Djerrahian v. Source.pdf

8/11/2019 Djerrahian v. Source.pdf

1/26

\

JS

44C/SDNY

REV. 4/2014

^GEPMm

CIVIL COVER SHEET

OCT

1 02 14

The

JS-44 civil cover

sheet

and

the

information contained herein neither replace nor

si

pleadings

or other papers as

required

by law, except as

provided **pcal

ns of

cow

Judicial Conference of the United States

in

September

1974,

is

reaped f|se of

the^fe

initiating the

civil

docket sheet.

the filingand

|rm, approved^

;ourtfor th e pi

PLAINTIFFS

ARMEN DJERRAHIAN

DEFENDANTS

THE SOURCE.COM, LLC andTHE NORTHSTAR GROUP d/b/a THE

SOURCE

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE

NUMBER

Edward C.

Greenberg, LLC, 570

Lexington

Avenue, 19th

Floor, New York,

NY

10022,212-697-8777

ATTORNEYS (IF KNOWN)

CAUSE

OF

ACTION CITE THE U.S. CIVIL STATUTE

UNDER WHICH

YOU ARE

FILING

AND

WRITE

ABRIEF STATEMENT OF CAUSE}

(DO

NOT

CITE JURISDICTIONAL

STATUTES UNLESS

DIVERSITY)

17 U.S.C.501-505 (Copyright Infringement)

Has this

action case,

or

proceeding

or one

essentially

the

same

been

previously

filed in SDNY at

any

time? NcHresOludge Previously

Assigned

If yes,

was this

case Vol.

ninvol. Dismissed.

No

Yes

If yes, give date

& Case No .

ISTHISANINTERNATIONAL ARBITRATIONCASE?

PLACE

N[x]IN ONEBOX ONL Y

TORTS

No E Yes

NATURE OF

SUIT

ACTIONS UNDERSTATUTES

[ 1110

I ]120

11130

[1140

[1150

[ 1151

I 1152

[

1153

[ 1160

I 1190

[

1195

[ 1196

PERSONAL INJURY

[ ] 3 10 AIRPLANE

[ ] 315

AIRPLANE

PRODUCT

LIABILITY

[ ] 3 20

ASSAULT,

LIBEL &

SLANDER

[ ] 330 FEDERAL

EMPLOYERS'

LIABILITY

[ ]340 MARINE

[ ] 3 45

MARINE PRODUCT

LIABILITY

[ ]350 MOTOR

VEHICLE

[ ]355 MOTOR

VEHICLE

PRODUCT LIABILITY

[ ] 360 OTHERPERSONAL

INJURY

I ] 362 PERSONALINJURY-

MED MALPRACTICE

PERSONAL

INJURY FORFEITURE/PENALTY

[ ] 3 67 HEALTHCARE/

PHARMACEUTICAL PERSONAL

j j

625 DRUG RELATED

INJURY/PRODUCT

LIABILITY SEKURE

0F

PROPERTY

[ ] 3 65 PERSONAL INJURY 21 USC881

PRODUCT LIABILITY

. . 6 g0

0THER

[ ]368 ASBESTOS

PERSONAL

l

INJURY

PRODUCT

LIABILITY

PERSONAL PROPERTY

[ ] 370 OTHERFRAUD

[ ] 371 TRUTH INLENDING

INSURANCE

MARINE

MILLERACT

NEGOTIABLE

INSTRUMENT

RECOVERY

OF

OVERPAYMENT &

ENFORCEMENT

OF

JUDGMENT

MEDICARE ACT

RECOVERY OF

DEFAULTED

STUDENT LOANS

(EXCLVETERANS)

RECOVERY OF

OVERPAYMENT

OF

VETERAN'S

BENEFITS

STOCKHOLDERS

SUITS

OTHER

CONTRACT

CONTRACT

PRODUCT

LIABILITY

FRANCHISE

[ ] 380 OTHER PERSONAL

PROPERTY

DAMAGE

[ ] 385 PROPERTYDAMAGE

PRODUCT

LIABILITY

PRISONER PETITIONS

[ ] 463

ALIEN DETAINEE

[ ] 510 MOTIONSTO

VACATE

SENTENCE

2 8 USC 2255

[ ] 5 30

HABEAS

CORPUS

[ ] 535 DEATH PENALTY

[ ] 5 40 MANDAMUS &OTHER

ACTIONSUNDER STATUTES

CIVILRIGHTS

[ ]440 OTHERCIVIL RIGHTS

(Non-Prisoner)

