Case 1:19-cv-08208-KPF Document 17 Filed 01/10/20 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NKECHI DIALLO A/K/A RACHEL DOLEZAL, Plaintiff, - against - Docket No. 1:19-cv-8208 (KPF) JURY TRIAL DEMANDED ENTTECH MEDIA GROUP LLC Defendant. AMENDED COMPLAINT Plaintiff Nkechi Diallo a/k/a Rachel Dolezal (“Dolezal” or “Plaintiff”) by and through her undersigned counsel, as and for her Amended Complaint against Defendant ENTtech Media Group LLC (“Enttech Media” 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 a copyrighted photograph of Plaintiff, a former NAACP chapter president. Accordingly, Dolezal seeks monetary relief under the Copyright Act of the United States, as amended, 17 U.S.C. § 101 et seq. 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. 4. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b). Case 1:19-cv-08208-KPF Document 17 Filed 01/10/20 Page 2 of 6 PARTIES 5. Dolezal is an individual residing at 618 East 36th Ave. Spokane, WA 99203. 6. Upon information and belief, Enttech Media is a foreign limited liability company duly organized and existing under the laws of the State of Delaware, with a place of business 15 East 32nd Street, 11th Floor, New York, New York 10016. 7. Upon information and belief Enttech Media is registered with the New York Department of State Division of Corporations to do business in the State of New York. 8. At all times material, hereto, Enttech Media has owned and operated a website at the URL: www.PaperMag.com (the “Website”). STATEMENT OF FACTS A. Background and Plaintiff’s Ownership of the Photograph 9. Dolezal took a self-portrait of herself. (the “Photograph”). A true and correct copy of the Photograph is attached hereto as Exhibit A. 10. The Photograph was first published on or about June 15, 2019. 11. Plaintiff posted the Photograph for the purpose of showing what she looked 12. The Photograph was registered with the United States Copyright Office and was like. given registration number VA 2-163-244, with effective date of July 20, 2019 (the “244 Registration”). A true and correct copy of the 244 Registration, as it appears on the Copyright Office’s website, is attached hereto as Exhibit B. B. Defendant’s Infringing Activities 13. On or about June 16, 2019, Enttech Media ran an article on the Website titled Rachel Dolezal Comes Out as Bisexual. See URL: https://www.papermag.com/rachel-dolezal- Case 1:19-cv-08208-KPF Document 17 Filed 01/10/20 Page 3 of 6 bisexual-2638880910.html. (the “Infringing Article”). The Infringing Article prominently featured the Photograph. A true and correct copy of screenshots from the Infringing Article are attached hereto as Exhibit C. 14. Enttech not only used the Photograph as part of a composite shot from Instagram, but it also used it as part of the top headline to the Infringing Article, separate and apart from the way it was displayed on Instagram. 15. Enttech did not direct any commentary or criticism at the Photograph itself; rather it reported on Dolezal (the subject depicted in the Photograph) and her sexual orientation. 16. Enttech Media did not license the Photograph from Plaintiff for its article, nor did Enttech Media have Plaintiff’s permission or consent to publish the Photograph on its Website. 17. Enttech is a for-profit entity. CLAIM FOR RELIEF (COPYRIGHT INFRINGEMENT AGAINST DEFENDANT) (17 U.S.C. §§ 106, 501) 18. Plaintiff incorporates by reference each and every allegation contained in Paragraphs 1-16 above. 19. Enttech Media infringed Plaintiff’s copyright in the Photograph by reproducing and publicly displaying the Photograph on the Website. Enttech Media is not, and has never been, licensed or otherwise authorized to reproduce, publicly display, distribute and/or use the Photograph. 