WILLIAM M. SIMPICH
Oakland, CA 94612
Tesfaye W. Tsadik
Oakland, CA 94612
Oakland, CA 94612
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
NOT THE ENEMY MEDIA and ) PETE LIVINGSTON, )
Plaintiffs, ) )
UNIVERSAL STUDIOS CONSUMER )
PRODUCTS, INC., )
FOX ENTERTAINMENT GROUP, )
DISNEY ENTERPRISES, INC., )
LUCASFILM LTD., MGM/UA, INC.,)
LE STUDIO CANAL + MUSIC, )
INC., PARAMOUNT PICTURES ) CORPORATION, WARNER ) COMMUNICATIONS INC., )
and DOES I-XXX, ) )
Case No. C02-05717 JSW
FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF
1. This lawsuit involves the ability of an individual to engage in social commentary through a documentary video that examines the way that death has been portrayed in America's favorite feature films. The commentary, titled OVER NINE BILLION DEAD SERVED, critically examines the portrayal and manner of depiction of death and its aftermath in these feature films, and explores various hypotheses on death and dying. The presentation in the video is a series of creative and original observations on the central moral and political issues of our society related to death.
2. The DEFENDANTS in this action have claimed that the PLAINTIFF PETE LIVINGSTON's work, OVER 9 BILLION DEAD SERVED is illegal under the Copyright Law, 17 U.S.C. §101 et seq., an assertion that is both legally and factually incorrect. (PLAINTIFF's copyrights have since been transferred to NOT THE ENEMY MEDIA, a limited liability company) By making these allegations and threatening litigation to stop the distribution, the DEFENDANTS seek to destroy a legitimate undertaking and to severely impinge upon the First Amendment Rights of PLAINTIFFS NOT THE ENEMY MEDIA and PETE LIVINGSTON. In this action PLAINTIFFS ask the Court to confirm their right to distribute and sell copies of this video documentary, seeking a declaratory judgment that PLAINTIFFS are not violating the provisions of the Copyright Law, 17 U.S.C. §101, and that these activities are
protected under the First Amendment.
3. This lawsuit presents important questions about the interpretation of Fair Use under the Copyright Law and its interaction with the First Amendment. Because the potential reach of the Copyright Law in its relation to the First Amendment is unclear, declaratory judgment by this court is necessary to preserve and articulate PLAINTIFFS' rights.
4. PLAINTIFF PETE LIVINGSTON is an individual who resides in the City of Richmond, Contra Costa County. PETE LIVINGSTON is the organizer of and member of NOT THE ENEMY MEDIA, a limited liability company (LLC). This LLC was endorsed - filed in California on October 9, 2002. After filing, and also on October 9th, 2002, PETE LIVINGSTON assigned any and all of his copyright interest in the documentary FROM DEATH DO WE PROFIT to NOT THE ENEMY MEDIA. At the same time, the name of the documentary was changed to OVER 9 BILLION DEAD SERVED.
5. Based on information and belief, the named DEFENDANTS are motion picture companies engaged in the business of producing and distributing motion pictures. Each of these DEFENDANTS holds the copyright to one or more of the 25 motion pictures which PLAINTIFF analyzed in his work by extracting and transforming clips ranging from a single film frame (1/24th of one second) that was stretched to 7 seconds up to a selection of scenes from one motion picture that sum to 9 minutes 57 seconds. Each of
these DEFENDANTS distributes motion pictures in theaters, on television, on videocassette tapes, and/or on digital media such as DVDs. Based on information and belief, each of the named DEFENDANTS owns exclusive rights in the copyrights of motion picture and video materials it buys, produces and distributes.
6. DEFENDANT UNIVERSAL STUDIOS CONSUMER PRODUCTS, INC., is a motion picture production company with its principal place of business in Universal City, California. DEFENDANT FOX ENTERTAINMENT GROUP is a motion picture production company with its principal place of business in Beverly Hills, California. DEFENDANT DISNEY ENTERPRISES, INC., is a motion picture production company with its principal place of business in Burbank, California. LUCASFILM LTD is a motion picture production company with its principal place of business in Nicasio, California. MGM/UA, INC. is a motion picture production company with its principal place of business in Santa Monica, California. LE STUDIO CANAL + MUSIC, INC., is a motion picture production company with its principal place of business in Beverly Hills, California. PARAMOUNT PICTURES CORPORATION, is a motion picture production company with its principal place of business in Hollywood, California. WARNER COMMUNICATIONS INC., is a motion picture production company with its principal place of business in Los Angeles, California.