[ ]441 VOTING

[ ] 442 EMPLOYMENT

[ ] 443 HOUSING/

ACCOMMODATIONS

[ ] 445 AMERICANS

WITH

DISABILITIES -

EMPLOYMENT

[ ] 446 AMERICANS WITH

DISABILITIES -OTHER

[ ] 4 48 EDUCATION

BANKRUPTCY

[ ] 422 APPEAL

28

USC 158

[ ] 423 WITHDRAWAL

2 8 USC 1 57

PROPERTYRIGHTS

M 820 COPYRIGHTS

[ ]830 PATENT

[ ] 840 TRADEMARK

SOCIALSECURITY

[ ]861 HIA(1395ff)

[ J862 BLACK LUNG (923)

[ ] 863 DIWC/DIWW (405(g))

[ ]864 SSIDTITLE

XVI

[ 1865 RSI (405(g))

FEDERALTAX SUITS

[ ] 870 TAXES (U.S. Plaintiff or

Defendant)

[ ] 8 71 IRS-THIRD PARTY

2 6 USC 7609

REAL PROPERTY

LABOR

[ ]710 FAIRLABOR

STANDARDS ACT

[ ] 7 20

LABOR/MGMT

RELATIONS

[ ] 7 40 RAILWAY LABOR ACT

[ ] 751 FAMILY MEDICAL

LEAVEACT (FMLA)

[ ] 790 OTHER LABOR

LITIGATION

[ ]791 EMPL RET INC

SECURITY ACT

IMMIGRATION

[ ] 462 NATURALIZATION

APPLICATION

[ ]465 OTHER IMMIGRATION

ACTIONS

[1210

[ ]220

[ )230

N240

I I 2 45

[ ]290

LAND

CONDEMNATION

FORECLOSURE

RENT LEASE &

EJECTMENT

TORTS

TO

LAND

TORT PRODUCT

LIABILITY

ALL OTHER

REAL

PROPERTY

Checkifdemanded in complaint:

CHECK IFTHIS ISACLASS

ACTION

UNDER F.R.C.P . 23

PRISONER CIVIL RIGHTS

[ ] 550 CIVILRIGHTS

[ ]555 PRISON

CONDITION

I ] 560 CIVILDETAINEE

CONDITIONS OF CONFINEMENT

OTHERSTATUTES

[ ] 375 FALSE CLAIMS

t j

400

STATE

REAPPORTIONMENT

[ ] 4 10 ANTITRUST

[ ] 430 BANKS &

BANKING

[ ]450

COMMERCE

[ ] 460 DEPORTATION

[ ] 470 RACKETEER

INFLU

ENCED &

CORRUPT

ORGANIZATION ACT

(RICO)

[ ]480

CONSUMER CREDIT

[ ]490 CABLE/SATELLITE T

[ ] 850 SECURITIES/

COMMODITIES/

EXCHANGE

[ ]890OTHERSTATUTORY

ACTIONS

[ ] 891 AGRICULTURAL ACT

[ ] 8 93 ENVIRONMENTAL

MATTERS

[ ]895 FREEDOM OF

INFORMATION ACT

[ ] 896 ARBITRATION

[ ] 899 ADMINISTRATIVE

PROCEDURE

ACT/REVIE

APPEAL

OF

AGENCY DEC

[ ] 950 CONSTITUTIONALI

STATE STATUTES

MTHISCASE IS RELATED TOA CIVIL CASE NOWPENDING IN S.D.N.Y.?

DOCKET NUMBER

JUDGE

DEMAND $_

OTHER

Check YES onlyifdemandedincomplaint

JURY

DEMAND: S YES CnO

NOTE: You mustalso submit at the

time

offiling the StatementofRelatedness form

(Form

IH


2/26

(PLACE

AN

xIN ONEBOX ONLY)

ORIGIN

fvl*

,

no L~U

u .nHH D 4

Reinstated or

5

Transferred from

Q 6

Multidistrict

1*1 1

Original

U 2 Removed from *-> O Remanded ii ReQ d (Specify

District) Litigation

Proceeding State Court from

.. . Appellate

a. all

parlies

represented c^rt

| | b. At least one

PL CE N

x

noneboxonlyT^ 0

BASIS

OF

JURIS I TION SSSSKmSS?

n 1US

PLAINTIFF

D2

U.S.

