UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

~~-i;iii~i~~:---------------------------~ ~ ~~ Plaintiff,

-against-

BLACK ENTERTAINMENT TELEVISION, LLC

Defendants.

-------------------------------------------------------------x

511 COMPLAINT

ECFCASE

JUDGE OETKEN Plaintiff, ARMEN DJERRAHIAN, by his attorneys, EDWARD C.

GREENBERG, LLC alleges as follows:

PARTIES

1. Plaintiff ARMEN DJERRAHIAN (hereinafter "Plaintiff' or

"DJERRAHIAN") is an individual citizen of France, who is actively engaged in the

photography business in the State of New York and elsewhere, and who resides in

Brooklyn, New York 11222.

~

2. Defendant BLACK ENTERTAINMENT TELEVISION, LLC (hereinafter

"BET") is a foreign limited liability company duly organized and existing under the laws

of the District of Columbia, is authorized to do business in the State and County ofNew

York, and has upon information and belief, an office to do business located at 1540

Broadway, New York, New York 10036.

JURISDICTION AND VENUE

3. This is a civil action for copyright infringement.

4. Jurisdiction is conferred upon this Court by 28 U.S.C. § 1338.

/)

5. Venue in the Southern District ofNew York is proper pursuant to 28 U.S.C. §

1400.

FACTS COMMON TO ALL CLAIMS

6. That Plaintiff DJERRAHIAN is a successful professional photographer with

many years of experience and a considerable reputation.

7. 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.

8. DJERRAHIAN's work has been featured on the covers of several issues of

Vibe Magazine, and on The Wild Magazine, XXL Magazine, and numerous international

publications.

9. DJERRAHIAN has shot and directed music videos and commercials,

including a music video featuring R&B recording artist Melanie Fiona, which received a

nomination for [Best] "Video of the Year" at the 2010 BET Awards, sponsored by the

defendant herein.

10. 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.

THE IMAGES

11. On June 27, 2012, DJERRAHIAN shot images of rap music artist "Gunplay"

and other members of the record label imprint May bach Music Group, such as those

known as Rick Ross, Meek Mill, Omarion, Stailey and Wale. A portion of such images

were published in the August/September 2012 issue of Vi be Magazine.

12. 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 "Subject Image", a copy

of which is annexed hereto within Exhibit "A").

13. DJERRAHIAN is well known as the creator of the Subject Image, having

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

14. Upon information and belief, defendants knew, by actual and/or

constructive knowledge, that plaintiff was the creator of the Subject Image.

15. DJERRAHIAN duly registered the Subject 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").

16. Gunplay is a hip hop recording artist who has released several mixtapes, as

well as the studio albums "Medellin" and "Living Legend".

17. The Subject Image of Gunplay is iconic in the hip hop community.

18. Upon information and belief, various blogs referring to Gunplay have

purposely selected the Subject Image of him due at least in part to its value and attention

getting nature.

19. While other images of Gunplay, created by other photographers, are available

for licensing via conventional business methods, the Subject Image is not similarly

available for licensing.

20. The Subject Image creatively captures the personality Gunplay.

21. Upon information and belief, since the Subject Image's creation, the Subject

Image has helped to shape and form Gunplay's "brand" in the hip hop music community.

22. Each of the Subject Image is an important element of hip hop music culture.

23. The Image of Gunplay is upon information and belief, the definitive image of

Gunplay.

24. Defendant BET operates the website vvww.bet.com, a website publishing

news and content about aspects of hip hop culture including information pertaining to the

lives of celebrities, music, news, and television programs on BET's television station

"Black Entertainment Television", also known as "BET".

25. Defendant disseminates entertainment, news and information by way of

the world wide web, television, and upon information and belief video.

26. BET describes itself as "the leading provider of music, entertainment, and

lifestyle information for the African American and urban online audience."

27. 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 and news of interest to its predominantly urban audience.

28. That BET touts that it "has 100% brand recognition in the African-

American community", and is "one of the most trusted brands among African­

Americans.

