Case 3:16-cv-00129-MHL Document 1 Filed 03/03/16 Page 1 of 14 PageID# 1

• 1 ~ ~ ~·~ VIRGIN I A: r _MAR_-_3_20-16 _j .:: IN THE UNITED STATES DISTRICT COURT CLERK, u.s. 01srn1c 1 1 J r:r RICHMOND. '.'A FOR THE EASTERN DISTRICT OF VIRGINIA

EASTERN DIVISION

TIMOTHY J. LEVI, Prose, Plaintiff, !lo. J:/&cv 12°1

v.

TWENTIETH CENTURY FOX FILM CORPORATION, a Delaware Corporation; , an individual; , an individual; ROBERT WALKER, an individual; And Does 1-9, inclusive, Defendants.

JUR18E>.IC'FI~ Arm:YENU~ C_ Dill ,.w_ CtJ J- /Yi. w.

1. This is an action for copyright infringement arising under the copyright Act of 1976,

17 U.S.C. §§IO let seq. This Court has jurisdiction of this action 28 U.S.C. §§ 1331, 1338(a)

and l 338(b ), and under its supplemental jurisdiction.

2. Venue is proper in this district under 28 U.S.C §§ 1391 and 1400(a) as a substantial

part of the events or omissions giving rise to the claim occurred, and the defendants and/or

their agents reside or may be found, in the judicial district.

3. Plaintiff, Timothy J. Levi (hereinafter referred to as .. LEVI" or .. PLAINTIFF" is an

individual resident of Richmond, Virginia, who created a book entitled, Unity Incorporated:

The Mastermind and registered it with the United States Copyright Office in 2008.

4. Plaintiff is informed and believes, and on that basis alleges, that Defendant, Robert

Walker (hereinafter referred to as .. WALKER" or "DEFENDANT") is an individual, residing Case 3:16-cv-00129-MHL Document 1 Filed 03/03/16 Page 2 of 14 PageID# 2

1 I

in Richmond, Virginia. PLAINTIFF is further informed and believes, and on that basis alleges

that WALKER is a criminal attorney who practice law in Richmond, Virginia.

5. PLAINTIFF is informed and believes, and on that basis alleges, that Defendant

TWENTIETH CENTURY FOX FILM CORPORATION (hereinafter referred to as "FOX"

or "DEFENDANT") is a corporation existing under the laws of Delaware and maintaining its

principle place of business at I0201 West Pico Blvd., Los Angeles, California 90035.

Plaintiff is informed and believes, and on that basis alleges that Fox is qualified to do business

and is doing business in the State of California, County of Los Angeles, and is active according

to the California Secretary of State. According to the IMDB website, Fox is a producer of the

Series.

6. PLAINTIFF is informed and believes, and on that basis alleges, that Defendant,

LEE DANIELS (hereinafter referred to as "DANIELS" or "DEFENDANT") is an individual

residing in Los Angeles County, California. Plaintiff is further informed and believes, and on

that basis alleges, that DANIELS is a director, writer, and producer with numerous film and

television credits, and according to IMDB is the creator and Executive Producer of the Series.

7. PLAINTIFF is informed and believes, and on that basis alleges, that Defendant,

DANNY STRONG (hereinafter referred to as "STRONG" or "DEFENDANT") is a director,

writer, producer and actor with numerous film and television credits, and according to IMDB

is the Creator, Executive producer and a director of the Series.

8. The true names and capacities, whether individual, corporate, associate or otherwise,

of Defendants DOES l through 9, inclusive, are presently unknown to PLAINTIFF, who

therefore sues these Defendants by such fictitious names. PLAINTIFF is informed and believes,

and thereon allege that each of the DOE defendants was and is either intentionally, negligently, Case 3:16-cv-00129-MHL Document 1 Filed 03/03/16 Page 3 of 14 PageID# 3

or in some other manner, the cause or contributing cause of, or otherwise responsible for, the damage suffered by PLAINTIFF. PLAINTIFF will amend this Complaint to allege the true names and capacities of each DOE Defendant, together with such allegations as may be appropriate, when their names have been ascertained.

9. Plaintiff is informed and believes and thereon alleges that at all times mentioned in this Complaint, each Defendant was the agent, servant, employee, partner, successor, assignee, joint venture and/or franchisee of each of the remaining defendants herein, and was at all times acting within the course and scope of said agency, service, employment, partnership, joint venture and/or franchise. Moreover, Plaintiff is informed and believes, and based thereon alleges, that each act and omission hereinafter alleges on the part of any one Defendant was done with the approval and consent and was ratified by each of the remaining defendants.