DEFENDANT

S 3

FEDERAL QUESTION CK DIVERSITY CITIZENSHIP ELOW

Ulua L-1

(U.S.

NOT APARTY)

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY

CASES

ONLY)

(Place

an [X] in

one

box for Plaintiff and

one

box for Defendant)

(7J 7 Appeal toDistrict

Judge

from

Magistrate Judge

Judgment

PT F DE F

CITIZEN OFTHIS

STATE

[ ] 1 [ ] 1

CITIZEN OFANOTHER STATE [ ] 2 [ ]2

CITIZEN OR

SUBJECT

OF A

FOREIGN COUNTRY

INCORPORATED

or PRINCIPAL PLACE [ ] 4 [ ] 4

OF BUSINESS INTHIS STATE

PT F

DE F

[ ] 3 [ ] 3

PT F

DEF

INCORPORATED and

PRINCIPAL PLACE

[ ]5 [ ]5

OFBUSINESSINANOTHER STATE

FOREIGN NATION

PLAINTIFF(S) ADDRESS(ES)

AND

COUNTY(IES)

ARMEN

DJERRAHIAN,

164

Russell

Street,

#2R,

Brooklyn,

NY

11222

(Kings

County)

DEFENDANT(S) ADDRESS(ES)

AND

COUNTY(IES)

THE

SOURCE.COM,

LLC

and THE

NORTHSTAR

GROUP

d/b/a THE SOURCE

29 W. 46th Street, 3rd

Floor,

New York, NY 10036

[1 6 [ ]6

^^^IfSS^^fiSS^T

AT THIS TIME

I

HAVE

BEEN

UNABLE WITH REASONABLE DILIGENCE TO

ASCERTAIN

RESibENCE ADDRESSES OFTHE FOLLOWING DEFENDANTS:

Check one THIS ACTION SHOULD BE ASSIGNED

TO:

Q WHITE PLAINS S MANHATTAN

Check one. m i^

^ ^

^ ^ ^ jf ^ gpR|SONER

PET|TION/PRISONER CIVIL

RIGHTS

COMPLAINT.)

'SIGNATURE OF ATTORNEY OF

/ft //

IP T

>

Magistrate

Jutlgeisto be

designated

by the

clerk ofthe

Cot^pJ^V i^

Magistrate Judge

Ruby J. Krajick, Clerkof Court by.

Deputy Clerk, DATED.

UNITED

STATES

DISTRICT

COURT

(NEW

YORK SOUTHERN)

Cl ea r Fo rm

Sa ve

ADMITTED TO PRACTICE INTHIS DISTRICT

[ ] NO

\A

YES

(DATE ADMITTED Mo.

10

Yr. 1982

)

Attorney Bar

Code

EG 5553

is so Designated.

Prin t


3/26

JUDGE PAULEY

UNITED STATESDISTRICT COURT

SOUTHERN DISTRICTOFNEW YORK

14 cv

81^1

ARMEN

DJERRAHIAN,

Plaintiff,

-against-

THE SOURCE.COM, LLC, and

THE NORTHSTARGROUP d/b/a

THE SOURCE

Defendants.

COMPLAINT

ECF CASE

Plaintiff,

ARMEN

DJERRAHIAN, by

his

attorneys, EDWARD C.

GREENBERG, LLC alleges as follows: .

PART IE S

1. Plaintiff

ARMEN DJERRAHIAN

(hereinafter Plaintiff or

DJERRAHIAN ) is an individual citizen ofFrance, who is actively

engaged

in

the

photography business

in the State

of

New York

and elsewhere,

and who

resides

in

Brooklyn, NewYork 11222.

2. Defendant THE S0URCE.COM, LLC (hereinafter

SOURCE ) isa

domestic

limited

liability company duly organized and existing under the

laws

ofthe

State

ofNew

York, with

an address

to

do business at 29 West 46th Street,

3rd

Floor,

New

York,

NY

10036.

3. Defendant

THE NORTHSTAR GROUP

d/b/a

THE

SOURCE

(hereinafter

NORTHSTAR ),

is

upon information and beliefadomestic business entity, authorized

to do

business

in the state ofNew

York with

an

address

to do business at 29 West 46

Street, 3rd Floor, New York,

NY

10036.

