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Case No.:
COMPLAINT
(Copyright Infringement)
Plaintiff,
vs.
This is an action for copyright infringement arising under the copyright laws of
irrevocable harm such as that which it has suffered due to the Defendants infringement of its
copyrighted work, and to recover appropriate damages against the Defendant under the laws of
the United States.
COMPLAINT - 1
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Oregon.
4.
who resides in Portland, Oregon and does business in Oregon and is subject to the jurisdiction of
this Court.
5.
This Court has jurisdiction pursuant to 28 U.S.C. 1331 and 1338. Venue is
Plaintiff OBC was at all times material an Oregon corporation doing business and
having offices located in Lincoln County Oregon. OBC is the producer, seller and marketer of
alcoholic beverages and related marketing materials which it sells throughout the United States
through a series of distributors.
7.
and director. Blair was employed as a W-2 employee by OBC, as its photographer and
videographer from approximately April 28, 2014 to March 15, 2016.
8.
On August 2, 8, 11, and 12, 2016, the photographs and short films created by
Blair during his employment with OBC were submitted to the Registrar of Copyrights for a
Certification of Registration.
10.
OBC currently is, and at all material times was, the sole proprietor of all right,
title, and interest in and to the copyright of the photographs and short films.
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11.
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OBC has complied with all formalities under the copyright laws of the United
whereby Blair agreed that all works created by him during his employment with OBC were the
property of OBC.
13.
Blair executed this intellectual property agreement with OBC on April 28, 2014.
(Exhibit 1.)
14.
OBC never granted Blair the authority to use the photographs or short films he
created as part of his employment with OBC for his own personal benefit or for any purpose
other than in his employment with OBC.
15.
In violation of the law, photographs and short films licenses, OBCs intellectual
property agreement, and copyrights to use and copy OBCs photographs and short films
produced by Blair while employed with OBC were illegitimately copied and used by Blair on his
personal professional website, www.benblairdonethat.com, without notice, permission, or
compensation to OBC.
16.
OBC learned of the unauthorized use of OBCs photographs and short films on or
17.
On March 23, 2016, OBC informed Blair of his wrongful use of OBCs
about.
photographs and short films and demanded that Blair cease and desist use of those photographs
and short films for his personal use.
18.
To date Blair has failed to remove the OBC photographs and short films from his
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19.
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Blairs conduct has involved the use of OBCs copyright protected photographs
and short films for his own personal professional purposes without the consent of OBC and
without compensation to OBC, and constitutes actionable infringement under 17 U.S.C. 501.
20.
Blair has been put on notice many times informing him that he was engaging in
OBC concludes, that in consideration of the above facts, the injuries resulting to
OBC from the infringing activities of Blair have been knowingly committed with a willful and
malicious disregard of OBCs rights during the many months after OBCs notice of infringement
and upon information and belief, before the notice as well.
23.
As a result of Blairs conduct, OBC has been forced to expend large amounts of
time and expense, and retain attorneys to which it is obligated to pay a reasonable fee.
COUNT ONE: COPYRIGHT INFRINGEMENT
24.
out herein.
25.
Pilsner at Pendleton, copyright case no. 1-3872836781, for his own professional benefit, actions
which constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT TWO: COPYRIGHT INFRINGEMENT
26.
out herein.
//
//
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27.
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Harvest, copyright case no. 1-3782537325, for his own professional benefit, actions which
constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT THREE: COPYRIGHT INFRINGEMENT
28.
out herein.
29.
Making, copyright case no. 1-3872742135, for his own professional benefit, actions which
constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT FOUR: COPYRIGHT INFRINGEMENT
30.
out herein.
31.
Picking, copyright case no. 1-3872816558, for his own professional benefit, actions which
constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT FIVE: COPYRIGHT INFRINGEMENT
32.
out herein.
33.
Cocktail-0010, copyright case no.1-3889940031, for his own professional benefit, actions
which constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT SIX: COPYRIGHT INFRINGEMENT
34.
out herein.
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35.
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Defendant has infringed OBCs copyrights in the photograph titled Wasted Sea
Star Tidepool, copyright case no. 1-3889940135, for his own professional benefit, actions
which constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT SEVEN: COPYRIGHT INFRINGEMENT
36.
out herein.
37.
copyright case no. 1-3890011298, for his own professional benefit, actions which constitute
copyright infringement as defined by 17 U.S.C. 501.
COUNT EIGHT: COPYRIGHT INFRINGEMENT
38.
out herein.
39.
Bridge, copyright case no. 1-389971441, for his own professional benefit, actions which
constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT NINE: COPYRIGHT INFRINGEMENT
40.
out herein.
41.
Bottle Release, copyright case no. 1-3899714685, for his own professional benefit, actions
which constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT TEN: COPYRIGHT INFRINGEMENT
42.
out herein.
