Professional Documents
Culture Documents
Ru Paul Copyright
Ru Paul Copyright
1 17. The true names and capacities, whether individual, corporate, associate,
2 or otherwise, of defendants John Doe 1-10 are unknown to WOW, who therefore
3 sues said Defendants by such fictitious names. Defendants use the username
4 “RealityTVLeaks” on Instagram, Twitter, and on Reddit.com (“Reddit”) to commit
5 their infringing activity.
6 18. The Defendants include, among others, those persons who uploaded
7 and distributed the infringing content on Instagram, Twitter, and Reddit, as well as
8 any persons who obtained the infringing content for such reproduction and
9 distribution without the consent or authorization of WOW.
10 19. WOW is informed and believes, and based thereon alleges, that each of
11 the Defendants was and is the agent of the other Defendants, acting within the
12 purpose and scope of said agency. WOW is further informed and believes and
13 based thereon alleges, that each of the Defendants authorized and ratified the
14 conduct herein alleged of each of the other Defendants, and that each of the
15 fictitiously named Defendants herein is responsible in some manner for the
16 wrongful acts alleged herein, and WOW’s injuries as alleged herein were
17 proximately caused by such Defendants’ acts or omissions
18 20. WOW believes that information it will obtain in discovery will lead to
19 the identification of each Defendants’ true names and capacities, and will permit
20 WOW to amend its Complaint to allege the same.
21 ALLEGATIONS COMMON TO ALL CLAIMS
22 I. WOW’s Copyrighted Drag Race Episodes
23 21. Drag Race is a reality competition TV series produced by WOW, and
24 hosted by RuPaul, the world’s most famous and influential “drag” performer. In
25 Drag Race, RuPaul searches for America’s next drag superstar through a series of
26 challenges that test the contestants’ creativity, charisma, and talent. Each week, the
27 contestants participate in a mini challenge, a main challenge, a runway walk, and an
28 elimination challenge known as “Lip-Sync For Your Life,” where the bottom two
25 25. WOW is the work-for-hire author of each All Stars Episode, and
26 thereby owns the United States copyrights in and to each of the All Stars Episodes.
27 WOW has submitted applications with the United States Copyright Office for the
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1 registration and, where appropriate, pre-registration, of each All Stars Episode, and
2 has complied with all applicable statutory registration requirements.
3 26. The All Stars Episodes are original works of authorship and constitute
4 copyrightable subject matter under the Copyright Act, 17 U.S.C. §§ 101, et seq.
5 27. WOW owns the exclusive right to distribute, reproduce, and publicly
6 perform the All Stars Episodes throughout the world, and has licensed such rights in
7 the United States to VH1. WOW also owns all clips and images from the All Stars
8 Episodes, and WOW is entitled to all of the protections and remedies for the All
9 Stars Episodes accorded to a copyright owner.
10 II. Defendants’ Infringing Activity
11 A. Julie Andrews Video
12 28. On February 2, 2018, Defendants, using the username
13 “RealityTVLeaks,” posted a video to Reddit’s subreddit,1 “RuPaulsDragRace,”
14 titled “*Spoiler* Bens performance as Julie Andrews!” (the “Julie Andrews
15 Video”). The Julie Andrews Video was available at URL
16 https://www.reddit.com/r/rupaulsdragrace/comments/7un02t/spoiler_bens_performa
17 nce_as_julie_andrews/. A screenshot of the Julie Andrews Video is shown below:
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12 29. Defendants were publicly performing the Julie Andrews Video via
13 Reddit, and by other means not yet known to WOW.
14 30. The Julie Andrews Video is a part of All Stars Episode 302, which
15 aired on February 1, 2018. Episode 302’s main challenge required the contestants to
16 dress, look like, and perform as a diva in a lip-sync dance routine inspired by the
17 classic TV special VH1 Divas Live. The Julie Andrews Video revealed, prior to the
18 airing of Episode 302, contestant BenDeLaCreme’s outfit, make up, and lip-sync
19 routine as the English actress and singer Julie Andrews.
20 31. Episode 302 contains copyright management information, identifying
21 WOW as its copyright owner. Without authorization from WOW, the copyright
22 owner, Defendants altered Episode 302’s copyright management information, and
23 added false and misleading copyright management information of their own,
24 showing the Reddit user RealityTVLeaks as the purported owner of the Julie
25 Andrews Video.
26 32. Defendants’ reproduction, distribution and public performance of the
27 Julie Andrews Video was not licensed or authorized by WOW.
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1 B. Thorgy Video
2 33. On February 1, 2018, Defendants using the username
3 “RealityTVLeaks” posted a video to their Instagram page featuring one of the All
4 Stars contestants named Thorgy (the “Thorgy Video”). The Thorgy Video was
5 available at the URL https://www.instagram.com/p/BerORjzh_Vu/?taken-
6 by=realitytvleaks and a screenshot of the video is shown below:
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17 34. The Thorgy Video was a part of then-unaired All Stars Episode 302,
18 and revealed the planning process behind the contestants’ performances for the main
19 divas lip-syncing challenge.
