johnson v. steed media group - biggie photos.pdf

JS 44C/SDNY

REV. 7/2012

CIVIL COVER SHEET

The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service ofpleadings orother papers as required by law, except as provided by local rules ofcourt. This form, approved bytheJudicial Conferenceof the United States inSeptember 1974, is required foruse of the Clerkof Courtforthe purposeofinitiating the civildocket sheet.

PLAINTIFFS

Eric Johnsoni/vU ^

ATTORNEYS (FIRM NAME,ADDRESS, AND TELEPHONE NUMBERAlexander Mafbin, Esq. & Edmttnd J. Ferdinand,<lll, Esq.Ferdinand IP, LLC125 Park Avenue, 25th Floor, New York, NY 10017(212) 520-4296

DEFENDANTS

Steed Media Group,15 CV 1356ATTORNEYS (IF KNOWN)

CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OF CAUSE)(DONOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

Direct and secondary copyright infringement in violation of 17 U.S.C. §§ 501 et seq.

Has this or a similar case been previously filed inSDNY at anytime? No [* Yes ^3 Judge Previously Assigned

Ifyes, was this case Vol. I | Invol. Q Dismissed NoQ Yes • Ifyes, dive date & Case No. JS3 -) i mk

IS THIS AN INTERNATIONAL ARBITRATION CASE? No H Yes D

(PLACE AN [x] INONE BOX ONLY) NATURE OF SUIT

TORTS ACTIONS UNDER STATUTES

CONTRACT PERSONAL INJURY PERSONAL INJURY FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

[ ] 110 INSURANCE [ ]310 AIRPLANE [ ] 362 PERSONAL INJURY - [1610 AGRICULTURE [ ] 422 APPEAL [ ]400 STATE

[ ]120 MARINE [ ] 315 AIRPLANE PRODUCT MED MALPRACTICE [ ] 620 OTHER FOOD & 28 USC 158 REAPPORTIONMENT

[ 1130 MILLER ACT LIABILITY [ ] 365 PERSONAL INJURY DRUG [ ] 423 WITHDRAWAL []410 ANTITRUST

[ 1140 NEGOTIABLE [ ] 320 ASSAULT, LIBEL& PRODUCT LIABILITY []625 DRUG RELATED 28 USC 157 []430 BANKS & BANKING

INSTRUMENT SLANDER [ ] 368 ASBESTOS PERSONAL SEIZURE OF [ 1450 COMMERCE

[]150 RECOVERY OF [ ] 330 FEDERAL INJURY PRODUCT PROPERTY [ ]460 DEPORTATION

OVERPAYMENT & EMPLOYERS' LIABILITY 21 USC 881 PROPERTY RIGHTS []470 RACKETEER INFLU

ENFORCEMENT LIABILITY [ ] 630 LIQUOR LAWS ENCED & CORRUPT

OF JUDGMENT [ ] 340 MARINE PERSONAL PROPERTY [ ] 640 RR & TRUCK ftJ820 COPYRIGHTS ORGANIZATION ACT

[ ]151 MEDICARE ACT [ ) 345 MARINE PRODUCT [ ]650 AIRLINE REGS [ ] 830 PATENT (RICO)[1152 RECOVERY OF LIABILITY [ ] 370 OTHER FRAUD [ ]660 OCCUPATIONAL [ ] 840 TRADEMARK []480 CONSUMER CREDIT

