Whitney Houston Emmy Lawsuit

Case 2:16-cv-04518-PA-E Document 1 Filed 06/22/16 Page 1 of 18 Page ID #:1
1 DAVID W. QUINTO, ESQ. (SBN 106232)

davidquinto@dwt.com
2 SCOTT R. COMMERSON, ESQ. (SBN 227460)
scottcommerson@dwt.com
3 DAVIS WRIGHT TREMAINE LLP
865 South Figueroa Street, 24th Floor
4 Los Angeles, California 90017-2566
Telephone: (213) 633-6800
5 Fax: (213) 633-6899
6 DIXON Q. DERN, ESQ (SBN 25007)
ddern@dixlaw.com
7 1262 Devon Avenue
Los Angeles, California 90024
8 Tel: (310) 275- 2003
Fax: (209) 850-4204
9
Attorneys for Plaintiff
10 Academy of Television Arts & Sciences
11
UNITED STATES DISTRICT COURT
12
13
CENTRAL DISTRICT OF CALIFORNIA
14
(Western Division)
15 ACADEMY OF TELEVISION ARTS &

SCIENCES, A California nonprofit
16 corporation,
17
18
Plaintiff,
v.
19 HERITAGE AUCTIONS, a Texas

corporation; PATRICIA HOUSTON,
20 individually and on behalf of the
WHITNEY HOUSTON ESTATE; and
21 DOES 1 through 10,
22
Defendants.
23
24
25
26
27
28
COMPLAINT
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Case No.
COMPLAINT for:
1. Conversion,
2. Replevin,
3. Copyright Infringement, and
4. Declaratory Relief
JURY TRIAL DEMANDED
Plaintiff Academy of Television Arts & Sciences (the Television
2 Academy) alleges:
3
4
NATURE OF THE ACTION

1.
The Television Academy is a non-profit corporation founded in 1946
5 with the mission of promoting excellence in television and the development of the
6 television industry in the United States. Since 1949, as an incentive for members of
7 the television industry to strive for excellence and as a means of recognizing
8 persons who make outstanding contributions in their respective creative fields, the
9 Television Academy has conferred annual awards (known as Emmys or Emmy
10 Awards) to artists in various categories of achievement.
11
2.
The Emmy Award represents the pinnacle of success and professional
12 recognition in the television industry. The prestige associated with the Emmy
13 Award is unparalleled by any other television award. To maintain the awards
14 incalculable value and uniqueness, the Television Academy has established careful
15 procedures for selecting the recipients of its Emmy Awards and distributing Emmy
16 Statuettes to the winners.
17
3.
Although the Television Academy pays a trophy manufacturer to make
18 copies of the Emmy Statuette for the purpose of honoring winners of the Primetime
19 Emmys, it neither sells nor transfers title to those Emmy Statuette copies. Instead,
20 it retains title to the copies. When the Television Academy honors an artist for an
21 achievement, it lends a copy of the Emmy Statuette to the artist to signify and
22 symbolize that honor. The Television Academy permits all artists so honored to
23 retain possession of an Emmy Statuette copy for life, and permits the artists heirs
24 and successors in interest to retain custody of the copies to symbolize the
25 achievements of the deceased honorees.
26
4.
When the Television Academy honors an artist and offers the artist a
27 copy of the Emmy Statuette as a symbol of the artists achievement, the Television
28 Academy places the artist on notice that it retains title to it. From 1978 through
COMPLAINT
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DAVIS WRIGHT TREMAINE LLP
865 S. FIGUEROA ST, SUITE 2400
LOS ANGELES, CALIFORNIA 90017-2566
Ph: (213) 633-6800 * Fax: (213) 633-6899
1 1994, the notice stated: (i) the Emmy statuette is the property of and all rights are
2 reserved by the Academy of Television Arts & Sciences. (ii) the Emmy statuette
3 may not be reproduced or used in any commercial manner unless otherwise
4 permitted by the Academy, it being understood that possession of the same is solely
5 for the benefit of the recipient and the recipients heirs or succession in interest and
6 (iii) if a recipient or the recipients heir or successor in interest proposes to sell or
7 otherwise dispose of the Emmy statuette, such persons shall be obligated to return
8 the statuette to the Academy of Television Arts & Sciences which will retain the
9 same in storage in memory of the recipient. The 1978-1994 version of the notice
10 is referred to herein as the Applicable Notice.
11
5.
In 1978, the Television Academy, together with the National Academy
12 of Television Arts & Sciences (NARAS), registered the Emmy Statuette for
13 protection under the federal Copyright Act. The copyright is valid and subsisting.
14 Because the Television Academy owns the copies of the Emmy Statuette it shares
15 with its honorees, the first-sale doctrine does not apply to the copies. Any sale of
16 the Emmy Statuette therefore violates the Television Academys distribution right
17 under the Copyright Act.
18
6.
In 1979, the Television Academy and NARAS jointly obtained a
19 federal registration of the EMMY word mark and later registered the EMMYS word
20 mark as well.
21
7.
In 1986, the Television Academy honored the acclaimed singer
22 Whitney Houston (Ms. Houston) with a Primetime Emmy Award, symbolized by

