\

JS 44C/SDNY
REV. 4/2014
^GEPMm
CIVIL COVER SHEET
OCT 1 02014
The JS-44 civil cover sheetand theinformation contained herein neither replace nor si
pleadings or other papers asrequired by law, except asprovided **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 filing and
|rm, approved^
;ourt for the 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(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)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 ARBITRATION CASE?
(PLACEAN[x]IN ONE BOXONLY)
TORTS
No E Yes
NATURE OF SUIT
ACTIONS UNDER STATUTES
[ 1110
I ]120
11130
[1140
[1150
[ 1151
I 1152
[ 1153
[ 1160
I 1190
[ 1195
[ 1196
PERSONAL INJURY
[ ] 310 AIRPLANE
[ ] 315 AIRPLANE PRODUCT
LIABILITY
[ ] 320 ASSAULT, LIBEL &
SLANDER
[ ] 330 FEDERAL
EMPLOYERS'
LIABILITY
[ ] 340 MARINE
[ ] 345 MARINE PRODUCT
LIABILITY
[ ] 350 MOTORVEHICLE
[ ] 355 MOTORVEHICLE
PRODUCT LIABILITY
[ ] 360 OTHERPERSONAL
INJURY
I ] 362 PERSONALINJURY-
MED MALPRACTICE
PERSONAL INJURY FORFEITURE/PENALTY
[ ] 367 HEALTHCARE/
PHARMACEUTICAL PERSONAL j j 625 DRUG RELATED
INJURY/PRODUCT LIABILITY SEKURE 0F PROPERTY
[ ] 365 PERSONAL INJURY 21 USC881
PRODUCT LIABILITY . . 6g00THER
[ ]368 ASBESTOS PERSONAL l '
INJURY PRODUCT
LIABILITY
PERSONAL PROPERTY
[ ] 370 OTHER FRAUD
[ ] 371 TRUTH INLENDING
INSURANCE
MARINE
MILLER ACT
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 PROPERTY DAMAGE
PRODUCT LIABILITY
PRISONER PETITIONS
[ ] 463 ALIEN DETAINEE
[ ] 510 MOTIONSTO
VACATE SENTENCE
28 USC 2255
[ ] 530 HABEAS CORPUS
[ ] 535 DEATH PENALTY
[ ] 540 MANDAMUS &OTHER
ACTIONS UNDER STATUTES
CIVIL RIGHTS
[ ] 440 OTHERCIVIL RIGHTS
(Non-Prisoner)
[ ] 441 VOTING
[ ] 442 EMPLOYMENT
[ ] 443 HOUSING/
ACCOMMODATIONS
[ ] 445 AMERICANS WITH
DISABILITIES -
EMPLOYMENT
[ ] 446 AMERICANS WITH
DISABILITIES -OTHER
[ ] 448 EDUCATION
BANKRUPTCY
[ ] 422 APPEAL
28 USC 158
[ ] 423 WITHDRAWAL
28 USC 157
PROPERTY RIGHTS
M 820 COPYRIGHTS
[ ] 830 PATENT
[ ] 840 TRADEMARK
SOCIAL SECURITY
[ ]861 HIA(1395ff)
[ J862 BLACK LUNG (923)
[ ] 863 DIWC/DIWW (405(g))
[ ] 864 SSID TITLEXVI
[ 1865 RSI (405(g))
FEDERAL TAX SUITS
[ ] 870 TAXES (U.S. Plaintiff or
Defendant)
[ ] 871 IRS-THIRD PARTY
26 USC 7609
REAL PROPERTY
LABOR
[ ] 710 FAIR LABOR
STANDARDS ACT
[ ] 720 LABOR/MGMT
RELATIONS
[ ] 740 RAILWAY LABOR ACT
[ ] 751 FAMILY MEDICAL
LEAVE ACT (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 245
[ ]290
LAND
CONDEMNATION
FORECLOSURE
RENT LEASE &
EJECTMENT
TORTS TO LAND
TORT PRODUCT
LIABILITY
ALL OTHER
REAL PROPERTY
Checkifdemanded in complaint:
CHECK IFTHIS IS ACLASS ACTION
UNDER F.R.C.P. 23
PRISONER CIVIL RIGHTS
[ ] 550 CIVILRIGHTS
[ ] 555 PRISON CONDITION
I ] 560 CIVILDETAINEE
CONDITIONS OF CONFINEMENT
OTHER STATUTES
[ ] 375 FALSE CLAIMS
t j 400 STATE
REAPPORTIONMENT
[ ] 410 ANTITRUST
[ ] 430 BANKS &BANKING
[ ] 450 COMMERCE
[ ] 460 DEPORTATION
[ ] 470 RACKETEER INFLU
ENCED & CORRUPT
ORGANIZATION ACT
(RICO)
[ ] 480 CONSUMER CREDIT
[ ] 490 CABLE/SATELLITE TV
[ ] 850 SECURITIES/
COMMODITIES/
EXCHANGE
[ ] 890 OTHERSTATUTORY
ACTIONS
[ ] 891 AGRICULTURAL ACTS
