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CLOSED

U.S. District Court District of Maryland (Greenbelt) CIVIL DOCKET FOR CASE #: 8:10-cv-00877-DKC

Masterfile Corporation v. Datasystel, Inc. et al Assigned to: Chief Judge Deborah K. Chasanow Cause: 17:101 Copyright Infringement

Date Filed: 04/08/2010 Date Terminated: 06/03/2010 Jury Demand: None Nature of Suit: 820 Copyright Jurisdiction: Federal Question

Date Filed 04/08/2010

Docket Text

1 COMPLAINT against Datasystel, Inc., Collins Yeboah-Afari ( Filing fee $ 350 receipt number 0416-2481215.), filed by Masterfile Corporation. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Summons, # 4 Summons)(Murphy, Christopher) (Entered: 04/08/2010) 2 Local Rule 103.3 Disclosure Statement by Masterfile Corporation. (Murphy, Christopher) (Entered: 04/08/2010) 3 Summons Issued 21 days as to Datasystel, Inc. (kn, Deputy Clerk) Modified to correctly reflect party named on summons on 4/9/2010 (kn, Deputy Clerk). (Entered: 04/09/2010) 4 Correspondence: Report on the Filing of an Action Regarding a Copyright with copies of Complaint and Exhibit mailed to the Register of Copyrights. (kn, Deputy Clerk)(c/m 4/9/10) (Entered: 04/09/2010) 5 Summons Issued 21 days as to Collins Yeboah-Afari. (kn, Deputy Clerk) (Entered: 04/09/2010) 6 SUMMONS Returned Executed by Masterfile Corporation. Collins Yeboah-Afari served on 4/12/2010, answer due 5/3/2010. (Murphy, Christopher) (Entered: 05/06/2010) 7 SUMMONS Returned Executed by Masterfile Corporation. Datasystel, Inc. served on 4/15/2010, answer due 5/6/2010. (Murphy, Christopher) (Entered: 05/06/2010) 8 NOTICE of Appearance by Wilson Lamark White on behalf of Masterfile Corporation (White, Wilson) (Entered: 05/27/2010) 9 STIPULATION of Dismissal of Action Without Prejudice by Masterfile Corporation. (Attachments: # 1 Proposed Order)(White, Wilson) (Entered: 06/03/2010) 10 PAPERLESS ORDER APPROVING 9 Stipulated Notice of Dismissal without prejudice. Signed by Chief Judge Deborah K. Chasanow on 6/3/10. (Chasanow, Deborah) (Entered: 06/03/2010)

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Case 8:10-cv-00877-DKC Document 1 Filed 04/08/10 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND GREENBELT DIVISION MASTERFILE CORPORATION, a Canadian Corporation, 3 Concorde Gate, Fourth Floor, Toronto, Ontario, Canada M3C 3N7, Plaintiff, v. DATASYSTEL, INC., a Maryland Corporation, 7105 Oakley Road Glenn Dale, Maryland 20769, AND COLLINS YEBOAH-AFARI, a Maryland resident, Prince Georges County, 7105 Oakley Road Glenn Dale, Maryland 20769, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 8:10-cv-00877

COMPLAINT Plaintiff Masterfile Corporation (Masterfile) states the following for its Complaint against Defendants Datasystel, Inc. (Datasystel) and Collins Yeboah-Afari (Yeboah-Afari). SUBSTANCE OF THE ACTION 1. This is an action at law and in equity for copyright infringement arising under the

Copyright Act of 1976, 17 U.S.C. 101 et seq. 2. This case arises out of Defendants unauthorized reproduction, public display, and

unauthorized creation of derivative works of six (6) images, the copyrights in which were all owned by Masterfile at the time of the infringement. Masterfile seeks injunctive relief, an accounting of each

Case 8:10-cv-00877-DKC Document 1 Filed 04/08/10 Page 2 of 6

Defendants profits, Masterfiles actual damages (or if it so elects, statutory damages), and Masterfiles reasonable costs and attorneys fees. The Parties 3. Masterfile is a Canadian corporation with its principal place of business located at 3

Concorde Gate, Fourth Floor, Toronto, Ontario, Canada M3C 3N7. Masterfile is a stock photography agency in the business of licensing reproduction and display rights in photographs and other images to users for a fee. 4. Upon information and belief, Datasystel, Inc. is a corporation existing under the laws of

the State of Maryland with its principal place of business located at 7105 Oakley Road, Glenn Dale, Maryland 20769. Datasystel is engaged in the business of providing customized software solutions and operated a website at www.datasystel.com (the Website) through which it advertised and solicited customers. 5. Upon information and belief, Collins Yeboah-Afari is an individual residing in the State

of Maryland, with a residential address at 7105 Oakley Road, Glenn Dale, Maryland 20769. Upon information and belief, Defendant Yeboah-Afari holds a significant ownership interest in Defendant Datasystel and is the principal and alter ego of Defendant Datasystel. Upon information and belief, Defendant Yeboah-Afari is a dominant influence in, and personally and intentionally directs and controls the activities of, Defendant Datasystel. Jurisdiction and Venue 6. This Court has subject matter jurisdiction over this dispute under 28 U.S.C. 1331 and

1338 because this suit arises under the federal Copyright Act.

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7.

