Case 2:18-cv-04126 Document 1 Filed 05/16/18 Page 1 of 11 Page ID #:1

1
2
3
4
5
6
7
8

Stephen M. Doniger (SBN 179314)
stephen@donigerlawfirm.com
Scott Alan Burroughs (SBN 235718)
scott@donigerlawfirm.com
Trevor W. Barrett (SBN 287174)
tbarrett@donigerlawfirm.com
DONIGER / BURROUGHS
603 Rose Avenue
Venice, California 90291
Telephone: (310) 590-1820
Attorneys for Plaintiff
ROBIN BAIN

9

UNITED STATES DISTRICT COURT

10

CENTRAL DISTRICT OF CALIFORNIA

11
12

ROBIN BAIN, an Individual,

13

Plaintiff,

14

Case No.:
PLAINTIFF’S COMPLAINT FOR:
1. COPYRIGHT INFRINGEMENT

v.

15

20

FILM INDEPENDENT, INC., a
California Corporation, doing business as
the “LA Film Festival”; LA MEDIA
WORKS, CORP., a business entity of
unknown form; JESSICA HAID a.k.a.
“Jessica Cesaro”, an Individual; and
DOES 1-10,

21

Defendants.

16
17
18
19

2. VICARIOUS AND/OR
CONTRIBUTORY COPYRIGHT
INFRINGEMENT
3. VIOLATION OF THE DIGITAL
MILLENIUM COPYRIGHT ACT
(17 U.S.C. §1202)
4. CONVERSION
Jury Trial Demanded

22
23
24

Plaintiff, Robin Bain (“Bain”), by and through her undersigned attorneys,
hereby prays to this honorable Court for relief based on the following:

25
26
27
28

1
COMPLAINT

 Case 2:18-cv-04126 Document 1 Filed 05/16/18 Page 2 of 11 Page ID #:2

JURISDICTION AND VENUE

1
2
3
4
5

1. This action arises under the Copyright Act of 1976, Title 17 U.S.C., §§ 101,
et seq.
2. This Court has federal question jurisdiction under 28 U.S.C. § 1331 and
1338 (a) and (b).

6

3. Venue in this judicial district is proper under 28 U.S.C. § 1391(c) and

7

1400(a) in that this is the judicial district in which a substantial part of the acts and

8

omissions giving rise to the claims occurred.
PARTIES

9
10
11
12

4. Robin Bain is an individual residing in the state of California in the United
States.
5. Plaintiff is informed and believes and thereon alleges that Defendant FILM

13

INDEPENDENT, INC. doing business as “LA Film Festival” (“LA FF”) is a

14

California corporation, with its principal place of business located at 5760 Wilshire

15

Blvd., Los Angeles, California 90036.

16

6. Plaintiff is informed and believes and thereon alleges that Defendant L.A.

17

MEDIA WORKS, CORP (“LA MEDIA”) is a business entity of unknown form, with

18

a principal place of business located at 8033 Sunset Blvd. #973, Los Angeles,

19

California 90046.

20

7. Plaintiff is informed and believes and thereon alleges that Defendant Jessica

21

Haid a.k.a “Jessica Cesaro” (“CESARO”) is an individual residing in the State of

22

California.

23

8. Defendants DOES 1 through 10, inclusive, are other parties not yet

24

identified who have infringed Plaintiff’s copyrights, have contributed to the

25

infringement of Plaintiff’s copyrights, or have engaged in one or more of the

26

wrongful practices alleged herein. The true names, whether corporate, individual or

27

otherwise, of Defendants 1 through 10, inclusive, are presently unknown to Plaintiff,

28

2
COMPLAINT

 Case 2:18-cv-04126 Document 1 Filed 05/16/18 Page 3 of 11 Page ID #:3

1

which therefore sue said Defendants by such fictitious names, and will seek leave to

2

amend this Complaint to show their true names and capacities when same have been

3

ascertained.

4

9. Plaintiff is informed and believes and thereon alleges that at all times

5

relevant hereto each of the Defendants was the agent, affiliate, officer, director,

6

manager, principal, alter-ego, and/or employee of the remaining Defendants and was

7

at all times acting within the scope of such agency, affiliation, alter-ego relationship

8

and/or employment; and actively participated in or subsequently ratified and adopted,

9

or both, each and all of the acts or conduct alleged, with full knowledge of all the

10

facts and circumstances, including, but not limited to, full knowledge of each and

11

every violation of Plaintiff’s rights and the damages to Plaintiff proximately caused

12

thereby.
FACTUAL ALLEGATIONS

13
14

10.This action arises from the exploitation of scenes (“Infringing Scenes”)

15

from Ms. Bain’s copyrighted and unreleased film Nowhereland (“The Film”) by

16

Defendants.

