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Peter R. Afrasiabi (Bar No. 193336) Email: pafrasiabi@onellp.com John Tehranian (tiarNo. 211616) Email: jtehranian@onellp.com ONE LLP . 4000 MacArthur Blvd. East Tower, Suite 500 Newport Beach, CA 92660 Telephone: (949) 502-2870 FacsImile: (949) 258-5081

Attorneys for Plaintiff, Iconic Images, LLC

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

ICONIC IMAGES, LLC, a California limited liability company,

Plaintiffs,

v.

CORBIS CORPORA nON, a Nevada corporation: THOMSON REUTERS HOLDINGS, INC., a Delaware corporation; and DOES] -I 0, inclusive,

Defendants.

COMPLAINT FOR:

1) UNITED STATES COPYRIGHT INFRINGEMENT (17 U.S.C. § 501)

2) ISRAEL COPYRIGHT INFRINGEMENT (ISRAEL COPYRIGHT ACT OF 2007, §§ 11, 47,48,54)

3) UNITED KINGDOM COPYRIGHT INFRINGEMENT (COPYRIGHT, DESIGNS AND PATENTS ACT 1988, § 96)

DEMAND FOR JURY TRIAL

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COMPLAINT

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ICONIC IMAGES, LLC (",Iconic"), by and through their attorneys of record,

complains against CORBIS CORPORATION ("Corbis"), a Nevada corporation;

THOMSON REUTERS HOLDINGS, INC. ("Reuters"), a Delaware corporation

incorporated; and DOES 1 through 1 O. (collectively, "Defendants") as follows:

JURISDICTION AND VENUE

1. This is a civil action seeking damages and injunctive relief against Defendants

Corbis, Reuters and DOES 1 through 10 for willful copyright infringement in violation of

the United States Copyright Act, 17 U.S.c. §§ 101 et seq., the Israel Copyright Act of

2007. §§ 1 L 47, 48. and 54. and United Kingdom Copyright, Designs and Patents Act

1988. § 96.

2. This Court has subject matter jurisdiction under the United States Copyright

Act. 17 U.S.c. §§ 101 et seq., 28 U.S.c. § 1331 (federal question) and 28 U.S.c. § 1338(a)

(copyright) and pendent jurisdiction over the remaining claims pursuant to 28 U.S.c. §

1367.

3. Venue is proper in this District under 28 U.S.c. §§ 1391(b) and (c) and 28

U.S.c. § 1400(a) in that the claim arises in this Judicial District, the Defendants may be

found and transact business in this Judicial District, and the injury suffered by Plaintiff took

place in this Judicial District. Defendants are subject to the general and specific personal

jurisdiction of this Court because of their contacts with the State of California.

PARTIES

4. PlaintiffIconic is a limited liability company formed under the laws of the

state of California with its principal place of business at 226 Fuller Street. West Newton,

Massachusetts 02465.

5. Plaintiff is informed and believes and, upon such, alleges that Defendant

Corbis is a corporation organized under the laws of the state of Nevada with its corporate

office located at 710 Second Avenue, Suite 200, Seattle, Washington 98104. Defendant

Corbis has additional offices in Los Angeles, California and New York, New York.

III

COMPLAINT

6. Plaintiff is informed and believes and, upon such, alleges that Defendant

2 Reuters is a corporation organized under the laws of Delaware, with its corporate

3 headquarters located at 3 Times Square, New York, New York 10036. Reuters has thirty-

4 seven additional offices across the globe and the continental United States, including

5 several locations in California.

6 FACTS COMMON TO ALL COUNTS

7 The Iconic Photograph of the President's Father, Barack Ohama, Sr.

8 7. In the early 1960's, Sylvia Wells Baldwin, a longtime Hawai'i resident,

9 befriended a bright, intriguing and cosmopolitan young Kenyan who was studying at the

10 University ofHawai'i. The name of that student was Barack Obama.

11 8. Shortly before leaving Hawai'i to go study at Harvard University, Mr. Obama

12 came to Ms. Baldwin's home and spent time with her and her children. During that

13 particular visit, Ms. Baldwin took a series of photographs ofMr. Obama in a garden. One

14 of these photographs forms the subject matter of this lawsuit (the "Photo," a true and

15 correct copy of which is attached as Exhibit A).