10. Plaintiff is further informed and believes and thereon allege that at all relevant times mentioned in this Complaint, each defendant may be held liable for the infringing acts committed by another to the extent that each Defendant had the right and ability to control the infringing activities alleged herein and had a direct financial interest in such activities, regard­ less of whether each said defendant had intent or knowledge of the infringement alleged herein.

Furthermore, Plaintiff is informed and believes and thereon alleges that at all relevant times mentioned in the Complaint each Defendant who knowingly induced, caused or materially contributed to the infringement alleged herein, by another Defendant herein but who may not have committed or participated in the infringing acts him or herself, may be held liable as contributory infringer as each such defendant had knowledge, or reason to know, of the infringement.

GENERAL ALLEGATION Case 3:16-cv-00129-MHL Document 1 Filed 03/03/16 Page 4 of 14 PageID# 4

11. Plaintiff LEVI is the owner and copyright proprietor of an original book entitled,

.. Unity Incorporated: The Mastermind. The book (hereinafter to be referenced at times as the

.. Material") is based on the PLAINTIFF'S imagination. The book has been submitted for

Copyright registration with the United States Copyright office under the registration number

TXUOO 1596690. (A true and correct copy of the certificate of registration is attached hereto and incorporated by reference herein as Exhibit .. I").

12. In or about 2007, Plaintiff telephoned Walker from the Baskerville Correctional

Center, 4150 Hayes Mill Road, Baskerville, Virginia, and asked Walker if he would help him plaintiff publish a book. Walker asserted that he had entertainment connections, and that he could help plaintiff publish the book. Shortly after Walker and Plaintiff's conversation, Plaintiff instructed his mother, Mary Wilson, to carry the manuscript to Walker's office. (A true and correct copy of an affidavit supporting the fact that Plaintiff's mother gave Walker Plaintiff's manuscript and is attached hereto and incorporated by reference herein as Exhibit .. 2"). Four months after Walker received the manuscript, Plaintiff attempted to telephone Walker at his office to ascertain the progress, but he couldn't be reached. Plaintiff telephoned his mother and instructed her to make a visit to Walker's office unannounced. When Plaintiff's mother arrived at Walker's Office, she requested the manuscript. Walker asserted that the manuscript was in another location and that he would telephone her when it became available. Two weeks after

Walker promised to telephone Plaintiff's mother, Walker failed to call. Plaintiff proceeded to file a bar complaint against Walker for refusing to return his property to him. When the Virginia

State Bar failed to take action against Walker, Plaintiff telephoned his mother again and instructed her to go to Walker's Office again and demand that he return the manuscript to her.

Plaintiff's sister, Cassandra Penn accompanied her mother to Walker's Office. Prior to Walker Case 3:16-cv-00129-MHL Document 1 Filed 03/03/16 Page 5 of 14 PageID# 5

returning the manuscript to Plaintiff's mother, Walker made a copy of it and it remained in his possession. (A true and correct copy of an affidavit supporting the fact of Cassandra Penn and

Mary Wilson witnessing Walker copying Plaintiff's manuscript and is attached hereto and incorporated by reference herein as Exhibit"2" and "3").

13. Plaintiff is informed and believes and on that basis alleges that between 2007 and 2013, Walker infringed upon Plaintiff's copyright material when he transferred the manuscript to DANIELS and STRONG without Plaintiff's permission.

14. Plaintiff is informed and believes and on that basis alleges that on about

January 7, 2015, the Series " aired on Fox. A recent review of the internet Movie Data­ base ("IMDB") webpage for the series "Empire" confirms that Defendant DANIELS and

STRONG were accorded credit as creator and producers of the first episode, and Defendant

FOX was accorded company credit on all episodes of the series which is currently on the air.

15. Plaintiff is informed and believes and on that basis alleges, that season one of

''Empire," borrows heavily from Unity Incorporated: The Mastermind. The character traits of the lead actor of Empire, , are strikingly similar to the character traits of Anthony "Pee Wee" Lewis, the lead character of Unity Incorporated: The Mastermind.

FIRST CLAIM FOR RELIEF

(COPYRIGHT INFRINGEMENT 17 U.S.C §§ 101 et seg.)