[ ] 893 ENVIRONMENTAL
MATTERS
[ ] 895 FREEDOM OF
INFORMATION ACT
[ ] 896 ARBITRATION
[ ] 899 ADMINISTRATIVE
PROCEDURE ACT/REVIEW OR
APPEAL OF AGENCY DECISION
[ ] 950 CONSTITUTIONALITY OF
STATE STATUTES

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

DOCKET NUMBER
JUDGE
DEMAND $_
OTHER
Check YES onlyifdemandedincomplaint
JURY DEMAND: S YES CnO
NOTE: You mustalsosubmit at the time offiling the Statementof Relatedness form (Form IH-32).
(PLACEAN xIN ONE BOXONLY) 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
(PLACEAN xinoneboxonlyT^"0"' BASIS OF JURISDICTION SSSSKmSS?"
n 1USPLAINTIFF D2U.S. DEFENDANT S 3FEDERAL QUESTION CK DIVERSITY CITIZENSHIP BELOW.
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
PTF DEF
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
PTF DEF
[]3[]3
PTF DEF
INCORPORATED andPRINCIPAL PLACE [ ] 5 [ ] 5
OF BUSINESSINANOTHER 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
[16 []6
""^^^IfSS^^fiSS^T. AT THIS TIME, IHAVE 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. mi^^^^^^ jf ^ gpR|SONER PET|TION/PRISONER CIVIL RIGHTS
COMPLAINT.)
'SIGNATURE OF ATTORNEY OF
/ft*//
IPT # >
Magistrate Jutlgeisto be designated by the clerk ofthe Cot^pJ^Vi^
Magistrate Judge
Ruby J. Krajick, Clerkof Court by.
Deputy Clerk, DATED.
UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)
Clear Form
Save
ADMITTED TO PRACTICE INTHIS DISTRICT
[ ] NO
\A YES (DATE ADMITTED Mo. 10 Yr. 1982 )
Attorney Bar Code # EG 5553
is so Designated.
Print
JUDGE PAULEY
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICTOF NEW YORK
14 cv
81^1
ARMEN DJERRAHIAN,
Plaintiff,
-against-
THE SOURCE.COM, LLC, and
THE NORTHSTAR GROUP d/b/a
THE SOURCE
Defendants.
COMPLAINT
ECF CASE
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 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 of New
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 belief adomestic business entity, authorized
to do business in the state of New York with an address to do business at 29 West 46'
Street, 3rd Floor, New York, NY 10036.
CO
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51!
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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 ofNew York is proper pursuant to 28 U.S.C.
1400.
FACTS COMMON TO ALL CLAIMS
8. That Plaintiff DJERRAHIAN is asuccessful professional photographer with
many years ofexperience and aconsiderable 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 ofthe Year" atthe 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.
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 ofthe 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, Meek Mill, Omarion, Stalley,
and Wale. Aportion of such images were published in the August/September 2012 issue
of Vibe Magazine.
19. One ofsuch images ofthe 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").
20. DJERRAHIAN is well known as the creator ofthe 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 ofalbums and has had at least five (5) albums reach #1
on the Billboard music charts.