20. 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. 21. 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. Case 1:19-cv-08208-KPF Document 17 Filed 01/10/20 Page 4 of 6 22. 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. 23. Alternatively, Plaintiff is entitled to statutory damages up to $150,000 per work infringed for Defendant’s willful infringement of the Photograph, pursuant to 17 U.S.C. § 504(c). 24. Plaintiff is further is entitled to her attorney’s fees and full costs pursuant to 17 U.S.C. § 505. PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully requests judgment as follows: 1. That Defendant Enttech Media be adjudged to have infringed upon Plaintiff’s copyrights in the Photograph in violation of 17 U.S.C §§ 106 and 501; 2. That Plaintiff be awarded either: a) Plaintiff’s actual damages and Defendant’s profits, gains or advantages of any kind attributable to Defendant’s infringement of Plaintiff’s Photograph; or b) alternatively, statutory damages of up to $150,000 per copyrighted work infringed pursuant to 17 U.S.C. § 504; 3. That Defendant be required to account for all profits, income, receipts, or other benefits derived by Defendant as a result of its unlawful conduct; 4. That Plaintiff be awarded her costs, expenses and attorneys’ fees pursuant to 17 U.S.C. § 505; 5. That Plaintiff be awarded pre-judgment interest; and 6. Such other and further relief as the Court may deem just and proper. 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). Case 1:19-cv-08208-KPF Document 17 Filed 01/10/20 Page 5 of 6 Dated: Valley Stream, New York January 10, 2020 LIEBOWITZ LAW FIRM, PLLC By: /s/Richard Liebowitz Richard P. Liebowitz 11 Sunrise Plaza, Suite 305 Valley Stream, NY 11580 (516) 233-1660 rl@liebowitzlawfirm.com Attorney for Plaintiff Case Document 17 Filed 01/10/20 Page 6 of 6 Case Document 17-1 Filed 01/10/20 Page 1 of 2 EXHIBIT A Case Document 17-1 Filed 01/10/20 Page 2 of 2 Case Document 17-2 Filed 01/10/20 Page 1 of 6 EXHIBIT Case Document 17-2 Filed 01/10/20 Page 2 of 6 Certi?cate of Registration Hill'- 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 identi?ed below. The information on this certi?cate has been made a part of the Copyright Of?ce records. Unitzd States Register of Copyrights and Director Registration Number VA 2-163-244 Effective Date of Registration: July 20, 2019 Copyright Registration for One Work by One Author Registration issued pursuant to 37 CFR ?202.3 Title Title of Work: Completion/Publication Year of Completion: Date of Publication: Nation of 1St Publication: 6.15.19 ?Rachel Dolezal_Polaris 2019 June 15, 2019 United States Author 0 Author: Nkechi Diallo AKA Rachel Dolezal Author Created: Photograph Domiciled in: United States Copyright Claimant Copyright Claimant: Nkechi Diallo AKA Rachel Dolezal 618 36th Ave, Spokane, WA, 99203, United States Certification Name: Richard Liebowitz, Authorized agent of Author/Owner Date: July 20, 2019 Copyright Of?ce notes: Regarding basis for registration: A work may be registered with the Single Application only if the following requirements have been met: 1) The registration covers one work; 2) The work must be created by one individual; 3) All of the material contained within the work must be created by the same individual; 4) The author and the owner of the work must be the same person, Page 1 of 2 if0.313910@u?awASWA{\v As. @wwYIVA AVA :Ia@i@ AA 5" (W9 @659 A ac A (?ac ??awc A A A A A ac rcAVAL A . Ark A Av Aggie? (w wy 2.tics5353 (egg? 9 AA @A?gb A A AJAWOAAVACR m30&9 7:((31 @3 69 @330 VA A AV ?9 (?61 2% ?5 @262 9:3 @u (01 (w 36age ?2296?993% 95% A A AA AAIA AA A AA A 77' vvpgag.DswmuAJAgAaw?gL13 ?an9pm. . 