16 9. The photo, showing Barack Obama smiling and smoking a pipe, has become

17 the iconic image of the father of the 44th President of the United States, Barack Obama, Jr.

18 10. Ms. Baldwin is the author of the Photo, has secured the rights to the Photo,

19 complied with all necessary provisions of the Copyright Act, 17 U.S.c. §101, et seq. and

20 has registered the copyright thereto with the Copyright Office. Attached as Exhibit B is a

21 true and correct screen capture of the Copyright Office's database indicating the issuance

22 of the registration of the copyright to the Photo as V AOOO 1868396.

23 11. Ms. Baldwin has licensed the use of the Photo selectively. For example, the

24 Photo was featured (with credit to Baldwin) on the cover of the book entitled The Other

25 Barack by Sally H. Jacobs. A true and con'ect copy of the cover of said book along with

26 the photograph credit to Ms. Baldwin is attached as Exhibit C.

27 12. On or about December 14, 2013, Ms. Baldwin assigned all rights, title and

28 interest in and to the Photo, including the copyright thereto, to PlaintiffIconic.

2

COMPLAINT

The Defendants and Their Wil(fullnfringing Activity

2 13. Defendant Corbis is one of the world's leading photographic licensing

3 companies. A "leading digital media company and entertainment consultancy," Corbis

4 enables clients throughout the world to "access[l and integrat[ e] with the world's great

5 creative content.'· With its worldwide presence. Corbis provides a comprehensive selection

6 of editorial, entertainment. politicaL creative and historical photography collections for

7 licensing to hundreds of thousands of consumers and corporate clients ranging from

8 publishers and advertisers to media and other producers.

9 14. In short, Corbis is one of the world's most sophisticated intellectual property

10 licensing companies and is readily familiar with the strictures of federal copyright law.

11 Corbis actively polices and vigorously protects its own intellectual property rights from

12 infringement.

13 15. Defendant Reuters is one of the world's leading media and information firms.

14 Specifically, Reuters provides information services through various multiple media

15 platforms including broadcast media. print publishing, and internet platforms and service.

16 Among other things, Reuters makes use of and licenses creative content, including

17 photographs.

18 16. In short, Reuters is one of the world's most sophisticated intellectual property

19 licensing companies and is readily familiar with the strictures of federal copyright law.

20 Reuters actively polices and vigorously protects its own intellectual property rights from

21 infringement.

22 17. Plaintiff is informed and believes and, upon such, alleges that at all relevant

23 times Defendants owned, operated, controlled and/or profited from

24 www.stg.corbisimages.com. (the "Website"). The Website is one of many of Defendants'

25 branded websites, which house and otTer for license a selection of photography that, in

26 Defendants' own words, is ·'unparalleled."

27 / / /

28 / / /

3

COMPLAINT

18. Despite their immense economic resources and sophistication on basic matters

2 of intellectual property law, Defendants have. on information and belief, violated federal

3 law by willfully infringing the copyrights to the Photos. Specifically. and inter alia,

4 Defendants have reproduced. distributed and publicly displayed the Photo, and derivative

5 thereof on their website without permission. consent or license from Plaintiff (or its

6 predecessor-in-interest), the rightsholder to the Photo. Further, and inter alia, Defendants

7 have falsely claimed to hold rights to the Photo and have improperly authorized and

8 licensed use of the Photo to numerous individuals and entities as part of their licensing

9 business. As such, they have facilitated hundreds if not thousands of additional acts of

10 infringement by third parties.

11 19. For example, on their website. Defendants have offered the Photo for licensed

12 use by third parties, representing in the process that they have the right to provide such

13 licenses. A tlUe and correct copy of a screencapture of Defendants' website, showing the

14 Photo being offered for licensing to third parties, is attached as Exhibit D.

15 20. To make matters worse. Defendants falsely credit "Obama For

16 America/Handout /Reuters/Corbis" for the Obama Photo publically displayed on the

17 Website. (See Exhibit D.)

18 2l. Defendants have made thousands, if not hundreds of thousands, of dollars

19 from the (improper) licensing of the Photo to entities throughout the world, including but

20 not limited to the United States, Israel and the United Kingdom.

