INTRODUCTION
1This action seeks to recover damages for copyright infringement under the Copyright Act, 17 U.S.C. §101 et seq.
2Felipe Ramales (“Ramales”) created photographs of actress Anne Hathaway (“Photographs 1-2”) spotted in New York City and of actor Orlando Bloom carrying his dog (“Photograph 3”) (hereinafter referred to collectively as the “Photographs”) in which Plaintiff owns the rights and licenses for various uses including online and print publications.
3Defendant owns and operates a social media account on Facebook known as “PRIMETIME por ABC Puerto Rico” (“Account 1”).
4Defendant owns and operates a social media account on Instagram known as @primetimeabc (“Account 2”). (Hereinafter the social media platforms set forth above of “Account 1” and “Account 2” are collectively referred to as the “Accounts”)
5Defendant, without permission or authorization from Plaintiff, actively copied and/or displayed the Photographs on the Accounts and engaged in this misconduct knowingly and in violation of the United States copyright laws.
PARTIES
6Ramales Photography LLC is a New York limited liability company and maintains its principal place of business in Bronx County, New York.
7Upon information and belief, defendant Telecinco, Inc., is a Puerto Rico corporation with a principal place of business at Avenida José González Clemente #449, Mayagüez in Mayagüez County, Puerto Rico.
JURISDICTION AND VENUE
8This Court has subject matter jurisdiction over the federal copyright infringement claims pursuant to 28 U.S.C. §1338(a) and 28 U.S.C. §1331.
9This Court has personal jurisdiction over Defendant because it maintains its principal place of business in Puerto Rico.
10Venue is proper under 28 U.S.C. §1391(b)(2) because Defendant does business in this Judicial District and/or because a substantial part of the events or omissions giving rise to the claim occurred in this Judicial District.
FACTS COMMON TO ALL CLAIMS
A.
Plaintiff's Copyright Ownership
11Plaintiff is a professional photography company by trade who is the legal and rightful owner of certain photographs which Plaintiff commercially licenses.
12Plaintiff has invested significant time and money in building Plaintiff's photograph portfolio.
13Plaintiff has obtained active and valid copyright registrations from the United States Copyright Office (the “USCO”) which cover many of Plaintiff's photographs while many others are the subject of pending copyright applications.
14Plaintiff's photographs are original, creative works in which Plaintiff owns protectable copyright interests.
15On July 10, 2025, Plaintiff first published Photograph 1. A copy of Photograph 1 is attached hereto as Exhibit 1.
16On July 10, 2025, Plaintiff first published Photograph 2. A copy of Photograph 2 is attached hereto as Exhibit 1.
17On September 5, 2025, Photographs 1-2 were registered by the USCO under Registration No. VA 2-467-002.
18On June 10, 2025, Plaintiff first published Photograph 3. A copy of Photograph 3 is attached hereto as Exhibit 1.
19On September 4, 2025, Photograph 3 was registered by the USCO under Registration No. VA 2-467-003.
20In creating the Photographs, Plaintiff personally selected the subject matter, timing, lighting, angle, perspective, depth, lens and camera equipment used to capture the images and made each and every artistic determination necessary for the creation of the works.
21Plaintiff created the Photographs with the intention of it being used commercially and for the purpose of display and/or public distribution.
22Plaintiff acquired the rights in and to the Photographs by way of a valid written transfer agreement. B.
Defendant's Infringing Activity
23Defendant is the registered owner of Accounts and is responsible for its content.
24Defendant is the operator of the Accounts and is responsible for its content.
25The Accounts are part of and used to advance Defendant's commercial enterprise.
26Upon information and belief, Defendant is a sophisticated media company which owns a comprehensive portfolio of digital marketing assets and has advanced operational and strategic expertise in an industry where copyright is prevalent.
27Upon information and belief, Defendant's staff have significant experience in copyright matters and are familiar with specific journalistic practices including the need to ensure that images used in their posts have been properly licensed.
28Upon information and belief, Defendant has not implemented adequate internal policies to verify copyright ownership before content use, indicating a gross negligence in legal compliance, which is essential for a company with Defendant's reach, capabilities, and level of sophistication.
29Upon information and belief, Defendant's internal policies, if any, are either not designed to verify copyright ownership before content use or are systematically ignored, indicating a willful, recurring disregard for copyright compliance.
30Defendant's failure to adopt or effectively enforce internal copyright policies, if any, indicates de facto willful infringement.