(Against all Defendants)

16. PLAINTIFF re-allege each and every allegation set forth in paragraph 1-15, inclusive, and incorporates them herein by this reference.

17. PLAINTIFF is currently and al relevant times has been the sole proprietor of all rights, title, and interest in and the copyrights in the Book. Case 3:16-cv-00129-MHL Document 1 Filed 03/03/16 Page 6 of 14 PageID# 6

I 8. PLAINTIFF is informed and believes that DEFENDANTS are continuing with efforts to distribute "Empire" in derogation of PLAINTIFF'S rights.

I 9. FURTHERMORE, given the access and prior submission of the manuscript to DEFENDANTS through WALKER, DEFENNDANTS were knowingly and willfully involved in the copying of the manuscript and original elements herein therein to create a work strikingly similar to and derivation of PLAINTIFF'S copyrighted Book. PLAINTIFF is informed and believes that a non-exhaustive summary of strikingly similarities including expressions of ideas and concepts between the respective works based upon a review of the "Empire" includes but is not limited:

(a) THEME

Each work has as a core theme of drama centered on the story of an African American man with a history of violence and raising himself without a mother and father from the ghetto and a life of crime into the world of the music industry.

(bl PLOT

Empire and Unity Incorporated: The Mastermind, depicts a friendship formed by three

African-American men. The men met during their teenage years. The main character in both works sold drugs and used the money to invest in a record company. The owner of the record company lured one of their friends to an isolated area and murdered him in cold-blood. Once the other friend discovered the betrayal of their friend, he decided to testify against his friend in a federal trial. In addition, both works also assert how the main character had murdered four other people in his earlier years, establishing that the main character is a "gangster" masquerading as a legitimate businessman.

(c) SETTING Case 3:16-cv-00129-MHL Document 1 Filed 03/03/16 Page 7 of 14 PageID# 7

In both works, the setting takes place in an urban city on the east coast, 250 miles apart.

The friendship between two African- American men becomes so strained that the main character in both works plot and carry out a calculated murder against someone he has known since the men were teenagers.

(d) CHARACTERS

The lead character, not withstanding their names "" v. "Anthony Lewis," are "especially distinctive". Both works feature as the lead character a charismatic light­ skinned, African- American man, who grew up without a mother and father in their lives, and who has risen from the ghetto and a life of drug dealing to ownership of a record company.

In both works the lead character murdered four men prior to murdering one of his friends, who he met in his teen years. Both works also depict the friendship of three men who met in their teen years. After the lead characters murdered one of his three friends, the other friend decided to testify against the lead character in both works in a federal criminal trial. In both works the lead character tested three men to ascertain if there were any weaknesses in them.

The lead character in both works share the following character traits: methodical, stylish dressers, manipulative, deceitful, charming, smart, intelligent, clever, violent, controlling, funny, sinister, sadistic, debonair, revengeful, flippant, cruel, promiscuous, creative, flamboyant, explosive temper, apathetic, egocentric, arrogant, clean, neat, confident, driven by money and power and uses people to further their agenda.

Furthermore, the lead character of Empire, an atheist, named his club from the bible

entitled, ••Leviticus".

Leviticus is the third book of the priestly tribe of Levi, and the author's last name is Levi.

(e) MOOD Case 3:16-cv-00129-MHL Document 1 Filed 03/03/16 Page 8 of 14 PageID# 8

In both works, the setting takes place in an urban city on the east coast, 250 miles apart.

The friendship between two African American men becomes so strained that the main character in both works plot and carry out a calculated murder against someone he has known since the men were teenagers.

(Q PLOT/SCENE/DIALOGUE/CHARACTER SIMILARITIES

A.

(a). Annika visited Hakeem at his home while he was in the process of exercising. She casually strolled over to a book stand and picked up a book. Impressed by the type of books he was reading, Annika suggested that he read a book by Machiavelli. She began explaining to Hakeem who Machiavelli was (Empire - Episode 12, 07:00).

(b). Pee Wee had a conversation with his cousin, Self, and in the process of the conversation, Pee Wee asserted that if the feds ever came close to arresting him, he would do what Machiavelli did some 500 years go. Pee Wee proceeded to explain to Self who

Machiavelli was (Unity Incorporated: The Mastermind-page 340-341).

B.

(a). A FBI agent attempted to telephone their star witness, Vernon Turner, Lucious

Lyon's childhood friend and business associate. However, the agent failed to contact their witness. Vernon was scheduled to testify for the feds against Lucious Lyon for the murder of their childhood friend, Marcus .. Bunkie" William (Empire 12, 45:00).