VENUE AND JURISDICTION
7. Jurisdiction is proper in this Court because this litigation arises under federal law, namely 17 U.S.C. §101 et. Seq. (Unites States Copyright Code). The Court has jurisdiction over this action under 28 U.S.C. §1331 (Federal question jurisdiction) and §1338 (a) (copyright jurisdiction).
8. This Court has personal jurisdiction over the DEFENDANTS because each DEFENDANT resides or has its principal place of business in the State of California, distributes its motion pictures and other video works in California, or has substantial contacts with California.
9. Venue is proper in this district pursuant to 28 U.S.C. §1391(b) and 28 U.S.C. § 1400(a) because (1) DEFENDANTS legally reside in this district under U.S.C. §1391(c), (2) this is a judicial district in which some of the DEFENDANTS reside and maintain a principal place of business, and (3) PLAINTIFF PETE LIVINGSTON resides and conducts his business in the Northern District of California. PLAINTIFF NOT THE ENEMY MEDIA is also located in the Northern District of California.
10. Furthermore, a substantial part of the events or omissions which give rise to the claims occurred in Contra Costa County. PLAINTIFF PETE LIVINGSTON's residence and workplace are in Contra Costa County, as is the location for PLAINTIFF NOT THE ENEMY MEDIA.
11. In addition, the mailings in which the DEFENDANTS
injured the PLAINTIFFS were sent to his Contra Costa address. The mailings that prompted the DEFENDANTS' responses originated from the Contra Costa address.
12. An actual case or controversy has arisen between parties. The DEFENDANTS have threatened litigation against PLAINTIFF PETE LIVINGSTON and have asserted that PLAINTIFF LIVINGSTON's work, OVER 9 BILLION DEAD SERVED, is illegal as an infringement on their copyrighted materials. These statements have caused actual or threatened injury to PLAINTIFF PETE LIVINGSTON.
A. Description of the Documentary Video
13. The documentary's topic, death, is a subject familiar to everyone. The video documentary has been created largely from clips of the 25 most successful films in American box office history. These clips are transformed in numerous ways by PLAINTIFF PETE LIVINGSTON. The clips are transformed by way of freeze frames, slow motion, re-sequencing into thematic chapters, zooming, voice overs, replay, separation and juxtaposition with distinctive transitional effects, supra-titles, and sub-titles. Additionally, the subject and purpose of the documentary is entirely different than those of the reviewed original works. The films that are reviewed and analyzed in the documentary are listed in the introductory segment of the documentary, in the end
credits, and here in their order of economic success as of April 27, 1997
14. In examining these movies on the manner how death is portrayed, the viewer is invited to keep track of: who dies, what the relationship was between the deceased and the surviving actor(s), what the response to the death was, how did he / she die, etc. A number of unexpected observations are made based on the evidence presented by the imagery. For example, far more people are killed than is reported in our review of literature. Additionally, when viewed over and over, these films began to reveal a visual vocabulary of violence. Within many of these films, groups were simultaneously dehumanized and made into enemies, then remorselessly exterminated by cinematic heroes. The more one watches, the more one realizes how inadequate the existing conceptual tools are in conveying any coherent understanding of the audio-visual lessons of death and dying provided by America’s favorite films.
B. The Work Involves Deconstructing Images with Images
15. After repeated viewing of these twenty-five movies, PLAINTIFF PETE LIVINGSTON distilled the images into eleven chapters. The first three are identical in theme and similar in depiction. Collectively, these three provide an overview of a visual vocabulary of violence that is common in these films. The other chapters provide information about the nature of the life and death messages provided by these films - though there are instances in which chapters simultaneously provide data supporting several hypotheses.
16. Each segment begins with its numbered chapter heading, title, and then a hypothesis on death and violence. Each hypothesis is supported in its own sequence. In the documentary’s introduction, the viewer is urged to consider and discuss to what degree he/she agrees or disagrees with the research and hypotheses. Unlike the vast majority of research studies, in this case individual information consumers are able and encouraged to access (i.e., rent or purchase) the original data (i.e., movies) through local vendors. In this way, viewers are uniquely empowered to replicate and independently evaluate whether this documentary has presented data appropriately, and to do so in a way that benefits both consumers and the owners of the underlying material. Thus, viewer learning is to be derived through direct experience, discussion, and study.
