Case 2:22-cv-08967-ODW-MRW Document 1 Filed 12/10/22 Page 1 of 6 Page ID #:1
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`Peter E. Perkowski (SBN 199491)
`peter@perkowskilegal.com
`PERKOWSKI LEGAL, PC
`515 S. Flower Street, Suite 1800
`Los Angeles, California 90071
`Telephone: (213) 340-5796
`
`Attorneys for Plaintiff
`CHOUET’PRESS d/b/a BESTIMAGE
`
`
`
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
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`
`CHOUET’PRESS SAS d/b/a
`BESTIMAGE,
`
`Plaintiff,
`
`
`
`
`v.
`
`ISABELLA KHIAR HADID p/k/a
`BELLA HADID,
`
`Defendant.
`
`
`
`
`Case No. 2:22-cv-8967
`
`COMPLAINT FOR COPYRIGHT
`INFRINGEMENT
`
`Jury Trial Demanded
`
`
`Plaintiff Chouet’Press SAS, doing business as BestImage, alleges as follows:
`1.
`This is an action for copyright infringement brought by plaintiff, the
`holder of the copyright to the photographs described below, against defendant for
`uses of plaintiff’s photographs without authorization or permission.
`JURISDICTION
`2.
`This action arises under the Copyright Act of 1976, Title 17 U.S.C.
`§ 101 et seq. This Court has jurisdiction over the subject matter of this action under
`28 U.S.C. § 1331 (federal question), § 1338 (copyright).
`PARTIES
`3.
`BestImage is an entity organized and existing under the law of the
`country of France, with its principal place of business in Paris, France.
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`COMPLAINT
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`Case 2:22-cv-08967-ODW-MRW Document 1 Filed 12/10/22 Page 2 of 6 Page ID #:2
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`4.
`BestImage is a global premier celebrity news and photo agency that
`provides the world’s top news outlets with real-time content from some of the
`world’s top photographers.
`5.
`BestImage also maintains libraries of photographs on a diverse range of
`subjects including celebrities in the music, sports, entertainment, and fashion
`industries. BestImage licenses photographs to leading magazines, newspapers, and
`editorial client through an arrangement with an exclusive agent.
`6.
`But repeated, almost instantaneous acts of content piracy destroy the
`syndication value of the work of content creators and owners like BestImage. When
`content is distributed widely for free by infringers, legitimate licensors like
`BestImage customers will decline to license that content, or the amount they are
`willing to pay will be reduced. Legitimate publications to which BestImage looks to
`pay licensing fees are unwilling to pay for work that is already widely disseminated
`on the internet for free. This is especially true when, as here, celebrities distribute
`images of themselves to their millions of followers without authorization.
`7.
`Defendant Isabella Khiar Hadid, professionally known as Bella Hadid, is
`a model, businesswoman, and entrepreneur. Her business interests include or have
`included modeling women’s clothing, fragrance lines, make-up products, and reality
`television appearances.
`PERSONAL JURISDICTION AND VENUE
`8.
`This Court has personal jurisdiction over defendant Hadid because, on
`information and belief, she maintains a residence in the State of California and this
`judicial district and/or, on information and belief, is also doing business in the State
`of California and in this judicial district.
`9.
`Venue in this judicial district is proper under 28 U.S.C. § 1400(a).
`
`///
`///
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`COMPLAINT
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`Case 2:22-cv-08967-ODW-MRW Document 1 Filed 12/10/22 Page 3 of 6 Page ID #:3
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`BACKGROUND FACTS
`The Infringed Image
`10. Plaintiff is the owner and copyright holder of a photographic image
`depicting Hadid in green pants, a black top, and sunglasses (the “Photograph”)
`11. The Photograph was registered to BestImage with the U.S. Copyright
`Office as Registration No. VA 2-272-214 (eff. Sept. 22, 2021) in compliance with the
`Copyright Act.
`
`Defendant’s Unauthorized Use
`12. BestImage never licensed the Photograph to defendant. Nevertheless,
`defendant used the Photograph without authorization or permission from plaintiff to
`do so.
`13. Specifically, Hadid or someone acting on her behalf copied the
`Photograph and displayed it on Instagram, via the @bellahadid account, on June 27,
`2021.
`
`Defendant’s Infringement Harmed BestImage
`14. The Photograph is highly creative, distinctive, and—as evidenced by
`Ms. Hadid’s use and misappropriation of it—valuable. Because of Ms. Hadid’s
`popularity and celebrity status, and the Photograph’s quality and visual appeal,
`BestImage (and the photographer it represents) stood to gain licensing revenue from
`licensing the Photograph.
`15. But Ms. Hadid’s unauthorized use harm the existing and future market
`for the original Photograph, especially when such use occurred at or around the same
`time as licensed copies of the Photograph was publicized. Hadid’s Instagram post
`made the Photographs immediately available to her over 56 million followers and
`others, consumers of entertainment news—and especially news and images of Hadid
`herself, as evidenced by their status as followers of her—who would otherwise be
`interested in viewing licensed versions of the Photographs in the magazines and
`newspapers that are BestImage customers.
