Case 4:23-cv-00183-TWP-KMB Document 1 Filed 11/09/23 Page 1 of 7 PageID #: 1

UNITED STATES DISTRICT COURT

CASE NO.: 4:23-CV-00183

ALEXANDER BAYONNE STROSS,

Plaintiff,
v.

HOMESTEAD PROPERTIES, INC. dba

Defendant,

COMPLAINT FOR COPYRIGHT INFRINGEMENT

(INJUNCTIVE RELIEF DEMANDED)

Plaintiff ALEXANDER BAYONNE STROSS by and through his undersigned counsel,

brings this Complaint against Defendant HOMESTEAD PROPERTIES, INC. dba TINY

TIMBERS for damages and injunctive relief, and in support thereof states as follows:

SUMMARY OF THE ACTION

Plaintiff ALEXANDER BAYONNE STROSS ( Stross ) brings this action for

violations of exclusive rights under the Copyright Act, 17 U.S.C. § 106 and 1202, to copy and

distribute Stross' original copyrighted Work of authorship and remove copyright management

information from the Work.

Stross is the owner and principal photographer of Stross Stock. After traveling the

world with his camera, creating thousands of high-quality photographs, the natural next step was

to offer the public means to license his Work. Each photo on Stross Stock is shot with top-quality

equipment, thoughtfully produced, hand selected, and tastefully edited before being made

available to the public.

SRIPLAW
CALIFORNIA GEORGIA FLORIDA TENNESSEE NEW YORK
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Stross is a native of Austin, Texas, and watched the small city grow and develop

into an urban hot spot. This served as his inspiration to become a photographer, centering his

expertise on complicated architectural photography and landscape photography. In 2016, Stross

was nominated and accepted as a professional member of the American Society of Media

Photographers, which is a high honor. Stross received a B.S. in Computer Science at the

University of Texas at Austin and has since combined his love for the photographic arts and

computer science by building an online system to help protect artists' works on the internet.

Defendant HOMESTEAD PROPERTIES, INC. DBA TINY TIMBERS ( Tin

Timber ) i a man fac rer and di rib or of fine hard ood products out of locally grown

Indiana timber. Tiny Timbers responsibly harvests, meticulously mills and kiln dries its

hardwood products from over 100 acres of farmland. At all times relevant herein, Tiny Timbers

owned and operated the internet website located at the URL www.tinytimbers.com (the

Web i e ).

Stross alleges that Defendant copied Stross copyrighted Work from the internet

in order to advertise, market and promote its business activities. Tiny Timbers committed the

violations alleged in connection with Defendant's business for purposes of advertising and

promoting sales to the public in the course and scope of the Tiny Timbers' business.

JURISDICTION AND VENUE

This is an action arising under the Copyright Act, 17 U.S.C. § 501.

This Court has subject matter jurisdiction over these claims pursuant to 28 U.S.C.

§§ 1331, 1338(a).

Defendant is subject to personal jurisdiction in Indiana.

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, Tiny Timbers engaged in
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SRIPLAW
CALIFORNIA GEORGIA FLORIDA TENNESSEE NEW YORK
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infringement in this district, Tiny Timbers resides in this district, and Tiny Timbers is subject to

personal jurisdiction in this district.

DEFENDANT

Homestead Properties Inc dba Tiny Timbers is an Indiana Corporation, with its

principal place of business at 10214 West Deputy Pike Road, Deputy, Indiana, 47230, and can be

served by serving its Registered Agent, Ms. Sherry J. Chapo, at the same address.

THE COPYRIGHTED WORK AT ISSUE

In 2010, Stross created the photograph entitled cv_240310_19, which is shown

belo and referred o herein a he Work .

Stross registered the Work with the Register of Copyrights on April 9, 2010, and

was assigned registration number VAu 1-103-498. The Certificate of Registration is attached

hereto as Exhibit 1.

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SRIPLAW
CALIFORNIA GEORGIA FLORIDA TENNESSEE NEW YORK
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Stross' Work is protected by copyright but was not otherwise confidential,

proprietary, or trade secrets.

S ro Work con ain hi a ermark a een in the lower right-hand corner of the

Work.

At all relevant times Stross was the owner of the copyrighted Work at issue in this

case.

INFRINGEMENT BY TINY TIMBERS

Tiny Timbers has never been licensed to use the Work at issue in this action for

any purpose.