(b). Oscar visited the FBI office and convey to them that his childhood friend and business associate, Anthony "Pee Wee" Lewis, murdered their childhood friend Ralph Bell and agreed to testify for the feds against Pee Wee for the murder of their childhood friend,

Ralph Bell (Unity Incorporated: The Mastermind - page 402-404). Case 3:16-cv-00129-MHL Document 1 Filed 03/03/16 Page 9 of 14 PageID# 9

c.

(a). When Bunkie's friends discovered his demise, Lucious invited everyone to his mansion. While Lucious sat on his sofa, he pretended to be distraught over the cold-blooded murder of his childhood friend and began to shed a tear ( Season 1, Episode 2, 17:00).

(b). When Ralph's friends discovered his demise, Pee Wee invited everyone to his mansion. While Pee conversed with Oscar, he pretended to be distraught over the cold-blooded murder of his childhood friend and shed and occasional tear (Unity Incorporated: The

Mastermind - page 397). D.

(a) Lucious proposed marriage to Annika over dinner while Anthony Hamilton sang and played the piano for the lovely couple. However, the engagement was short-lived because they failed to wed (Empire - Episode 5, 01 :00).

(b ). Pee Wee proposed marriage to Precious over dinner. However, the engagement was short-lived because they failed to wed (Unity Incorporated: The Mastermind - page 265-

266).

E.

(a). Lucious lured his childhood friend, Bunkie, to an isolated area and murdered him in cold-blood (Empire - Episode 1, 38:00).

(b) Pee Wee lured his childhood friend, Ralph, to an isolated area and murdered him in cold-blood (Unity Incorporated: The Mastermind - page 395-396).

F.

(a). Lucious gave a lavish party on a yacht and invited hordes of people from the music industry (Empire - Episode I, 02:00). Case 3:16-cv-00129-MHL Document 1 Filed 03/03/16 Page 10 of 14 PageID# 10

(b). Pee Wee gave a lavish party on a yacht and invited hordes of people from the music industry (Unity Incorporated: The Mastermind- page 244-246).

G.

(a). Lucious owns a record company (Empire - Episode l, 6:00).

(b). Pee Wee gained full ownership of a record company (Unity Incorporated:

The Mastermind - page 300).

H.

(a). Bunkie, a friend of Lucious since they were 14 years old, visited Lucious at his home. Bunkie reminded Lucious that he had murdered 4 men "back in the day" and purported that he was a "punk ass gangster" (Empire - Episode l, 56:00).

(b). Pee Wee murdered four people "back in the day" as well (Unity Incorporated:

The Mastermind - page 138, 186-193).

I.

(a). Annika hired a private investigator to track Lucious' ex-wife, Cookie (Empire

2, 19:00).

(b). Pee Wee hired an investigator to follow his girlfriend, Michelle (Unity

Incorporated: The Mastermind - page 388-389).

page 212).

J.

(a). Lucious conveyed to Andre to announce a reward for anyone who could

provide information leading to the death of his friend, Bunkie (Empire - Episode 2, 39:00).

(b). Pee Wee conveyed to Oscar that if it took a million dollars to find Case 3:16-cv-00129-MHL Document 1 Filed 03/03/16 Page 11 of 14 PageID# 11

the murderer of Ralph, he would spend the money (Unity Incorporated: The Mastermind - page 397). K.

(a). Lucious pursued a talented rapper, Titan, who was currently signed

with another record company (Empire - Episode 3, 11 :00).

(b). Pee Wee pursued a talented rapper, Incredible, who was signed

with another record company (Unity Incorporated: The Mastermind - page 300-301 ).

L.

(a). Lucious had his attorney place a GPS device on is son's car to maintain his whereabouts ( Empire - Season 2, episode 2, 28:00).

(b). Pee Wee had his P.I. place a GPS device on his girlfriend's car to maintain her whereabouts (Unity Incorporated: The Mastermind - page 389 - 390).

M.

(a). Lucious toyed with the federal prosecutor who was determined to incar- cerate him (Empire - Season 2, episode 4, 44:00).

(b). Pee Wee toyed with a narcotic detective who was determine to incar- cerate him (Unity Incorporated: The Mastermind- page 116- 118).

N.

(a). Hakeem was kidnapped from the street. He was bound and gagged. Even in

the face of extreme adversity, he was defiant and refused to beg for his life (Empire - Season 2, episode 2, 45:00 & episode 3, 05:00).