This Court has personal jurisdiction over Defendants because Defendants are citizens of

this State, transact business within this State, and/or a substantial part of the events giving rise to the claims occurred in this State. 8. Venue is proper in this district under 28 U.S.C. 1391(b) and 1400(a) because

Defendants do business in this district, a substantial part of the events giving rise to the claims occurred in this district, and Defendants or their agents may be found in this district. Facts 9. Masterfile obtained assignments of the copyrights in six (6) images, identified by

Masterfile as 700-00195888, 700-00197859, 700-00199942, 700-00280229, 700-00280901, and 70000478035 (the Images) and obtained the following certificates of copyright registration from the United States Copyright Office covering each of the Images, with the effective date indicated: VA 1229-220 (January 30, 2004), VA 1-232-777 (February 19, 2004), VA 1-262-069 (April 30, 2004), and VA 1-303-399 (March 15, 2005). Copies of these registration certificates are attached as Exhibit A. 10. In June 2009, Masterfile became aware that the Images, or derivative works based on the

Images, were included on the Datasystel Website. 11. Defendants have not, and have never been, licensed or authorized to reproduce or display

the Images on the Website or to create derivative works based on the Images. 12. Each of the Images is an original work of authorship fixed in a tangible medium of

expression from which it can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device, and as such is protected by copyright. 13. At all times relevant to this action, Masterfile was the sole and exclusive owner of all

right, title, and interest in and to the copyright in each of the Images.

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14. 15. 16.

Defendants had access to the Images. The Website included images identical to or substantially similar to the Images. Upon information and belief, without Masterfiles authorization, Defendant Datasystel

and/or its agents, through the personal and intentional direction, supervision, and control of Defendant Yeboah-Afari, reproduced and publicly displayed Masterfiles copyrightable works and/or created and publicly displayed derivative works based on Masterfiles copyrightable works in violation of the Copyright Act, 17 U.S.C. 501. 17. 18. Defendants are jointly and severally liable for copyright infringement. The infringement of Masterfiles copyrights has caused irreparable injury to Masterfile,

and unless enjoined by this Court, such infringement could resume and cause further irreparable injury to Masterfile. 19. Upon information and belief, the acts of infringement alleged herein were committed

willfully and in knowing disregard of Masterfiles rights. Masterfile sent Defendants a letter on June 30, 2009 regarding Masterfiles rights in the Images and Defendants violation of those rights, but Defendants did not respond to that letter despite verified receipt of the letter and continued their infringement of the Images, in knowing disregard of Masterfiles rights. 20. As a result of Defendants acts of infringement alleged herein and in accordance with

Section 504(b) of the Copyright Act, 17 U.S.C. 504(b), Masterfile is entitled to recover from Defendants the damages it has sustained and will sustain, and any profits obtained by Defendants as a result of or attributable to the infringement. At present, the amount of such damages and profits cannot be fully ascertained by Masterfile.

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21.

Because Masterfile timely registered the copyrights in the Images with the United States

Copyright Office in accordance with Section 412 of the Copyright Act, 17 U.S.C. 412, Masterfile is entitled to recover statutory damages for each such work, if it so elects, in accordance with Section 504(c) of the Copyright Act, 17 U.S.C. 504(c), and Masterfile is also entitled to recover its attorneys fees and costs, in accordance with Section 505 of the Copyright Act, 17 U.S.C. 505. 22. Further, in accordance with Section 502 of the Copyright Act, 17 U.S.C. 502,

Masterfile is entitled to injunctive relief to prevent Defendants from further copyright infringements of the Images.

WHEREFORE, Masterfile prays for judgment as follows: 1. Permanently enjoining Defendants, their employees, agents, officers, directors, attorneys,

successors, affiliates, subsidiaries, and assigns, and all those in active concert and participation with Defendants from: (a) reproducing, displaying, distributing, creating derivative works of, or authorizing

any third party to reproduce, display, distribute, or create derivative works of the Images, or any image substantially similar thereto, or otherwise infringing Masterfiles copyrights in any manner, medium, or form; and (b) assisting, aiding, or abetting any other person or business entity in engaging or

performing any of the activities referred to in subparagraph (a). 2. In accordance with Section 504(b) of the Copyright Act, 17 U.S.C. 504(b), Masterfile

be awarded such damages as it has sustained and will sustain as a result of or attributable to Defendants

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copyright infringement, together with any profits obtained by Defendants as a result of or attributable to Defendants copyright infringement. 3. Masterfile, if it so elects, be awarded statutory damages for each work infringed and that

such award be increased based on Defendants willful infringement, in accordance with Section 504(c) of the Copyright Act, 17 U.S.C. 504(c). 4. In accordance with Section 505 of the Copyright Act, 17 U.S.C. 505, Masterfile be

awarded its expenses of litigation incurred in connection with this action, including its costs and attorneys fees. 5. 6. proper. Masterfile be awarded interest, including prejudgment interest, on the foregoing sums. Masterfile be awarded such other and further relief as the Court may deem just and

Respectfully submitted, /s/ Christopher P. Murphy Christopher P. Murphy (Md. Bar No. 13665) KILPATRICK STOCKTON LLP 607 14th Street, Suite 900 Washington D.C. 20005 Telephone: (202) 508-5813 Facsimile: (202) 585-0015 cmurphy@kilpatrickstockton.com Attorneys for Plaintiff Masterfile Corporation

Of Counsel: Alex S. Fonoroff Sabina A. Vayner KILPATRICK STOCKTON LLP 1100 Peachtree Street, Suite 2800 Atlanta, Georgia 30309-4530 Telephone: (404) 815-6500 Facsimile: (404) 815-6555