CO

C3

O

Z

o

5

-


4/26

4. Upon

information

and

belief,

the

defendants

SOURCE and NORTHSTAR are

inextricably intertwined and are treated for the purposes of

this complaint,

as

asingle

entity and

hereafter

each referred

to as

defendants .

niRISDICTTON AND

VENUE

5. This is a civil action for copyright infringement.

6. Jurisdiction isconferred upon this Court

by

28 U.S.C. 1338.

7.

Venue

in

the

Southern

District

of

New

York

is

proper

pursuant to

28

U.S.C.

1400.

FACTS COMMON

TO

ALL CLAIMS

8.

That Plaintiff

DJERRAHIAN is

a

successful professional photographer with

many years

ofexperience

and

a considerable

reputation.

9. DJERRAHIAN is well known

in

the hip hop music business, as he has

worked

with major

artists

including Jay-Z, Usher, 50 Cent, Eminem,

Kanye West,

Rick

Ross and director Spike Lee.

10. DJERRAHIAN s work has been featured on the covers ofseveral issues of

Vibe Magazine, and

on

The Wild Magazine,

XXL

Magazine, and numerous international

publications.

11. DJERRAHIAN

has

shot and directed music videos

and

commercials,

including amusic video featuring

R&B

recording artist Melanie Fiona, which received a

nomination

for

[Best]

Video

of

the Year

at

the 2010 BET Awards.

12. DJERRAHIAN is

also

a successful fashion photographer who has shot photos

for

Shinola, Cazal Eyewear,

Nike,

Fila, Reebok, Marc Ecko, and commercials for Elle

Magazine,

Revlon,

Van

Cleef

&Arpels,

and

Piaget.


5/26

THE IMAGES

13. On May 17,2010, DJERRAHIAN shot images of the performer,

rapper

and mogul,

William Leonard Roberts

III,

better

known as

Rick Ross (hereinafter

Ross )

for XXL Magazine, which were published

in

the July/August 2010 issue of XXL

Magazine.

14. One of

such images of

Ross

captures

him

holding

his hand in

the

shape

of

agun

to

his

head (hereinafter

the

Ross

Image , acopy

of

which

is

annexed hereto

as

Exhibit A ).

15.

DJERRAHIAN

is

well known

as the

creator ofthe Ross Image, having

been credited for same when the Image was originally published in XXL Magazine.

16. Upon information

and

belief, defendants knew, by

actual

and/or

constructive

knowledge,

that

plaintiff

was the creator

of

the Ross Image.

17. DJERRAHIAN duly registered

the

Ross Image with

the

United

States

Copyright Office

on

April

4,

2014,

Registration

No.

VA

1-908-336

(a copy

of

said

registration is annexed hereto within Exhibit A ).

18. On

June 27, 2012, DJERRAHIAN shot

images ofRoss and other

members

of

the record

label imprint Maybach Music Group, Gunplay, MeekMill,

Omarion,

Stalley,

and Wale. A

portion

of

such

images

were published in

the

August/September

2012

issue

ofVibe Magazine.

19.

One

of

such

images

of

the hip

hop

recording

artist

Richard Morales,

Jr,

better known as Gunplay , captures him holding

his

shirt jacket partially open to reveal

his chest and

with

an

energetic look

on his

face (hereinafter

the

Gunplay

Image ,

a copy

of which is annexed hereto within Exhibit B .


6/26

20. DJERRAHIAN

is

well known as the

creator

of

the Gunplay Image, having

been

credited for same

when

the Image

was

originally

published

in Vibe Magazine.

21.

Upon information and belief, defendants

knew,

by actual and/or

constructive knowledge,

that

plaintiff

was

the

creator

ofthe Gunplay Image.

22.

DJERRAHIAN duly

registered the

Gunplay Image

with

the

United States

Copyright

Office

on December

25, 2013,

Registration

No.

VA

1-899-797

(a

copy

of said

registration

is

annexed hereto

as

Exhibit B ).

23. The Gunplay Image and Ross Image shall hereinafter be referred

to

collectively

and

interchangeably as the

Subject

Images.

24. Ross has sold millions of

albums and has

had at least five (5)

albums reach

#1

on the Billboard music charts.

25.

Ross is the founder and head

of

the

record

label imprint

Maybach

Music

Group, also known as MMG .

26. MMG is home to artists including Gunplay.

27. MMG

has released

at least

six solo and two

compilation albums,

including

three certified Gold albums. MMG is, upon

information

and

belief,

based in the State

of

Florida, but regularly does business in the State

of

New York.

28.