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Defendant has infringed OBCs copyrights in the photograph titled PDX Carpet
Bottles, copyright case no. 1-3899736591, for his own professional benefit, actions which
constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT ELEVEN: COPYRIGHT INFRINGEMENT
44.
out herein.
45.
Defendant has infringed OBCs copyrights in the photograph titled John Maier
Bicycle Ride, copyright case no. 1-3899749491, for his own professional benefit, actions which
constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT TWELVE: COPYRIGHT INFRINGEMENT
46.
out herein.
47.
Defendant has infringed OBCs copyrights in the photograph titled Frogs &
Dogs Image 0089, copyright case no. 1-3902514241, for his own professional benefit, actions
which constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT THIRTEEN: COPYRIGHT INFRINGEMENT
48.
out herein.
49.
Defendant has infringed OBCs copyrights in the photograph titled Frogs &
Dogs Image 0126, copyright case no. 1-3902514241, for his own professional benefit, actions
which constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT FOURTEEN: COPYRIGHT INFRINGEMENT
50.
out herein.
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Defendant has infringed OBCs copyrights in the photograph titled Frogs &
Dogs Image 0202, copyright case no. 1-3902514541, for his own professional benefit, actions
which constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT FIFTEEN: COPYRIGHT INFRINGEMENT
52.
out herein.
53.
Defendant has infringed OBCs copyrights in the photograph titled Frogs &
Dogs Image 0218, copyright case no. 1-3902514541, for his own professional benefit, actions
which constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT SIXTEEN: COPYRIGHT INFRINGEMENT
54.
out herein.
55.
Defendant has infringed OBCs copyrights in the photograph titled Frogs &
Dogs Image 0368, copyright case no. 1-3902514241, for his own professional benefit, actions
which constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT SEVENTEEN: COPYRIGHT INFRINGEMENT
56.
out herein.
57.
Defendant has infringed OBCs copyrights in the photograph titled Frogs &
Dogs Image 0439, copyright case no. 1-3902514241, for his own professional benefit, actions
which constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT EIGHTEEN: COPYRIGHT INFRINGEMENT
58.
out herein.
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Defendant has infringed OBCs copyrights in the photograph titled Frogs &
Dogs Image 0467, copyright case no. 1-3902514241, for his own professional benefit, actions
which constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT NINETEEN: COPYRIGHT INFRINGEMENT
60.
out herein.
61.
Defendant has infringed OBCs copyrights in the photograph titled Frogs &
Dogs Image 0481, copyright case no. 1-3902514241, for his own professional benefit, actions
which constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT TWENTY: COPYRIGHT INFRINGEMENT
62.
out herein.
63.
Defendant has infringed OBCs copyrights in the photograph titled Frogs &
Dogs Image 0536, copyright case no. 1-3902514241, for his own professional benefit, actions
which constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT TWENTY-ONE: COPYRIGHT INFRINGEMENT
64.
out herein.
65.
Defendant has infringed OBCs copyrights in the photograph titled Frogs &
Dogs Image 0608, copyright case no. 1-3902514241, for his own professional benefit, actions
which constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT TWENTY-TWO: COPYRIGHT INFRINGEMENT
66.
out herein.
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Defendant has infringed OBCs copyrights in the photograph titled Frogs &
Dogs Image 0791, copyright case no. 1-3902514241, for his own professional benefit, actions
which constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT TWENTY-THREE: COPYRIGHT INFRINGEMENT
68.
out herein.
69.
Defendant has infringed OBCs copyrights in the photograph titled Frogs &
Dogs Image 0915, copyright case no. 1-3902514241, for his own professional benefit, actions
which constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT TWENTY-FOUR: COPYRIGHT INFRINGEMENT
70.
out herein.
71.
Defendant has infringed OBCs copyrights in the photograph titled Frogs &
Dogs Image 9400, copyright case no. 1-3902514241, for his own professional benefit, actions
which constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT TWENTY-FIVE: COPYRIGHT INFRINGEMENT
72.
out herein.
73.
Defendant has infringed OBCs copyrights in the photograph titled Frogs &
Dogs Image 9520, copyright case no. 1-3902514241, for his own professional benefit, actions
which constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT TWENTY-SIX: COPYRIGHT INFRINGEMENT
74.
out herein.
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Defendant has infringed OBCs copyrights in the photograph titled Frogs &
Dogs Image 9538, copyright case no. 1-3902514241, for his own professional benefit, actions
which constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT TWENTY-SEVEN: COPYRIGHT INFRINGEMENT
76.
out herein.
77.
Defendant has infringed OBCs copyrights in the photograph titled Frogs &
Dogs Image 9550, copyright case no. 1-3902514241, for his own professional benefit, actions
which constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT TWENTY-EIGHT: COPYRIGHT INFRINGEMENT
78.
out herein.
79.
Defendant has infringed OBCs copyrights in the photograph titled Frogs &
Dogs Image 9563, copyright case no. 1-3902514241, for his own professional benefit, actions
which constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT TWENTY-NINE: COPYRIGHT INFRINGEMENT
80.
out herein.