23 an Emmy statuette (the Houston Emmy), in the category of Outstanding
24 Individual Performance in a Variety or Musical Program for her performance of
25 Saving All My Love for You at the 28th Annual Grammy Awards ceremony. In
26 accepting the statuette, Ms. Houston was bound by the aforementioned notice
27 affixed to the base of the statuette.
28
COMPLAINT
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8.
Ms. Houston died tragically in 2012. The Television Academy
2 recently learned that Defendant Heritage Auctions (Heritage) plans to sell the
3 Houston Emmy at auction in Beverly Hills on June 24, 2016. The Houston Emmy
4 is currently listed on Heritages Web site with a starting bid of $10,000.
5
9.
The Television Academy has provided written and oral notice to
6 Heritage of its objection to the sale of the Houston Emmy based on its ownership of
7 the Houston Emmy, the restrictions placed on its possession, and the infringement
8 of the Television Academys copyright. However, Heritage has illogically claimed
9 that because the notice described in paragraph 4, above, was no longer affixed to the
10 statuette when it was received by the trustee for Ms. Houstons estate, the
11 Television Academy was somehow divested of title to the statuette and
12 Ms. Houstons successors and Heritage (as her successors agent) gained title to the
13 statuette, free of the restrictions imposed by the notice.
14
10.
The Television Academy seeks to enforce its rights with respect to the
15 Houston Emmy, including enjoining its sale and/or recovering any and all profits
16 obtained from the sale, and obtaining equitable relief including, inter alia, declaring
17 that the Houston Emmy is held in constructive trust for the Television Academy and
18 directing Defendants to return it to the Television Academy for storage in
19 Ms. Houstons memory. The Academy also seeks damages, costs, and attorneys
20 fees under the Copyright Act.
21
11.
If Heritages highly publicized auction is allowed to go forward, it will
22 undermine the prestige of the Emmy Award and tarnish the Television Academys
23 reputation, leaving the impression that the highest honor in the television industry is
24 a commodity available for sale to the highest bidder.
25
ALLEGATIONS RELEVANT TO ALL CLAIMS
26
PARTIES, JURISDICTION AND VENUE
27
12.
The Television Academy is, and at all times mentioned herein was, a
28 non-profit corporation organized under the laws of the State of California, with its
COMPLAINT
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1 principal place of business in Los Angeles County, California. The Television

2 Academy was founded in 1946.
3
13.
Defendant Heritage Auctions (Heritage) is a Texas corporation with
4 its principal place of business in Dallas, Texas. Heritage also has a place of
5 business in Beverly Hills, in Los Angeles County, California. Heritage is in the
6 business of, among other things, conducting public auctions, including in Beverly
7 Hills, California. Upon information and belief, Heritage is acting as the agent for
8 the estate of Whitney Houston with respect to the sale or auction of the Houston
9 Emmy announced to take place in Beverly Hills on June 24, 2016.
10
14.
Defendant Patricia Houston is a resident of Alpharetta, Georgia. Upon
11 information and belief, Defendant Patricia Houston is the executor of Ms.

