Zelus Film Holding Company, LLC filed a complaint against Amazon.com Inc. and Amazon Digital Services LLC for copyright infringement on Tuesday in the Central District of California. The company claimed that Amazon infringed the plaintiff’s rights to the 2002 motion picture Spellbound by making it available on Amazon’s Prime Video streaming service.
Amazon
is accused of violating the plaintiff’s copyright by “streaming,
broadcasting, renting, selling and distributing” Spellbound in the
United States without obtaining permission or a license from Zelus Film
Holdings. In 2015, the plaintiff became the successor-in-interest to
exclusive rights for the motion picture. They stated that between July
7, 2017 and February 4, 2019 the defendants made the motion picture
available via on demand purchase or subscription format. As a result,
Zelus Film Holdings claimed that the motion picture was streamed,
rented, or purchased hundreds of times by Prime Video users in violation
of its copyright and exclusive rights.
After
being notified about its alleged infringement, Amazon removed the
motion picture from Prime Video. Zelus Film Holdings added that it has
requested information from Amazon about this “unauthorized
exploitation.” The plaintiff asserted that Amazon’s infringement was
willful and intentional. Amazon was also accused of contributory
copyright infringement and vicarious copyright liability.
Zelus
Film Holdings has sought for a ruling that the defendants to have
infringed on its copyright, willfully, contributorily, and vicariously;
an award for damages, including actual, statutory, exemplary and
punitive damages; an award for costs and fees; pre- and post-judgment
interest; and other relief as determined by the court.
The plaintiff is represented by Zuber, Lawler & Del Duca LLP.
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