(1997)
A-Mark Entertainment, LLC v. Vision Films, Inc.
On or about October 1, 2009, plaintiff A-Mark Entertainment acquired from the Screen Actors Guild all right, title and interest, including copyrights, in and to the following 19 motion pictures:
(a) Fatal Pursuit;
(b) Girl In The Cadillac;
(c) Killing Midnight;
(d) Pendulum;
(e) Ripper Man;
(f) Shadow Hours, aka Night Shadows;
(g) St. Patrick’s Day;
(h) Sally;
(i) Good Luck, aka The Ox And The Eye, aka Guys Like Us, aka
Gimps;
(j) High Freakquency, aka 24/7 Radio;
(k) Livers Ain’t Cheap, aka The Real Thing;
(l) Markus 4, aka Firestorm;
(m) Nature Trail, aka Lying In Wait;
(n) Nikita Blues;
(o) Vasectomy: A Delicate Matter;
(p) Blade Boxer;
(q) Felons, aka Charades;
(r) Theory Of The Leisure Class; and
(s) Weekend Adventure, aka Sorority Girls And The Creature
From Hell, aka Blood Hungry.
Prior to plaintiff’s acquisition of the 19 Movies — SAG and Vision Films had a sales agency agreement dated October 2, 2006. Pursuant to the Sales Agency Agreement, Vision was engaged to act as SAG’s sales agent with respect to the 19 Movies for a term expiring on June 30, 2010.
On or about February 1, 2011, plaintiff A-Mark Entertainment learned that Vision Films had continued to offer plaintiff’s Movies for exploitation. Defendants have infringed plaintiff’s copyright in St. Patrick’s Day, by, inter alia, reproducing the motion picture in copies, by distributing copies of the motion picture to the public, by performing the motion picture publicly, by displaying the motion picture publicly and/or by causing, inducing or purporting to authorize all or some of the foregoing infringements, all without plaintiff’s consent, or are vicariously liable for the foregoing infringements.
Plaintiff is further entitled to recover from defendants the damages plaintiff has sustained and will sustain, and all gains, direct and indirect profit and advantages obtained by defendants as a result of defendants’ acts of infringement, or, at plaintiff’s election, statutory damages of $150,000 for each infringement of the motion picture’s copyright.
Judgment: Pursuant to the parties’ Settlement Stipulation, this action is hereby dismissed, in its entirety and with prejudice, with plaintiff A-Mark Entertainment, LLC, on the one hand, and defendants Vision Films, Inc. and Lise Romanoff, on the other hand, to bear their respective attorneys’ fees and costs, and with the Court retaining jurisdiction to enforce the parties’ Settlement Agreement.