Federal case, filed in the Northern District of California, for twenty (20) claims of copyright infringement by six renowned origami artists against artist Sarah Morris, who used the origami artists' crease patterns for her own works, without license or attribution. The document is the First Amended Complaint, which includes color photographs of the origami artists' crease patterns and Sarah Morris' usage of those crease patterns. For more, go to or http://www.bayoaklaw.com/wordpress/origami-lawsuit/. 123456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ANDREW K. JACOBSON (CSBN 148583) LAURA KOCH (CSBN 266072) BAY OAK LAW 180 Grand Ave Ste 700 Oakland, California 94612 Telephone: (510) 208-5500 Fax: (510) 208-5511 [email protected][email protected] CAROLINE N. VALENTINO (CSBN 118438) HAIMS VALENTINO LLP 180 Grand Ave Ste 700 Oakland, California 94612 Telephone: (510) 835-0500 Fax: (510) 835-2833 [email protected] Counsel for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ROBERT J. LANG,NOBORU MIYAJIMA, MANUEL SIRGO,NICOLA BANDONI, TOSHIKAZU KAWASAKI, AND JASON KU PLAINTIFFS, V.
(2011) This new edition of Origami Design Secrets adds several diagrams for new models, 10 crease patterns for new designs, and new chapters on advanced.
SARAH MORRIS, DEFENDANT. C11-01366-EMC FIRST AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF FOR COPYRIGHT INFRINGEMENT DEMAND FOR JURY TRIAL //////-1-Case No. C11-01366-EMC FIRST AMENDED COMPLAINT123456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COMPLAINT Robert Lang, Noboru Miyajima, Manuel Sirgo, Nicola Bandoni, Toshikazu Kawasaki, and Jason Ku (?Plaintiffs”) allege the following. NATURE OF THE ACTION 1. This is an action by six artists to recover damages and enjoin infringement of their copyrighted artworks by Sarah Morris, an internationally known painter and film maker. Plaintiff Robert J. Lang (?Lang”) is, and has been at all times relevant to this lawsuit, an individual residing in Alamo, California.
Plaintiff Noboru Miyajima (?Miyajima”) is an individual residing in Japan. Plaintiff Manuel Sirgo (?Sirgo”) is an individual residing in Spain. Plaintiff Nicola Bandoni (?Bandoni”) is an individual residing in Italy. Plaintiff Toshikazu Kawasaki (?Kawasaki”) is an individual residing in Japan.7. Plaintiff Jason Ku (?Ku”) is an individual residing in Massachusetts. Defendant Sarah Morris (?Morris” or?Defendant”) is an individual residing in New York.
JURISDICTION AND VENUE 9. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a) because this case arises under the Copyright Laws of the United States, 17 U.S.C.
§ 101 et seq. (“Copyright Act”). Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b) and 1400(a) because this is a judicial district in which a substantial part of the events giving rise to the claims occurred, and/or this is a judicial district in which Defendant may be found. Defendant may be found in this district in that this -2-Case No. C11-01366-EMC FIRST AMENDED COMPLAINT123456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Court has personal jurisdiction over her. See Brackett v.
Hilton Hotels Corp., 619 F.Supp. 2d 810, 816 (N.D. 2008) (interpreting Section 1400(a) to mean that venue “is proper in any judicial district in which the defendant would be amenable to personal jurisdiction if the district were a separate state”). This Court has supplemental jurisdiction over the claims by Miyajima, Sirgo, Bandoni, Kawasaki, and Ku because these claims are so related to Lang’s claims that they form part of the same case or controversy. INTRADISTRICT ASSIGNMENT 11.
Pursuant to Civil L.R. 3-2(c) and 3-2(d), Oakland is an appropriate division for this action because a substantial part of the events or omissions which give rise to the claims of Robert Lang occurred in Contra Costa County. Lang lives and works in the city of Alamo, which lies in Contra Costa County. PLAINTIFFS’ RIGHT TO COPYRIGHT PROTECTION 12.
On the date of first publication of works relevant hereto, each Plaintiff was a national or domiciliary of the United States or a country with which the United States has a copyright treaty. Each of Plaintiffs’ works relevant hereto was first published in the United States or in a country that is party to the Universal Copyright Convention. BACKGROUND 14. The worldwide popularity of origami, the ancient art of paper folding, has increased dramatically in the past several decades. The application of mathematical formulas has made it possible to design and create lifelike, three-dimensional figures from a single sheet of paper. Modern origami is a unique sculptural art with millions of enthusiasts (also known as?folders” or?origami artists”) who use the internet to share images and communicate about their interests. In addition, there are local and international folding groups, as well as conferences, publications, competitions, and art -3-Case No.