DEFAULTED [ ] 350 MOTOR VEHICLE [ ] 371 TRUTH IN LENDING SAFETY/HEALTH [ ]490 CABLE/SATELLITE TV

STUDENT LOANS [ ]355 MOTOR VEHICLE [ ] 380 OTHER PERSONAL [ ]690 OTHER 11810 SELECTIVE SERVICE

(EXCL VETERANS) PRODUCT LIABILITY PROPERTY DAMAGE SOCIAL SECURITY [ ]850 SECURITIES/

[]153 RECOVERY OF [ ] 360 OTHER PERSONAL [ ] 385 PROPERTY DAMAGE COMMODITIES/

OVERPAYMENT INJURY PRODUCT LIABILITY LABOR [ ]861 HIA(1395ff) EXCHANGE

OF VETERAN'S [ ] 862 BLACK LUNG (923) []875 CUSTOMER

BENEFITS []710 FAIR LABOR [ ] 863 DIWC/DIWW (405(g)) CHALLENGE

[]160 STOCKHOLDERS STANDARDS ACT [ ] 864 SSID TITLE XVI 12 USC 3410

SUITS []720 LABOR/MGMT [ ] 865 RSI (405(g)) [ I 890 OTHER STATUTORY

[J 190 OTHER PRISONER PETITIONS RELATIONS ACTIONS

CONTRACT [ ]730 LABOR/MGMT []891 AGRICULTURAL ACTS

[ ]195 CONTRACT [ ]510 MOTIONS TO REPORTING & FEDERAL TAX SUITS [ 1892 ECONOMIC

PRODUCT ACTIONS UNDER STATUTES VACATE SENTENCE DISCLOSURE ACT STABILIZATION ACT

LIABILITY 20 USC 2255 []740 RAILWAY LABOR ACT [ ]870 TAXES (U.S. Plaintiff or [ ]893 ENVIRONMENTAL

[]196 FRANCHISE CIVIL RIGHTS [ ] 530 HABEAS CORPUS []790 OTHER LABOR Defendant) MATTERS

[ ] 535 DEATH PENALTY LITIGATION [ ] 871 IRS-THIRD PARTY []894 ENERGY

[ ] 441 VOTING [ ] 540 MANDAMUS& OTHER [)791 EMPL RET INC 26 USC 7609 ALLOCATION ACT

[ ] 442 EMPLOYMENT SECURITY ACT [ ]895 FREEDOM OF

REAL PROPERTY [ ] 443 HOUSING/ INFORMATION ACT

ACCOMMODATIONS IMMIGRATION [ ]900 APPEAL OF FEE

[ 1210 LAND [ ] 444 WELFARE PRISONER CIVIL RIGHTS DETERMINATION

CONDEMNATION [ ] 445 AMERICANS WITH []462 NATURALIZATION UNDER EQUAL

[ ]220 FORECLOSURE DISABILITIES - [ ] 550 CIVIL RIGHTS APPLICATION ACCESS TO JUSTICE

[ ]230 RENT LEASE &

EJECTMENT

EMPLOYMENT

[ ] 446 AMERICANS WITH[ ] 555 PRISON CONDITION []463 HABEAS CORPUS-

ALIEN DETAINEE

[ )950 CONSTITUTIONALITY

OF STATE STATUTES

[ ]240 TORTS TO LAND DISABILITIES -OTHER []465 OTHER IMMIGRATION

[]245 TORT PRODUCT

LIABILITY

[ ] 440 OTHER CIVIL RIGHTS(Non-Prisoner)

ACTIONS

[ ]290 ALL OTHER

REAL PROPERTY

Check if demanded in complaint:

CHECK IF THIS IS A CLASS ACTIONUNDER F.R.C.P. 23

DEMAND $_ OTHER

Check YES only if demanded in complaintJURY DEMAND: H YES • NO

DO YOU CLAIM THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.?

IF SO, STATE:

JUDGE DOCKET NUMBER

NOTE: Please submit at the time of filing an explanation of why cases are deemed related.

(PLACE AN x IN ONE BOX ONLY)

M 1 Original fj 2 Removed fromProceeding state Court

I | 3. all parties represented

I | b. At leastoneparty is pro se.

ORIGIN

Q 3 Remanded D 4 Reinstated or O 5 Transferred from • 6 Multidistrict(Specify District) Litigation

from

AppellateCourt

Reopened

• 7 Appeal toDistrictJudge fromMagistrate JudgeJudgment

(PLACE AN x IN ONE BOX ONLY) BASIS OF JURISDICTION• 1US PLAINTIFF D2 U.S. DEFENDANT M 3 FEDERAL QUESTION Q4 DIVERSITY

(U.S. NOT A PARTY)

IF DIVERSITY, INDICATECITIZENSHIP BELOW.