21 22. Defendants possess no valid permission, consent, or license to reproduce,

22 publicly display, distribute or make any other use of the Photo. They similarly possess no

23 permission, consent or license to sublicense use of the Photo. As such. Defendants'

24 unauthorized exploitation of the Photo violates ofIconic's exclusive rights to the Photo, as

25 secured under the federal Copyright Act, 17 U.S.c. § 106, and constitutes wholesale

26 copyright infringement.

27 / / /

28 / / / 4

COMPLAINT

23. It is unknown how long these alleged violations have been occurring.

2 However. violation ofIconic's exclusive rights under 17 U.S.c. ~ 106 appear to be on-

3 going, wanton and in willful disregard ofIconic's legal rights, despite being put on notice

4 about the infringement almost a year ago.

5 24. Specifically, Iconic's predecessor-in-interest, Ms. Baldwin, reached out to

6 Defendants in an effort to resolve this matter. She worked diligently for close to a year to

7 reach an amicable resolution with Defendants. However. Defendants refused to take any

8 remedial steps whatsoever and informed Ms. Baldwin that, even though they had profited

9 from the licensing of the Photo, they would not pay her a cent for the use of the Photo. To

10 make matters worse, despite the fact that Ms. Baldwin repeatedly put Defendants on notice

11 regarding their infringing conduct and their failure to properly attribute the photograph to

12 her, Defendants have continued to license and otherwise exploit the Photo in wanton and

13 willful infringement of Plaintiff's rights thereto and continue to do so to this very day.

14 They also flatly refused to even provide Ms. Baldwin with a proper credit for having

15 authored the Photo.

16 25. Thus, although every possible effort has been made to avoid litigation,

17 Defendants have given Plaintiff no alternative but to file suit to protect its basic intellectual

18 property rights from willful infringement by, ironically, two of the world's most

19 sophisticated licensing corporations-corporations that aggressively enforce and protect

20 their own intellectual property rights from infringement.

21

22

23

FIRST CLAIM FOR RELIEF

(Copyright Infringement, 17 U.S.C. § 501)

24 26. PlaintiffIconic incorporates here by reference the allegations in paragraphs 1

25 through 25 above.

26 27. Iconic is the owner of all rights, title and interest in the copyrights to the

27 Photos, which substantially consist of material wholly original with PlaintitT and which are

28 copyright subject matter under the laws of the United States. Iconic has complied in all

5 COMPLAINT

respects \vith the Copyright Act and all of the laws of the United States goveming

2 copyrights. The Photos have been registered with the United States Copyright Office, U.S.

3 Copyright Registration No. VAOOO 1868396.

4 28. Defendants have directly, vicariously and/or contributorily infringed, and

5 unless enjoined. ,,-ill continue to infi'inge Iconic's copyrights by reproducing, displaying.

6 distributing and utilized the Photos for purposes of trade violation of 17 U.S.c. § 501 et

7 seq.

8 29. Defendants have willfully infringed, and unless enjoined, will continue to

9 infringe Iconic's copyrights by knowingly reproducing, displaying, distributing and

10 utilizing the Photos for purposes of trade. Indeed, Defendants have been previously placed

11 on notice by Iconic about the illegal nature of Defendants' acts.

12 30. Defendants have also knowingly induced, caused or materially contributed to

13 the infringing conduct of third parties and/or have obtained a direct financial benefit

14 therefrom while possessing the right and ability to control the infringing conduct of third

15 parties.

16 31. Defendants have received substantial benefits in connection with the

17 unauthorized reproduction, display, distribution and utilization of the Photos for purposes

18 of trade, including the procurement of illicitly and improperly obtained licensing fees.

19 32. All of the Defendant's acts are and were performed without the permission,

20 license or consent ofIconic or its predecessor-in-interest.