(b). Sonny Slim was kidnapped from the street. He was bound and gagged.

Even in the face of extreme adversity, he was defiant and refused to beg for his life (Unity Incor- Case 3:16-cv-00129-MHL Document 1 Filed 03/03/16 Page 12 of 14 PageID# 12

porated: The Mastermind - page 240 - 242).

0.

(a). Lucious's ex-wife visited him in jail (Empire - Season 2, episode 2, 35:00).

(b). Pee Wee's girlfriend visited him in prison (Unity Incorporated: The

Mastermind- page 163; 167 - 168).

P.

(a). Lucious's conversation with a female rapper purported how it was growing up without a father and mother (Empire - Season 2, episode 6, 34:00).

(b). Pee Wee's sister, Trisha, asked him why did their father kill their mother, leaving both of them without a mother and father (Unity Incorporated: The Mastermind

Page 35 - 36; 124).

Q.

(a.) One of Lucious's nemesis, an over-zealous prosecutor, was determined to put him in prison (Empire - Season 2, episode 2, 44:00 & Season 2, episode 3,

01 :00 & Season 2, episode 3, 32:00).

(b.) One of Pee Wee's nemesis an over-zealous police detective, was determined to put him in prison (Unity Incorporated: The Mastermind - page 314 - 316). R.

(a). When Lucious's nemesis, Roxanne Ford, encountered him her disdain for him forced her to make a remark pertaining to his light-skinned complexion (Empire -

Season 2, Episode 4).

(b). When Pee Wee's nemesis, Detective Woodson, encountered him his disdain for him forced him to make a remark pertaining to his light-skinned complexion Case 3:16-cv-00129-MHL Document 1 Filed 03/03/16 Page 13 of 14 PageID# 13

(Unity Incorporated: The Mastermind- page 315).

20. PLAINTIFF is further informed and believes, and on that basis alleges, that

DEFENDANTS coping of the Book, infringes PLAINTIFF'S copyright and that

DEFENDANTS are distributing and intend to continue to distribute unauthorized works strikingly similar to and derivative of Unity Incorporated: The Mastermind.

21. The nature, probable and foreseeable result of DEFENDANTS wrongful

conduct has been and will continue to be to deprive PLAINTIFF of the benefits of any

other derivative work of the Book based in large part on PLAINTIFF'S story to another

buyer, and to deprive PLAINTIFF of the goodwill that would necessarily be associated

therewith.

22. PLAINTIFF is informed and believes, and on that basis alleges, that it has

lost and will continue to lose substantial revenues and has sustained damages as a result of

DENFENDANTS' wrongful conduct and has also deprived and will continue to deprive

the PLAINTIFF of opportunities for expanding its goodwill.

23. PLAINTIFF is informed and believes, and on that basis alleges, that unless

enjoined by this Court, DEFENDANTS intend to continue their course of conduct and to wrongfully use, infringe upon, sell and otherwise profit from PLAINTIFF'S Book.

As a direct and proximate result of the acts of DEFENDANTS alleged upon, PLAINTIFF

has already suffered irreparable damages and has sustained lost profits. PLAINTIFF has no

adequate remedy at law to redress all of the injuries that DEFENDANTS' actions alleged

above are enjoined by this Court.

24. By their actions alleged above, DEFENDANTS have infringed and will

continue to infringe PLAINTIFF'S copyrights in relating to the Book by producing, Case 3:16-cv-00129-MHL Document 1 Filed 03/03/16 Page 14 of 14 PageID# 14

distributing, and placing upon the market products which are derivative of PLAINTIFF'S copyrighted work.

25. PLAINTIFF is entitled to an injunction retraining DEFENDANTS, their officers, agent and employees, and all persons acting in concert with them , from engaging in any further such acts in violation of the copyright laws.

26. PLAINTIFF is further entitled to recover from DEFENDANTS the damages, they have sustained and will sustain, and any gain, profits and advantages obtained by

DEFENDANTS' acts of infringement alleged above. At present, the amount of such damages, gain, profits and advantages cannot be fully ascertain by PLAINTIFF but on information and belief, PLAINTIFF believes that such damages may equal or exceed $1,500,000,000.

Date: March 2, 2016

Timothy J. Levi 205 Winter Oak Drive Ashland, VA 23005 Tel: (804) 297-6215 Email: [email protected]