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)

(Placean [X] inone boxfor Plaintiff and one boxforDefendant)

PTF DEF

CITIZEN OF THIS STATE [ ] 1 [ ] 1

CITIZEN OF ANOTHER STATE [ ] 2 [ ] 2

CITIZEN OR SUBJECT OF A

FOREIGN COUNTRY

PTF DEF

[]3 [ ]3

PTF DEF

INCORPORATED and PRINCIPAL PLACE [ ] 5 [ ] 5OF BUSINESS IN ANOTHER STATE

INCORPORATED or PRINCIPAL PLACE [ ] 4 [ ] 4OF BUSINESS IN THIS STATE

PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)

Eric Johnson

472 Ninth Avenue, #3New York, NY 10018New York County, New York

DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)

Steed Media Group, Inc.770 English Avenue NWAtlanta, GA 30318Fulton County, Georgia

FOREIGN NATION [16 []6

DEFENDANT(S)ADDRESS UNKNOWNREPRESENTATION IS HEREBYMADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAINTHE

RESIDENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

Checkone: THIS ACTION SHOULD BE ASSIGNED TO: • WHITE PLAINS M MANHATTAN(DO NOT check either box ifthis a PRISONER PETITION/PRISONER CIVIL RIGHTS COMPLAINT.)

DATE 02/24/2015 SIGNATURE OF ATTORNEYJOF RECORD

RECEIPT*

ADMITTED TO PRACTICE IN THIS DISTRICT

[] NOM YES (DATE ADMITTED Mo.Attorney Bar Code # AM9385

01 Yr.J013_,

Magistrate Judge is tobe designated by the Clerk of the Court. yi« 5 ^"j*

Magistrate Judge is so Designated.

Ruby J. Krajick, Clerk of Court by Deputy Clerk, DATED.

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

EdmundJ. Ferdinand, III, Esq. (EF9885)Alexander R. Malbin, Esq. (AM9385)FERDINAND IP, LLC125 Park Avenue, 25th FloorNew York, NY 10017(212) 520-4296

Attorney for PlaintiffERIC JOHNSON

15 CV 1356

UNITED STATES DISTRICT COURT fl**** cftFOR THE SOUTHERN DISTRICT OF NEW YORK JUL'̂ ~

ERIC JOHNSON,

Plaintiff,

- against -

STEED MEDIA GROUP, INC.,

Defendant.

Civil Action No.

COMPLAINT

JURY TRIAL DEMANDED

COMPLAINT

Mr. Eric Johnson (hereinafter "Plaintiff), by and through his undersigned counsel, for

his Complaint against Steed Media Group ("Defendant"), states and alleges as follows:

THE PARTIES

1. PlaintiffEric Johnson isa citizen of the State ofNew York, County ofNew York,

with his principal place ofbusiness at 472 9th Avenue, Apt. #3, New York, New York, 10018

2. Upon information and belief, Defendant Steed Media Group ("Defendant") is a

Georgia corporation with its principal place of business in Atlanta, Georgia and with offices in

New York,New York and around the United States.

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JURISDICTION AND VENUE

3. This is an action for copyright infringement arising under the Copyright Act of

1976,as amended, 17 U.S.C. § 101 et seq. (the "Copyright Act"). This action arises from

Defendant's unauthorized and unlawful reproduction, distribution, and public display of certain

copyrighted photographs owned by Plaintiff, and causing, inducing, and/or materially

contributing to further unauthorized and unlawful use of such photographs, in willful

infringementof Plaintiff s U.S. Copyright Registrations, Registration Nos. VA 1-910-544 and

VA 1-929-530.x

4. This Court has subject matter jurisdiction pursuant to 17 U.S.C. § 501 and 28

U.S.C. §§1331 and 1338(a).

5. This Court has personal jurisdiction over Defendant because Defendant engages

in continuous and systematic business activities in the State of New York and/or has purposely

directed substantial activities at the residents ofNew York by means of the web site described

herein and derives substantial revenue from interstate commerce. This Court also has personal

jurisdiction over Defendants pursuant to the long-arm statute of New York because the causes of

action alleged herein arise from transactions of business carried out by Defendants in this State

and/or from transactions of business to supply goods or services in this State carried out by

Defendants and/or from tortious acts causing injury to person and/or property within this State.