21 33. The said wrongful acts of Defendants have caused, and are causing, great

22 injury to Iconic, which damage cannot be accurately computed, and unless this Court

23 restrains Defendants from further commission of said acts, Iconic will suffer irreparable

24 injury, for all of which it is without an adequate remedy at law. Accordingly, Iconic seeks

25 a declaration that Defendants are infringing Iconic's copyrights and an order under 17

26 U.S.c. § 502 enjoining Defendants from any further infringement ofIconic's copyrights.

27 34. As a result of the acts of Defendants alleged herein, Iconic has sufTered and is

28 suffering substantial damage to its business in the form of diversion 'of trade, loss of profits,

6 COMPLAINT

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injury to goodwill and reputation, and the dilution of the value of its rights, all of which are

not yet tlllIy ascertainable.

SECOND CLAIM FOR RELIEF

(Israel Copyright Infringement, Israel Copyright Act of 2007, §§ 11, 47, 48, and 54,

against all Defendants)

35. Iconic realleges and incorporates herein by reference every allegation

contained in paragraphs 1 through 25.

36. Iconic rea lIeges that it is the owner of all rights, title and interest in and to the

Photo, including the copyright thereto.

37. The Photo substantially consists of material wholly original to the author

thereof, whose rights thereto are now held by Plaintift~ and is copyright subject matter

protected under the laws of Israel and its Copyright Act of 2007.

38. Pursuant to the Berne Convention for the Protection of Literary and Artistic

Works, to which Israel is a signatory and member, Israeli law and its Copyright Act of

2007 establish that all the dispositions of the law are equally applicable to creative works

published in foreign countries, regardless of the author's nationality, so long as the author's

nation of origin is a signatory to the Berne Convention.

39. Iconic is a corporation incorporated in the state of California of the United

States, and the United States is a signatory to the Berne Convention.

40. Under the principle of national treatment, therefore, the copyright protection

granted to the creative \\lorks of Iconic is the same as that which Israeli law would grant to

the creative works of an Israeli author.

41. Pursuant to the Berne Convention, national treatment for foreign works is

given without any formality. Article 5 paragraph 2 of the Convention states that the

enjoyment and the exercise of these rights will not be subordinated to any formality and

both are independent of the existence of protection in the country of origin of the work. As

a consequence, the Copyrighted Works obtain national treatment without any formality.

7

COMPLAINT

1 42. Defendants have directly, vicariously and/or contributorily (i.e., 'indirectly')

2 infringed, and unless enjoined, will continue to infringe Iconic's Israeli copyrights in

3 violation of, inter alia, the Israel Copyright Act of 2007, §§ 11, 47, 48, and 54, by

4 reproducing, displaying, distributing and uti I izing for purposes of trade unauthorized

5 derivative versions of the Photo and the copyrighted elements therein, in Israel.

6 43. Defendants have willfully infringed, and unless enjoined, will continue to

7 infringe Iconic's Israeli copyrights in violation of the Israel Copyright Act of2007, §§ 11,

8 47,48, and 54, by knowingly reproducing, displaying, distributing and utilizing for

9 purposes of trade and promotion unauthorized derivative versions of the Photo and the

10 copyrighted elements therein.

11 44. Defendants have has received substantial benefits in connection with the

12 unauthorized reproduction, display, distribution and utilization for the purposes of trade

13 and promotion of derivative versions of the Photo and the copyrighted elements therein.

14 45. Defendants' acts are and were performed without the permission, license, or

15 consent ofIconic.

16 46. The said wrongful acts of Defendants have caused, and continue to cause,

17 great injury to Iconic, which damage cannot be accurately computed, and unless this Court

18 restrains Defendants from further commission of said acts, Iconic will suffer irreparable

19 injury, for which it is without an adequate remedy at law. Accordingly, Iconic seeks a

20 declaration that Defendants are infringing Iconic's copyrights and an order under the Israel

21 Copyright Act of 2007, §§ 11, 47,48, and 54, enjoining Defendants from any further

22 infringement ofIconic's copyrights.

