Enhanced Prompt: Complaint for Copyright Infringement

You are an expert federal litigation attorney specializing in intellectual property law. Your task is to draft a comprehensive, professionally formatted Complaint for Copyright Infringement that complies with Federal Rules of Civil Procedure and establishes a strong foundation for the plaintiff's claims under the Copyright Act, 17 U.S.C. § 101 et seq.

Document Structure and Requirements

Begin by creating a properly formatted federal court caption that includes the full legal name of the court, the plaintiff's complete name and designation, the defendant's complete name and designation, the case number (if assigned, otherwise leave blank for clerk assignment), and a clear document title. The caption should follow the local rules of the specific federal district court where the action will be filed.

Parties, Jurisdiction, and Venue

Draft detailed allegations identifying each party with precision. For the plaintiff, describe their legal status (individual, corporation, LLC, partnership), principal place of business, state of incorporation or citizenship, and their relationship to the copyrighted work. Establish the plaintiff as the rightful owner of the copyright through creation, assignment, work-for-hire relationship, or other lawful means of acquisition.

For the defendant, provide their complete legal identity, principal place of business or residence, state of incorporation or citizenship, and sufficient detail about their business activities to establish personal jurisdiction. If the defendant operates through websites, online platforms, or digital channels, describe these operations and their connection to the forum state.

Establish subject matter jurisdiction by alleging that this action arises under the Copyright Act, 17 U.S.C. § 101 et seq., conferring federal question jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a). State that this Court has original and exclusive jurisdiction over claims arising under the copyright laws of the United States.

Establish venue by demonstrating that the defendant resides in this judicial district, or that a substantial part of the events or omissions giving rise to the claim occurred in this district, or that the defendant is subject to personal jurisdiction in this district and no other district would provide proper venue. Reference 28 U.S.C. § 1391 and § 1400(a) as applicable. If the infringement occurred through online distribution or digital transmission, explain how the infringing materials were accessed, downloaded, or distributed within this district.

The Copyrighted Work

Provide a detailed description of each copyrighted work at issue, including the title, nature of the work (literary, musical, dramatic, pictorial, graphic, sculptural, audiovisual, sound recording, architectural, or other category under 17 U.S.C. § 102), date of creation, and date of first publication if applicable. Describe the creative elements that make the work original and entitled to copyright protection.

Allege that the plaintiff is the lawful owner of all rights, title, and interest in the copyright for the work, including the exclusive rights to reproduce, distribute, display, perform, and create derivative works. State that the plaintiff has complied with all statutory formalities required under the Copyright Act. Specifically identify the U.S. Copyright Registration number for each work, the effective date of registration, and attach copies of the copyright registration certificates as exhibits. If registration is pending, explain that registration has been applied for and provide the application details, noting that registration is a prerequisite to filing suit under 17 U.S.C. § 411(a).

If the work was created by employees within the scope of their employment or was commissioned as a work made for hire under a written agreement, provide these details to establish the plaintiff's ownership. If ownership was acquired through assignment or transfer, describe the chain of title and reference any assignment agreements.

Count One: Copyright Infringement

Incorporate all preceding paragraphs by reference and reallege them as if fully set forth. Describe with specificity the defendant's infringing activities, including how the defendant has violated one or more of the plaintiff's exclusive rights under 17 U.S.C. § 106. Detail whether the defendant has reproduced the work, distributed copies to the public, publicly displayed the work, publicly performed the work, or created unauthorized derivative works. Provide dates, locations, and methods of infringement with as much precision as possible.

Establish the two-part test for copyright infringement by alleging that the defendant had access to the plaintiff's copyrighted work, either through actual access or because the work was widely disseminated, and that the defendant's work is substantially similar to the plaintiff's protected expression. Describe the similarities between the works, focusing on protectable elements rather than ideas, facts, or scenes à faire. If direct evidence of copying exists, such as admissions, identical errors, or forensic evidence, include these allegations.

If the infringement was willful and intentional, allege facts demonstrating that the defendant knew or should have known that their conduct constituted infringement, that the defendant acted with reckless disregard for the plaintiff's rights, or that the defendant continued infringing after receiving notice of the plaintiff's copyright. Willfulness is relevant to enhanced statutory damages under 17 U.S.C. § 504(c)(2) and attorney's fees under 17 U.S.C. § 505.

Allege that as a direct and proximate result of the defendant's infringement, the plaintiff has suffered and continues to suffer substantial injury, including lost sales, lost licensing opportunities, diminished market value of the copyrighted work, damage to reputation and goodwill, and other economic harm. State that the plaintiff is entitled to recover actual damages suffered and any profits of the defendant attributable to the infringement that are not taken into account in computing actual damages, pursuant to 17 U.S.C. § 504(b). Alternatively, state that the plaintiff may elect to recover statutory damages for each work infringed in a sum of not less than $750 and not more than $30,000 per work, or up to $150,000 per work if the infringement was willful, as provided in 17 U.S.C. § 504(c).

Allege that the defendant's infringement is ongoing and will continue unless enjoined by this Court, causing irreparable harm for which there is no adequate remedy at law. State that the plaintiff is entitled to preliminary and permanent injunctive relief pursuant to 17 U.S.C. § 502.

Prayer for Relief

Request that the Court enter judgment in favor of the plaintiff and against the defendant, granting the following relief: (a) a preliminary and permanent injunction restraining and enjoining the defendant, and all persons acting in concert with the defendant, from further infringing the plaintiff's copyrighted work; (b) an award of the plaintiff's actual damages and the defendant's profits attributable to the infringement pursuant to 17 U.S.C. § 504(b), or alternatively, at the plaintiff's election before final judgment, statutory damages pursuant to 17 U.S.C. § 504(c) in an amount up to $150,000 per work infringed; (c) an award of the plaintiff's costs and reasonable attorney's fees pursuant to 17 U.S.C. § 505; (d) an order pursuant to 17 U.S.C. § 503 for the impoundment during the pendency of this action and destruction upon final judgment of all infringing copies and the means of making such copies; (e) pre-judgment and post-judgment interest as allowed by law; and (f) such other and further relief as the Court deems just and proper.

Jury Demand and Signature Block

Include a clear jury demand stating that the plaintiff demands a trial by jury on all issues so triable. Conclude with a proper signature block containing the date, the attorney's signature, printed name, bar number, firm name, address, telephone number, email address, and designation as "Attorney for Plaintiff." Ensure compliance with Federal Rule of Civil Procedure 11 by verifying that all factual contentions have evidentiary support and all legal contentions are warranted by existing law or a nonfrivolous argument for the extension, modification, or reversal of existing law.

Drafting Considerations

Throughout the complaint, use clear, concise, and professional language. Number each paragraph consecutively and limit each paragraph to a single set of circumstances or legal point. Avoid legal conclusions unsupported by factual allegations. Ensure that the complaint provides fair notice of the claims and the grounds upon which they rest, satisfying the plausibility standard established in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal. Before finalizing, verify that all copyright registrations are properly identified and that certificates are attached as exhibits. Confirm that the statute of limitations (three years from discovery of the claim under 17 U.S.C. § 507(b)) has not expired for any alleged acts of infringement.