C.P.L.R. § 302; see Penguin Group (USA) Inc. v. Am. Buddha, 16 N.Y.3d 295 (2011).

6. Venue is proper under 28 U.S.C. § 1391(a)(2) because Defendant does business in

this Judicial District and/or because a substantial part of the events giving rise to the causes of

Copies of the Certificates of Registration are attached hereto at Exhibit 1.

actionallegedherein occurred in this Judicial District, and the injury sufferedby Plaintiff took

place in this Judicial District.

FACTUAL ALLEGATIONS

A. PLAINTIFF AND HIS ORIGINAL CREATION AND USE OF HIS

COPYRIGHTED PHOTOGRAPHS OF AALIYAH AND THE NOTORIOUS B.I.G. &

FAITH EVANS

7. Plaintiff, Eric Johnson, is a successful, award-winning professional photographer

and artist. He is a citizen of the State ofNew York and resides in the Borough of Manhattan.

8. One focus of Plaintiff s work is photographic portraiture. Plaintiff has been

producing iconic photographic portraits of a wide, diverse group of musicians, artists, and

celebrities for over twenty-five years. His photographs have been published in countless books,

magazines, newspapers and periodicals, used as cover artwork for music albums, and shown in

gallery shows. Many of his more well-known portraits have become truly etched into the public

consciousness.

9. Plaintiff is the legal and beneficial owner of a vast number of his original

photographs, certain of which he licenses and/or sells, and many of which he has not licensed or

sold and instead maintains in his private personal archive. Plaintiff has invested significant time,

money, resources and manpower over his distinguished and longstanding career in building and

maintaining his personal photograph archive.

10. In July 1995, Plaintiff shot a series of photographs of the rapper and recording

artist The Notorious B.I.G. and his wife, recording artist Faith Evans (the "BIG/Evans

Photographs").2

2The certificate of copyright registration covering the BIG/Evans Photographs (U.S. Reg. No. VA 1-929-530),

which identifies Plaintiff as author and copyright claimant, is attached hereto at Exhibit 1.

11. In June 2001, Plaintiff shot a series of photographic portraits of the R&B

recording artist and actress Aaliyah (the "Aaliyah Photographs").3

12. Certain of Plaintiff s BIG/Evans Photographs and Aaliyah Photographs have

come to define the enduring images of the late recording artists The Notorious B.I.G. and

Aaliyah among the public and their devoted fans.

B. THE DEFENDANT AND ITS BUSINESS OPERATIONS

13. Upon information and belief, Defendant, Steed Media Group, Inc., is a print and

new media publishing company which claims to distribute the nation's largest chain ofAfrican-

American newspapers. Upon information and belief, Defendant publishes a print edition of its

publication, titled "Rolling Out," and distributes 1.2 million copies thereof each week in 19 of

the top 25 African-American markets. Upon information and belief, over 90,000 copies of

Defendant's "Rolling Out" print publication are distributed in New York City each week.

14. Upon information and belief, at all times relevant to this dispute, Defendant has

owned and/or operated the web site www.rollingout.com (the "Website").

15. Upon information and belief, the Website is Defendant's successful online

publishing outlet, which entertains over 150,000 unique visitors each month with, inter alia,

celebrity, music, lifestyle, and gossip articles.

16. Upon information and belief, Defendant is the registered owner and operator of

the Website and is responsible for all of the content that appears thereon.

17. Upon information and belief, Defendant takes an active role in selecting content

to appear on the Website by, inter alia, selecting, copying, posting, and publicly displaying

photographic images thereon, and employing moderators and administrators ("Employees") who,

3The certificate of copyright registration covering the Aaliyah Photographs (U.S. Reg. No. VA 1-910-554), which

identifies Plaintiff as author and copyright claimant, is attached hereto at Exhibit 1.

within the scope of their employment, select and control the content (including photographic

images) displayed on the Website.

