Complaint
(Copyright Infringement)

Summary

This template is a complaint that alleges copyright infringement of a federally registered copyrighted work under Section 501 of the Copyright Act (17 U.S.C. § 501). This template includes practical guidance, drafting notes, and alternate and optional clauses. This complaint assumes that the plaintiff owns a valid copyright, that the plaintiff's work is registered, and that counsel has a good faith basis to pursue the claim of infringement in accordance with Fed. R. Civ. P. 11. For a work to be copyrightable and hence valid, it must be a work of authorship (i.e., the appropriate subject matter), original, minimally creative, and fixed in a tangible medium of expression. 17 U.S.C. § 102(a). For more on these requirements, see Copyright Fundamentals. As to registration, a registration certificate must actually issue before you can file suit. See Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC, 139 S. Ct. 881, 888 (2019). This complaint does not include any other claims aside from copyright infringement. If you choose to include additional claims based on the facts of your case, revise this complaint accordingly. Some examples of commonly asserted claims in copyright cases include: • Contributory copyright infringement • Vicarious copyright infringement • Breach of contract (such as a license agreement) • Trade secret misappropriation • Trademark infringement under the Lanham Act For more information on breach of contract claims in the copyright context, see Nimmer on Copyright § 10.15. For more information on trade secret misappropriation, see Trade Secret Fundamentals — Misappropriation. For more information on trademark claims, see Trademark Infringement and False Designation of Origin Claims, Remedies, and Defenses. If you assert state law claims (such as breach of contract, trade secret misappropriation, or unfair competition), be aware that they may be preempted by the Copyright Act. See 17 U.S.C. § 301(a). There is substantial case law that varies from court to court on this issue, but typically, a state law claim is preempted unless there is an "extra element" or the claims are sufficiently different or provide different relief. For more on preemption, see Copyright Fundamentals — Preemption. Note also that the plaintiff must file additional materials along with the complaint. Check your district's local rules and Electronic Case Filing (ECF) rules to ensure you submit the correct materials. Generally, these materials include: • Civil cover sheet. A civil cover sheet must be submitted with every complaint and is typically available for download from the court's website under the forms section. It requires you to identify the parties and their residences, the basis for jurisdiction (i.e., federal question or diversity), the citizenship of the parties, the nature of the suit (select "Copyright," which appears under the "Property Rights" category), whether a jury is demanded, and whether there are any related cases. • Summons. A summons must be completed for each defendant and given to the clerk of the court "[o]n or after" filing the complaint (or, alternatively, one summons may list multiple defendants). The summons form is also typically available on the court's website under the forms section. For a sample summons, see Summons (Federal). You should only fill out the parties' names and the defendant's name and address sections. The clerk will fill out the Civil Action No. section and the rest of the first page and then sign, seal, and issue the summons to the plaintiff for service on the defendant(s). Fed. R. Civ. P. 4(b). The plaintiff then gives this form to the process server, who will serve a copy of it, along with the complaint, on the defendant(s). The process server will fill out the second page—the Proof of Service section—and return it to the plaintiff to file with the court. For more on service, see Commencing a Lawsuit: Serving Process (Federal). • Disclosure statement. Most courts have a local rule that requires any corporate party to submit a form identifying publicly held companies that are related to the corporate party. This is typically called a corporate interest or financial interest disclosure statement. The disclosure allows the judge to determine whether they must disqualify or recuse themself from the case. The form is usually available on the court's website under the forms section, and the local rules of the district will explain the information that must be disclosed. For more on the disclosure statement, see Commencing a Lawsuit: Drafting and Filing the Complaint (Federal) — Corporate Disclosure Statement. For a sample disclosure statement, see Rule 7.1 Corporate Disclosure Statement (Federal). • Copyright Form AO 121. The clerk of the court must send this form to the Register of Copyrights within 30 days after a complaint is filed that involves registered copyrights. 17 U.S.C. § 508. Many clerks will complete this form on their own; however, in some districts, the plaintiff is required to submit it with the complaint. Be sure to check your local rules. The form is available here. • Proof of service. Unless service is waived, you must file proof of service of the summons and complaint with the clerk of the court. Generally, this will be an affidavit signed by the individual who effected service (such as a private process server). See Fed. R. Civ. P. 4(l)(1). For more on service, see Commencing a Lawsuit: Serving Process (Federal). For a sample affidavit, see Affidavit of Service of Process (Federal). For guidance on drafting a copyright complaint and pre-suit considerations, see Copyright Infringement Complaint Checklist and Pre-suit Considerations in Copyright Litigation. For an overview of copyright law, see Copyright Fundamentals. For an overview of copyright infringement claims and defenses, see Copyright Enforcement Resource Kit. For general information on drafting a complaint in federal court, see Commencing a Lawsuit: Drafting and Filing the Complaint (Federal) and Commencing a Lawsuit Checklist (Federal).