17

11. On two separate occasions, December 14, 2015 and February 5, 2016, Ms.

18

Bain submitted her watermarked and unreleased film Nowhereland to LA FF for

19

consideration under the terms of LA FF’s submission process, which did not provide

20

any further transfer or disclosure rights.

21

12. On December 27, 2016, CESARO, who is an actress in the film

22

Nowhereland, requested Ms. Bain release to her scenes from the film to add to her

23

personal actress demo reel. Ms. Bain unequivocally informed CESARO that she

24

could not fulfill the request. CESARO then responded stating she understood.

25

13. Following this discussion, sometime in late 2016 or early 2017, CESARO

26

obtained a private, watermarked copy of The Film from an employee and/or agent of

27

LA FF. This obtainment was without the knowledge or permission of Plaintiff.

28

3
COMPLAINT

 Case 2:18-cv-04126 Document 1 Filed 05/16/18 Page 4 of 11 Page ID #:4

1

14. On or before February 28, 2017, CESARO then distributed that private

2

copy of The Film to LA MEDIA, which subsequently removed the watermark from

3

The Film and then posted and published the Infringing Scenes from The Film on the

4

LA MEDIA’s website for public viewing. The Infringing Scenes included a

5

significant amount of unreleased footage from The Film, which taken together

6

encompassed the heart of The Film, as well as revealed the ending to The Film.

7

15. Moreover, LA MEDIA added unauthorized music to the Infringing Scenes

8

that have no connection to The Film, creating an unauthorized derivative work.

9

16. On January 16, 2018, counsel for Ms. Bain sent a demand letter to all

10

Defendants. Defendants have failed to adequately respond.

11

FIRST CLAIM FOR RELIEF

12

(For Copyright Infringement – Against all Defendants, and Each)

13

17. Bain repeats, re-alleges, and incorporates herein by reference as though

14

fully set forth, the allegations contained in the preceding paragraphs of this

15

Complaint.

16
17
18

18. Bain has registered The Film with the copyright office under Registration
Number PAu 3-850-168.
19. Bain is informed and believes and thereon alleges that Defendants, and

19

each of them, had access to The Film through her submissions to the LAFF.

20

Additionally, access is also established by the striking similarity of The Film and the

21

Infringing Scenes.

22

20. Bain is further informed and believes and thereon alleges that certain

23

Defendants have an ongoing business relationship with one or more of the other

24

Defendants, and that those parties conspired to traffic in the Infringing Scenes.

25
26

21. Bain is informed and believes and thereon alleges that, without Plaintiff’s
authorization, Defendants, and each of them, distributed, marketed, and published

27
28

4
COMPLAINT

 Case 2:18-cv-04126 Document 1 Filed 05/16/18 Page 5 of 11 Page ID #:5

1

the Infringing Scenes bearing footage that is identical to, or substantially similar to,

2

The Film.

3

22. Bain is informed and believes and thereon alleges that Defendants, and

4

each of them, infringed Bain’s copyrights by creating the Infringing Scenes from

5

The Film and then marketing, distributing, and publishing the Infringing Scenes to

6

the public.

7

23. Defendants, and each of them, infringed Bain’s rights by copying The

8

Film, and publishing the Infringing Scenes, without Bain’s authorization or consent.

9

24. Due to Defendants’, and each of their, acts of infringement, Bain has

10

suffered actual, general and special damages in an amount to be established at trial.

11

25. Due to Defendants’ acts of copyright infringement as alleged herein,

12

Defendants, and each of them, have obtained direct and indirect profits they would

13

not otherwise have realized but for their infringement of Bain’s rights in The Film.

14

As such, Bain is entitled to disgorgement of Defendants’ profits directly and

15

indirectly attributable to Defendants’ infringement of his rights in The Film in an

16

amount to be established at trial.