25. Ross is the founder and head ofthe record label imprint Maybach Music
Group, alsoknown 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 ofNew York.
28. Gunplay is ahip hop recording artist who has released several mixtapes, as
well as the studio albums "Medellin" and"LivingLegend".
29. The Subject Images ofRoss 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
nature.
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 of Ross 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 ofthe Subject Images are important elements ofhip 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 of Gunplay 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 ofcelebrities, 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 ordemographic is "urban" and it purports
tocover urban culture including rap and hip hop music as well as other forms of
entertainment and news of interest to its predominantly urban audience.
41. Defendants have employed the Subject Images in multiple forms on its
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' ", acopy 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' ", acopy of which is annexed hereto as Exhibit "C".
45. DJERRAHIAN has nevergranted either of defendants any license, nor
provided authorization or consent to either of defendants 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", acopy ofwhich is annexed hereto as Exhibit "D".
47. Defendants never sought nor obtained a license byDJERRAHIAN to use
either of the Subject Images as complained of herein.
48. Pursuant toFederal Rule 11, Plaintiff has sought toobviate 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 it on the New York Department of
State website, 215 Park Avenue South, 11th Floor, New York, New York 10003, 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 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 awritten 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 of Plaintiffscopyright, 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 awritten 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 inany 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
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 aresolution 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 ofthem, have apparently removed the
Subject Images from www.thesource.com.
58. That the full nature and extent ofall infringing uses ofplaintiff s Subject
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 alicense, 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 oftheir 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 prior to its uses of same.
62. Plaintiff is committed to protecting his copyright inthe Subject Image.
63. Plaintiffhas filedan actionagainst Ross andothers in the United statesDistrict
Court for the Southern District of New York, index number 14-cv-3291, before Judge
Oetken, sounding in copyright infringement, based onallegations of their unauthorized
uses of the Subject Image and other 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 byreference with respect to each of
the below claims for relief.
FIRST CLAIM 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 under Section 501 of the Copyright 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.
71. That, upon information and belief, defendant(s)' uses ofthe Ross Image in
violation ofPlaintiff s copyright were negligent in that itknew or should have known that
it was without a license for the use(s) complained of herein.
72. Upon information and belief, defendants, or one or more of them, had actual
and/or constructive knowledge and/or through the exercise ofordinary 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 ofPlaintiffs Ross Image on its website or in any
other medium employed by defendants, or one or more ofthem, and that any such use
would be in violation of Plaintiffs copyright.
73. Plaintiff is aprofessional photographer who earns his livelihood by licensing
rights tothird parties toemploy his photographic images.
74. That as a result of Defendant(s)' acts, Plaintiff has been and will continue to be
damaged inanamount as yet to bedetermined.
75. That as a 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).
SECOND CLAIM 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, inconnection withthe website, www.thesource.com. was and is without the
plaintiffs authorization, license or consent.
77. The Defendants, or one or more of 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 ofthe Copyright Act in violation ofthe rights
granted to DJERRAHIAN as copyright holder.
79. That the useof each image by eachdefendant constitutes a separate and distinct
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 andbelief, defendant(s)' uses of the Gunplay Image in
violation of Plaintiff s copyright were negligent inthat it knewor should have known that
it was without a license for the use(s) complained of herein.
82. Upon information andbelief, defendants, or oneor more of them, hadactual
and/or constructive knowledge and/or through the exercise of ordinary business care
and/or the examination of public records, knewor shouldhave known that Plaintiff held
the copyright inthe Gunplay Image, that defendant(s) never had a license, consent, or
authorization by Plaintifffor the useof the Gunplay Image on its website or in anyother
medium employed by defendants, or one or more of them, andthat any suchuse would
be in violation of Plaintiffs copyright.