81.
Defendant has infringed OBCs copyrights in the photograph titled Frogs &
Dogs Image 9597, copyright case no. 1-3902514241, for his own professional benefit, actions
which constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT THIRTY: COPYRIGHT INFRINGEMENT
82.
out herein.
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Defendant has infringed OBCs copyrights in the photograph titled Frogs &
Dogs Image 9607, copyright case no. 1-3902514241, for his own professional benefit, actions
which constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT THIRTY-ONE: COPYRIGHT INFRINGEMENT
84.
out herein.
85.
Defendant has infringed OBCs copyrights in the photograph titled Frogs &
Dogs Image 9682, copyright case no. 1-3902514241, for his own professional benefit, actions
which constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT THIRTY-TWO: COPYRIGHT INFRINGEMENT
86.
out herein.
87.
Defendant has infringed OBCs copyrights in the photograph titled Frogs &
Dogs Image 9754, copyright case no. 1-3902514241, for his own professional benefit, actions
which constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT THIRTY-THREE: COPYRIGHT INFRINGEMENT
88.
out herein.
89.
Defendant has infringed OBCs copyrights in the photograph titled Frogs &
Dogs Image 9760, copyright case no. 1-3902514241, for his own professional benefit, actions
which constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT THIRTY-FOUR: COPYRIGHT INFRINGEMENT
90.
out herein.
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Defendant has infringed OBCs copyrights in the short film titled Rogue
Revolution, copyright case no. 1-3872650411, for his own professional benefit, actions which
constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT THIRTY-FIVE: COPYRIGHT INFRINGEMENT
92.
out herein.
93.
Defendant has infringed OBCs copyrights in the short film titled Crafts and
Drafts Video - Final, copyright case no. 1-2872741791, for his own professional benefit, actions
which constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT THIRTY-SIX: COPYRIGHT INFRINGEMENT
94.
out herein.
95.
Defendant has infringed OBCs copyrights in the short film titled Beard Beer
master cut - Final, copyright case no. 1-3872836875, for his own professional benefit, actions
which constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT THIRTY-SEVEN: COPYRIGHT INFRINGEMENT
96.
out herein.
97.
Defendant has infringed OBCs copyrights in the short film titled Rogue Nation
Tour Highlights, copyright case no. 1-3890011391, for his own professional benefit, actions
which constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT THIRTY-EIGHT: COPYRIGHT INFRINGEMENT
98.
out herein.
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Defendant has infringed OBCs copyrights in the short film titled Unipiper Final
Master, copyright case no. 1-3890011434, for his own professional benefit, actions which
constitute copyright infringement as defined by 17 U.S.C. 501.
COUNT THIRTY-NINE: COPYRIGHT INFRINGEMENT
100.
out herein.
101.
Defendant has infringed OBCs copyrights in the short film titled Yard House
Spruce Tip IPA 19th Anniversary Release, copyright case no. 1-3890011997, for his own
professional benefit, actions which constitute copyright infringement as defined by 17 U.S.C.
501.
102.
OBCs copyrighted photographs and short films without the consent or authority of OBC,
thereby directly infringing OBCs copyrights.
103.
The infringement of OBCs rights in and to each of the digital images and short
As a direct and proximate result of its unlawful conduct, defendant is liable for
OBC for copyright infringement. OBC has suffered and will continue to suffer substantial
losses, including, but not limited to, damages to its business reputation and goodwill. OBC is
entitled to recover damages, which include its losses and all profits defendant has made as a
result of his wrongful conduct pursuant to 17 U.S.C. 504(b).
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maximum statutory damages, pursuant to 17 U.S.C. 504(c), in the amount of $150,000.00 for
each infringed image, or other such amounts as may be proper pursuant to 17 U.S.C. 504(c).
108.
Defendants conduct has caused and, unless enjoined and restrained by this court,
will continue to cause irreparable injury to OBC for which OBC has no adequate remedy at law.
Pursuant to 17 U.S.C. 502, OBC is entitled to injunctive relief prohibiting further infringement
of OBCs copyrights.
109.
Plaintiff is entitled to the recovery of full costs and reasonable attorneys fees in
an amount to be determined by the court pursuant to 17 U.S.C. 505 and any other rule or
statute.
PRAYER FOR RELIEF
WHEREFORE, OBC respectfully requests this Honorable Court enter such order and
judgments as are necessary to provide the following relief:
A.
B.
C.
D.
That the Court order Defendant to pay OBC damages and Defendants profits
pursuant to 17 U.S.C. 504(b), or, alternatively, enhanced statutory damages
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That the Court order Defendant to pay to OBC both the costs of this suit and the
reasonable attorneys fees incurred by OBC in investigating and prosecuting this
action; and
F.
That the Court grant OBC such other and additional relief as is just and proper.
JURY DEMAND
COMPLAINT - 16