23 47. As a result of the acts of Defendants alleged herein, Iconic has suffered and is

24 suffering substantial damage in the form of loss of profits, injury to goodwill and

25 reputation, and the dilution of the value of his rights, all of which are not yet fully

26 ascertainable.

27 / / /

28, / / /

8 COMPLAINT

THIRD CLAIM FOR RELIEF

2 (United Kingdom Copyright Infringement, United Kingdom Copyright,

3 Designs and Patents Act 1988, § 96, against all defendants)

4 48. Iconic re-alleges and incorporates herein by reference every allegation

5 contained in paragraphs 1 through 25.

6 49. Iconic realleges that it is the owner of all rights. title and interest in and to the

7 Photo, including the copyright thereto.

8 50. The Photo substantially consists of material ,vholly original to the author

9 thereof, whose rights thereto are now held by Plaintiff. and is copyright subject matter

10 protected under the laws of the United Kingdom and its Copyright. Designs and Patents

11 Act 1988, § 96 et seq.

12 51. Pursuant to the Berne Convention for the Protection of Literary and Artistic

13 Works, to which the United Kingdom is a signatory and member. United Kingdom law and

14 its Copyright, Design and Patent Act 1988 establishes that all the dispositions of the law

15 are equally applicable to creative works published in foreign countries, whatever the

16 nationality of their authors is, so long as those author's nation of origin is a signatory to the

17 Berne Convention.

18 52. Iconic is a corporation incorporated in the state of California of the United

19 States, and the United States is a signatory to the Berne Convention.

20 53. Under the principle of national treatment, therefore. the copyright protection

21 granted to the creative works ofIconic is the same as that which United Kingdom law

22 would grant to the creative works of a United Kingdom author.

23 54. Pursuant to the Berne Convention. national treatment for foreign works is

24 given without any formality. Article 5 paragraph 2 of the Convention states that the

25 enjoyment and the exercise of these rights will not be subordinated to any formality and

26 both are independent of the existence of protection in the country of origin of the work. As

27 a consequence, Iconic's creative works obtain national treatment without any formality.

28 / / / 9

COMPLAINT

1 55. Defendants have directly, vicarious and/or contributorily infringed, and unless

2 enjoined, will continue to infringe leonic's United Kingdom copyrights in violation of

3 United Kingdom Design, Copyright and Patent Act 1988, ~ 96 et seq., by reproducing,

4 displaying, distributing and utilizing for purposes of trade unauthorized derivative versions

5 of the Photo and the copyrighted elements therein, in the United Kingdom.

6 56. Defendants have willfully infringed, and unless enjoined, will continue to

7 infringe Iconic's United Kingdom copyrights in violation of United Kingdom Copyright,

8 Designs and Patents Act 1988, § 96, by knowingly reproducing, displaying, distributing

9 and utilizing for purposes of trade and promotion unauthorized derivative versions of the

10 Photo and the copyrighted elements therein.

11 57. Defendants have received substantial benefits in connection with the

12 unauthorized reproduction, display, distribution and utilization for purposes of trade and

13 promotion of derivative versions of the Photo and the copyrighted elements therein.

14 58. All of the Defendants' acts are and were performed without the permission,

15 license or consent of Iconic.

16 59. The said wrongful acts of Defendants have caused, and are causing, great

17 injury to Iconic, which damage cannot be accurately computed, and unless this Court

18 restrains Defendants from further commission of said acts, Iconic will sufTer irreparable

19 injury, for all of which it is without an adequate remedy at law. According, Iconic seeks a

20 declaration that Defendants are infringing Iconic's copyrights and an order under United

21 Kingdom Copyright, Designs and Patent Act 1988, ~ 96 et seq., enjoining Defendants from

22 any further infringement ofIconic's copyrights.

23 60. As a result of the acts of Defendants alleged herein, Iconic has suffered and is

24 suffering substantial damage to its business in the form of diversion of trade, loss of profits,

25 injury to goodwill and reputation, and the dilution of the value of its rights, all of which are

26 not yet fully ascertainable.