83. Plaintiffis a professional photographer whoearns his livelihood by licensing
rights to third partiesto 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 result of defendant(s)' copyright infringement of Plaintiff s Gunplay
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
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 17 U.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, inamounts to be determined at trial; or (B) inthe alternative, at plaintiffs
election, awardto plaintiff maximum statutorydamagespursuant to 17 U.S.C. 504 for
each individual act of infringement, andfor an orderof injunction permanently enjoining
andprohibiting the defendant, including but not limited to wholly ownedsubsidiaries,
from employing or utilizing inanymanner or media whatsoever, including all future
uses, sales, transfers, assignments, or licensing of anyandall of plaintiff s copyrighted
Image, pursuant to 17 U.S.C. 502 and for an award ofcosts and attorneys fees
pursuant to 17 U.S.C. 505;
ON THE SECOND CLAIM- (A) Awardto plaintiff his actual damages
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 toplaintiff maximum statutory damages pursuant to 17 U.S.C. 504
for each individual act of infringement, and for anorder of injunction permanently
enjoining and prohibiting the defendant, including but not limited to wholly owned
subsidiaries, affiliates and assigns, from employing or utilizing inany manner or media
whatsoever, including all future uses, sales, transfers, assignments, or licensing of any
and all ofplaintiff 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 sums due;
And such other and further relief as this Court may deemjust and proper inclusive
ofany and all relief or remedies allowable by the statutes referenced above orapplicable
hereinabove.
Dated: New York, NY
October 10, 2014
Yours, etc.,
EDWAB&C. GREENBERG,
idwaraC. Greenberg, Esq. (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
Attorneysfor Plaintiff
Certificate of Registration
STiTf.,
This Certificate issued under the seal ofthe Copyright
Office inaccordance with title 17, 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 of Copyrights, United States of America
Registration Number
VA 1-908-336
Effective date of
registration:
April 4,2014
Title
Title of Work: XXL Magazine:Rick Ross
Number 4
Titleof LareerWork: XXLMsgazinerriclcrossO1c
Dateoa Copie"uly/Aug 2010
Number 01c D'eon CoptesJuly/AiigZOlO
XXL Magazine:rickross02c
Number 02c Date obCopiesJuly/Aug 2010
XXL Magazine:rickross03c
Number 03c Date 00 CopiesJuiy/Aug2010
XXL Magazine:rickros$04c
Number 04c Date oa Capteyuly/Aug 2010
Completion/Publication
Author
Yearof Completion: 2010
Date of1st Publican*.: June 15,2010 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 of 2
Certificate ofRegistration
Title
This Certificate issuedunder the sealof the Copyright
Office in accordance with title i- I >nii <fSuue> CWe.
attests that registration has been made fur the work
identified below. The information on ihis certificate has
been made a pan ol the Copyright Otiice records.
IK
LA^^ti cuu^.
Register of Copyrights, UnitedStates ol America
Registration Number
VA 1-899-797
Effective date of
registration:
December 25.2013
Title of Work: VibemagazineAug/Sept 2012 feat Maybach Music Group's artists: Rick Ross. Meek
Mill. Wale. Omarion. Stallev. Gunplay
Completion/ Publication
Author
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 of 1st Publication: United States
Domiciled in: United States
Copyright Claimant: Armen Charles DjerTahian
164Russell Street. Apt#2R, Brooklyn.NY. 11222
Rights and Permissions
Name: Armen Charles Djerrahian
Email: armenftarmenexpo.com
Address: 164 Russell Street. Apt#2R
Brooklyn. NY 11222
Telephone: 646-642-1633
Certification
Name: ArmenDjerrahian
Date: December 25. 2013
Page I of :
Registration #: VA000190S336
Service Request #: 1-1338*22681
Armen Charles Djerrahian
164 Russell Street. AptR
Brooklyn, NY 11222
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Edward C. Greenberg, LLC
COUNSELORS AT LAW
570 LEXINGTONAVENUE, 19TH FLOOR
NEWYORK, NY 10022
TELEPHONE: (212) 697-8777
FACSIMILE: (212) 697-2528
ECGLAW@GMAIL.COM
I"
Tamara L. Lannin j Of Counsel:
My 11,2014 , Debra S. Reiser
BY HAND DELIVERY AND EMAIL
The Northstar Group
d/b/a TheSource Magazine
Mr. L. Londell McMillan
CEO and Attorney
29 West 46th Street, 3rd Floor j
New York, New York 10036 '
Llm@TheNorthStarGroup.Biz I
i
Re: Armen Djerrahian w/ The Northstar Group d/b/a TheSothrce.com;
Our File C439p/13 '
Dear Mr. McMillan:
We serve as retained copyright litigation counsel to Mr. Armen 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
"Rick Ross". A copy of our client's image of Rick Ross annexed hereto as Exhibit "A"
(the "Ross Image"). Mr. Djerrahian is the sole owner ofthe Ross Image, which was
registered with the United States Copyright Office on April 4,2014, registration number VA
1-908-336).