12 Houstons estate, which is auctioning off the Houston Emmy through Heritage in
13 Beverly Hills, California.
14
15.
The Television Academy is ignorant of the true names and capacities
15 of the Defendants who are named herein under the fictitious names DOES 1
16 through 10. The Television Academy will seek leave of court to amend this
17 complaint to allege the true names and capacities of such Defendants when
18 ascertained. The Television Academy is informed and believes, and on that basis
19 alleges, that each of the fictitiously named Defendants is an agent or alter ego of
20 each of the other Defendants and is responsible in some manner for the wrongful
21 conduct alleged herein.
22
16.
This Court has subject matter jurisdiction over this copyright
23 infringement action pursuant to 28 U.S.C. 1331 and 1338(a).

24
17.
This Court has personal jurisdiction over Defendants because, among
25 other things, Defendants are doing business in the State of California and in this
26 judicial district, the acts of infringement and conversion complained of herein are
27 occurring in the State of California and in this judicial district, and Defendants have
28
COMPLAINT
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1 caused injury to the Television Academy and its intellectual property within the
2 State of California and in this judicial district.
3
18.
Venue is proper in this district pursuant to 28 U.S.C. 1391(b) and
4 (c), and/or 1400(a).

5
6
THE EMMY
19.
Since 1949, as an incentive for members of the television industry to
7 strive for excellence in television and as a means of recognizing persons who make
8 outstanding contributions in their respective creative fields, the Television Academy
9 has conferred annual awards (known to the public as Emmys) to artists in various
10 categories of achievement.
11
20.
The Television Academys founding fathers initially struggled to name
12 the award. Television Academy founder Sid Cassyd suggested Ike, the nickname
13 for the television iconoscope tube. Pioneer television engineer and future Academy
14 president Harry Lubcke suggested Immy, a nickname for the image-orthicon
15 camera tube instrumental in the technical development of television. Immy was
16 feminized as Emmy to complement the design chosen for the statuette, which
17 depicted a winged, idealized woman holding an atom. Her wings represented the
18 muse of art, and the atom and its electrons the science and technology of the new
19 medium. The Emmy Statuette designed by television engineer Louis McManus,
20 whose wife, Dorothy, served as his model.
21
21.
The Television Academy has never intended that Emmy Statuette
22 copies be treated as articles of trade. The original statuette is registered under the
23 copyright laws as an unpublished work of art: copies of the statuette are not, and
24 never have been, offered for sale or given to the general public.
25
26
THE TELEVISION ACADEMY MAINTAINS OWNERSHIP OF THE
27
EMMY STATUETTE COPIES AND PROVIDES THEM TO ITS AWARDS
28
HONOREES SUBJECT TO RESTRICTIONS.

COMPLAINT
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22.
From 1978 through 1994, a copy of the Applicable Notice was affixed
2 to the base of each Primetime Emmy statuette offered to honorees at the Television
3 Academys annual ceremony. 1 Prior to the ceremony each year, members of the
4 Television Academys staff individually examined every statuette to ensure it was
5 in good condition (i.e., no chips or breaks), and that it had an intact label affixed to
6 its base. Attached as Exhibit A is a true and correct copy of a photograph of the
7 label setting forth the Applicable Notice and affixed to all Emmy Statuette copies
8 offered to Emmy Award winners from 1978 through 1994, per the Television
9 Academy policy. The Applicable Notice provides:
10
(i)
the Emmy statuette is the property of and all rights are
11
reserved by the Television Academy of Television Arts &
12
Sciences.
13
(ii)
the Emmy statuette may not be reproduced or used in any
14
commercial manner unless otherwise permitted by the
15
Television Academy, it being understood that possession
16
of the same is solely for the benefit of the recipient and
17
the recipients heirs or succession in interest and
18
(iii)
if a recipient or the recipients heir or successor in interest
19
proposes to sell or otherwise dispose of the Emmy
20
statuette, such persons shall be obligated to return the
21
statuette to the Television Academy of Television Arts &
22
Sciences which will retain the same in storage in memory
23
of the recipient.
24
23.
Prop or temporary statuettes were provided to winners during the
25 televised Emmy ceremonies from 1978 through 1994. The winners were offered
26 their individual statuette off camera.
27
28
The notice language changed in 1995.
COMPLAINT
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THE TELEVISION ACADEMY IS CO-OWNER OF THE
2
3
COPYRIGHT IN THE EMMY STATUETTE.