Gunplay

is ahip

hop

recording artist

who

has released several mixtapes, as

wellas the studio albums Medellin and LivingLegend .

29.

The

Subject

Images

of

Ross

and

Gunplay

are

iconic

in

the

hip

hop

community.

30.

Upon

information

and belief, various blogs referring

to

Ross have purposely

selected the Ross Image ofhim due at least in part to

its

value and attention getting


7/26

na t u re .

31.

Upon

information and belief, various blogs referring to Gunplay have

purposely selected

the

Gunplay

Image

of

him

due at least

in

part to its value

and attention

getting nature.

32.

The

Subject Images creatively capture the personalities ofRoss and

Gunplay,

respectively.

33. Upon

information and belief, since

the

Ross

Image's

creation, the Image has

helped to shape and form Ross brand in the hip

hop

music community.

34. Each of

the

Subject Images

are

important elements of

hip

hop music culture.

35.

The

Ross Image is upon information and belief, the

definitive

image ofRoss.

36. TMZ has touted the Ross Image as iconic .

37.

The

Image

ofGunplay is

upon

information

and

belief,

the definitive image of

Gunplay.

38.

Defendants

NORTHSTAR

and

SOURCE operate

the

website

www.thesource.com, awebsite publishing news and

content

about aspects of

hip hop

culture including information

pertaining to the

lives of

celebrities,

music, sneakers,

sports, style, art/design, and news.

39.

Defendants

disseminate entertainment, news and information byway of

magazine,

website,

and

other media.

40.

Defendant(s) target

audience

or

demographic

is

urban

and

it

purports

to

cover urban culture including rap and hip hop

music as

well as other forms

of

entertainment andnewsof interest to its predominantly urban audience.

41.

Defendants have employed the Subject

Images

in multiple forms on its


8/26

website without a license authorization or consent.

42.

The Subject

Images

are

valuable to

Defendants.

THE

OFFENDING

USES

OF

THE IMAGES

43. Defendants have employed

DJERRAHIAN s

Ross Image at

least

on its

website www.thesource.com,

under

the heading Rick Ross Reveals The Artwork For

The Deluxe

Editon

of Mastermind ,a

copy

ofwhich is

annexed hereto

as

Exhibit

C

44.

Defendants have also employed

DJERRAHIAN s

Ross Image at least on

its website www.thesource.com, under the heading This

is

Not Another

Rick

Ross x

Trayvon Martin Think

Piece' , a

copy ofwhich is annexed hereto as Exhibit C .

45. DJERRAHIAN

has

nevergranted either of

defendants

any

license,

nor

provided authorization or consent to either ofdefendants to

use

the

Ross Image in any

media

whatsoever.

46.

Defendants

have

employed

DJERRAHIAN s Gunplay

Image

at

least

on

its website

www.thesource.com.

under the

heading Behind the Scenes

With Gunplay

x

Matty Raw , a copy ofwhich is annexed hereto

as

Exhibit

D .

47. Defendants never sought nor obtained

a

license

by

DJERRAHIAN

to

use

either of the Subject

Images

as complained ofherein.

48.

Pursuant to Federal Rule 11, Plaintiff has sought to

obviate

the

filing

of

suit.

49.

On

May 15, 2014,

DJERRAHIAN,

by his counsel, sent awritten notice

letter to

SOURCE,

addressed to

the

address listed for iton

the

New York Department of

State website,

215

Park

Avenue

South, 11th Floor, New York, New

York 10003,

advising


9/26

it,

inter alia,

to

remove our client's image from its website, www.thesource.com, that

its

uses of the Subject Images were in violation

of

DJERRAHIAN's copyright, and that it

has no right to use Subject Images in any way, shape or form.

50.

On

May

15, 2014, DJERRAHIAN,

by his

counsel, sent

a

written

notice

letter to

SOURCE,

addressed to another address believed to be valid for SOURCE, 28

West 23rd

Street, New York, New York 10010,

advising

it,

inter

alia,

to

remove our

client s image

from its website, www.thesource.com, that its uses of

the

Subject Images

were in

violation

ofPlaintiff s

copyright,

and that it has no right to use

Subject

Images in

anyway, shapeor

form.

51. That

both

letters to SOURCE that were sent on May 15, 2014, were

returned to sender as 'undeliverable'.

52. On

July

11, 2014,

DJERRAHIAN,

by

his

counsel, sent

a

written

notice

letter by

hand delivery

and by email to The Northstar

Group, addressed

to its general

counsel,

CEO

and

majority shareholder

L.