29. Upon information and belief, BET targets "up to a half billion impressions

a month across premium publisher sites" and "specific ad network content like

entertainment, music, lifestyle and news."

30. The Subject Image is valuable to Defendant, helps to brand the defendant's

website.

THE OFFENDING USES OF THE IMAGES

31. Defendants have employed DJERRAHIAN' s Ross Image at least on its

website www.BET.com, under the heading "25 Best Twitter Moments of2013", a copy

of which is annexed hereto as Exhibit "C".

32. Defendant has employed the Subject Image on its website without a license

authorization or consent.

33. Upon information and belief, defendant's use of the Subject Image on its

website was intended to steer traffic to its website.

34. Upon information and belief, BET employed the Subject Image on its website

because the Subject Image attracts viewers, and owing to the image's notoriety,

economically illustrates, brands, and directs the viewer to other aspects and content of the

BET website.

35. Upon information and belief, other images of Gunplay are available on the

internet from photo stock licensing companies in exchange for modest licensing fees.

36. That rather than obtain an image of Gunplay from a stock photography

company, defendant selected and employed the Subject Image, without paying any

compensation to anyone in exchange for such use, and without obtaining plaintiff's

license, authorization or consent.

3 7. Defendant never sought nor obtained a license by DJERRAHIAN to use

either of the Subject Images as complained of herein.

38. DJERRAHIAN never granted defendant a license, nor provided

authorization or consent to defendant to use the Subject Image in any media whatsoever.

39. Pursuant to Federal Rule 11, Plaintiff has sought to obviate the filing of

suit.

40. On May 14, 2014, DJERRAHIAN, by his counsel, sent a written notice

letter to BET, addressed to the New York address of 1540 Broadway, New York, New

York 10036, advising it, inter alia, to remove our client's image from its website,

..!..!....!.!.....!..!..!~~~' that its use of the Subject Image was in violation of DJERRAHIAN' s

copyright, and that it has no right to use Subject Image in any way, shape or form

(hereinafter the "May 14, 2014 Letter", a copy of which is included within Exhibit "D",

sans its exhibits which are elsewhere attached to this Complaint).

41. The May 14, 2014 Notice Letter further sought a disclosure from

defendants of the full nature and extent of its unauthorized uses of the Subject Images so

that Plaintiff could in good faith formulate a reasonable fee to compensate him for the

unauthorized uses.

42. That no response was ever received to the May 14, 2014letter.

43. As of at least June 3, 2014, the Subject Image remained on the BET

website.

44. On June 10, 2014, DJERRAHIAN, by his counsel, sent a second written

notice letter to BET, addressed to its District of Columbia address of One BET Plaza,

1235 W Street NE, Washington, DC 20018, with an additional copy of the May 14,2014

Letter enclosed, again seeking a response to the May 14, 2014 letter (hereinafter the

"June 10, 2014 Letter", a copy of which is attached hereto as Exhibit "D", with its

referenced enclosure).

45. That BET responded to the June 20, 2014 Letter, but notwithstanding, the

parties have been unable to come to a resolution sans judicial intervention.

46. Plaintiff has sought to obviate judicial intervention and the filing of suit.

Such efforts have gone without success.

47. That defendant apparently removed the Subject Image from

www.bet.com.

48. The full nature and extent of all infringing uses of plaintiffs Subject

Image by defendant is 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.

49. Defendant has failed to disclose all manner and media in which it has

employed the subject image.

50. Defendant has failed to disclose all dates and locations for where it has

employed the subject image.

51. Defendant has 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.

52. Upon information and belief defendant is a sophisticated licensor and

licensee of intellectual property and knew that it must obtain the rights to intellectual

property created by third parties prior to its use of same.

53. Upon information and belief, defendant failed to adhere to the procedures and

protocols necessary for it to obtain the rights to use the Subject Image prior to its use of

same.

54. Plaintiff is committed to protecting his copyright in the Subject Image.

55. Plaintiff has filed actions against others in the United States District Court,

sounding in copyright infringement, for the alleged unauthorized use of the Subject

Image and other images created by plaintiff, including but not limited to index number

14-cv-3291, before Judge Oetken.