17

26. Bain is informed and believes and thereon alleges that Defendants, and

18

each of their, conduct as alleged herein was willful, reckless, and/or with knowledge,

19

subjecting Defendants, and each of them, to enhanced statutory damages, claims for

20

costs and attorneys’ fees, and/or a preclusion from deducting certain costs when

21

calculating disgorgeable profits.

22

SECOND CLAIM FOR RELIEF

23

(For Vicarious and/or Contributory Copyright Infringement – Against all Defendants,

24

and Each)

25

27.

Bain repeats, re-alleges, and incorporates herein by reference as though

26

fully set forth, the allegations contained in the preceding paragraphs of this

27

Complaint.

28

5
COMPLAINT

 Case 2:18-cv-04126 Document 1 Filed 05/16/18 Page 6 of 11 Page ID #:6

1

28.

Bain is informed and believes and thereon alleges that Defendants

2

knowingly induced, participated in, aided and abetted in and profited from the illegal

3

reproduction, distribution, and publication of The Film as alleged hereinabove.

4

Specifically, LAFF unlawfully provided CESARO a copy of The Film, who then

5

provided the copy to LA MEDIA. Subsequently, LA MEDIA published the

6

Infringing Scenes to the public. And, Defendants, and each of them, realized profits

7

through their respective obtainment, distribution, and publication of the Infringing

8

Scenes.

9

29.

Bain is informed and believes and thereon alleges that Defendants, and

10

each of them, are vicariously liable for the infringement alleged herein because they

11

had the right and ability to supervise the infringing conduct and because they had a

12

direct financial interest in the infringing conduct. Specifically, each Defendant in the

13

involved in the infringement had the ability to oversee the publication and

14

distribution of the Infringing Scenes. And, Defendants, and each of them, realized

15

profits through their respective obtainment, distribution, and publication of the

16

Infringing Scenes.

17

30. By reason of Defendants’, and each of their, acts of contributory and

18

vicarious infringement as alleged above, Bain has suffered and will continue to

19

suffer substantial damages to her business in an amount to be established at trial, as

20

well as additional actual, general and special damages in an amount to be established

21

at trial.

22

31. Due to Defendants’ acts of copyright infringement as alleged herein,

23

Defendants, and each of them, have obtained direct and indirect profits they would

24

not otherwise have realized but for their infringement of Bain’s rights in The Film.

25

As such, Bain is entitled to disgorgement of Defendants’ profits directly and

26

indirectly attributable to Defendants’ infringement of her rights in The Film, in an

27

amount to be established at trial.

28

6
COMPLAINT

 Case 2:18-cv-04126 Document 1 Filed 05/16/18 Page 7 of 11 Page ID #:7

32. Bain is informed and believes and thereon alleges that Defendants, and

1
2

each of their, conduct as alleged herein was willful, reckless, and/or with knowledge,

3

subjecting Defendants, and each of them, to enhanced statutory damages, claims for

4

costs and attorneys’ fees, and/or a preclusion from deducting certain costs when

5

calculating disgorgeable profits.

6

THIRD CLAIM FOR RELIEF

7

(For Violations of the Digital Millennium Copyright Act (17 U.S.C. §1202 –

8

Against all Defendants, and Each))
33. Bain repeats, re-alleges, and incorporates herein by reference as though

9
10

fully set forth, the allegations contained in the preceding paragraphs of this

11

Complaint.
34. Bain is informed and believes and thereon alleges that Defendants, and

12
13

each of them, violated 17 U.S.C. §1202 by intentionally removing and/or altering the

14

copyright management information on the copy of at least one Infringing Scenes

15

(“Mislabeled Copy”), and distributing the Mislabeled Copy with knowledge that the

16

copyright management information had been removed or altered without authority of

17

the copyright owner or the law, and distributing and publicly displaying the

18

Mislabeled Copy, knowing that copyright management information had been

19

removed or altered without authority of the copyright owner or the law, and

20

knowing, or, with respect to civil remedies under section 1203, having reasonable

21

grounds to know, that the conduct would induce, enable, facilitate, or conceal an

22

infringement of any right under this title.
35. A non-inclusive example of the removal of Bain’s watermark can be seen

23
24

in the comparison below:

25
26
27
28

///
7
COMPLAINT

 Case 2:18-cv-04126 Document 1 Filed 05/16/18 Page 8 of 11 Page ID #:8

The Film:

1
2
3
4
5
6
7
8
9
10
11

Infringing Scenes:

12
13
14
15
16
17
18
19
20
21
22

36.