17. The documentary posits eleven hypotheses for examination:
Chapter 1 Killing Nazis and Arabs 00:05:28 to 00:09:48
Chapter 2 Killing the Ugly, Masked, and Invisible
00:09:49 to 00:16:04
Chapter 3 Walking While Black 00:16:05 to 00:20:47
Chapter 4 Incidents of Mass Destruction
00:20:48 to 00:29:32
Chapter 5 Gender Skewing Mortality
00:29:33 to 00:31:49
Chapter 6 Joking about death and murder
00:31:50 to 00:41:35
Chapter 7 Comic Coyotes 00:41:36 to 00:44:33
Chapter 8 Holy Ghosts 00:44:34 to 00:55:15
Chapter 9 Resurrections 00:55:16 to 01:15:08
Chapter 10: Displacing Compassion by Loving Machines 01:15:09 to 01:18:02
Chapter 11: Good Grief 01:18:03 to 01:22:53
End Credits 01:22:54 to 01:23:41
* Note: Time format used is (hours:minutes:seconds)
To provide a better overall understanding of the structure and the content of the documentary, the Structure and Content Summary below re-presents the eleven hypotheses within the context of their eleven chapters and in the documentary’s order. Added to this synthesis is explanatory narrative and a description of one or more fair use video sequences from the respective documentary chapters. These narratives are included to textually convey the nature of some clips used to support the hypotheses.
18. The work begins with 5.25 minutes of introduction consisting of a series of still images, including at least one from each of the 25 most successful films, presented with a voice-over narration previewing the structure and theories of the
19. Chapter 1, titled Killing Nazis and Arabs, postulates the hypothesis that "stereotypes of Nazis and Arabs are used to dehumanize those who are subsequently killed". This chapter establishes the pace and presentation that characterizes the rest of OVER 9 BILLION DEAD SERVED. Here the shift is made from still frames and voice-over commentary to a moving series of re-cut juxtaposed scenes that are deconstructed with sub-titles and supra-titles. Emphasis - and reading time - are provided by integrated freeze frames. (In other chapters there is also one zoom effect and one reverse-and-forward slow-motion effect.). Here the Buena Vista film, LION KING (1994), rated #5 at the box office, is explored to test the hypothesis. Scar is shown presiding over more than one hundred goose-stepping hyenas from atop his pedestal, proclaiming, "Be prepared for the death of the king....We're going to kill him, and Simba too." Not content with characterizing Scar and his followers as mere Nazis, other dehumanizing features are overlaid and juxtaposed. These Nazis are also associated with Hell. As the ground literally cracks open below them revealing the molten lava core of Hell, Scar and the hyenas sing in a chorus, "Our teeth and ambitions are bared, be prepared!" Undisturbed, these Nazis are apparently at ease with the machinations of Hell and continue with their festivities. Efforts to debase the life-worthiness of the primary villain are not limited to the visual. The "bad guy" in
this movie is played by a lion named Scar. Not withstanding African scarification rituals, scars are naturally associated with pain and violence and thus negatively within American culture - and in this movie Scar is too. His name conveys Scar's character. This is a verbal stereotype.
20. Additionally, these Nazis feature the color black, further impacting the life worthiness of these characters. Scar's mane is black. His "good brother" has a mane of reddish blonde and his fur is lighter. Scar's pedestal is black. The hyenas feature black manes also. Thus, in one short film sequence, the character that seeks the highest political office available to him (King) is characterized as a Nazi, who preaches violence, who presides over goose-steppers, who is associated with hell, and is black. When, toward the end of the movie, Scar is assassinated by three hyenas, not a word of remorse is uttered by anyone. Instead, presumably the hyenas are happily fed and all of the other creatures over whom he had presided are happy to be rid of him. It is ironic that Buena Vista has celebrated the historic visual stereotypes of Aryan superiority (black is bad, blonde is good) while simultaneously condemning (through juxtaposition with Scar) the goose-stepping Nazi hyenas.
