Case 1:18-cv-02202 Document 1 Filed 03/12/18 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK VSL Dokumentikos Namai Plaintiff, Docket No. 18-cv-2202 JURY TRIAL DEMANDED - against – National Public Radio, Inc. Defendant. COMPLAINT Plaintiff VSL Dokumentikos Namai (“VSL” or “Plaintiff”) by and through its undersigned counsel, as and for its Complaint against Defendant National Public Radio, Inc. (“NPR” or “Defendant”) hereby alleges as follows: NATURE OF THE ACTION 1. This is an action for copyright infringement under Section 501 of the Copyright Act. This action arises out of Defendant’s unauthorized reproduction and public display of two copyrighted photographs of mummies, owned and registered by VSL, a news and media outlet. Accordingly, VSL seeks monetary relief under the Copyright Act of the United States, as amended, 17 U.S.C. § 101 et seq. eq. JURISDICTION AND VENUE 2. This claim arises under the Copyright Act, 17 U.S.C. § 101 et seq., and this Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1338(a). 3. This Court has personal jurisdiction over Defendant because Defendant resides in and/or transacts business in New York. Case 1:18-cv-02202 Document 1 Filed 03/12/18 Page 2 of 5 4. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b). PARTIES 5. VSL is a news and media outlet having a usual place of business at Odminiu g. 8 Vilnius LT-01122-Lithuania. 6. Upon information and belief, NPR is a foreign not-for-profit corporation duly organized and existing under the laws of the District of Columbia with a place of business at 11 West 42nd Street 19th Floor, New York, New York 10036. 7. Upon information and belief, NPR is registered with the New York Department of State, Division of Corporations to do business in the State of New York. 8. Upon information and belief, at all times material hereto, Defendant has owned, controlled and operated the website at the URL: http://www.npr.org (the “Website). 9. NPR, on the Website, publishes news stories accompanied with advertising from sponsors. STATEMENT OF FACTS A. Background and Plaintiff’s Ownership of the Photograph 10. VSL is the copyright claimant and owner of all rights in the photographs of the mummies (the “Photographs”). A true and correct copy of the Photographs is attached hereto as Exhibit A. 11. VSL is the owner of all right, title and interest in and to the Photographs, including the copyright thereto. 12. The Photograph was registered with the U.S. Copyright Office and was given Copyright Registration Number VA 2-072-226, effective as of June 29, 2017. B. Defendant’s Infringing Activities Case 1:18-cv-02202 Document 1 Filed 03/12/18 Page 3 of 5 13. On December 8, 2016, NPR posted the Photographs on the Website in an article titled A Mummy's DNA May Help Solve The Mystery Of The Origins Of Smallpox. See https://www.npr.org/sections/goatsandsoda/2016/12/08/504618235/a-mummys-dna-may-helpsolve-the-mystery-of-the-origins-of-smallpox (the “Article”). A True and correct of the Article featuring the Photographs is attached hereto as Exhibit B. 14. Advertisements are featured adjacent to the Article featured on the Website. 15. Defendant did not license the Photograph from Plaintiff for its Website or any other use. 16. Defendant did not have Plaintiff’s permission or consent to publish the Photograph on its Website. FIRST CLAIM FOR RELIEF (COPYRIGHT INFRINGEMENT AGAINST NPR) (17 U.S.C. §§ 106, 501) 17. Plaintiff incorporates by reference each and every allegation contained in Paragraphs 1-16 above. 18. Defendant infringed Plaintiff’s copyright in the Photograph by reproducing and publicly displaying the Photograph on the Website. Defendant is not, and has never been, licensed or otherwise authorized to reproduce, publically display, distribute and/or use the Photograph. 19. The acts of Defendant complained of herein constitute infringement of Plaintiff’s copyright and exclusive rights under copyright in violation of Sections 106 and 501 of the Copyright Act, 17 U.S.C. §§ 106 and 501. Case 1:18-cv-02202 Document 1 Filed 03/12/18 Page 4 of 5 20. Upon information and belief, the foregoing acts of infringement by Defendant have been willful, intentional, and purposeful, in disregard of and indifference to Plaintiff’s rights. 21. As a direct and proximate cause of the infringement by the Defendant of Plaintiff’s copyright and exclusive rights under copyright, Plaintiff is entitled to damages and defendant’s profits pursuant to 17 U.S.C. § 504(b) for the infringement. 22. Defendant’s conduct, described above, is causing, and unless enjoined and restrained by this Court, will continue to cause Plaintiff irreparable injury that cannot be fully compensated by or measured in money damages. Plaintiff has no adequate remedy at law. PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully requests judgment as follows: 1. That Defendant NPR be adjudged to have infringed upon Plaintiff’s copyrights in the Photograph in violation of 17 U.S.C §§ 106 and 501; 2. That Defendant NPR be ordered to remove the Photograph from its Website; 3. That, with regard to the First Claim for Relief, Plaintiff be awarded Plaintiff’s actual damages and Defendant’s profits, gains or advantages of any kind attributable to Defendant’s infringement of Plaintiff’s Photographs; 4. That Defendant be required to account for all profits, income, receipts, or other benefits derived by Defendant as a result of its unlawful conduct; 5. That Plaintiff be awarded pre-judgment interest; and 6. Such other and further relief as the Court may deem just and proper. Case 1:18-cv-02202 Document 1 Filed 03/12/18 Page 5 of 5 DEMAND FOR JURY TRIAL Plaintiff hereby demands a trial by jury on all issues so triable in accordance with Federal Rule of Civil Procedure 38(b). Dated: Valley Stream, New York March 12, 2018 LIEBOWITZ LAW FIRM, PLLC By: /s/Joseph A. Dunne Joseph A. Dunne (JD0674) 11 Sunrise Plaza, Suite 305 Valley Stream, NY 11580 Tel: (516) 233-1660 JD@LiebowitzLawFirm.com Attorneys for Plaintiff VSL Dokumentikos Namai