Case 1:19-cv-10924-JMF Document 1 Filed 10/29/19 Page 1 of 4
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`SAN ANTONIO DIVISION
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`JUSTIN GOLDMAN,
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` Plaintiff, §
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`COX MEDIA GROUP, LLC, as owner of §
`austin360.com, eaglesanantonio.com,
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`kkyx.com,
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`and kissrocks.com,
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`- against -
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`CIVIL ACTION NO:
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`_19-1283___________
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`JURY DEMANDED
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`Defendants.
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`PLAINTIFF’S COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`INTRODUCTION
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`1. This is an action for copyright infringement pursuant to the U.S. Copyright Act based
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`on the unauthorized for-profit full display by websites operated by defendant Cox Media Group,
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`LLC (“defendant”) of a photograph created by plaintiff (“the Photo”) that is protected by a
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`federal copyright duly registered with the United States Copyright Office (Supplemental
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`Certificate No. VA - 1-436-930).
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`POSSIBLY RELEVANT DISCLOSURE
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`2. A recently-terminated case in U.S. District Court for the Southern District of New
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`York for copyright infringement was commenced by plaintiff here against other defendants
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`based on their unauthorized for-profit full display of the Photo. That action was Goldman v.
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`Breitbart News Network, LLC, et al., 17 Civ. 3144 (AJN)(SN). In that action, the Honorable
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`Katherine B. Forrest, U.S.D.J., granted summary judgment to plaintiff on a specific legal issue,
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`namely whether the process of “embedding” provides a defense to the defendants’ alleged
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`copyright infringements. The Court’s judgment held that embedding provided no such defense.
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`Case 1:19-cv-10924-JMF Document 1 Filed 10/29/19 Page 2 of 4
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`302 F.Supp.3d 585 (S.D.N.Y. 2018).
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`THE PARTIES
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`3. Plaintiff Justin Goldman is a resident of the City and State of New York.
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`4. On information and belief, defendant is a business entity based in Atlanta, Georgia,
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`that owns the websites austin360.com, eaglesanantonio.com, kkyx.com and kissrocks.com,
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`(“defendant’s Websites”) that committed the copyright infringements that are the subject of this
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`action and is legally responsible therefor.
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`JURISDICTION AND VENUE
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`5. This Court has jurisdiction over this case pursuant to 28 U.S.C. §1338. Venue in this
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`district is proper pursuant to 28 U.S.C. §1400(a).
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`UNDERLYING FACTS
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`6. On July 2, 2016, plaintiff created the Photo and he is the owner of a duly-issued
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`registered copyright in it. A copy of the Photo is annexed hereto as Exhibit “A.”
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`7. Without plaintiff’s knowledge or consent, the Photo was uploaded that same day to
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`the Internet.
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`8. On information and belief, on or about July 2, 2016 and thereafter defendant’s
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`Websites, without any legal authority to do so, prominently displayed, in full and in full color,
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`for for-profit purposes, a copy of the Photo.
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`CAUSE OF ACTION FOR
`COPYRIGHT INFRINGEMENT AGAINST DEFENDANT
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`9. Plaintiff incorporates here the contents of Paragraphs 1 through 8 above.
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`10. The United States Copyright Act grants to all copyright owners the "exclusive right"
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`to "display" their copyrighted works "publicly," 17 U.S.C. 106(5), and the Act defines "display"
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`as "to show a copy of it, either directly or by means of a film, slide, television image, or any
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`other device or process or, in the case of a motion picture or other audiovisual work, to show
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`Case 1:19-cv-10924-JMF Document 1 Filed 10/29/19 Page 3 of 4
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`individual images nonsequentially." 17 U.S.C. 101.
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`11. Defendant’s unauthorized display of Plaintiff’s photos on Defendant’s Websites
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`violated plaintiff’s “exclusive right” to “display” the Photo by their public display of it without
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`plaintiff’s knowledge or consent and constitutes copyright infringement. Accordingly, defendant
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`is liable to plaintiff for the infringements by its Websites of plaintiff’s registered copyright in the
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`Photo.
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`PRAYER
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`WHEREFORE, with respect to each act of copyright infringement by defendant’s Websites,
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`plaintiff demands judgment a) issuing a permanent injunction preventing defendant’s Websites
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`from making any further unauthorized use or display of the Photo; b) awarding to plaintiff all
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`appropriate damages, including statutory damages, as determined by the Court or jury; c)
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`awarding to plaintiff profits attributable to each infringement; d) awarding to plaintiff costs and
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`attorneys' fees; e) awarding all appropriate interest; and f) awarding such other relief as the Court
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`deems just.
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`Dated: October 29, 2019
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`s/ Alicia Calzada__
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` Alicia Wagner Calzada
` Alicia Wagner Calzada PLLC
` Texas State Bar No. 24076296
`305 E. Ramsey Rd, suite 305
`San Antonio, TX 78216
` Telephone: (210) 825-1449
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`Alicia@calzadalegal.com
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` Kenneth P. Norwick
` Pro Hac Vice to be requested
` Norwick & Schad
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`110 East 59th Street
` New York, New York 10022
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`(212) 751-4440
` ken@norwickschad.com
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`Attorneys for Plaintiff Justin Goldman
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