21. Chapter 2, entitled Killing the Ugly, Masked, and Invisible, examines the hypothesis that "stereotypes of ugly, masked, and invisible are used to dehumanize those who are subsequently killed." STAR WARS (1977) concisely illustrates the
ugly part of this hypothesis. While in a bar, one of the film’s white male heroes, Han Solo, is arrested while sitting at a small round table by a bounty hunter named "Greedo". Greedo is a big green humanoid reptile with wrinkled skin. His eyes are huge and his head is hairless. The dialog establishes that Han is a smuggler and that he is perceived to have violated an agreement with his ex-employer to whom Greedo, who is apparently a lawful agent, is preparing to deliver Han. Greedo's dehumanization is furthered by his name that includes all of the word "greed". Unknown to Greedo, Han has a concealed weapon, a pistol, under the table. Han pulls the gun and without warning, shoots Greedo who drops, face first, dead onto the table. Cut to the reaction shots of other individuals in the bar. At least six creatures are shown. The biggest reaction to this homicide? A moment of head scratching by a big furry entity. As Han exists the bar he expresses his remorse to the establishment's white male bar tender, saying ,"Sorry about the mess", while flipping a coin to him as a tip. Apparently, this act was subsequently seen by the filmmaker(s) as excessively callous. To try and improve the hero’s image, in the 1997 re-release of Star Wars, Greedo is made to shoot at Han - and miss - before Han shoots Greedo dead. In this context, Han's action becomes one of self-defense rather than the murder of a law enforcement agent. Greedo’s appearance and his name were used to dehumanize him, and he was remorselessly killed by a cinema hero.
22. Chapter 3, entitled Walking While Black, tests the hypothesis that stereotypes of "blackness" are used to dehumanize those who are subsequently killed.
INDEPENDENCE DAY (1996) is a story about millions of black insect-like somewhat humanoid aliens who would rather blast every human being on earth than negotiate, apparently because they like blowing up cities and people. Throughout the movie, the black aliens ask for nothing while they blow up cities all over the world, murdering more than 400,000,000 people. These insects seem to be governed by one big black insect. The soldiers and combat pilots are black insects. Their mother ship is black. The daughter ships are black. The fighter vehicles are black. There are two leads in the film who are African American and a few bit players, but aside from them, if it's black, it's bad, and the good earthlings are going to try and kill it in self defense. If you are a person who prefers human anatomy to that of giant homicidal insects, they you would also presumably concur that the black insect aliens are ugly too (thus also supporting Hypothesis 2). At last, the earthlings catch onto a method of killing the insects with air to air missiles and some kind of nuclear ICBM. They are killed by the millions - and not one is mourned by any human in Independence Day. There is very little remorse expressed for the 400,000,000 dead humans either.
23. Chapter 4, entitled Incidents of Mass Destruction,
supports the hypothesis that "Americans see billions more deaths and murders than is commonly recognized". This hypothesis can only make sense relative to another report of visual violence. In Big World, Small Screen (1992, pp. 53-54), Huston, et al write, "By the time the average child graduates from elementary school, she or he will have witnessed at least 8,000 murders and more than 100,000 other assorted acts of violence." Without faulting the Huston analysis, this documentary illustrates that within these 25 subject films, Americans see over nine billion murders. In fact, in just two films, TERMINATOR 2: JUDGMENT DAY (1991) and STAR WARS (1977) viewers see nine billion murders. In TERMINATOR 2 the three billion murders are relatively unambiguous.
24. One featured TERMINATOR 2 sequence opens with the film's female lead, the muscular, tank topped and army booted Sarah Connor looking through a chain link fence and watching children playing in a park just a few feet away. Then, without warning, the blinding flash of a nuclear explosion knocks everyone down. Moments later, viewers are treated to Sarah’s body bursting into flames while she screams. She clings to the fence as she continues to flash fry and scream. A quick cut to the heat and flames engulfing the entire city and then it is multiple cuts back to Sarah’s body as her burned flesh is blown away like bits of red whip cream in a hurricane, leaving just her skeleton clinging to the chained links. How to judge how many casualties
this scene represents? The filmmakers tell us. In another scene, Sarah Connor explains to scientist Miles Bennett Dyson that his invention will be used to cause 3 billion deaths. In this context it seems that the nuclear war segment is meant to be an illustration of those murders. Incidents of Mass Destruction are included as a special category of death that merit recognition. It is not clear whether a murder is better illustrated graphically or "bloodlessly." The issues include contentions that graphic violence is certainly horrifying, but that horror is part of what discourages the infliction of real world harm and thus graphic violence is good - relatively speaking. On the other hand, bloodless deaths are less offensive, but in being less offensive may provide greater invitation to imitation. Regardless, showing billions of murders invites billions of murders, especially when they are bloodless and followed with relatively little remorse - or in the context of a cinematic unreality in which everyone might come back to life.