18. Upon information and belief, the Website is monetized in that it displays paid

advertisements and markets the goods and services of Defendant to the public, including to

persons located in the State of New York. Uponinformation andbelief, Defendant profits from

its operation of the Website.

19. Upon information and belief, Defendant provides technological means on the

Website by which third parties who access the Website can reproduce and/or distribute content

thereon, including photographic images.

C. DEFENDANT'S INFRINGEMENTS OF PLAINTIFF'S PHOTOGRAPHS

20. Without valid license or permission or authorization from Plaintiff, Defendant has

willfully infringed and contributed to further infringements of Plaintiffs copyrights in and to at

least one of the BIG/Evans Photographs and at least five of the Aaliyah Photographs by

reproducing, distributing, publicly displaying, and making available for further reproduction,

distribution and public display, such photographs on the Website. Attached hereto at Exhibit 2

are true and correct copies of printouts of web pages on the Website showing Defendant's

infringing uses of one of the BIG/Evans Photographs and five of the Aaliyah Photographs, and,

at Exhibit 3, reproductions of Plaintiff s infringed photographs. Each of the printouts of the

Website attached at Exhibit 2 shows an exact copy of one of Plaintiff s original BIG/Evans

Photographs or Aaliyah Photographs attached at Exhibit 3.

21. Specifically (as evidenced by the dates identified in the Website printouts

attached hereto at Exhibit 2), Defendant commenced seven separate and distinct infringing uses

of one of the BIG/Evans Photographs on or about September 5, 2012, October 8, 2012, October

29, 2012, October 31,2012, January 18,2013, November 27,2013, and October 18, 2014, and

Defendant commenced five separate and distinct infringing uses of five of the Aaliyah

Photographs on or about April 27, 2012, January 16, 2013, May 23, 2014, May 26, 2014, and

June 23, 2014.

22. Upon information and belief, the infringing copies of Plaintiff s photographs

displayed on the Website were posted thereon by Defendant and/or Defendant's Employees

acting within the scope of their employment with Defendant. None of the infringing copies of

the BIG/Evans Photographs or the Aaliyah Photographs were posted on the Website at the

direction of a "user" as defined under 17 U.S.C. § 512.

23. Upon information and belief, Defendant purposely posted certain of the

BIG/Evans Photographs and Aaliyah Photographs on the Website with knowledge of their

renown among the public and the devoted fans of The Notorious B.I.G. and Aaliyah, with the

intention of attracting web visitor traffic to the Website by their visibility thereon, thereby

increasing advertising revenues and sales of its goods and services.

24. Upon information and belief, Defendant has driven significant traffic to the

Website by the presence of Plaintiff s photographs thereon. The increased traffic to the Website

has led to the generation of substantial revenues for Defendant directly attributable to its

infringements of Plaintiff s copyrights.

25. Upon information and belief, Defendant is a recidivist copyright infringer, having

been sued for copyright infringement on the basis of unauthorized use of photographs on the

Website at least four times since 2012.

26. Plaintiff, through undersigned counsel, has sought to resolve Defendant's

infringements by making numerous cease-and-desist demands to Defendant (and/or its counsel

of record in its two current litigation defenses) over many months, beginning in June 2014.

However, neither Defendant nor its counsel has responded to any of our communications in any

manner, and the infringing copies of Plaintiff s photographs remain publicly displayed and

available for further reproduction and distribution on the Website to this day. Furthermore,

Defendant commenced no fewer than two of its infringing uses of Plaintiff s photographs

subsequent to being put on notice of its infringements by undersigned counsel, in brazen

disregard for Plaintiffs rights and copyright interests. Accordingly, Plaintiff requires this

Court's intervention to put a stop to Defendant's continued willful infringements of his

copyrights and vindicate his legal rights under the Copyright Act.

27. Plaintiff has complied in all respects with Title 17 of the United States Code,

secured the exclusive rights and privileges to the BIG/Evans Photographs and the Aaliyah

Photographs, and obtained the appropriate certificates of copyright registration, U.S. Copyright

Reg. Nos. VA 1-910-544 and VA 1-929-530 (attached hereto at Exhibit 1).