56. That the Defendant has no defenses at law to the claims set forth herein.

57. Paragraphs "1" through "55" are incorporated by reference with respect to the

below claim for relief.

FIRST CLAIM FOR RELIEF Copyright Infringement

Under Section 501 of the Copyright Act

58. That the use of the Plaintiffs Subject Image by the Defendant in connection with

the website, www.bet.com, was and is without the plaintiffs authorization, license or

consent.

59. The Defendant has infringed the copyright in Plaintifrs Subject Image.

60. The acts of the Defendant constitute federal statutory copyright infringement

under Section 501 of the Copyright Act in violation of the rights granted to

DJERRAHIAN as copyright holder.

61. Upon information and belief, Defendant's uses of the Subject Image were willful,

intentional, malicious, and in bad faith.

62. Upon information and belief, defendant's uses of the Subject Image in violation

of Plaintifr s copyright were negligent in that it knew or should have known that it was

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

63. Upon information and belief, defendant had actual and/or constructive knowledge

and/or through the exercise of ordinary business care and/or the examination of public

records, knew or should have known that Plaintiff held the copyright in the Subject

Image, that defendant(s) never had a license, consent, or authorization by Plaintiff for the

use of the Subject Image on its website or in any other medium employed by defendant,

and that any such use would be in violation of Plaintiffs copyright.

64. Plaintiff is a professional photographer who earns his livelihood by licensing

rights to third parties to employ his photographic images.

65. 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.

66. The Copyright Act enables a prevailing plaintiff to elect to recover statutory

damages attorneys' fees and costs under Section 504 and 505 of the Copyright Act, 17

U.S.C. Section 101 et., seq., or as an alternative to statutory damages, his actual damages

and any additional profits of the defendants, or one or more of them, which are

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

67. That Plaintiff has been harmed in an amount to be determined by this Honorable

Court.

68. 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.

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 defendant's infringements, and all profits realized as a result of its

infringements, in amounts to be determined at trial; or (B) in the alternative, at plaintiffs

election, award to plaintiff maximum statutory damages pursuant to 17 U.S.C. § 504 for

each individual act of infringement, and for an order of injunction permanently enjoining

and prohibiting the defendant, including but not limited to wholly owned subsidiaries,

from employing or utilizing in any manner or media whatsoever, including all future

uses, sales, transfers, assignments, or licensing of plaintiffs copyrighted Image, pursuant

to 17 U.S.C. § 502 and for an award of costs and attorneys' fees pursuant to 17 U.S.C. §

505;

Prejudgment interest on all sums due;

And such other and further relief as this Court may deem just and proper inclusive

of any and all relief or remedies allowable by the statutes referenced above or applicable

hereinabove.

Dated: New York, NY October 24, 2014 Yours, etc.,

EDWA

By: Edward C. Gre er q. (ECG 5553) By: Tamara L. Lannin, Esq. (TL 3784) 570 Lexington Ave., 19th Floor New York, NY 10022 Tel: (212) 697-8777 Fax: (212) 697-2528 Attorneys for Plaintiff

Certificate of Registration

fh ,) Ctrtific;lt~ i~~ued und~r th~ seai (lfthc: Copvright Otfi~c in a.:c.,rdancc with 1tlc n Uuin:d ~' rllo CC)(Ir.

llt')IS th.11 re"ttistration has h.-en made for the l'o• lrk

i dt>nt i fi ~d below. Th.:: infi1rmat inn on thi~ ,w1 J h.::~tC" n .. ~ ~"'-·n made a part o( the Copyngh t OHke rc(• l td~

Regtster of Ct)pyrights, United State;< ol America

Registratio• Nember

VA 1-899-797 Effective date of

registration:

December 25.2013

ntle ---------------------------Title of Work: Vibe magazine Aug/ Sept 2012 feat May bach Music Group's artists: Rick Ross, Meek