25.. Chapter 5, Gender Skewing Mortality, examines the hypothesis that "Males are more likely to be killed and are less likely to be missed." When it comes to specific killings of individuals, the matter is quite different. In the vast majority of specific cases, the deaths are of males. The documentary focuses on the first three of the Star Wars series to illustrate this point. All three films, STAR WARS (1977), THE EMPIRE
STRIKES BACK (1980), and RETURN OF THE JEDI (1983), only clearly identify four female characters. Clips from the films show that one character is eaten alive, one is roasted, one (Princess Lea) is shot at repeatedly, and only one other gets a speaking role and amazingly no one tries to kill her. Of these, the roasted one (Aunt Veru) is explicitly mourned, yielding a cinematically remarkable 50% remorse rate for women who are explicitly murdered in the first three films of the series.26. Chapter 6, Joking about death and murder, explores the hypothesis that "Deaths and murders are frequently joked about and celebrated." In ALADDIN (1992), Grand Vizier Jafar, tries to kill his rival Aladdin, with some kind of magic whirlwind. Jafar twists Aladdin's nose and sings to him that he's going to "..Send him packing on a one way trip, till his prospects take a terminal dip." Jafar then blasts Aladdin from an Arab nation into an Arctic region where Aladdin is expected to freeze to death. Killing Aladdin makes Jafar very happy and he laughs hysterically to show just how happy he is. Though the Genie is saddened by these events, the Grand Vizier presents an example of a remorseless attempted murderer for children.
27. Chapter 7, Comic Coyotes, tests the hypothesis that "actor action frequently suggests death but shows survival." HOME ALONE features a pair of thieves who attempt to burglarize a huge home occupied only by eight year old Kevin. Kevin has
accidentally been abandoned there by his parents. Kevin plays the hero of the film by thwarting the efforts of the burglars through the creative use of violence. The documentary clips used to support the hypothesis include scenes in which Kevin:
a) shoots a burglar in the head with a BB rifle;
b) uses a booby trap to hit a burglar in the face with a flying electric iron;
c) employs a rope to trapeze two one-gallon buckets of paint directly into the burglars' faces;
d) cuts a tightrope on which the burglars are climbing, slamming them into a brick wall and then dropping their bodies to the ground.
None of these events seem to result in serious injury to either criminal.
28. Chapter 8, Holy Ghosts, test the hypothesis that "actors are often brought back to life better than new as Holy Ghosts". In GHOST, Sam Wheat is shot dead. Dead Sam tries unsuccessfully to communicate with his lovely girlfriend, Molly Jensen, as she cries over his body. Soon, however, Sam learns he has many new powers. He can move through walls, ride subways for free, antagonize the living (who can not retaliate), and have sex with Molly Jensen. The movie presents death as something to look forward to - at least if you are a white guy with a cute girl friend.
29. Chapter 9, Resurrections examines the hypothesis that "actors are often brought back to life as good as new through Resurrections". Like Jesus, E.T. THE EXTRA-TERRESTRIAL (1982) is given the power to heal and restore life. With just a touch, others are healed. Like Jesus, E.T. is also resurrected once (unlike the Terminators and Aladdin who are resurrected many times). In these movies, heroes routinely come back to life with a startling frequency. Also routine is some demonstration of mourning but only for the person who is not permanently dead.
30. Chapter 10, Displacing Compassion by Loving Machines, examines the hypothesis that "Human deaths are often ignored while machines are loved". The Joker in BATMAN demonstrates the value of machines over people with a homicidal style that goes unrivaled in this film group. With giant, poison-gas-filled balloons, The Joker laughs, puts on his gas mask, and begins to poison the dozens of people who surround him. Batman, using his special Batman aircraft, flies into the scene. He simultaneously cuts the balloon tethers and seizes the Joker's poison gas balloons. This greatly distresses the Joker, who shouts, "He stole my balloons! Why didn't somebody tell me that he had one of those things?" The Joker then calmly asks his faithful employee Bob for his gun. Bob hands the Joker his pistol, and the Joker immediately shoots Bob. At last, The Joker is sorry about something, but not the murder of his associate or the poisoned people in the crowd. He is sorry about his lost balloons.
31. The final Chapter, Good Grief, provides a contrasting presentation, reviewing movies that portray life and death plausibly and sensitively. GONE WITH THE WIND may present slaves in a ludicrous light, but at least in this movie dead people stay dead. Moreover, the killing is not trivialized and the dead are mourned. To illustrate this, a clip is reviewed in which hundreds of Southerners receive news of the names of the soldiers recently killed in battle. The camera focuses on an elderly couple who have evidently just lost their son. That their son is dead is skillfully conveyed wordlessly, through expressions.