24.
The Television Academy is the co-owner of the rights and title to the
4 copyright in the Emmy Statuette.

5
25.
With its sister academy, NARAS, the Television Academy filed an
6 application for copyright registration of the EMMY statuette with the United States
7 Copyright Office on November 27, 1978, and obtained registration No. VAu8 000004822.
9
26.
Because the Television Academy owns the Emmy statuette copies it
10 provides to its awards honorees, the first-sale doctrine does not apply to the copies,
11 thus making any sale of an Emmy statuette copy a violation of the Television
12 Academys distribution right under the Copyright Act.
13
14
THE WHITNEY HOUSTON EMMY

27.
In 1986, Ms. Houston was awarded a Primetime Emmy Award in the
15 category of Outstanding Individual Performance in a Variety or Musical Program

16 for her performance of Saving All My Love for You at the 28th Annual Grammy
17 Awards. She was accordingly offered a copy of the Emmy Statuette. Prior to the
18 1986 ceremony, a member of the Academys staff individually examined every
19 such statuette to be offered to Emmy Award winners that year to ensure that it was
20 in good condition (i.e., had no chips or breaks), and that it had an intact label
21 affixed to its base. The Houston Emmy had a copy of the Applicable Notice affixed
22 to its base when it was offered to Ms. Houston.
23
28.
At all relevant times, Ms. Houston and her heirs, legatees, executors,
24 administrators, estate, successors and assigns agreed to be and were in fact bound
25 by the conditions set forth in the Applicable Notice affixed to the base of the Emmy
26 Statuette copy.
27
29.
The Television Academy is informed and believes, and on that basis
28 alleges, that possession of the Houston Emmy passed to the trustees of

COMPLAINT
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1 Ms. Houstons estate following her death. Upon information and belief, the
2 executor of Ms. Houstons estate has authorized and directed Heritage to auction off
3 certain items from the estate, including the Houston Emmy.
4
HERITAGES UNLAWFUL PURPORTED SALE OF
THE HOUSTON EMMY
30.
Heritage was and is well aware of the restrictions placed on the
7 Houston Emmy, and is proceeding with its unlawful purported disposition of the
8 Houston Emmy despite that knowledge.
9
31.
On June 2, 2016, the Television Academy wrote to Heritage, stating
10 that it had learned Heritage was offering the Houston Emmy statuette for sale at
11 auction. The letter set forth the language of the Applicable Notice affixed to the
12 base of each Emmy Statuette copy, including the Houston Emmy, provided to
13 Emmy Award winners between 1979 and 1994.
14
32.
The Television Academy explained to Heritage that an honorees
15 acceptance of an Emmy Statuette copy is governed by the conditions placed on each

16 such statuette. Consequently, it advised Heritage that it could not offer the copy for
17 auction or sale because in doing so you are, in effect, offering to sell property that
18 does not belong to the honoree. The Television Academy demanded that Heritage
19 cease and desist from any attempt to auction or sell the Houston Emmy. Finally,
20 the Television Academy asked Heritage to advise its client that if the heirs no
21 longer wanted the Houston Emmy, they could return it to the Television Academy,
22 which would store it in Ms. Houstons name.
23
HERITAGE REFUSES TO WITHDRAW THE HOUTON EMMY FROM
24
ITS AUCTION.
25
33.
Over the next two weeks, the Television Academy engaged in further
26 e-mail and telephone correspondence with Heritages representatives in an effort to

27 avoid litigation. Heritages representative stated several times that Heritage wished
28 to avoid litigation. However, Heritage indicated that it needed information to
COMPLAINT
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1 provide to the trustee of the Whitney Houston estate verifying that the Houston
2 Emmy was subject to restrictions. Heritage then requested that the Television
3 Academy provide evidence that the Applicable Notice was affixed to the Houston
4 Emmy when Ms. Houston received it.
5
34.
To accommodate Heritages request, the Television Academy prepared
6 a declaration by John Leverence, the Television Academys Senior Vice President