20 35. Episode 302 contains copyright management information, identifying
21 WOW as its copyright owner, which Defendants have subsequently removed
22 without authorization from WOW.
23 36. Defendants reproduced, distributed and publicly performed the Thorgy
24 Video via Instagram, and by other means not yet known to WOW, prior to the airing
25 of Episode 302, which took place later in the day on February 1, 2018.
26 37. Defendants’ reproduction, distribution and public performance of the
27 Thorgy Video was not licensed or authorized by WOW.
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1 C. Runway Reveals
2 38. On February 1, 2018, Defendants, using the username
3 “RealityTVLeaks,” posted a collage of images to Reddit’s subreddit
4 “RuPaulsDragRace,” titled “*Spoiler* All Stars 302 Runway Looks!,” at URL
5 https://www.reddit.com/r/rupaulsdragrace/comments/7umc8i/spoilerall_stars_302_r
6 unway_looks/ (the “Runway Reveal”). The Runway Reveal is shown below:
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22 39. The Runway Reveal is a collage of images from All Stars Episode 302.
23 The Runway Reveal revealed the contestants’ runway challenge costumes before the
24 airing of Episode 302, which took place later in the day on February 1, 2018. The
25 Runway Reveal is an unauthorized infringement of All Stars Episode 302.
26 40. All Stars Episode 302 contains copyright management information,
27 identifying WOW as its copyright owner. Defendants removed that copyright
28 management information without authorization from WOW, and added false and
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14 51. Defendants’ reproduction, distribution and public performance of the
15 10th Runway Look was not licensed or authorized by WOW.
16 F. Episode 3 Spoilers
17 52. On February 8, 2018, Defendants, using the username
18 “RealityTVLeaks,” posted five images to Instagram, revealing, among other things,
19 the contestant who was eliminated on the yet-to-be-aired Episode 3 (“Episode 3
20 Spoilers”). The Episode 3 Spoilers are shown below:
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19 53. The Episode 3 Spoilers revealed several of the contestants’ outfits, and
20 the last image shown above revealed which contestant would be eliminated at the
21 end of the episode, all before Episode 303 aired later in the day on February 8, 2018.
22 54. All Stars Episode 303 contains copyright management information,
23 identifying WOW as its copyright owner. Defendants removed that copyright
24 management information without authorization from WOW, and added false and
25 misleading copyright management information of their own, showing Instagram
26 user RealityTVLeaks as the purported owner of the Episode 3 Spoilers.
27 55. The Episode 3 Spoilers were not licensed by WOW.
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1 61. Defendants confirmed this on February 6, 2018, with the following post
2 on their RealityTVLeaks Instagram page, stating “…World of Wonder staff that left
3 me no choice but to go private because they keep reporting my posts because I
4 Leaks their shit … mind ya business”:
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18 62. Subsequently, Defendants, using the username “RealityTVLeaks” on
19 Reddit, encouraged other Reddit users to follow their posts on Instagram, stating
20 “[y]ou guys are going to be GAGGED at who goes home! [i.e., is eliminated from
21 the competition] . . . come to my IG [Instagram] to see her look”:
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1 4. That the Court find that the threat of irreparable harm to WOW as a
2 result of Defendants’ conduct leaves WOW without adequate remedy at law, and
3 therefore that WOW is entitled to an injunction restraining Defendants, their agents,
4 servants, employees, attorneys, successors, assigns, subsidiaries, and all persons,
5 firms, and corporations acting in concert with them, from directly or indirectly
6 (a) infringing the copyrights in the All Stars Episodes, including but not limited to
7 continuing to distribute, reproduce or publicly perform any works derived or copied
8 from the All Stars Episodes, (b) violating 17 U.S.C. § 1202, and (c) from
9 participating or assisting in any of the foregoing activities;
10 5. That the Court enjoin Defendants, their agents, servants, employees,
11 attorneys, successors, assigns, subsidiaries, and all persons, firms, and corporations
12 acting in concert with them, from directly or indirectly (a) infringing WOW’s
13 copyrights in the All Stars Episodes, including by distributing, reproducing or
14 publicly performing any works derived or copied from the All Stars Episodes,
15 (b) violating 17 U.S.C. § 1202, and (c) from participating or assisting in any such
16 activity;
17 6. That, pursuant to 17 U.S.C. § 503, the Court order the impounding,
18 destruction or other reasonable disposition of all copies of the All Star Episodes
19 found to have been made or used by Defendants in violation of WOW’s rights and
20 7. That the Court grant such other, further relief as it deems just and
21 proper.
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23 Dated: February 15, 2018 LOEB & LOEB LLP
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By: /s/ Edward K. Lee
25 Edward K. Lee
Tal E. Dickstein pro hac vice pending
26 C. Linna Chen pro hac vice pending
Attorneys for Plaintiff
27 WORLD OF WONDER
PRODUCTIONS, INC.
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