C11-01366-EMC FIRST AMENDED COMPLAINT123456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 exhibits featuring origami. Plaintiffs are among a small number of artists who are capable of designing highly complex origami models. Plaintiffs have created and published crease patterns for some of their models. The lines of a crease pattern represent the folds needed to create a threedimensional origami model from a sheet of paper, but the intricacy of these geometric diagrams gives crease patterns their own aesthetic appeal.
Crease patterns thus lend themselves to derivative works, such as colorized versions. Since the mid-1990s, Sarah Morris has been internationally recognized as a painter and film maker. In 2007, Morris debuted her?Origami series,” which consists of approximately 37 paintings.
Morris transferred crease patterns to canvas and applied household gloss paint to the spaces between the lines. Morris has represented in interviews and promotional materials that the paintings in the Origami series are based on?found origami designs” or?traditional” patterns. Twenty-four of Morris’s paintings are strikingly similar to copyrighted artworks belonging to Plaintiffs (?Plaintiffs’ Works”) because Morris has unlawfully copied Plaintiffs’ Works for commercial use. Attached as Exhibit A and incorporated herein by this reference is a chart showing each Plaintiff’s artwork and the corresponding Infringing Work. Plaintiffs are not aware that the term is part of the work's title.
The infringing paintings by Morris (collectively?the Infringing Works”) are referred to by Plaintiffs and, on information and belief, are named:?Angel,”?Bat,”?Calypte Anna,”?Cat,”?Cat” (outline)1,?Dragon,”?Falcon,”?Grasshopper,”?Grasshopper” (outline), 1 Where the word?outline” appears in parentheses, Plaintiffs have used this term only to distinguish the painting style. Plaintiffs are not aware that the term is part of the work’s title. C11-01366-EMC FIRST AMENDED COMPLAINT123456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26?June Beetle,”?Kawasaki Cube,”?Mommoth” (outline),?Parrot,”?Pegasus,”?Pegasus” (outline),?Praying Mantis,”?Rabbit,”?Rhino Beetle,”?Rockhopper,”?Swan,”?Swan” (outline),?Tarantula,”?Weasel” (outline), and?Wolf.” 20.
Each of Plaintiffs’ Works is the subject of a valid Certificate of Copyright Registration from the Register of Copyrights or is the subject of an application under which registration is pending. Attached as Exhibit B and incorporated herein by this reference is a list of Plaintiffs’ Works and the corresponding copyright information, including the dates of registration or application for registration where pending. The paintings in the Origami series have been exhibited individually and in various combinations in the United States and all over the world, including New York, Miami, London, Berlin, Tokyo, Frankfurt, and Abu Dhabi. Images of the paintings have also been published in exhibition promotional materials, auction catalogs, and magazine articles, both in print and on the internet.
Images of many of the paintings are available on the internet by searching for the terms?sarah morris origami” on Google or Yahoo and selecting?Images.” The paintings also appear in online photo sharing programs such as Flickr.com. On information and belief, Morris is responsible for the creation of additional works that are derivative of the Infringing Works, including, but not limited to, a magazine cover and handmade rug derived from?Angel,” and signed original prints of?Rockhopper.” 23. Morris actively promotes herself and her work nationally and internationally. On information and belief, Morris has sold or offered for sale the Infringing Works throughout the United States and internationally. Morris has promoted the Origami series extensively, through interviews and articles that are readily accessible on the internet, in videos, and in print. Morris has exhibited the Infringing Works in cities around the world. C11-01366-EMC FIRST AMENDED COMPLAINT123456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 24.
Morris has willfully infringed Plaintiffs’ copyrights by reproducing, displaying, distributing, and utilizing for purposes of trade and promotion unauthorized derivative versions of Plaintiffs’ Works. Morris has received substantial benefits in connection with the commercial promotion of the Infringing Works. On information and belief, Morris has derived significant income and advanced her reputation and career as a result of exhibiting, promoting, licensing, and selling the Origami series in general and the Infringing Works specifically. Unless enjoined, Morris will continue the infringing activities and will continue to derive income and other benefits therefrom.