28. Upon information and belief, Defendant has engaged in the infringing acts

forming the basis of this Complaint knowingly of, and with reckless disregard for, Plaintiffs

rights in the Photographs, and were aware and/or should have been aware that its infringing

activities constitute infringements under the Copyright Laws of the United States.

29. Upon information and belief, Defendant has engaged in its illicit reproduction,

distribution and public display of Plaintiffs photographs infringing activities for the purpose of

profiting therefrom.

30. Upon information and belief, at all times material hereto, Defendant has had the

means and ability to stop the reproduction, distribution, and public display of Plaintiff s

copyrighted photographs, on the Website and, despite being repeatedly put on notice of the

infringing nature ofthe copies ofPlaintiffs photographs displayed on the Website, has failed to

do so.

31. As a result of Defendant's willful misconduct described herein, Plaintiff has been

substantially harmed.

32. Plaintiffhas no adequate remedy at law. Defendants' infringing acts as described

above have caused and, if not enjoined, will continue to cause irreparable harmto Plaintiff.

FIRST COUNT

(Direct Copyright Infringement)

33. Plaintiffrepeats and reincorporates the allegations contained in the preceding

paragraphs as though set forth in full herein.

34. At all times herein, Plaintiff has been and is still the owner, and proprietor of all

right, title and interest in and to the BIG/Evans Photographs and the Aaliyah Photographs. The

BIG/Evans Photographs and the Aaliyah Photographs are original, creative works of Plaintiff s

authorship and constitutecopyrightable subjectmatter under the CopyrightAct.

35. Plaintiff has complied in all respects with the Copyright Act's prerequisites for a

copyright infringement action, including obtaining certificates of copyright registration from the

Copyright Office coveringeach of the infringedphotographs (attachedhereto at Exhibit 1).

36. Defendant has not obtained valid license, authorization or permission to use any

of the BIG/Evans Photographs or the Aaliyah Photographs in any manner, and Plaintiff has not

assigned any of his exclusive rights in his copyrights in the BIG/EvansPhotographs or the

Aaliyah Photographs to Defendant.

37. Without permission or authorization from Plaintiff and in willful violation ofhis

rightsunder 17 U.S.C § 106,Defendantimproperly and illegallycopied, reproduced, distributed,

and publicly displayed certain of Plaintiffs copyright-protected BIG/Evans Photographs and

Aaliyah Photographs on the Website.

38. Defendant's use of the BIG/Evans Photographs and the Aaliyah Photographs on

the Website as set forth in this Complaint violates Plaintiffs exclusive rights under the

CopyrightAct and constitute willful infringement of Plaintiff s copyrights.

39. Upon information and belief, thousands ofpeople throughout the United States

have viewed the infringing copies of the BIG/Evans Photographs and the Aaliyah Photographs

on the Website.

40. Upon information and belief, Defendant has knowledge of the copyright

infringements alleged herein, and has knowingly and willfully carried out its infringing activities,

continue to do so to this day despite being repeatedly put on notice of its infringements, and will

continue to do so unless enjoined by this Court.

41. As a direct and proximate result of Defendant's misconduct, Plaintiff has been

substantially harmed in an amount to be proven at trial.

SECOND COUNT

(Inducement ofCopyright Infringement)

42. Plaintiff repeats and reincorporates the allegations contained in the preceding

paragraphs as though set forth in full herein.

43. Individuals using the Website that Defendant owns, operates, distributes, and

promotes, have been provided with technological means to directly infringe and are directly

infringing Plaintiffs copyrights in the BIG/Evans Photographs and the Aaliyah Photographs by

creating and distributing unauthorized reproductions thereof on social media providers including

Facebook, Twitter, and Tumblr.

44. Defendant's infringing activities have been willful, intentional, purposeful, and in

complete disregard ofPlaintiffsrights, and has caused substantial damage to Plaintiff.