32. A true copy of the documentary video representing Plaintiffs' work which is described above is attached herewith as Exhibit A, and incorporated by reference.
C. PETE LIVINGSTON's Dispute with DEFENDANTS
33. On or about January 15, 2002, PLAINTIFF, PETE LIVINGSTON sent a letter requesting permission from FOX ENTERTAINMENT GROUP, INC., WARNER COMMUNICATIONS, INC., DISNEY ENTERPRISES, INC., MGM/UA, INC., PARAMOUNT PICTURES CORPORATION, and UNIVERSAL STUDIOS CONSUMER PRODUCTS, INC, to use clips from the movies in OVER 9 BILLION DEAD SERVED. PLAINTIFF also sent a copy of the completed documentary video to DEFENDANTS. Although not required to do so, PLAINTIFF sent the requests to remove any possible cloud over PLAINTIFF's right to distribute and exhibit video. In order to further clarify the rights to the
documentary, PLAINTIFF sent another query to each of these DEFENDANTS on or about March 19, 2002. On or about February 4, 2002, PLAINTIFF sent a letter requesting permission from LUCASFILM, LTD. PLAINTIFF also sent a copy of the completed documentary video to DEFENDANT LUCASFILM, LTD. On or about July 30, 2002, PLAINTIFF sent a letter to LE STUDIO CANAL + MUSIC, INC. In response to these queries, DEFENDANT UNIVERSAL STUDIO CONSUMER PRODUCTS, INC. threatened to sue PLAINTIFF and demanded he destroy his work; FOX ENTERTAINMENT GROUP, INC. told the PLAINTIFF that his actions were "actionable" due to violation of copyright, that it "actively seeks to prohibit any unauthorized publication", and that "we are writing to ensure that you do not include said film clips" in any "distribution of the video". The specter of such litigation against PLAINTIFF has a chilling effect both on his ability to distribute or display his work and on his First Amendment speech rights.
34. For the reasons stated above, PLAINTIFFS seek declaratory judgment that distribution this documentary video (1) is protected by the First Amendment (2) constitutes a Fair Use under provisions of the United States Copyright Code, and (3) does not render PLAINTIFFS liable for direct, contributory, or vicarious copyright infringement.
CLAIMS FOR RELIEF
(Declaratory Relief Regarding Direct, Vicarious, or Contributory Copyright Infringement, 17 USC Section 101 et seq.)
35. PLAINTIFFS incorporate by reference the allegations contained in Paragraph 1 through 34, inclusive.
36. DEFENDANTS have claimed that the work, OVER 9 BILLION DEAD SERVED (previously From Death Do We Profit) itself and any distribution or display of it constitutes direct, vicarious, or contributory copyright infringement.
37. DEFENDANTS' assertions and threats to litigate impair PLAINTIFFS' ability to pursue distribution of this video and have a chilling effect on the free speech rights of PLAINTIFFS.
38. An actual, present and justiciable controversy has arisen between PLAINTIFFS and DEFENDANTS concerning PLAINTIFFS' right to distribute and display his documentary video under The Copyright Act.
39. PLAINTIFFS seek a declaratory judgment from this Court that activities in making, distributing, and displaying this video do not violate the provisions of the Unites States Copyright Act on the grounds that the documentary video has substantial non-infringing uses and/or that the use of the clips from DEFENDANTS' films constitutes Fair Use, or that the provision of Copyright Act, if interpreted to bar the distribution of the documentary video, violates the First Amendment of the Constitution.
PRAYER FOR RELIEF
WHEREFORE, PLAINTIFFS accordingly requests that the Court:
1. Enter judgment according to the declaratory relief
2. Award PLAINTIFFS costs in this action; and
3. Enter such other further relief to which PLAINTIFF may be entitled as a matter of law or equity, or which the Court determines to be just and proper.
Pursuant to Federal Rule of Civil Procedure 38 and Civil Local Rule 3-6, PLAINTIFFS NOT THE ENEMY MEDIA and PETE LIVINGSTON hereby demand a jury trial on all issues so triable.
Dated: February 18, 2003
TESFAYE W. TSADIK
ATTORNEYS for PLAINTIFFS
NOT THE ENEMY MEDIA
and PETE LIVINGSTON