused to pay such a fee; and

4

(h) Despite Defendants being on notice that Fall contained materials which

5

infringed Carsey-Werner’s copyrights, Fall remained available for public

6

viewing on the iPlayer website until approximately July 4, 2017.

7

13.

These facts establish that Defendants’ intentional acts were expressly

8 aimed at California and caused harm that Defendants knew was likely to be suffered
9 in California.
THE FACTS

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10
14.

Between August 9, 1985 and June 17, 1992, The Carsey-Werner

12 Company, a general partnership (“CWC GP”), registered the copyright to two
13 hundred and one episodes of an original television series entitled The Cosby Show.
14 By an Agreement of Merger made as of November 15, 1995, CWC GP was merged
15 with and into Carsey-Werner, so that the separate existence of CWC GP ceased and
16 Carsey-Werner succeeded to all the rights and property of CWC GP. The Certificate
17 of Merger was recorded in the Copyright Office on May 30, 1996. Since 1985,
18 Carsey-Werner and CEC GP have been, and Carsey-Werner still is, the sole
19 proprietor of all rights, title, and interest in and to the copyright in The Cosby Show.
20

15.

The Cosby Show is a creative work that contains a large amount of

21 wholly original material and is copyrightable subject matter under the laws of the
22 United States.
23

16.

Between 1985 and the present, Carsey-Werner and its predecessor

24 complied in all respects with the Copyright Act of October 19, 1976, Title I § 101,
25 90 Stat. 2541; 17 U.S.C. §§ 401-412, and all other laws governing copyright, and
26 secured the exclusive rights and privileges in and to the copyright of The Cosby
27 Show, and holds a certificate of registration from the Register of Copyrights for each
28 episode of the series, identified with the following registration numbers: PA 2658442.11.3.1C

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COMPLAINT FOR COPYRIGHT INFRINGEMENT; DEMAND FOR JURY TRIAL

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1 861, 2294-411, 297-567.
2

17.

Since 1985, The Cosby Show has been broadcast on television and

3 distributed in other media by Carsey-Werner, and all copies of it made by Carsey4 Werner, or under its authority or license, have been broadcast on television and
5 other media in strict conformity with the provisions of the 1976 Act and all other
6 laws governing copyright.
7

18.

Carsey-Werner no longer produces new shows, and is now almost

8 exclusively a television distribution company which licenses programs from its
9 catalogue, and clips from those programs. These programs and clips are its stock-in-

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11 friendly. Clip license request forms can be downloaded from its website at
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10 trade, and Carsey-Werner makes the process of requesting a license quick and user-

12 http://www.carseywerner.com/contact.php and completed in a few minutes.
13

19.

Fall is a one-hour documentary about Mr. Cosby’s alleged history of

14 sexual assaults, and was first broadcast on June 5, 2017, the same day that his
15 prosecution for one such assault began in Pennsylvania. Public statements about
16 Fall, no doubt released by Defendants to generate interest in the program, appeared
17 as early as February 2017, when Broadcast, the principal trade publication of the
18 UK television industry, reported: “The demise of Hollywood star Bill Cosby will be
19 examined in a 60-minute doc for BBC2, Cosby: Fall of an American Icon. Sugar
20 Films will chart The Cosby Show’s star journey from powerful Hollywood icon to
21 his criminal trial for sexual assault which will take place on 5 June this year.”
22

20.

Defendants infringed Carsey-Werner’s copyright by publishing and

23 placing 8 audiovisual clips (one of which is repeated 3 times) and 2 music cues from
24 The Cosby Show and using them for commercial purposes in Fall, which has been
25 broadcast on British television on at least 2 separate occasions and has been
26 streamed on the iPlayer website, and on YouTube and other websites.
27

21.