45. As adirect and proximate result of Defendant's infringing activities, Plaintiffhas

been substantially harmed in an amount to be proven at trial.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests judgment asfollows:

1. That the Court enter ajudgment finding that Defendant has directly infringed and

induced others to infringe Plaintiffs U.S. Copyright Reg. Nos. VA 1-910-544 and VA 1-929-

530 in violation of17 U.S.C. §501 et seq. and award damages and monetary and injunctive

relief as follows:

a. Statutory damages pursuant to 17 U.S.C. §504(c) in the amount of$150,000 per

infringed work or, in the alternative, Plaintiffs actual damages and disgorgement

ofDefendant's wrongful profits inamounts tobeproven at trial;

b. Apermanent injunction pursuant to 17 U.S.C. §502 enjoining Defendant from

directly or indirectly infringing Plaintiffs U.S. Copyright Reg. Nos. VA 1-910-

544 and VA 1-929-530; and,

c. Plaintiffs attorneys' fees and costs pursuant to 17 U.S.C. §505; and,

2. Such other andfurther reliefthat the Court determines is just andproper.

JURY DEMAND

Plaintiffdemands a trial by jury on all counts so triable.

10

Dated: February 24, 2015 Respectfully submitted,

Alexander Malbin, Esq. (AM 9385)Edmund J. Ferdinand, III, Esq. (EF 9885)FERDINAND IP, LLC125 ParkAvenue, 25th FloorNew York, NY 10017Telephone: (212) 520-4296Fax: (203) 905-6747Email: [email protected]

Attorney for PlaintiffERIC JOHNSON

11

EXHIBIT 1

Certificate of Registration

Th!> Certificate is-nuvJ umici she sea!of (he CopvnvihtOrticc in accorJana: with Mil '~ ! 'rrtctiM-ilc< Cede.attests thai reuistration ha:- r>«-n made !ov 'he workwkrHiii-rd below. ! hi.- iishinn.'lion on this cenitkate hashtvii 'Tusdc a pan .-.; 'ik Coryi^'nf uvii.Y u^onis.

TitleTitle of Work: Aaliyah photograph collection

Completion/Publication ——

Registration Number

VA 1-910-544Effective date of

registration:

December 9,2013

Year of Completion: 2001

Date of 1st Publication: June 7,2001 Nation of 1st Publication: United States

AuthorAuthor: Eric Johnson

Author Created: photograph(s)

Citizen of: United States

Copyright claimantCopyright Claimant: Eric Johnson

472 Ninth Avenue, Apt. #3,New York, NY, 10018, United States

Rights and PermissionsName: Alex Malbin

Email: alexigeric-johnson.com

Certification

Name: Alexander Malbin

Date: December 9, 2013

Correspondence: Yes

Page 1 of 1

^ertiicate.;rf:feistf^ioii^

•^l£S<^.Ml. Eertifate issuedwilte^SealoftheC^Jvrlgfet

,«e toaccordance with; title t% United SMes Code,

.(identified tebm.The: mfcmwtion osthis«rtlorte has:fe«B>j«fca p*rtofthe Copff%lstOffice scoirds,

Register ofCopyrights, United States ofAmerica

Registration Number

mi-929-530Elfecttvedateof

«gistratioa;

October!, 2014

Title ——: : ! • ——TitleofWork: The Notorious BAG. and Faith Evans ptotograph collection

Completion/Publication

Airtrior

YearofCoBJptetton: 1995

Dttt* of IstPuWMtton: July25,199$

'.:•'• Author! ;; Eric Johnson'"

Author Created: photog

Work made for hire! No

Citizen oft United States

Nation of istFubMcatioii: United States

Copyright claimantCopyright Claimant: EricJohnson

472Ninth Avenue, NewYork, NY, 10018, Uflited States

Certification

'Namel'i•: Alex.Malbin \;

:':-JJ«fRv: October2,2014;

Page 1 of 1

EXHIBIT 2

Faith reveals whatshe didn't know about Biggie and Lil Kim - Rolling Out

THE E^afs

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MUSIC(HTTP://ROLUNGOUT.COM/CATEGORY/MUSIC/)

Faith reveals what she didn'tknow about Biggie and Lil Kim©OCT 18,201411:32 AMBY STEREO WILLIAMS (http://R0LLING0UT.COM/AUTH0R/STERE0-WILLIAMS/)

f

SHARE

*

TWEET

© PIN

(http://rollingout.com/wp-content/uploads/2014/10/notorious-big-

and-faith-evans.png)