7 of Award. Mr. Leverence assists in the administration of the Television Academys
8 annual Primetime EMMY awards ceremony, and is responsible for overseeing the
9 preparation and issuance of the Emmy Statuette copies offered to Emmy Award
10 winners at each years ceremony.
11
35.
Mr. Leverence declared that he personally oversaw the awards
12 administration of the 1986 ceremony. He confirmed that upon delivery of the

13 Emmy Statuette copies from the manufacturer in advance of the ceremony, either he
14 or a member of his staff individually examined every copy to be offered to winners
15 that year to ensure it was in good condition and had an intact label with the
16 Applicable Notice affixed to its base. Mr. Leverence affirmed that [b]ecause either
17 I or a member of my staff personally examined all statuettes awarded to recipients
18 at the 1986 ceremony to confirm that the statuettes were affixed with the required
19 labels, I can state with utmost assurance that the 1986 Emmy statuette awarded to
20 Whitney Houston had the above-referenced label affixed to its base when it was
21 delivered to her.
22
36.
Having provided Heritage with verification that the notice was affixed
23 to the Houston Emmy when it was awarded to Ms. Houston, the Television
24 Academy asked Heritage to confirm that it would not auction or attempt to sell or
25 transfer the Houston Emmy. Heritage then reversed course and refused to do so.
26
37.
The Television Academy also advised Heritage of its copyright in the
27 Emmy Statuette, and further advised Heritage that neither it nor Ms. Houstons
28 estate were or are authorized to sell it. The Television Academy additionally
COMPLAINT
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1 advised Heritage that its advertising and sale of the Emmy statuette copy violated
2 its copyright and demanded that Heritage cease and desist from selling the Houston
3 Emmy. Heritage did not respond.
4
FIRST CAUSE OF ACTION, FOR CONVERSION
(Against All Defendants)
38.
The Television Academy repeats and incorporates by reference the
7 allegations of paragraphs 1 through 37, above, as though fully set forth at length.
8
39.
The Television Academy has clear legal ownership and the right to
9 possession of the Houston Emmy because Defendants are offering it for sale.
10
40.
The Television Academy has not consented to Defendants sale of the
11 Houston Emmy or to their refusal to return it. Defendants have therefore

12 intentionally interfered with the Television Academys exercise of dominion and
13 control over the Houston Emmy, thus engaging in conversion by their wrongful acts
14 and refusals to act and their anticipated dispostion of the Television Academys
15 property rights in the Houston Emmy.
16
41.
Defendants' conduct has damaged the Television Academy in an
17 amount according to proof, but believed to be substantially in excess of $10,000,

18 exclusive of interest thereon at the legal rate.
19
42.
Defendants have acted with fraud, oppression, or malice, thus entitling
20 the Television Academy to an award of punitive and exemplary damages in an

21 amount sufficient to punish Defendants and deter others in an amount to be
22 determined at trial but not less than three times Defendants profits realized from
23 their intentional and unlawful conduct.
24
SECOND CAUSE OF ACTION, FOR REPLEVIN
25
26
43.
The Televison Academy repeats and realleges the allegations set forth
27 in paragraphs 1 through 37, above, as if fully set forth at length.

28
COMPLAINT
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44.
The Television Academy has an absolute right to ownership of the
2 Houston Emmy, which is a unique and identifiable property.

3
45.
The Houston Emmy is an item of personal property and is being
4 wrongfully detained by Defendants and was not taken for any tax, assessment, or
5 fine, nor seized under any execution or attachment.
6
46.
Because Defendants have announced their intention to sell the Houston
7 Emmy, the Television Academy has the right to the immediate and exclusive
8 possession of the Houston Emmy.
9
47.
Upon information and belief, the Houston Emmy is currently in the
10 possession of Defendant Heritage but under the direction and control of Defendant
11 Patricia Houston.
12
48.
The Television Academy has demanded the return of the Houston
13 Emmy, but Defendants have refused to return it.