Bain is informed and believes and thereon alleges that Defendants, and

23

each of them, knowingly removed and altered the copyright management

24

information on the Mislabeled Copy.

25
26

37.

The above conduct is in violation of the Digital Millennium Copyright

Act and exposes Defendants, and each of them, to additional and enhanced common

27
28

8
COMPLAINT

 Case 2:18-cv-04126 Document 1 Filed 05/16/18 Page 9 of 11 Page ID #:9

1

law and statutory damages, attorneys’ fees, and penalties pursuant to 17 USC § 1203

2

and other applicable law.

3

38.

Bain is informed and believes and thereon alleges that Defendants, and

4

each of their, conduct as alleged herein was willful, reckless, and/or with knowledge,

5

and Plaintiff resultantly seeks enhanced damage and penalties.

6

FOURTH CLAIM FOR RELIEF

7

(For Conversion Against All Defendants)

8
9
10
11

39.

Bain repeats, re-alleges, and incorporates herein by reference as though

fully set forth, the allegations contained in the preceding paragraphs of this
Complaint.
40.

Bain is informed and believes and thereon alleges that LA FF took

12

possession of The Film after Bain’s private submission, and unlawfully distributed a

13

copy of The Film to CESARO.

14

41.

Bain is further informed and believes and thereon alleges that CESARO

15

took the unlawful copy of The Film and provided the copy to LA MEDIA, who

16

subsequently published and distributed the scenes accumulating to a substantial

17

amount of The Film to the public.

18

42.

Bain is informed and believes and thereon alleges that Defendants, and

19

each of their, conduct as alleged herein was fraudulent, willful, reckless, and/or with

20

knowledge or gross negligence.

21

43.

The above-referenced conduct caused and continues to cause Bain

22

substantial damages, and given the fraudulent conduct involved in the conversion,

23

subjects the Defendants to punitive damages.

24

PRAYER FOR RELIEF

25

Wherefore, Plaintiff prays for judgment as follows:

26

Against All Defendants

27
28

With Respect to Each Claim for Relief
9
COMPLAINT

 Case 2:18-cv-04126 Document 1 Filed 05/16/18 Page 10 of 11 Page ID #:10

1

a.

from infringing Plaintiff’s copyrights in and to the The Film.

2
3

That Defendants, their affiliates, agents, and employees be enjoined

b.

Granting an injunction permanently restraining and enjoining

4

Defendants, their officers, agents, employees and attorneys, and all those

5

persons or entities in active concert or participation with them, or any of

6

them, from further infringing Plaintiff’s copyrights in and to The Film.

7

c.

For a constructive trust to be entered over any scenes, recordings,

8

reproductions, files, online programs, and other material in connection

9

with The Film, and all revenues resulting from the exploitation of same,
for the benefit of Plaintiff.

10
11

d.

That Plaintiff be awarded all profits of Defendants, and each, plus all

12

losses of Plaintiff, plus any other monetary advantage gained by the

13

Defendants through their infringement, the exact sum to be proven at the

14

time of trial.

15

e.

That Defendants pay damages equal to Plaintiff’s actual damages and

16

lost profits, including without limitation for the value of the property at

17

the time of conversion in an amount to be set forth at trial.

18

f.

available under 17 USC 505 and 17 USC 1203.

19
20

That Plaintiff be awarded statutory damages and attorneys fees as

g.

That Defendants pay the prejudgment interest at the legal rate on the
value of the converted property pursuant to Civil Code Section 3336.

21
22

h.

That Plaintiff be awarded pre-judgment interest as allowed by law;

23

i.

That Plaintiff be awarded the costs of this action; and

24

j.

That Plaintiff be awarded such further legal and equitable relief as the

25

Court deems proper.

26
27
28

10
COMPLAINT

 Case 2:18-cv-04126 Document 1 Filed 05/16/18 Page 11 of 11 Page ID #:11

1
2

A TRIAL BY JURY PURSUANT TO FED. R. CIV. P. 38 AND
CONSTITUTIONAL AMENDMENT SEVEN IS HEREBY DEMANDED.
Respectfully submitted,

3
4
5

Dated: May 16, 2018

By:

/s/ Scott Alan Burroughs
Scott Alan Burroughs, Esq.
DONIGER / BURROUGHS
Attorneys for Plaintiff
ROBIN BAIN

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

11
COMPLAINT