Faith Evans and the Notorious B.I.G.were a high-profile couple in

hip-hopcircles during the mid-1990s. Thebrief-but-tumultuousmarriage hasbeenthe subject ofendless rumors andspeculation, butFaith recently spoke aboutone major roadblock to her "happily everafter" withBiggie: Lil Kim. B.I.G. and Kim hada well-documentedbond and Kim was one of several women that Biggie kept romantic

ties withduringhis marriage to Faith.Butdespite the high publicity

http://rollingout.com/music/faith-reveals-didnt-know-biggie-lil-kim/

1/21/15, 9:04 PM

EntirelyPets.com "* Z<1-800-889-8967

FEATURED NOW

TLC launches Kickstarter campaign for final

album, raise surprising amount

(http://rollingout.com/music/tlc-launches-

kickstarter-campaign-final-album-raise-

surprising-amount/)

Highlights of President Barack Obama's State

of the Union address

(http://rollingout.com/politics/highlights-

president-barack-obama-state-union-

address/)

Delta Sigma Theta kicks out all Deltas on

'Sorority Sisters'

(http://rollingout.com/entertainment/delta-

sigma-theta-kicks-deltas-sorority-sisters/)

Page 1 of 7

1/23/2015 Aaliyah biopic to reveal her alleged affair with R. Kelly

ENTERTAINMENT (HTTP://ROLLINGOUT.COM/CATEGORY/ENTERTAINMENT/)%^/y/?7rie*w//ysjwww//'>t^'WMM*t^y'^^

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Aaliyah biopic to reveal her allegedaffair with R. KellyOJUN 23,2014 7:21 AMBY A.R. SHAW (HnP://R0LUNG0UT.C0M/AUTH0R/AMIR-SHAW-2-2/)

http://rollingout.com/entertainment/aaliyah-biopic-reveal-alleged-affair-r-kelly/ 1/18

1/23/2015Aaliyah biopic to reveal her alleged affair with R. Kelly

(http://rollingout.com/wp-content/iip1oads/2014/01/aalivahl.ipg)

An upcoming biopic with Aaliyah will delve into her alleged affair with R. Kelly. According toa report by the New York Post, the film will reveal details of their relationship.

http://rollingout.com/entertainment/aaliyah-biopic-reveal-alleged-affair-r-kelly/ 2/18

2/5/2015Celebrities rumored toplay Aaliyah inVH1 biopic - Rolling Out

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Hit the flip for celebrities rumored to play Aaliyah intheir upcoming biopic. Who would you

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Aaliyah movies Archives - Rolling Out1/21/15, 9:13 PM

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Manila Luzon talks life after boyfriend Sahara Davenport's death - Rolling Out

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Faith Evans

R&B star Faith Evans lost her husband, hip-hop legend The

Notorious B.I.G., in 1997,during a drive-by shooting.

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Kendrick Lamar Reveals Crushon Brandy, Debuts High onBillboard Charts©OCT 31,2012 7:27 AMBY NICHOLAS ROBINSON (HnP:||ROLLINGOUT.COM/AUTHOR|NICHOLAS-ROBINSON/)

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The Notorious B.I.G. and Every R&B Diva

Inthe '90s, Biggie Smalls created a song, "Dreams," about his love forR&B divas, including Patti LaBelle, Mariah Carey, Mary J. Blige andTLC, and he eventually married R&B divaFaithEvans.

Pages: 1(http://rollingout.com/musicAendrick-lamar-reveals-crush-on-brandy-debuts-high-on-billboard-charts/)2(http://rollingout.com/music/kendrick-lamar-reveals-crush-on-brandy-debuts-high-on-billboard-charts/2/)3

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Chris Lighty's Wife Opens Up About His Suicide

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Faith Evans

R&B star Faith Evans lost her husband, hip-hop legend The

Notorious B.I.G., in 1997, during a drive-by shooting.

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EXHIBIT 3

johnson v. steed media group - biggie photos.pdf

Documents

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