Mill. Wale, Omarion, Stailey. Gunplay

Completion/Publication -----------------­Year of Completion: 20 J 2

Author

Date of ht Publicatioa: September I, 2012

• Autbor: Annen Charles Djerrahian

Pseudonym: annenexpo

Author Created: photograph(s)

Citizen of: France

Year Bom: 1969

Copyright claimant Copyright Claimant: Annen Charles pjerrahian

Nation of ht Public:atioo: United States

Domiciled in: United States

164 Russell Street. Apt#2R, Brooklyn. NY, II 222

Rights and Pennissions

Certification

Name: Annen Charles Djerrahian

Email: annen~1 nnenexpo.com

Address: 164 Russell Street, Apt#2R

Brooklyn, NY 11222

Name: Am1en Djerrahian

Date: December 25 .2013

Telepbone: 646-642-163 3

Page I of 2

~ c

Tamara L. lannin

BY PRIORITY MAIL

I

. . I . EDWARD c. GREENBERG, LLC

~OUNSELORS +T LAW 570 LEXINGTON AVENlJE, 19TH FLOOR

. NEW YORK, NY 10022

TELEPHONE: {21~ 697-87.77 . FACSIMILE: (212). 697-25'28

ECGLAW@G. .COM

une 10, 2014

Black Entertainment Television, LLC At1n: Lawrence Cooper, General Counsel One BET Plaza 1235 W Street NE Washington, DC 20018

Re: Armen Dierrabian w/ Blilck En~rlainment Television, LLC Our File: C439p/13 · ·

I .

Of Counsel: Debra S .. Relser

Dear Mr. Cooper: . I . We enclose an additional copy ·of our letter to! you dated May 14, 2014 hand delivered to

the BET office located in New York. To date, we havrle not received any ~esponse fron1 you. Please provide a meaningful response to our letter by

1Tuesday, June 17,2014. I .

Failing s~me, we will be co~strained to pursut our client's available remedies.

cc: Armen Djen·ahian via email

Encl.

I

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~· 'AR.i::>c:-GREEN RG I

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EDWARD C. GREENBERG, LLC COUNSELORS AT LAW

Tamara L. Lannin tl.ecglaw@gmail.com

BY HAND DELIVERY

570 LEXINGTON A VENUE, 19n-t FWOR NEW YORK, NY 10022

TELEPHONE: (212) 697-8777 FACSIMILE: (212) 697 .. 2528

ecglaw@gmail.com

May 14,2014

Black Entertainment Television LLC Attn. General Counsel Business and Legal Affairs 1540 Broadway · New York, NY 10036

Re: Annen Djerrahian w/ BET; Onr File C439p/13

Dear Sir or Madam:

Of Counsel: Debra S. Reiser

We serve as retained copyright litigation counsel to Mr. Annen Djerrahian,.a photographer of considerable reputation. This·office routinely litigates matters of this nature.

. We write regarding the unauthorized uses of our client's image of the performer ''Gunplay''. A copy of our client's image is annexed hereto as Exhibit "A" (the "Subject Images"). Mr. Djerrabian is the sole owner of and holds the copyright in the Subject Image, which was registered with the United States Copyright Office on December 25, 2013, registration number VA 1-899-797. A copy of said registration is annexed hereto as Exhibit "B".

You have employed our client's registered image at least on your website, www. bet.com, without his license, authorization or consent. A copy of at least one offending use is annexed hereto as Exhibit "C".

Mr. Djerrahlan is well known as the creator of the subject images. Notwithstanding, no one from yom company, nor an agent thereof, has ever sought or obtained a license from Mr. Djerrahian .to employ the subject image for any purpose whatsoever. Rather, you appear to have simply employed the photographs at you.r election, without a license, authorization or consent from the copyright holder; this directly violates the exclusive rights granted to the copyright holder of the images.

As you must be aware, the use of a creator's photographic image without written consent or license is violative of the United States Code, Title 17, and The Copyright Act. Said federal statute affords the creator a plethora of remedies including one or more of the following: monetary relief in the form of compensatory and or statutory damages, an award qf attorney's fees and/or an injunction directing removal of the offending materials from the market place pending litigation.

