Indiana Intellectual Property Law News
Indianapolis, Indiana – LHF Productions, Inc. and Fallen Productions, Inc. (the “Plaintiffs”) own copyrights for the screen plays and motion pictures London Has Fallen (Certificate Number PA0001982831) and Angel Has Fallen (Certificate Number PA2197434) (hereinafter the “Works”), respectively. The Plaintiffs claim Derek S. Dueker (“Dueker”) and Doel aka byanski@gmail.com (“Doel” and collectively the “Defendants”) “registered for accounts with a notorious piracy website referred to as YTS” (the “YTS Website”). According to the Complaint, Dueker downloaded, reproduced, and shared copies of the Works numerous times in 2019. Doel also allegedly downloaded, reproduced, and shared copies of Angel Has Fallen.
According to the Complaint, Dueker and Plaintiffs entered into a settlement agreement in which Dueker would provide certain information relating to the copyright infringement along with paying $950. However, Plaintiffs claim Dueker failed to provide the signed declaration or pay the $950 as required by the agreement.
The Plaintiffs are seeking damages for direct copyright infringement in violation of 17 U.S.C. §§ 106 and 501. Plaintiffs are further claiming willful contributory copyright infringement in violation of 17 U.S.C. § 504(c)(2). Third, Plaintiffs claim Defendants knowingly concealed infringement of the Works by removing or altering the copyright management information in violation of the Digital Millennium Copyright Act, 17 U.S.C. § 1202. Finally, Plaintiffs are suing Dueker for breach of contract.
The case was assigned to Judge James Patrick Hanlon and Magistrate Judge Tim A. Baker in the Southern District and assigned Case 1:20-cv-03159-JPH-TAB.