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; LEE DANIELS, an individual; DANNY STRONG, 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 "Empire 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, Terrence Howard, 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.