The Infringed Works, which had the proper copyright notice affixed,

28 consist of the following:
8442.11.3.1C

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COMPLAINT FOR COPYRIGHT INFRINGEMENT; DEMAND FOR JURY TRIAL

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1
2
3 1
4
5 2

Description of
Clip

Episode
Number

©
Registration
Number

Cliff photographs
daughters going
on dates

219

321-929

Season 2
Opening

Any Season 321-826, 321- 15
2 Episode
827, 321-935,
321-936, 321937, 321-938,
321-939, 321940, 321 941,
321-942, 321943, 321- 944,
321-945, 321302, 321-925,
321- 926, 321927, 321-928,
321- 929, 321930, 321-768,
321-931, 321932, 321-933,
321-934
101
265-861
22

11:39-11:54

6
7
8
9

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10

12
13

Clip
Length
(in
Seconds)
23

Documentary
Time Code
0:39-1:02

14 3

Huxtable family
in kitchen

15 4
16

Cliff photographs
daughters (second
use of same clip)

219

321-929

8

12:54-13:02

5

Cliff photographs
daughters (third
use of same clip)

219

321-929

20

13:07-13:27

6

Cliff to Theo: “I
brought you into
this world…”

101

265-861

12

13:31-13:43

7

Grandparents
arriving at the
Huxtable home
Family
performing “The
Right Time”
Family concludes
“The Right Time”

203

321-935

14

13:56-14:10

203

321-935

23

14:29-14:52

203

321-935

7

15:09-15:16

816

559-142

51

23:02-23:53

17
18
19
20
21
22
23
24

8

25 9
26
Bernard as
27 10 Lili
Dr. Huxtable’s
patient
28
8442.11.3.1C

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COMPLAINT FOR COPYRIGHT INFRINGEMENT; DEMAND FOR JURY TRIAL

 Case 2:17-cv-08041 Document 1 Filed 11/03/17 Page 8 of 12 Page ID #:8

Description of
Music Cue

Episode
Number

1

2nd Season opening
theme song “Rasta
Farsan” (15
seconds appeared
over CW clip)

All
episodes
of
Season 2

11 2

Kitchen Scene
“Bill’s Song”
(appeared over CW
clip)

101

1
2
3
4
5
6
7
8
9

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10

12
13
14

22.

©
Registration
Number
321-826, 321827, 321-935,
321-936, 321937, 321-938,
321-939, 321940, 321 941,
321-942, 321943, 321- 944,
321-945, 321302, 321-925,
321- 926, 321927, 321-928,
321- 929, 321930, 321-768,
321-931, 321932, 321-933,
321-934
265-861

Duration
(in
seconds)
54

Documentary
Time Code

12

12:31-12:43

11:23–12:17

The total running time of the Clips is 195 seconds. The total running

15 time of the Cues is 66 seconds, but for 27 of those 66 seconds, the music is heard
16 while Clips appear on the screen. Thus, the music is heard over other images for 39
17 seconds. Therefore, the Infringed Works were either seen or heard (or both) in Fall
18 for a total of 234 seconds. Since the running length of Fall is 59 minutes 30 seconds
19 (3570 seconds), the total cumulative running time of the Infringed Works as
20 percentage of the running time of Fall is 6.5%.
21

23.

The Cues consisted of music shared by Turtlehead, Rendrag UTS and

22 Werner-Carsey Music (BMI) and are administered by Carsey-Werner.
23
24. Defendants had several months in which to clear any material they
24 wished to use in Fall before it was broadcast, and they clearly knew that the
25 Infringed Works belonged to Carsey-Werner, as evidenced by the captions to that
26 effect which appeared over the Clips in Fall. They have therefore sought to profit
27 directly from the use of the copyrighted material without having to pay a license fee
28
8442.11.3.1C

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1 to Carsey-Werner by using the inherent entertainment value of The Cosby Show to
2 entertain viewers. If they had wanted to draw The Cosby Show to viewers’ attention
3 simply in order create a reference point, Defendants could have done so without
4 using copyrighted material. Instead they deliberately used the Clips on 10 separate
5 occasions, no doubt because they knew that showing such a large number of clips
6 from this famous show would appeal to viewers. The Cues further seek to capitalize
7 on The Cosby Show’s popularity.
8

25.

Defendants’ acts were performed without the permission, license, or

9 consent of Carsey-Werner, which has notified Defendants that they have infringed

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11 not infringe the copyrights, and to refuse to pay Carsey-Werner a license fee.
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10 Carsey-Werner’s copyrights. However, Defendants continue to assert that they did

12

26.