We further write regarding the unauthorized use of our client's image of the
performer "Gunplay". A copy of our client's image is annexed hereto as Exhibit "B" (the
"Gunplay Images"). Mr. Djerrahian is the sole owner of and holds the copyright in the
Gunplay Image, which was registered with the United States Copyright Office on December
25, 2013, registration number VA 1-899-797.
For the purposes ofthis letter, both the Ross Image and the Gunplay Image shall be
referred to separately and collectively as the Subject Image(s). You have employed both our
client's registered Ross Image and Gunplay Image at least on your website, "The Source"
(http://www.thesource.com). without our client's license, authorization or consent. A copy
of a? least three of the offending uses are annexed hereto as Exhibit "C.
Mr. Djerrahian is well known as the creator of the subject images. Notwithstanding,
no one from your company, nor an agent thereof, has ever sought or obtained a license from
Edward C. Greenberg, LLC
in electronic form or generated by your computer systems or ^^^^^
but not limited to its web sites. This information appears relevant to the above matters ana
Zyt Aliblefrom any other source. As you may know, such eecttomc information
cTeasiW^advertently destroyed and the failure to take reasonable measures to
Zeserte]tpending the completion of discovery can result in sanctions bemg^mposed
Sn7youPor you! company. See, ef <^^h^^fyl%g%2,
Cal 4th 1,74 Cal Rptr 2d 248; Zubulake v. UBS Warburg LLC (SDNY 2UUJ) iiurwJ/1 '
216.
In order to comply with the discovery requests that we will make in this matter you
may need I^provide elecfronic evidence in its native format. You may also need to provide
those electronic documents. Even when apaper copy of adocument or tile exists we win
STsSSS^Ls or files in their electronic format so that we also receive the
fnfomation in Metadata. Our discovery requests will include certamdataor.yourhard-
f^Zvy 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* Zintain and preserve during the pendency of the discovery planned mthis
case include all ofthe following data and devices:
1 Electronic files including deleted files and file fragments stored mmadita
readable format on magnetic optical or ottier storage me^ mclu^ng^d
drives or floppy disks in your client's desktop computers, laptop computers,
hTe^rsH"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;
Spreadsheets, including drafts and revisions;
6. Databases;
7.
5
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;
EDWARD C. GREENBERG, LLC
10. Data created with the use of or stored on personal data assistants such as
PalmPilot inclusive of substantially equivalent devices;
11. Data created, derived and/or edited with the use of editing software such as
Photoshop, Adobe, andanyaccompanying software;
12. Data created with the use of paper and electronic mail logging and routing
software;
13. 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 onany and all backup storage media; '
14. Logs of network use by you and your distributors and/or customer's
employees, whether kept in paperor electronic format;
15. Copies of your backup tapes and the software necessary to reconstruct the
data onthose tapes on each and every personal computer or workstation and
network server in yourclient'scontrol and custody;
16. Electronic information incopiers, fax machines andprinters;
17. Web-site files andrecords of any kind and all histories of those files;
18. All records of sales generated and processed through software for goods
employingthe offendingimage.
19. Records, copies, reproductions and evidence set forth above existing or
printed onphysical paper or paper product(s).
As previously stated, andas your legalcounsel 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 ofthe Court. We strongly urge you
to retain independent legal counsel andprovide him/her with a copy ofthis letter andits
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 ofour 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.
Very truly yours,