31On or about July 14, 2025, without permission or authorization from Plaintiff, Defendant volitionally copied and displayed Photograph 1 on Account 1 as part of on-line posts at URLs: https://www.facebook.com/primetimeabc/posts/pfbid02m1DKr8G5hHQvowkQuaW9T19KrnZ6 V1kh3BcPWYY7Nv2e83yK5xTYAp6Qhv76i2dhl
(“Infringement 1”) and
https://www.facebook.com/photo?fbid=1321837099945638&set=pcb.1321839229945425 (“Infringement 2”). Copies of screengrabs depicting Infringements 1-2 are attached hereto as Exhibit 2.
32The Photograph was intentionally and volitionally copied and stored by Defendant at
URL: https://scontent-lga3-1.xx.fbcdn.net/v/t39.30808-
6/517677790_1321837103278971_620612718614328707_n.jpg?_nc_cat=103&ccb=1- 7&_nc_sid=127cfc&_nc_ohc=OpJKBTpm2HcQ7kNvwEJVmGu&_nc_oc=Adlpp01lF6mL4q0c HT8BhmW-YAHtHUGI8XAmTnANQMkDHVE9Ljs9- Lxbe3aVwogQYWNOFlsPr4KsDwQBjpDWmsXE&_nc_zt=23&_nc_ht=scontent-lga3- 1.xx&_nc_gid=fW8FcZsQuTx1_QHbX8WBGA&oh=00_AfZVPCQzhSEgmadWDpJl_39Z3syn DFeai1EoCYvdG2Bvkw&oe=68C7B936.
33On or about July 14, 2025, without permission or authorization from Plaintiff, Defendant volitionally copied and displayed Photograph 2 on Account 1 as part of an on-line post at
URL:
https://www.facebook.com/photo?fbid=1321837069945641&set=pcb.1321839229945425 (“Infringement 3”). A copy of a screengrab depicting Infringement 3 is attached hereto as Exhibit 2.
34The Photograph was intentionally and volitionally copied and stored by Defendant at
URL: https://scontent-lga3-1.xx.fbcdn.net/v/t39.30808-
6/518369908_1321837079945640_5855199415446841489_n.jpg?_nc_cat=111&ccb=1- 7&_nc_sid=127cfc&_nc_ohc=MOP2OguTj6cQ7kNvwFS4_VP&_nc_oc=AdneCvAfYuTj9JYx Vzmget90HphHRz2bzJJEVrqyl7z-AYW04becP5wg46TwqLq6b3- PMJWDdsl0DATEeFNhP_Zr&_nc_zt=23&_nc_ht=scontent-lga3- 1.xx&_nc_gid=k3lwSY_G_bkGBrYP3qxYnw&oh=00_AfbwAqCG036OQf- Q1k070YC20a7T9s2KFP7FB5ceIBahYA&oe=68C7A02C.
35Plaintiff first observed Infringements 1-3 on September 10, 2025.
36On or about June 12, 2025, without permission or authorization from Plaintiff, Defendant volitionally copied and displayed Photograph 3 on Account 1 as part of an on-line post at
URL:
https://www.facebook.com/photo?fbid=1293886826073999&set=pcb.1293886896073992 (“Infringement 4”). A copy of a screengrab depicting Infringement 4 is attached hereto as Exhibit 2.
37On or about June 12, 2025, without permission or authorization from Plaintiff, Defendant volitionally copied and displayed Photograph 3 on Account 2 as part of an on-line post at URL: https://www.instagram.com/p/DKzvh5KtRxM/ (“Infringement 5”). A copy of a screengrab depicting Infringement 5 is attached hereto as Exhibit 2. (Hereinafter the unauthorized uses set forth above is referred to as the “Infringements”).
38The Photograph was intentionally and volitionally copied and stored by Defendant at
URL: https://scontent-lga3-2.xx.fbcdn.net/v/t39.30808-
6/506465964_1293805939415421_3790772634051969323_n.jpg?_nc_cat=105&ccb=1- 7&_nc_sid=127cfc&_nc_ohc=1odyZbV35cMQ7kNvwGJiTxV&_nc_oc=Adm1z7bWVoxJfRCp liZP0SJsX9tv5ZAZjVQMPJw7f3UmpPZBV7Y45d60ieOXWbt1587aOV2RfXUDQWb6sLKcxl