Our client is committed to protecting his copyright and, as of the date of this letter, is involved in a litigation regarding the unauthorized use of his images. See inter alia, Djerrahian v. William Leonard Roberts, 1/p/k/a Rick Ross et al., 14 .. Cv-3291 (JPO) (Southern District of New York).

This letter shall serve as notice that You immediately cease and desist any and all unauthorized uses of our client's image. Any additional or further uses of our client's images will be at your peril.

If you are in possession of any contract, license,· agreement or writing of any kind or nature upon which you intend to rely for the proposition that such usage is authorized or in the alternative, conclusively establishes that our client's claim is without merit, formal request is made herein to provide same~ Such request is made pursuant to Federal Rule 11 in a good faith effort to obviate litigation. Failing the production of such license we will be constrained to assume that such usage is violative of law. In such event, we intend to institute suit against your production and any other appropriate defendants in the United States District Court for the Southern District of New York forthwith.

In the event you are not in possession of any exculpatory documents, and pursuant to our obligations under Rule 11, Rule 130 (and any other substantially equivalent rules or statutes)~ formal request is made herein for the following information and documents reflecting or demonstrating the requested information:

1. The full nature and extent of the use of our client's image, in any and all formats, inclusive of the broadcast media and websites described herein as well as distribution on any other websites or programs owned, operated, or affiliated by Your company, inclusive of: a description of such uses, the commencement of the terms of such use(s ), and location( s) of such uses or display ..

2. Representative copies in any and all tangible form and media in which our client's image were incorporated or employed;

3. The source of the image(s) and the identities of the persons or companies preparing, supplying, editing, and/or producing same;

4. Copies of written agreements or documents, with any and all persons or entities, referencing the creation, and reproduction regarding the offending use(s) of our client's image; .

2

5. Copies of any documents in any format upon which you intend to rely for the proposition that Mr. Djerrahian had knowledge of and/or agreed to have his images published by Your company, inclusive of any emails or documents of any kind by and between Your company (and/or those acting on your behalf) and Mr. Djerrahian (and/or those acting on his behalf);

6. Copies of any purported license or assignment relating to the images referenced herein and issued to.your company by any third party;

7. The nature and extent of any prospective license(s) you may be seeking to allow for prospective authorized use(s), or which will provide adequate time to remove the offending images from the web obviating plaintiff's need to seek judicial intervention for the purposes of obtaining an injunction prohibiting any and all uses such offending uses of his image;

8. Copies of any copyright registrations filed with any government or agency thereof referencing, relating· or -including the imagery complained of herein;

9. Copies of written agreements or documents, with any and all persons or entities with whom you have transferred, assigned, licensed, or provided the image, which reference the subject images and/or any corresponding products or publications in which the image(s) are employed;·

10. The identity of all third parties to whom You supplied the image(s).

11 ~ Data showing the web traffic and analytics for each page of Your website that has employed our client's Image without his license, authorization or consent.

12. Documents reflecting the sales figures and profits realized from use of our client's image by You, including but not li:Qlited to advertising sales, profits and revenue for Your website and/or company;

Upon receipt of such information we can fairly consider and determine an app~opriate amount of compensation which may ·or may not include the granting of a limited license for prospective use or in the alternative, a brief period of time within which to permit removal of the image from the production. It is not our client's preference_ to commence litigation and he would prefer to resolve the matter promptly and amicably. In order to do so, receipt of the .above requested information within seven (7) business days of date is essential.

The following is to formally notify you, your company, its agents, employees and contractors not to destroy, conceal or alter any goods, information, and/or images stored in electronic form or generated by your computer systems or electronic devices including but not limited to its web sites. This information appears relevant to the above matters and may be unavailable from any other source. As you may know, such electronic inforniation can easily be inadvertently destroyed and the failure to take reasonable measures to preserve it pending the completion of discovery can result in sanctions being imposed against you or your company. See, e.g., Cedars Sinai Med Ctr. v. Superior Ct. (1998) 18 Cal 4th 1, 74 Cal Rptr 2d 248; Zubulake v. UBS Warburg LLC (SDNY 2003) 220 FRD 212,216.

