case 3:13-cv-00011-JD-CAN document 1

QOOCQUC{'{ filed 01/04/13 page 1 of 5

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION
University of Notre Dame du Lac, Plaintiff
v.

....

Thorin Sprandel, Defendant

) ) ) ) ) ) ) ) )

1'_.,

;:

CASE NO. ----------------

JURY TRIAL DEMANDED

COMPLAINT
Plaintiff, University of Notre Dame du Lac ("Notre Dame"), by its counsel, and for its complaint against Defendant, Thorin Sprandel ("Sprandel"), alleges and states as follows:

INTRODUCTION
1. This is a copyright infringement lawsuit. Notre Dame is the copyright owner of a

video about its football team entitled "Onward Notre Dame: South Bend to Soldier Field." Sprandel posted this copyrighted video to the Internet through YouTube without Notre Dame's pern1ission. By this action, Notre Dame seeks injunctive relief to stop Sprandel's infringement and obtain damages for the infringement that has occurred thus far.

THE PARTIES
2. Notre Dame is a nonprofit Indiana corporation with a principal place of business

in Notre Dame, Indiana. 3. Upon information and belief, Sprandel is an individual residing at 103-201

Samsung Apm1ments, 388-1 Sacheon, Gyeongnam, South Korea 660-923.

case 3:13-cv-00011-JD-CAN document 1

filed 01/04/13 page 2 of 5

JURISDICTION AND VENUE

4.

This Court has jurisdiction over the subject matter of this action pursuant to 28

U.S.c. 1331 and 1338. 5. This Court has personal jurisdiction over Sprandel because he has committed

infringement in this jurisdiction. In particular, the infringing video posted by Sprandel was accessible in this district over the Internet and has been downloaded by persons in this district through YouTube. 6. Venue is appropriate in this judicial district under 28 U.S.c. 1391(b). As noted

above, Sprandel has committed acts of infringement in this judicial district.

FACTUAL BACKGROUND
7. Notre Dame has applied to the Register of Copyrights to register the copyright in

its video entitled "Onward Notre Dame: South Bend to Soldier Field" (hereinafter the "Copyrighted Video") under 17 U.S.C. 201. Application to register the copyright was made on January 4,2013. A copy of the application is attached as Exhibit A. 8. Notre Dame has provided notice of its copyright pursuant to 17 U.S.c. 401(b).

Attached as Exhibit B is a screen shot of the Copyright Video showing the copyright notice. 9. "mgodisney. " 1O. Sprandel, without Notre Dame's authorization or permIssIOn, uploaded the On information and belief, Sprandel is known on YouTube by the username

Copyrighted Video to the Internet through YouTube where it was available at the following URL: vlww.youtube.com/watch?v=8Tk7UVmJfaY. 11. Notre Dame provided actual notice of the infringement by sending a notice to

YouTube indicating that the posted video constituted an infringing activity. In response to this

case 3:13-cv-00011-JD-CAN document 1

filed 01/04/13 page 3 of 5

notice, YouTube has temporarily taken down access to the Copyrighted Video.

Sprandel

received this notice and filed a counter-notification in an apparent effort to get YouTube to reinstate access to the Copyrighted Video. 12. Sprandel's activities of, among other things, uploading the Copyrighted Video to

the Internet infringes Notre Dame's copyright in the video. Sprandel's actions in this regard have damaged Notre Dame. 13. Sprandel, without the permission or authorization of Notre Dame, may continue

to copy and distribute the Copyrighted Video (unless enjoined by this Court).

COUNT I
(Copyright Infringement) 14. 15. Video. 16. Pursuant to 17 U.S.c. 401, Notre Dame's copyright registration, when obtained, Notre Dame incorporates by reference herein Paragraphs 1 through 13 above. Notre Dame has applied to register the copyright relating to its Copyrighted

isprimajacie evidence of the validity of the copyright, of Notre Dame's ownership of the works
described in the copyright, and of Notre Dame's exclusive rights to reproduce, distribute and display the work and produce derivative works based upon the work pursuant to 17 U.S.C. 106,201, and 410(c). 17. 18. Sprandel had access to Notre Dame's copyrighted material. Sprandel has directly and/or contributorily infringed Notre Dame's copyright in

its Copyrighted Video by, among other things, uploading the Copyrighted Video to the Internet tlu'ough YouTube, or otherwise making it available, without Notre Dame's consent. 19. Sprandel' s conduct violates several exclusive rights under 17 U. S. C. 106

belonging to Notre Dame. In particular, Sprandel's conduct violates Notre Dame's rights to

case 3:13-cv-00011-JD-CAN document 1

filed 01/04/13 page 4 of 5

adapt, display, and distribute their content. Through a notification to Y ouTube, Sprandel was notified of this infringement. By filing a counter-notification in an improper attempt to obtain reinstatement of the video by Y ouTube, Sprandel seeks to continue the infringing activities. 20. Sprandel's infringing conduct has caused and is causing irreparable injury and

damage to Notre Dame in an amount not yet capable of determination and, unless restrained, will cause further irreparable injury, leaving Notre Dame with no adequate remedy at law. 21. Notre Dame is entitled to injunctive relief against Sprandel, restraining further

acts of infringement.

PRAYER FOR RELIEF

WHEREFORE, Notre Dame requests the Court to award the following relief:
A.

Judgment on the copyright infringement count against Sprandel and in favor of

Notre Dame;
B.

A preliminary and permanent injunction enjoining and restraining Sprandel, his

associates, agents, servants, successors, assigns, attorneys, and all persons that act in concert and participation with him who learn of the injunction through personal service or otherwise from copying, using, distributing, publishing by any means or creating a derivative work of the Copyrighted Video of Notre Dame under 17 U.S.C. 502; C. An award of actual damages and any profits by Sprandel attributable to

infringement of Notre Dame's Copyrighted Video pursuant to 17 U.S.C. 504(b) or in the alternative, an award of statutory damages pursuant to 17 U.S.C. 504(c); D. An award of reasonable attorneys' fees, this being an exceptional case, pursuant

to 17 U.S.c. 505;

case 3:13-cv-00011-JD-CAN document 1

filed 01/04/13 page 5 of 5

E.

Impoundment and destruction of all materials in Sprandel's possession, custody

or control found to have been made or used in violation of Notre Dame's copyrighted work pursuant to 17 U.S.C. 503; F. G.
An award of prejudgment and post-judgment interest; and

All other just and proper relief.

JURY DEMAND
Notre Dame, by counsel, and under Fed. R. Civ. P. 38, demands a trial by jury of all issues triable of right by jury. Respectfully submitted,

D-fRandall I!i6wfi(1S127-49f) (randy.brown@btlaw.com) Michael E. Wever (26190-02) (michael.wever@btlaw.com) Rachel K. Hehner (29281-49) (rachel.hehner@btlaw.com) BARNES & THORNBURG LLP 600 One Summit Square Fort Wayne, IN 46802 Telephone: (260) 423-9440 Facsimile: (260) 424-8316 Alice 1. Springer (25105-64) (alice.springer@btlaw.com) BARNES & THORNBURG LLP 600 1st Source Bank Center 100 North Michigan Street South Bend, IN 46601 Telephone: (574) 233-1171 Facsimile: (574) 237-1125 ATTORNEYS FOR THE PLAINTIFF UNIVERSITY OF NOTRE DAME DU LAC

SBDSOI JGALLAGHER 375-11-ly2