Londell McMillan (hereinafter

the

July

11,

2014 Notice

Letter , acopy ofwhich

is annexed hereto

as

Exhibit

E , sans

its

exhibits

which are elsewhere annexed to this Complaint).

53. The July 11, 2014

Notice

Letter advised defendants, inter alia, to remove

our

client s image

from its website, www.thesource.com, that its uses ofthe Subject

Images were in violation

of

DJERRAHIAN s copyright, and that it

has no

right to use

Subject

Images

in

any way,

shape

or

form.

54. The July

11,

2014

Notice

Letter

further

sought adisclosure from

defendants

of

the

full

nature

and

extent

of its

unauthorized uses

of

the Subject

Images

so


10/26

that Plaintiff could in good faith

formulate

areasonable fee to compensate him

for the

unauthorized uses.

55. That Defendants responded

to

the

July 11, 2014 Notice Letter, but

notwithstanding,

the

parties have

been

unable

to come to a

resolution sans

judicial

intervention.

56.

Plaintiff has

sought to obviate judicial

intervention

and the

filing of suit.

Such efforts have gone without success.

57.

That defendants,

or one

or

more

of

them, have

apparently removed

the

Subject Images

from

www.thesource.com.

58. That the full nature and extent

of

all

infringing

uses

ofplaintiff sSubject

Images by

defendants

are unknown to Plaintiff as of

this writing,

said

information

being

within the sole knowledge, custody, and control of

Defendants. That

such

details

and

information

are

expected to be

ascertained

through discovery

in

this action.

59.

Defendants

have

failed

to

provide

any

compensation

to

Plaintiff

for

its

uses of the

Subject

Images

without

a

license,

authorization or

consent,

in violation of the

exclusive

rights

granted

to

Plaintiff

as the copyright holder.

60.

Upon

information and

belief

defendant(s)

are asophisticated licensors and

licensees of intellectual property and

know

that it/they must obtain the rights to

intellectual property

created

by third parties prior

to

each of

their

use ofsame.

61. Upon

information

and

belief, defendants,

or one or more

of

them, failed

to

adhere

to

the

procedures and

protocols necessary

for

it to

obtain

the

rights to uses the Subject

Images priorto its usesof same.

62.

Plaintiff is

committed

to

protecting

his copyright inthe Subject Image.


11/26

63.Plaintiffhas filedan actionagainst Ross andothersin theUnited statesDistrict

Court for the Southern District ofNew York, index number 14-cv-3291, before Judge

Oetken,

sounding

in

copyright

infringement,

based

on

allegations

of

their unauthorized

uses of the SubjectImageandother Imagestaken by Plaintiff.

64. That the Defendants have no defenses at law to the claims set forth herein.

65. Paragraphs 1 through 64 are incorporated by reference with respect to each of

th e below claims fo r rel ief.

F IRST CLA IM FOR RELIEF

Copyright Infringement - Ross Image

Under Section 501 of the Copyright Act

66. That the use of the Plaintiffs Ross Image by the Defendants, or one or more of

them, in connection with the website, www.thesource.com, was and is without the

plaintiffs authorization, license or consent.

67. The Defendants, or one or more of them, have infringed the copyright in the Ross

Image.

68. The acts

of

the Defendants , or one or more

of

them, constitute federal statutory

copyright infringement underSection 501 of theCopyright Act in violation of the rights

granted to DJERRAHIAN as copyright holder.

69. That the use

of

each image by each defendant constitutes a separate and distinct

act of copyright infringement.

70. That, upon information and belief, Defendant(s)' uses of the Ross Images were

willful, intentional, malicious, and in bad faith.


12/26

71. That,

upon

information and belief, defendant(s) uses ofthe

Ross Image

in

violation ofPlaintiffs copyright were negligent in that itknew or should have

known

that

it was without a license for the use(s) complainedof herein.

72. Upon information

and

belief, defendants, or one or more of them,

had

actual

and/or

constructive knowledge and/or through the exercise

of

ordinary business care

and/or the examination ofpublic records, knew or

should

have

known

that Plaintiff held

the

copyright

in the Ross Image,

that defendant(s)

never had a

license, consent, or

authorization

by Plaintiff for the uses

of

Plaintiff

s

Ross Image on its

website

or

in

any

other medium

employed

by defendants, or one or more of

them, and

that

any such

use

would be in violation

of

Plaintiffs copyright.