3

In order to comply with the discovery requests that we will make in this matter you may need to provide electronic evidence in its native fonnat You may also need to provide electronic documents, along with the metadata or information about data that is contained in those electronic documents. Even when a paper copy of a document or file exists, we will also seek the documents or files in their electronic format so that we also receive the information in the metadata. Our discovery requests will include certain data on your hard drives, floppy discs, and backup files, and will include data not usually available to the ordinary computer user, such as deleted files and file fragments.

Thus the electronic data and the storage devices in which they are kept that you are obligated to maintain and preserve during the pendency of the discovery planned in this case include all of the following data and devices:

1. Electronic files including deleted . files and file fragments, stored in machine-readable format on magnetic optical or other storage media, including hard drives or floppy disks in your client's desktop computers, laptop computers, home personaf computers, zip drives, external hard drives, usb keys, and the backup media used for each;

2. E-mail, both sent and received, internally or externally;

3. Telephone files and logs such as voicemail and universal mobile telecommunications systems (UMTS) data;

4. Word processing files, including drafts and revisions;

5. Spreadsheets, including drafts and revisions;

6. Databases;

7. Electronic files in portable storage devices such as floppy discs, compact discs, digital video discs, ZIP drives, thumb drives or pen drives;

8. Graphs charts and other data produced by project management software;

9. Data generated by calendaring, task management and personal information management software, such as Microsoft Outlook;

10. Data created with the use of or stored on personal data assistants such as Palm.Pilot inclusive of substantially equivalent devices;

11. Data created, derived and/or edited with the use of editing software such as Photoshop, Adobe, and any accompanying software;

12. Data created with the use of paper and electronic mail logging and routing software;

4

I 3. Internet and web-browser generated history files, caches, and "cookies" generated by your client or at the workstation of each employee in your client: s employ and on any and _all backup storage media;

14. Logs of network use by you and your distributors and/or customer's employees, whether kept in paper or electronic format;

15. Copies of your backup tapes and the software necessary to reconstruct the data on those tapes on each and every personal computer or workstation and network server in your client's control and custody;

16. Electronic information in copiers, fax machines and printers;

17. Web-site files and records of any kind and all histories of those files;

18. All records of sales generated and processed through software for goods employing the offending image.

19. Records, copies, reproductions and evidence set forth above. existing or printed on physical paper or paper product(s ).

As previously stated, and as your legal counsel will be aware, the failure to maintain such information, and any other electronic information which may be called upon in discovery, can lead to severe penalties in the discretion of the Court. We strongly urge you to retain independent legal counsel and provide him/her with a copy of this letter and its enclosures.

·We require delivery of the above sought documentation within seven (7) days of . date. Absent an exculpatory document or license, any and all uses of our client's images will be made at your peril. Should we fail to hear from either you or your counsel we will file suit in the United States District Court against your company and any other appropriate defendants without further notice.

cc: Annen Djerrahian via e mail

Encl.

5

JS 44C/SDNY REV. 4/2014

JUDGE OETKEN CIVIL COVERS~ 4 cv 51 The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for use of the Clerk of Court for the purpose of initiating the civil docket sheet.

PLAINTIFFS ARMEN DJERRAHIAN

DEFENDANTS ocr 2'4 20~~ BLACK ENTERTAINMENT TELEVISION, LLC l'f

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 A BRIEF 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 SONY at any time? Ndates0Judge Previously Assigned

If yes, was this case Vol. 0 lnvol. D Dismissed. No Yes D If yes, give date---------- & Case No.----------

