Case 6:16-cv-00345-TC

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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON
STATE OF OREGON, Acting by and through
the DEPARTMENT OF CORRECTIONS,

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Plaintiff,

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v.

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Attorneys for State of Oregon

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Filed 02/25/16

ELLEN F. ROSENBLUM #753239

Attorney General
TIMOTHY D. SMITH #914374
Assistant Attorney General
Department of Justice
1162 Court Street NE
Salem, OR 97301-4096
Telephone: (503) 934-4400
Facsimile: (503) 373-7067
E-mail: tim.smith@doj.state.or.us

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Document 1

Case No. 6:16-cv-345

COMPLAINT FOR INJUNCTIVE RELIEF

NICHOLAS ADAM AMES,

Defendant.

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Plaintiff the State of Oregon, acting by and through the Department of Corrections (the
State of Oregon), alleges as follows:

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This is an action for copyright infringement under 17 U.S.C. 101 et seq. (the Copyright

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Act). As set forth below, this Court has jurisdiction over this matter pursuant to 28 U.S.C.

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1331 & 1338; 17 U.S.C. 502 & 505.

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This action is brought to obtain redress for injury that has occurred as a result of the

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Defendants infringement of the copyrighted work of the State of Oregon. The State of Oregon

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seeks equitable relief, and the jurisdiction of this Court is respectfully invoked to obtain justice

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for the State of Oregon for the wrongs herein alleged.

Page 1 of 6 COMPLAINT FOR INJUNCTIVE RELIEF

DOC v. Ames

CED7175249 v. 3
DEPARTMENT OF JUSTICE
1162 Court Street NE
Salem, OR 97301-4096
PHONE: (503) 934-4400

Case 6:16-cv-00345-TC

Document 1

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Filed 02/25/16

Page 2 of 6

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The State of Oregon, acting by and through the Department of Corrections, supervises the

management and administration of the Department of Corrections institutions, parole and

probation services, community corrections, and other functions related to state programs for

corrections, among other duties.

Upon information and belief, Defendant Nicholas Adam Ames (Defendant) is an

individual whose residence is 320 14th Ave, Albany, Oregon 97322.

JURISDICTION AND VENUE

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Jurisdiction is conferred upon this Court pursuant to 28 U.S.C. 1331 & 1338; and 17
U.S.C. 502 & 505.

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Personal jurisdiction over the Defendant exists in this District by reason of Defendants
residence in the forum. Fed. R. Civ. P. 4(k)(1).

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Venue is proper pursuant to 28 U.S.C. 1400 as a civil action related to copyright may

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be instituted in the district in which the defendant resides or may be found. Defendant is a

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resident of the forum.

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This Court has the authority to grant injunctive relief pursuant to 17 U.S.C. 502.

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FACTUAL BACKGROUND

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The State of Oregon is the exclusive owner of all of the intellectual property rights of the
video entitled Prison Cell Extraction, https://youtu.be/zQok8tROUFs, (the Video). The

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Page 2 of 6 COMPLAINT FOR INJUNCTIVE RELIEF
DOC v. Ames

CED7175249 v. 3
DEPARTMENT OF JUSTICE
1162 Court Street NE
Salem, OR 97301-4096
PHONE: (503) 934-4400

Case 6:16-cv-00345-TC

Document 1

Filed 02/25/16

Page 3 of 6

Video contains images illustrating the techniques that the Department of Corrections uses to

remove a prisoner from a Department of Corrections prison cell.

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The State of Oregons employees made the Video in the course of their employment. As

a result, the Video is work made for hire and therefore the State of Oregon owns the copyrighted

material pursuant to 17 U.S.C. 201(b).

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Defendant posted the Video on YouTube on December 28, 2015, at the link identified

above. YouTube is an online media distribution system. Defendant did not and does not have

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permission from the State of Oregon to post the Video.

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On or about January 25, 2016, the State of Oregon discovered the Video on YouTube.

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On January 28, 2016, the State of Oregon initiated a Digital Millennium Copyright Act

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(DMCA) takedown request with YouTube to remove the Video. The Video was removed by

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YouTube on or about February 10, 2016.

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On or about February 15, 2016, Defendant filed a DMCA counter notification with

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YouTube, swearing under penalty of perjury that the Video was removed by YouTube due to a

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mistake or misidentification of the Video on the basis that its my video of me (sic). YouTube

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informed the State of Oregon of the counter notification with instructions that if the State of

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Oregon did not file an action seeking a court order to restrain the counter notifiers allegedly

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infringing activity the Video could be reinstated on YouTube.