14
49.
The Television Academy is thereefore entitled to the entry of an order
15 directing the immediate return of the Houston Emmy.

16
THIRD CAUSE OF ACTION, FOR COPYRIGHT INFRINGEMENT
17
18

50.
The Television Academy incorporates by reference paragraphs 1
19 through 37, above, as if fully set forth at length.

20
51.
The Emmy Statuette is a work of art registered with the United States
21 Copyright Office pursuant to Certificate of Registration No. VAu-00004822, issued

22 November 27, 1978, to the Television Academy and the National Academy of
23 Television Arts and Sciences (NATAS) jointly. The Emmy Statuette copyright
24 is valid and subsisting.
25
52.
Although the Television Academy pays a trophy manufacturer to make
26 copies of the Emmy Statuette for the purpose of honoring winners of the Primetime
27 Emmys, the Television Academy neither sells nor transfers title to those Emmy
28 Statuette copies. Instead, it retains title to the copies. When the Television
COMPLAINT
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1 Academy honors an artist, such as Whitney Houston, for an achievement, it lends a

2 copy of the Emmy Statuette to the artist to signify and symbolize that honor. The
3 Television Academy permits all artists so honored to retain possession of an Emmy
4 Statuette copy for life, and permits the artists heirs and successors in interest to
5 retain custody of the copies to symbolize the achievements of the deceased
6 honorees.
7
53.
When the Television Academy honors an artist and offers the artist a
8 copy of the Emmy Statuette as a symbol of the artists achievement, the Television
9 Academy places the artist on notice that it retains title to it. When the Television
10 Academy honored Whitney Houston, it affixed a notice to the base of the statuette
11 stating that: (i) the Emmy statuette is the property of and all rights are reserved by
12 the Academy of Television Arts & Sciences. (ii) the Emmy statuette may not be
13 reproduced or used in any commercial manner unless otherwise permitted by the
14 Academy, it being understood that possession of the same is solely for the benefit of
15 the recipient and the recipients heirs or succession in interest and (iii) if a recipient
16 or the recipients heir or successor in interest proposes to sell or otherwise dispose
17 of the Emmy statuette, such persons shall be obligated to return the statuette to the
18 Academy of Television arts & Sciences which will retain the same in storage in
19 memory of the recipient.
20
54.
Pursuant to the Copyright Act, 17 U.S.C. S 106(3), the owner of a
21 copyrighted work has the exclusive rights to distribute copies . . . of the copyright
22 work to the public by sale or other transfer of ownership and to authorize such
23 distribution. Without permission or consent of the Television Academy,
24 Defendants distributed the EMMY.
25
55.
Defendants have violated the exclusive distribution right that the
26 Television Academy and NATAS enjoy in the Emmy Statuette and have therefore
27 engaged in copyright infringement pursuant to 17 U.S.C. S 501(a). Defendants
28
COMPLAINT
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1 cannot claim protection under the first sale doctrine because they have never had,
2 and do not have now, title to the Emmy Statuette copy in their possession.
3
56.
Pursuant to 17 U.S.C. 502(a), the Court may grant temporary and
4 final injunctive relief to prevent or restrain further violation of the Television

5 Academys distribution right in the Emmy Statuette copy at issue.
6
57.
Pursuant to 17 U.S.C. 503(a), while an action under the Copyright
7 Act is pending the Court may order the impoundment of any copy claimed to have
8 been . . . used in violation of the exclusive right of the copyright owner.
9
58.
Pursuant to 17 U.S.C. 504(a), the Academy is entitled to recover its
10 actual damages and any additional profits of the infringer[s] or statutory

11 damages. Because defendants have been placed on actual notice of the Television
12 Academys rights in the Emmy Statuette copy in issue and, rather than return it to
13 the Television Academy, have insisted on selling it at auction, defendants
14 copyright infringement is willful. Pursuant to section 504(c)(2), the Court may
15 award statutory damages of $150,000 against defendants.
16
59.
Because the Television Academy is a non-profit entity whose
17 economic existence depends on the exclusivity and achievement symbolized by