Is THIS AN INTERNATIONAL ARBITRATION CASE? No~ Yes 0 (PLACE AN [x] IN ONE BOX ONLY) NATURE OF SUIT

CONTRACT

[ 1110 [ 1120 [ 1130 ! 1140

[ 1150

[ 1151 [ 1152

[ 1153

[ 1160

[ 1190

[ 1195

INSURANCE MARINE MILLER ACT NEGOTIABLE INSTRUMENT RECOVERY OF OVERPAYMENT & ENFORCEMENT OF JUDGMENT MEDICARE ACT RECOVERY OF DEFAULTED STUDENT LOANS (EXCL VETERANS) RECOVERY OF OVERPAYMENT OF VETERAN'S BENEFITS STOCKHOLDERS SUITS OTHER CONTRACT CONTRACT PRODUCT LIABILITY

[ 1196 FRANCHISE

REAL PROPERTY

[ ]210 LAND CONDEMNATION

[ )220 FORECLOSURE [ ] 230 RENT LEASE &

EJECTMENT [ )240 TORTS TO LAND [ )245 TORT PRODUCT

LIABILITY [ ]290 ALL OTHER

REAL PROPERTY

TORTS

PERSONAL INJURY

[ ]310 AIRPLANE [ ]315AIRPLANE PRODUCT

LIABILITY [ 1320 ASSAULT, LIBEL &

SLANDER [ I 330 FEDERAL

EMPLOYERS' LIABILITY

[ 1 340 MARINE I I 345 MARINE PRODUCT

LIABILITY I 1 350 MOTOR VEHICLE I 1 355 MOTOR VEHICLE

PRODUCT LIABILITY I 1 360 OTHER PERSONAL

INJURY [ 1 362 PERSONAL INJURY •

MED MALPRACTICE

ACTIONS UNDER STATUTES

CIVIL RIGHTS

PERSONAL INJURY FORFEITURE/PENAL TV [ ] 367 HEAL THCARE/ PHARMACEUTICAL PERSONAL [ 1625 DRUG RELATED INJURY/PRODUCT LIABILITY SEIZURE OF PROPERTY

I I 365 P~~gg~~~ l~i~~iTY 21 USC 881

[ I 368 ASBESTOS PERSONAL [ 1690 OTHER INJURY PRODUCT LIABILITY

PERSONAL PROPERTY

[ I 370 OTHER FRAUD [ 1371 TRUTH IN LENDING

[ I 380 OTHER PERSONAL PROPERTY DAMAGE

[ I 385 PROPERTY DAMAGE PRODUCT LIABILITY

PRISONER PETITIONS [ 1463 ALIEN DETAINEE

LABOR

[ 1710 FAIR LABOR STANDARDS ACT

[ I 720 LABORIMGMT RELATIONS

[ ]740 RAILWAY LABOR ACT [ I 510 MOTIONS TO [ 1 751 FAMILY MEDICAL

VACATE SENTENCE LEAVE ACT (FMLA) 28 usc 2255

[ I 530 HABEAS CORPUS [ I 790 OTHER LABOR [ I 535 DEATH PENALTY LITIGATION

[ 1440 OTHER CIVIL RIGHTS [ ] 540 MANDAMUS & OTHER [ I 791 EMPL RET INC (Non-Prisoner) SECURITY ACT

[ 1 441 VOTING IMMIGRATION [ 1442 EMPLOYMENT PRISONER CIVIL RIGHTS [ 1443 HOUSING/ [ 1462 NATURALIZATION

ACCOMMODATIONS [ 1550 CIVIL RIGHTS APPLICATION [ 1445 AMERICANS WITH [ J 555 PRISON CONDITION [ 1465 OTHER IMMIGRATION

DISABILITIES· [ 1560 CIVIL DETAINEE ACTIONS EMPLOYMENT CONDITIONS OF CONFINEMENT

[ 1446 AMERICANS WITH DISABILITIES -OTHER

[ ]448 EDUCATION

Check if demanded in complaint:

ACTIONS UNDER STATUTES

BANKRUPTCY

[ 1422 APPEAL 28 usc 158

[ 1423 WITHDRAWAL 28 usc 157

PROPERTY RIGHTS

[XI 820 COPYRIGHTS [ 1830 PATENT [ 1 840 TRADEMARK

SOCIAL SECURITY

[ ]861 HIA (1395ff) [ I 862 BLACK LUNG (923) [ 1863 DIWC/DWW'/ (405(g)) [ ] 864 SSID TITLE XVI [ I 865 RSI (405(g))