0 Ac. .A @taAAQADA. A A. ADALTO A. A.) vAvs A VMAHAV voA? AHAMW Afzguxw? A toAv n?Atk A AkahaeAvvxvoACJLA man?. A Case Document 17-2 Filed 01/10/20 Page 4 of 6 . Registration Service Request Richard Liebowitz 11 Sunrise Plaza Suite 305 Valley Stream, NY 11580 United States VA0002163244 1-7897868371 1/10/2020 WebVoyage Record View 101/10/20 Page 5 of 6 Case 1:19-cv-08208-KPF Document 17-2 Filed Public Catalog  Copyright Catalog (1978 to present) Search Request: Left Anchored Copyright Number = VA0002163244 Search Results: Displaying 1 of 1 entries 6.15.19 -Rachel Dolezal_Polaris. Type of Work: Visual Material Registration Number / Date: VA0002163244 / 2019-07-20 Application Title: 6.15.19 -Rachel Dolezal_Polaris. Title: 6.15.19 -Rachel Dolezal_Polaris. Description: Electronic file (eService) Copyright Claimant: Nkechi Diallo AKA Rachel Dolezal. Address: 618 E 36th Ave., Spokane, WA, 99203, United States. Date of Creation: 2019 Date of Publication: 2019-06-15 Nation of First Publication: United States Authorship on Application: Nkechi Diallo AKA Rachel Dolezal; Domicile: United States. Authorship: Photograph. Copyright Note: Regarding basis for registration: A work may be registered with the Single Application only if the following requirements have been met: 1) The registration covers one work; 2) The work must be created by one individual; 3) All of the material contained within the work must be created by the same individual; 4) The author and the owner of the work must be the same person, and that person must own all of the rights in the work; 5) The work cannot be a work made for hire. Names: Diallo AKA Rachel Dolezal, Nkechi Save, Print and Email (Help Page) Select Download Format Enter your email address: Help   Search   History   Titles   Start Over https://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?Search_Arg=VA0002163244&Search_Code=REGS&PID=wCPg061QyotPUaFqZrrH9JycBFcD&SEQ=2020011017… 1/2 WebVoyage Record View 101/10/20 Page 6 of 6 Case 1:19-cv-08208-KPF Document 17-2 Filed Contact Us     Request Copies     Get a Search Estimate     Frequently Asked Questions (FAQs) about Copyright     Copyright Office Home Page     Library of Congress Home Page    1/10/2020 https://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?Search_Arg=VA0002163244&Search_Code=REGS&PID=wCPg061QyotPUaFqZrrH9JycBFcD&SEQ=2020011017… 2/2 Case Document 17-3 Filed 01/10/20 Page 1 of 3 EXHIBIT (- No: Secure Case Document 17-3 Filed 01/10/20 Page FASHION ENTERTAINMENT BREAK THE INTERNET CARE PRIDE SHOP SUBSCRIBE Rachel Dolezal Comes Out as Bisexual Jasmine Ting I 16 June ,qa .I?lwl?M? .n 'l .. fiat Mp Mu - - u- .487 .- 34." 1.1; 41 Rachel Dolezal the infamous former head of the Spokane, Washington NAACP branch who self-identi?es as black has now come out as bisexual. On Saturday, Dolezal posted a sel?e on Instagram in honor of Pride Month, with a caption that details what being bi means to her with a message on bi visibility. i} ll (9 Q: (- (D Not Secure Document17_3 Filed 01/10/20 page30f3 {y 1? Q, FASHIONV ENTERTAINMENTV CAREV PRIDE SHOP SUBSCRIBE See Chloe?s other Tweets But as tweeter @sophomorphism points out, there is absolutely nothing wrong with Dolezal coming out as bisexual, but she de?nitely cannot take ownership of the identity of a black woman. . Wooloo Liker @sophomorphism Things Rachel Dolezal can be: - bisexual a clown - verified, apparently Things Rachel Dolezal cannot be: black Rachel Anne Doleial 0 @RacnelADoIezal Just wanted to take a moment to recognize Pride Month I am in absolutely no rush to explore a new relationship. but it still matters to stay visible. I am bisexual. #pride #bisexual ?m min a 7 1 ?Mn 'uve Lqmil m: .m KN MS does sundays 10pm if? 16 1241 PM Jun 16. 2019 0 l" See Wooloo Liker's other Tweets