18 possession of an Emmy Statuette copy, which economic success would likely be
19 destroyed were the public to believe that Emmy Statuette copies could be bought
20 and sold and symbolized only wealth and not artistic achievement, the Court should
21 exercise its discretion pursuant to 17 U.S.C. S 505 to allow the recovery of all costs,
22 including a reasonable attorneys fee, by the Television Academy from defendants.
23
FOURTH CAUSE OF ACTION, FOR DECLARATORY RELIEF
24
25
60.
The Television Academy hereby realleges and incorporates by
26 reference paragraphs 1 through 59, above, as though fully set forth at length.
27
61.
An actual controversy has arisen and now exists between the
28 Television Academy, on the one hand, and the Defendants, on the other hand,
COMPLAINT
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1 concerning their respective rights and interests in the Houston EMMY. The
2 Television Academy contends that the Houston Emmy is owned by the Academy,
3 and is protected by the Academys copyright. The Television Academy is informed
4 and believes, and on that basis alleges, that the Defendants deny the Television
5 Academys contentions.
6
62.
The Television Academy seeks a judicial determination of its rights
7 and interests in the Houston Emmy, i.e. that the Houston Emmy is held in
8 constructive trust for the Television Academy.
9
63.
A judicial declaration is necessary and appropriate so that the
10 Television Academy and the Defendants may ascertain their rights, interests,
11 obligations and duties with respect to the Houston Emmy, including their respective
12 claims of right to possession of the Houston Emmy, and to avoid a multiplicity of
13 actions.
14
15
PRAYER FOR RELIEF

WHEREFORE, the Television Academy prays for judgment in its favor and
16 against Defendants, and each of them, as follows:

17
1.
For a preliminary and permanent injunction enjoining and restraining
18 Defendants and their officers, agents, employees and representatives, and all
19 persons acting in concert with them, from reproducing, distributing, displaying,
20 promoting, offering for sale and/or selling, advertising about or distributing the
21 Houston Emmy;
22
2.
For damages permitted by law, including without limitation, the
23 Television Academys actual damages and Defendants profits, plus interest, as well
24 as all statutory, punitive, and exemplary damages permitted;
25
3.
That the Television Academy be awarded its costs, including
26 attorneys fees, as available under the Copyright Act U.S.C. 101 et seq.;
27
4.
For an order directing Defendants to deliver the Houston Emmy to the
28 Television Academy immediately;

COMPLAINT
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6.
For its costs of suit incurred herein; and
7.
For such other and further relief as the Court may deem just and
3 proper.
4
5
6 DATED: June 22, 2016
7

DAVID W. QUINTO
SCOTT R. COMMERSON
8
9
By: s/Scott R. Commerson

Scott R. Commerson
ACADEMY OF TELEVISION
ARTS & SCIENCES
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COMPLAINT
DWT 29844222v3 0050033-001069
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Ph: (213) 633-6800 * Fax: (213) 633-6899
DEMAND FOR JURY TRIAL
The Television Academy hereby demands a jury trial of all issues in this
3 Complaint which are triable to a jury.

4 DATED: June 22, 2016
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DAVID W. QUINTO
SCOTT R. COMMERSON
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By: s/Scott R. Commerson

Scott R. Commerson
ACADEMY OF TELEVISION
ARTS & SCIENCES
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COMPLAINT
DWT 29844222v3 0050033-001069
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Ph: (213) 633-6800 * Fax: (213) 633-6899
CERTIFICATE OF SERVICE
2 I certify that on June 22, 2016, the foregoing document was electronically filed with
the Clerk of the Court using the CM/ECF system which will send electronic
3 notification of such filing to the CM/ECF participant(s) noted below.
4 I certify under penalty of perjury under the laws of the United States of
America that the foregoing is true and correct.
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By: /s/ Scott Commerson

Scott R. Commerson
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COMPLAINT
DWT 29844222v3 0050033-001069
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Ph: (213) 633-6800 * Fax: (213) 633-6899

Whitney Houston Emmy Lawsuit

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Whitney Houston Emmy Lawsuit

