Douglas Kirkland v. KFIR Moyal Art Gallary
Douglas Kirkland v. KFIR Moyal Art Gallary
Douglas Kirkland v. KFIR Moyal Art Gallary
DOUGLAS KIRKLAND,
Plaintiff,
v.
Defendant.
Plaintiff DOUGLAS KIRKLAND by and through his undersigned counsel, brings this
Complaint against Defendant KFIR MOYAL ART GALLERY INC. for damages and injunctive
violations of exclusive rights under the Copyright Act, 17 U.S.C. § 106, to copy and distribute
2. Kirkland joined Look Magazine in his early twenties, and later Life Magazine
during the golden age of 60's/70's photojournalism. His assignments included essays on Greece,
Lebanon, and Japan, as well as fashion and celebrity work, photographing Marilyn Monroe,
Elizabeth Taylor, Marlene Dietrich and many others. Kirkland's fine art photography has been
exhibited all over the world. His exhibition of Freeze Frame is now in the permanent collection
of Academy of Motion Picture Arts and Sciences in Beverly Hills. His work is also in the
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21301 POWERLINE ROAD, SUITE 100, BOCA RATON, FL 33433
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permanent collections of the Smithsonian, the National Portrait Gallery in Canberra Australia,
the National Portrait Gallery in London, the Eastman House in Rochester, the Houston Center for
3. Defendant KFIR MOYAL ART GALLERY INC. (“Kfir Moyal”) is a custom and
personalized art work company owned and operated by artist Kfir Moyal (“Moyal”). Moyal has
established a successful career as a pop artist and present in Fine Art galleries worldwide. He
has commissioned pieces for the Kardashians, Iggy Azalea, Paris Hilton, Gloria Estefan, Flo
Rida, L’il Kim, Miami Housewives, Frankie Grande, as well as the Steinbrenner family (owners
of the New York Yankees) and Israeli Idol Singer, Harel Skaat.
4. Kirkland alleges that Kfir Moyal copied Kirkland’ copyrighted Work from the
internet in order to advertise, market and promote its business activities. Kfir Moyal committed
the violations alleged in connection with Kfir Moyal’ business for purposes of advertising and
promoting sales to the public in the course and scope of Kfir Moyal’ business.
6. This Court has subject matter jurisdiction over these claims pursuant to 28 U.S.C.
§§ 1331, 1338(a).
8. Venue is proper in this district under 28 U.S.C. § 1391(b) and (c) and 1400(a)
because the events giving rise to the claims occurred in this district, Defendant engaged in
infringement in this district, Defendant resides in this district, and Defendant is subject to
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DEFENDANT
9. Kfir Moyal Art Gallery Inc. is a Florida corporation with its principal place of
business at 2800 Biscayne Boulevard, Suite 400, Miami, FL 33137, and can be served by serving
its Registered Agent, Brian Przystup & Associates, LLC, 2800 Biscayne Boulevard, Suite 400,
Miami, FL 33137
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11. Kirkland registered the Work with the Register of Copyrights on October 31,
1989 and was assigned the registration number VA 399-173. The Certificate of Registration is
12. At all relevant times Kirkland was the owner of the copyrighted Work at issue in
this case.
INFRINGEMENT BY DEFENDANT
13. Kfir Moyal has never been licensed to use the Work at issue in this action for any
purpose.
14. On a date after the Work at issue in this action was created, but prior to the filing
15. Kfir Moyal copied Kirkland’ copyrighted Work without Kirkland’ permission.
16. After Kfir Moyal copied the Work, it made further copies and distributed the
Work on the internet to promote the sale of goods and services as part of its art gallery business.
17. Kfir Moyal copied and distributed Kirkland’ copyrighted Work in connection
with Kfir Moyal’s business for purposes of advertising and promoting Kfir Moyal’s business,
and in the course and scope of advertising and selling products and services.
18. Kirkland’ Works are protected by copyright but are not otherwise confidential,
19. Kfir Moyal committed copyright infringement of the Work as evidenced by the
20. Kirkland never gave Kfir Moyal permission or authority to copy, distribute or
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COUNT I
COPYRIGHT INFRINGEMENT
22. Kirkland owns a valid copyright in the Work at issue in this case.
23. Kirkland registered the Work at issue in this case with the Register of Copyrights
24. Kfir Moyal copied, displayed, and distributed the Work at issue in this case and
made derivatives of the Work without Kirkland’ authorization in violation of 17 U.S.C. § 501.
25. Kfir Moyal performed the acts alleged in the course and scope of its business
activities.
WHEREFORE, the Plaintiff prays for judgment against the Defendant Kfir Moyal that:
a. Defendant and its officers, agents, servants, employees, affiliated entities, and all
of those in active concert with them, be preliminarily and permanently enjoined from committing
b. Defendant be required to pay Plaintiff his actual damages and Defendant’s profits
U.S.C. § 504;
c. Plaintiff be awarded his attorneys’ fees and costs of suit under the applicable
d. Defendant be required to account for all profits, income, receipts, or other benefits
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f. Plaintiff be awarded such other and further relief as the Court deems just and
proper.
JURY DEMAND
SRIPLAW, PLLC
21301 Powerline Road
Suite 100
Boca Raton, FL 33433
561.404.4350 – Telephone
561.404.4353 – Facsimile
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Exhibit
1
7/27/2018
Case 1:19-cv-20293-DPG Documenthttps://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi
1-1 Entered on FLSD Docket 01/22/2019 Page 2 of 2
Type of Work: Visual Material
Description: 128 p.
Copyright Claimant:
Douglas Kirkland on compilation of prev. pub. photos.;
Date of Publication:
1989-10-30
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https://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi 1/1
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2
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