27 / / /

28 / / / 10

COMPLAINT

PRA YER FOR RELIEF

2 WHEREFORE, Plaintiffs request judgment against Defendants as follows:

1. F or an order permanently enjoining Defendants, their officers, agents,

4 servants, employees, representatives, and attorneys, and all persons in active concert or

5 participation with them, from designing, copying, reproducing, displaying, promoting,

6 advertising, distributing, or selling, or engaging in any other fonn of dealing or

7 transaction in, any and all products and services (including advertising and promotional

8 materials, print media, signs, internet web sites, or any other media related thereto).

9 either now known or hereafter devised, that infringe, contributorily infringe, vicariously

10 infringe, or induce infringement of Plaintiffs copyrights in the Photo.

11 2. For the entry of a seizure order directing the U.S. Marshall to seize and

12 impound all items possessed, owned or under the control of Defendants, their officers,

13 agents, servants, employees, representatives and attorneys, and all persons in active

14 concert or participation with them, which infringe upon PlaintiffIconic' s copyrights,

15 including but not limited to any and all broadcasting materials, advertising materials,

16 print media, signs, Internet web sites, domain names, computer hard drives, servers or

17 any other media, either now known or hereafter devised, bearing any design or mark

18 which infringe, contributorily infringe, or vicariously infringe upon PlaintiiTIconic's

19 copyrights in the Photo as well as all business records related thereto, including, but not

20 limited to, lists of advertisers, clients, customers, viewers, distributors, invoices,

21 catalogs, and the like.

22 3. F or actual damages and disgorgement of all profits derived by Defendants

23 from their acts of copyright infringement and to reimburse PlaintiffIconic for all

24 damages suffered by Plaintiffs by reasons of Defendants' acts, pursuant to 17 U.S.c. §§

25 504 (a)(1) & (b), United Kingdom Copyright, Designs and Patent Act 1988, §§ 96(2)

26 and 103, and the Israel Copyright Act of 2007.

27 / / /

28 / / / 11

COMPLAINT

4. F or an accounting of all profits, income, receipts or other benefit derived by

2 Defendants from the reproduction, copying, display, promotion, distribution or sale of

3 products and services, or other media, either now known or hereafter devised, that

4 improperly or unlawfully infringe upon Plaintiffs copyrights pursuant to 17 U.S.c. §§

5 504 (a)( 1) & (b), United Kingdom Copyright, Designs and Patent Act 1988, §§ 96(2)

6 and 103. and the Israel Copyright Act of 2007, §§ 11,47,48, and 54.

7 5. For statutory damages for copyright infringement, including willful

8 infringement, in accordance with 17 U.S.c. §§ 504(a)(2) & (c) and for statutory damages

9 for copyright infringement, including willful infringement, in accordance with the Israel

10 Copyright Act of 2007, § 56.

11 6. For costs and interest pursuant to 17 U.S.c. §§ 504 (a)(1) & (b), 17 U.S.c.

12 § 505, United Kingdom Copyright, Designs and Patent Act 1988 §§ 96(2) and 103, and

13 the Israel Copyright Act of 2007.

14 7. For reasonable attorneys' fees incurred herein pursuant to 17 U.S.c. § 505,

15 and United Kingdom Copyright. Designs and Patent Act 1988, §§ 96(2) and 103, and the

16 Israel Copyright Act of 2007.

17 8. For punitive / "additional damages" for each and every act of copyright

18 infringement, in accordance with United Kingdom Copyright, Designs and Patent Act

19 1988, § 97(2).

20 9. For an order permanently enjoining Defendants, their officers, agents,

21 servants, employees, representatives, and attorneys, and all persons in active concert or

22 participation with them, from making any use of the Photo without providing proper

23 attribution and photo crediting to Iconic and its predecessor-in-interest, the author of the

24 Photo, Sylvia Wells Baldwin.

25 / / /

26 / / /

27 / / /

28 12

COMPLAINT

10. For any such other and further relief as the Court may deem just and

2 appropriate.

4 Dated: December 16. 2013

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ONE LLP

///r By: 4/t/i4-1 / /1:

Joh'n Tehrani~n Attorneys for Plaintiff, Iconic Images, LLC

13 COMPLAINT