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Case 2:16-cv-04518-PA-E Document 1 Filed 06/22/16 Page 1 of 18 Page ID #:1

1 DAVID W. QUINTO, ESQ. (SBN 106232)

CENTRAL DISTRICT OF CALIFORNIA

15 ACADEMY OF TELEVISION ARTS &

19 HERITAGE AUCTIONS, a Texas

Case 2:16-cv-04518-PA-E Document 1 Filed 06/22/16 Page 2 of 18 Page ID #:2

Plaintiff Academy of Television Arts & Sciences (the Television

NATURE OF THE ACTION

The Television Academy is a non-profit corporation founded in 1946

The Emmy Award represents the pinnacle of success and professional

Although the Television Academy pays a trophy manufacturer to make

Case 2:16-cv-04518-PA-E Document 1 Filed 06/22/16 Page 3 of 18 Page ID #:3

In 1978, the Television Academy, together with the National Academy

In 1979, the Television Academy and NARAS jointly obtained a

In 1986, the Television Academy honored the acclaimed singer

22 Whitney Houston (Ms. Houston) with a Primetime Emmy Award, symbolized by

Case 2:16-cv-04518-PA-E Document 1 Filed 06/22/16 Page 4 of 18 Page ID #:4

Ms. Houston died tragically in 2012. The Television Academy

The Television Academy has provided written and oral notice to

If Heritages highly publicized auction is allowed to go forward, it will

ALLEGATIONS RELEVANT TO ALL CLAIMS

PARTIES, JURISDICTION AND VENUE

Case 2:16-cv-04518-PA-E Document 1 Filed 06/22/16 Page 5 of 18 Page ID #:5

1 principal place of business in Los Angeles County, California. The Television

Defendant Heritage Auctions (Heritage) is a Texas corporation with

Defendant Patricia Houston is a resident of Alpharetta, Georgia. Upon

11 information and belief, Defendant Patricia Houston is the executor of Ms.

The Television Academy is ignorant of the true names and capacities

This Court has subject matter jurisdiction over this copyright

23 infringement action pursuant to 28 U.S.C. 1331 and 1338(a).

This Court has personal jurisdiction over Defendants because, among

Case 2:16-cv-04518-PA-E Document 1 Filed 06/22/16 Page 6 of 18 Page ID #:6

Venue is proper in this district pursuant to 28 U.S.C. 1391(b) and

4 (c), and/or 1400(a).

Since 1949, as an incentive for members of the television industry to

The Television Academys founding fathers initially struggled to name

The Television Academy has never intended that Emmy Statuette

THE TELEVISION ACADEMY MAINTAINS OWNERSHIP OF THE

EMMY STATUETTE COPIES AND PROVIDES THEM TO ITS AWARDS

HONOREES SUBJECT TO RESTRICTIONS.

Case 2:16-cv-04518-PA-E Document 1 Filed 06/22/16 Page 7 of 18 Page ID #:7

the Emmy statuette is the property of and all rights are

reserved by the Television Academy of Television Arts &

the Emmy statuette may not be reproduced or used in any

commercial manner unless otherwise permitted by the

Television Academy, it being understood that possession

of the same is solely for the benefit of the recipient and

the recipients heirs or succession in interest and

if a recipient or the recipients heir or successor in interest

proposes to sell or otherwise dispose of the Emmy

statuette, such persons shall be obligated to return the

statuette to the Television Academy of Television Arts &

Sciences which will retain the same in storage in memory

Prop or temporary statuettes were provided to winners during the

The notice language changed in 1995.

Case 2:16-cv-04518-PA-E Document 1 Filed 06/22/16 Page 8 of 18 Page ID #:8

THE TELEVISION ACADEMY IS CO-OWNER OF THE

COPYRIGHT IN THE EMMY STATUETTE.

4 copyright in the Emmy Statuette.

With its sister academy, NARAS, the Television Academy filed an

Because the Television Academy owns the Emmy statuette copies it

THE WHITNEY HOUSTON EMMY

In 1986, Ms. Houston was awarded a Primetime Emmy Award in the

15 category of Outstanding Individual Performance in a Variety or Musical Program