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`COMPLAINT
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`Case 2:22-cv-08967-ODW-MRW Document 1 Filed 12/10/22 Page 4 of 6 Page ID #:4
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`16.
`In addition, Ms. Hadid’s unauthorized use is commercial in nature.
`Hadid uses her Instagram feed for the purposes of promotion—specifically, to
`promote her own business interests, products, and ventures; to promote and sell the
`products and services of others; to maintain and increase her visibility and
`desirability as an endorser, actress, model; and to promote her persona itself, since
`Hadid’s celebrity status and popularity is central to her ability to sell appearances in
`fashion shows and both television and print advertisements. In short, every one of
`Hadid’s Instagram posts is fundamentally promoting something to her 56 million
`followers.
`17. On information and belief, at the time that Ms. Hadid copied and
`distributed the Photograph, she knew that she did not have authorization or
`permission to do so. Ms. Hadid operates in an industry in which copyrights are
`prevalent and well-understood. On information and belief, Ms. Hadid has also been
`accused of copyright infringement of photographs on her Instagram account on
`previous occasions. Based on her experience, knowledge, and understanding, Ms.
`Hadid was aware of the importance of copyright protection and knew that he needed
`to have but did not have permission to use the Images, and/or he acted recklessly by
`posting the Images without determining the right to do so.
`CLAIM ONE
`(For Copyright Infringement)
`18. BestImage realleges and incorporates by reference the allegations
`contained in the preceding paragraphs of this Complaint as if fully set forth here.
`19. BestImage is the author and or/copyright owner of the protected
`Photograph named above in this Complaint.
`20. Ms. Hadid reproduced, displayed, or otherwise copied the Photograph
`without BestImage’s authorization or license.
`21. The foregoing acts of Ms. Hadid infringed upon the exclusive rights
`granted to copyright owners under 17 U.S.C. § 106 to display, reproduce, and
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`COMPLAINT
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`Case 2:22-cv-08967-ODW-MRW Document 1 Filed 12/10/22 Page 5 of 6 Page ID #:5
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`distribute their works to the public. Such actions and conduct constitute copyright
`infringement in violation of 17 U.S.C. §§ 501 et seq.
`22. BestImage has complied in all respects with 17 U.S.C. §§ 101 et seq.
`and secured and registered the exclusive rights and privileges in and to the copyrights
`of the above-referenced work in accordance with 17 U.S.C. § 408.
`23. BestImage suffered damages as a result of Ms. Hadid’s unauthorized use
`of the Photograph.
`24. Having timely registered its copyright in the Photograph, BestImage is
`entitled to elect statutory damages under 17 U.S.C. § 412 and § 504(c), in an amount
`of not less than $750 or more than $30,000 per infringement of each work registered
`before the infringements.
`25. Ms. Hadid was aware of the importance of copyright protection and
`knew that he needed to have but did not have permission to use the Photograph,
`and/or she acted recklessly by posting the Photograph without determining his right
`to do so. Such actions will support an award of enhanced statutory damages for
`willful infringement under the Copyright Act, 17 U.S.C. § 504(c)(2), in the sum of up
`to $150,000 per infringed work.
`26.
`In the alternative, BestImage is entitled to recover its actual damages
`and defendant’s profits attributable to the infringement of the Photographs, under 17
`U.S.C. § 504(b).
`27. Within the time permitted by law, plaintiff will make its election
`between actual damages, and profit disgorgement, or statutory damages.
`28. Plaintiff is also entitled to a discretionary award of attorney fees under
`17 U.S.C. §§ 412 and 505.
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`PRAYER FOR RELIEF
`WHEREFORE, plaintiff requests the following:
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`5
`COMPLAINT
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`Case 2:22-cv-08967-ODW-MRW Document 1 Filed 12/10/22 Page 6 of 6 Page ID #:6
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`A.
`For a preliminary and permanent injunction against defendant and
`anyone working in concert with them from further copying, displaying, distributing,
`selling, or offering to sell the Photograph described in the Complaint;
`B.
`For an order requiring defendant to account to plaintiff for their profits
`and any damages sustained by plaintiff arising from the acts of infringement;
`C. Under 17 U.S.C. § 503, for impoundment of all copies of the
`Photographs used in violation of plaintiff’s copyrights—including digital copies or
`any other means by which they could be used again by defendant without plaintiff’s
`authorization—as well as all related records and documents;
`D.
`For actual damages and all profits derived from the unauthorized use of
`plaintiff’s Photograph or, where applicable and at plaintiff’s election, statutory
`damages;
`E.
`F.
`G.
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`For an award of pre-judgment interest as allowed by law;
`For reasonable attorney fees;
`For court costs, expert witness fees, and all other costs authorized under
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`law;
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`H.
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`For such other and further relief as the Court deems just and proper.
`JURY TRIAL DEMAND
`Plaintiff demands a trial by jury of all issues permitted by law.
`Dated: December 10, 2022 Respectfully submitted,
`PERKOWSKI LEGAL, PC
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`
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`
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`By:
`
` /s/ Peter Perkowski
`Peter E. Perkowski
`
`Attorneys for Plaintiff
`CHOUET’PRESS d/b/a BESTIMAGE
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`COMPLAINT
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