Morris has claimed in interviews and promotional materials that the Origami series is based on?found diagrams,”?found designs,” and?traditional origami diagrams.” During the same time period, Plaintiffs have continuously held themselves out as the authors of the crease patterns Morris copied. Morris has created confusion as to the authorship of Plaintiffs’ Works and threatened their professional reputation by failing to attribute Plaintiffs and by making repeated, affirmative misrepresentations about the origins of the crease patterns she copied. Morris’s actions have created competition for Plaintiffs by occupying the market for painted versions of their copyrighted artworks. FACTS SPECIFIC TO ROBERT J. Lang has been an avid student of origami for over forty years and is recognized as one of the world’s leading masters of the art. Lang makes his living primarily by creating commissioned origami works for private and commercial use, writing and publishing books on origami, lecturing on the topic of origami, and consulting on the scientific and mathematical applications of -6-Case No. C11-01366-EMC FIRST AMENDED COMPLAINT123456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 origami.
Lang’s origami models have appeared in print and on television and have been placed on display in public venues and galleries. Lang is the author of the book Origami Design Secrets: Mathematical Secrets for an Ancient Art, published on or about October 23, 2003, by A K Peters Ltd. The book’s copyright was registered on December 1, 2003, which is within three months after first publication of the work. A copy of the Certificate of Registration of Copyright is attached as Exhibit C and incorporated herein by this reference. The artworks published in Origami Design Secrets that are relevant to this lawsuit are:.?Grasshopper” (Figure 5.29 at page 113);.?Hummingbird” (Figure 4.15 at page 66);.?KNL Dragon” (Figure 6.12 at page 138);.?Pegasus” (Figure 8.27 at page 246);.?Praying Mantis” (Figure 8.49 at page 260);.?Rabbit” (Figure 13.11 at page 530); and.?Tarantula” (Figure 9.23(a) at page 300). Lang has maintained a website at www.langorigami.com at all times relevant to this lawsuit. Since 2004, the following notice has appeared on Lang’s website:?This site (excluding linked websites) is controlled by Robert J.
Lang from within the state of California, USA. By accessing this website, you agree that all matters relating to access to, or use of, this website shall be governed by the laws and courts of the state of California.” Since 2004, the website has also notified users that?Dr.
Lang resides in Alamo, California.” 35. Lang’s artworks?Cooper’s Hawk” and?Eupatorus gracilicornis” were published on Lang’s website at all times relevant to this lawsuit. A copy of the Certificate of Registration of Copyright for?coopershawkcp” (a.k.a.?Cooper’s -7-Case No.
C11-01366-EMC FIRST AMENDED COMPLAINT123456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Hawk”) is attached as Exhibit D and incorporated herein by this reference. A copy of the Certificate of Registration of Copyright for?Eupatorus gracilicornis CP” is attached as Exhibit E and incorporated herein by this reference. The New Yorker magazine published an article about Lang titled The Origami Lab: Why a physicist dropped everything for paper folding,” in its February 2007 issue (hereinafter?the Lang article”). The first sentence of the Lang article identifies Lang as a Californian. The Lang article also states:?Lang and his wife and their teen-age son live about twenty miles east of Oakland,” and goes on to describe Lang’s work studio, located at his home. A printout of the Lang article, retrieved from the website of The New Yorker on March 3, 2011, is attached as Exhibit F and incorporated herein by this reference.
An interview with Morris was published in the September 2007 issue of Res magazine. A copy of the article retrieved March 3, 2011 from internet address is attached as Exhibit G and incorporated herein by this reference.
The article attributed the following statement to Morris:?There was a very intriguing article in The New Yorker magazine a couple of months ago about how origami is used now for scientific solutions to do with a sic heart valves, for instance.” On information and belief, Morris was referring to the Lang article attached as Exhibit F. Morris referred directly to the Lang article in an interview published on the internet: Sarah: Did you see the article in The New Yorker that came out right when I did my show with Friedrich Petzel Gallery, which was all with origami pieces? It’s about a physicist named Robert Lang who uses origami for heart valves and different scientific solutions because it’s such an easy form that gives rise to these complex things and that you can actually fold it in a way that opens in a sterile way. Did you read that? But I’d like to read it. Sarah: I’ll have to send it to you. It was February 2007.
It’s really -8-Case No. C11-01366-EMC FIRST AMENDED COM.