73. Plaintiff is a

professional photographer

who

earns

his

livelihood

by

licensing

rights

to third parties to employ

his photographic images.

74. That

as a result ofDefendant(s)

acts,

Plaintiff

has been

and

will

continue tobe

damaged

inan

amount

as

yet

tobe

determined.

75. Thatasa

result

of defendant(s)'

copyright infringement

of Plaintiffs Ross

Image,

Plaintiff is entitled to damages, attorneys fees and costs under Section

504

and 505 of

the

Copyright

Act, 17 U.S.C.

Section

101 et., seq., and as an alternative to statutory

damages,

Plaintiff,

at his election prior

to judgment

is

entitled to recover

his

actual

damages

and any

additional profits ofthe defendants, attributable to the infringement as

under 17 U.S.C. Sections 504 (a)-(b).


13/26

SECOND

CLA IM

FOR RELIEF

Copyright Infringement- Gunplay Image

Under Section 501 of the Copyright Act

76. That the use of the Plaintiffs Gunplay Image by the Defendants, or one or more

of them, in

connection

withthewebsite, www.thesource.com. wasand iswithout the

plaintiffs authorization, license or consent.

77. TheDefendants, or one ormoreof them, have infringed the copyright in

Plaintiffs

Gunplay Image.

78. The acts of the Defendants, or one or more of them, constitute federal statutory

copyright

infringement

under

Section 501

of

the

Copyright

Act in violation

of the rights

granted to DJERRAHIAN as copyright holder.

79. Thatthe useof each image by eachdefendant constitutes a separate anddistinct

act of copyright infringement.

80.

That, upon

information and belief, Defendant(s)'

uses

of the

Gunplay Images

were willful, intentional, malicious, and in bad faith.

81.

That, upon information and belief, defendant(s)' uses of the

Gunplay

Image in

violation of Plaintiffs copyright were negligent in that it knewor should have known that

it was without a license for the use(s) complained of herein.

82.

Upon

information andbelief, defendants, oroneor

more

of

them,

had actual

and/orconstructiveknowledgeand/or through the exercise of ordinary business care

and/orthe examination of publicrecords, knewor shouldhave known that Plaintiffheld

thecopyright in the

Gunplay

Image, that defendant(s) neverhada license, consent, or

authorization byPlaintifffor the useof theGunplay Image on itswebsite or inanyother


14/26

medium employed

by defendants, or oneor

more

of

them,

and that any suchusewould

be in violation

of

Plaintiffs copyright.

83.

Plaintiffis a professional photographer whoearnshis livelihood by licensing

rights to third parties to employhis photographic images.

84. That as a result of Defendant(s)' acts, Plaintiff has been and will continue to be

damaged in an amount as yet to be determined.

85.That as a resultof defendant(s)' copyrightinfringement of Plaintiffs Gunplay

Image, Plaintiff is entitled to damages, attorneys' fees and costs under Section 504 and

505 of the CopyrightAct, 17U.S.C. Section 101 et., seq., and as an alternative to

statutorydamages,Plaintiff, at his election prior to judgment is entitled to recover his

actual damages and any additional profits

of

the defendants, attributable to the

infringement as under 17U.S.C. Sections 504 (a)-(b).

JURY DEMAND

51. That Plaintiff requests a trial by jury

of

all issues.

WHEREFORE, plaintiff demands judgment as against the defendant as follows:

ON

THE

FIRST CLAIM-

(A) Award to plaintiff his actual damages incurred as

a result of defendants infringements, and all profits realized as a result of their

infringements, in

amounts

to bedetermined at trial; or (B) in the alternative, at plaintiffs

election, awardto plaintiffmaximum statutorydamagespursuantto 17U.S.C. 504for

each

individual

actof

infringement,

and for anorderof

injunction

permanently

enjoining

andprohibiting the defendant, including but not limited to wholly ownedsubsidiaries,

from employing or utilizing inanymanner ormedia whatsoever, including all future

uses, sales, transfers, assignments, or licensing of anyandall ofplaintiff s copyrighted


15/26

Image,

pursuant to 17 U.S.C.

502 and for an award

of

costs and attorneys

fees

pursuant to 17U.S.C.

