Case Document 1 Filed 09/03/19 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK POLARIS IMAGES CORPORATION, Plaintiff, Docket No. 1:19?cv?8208 against - JURY TRIAL DEMANDED ENTTECH MEDIA GROUP LLC Defendant. COMPLAINT Plaintiff Polaris Images Corporation (?Polaris? or ?Plaintiff" by and through its undersigned counsel, as and for its 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 former NAACP chapter president Rachel Dolezal. Accordingly, Polaris seeks monetary relief under the Copyright Act of the United States, as amended, 17 U.S.C. 101 etseq. 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. registries-s. that? Venue is preper in this District pursuant to 28 USS: grf?ibf (he: in?rm: by thingy Zita-.33 7 uri'nrsn ?'lA'lf-S diruR?I'wi micron-t. and2-. fail": . - 101428Case Document 1 Filed 09/03/19 Page 2 of 5 PARTIES 5. Polaris Images is an independent professional photography agency that represents content owners around the world. Polaris Images has exclusive distribution relationships with some of its contributors. Polaris Images has principle place of business at 259 30th Street, Suite 803, New York, New York 10001. 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, 11?? Floor, New York, New York 10016. 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. At all times material, hereto, EnttechrMedia has owned and . operated a website at the URL: (the ?Website?). STATEMENT OF FACTS A. Background and Plaintiff?s Ownership of the Photograph 7. Rachel Dolezal who has an exclusive licensing agreement with Polaris Images, owns the copyright to a selfie photograph of Rachel Dolezal (the ?Photograph?). A true and correct copy of the Photograph is attached hereto as Exhibit A. 8. Polaris is Dolezal?s exclusive licensing agent. 9. The Photograph was registered with the United States Copyright Office and was given registration number VA 2?163-244. B. Defendant?s Infringing Activities 10. On or about June 16, 2019, Enttech Media ran an article on the Website titled Rachel Dolezal Comes Out as Bisexual. See URL: ,1 1? f? .1 an LN, \rf?tiirw: ~?721ihf i #7153: 3 - .F mniW??iuw Case Document 1 Filed 09/03/19 Page 3 of 5 The article featured the Photograph. A true and correct copy of the article is attached hereto as Exhibit C. 11. Enttech Media did not license the Photograph ?om Plaintiff for its article, nor did Enttech Media have Plaintiff?s permission or consent to publish the Photograph on its Website. CLAIM FOR RELIEF INFRINGEMENT AGAINST DEFENDANU (17 U.S.C. 106, 501) 12. Plaintiff incorporates by reference each and every allegation contained in Paragraphs 1?11 above. 13. Enttech Media infringed Plaintiff" 5 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, publically display, distribute and/ or use the Photograph. 14_ The acts of Defendant complained of herein constitute infringeinent of Plaintiff 3 copyright and exclusive rights under copyright in Violation of Sections 106 and 501 of the Copyright Act, 17 U.S-C. 106 and 501. 15- Upon information and belief, the foregoing acts of infringement by Defendant have been willful, intentional, and purpose?ll, in disregard of and indifference to Plaintiffs rights. 16. As a direct and proximate cause of the infringement by the Defendant of Plaintiff copyright and exclusive rights under copyright, Plaintiff is entitled to damages and Defendant?s profits pursUant to 17 504(b) for the infringement. 17. 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). .1 sir; -. . I. . \W?rr 53:31:33}: . . I - r-I. 1' . -"r-wmmw-t . .J '1 . I'il?lu' . ?u I ivy-urine ., I- 18. Case Document 1 Filed 09/03/19 Page 4 of 5 Plaintiff further is entitled to its 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 copyrights in the Photograph in violation of 17 U.S.C 106 and 501; That Plaintiff be awarded either: a) Plaintiffs actual damages and Defendant?s pro?ts, gains or advantages of any kind attributable to Defendant?s infringement of Plaintiffs Photograph; or b) alternatively, statutory damages of up to $150,000 per copyrighted work infringed pursuant to 17 U.S.C. 504; That Defendant be required to account for all profits, income, receipts, or other bene?ts derived by Defendant as a result of its unlawful conduct; That Plaintiff be awarded its costs, expenses and attorneys? fees pursuant to 17 U.S.C. 505; That Plaintiff be awarded pre?judgment interest; and 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). Dated: Valley Stream, New York September 3, 2019 Jr: 1 f1, ii g, ?r LIEBOWITZ LAW FIRM, PLLC _7 we :?mBy: [szichardLiebowitz ?2 i i I ?1 7? Richard P. Liebowitz 7 11 Sunrise Plaza, Suite 305 Cmug?tgwna . awn-Imt?'} (We: - - . Case Document 1 Filed 09/03/19 Page 5 of 5 Valley Stream, New York 1 1580 Tel: (516)233~1660 RL@Lieb0witzLawF irm.c:01n Arromeys for Plaintiff Polaris Images Corporation f31r-34xrym?ii'x it 739-, _1 am?. 335vary" . 5? r' 1 E?s-5 -. Case Document l?1 Filed 09/03/19 Page 1 of 2 EXHIBIT . I. n5.? aura-?5.1.1. . ht .. JIM.) Case Document 1?1 Filed 09/03/19 Page 2 of 2 Case Document 1?2 Filed 09/03/19 Page 1 of 2 EXHIBIT ?Hun-n- M4 .9 11. C3 6% . Case Document 1-2 Filed 09/03/19 Page 2 of 2 papurmag. comlraclml- duel zal bixcxuu- ?rmnuoqlm :ml 411441? - Ali 45,4 - j?J?i?r 33-121.: J?u x? a PAPER FASHION ENTERTAINMENT BREAK THE INTERNET GD CARE KNOW YOUR RIGHTS PAPER PEOPLE Rachel Dolezal Comes Out as SUBSCRIBEQ Bisexual Jasmine TingI [Shine