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///

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///

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///

Page 3 of 6 COMPLAINT FOR INJUNCTIVE RELIEF

DOC v. Ames

CED7175249 v. 3
DEPARTMENT OF JUSTICE
1162 Court Street NE
Salem, OR 97301-4096
PHONE: (503) 934-4400

Case 6:16-cv-00345-TC

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Document 1

Filed 02/25/16

Page 4 of 6

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The State of Oregon filed an application for copyright registration with the United States

Copyright Office for the Video on February 24, 2016, and is awaiting the issuance of a

registration. A true and correct copy of the State of Oregons application for copyright

registration is attached as Exhibit A.

CLAIM FOR RELIEF

COPYRIGHT INFRINGEMENT

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The State of Oregon re-alleges and incorporates by reference all of the allegations set out
in Paragraphs 1 through 15 of this Complaint as if set forth fully herein.

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The State of Oregon is, and at all relevant times has been, the owner of the exclusive
rights under United States copyright with respect to the Video.

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Among the exclusive rights granted to the State of Oregon under the Copyright Act are

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the exclusive rights to reproduce the Video, to publicly display the Video, and to distribute the

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Video to the public. 17 U.S.C. 106.

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The State of Oregon is informed and believes that Defendant, without the permission or

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consent of the State of Oregon, has used, and continues to use, an online media distribution

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system to host the Video, to distribute the Video to the public, and/or to make the Video

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available for distribution to others. In doing so, Defendant has violated the State of Oregons

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exclusive rights of reproduction and distribution. See 17 U.S.C. 106.

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Defendants actions constitute infringement of the State of Oregons copyrights and

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exclusive rights under copyright.

Page 4 of 6 COMPLAINT FOR INJUNCTIVE RELIEF

DOC v. Ames

CED7175249 v. 3
DEPARTMENT OF JUSTICE
1162 Court Street NE
Salem, OR 97301-4096
PHONE: (503) 934-4400

Case 6:16-cv-00345-TC

Document 1

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Filed 02/25/16

Page 5 of 6

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The State of Oregon is informed and believes that the foregoing acts of infringement have

been willful and intentional, in disregard of and with indifference to the rights of the State of

Oregon.

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As a result of Defendants infringement of the State of Oregons copyrights and exclusive

rights under copyright, the State of Oregon has suffered an irreparable injury. The remedies

available to the State of Oregon at law are inadequate to compensate for that injury. Considering

the balance of hardships between the State of Oregon and Defendant, a remedy in equity is

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warranted, and the public interest would not be disserved by an injunction. For these reasons, the

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State of Oregon is entitled to injunctive relief pursuant to 17 U.S.C. 502 to prevent Defendant

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from further infringing the exclusive rights of the State of Oregon.

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As a result of Defendants infringement of the State of Oregons copyrights and exclusive

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rights under copyright, the State of Oregon is entitled to recover its attorneys fees and costs

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pursuant to 17 U.S.C. 505 from Defendant.

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PRAYER FOR RELIEF

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WHEREFORE, the State of Oregon prays for relief as follows:

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1. Against Defendant, for an injunction providing: Defendant shall be and hereby is

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enjoined from directly or indirectly infringing the State of Oregons rights under federal or state

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law in the Video and any work, whether now or in existence or later created, that is owned or

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controlled by the State of Oregon (the State of Oregons Works), including without limitation

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by using the Internet or any online media distribution system to reproduce (i.e. download) any of

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the State of Oregons Works, to distribute (i.e. upload) any of the State of Oregons Works, or to

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make any of the State of Oregons Works available for distribution to the public or for public

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display.

Page 5 of 6 COMPLAINT FOR INJUNCTIVE RELIEF

DOC v. Ames

CED7175249 v. 3
DEPARTMENT OF JUSTICE
1162 Court Street NE
Salem, OR 97301-4096
PHONE: (503) 934-4400

Case 6:16-cv-00345-TC

Document 1

Filed 02/25/16

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2. For the State of Oregons costs in this action, as allowed by law.

3. For the State of Oregons reasonable attorneys fees incurred herein, as allowed by

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law.
4. For such other and further equitable and legal relief as the Court deems just and proper.

ELLEN F. ROSENBLUM
Attorney General

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s/ Timothy D. Smith
Timothy D. Smith, #914374
Assistant Attorney General
Of Attorneys for Plaintiff
Department of Justice
1162 Court Street NE
Salem, OR 97301-4096
Telephone: (503) 934-4400
Facsimile: (503) 373-7067
E-mail: tim.smith@doj.state.or.us

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Page 6 of 6 COMPLAINT FOR INJUNCTIVE RELIEF

DOC v. Ames

CED7175249 v. 3
DEPARTMENT OF JUSTICE
1162 Court Street NE
Salem, OR 97301-4096
PHONE: (503) 934-4400