505;

ON

THE

SECOND CLAIM-

(A)Awardto plaintiffhis actualdamages

incurred as a result of defendants infringements, andall profits realized as a result of their

infringements, in

amounts to be

determined

at trial; or (B)

in the

alternative, at

plaintiffs

election,

anaward toplaintiffmaximum statutory damages pursuant to 17 U.S.C. 504

for each individual actof infringement,

and

foran order of injunction permanently

enjoining

and prohibiting

the defendant, including but not

limited to

wholly owned

subsidiaries, affiliates and assigns,

from

employing orutilizing in any manner ormedia

whatsoever, including all future

uses, sales, transfers,

assignments, or licensing of any

and all

of

plaintiff

s copyrighted Image, pursuant to

17

U.S.C. 502

and

for an award of

costs and attorneys' fees pursuant to 17U.S.C. 505;

Prejudgment interest on all sumsdue;

And suchother and further relief as this Court may deemjust and proper inclusive

ofany and all

relief

or

remedies allowable

by

the statutes referenced

above or

applicable

hereinabove.

Dated:

New

York, NY

October

10, 2014

Yours, etc.,

EDWAB C.

GREENBERG,

idwaraC. Greenberg, Esq. (ECG 5553)

By: TamaraL. Lannin, Esq. (TL 3784)

570

Lexington

Ave.,

19th Floor

New

York,

NY

10022

Tel: (212)

697-8777

Fax: (212) 697-2528

Attorneys for Plaintiff


16/26


17/26

Certificate of Registration

STiTf .

This Certificate

issued

under the

seal of

the Copyright

Office

in

accordance with title

7 V Mt Suites Code

attests that registration

ha* been madefor thework

identified Mow.

'Che

information

onthis certificate has

been made

apart ofthe Copyright

Oilice

records.

-^ TtUla'Qk

Register

ofCopyrights,

United

States ofAmerica

Registration Number

VA

1-908-336

Effective date o f

registration:

April 4,2014

Title

Title ofWork: XXL

Magazine:Rick

Ross

Number 4

TitleofLareerWork: XXLMsgazinerriclcrossO 1c

Dateoa

Copie uly/Aug

2010

Number 01c

D'eon CoptesJuly/AiigZOlO

XXL Magazine:rickross02c

Number

02c

Date

obCopiesJuly/Aug 2010

XXL

Magazine:rickross03c

Number 3c Date 00

CopiesJuiy/Aug2010

XXL

Magazine:rickros 04c

Number 04c Date oa Capteyuly/Aug 2010

Completion/Publication

Au thor

YearofCompletion: 2010

Date of1st Publican*.: June

15 2 1

Nation of1st

Publication:

United States

Author:

Armen Charles

Djerrahian

Pseudonym:

ARMEN

Author Created:

photographs)

Citizen oft France

Year Ban: 1469

Pseudonymous: Yes

Domiciled In: Unitcd States

Page 1 o f 2


18/26


19/26

Certificate

of

Registration

Tit le

ThisCertificate issuedunder the sealof theCopyright

Office in

accordance

with title i- I >ni i CWe.

attests that registrationhasbeenmade furthe work

identified below. The information

on

ihis certificate has

beenmade a pan ol theCopyrightOtiicerecords.

K

LA^^t i

uu^

Register

ofCopyrights, UnitedStates ol America

Registration

Number

VA 1-899-797

Ef fec ti ve da te

o f

registration:

December

25.2013

Title of Work: VibemagazineAug/Sept2012 featMaybachMusicGroup's artists: RickRoss.Meek

Mill. Wale.Omarion. Stallev. Gunplay

Completion / Publication

Au t ho r

Year

of

Completion:

2012

Date of 1st Publication:

September 1.201:

Author: Annen Charles Djerrahian

Pseudonym:

araienexpo

Author

Created:

photograph(s)

Citizen of : France

Year

Born: 1969

Copyright claimant

Nation o f 1st Publication: United

States

Domiciled in :

United

States

Copyright

Claimant:

Armen Charles DjerTahian

164

Russell

Street.Apt 2R,Brooklyn.

NY.

11222

Rights

and

Permissions

Name:

ArmenCharles Djerrahian

Email: armenftarmenexpo.com

Address: 164Russell Street. Apt 2R

Brooklyn. NY 11222

Telephone:

646-642-1633

Cert i f icat ion

Name:

Armen Djerrahian

Date: December 25. 2013

Page I

of

:


20/26

Registration : VA000190S336

ServiceRequest :

1-1338*22681

Armen

Charles Djerrahian

164 Russell Street.

AptR

Brooklyn, NY 11222


21/26

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23/26

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