FEDERAL TAX SUITS

[ 1870 TAXES (U.S. Plaintiff or Defendant)

[ 1871 IRS-THIRD PARTY 26 usc 7609

OTHER STATUTES

[ 1375 FALSE CLAIMS [ 400 STATE

REAPPORTIONMENT [ 141 0 ANTITRUST [ 1430 BANKS & BANKING [ ]450 COMMERCE [ 1460 DEPORTATION [ 1470 RACKETEER INFLU·

ENCED & CORRUPT ORGANIZATION ACT (RICO)

[ 1480 CONSUMER CREDIT [ 1 490 CABLE/SA TEL LITE TV

( I 850 SECURITIES/ COMMODITIES/ EXCHANGE

( 1890 OTHER STATUTORY ACTIONS

( ) 891 AGRICULTURAL ACTS

( I 893 ENVIRONMENTAL MATTERS

[ 1 895 FREEDOM OF INFORMATION ACT

[ ] 896 ARBITRATION

[ I 899 ADMINISTRATIVE PROCEDURE ACT/REVIEW OR APPEAL OF AGENCY DECISION

950 CONSTITUTIONALITY OF STATUTES

D CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23

~Osb?~T)_~~ THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.?

DEMAND $ _____ OTHER _____ JUDGE ____________ DOCKET NUMBER~-----

Check YES only if demanded in co!!!Piaint JURY DEMAND: lR1 YES LNO NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32).

(PLACE AN x IN ONE BOX ONLY)

[!! 1 Original Proceeding

0 2 Removed from 0 3 State Court

D a. all parties represented

D b. At least one party is prose.

Remanded from Appellate Court

ORIGIN

D 4 Reinstated or Reopened

D 5 Transferred from D 6 Multidistrict (Specify District) litigation

D 7 Appeal to District Judge from Magistrate Judge Judgment

(PLACE AN x /NONE BOX ONLY) BASIS OF JURISDICTION 0 1 U.S. PLAINTIFF 2 U.S. DEFENDANT (!] 3 FEDERAL QUESTION 04 DIVERSITY

IF DIVERSITY, INDICATE CITIZENSHIP BELOW.

(U.S. NOT A PARTY)

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)

{Place an [X] in one box for Plaintiff and one box for Defendant)

PTF DEF CITIZEN OF THIS STATE

PTF DEF { ] 1 [ ] 1 CITIZEN OR SUBJECT OF A

FOREIGN COUNTRY

PTF DEF {] 3[ ]3 INCORPORATED and PRINCIPAL PLACE [] 5 [] 5

OF BUSINESS IN ANOTHER STATE

CITIZEN OF ANOTHER STATE [ ] 2 [ ] 2 INCORPORATED or PRINCIPAL PLACE [ ] 4 [ ]4 FOREIGN NATION [] 6 [] 6 OF BUSINESS IN THIS STATE

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

ARMEN DJERRAHIAN, 164 Russell Street, Brooklyn, NY 11222, Kings County

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

BLACK ENTERTAINMENT TELEVISION, LLC, 1540 Broadway, New York, New York 10036, New York County

DEFENDANT(S) ADDRESS UNKNOWN REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN

RESiftENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

Check one: THIS ACTION SHOULD BE ASSIGNED TO: 0 WHITE PLAINS ~ MANHATTAN (DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTS COMPLAINT.)

DATE 10/24/~014 SIGNA RE OF ATTORNEY OF RECORD ADMITTED TO PRACTICE IN THIS DISTRICT []NO

~ '/"/ [)(! YES(DATEADMITTED Mo.1_0 __ Yr.~) RECEIPT# ~ /.., Attorney Bar Code# EG 5553

Magistrate ge is to be esignate the Cl rk of the Cou~1 U'' JUI)Gf. GCii\£NsrflN Magistrate Judge i1Jl\U is so Designated.

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

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

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