On a date after the Work at issue in this action was created, but prior to the filing

of this action, Tiny Timbers copied the Work.

On or about February 10, 2021, Stross discovered the unauthorized use of his

Work on the Website a one of he image ho n on he So hern Bald C pre informa ion

page.

Tiny Timbers copied Stross' copyrighted Work without Stross' permission.

After Tiny Timbers 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 hardwood

manufacturing and sales business.

Tiny Timbers copied and distributed Stross' copyrighted Work in connection with

Defendant's business for purposes of advertising and promoting Defendant's business, and in the

course and scope of advertising and selling products and services.

Tiny Timbers committed copyright infringement of the Work as evidenced by the

documents attached hereto as Exhibit 2.

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SRIPLAW
CALIFORNIA GEORGIA FLORIDA TENNESSEE NEW YORK
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Stross never gave Defendant permission or authority to copy, distribute or display

the Work at issue in this case.

When Tiny Timbers used the Work, it cropped out S ro watermark containing

his copyright notice.

Stross notified Tiny Timbers of the allegations set forth herein on October 15,

2021, and November 29, 2021. To date, the parties have failed to resolve this matter.

COUNT I
COPYRIGHT INFRINGEMENT

Stross incorporates the allegations of paragraphs 1 through 25 of this Complaint

as if fully set forth herein.

Stross owns a valid copyright in the Work at issue in this case.

Stross registered the Work at issue in this case with the Register of Copyrights

pursuant to 17 U.S.C. § 411(a).

Tiny Timbers copied, displayed, and distributed the Work at issue in this case and

made derivatives of the Work without Stross' authorization in violation of 17 U.S.C. § 501.

Tiny Timbers performed the acts alleged in the course and scope of its business

activities.

Defendant's acts were willful.

Stross has been damaged.

The harm caused to Stross has been irreparable.

COUNT II
REMOVAL OF COPYRIGHT MANAGEMENT INFORMATION

Stross incorporates the allegations of paragraphs 1 through 25 of this Complaint

as if fully set forth herein.

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SRIPLAW
CALIFORNIA GEORGIA FLORIDA TENNESSEE NEW YORK
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The Work contained copyright management information (CMI) as defined by 17

U.S.C. 1202 incl ding he mbol and S ro igna re A3S .

Tiny Timbers knowingly and with the intent to enable or facilitate copyright

infringement, removed CMI from the works at issue in this action in violation of 17 U.S.C. §

1202(b).

Defendant committed these acts knowing or having reasonable grounds to know

that they will induce, enable, facili a e or conceal infringemen of plain iff righ in he ork

at issue in this action protected under the Copyright Act.

Defendant caused, directed and authorized others to commit these acts knowing or

having reasonable grounds to know that they will induce, enable, facilitate or conceal

infringemen of plain iff righ in he ork a i e in hi ac ion pro ec ed nder he

Copyright Act.

Stross has been damaged.

The harm caused to Stross has been irreparable.

WHEREFORE, the Plaintiff ALEXANDER BAYONNE STROSS prays for judgment

against the Defendant HOMESTEAD PROPERTIES, INC. DBA TINY TIMBERS that:

a. Tiny Timbers and its officers, agents, servants, employees, affiliated

entities, and all of those in active concert with them, be preliminarily and permanently

enjoined from committing the acts alleged herein in violation of 17 U.S.C. § 501, 1202;

b. Tiny Timbers be required to pay Stross his actual damages and

Defendant's profits attributable to the infringement, or, at Stross' election, statutory

damages, as provided in 17 U.S.C. § 504, 1203;

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SRIPLAW
CALIFORNIA GEORGIA FLORIDA TENNESSEE NEW YORK
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c. Stross be awarded his a orne fee and co of i nder he applicable

statutes sued upon;

d. Stross be awarded pre- and post-judgment interest; and

e. Stross be awarded such other and further relief as the Court deems just and

proper.

JURY DEMAND

Stross hereby demands a trial by jury of all issues so triable.

DATED: November 9, 2023 Respectfully submitted,

/s/ J. Campbell Miller

SRIPLAW, P.A.
6325 Riverside Drive
Indianapolis, IN 56220
317.330.5599 Telephone
561.404.4353 Facsimile

Counsel for Plaintiff Alexander Bayonne Stross

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SRIPLAW
CALIFORNIA GEORGIA FLORIDA TENNESSEE NEW YORK