Defendants’ willful acts of direct, vicarious, and contributory copyright

13 infringement justify the award of the maximum measure of statutory damages
14 against it for each infringement of The Cosby Show in an amount to be determined,
15 together with costs and attorneys' fees. Alternatively, Carsey-Werner is entitled to
16 its actual damages incurred as a result of Defendants’ infringement in an amount to
17 be determined in excess of Seventy-Five Thousand Dollars ($75,000), and any
18 additional profits of Defendants attributable to the infringement, together with costs
19 and attorneys' fees.
20

CLAIM FOR RELIEF

21

(Direct Copyright Infringement against All Defendants)

22

27.

Carsey-Werner repeats and realleges all the allegations contained in

23 paragraphs 1 through 27, inclusive, as though set forth herein in full.
24

28.

Carsey-Werner owns valid copyrights in the Infringed Works, which

25 are identified in the table in Paragraph 21 above. Attached hereto as Exhibits 1, 2, 3
26 and 4 are four Copyright Registration Certificates: PA 265-861 registered August 9,
27 1985 (Episode 101), PA 321-935 registered January 16, 1987 (Episode 203), PA
28 321-929 registered February 11, 1987 (Episode 219), and PA 559-142 registered
8442.11.3.1C

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COMPLAINT FOR COPYRIGHT INFRINGEMENT; DEMAND FOR JURY TRIAL

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1 March 19, 1992 (Episode 816). These copyrights, and the other copyrights described
2 in said table, were all registered prior to the first acts of infringement alleged herein.
3

29.

Fall is an unauthorized derivative work of the Infringed Works, and

4 Defendants’ commercial exploitation of it infringes upon Carsey-Werner’s
5 copyrights.
6

30.

Defendants have actively promoted, advertised, and facilitated the

7 commercial exploitation of Fall.
8

31.

On information and belief, Defendants have profited substantially from

9 the broadcasting, licensing and commercial exploitation, including but not limited to

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10 streaming, of Fall.
32.

The aforementioned acts of Defendants constitute volitional

12 infringement of Carsey-Werner’s copyright in the Infringed Works by violating
13 Carsey-Werner's exclusive right of reproduction pursuant to 17 U.S.C. §106(1), its
14 exclusive right to create derivative works pursuant to 17 U.S.C. §106(2), its
15 exclusive right of distribution pursuant to 17 U.S.C. §106(3), and its exclusive right
16 of public performance pursuant to 17 U.S.C. §106(4).
17

33.

As a direct result of Defendants’ infringement, Carsey-Werner has

18 suffered damages, and will continue to suffer damages, in an amount that has yet to
19 be determined.
20

34.

As a direct result of their infringement, Defendants have received

21 profits, advantages, and benefits in amounts that have yet to be determined.
22
23

WHEREFORE, Carsey-Werner demands:

24

1.

That Carsey-Werner be awarded (a) statutory damages for each

25 infringement of the Infringed Works in an amount to be determined; or (b) the actual
26 damages suffered by Carsey-Werner as a result of Defendants’ infringement of
27 Carsey-Werner's copyright on the Infringed Works in an amount in excess of
28 Seventy-Five Thousand Dollars ($75,000), and the additional profits of Defendants
8442.11.3.1C

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1 attributable to such infringements;
2

2.

That Defendants be required to account for all gains, profits, and

3 advantages derived by them by their infringement of Carsey-Werner's copyrights on
4 the Infringed Works; and
5

3.

That Carsey-Werner be awarded its reasonable costs and attorneys’

6 fees, and such other and further relief as the Court deems just and proper.
7
8 DATED: November 3, 2017
9

RUFUS-ISAACS ACLAND &
GRANTHAM LLP

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10
By:

12

Alexander Rufus-Isaacs
Attorneys for Plaintiff THE CARSEYWERNER COMPANY, LLC

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DEMAND FOR JURY TRIAL

1
2
3

Plaintiff The Carsey-Werner Company LLC hereby demands trial by jury on

4 all issues triable by a jury.
5
6 DATED: November 3, 2017
7

RUFUS-ISAACS ACLAND &
GRANTHAM LLP

8
9

By:
Alexander Rufus-Isaacs
Attorneys for Plaintiff THE CARSEYWERNER COMPANY LLC

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8442.11.3.1C

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COMPLAINT FOR COPYRIGHT INFRINGEMENT; DEMAND FOR JURY TRIAL