PLAINTIFFS ORIGINAL COMPLAINT

Arryn Zech

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Plaintiff in pro per

IN THE UNITED STATES DISTRICT COURT

IN AND FOR THE DISTRICT OF

COMES NOW Sidenty (hereinafter, “Plaintiff”), and files this Complaint against [NAME OF PARENT COMPANY d/b/a masterfap.net (hereinafter, “Defendant”) for copyright infringement and damages, and in support thereof alleges as follows:

1. PARTIES
2. Plaintiff Sidenty is a company that protects the works of professional content creators and models who has created original works of authorship that are eligible for protection under the United States Copyright Act, 17 U.S.C. §101 et seq.
3. Defendant [NAME OF PARENT COMPANY] d/b/a masterfap.net is a website that is infringing on Plaintiff’s copyrights by reproducing, distributing, and publicly displaying her copyrighted works without permission.

1. JURISDICTION AND VENUE
2. This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. §1331 and §1338(a), as this action arises under the United States Copyright Act.
3. Venue is proper in this judicial district under 28 U.S.C. §1391(b), as Defendant is located in this district, conducts business in this district, and has caused harm to Plaintiff in this district.

1. COPYRIGHT INFRINGEMENT
2. Plaintiff provides content protection services of certain original works of authorship, including but not limited to photographs, videos, and other visual and audiovisual content (collectively, the “Works”), which are protected under the Copyright Act.
3. Defendant has been infringing Plaintiff’s client’s (Arryn Zech) copyrighted Works by reproducing, distributing, and publicly displaying them without Plaintiff’s permission or consent. Defendant has done so through its website and other online platforms, including social media.
4. Defendant’s unauthorized use of Ms. Zech’s copyrighted Works has caused Plaintiff to suffer substantial damages, including but not limited to the loss of income from the distribution of her content on OnlyFans, damage to her professional reputation, and other economic and non-economic harm.

1. DMCA VIOLATIONS
2. Plaintiff has repeatedly notified Defendant of its infringing activities and has demanded that Defendant immediately cease and desist from infringing Ms. Zech’s copyrights.
3. Plaintiff has also submitted multiple Digital Millennium Copyright Act (“DMCA”) takedown notices to Defendant, pursuant to 17 U.S.C. §512.
4. Despite Plaintiff’s repeated notices and takedown requests, Defendant has continued to infringe Ms. Zech’s copyrights by reproducing, distributing, and publicly displaying her copyrighted Works.
5. Defendant’s continued infringement of Ms. Zech’s copyrights, despite repeated notices and takedown requests, constitutes a willful and intentional violation of the DMCA and demonstrates Defendant’s disregard for Ms. Zech’s intellectual property rights.

1. COUNT I: COPYRIGHT INFRINGEMENT
2. Plaintiff re-alleges and incorporates by reference all allegations set forth above.
3. Defendant’s unauthorized use of Ms. Zech’s copyrighted Works constitutes copyright infringement in violation of 17 U.S.C. §501.
4. Defendant’s infringing activities have caused Ms. Zech to suffer substantial damages, including but not limited to the loss of income, damage to her professional reputation, and other economic and non-economic harm.

1. COUNT II: DMCA VIOLATIONS
2. Plaintiff re-alleges and incorporates by reference all allegations set forth above.
3. Defendant’s continued infringement of Ms. Zech’s copyrighted Works, despite repeated notices and takedown requests, constitutes a willful and intentional violation of the DMCA in violation of 17 U.S.C. §512.
4. Defendant’s willful and intentional violation of the DMCA has caused Ms. Zech to suffer substantial damages, including but not limited to the loss of income, damage to her professional reputation, and other economic and non-economic harm.

1. COUNT III: MISAPPROPRIATION OF LIKENESS
2. Plaintiff re-alleges and incorporates by reference all allegations set forth above.
3. Defendant’s unauthorized use of Ms. Zech’s name, image, and likeness in connection with its infringing activities constitutes misappropriation of Ms. Zech’s likeness, in violation of Plaintiff’s right to privacy.
4. Defendant’s use of Ms. Zech’s name, image, and likeness has caused Ms. Zech to suffer harm, including but not limited to the loss of control over her own identity, loss of income, and damage to her professional reputation.

1. COUNT IV: VIOLATION OF RIGHT TO PUBLICITY
2. Plaintiff re-alleges and incorporates by reference all allegations set forth above.
3. Defendant’s unauthorized use of Ms. Zech’s name, image, and likeness in connection with its infringing activities constitutes a violation of Ms. Zech’s right of publicity under state law.
4. Defendant’s use of Ms. Zech’s name, image, and likeness has caused Ms. Zech to suffer harm, including but not limited to the loss of control over her own identity, loss of income, and damage to her professional reputation.

1. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in her favor and against Defendant on the claims of misappropriation of likeness and violation of right to publicity, and award the following relief:

1. An injunction permanently enjoining Defendant from using Ms. Zech’s name, image, and likeness in connection with its infringing activities;
2. An award of damages in an amount to be determined at trial, but no less than the amount of profits made by Defendant from the unauthorized use of Ms. Zech’s name, image, and likeness, and all other damages sustained by Plaintiff as a result of Defendant’s misappropriation and violation of her right of publicity;

• An award of Plaintiff’s costs and reasonable attorneys’ fees incurred in bringing and maintaining this action;

1. Any other relief that this Court deems just and proper.

Dated this ____ day of April, 2023.

Respectfully Submitted,

___________________________________

,
Plaintiff in pro per

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