Hartmann v. Amazon.com

OPINION & ORDER This action involves claims of direct and secondary copyright infringement related to four films. Ralf Hartmann (“Hartmann”), a citizen of Germany, brings a civil copyright infringement action against defendants Amazon.com, Inc. (“Amazon.com”), a Delaware limited liability company, and its Amazon Digital Services LLC (“Amazon Digital”) (together “Amazon”). Hartmann alleges that he owns copyrights and/or exclusive distribution rights to the films After the Rain, Commander Hamilton, Austin Powers: International Man of Mystery (“Austin Powers”), and Drop Dead Gorgeous (collectively, “the films”). He alleges that Amazon violated his copyrights and exclusive distribution rights to the films by reproducing digital copies of them at data centers within the United States, and by then making the films available for streaming, purchase, or rental on its “Prime Video” platform. Hartmann brings claims of: (1) domestic direct infringement of copyright in the United States, in violation of 17 U.S.C. §106 (Count I); (2) direct infringement of copyright in the United States causing further copyright infringement outside the United States, in violation of 17 U.S.C. §106 (Count II); (3) contributory copyright infringement, in violation of 17 U.S.C. §106 (Count III); (4) vicarious infringement of copyright, in violation of 17 U.S.C. §106 (Count IV); and (5) direct copyright infringement in violation of unnamed laws of unspecified foreign countries (Count V). Pending now is Amazon’s motion to dismiss Hartmann’s Second Amended Complaint (“SAC”). For the reasons that follow, the Court denies the motion to dismiss the domestic direct infringement claim (Count I), but grants such motions as to the other four claims. A. Factual Background¹ Hartmann alleges that, pursuant to a written agreement dated January 1, 2008, he was assigned the right, title and interest to the films: After the Rain, Commander Hamilton, Austin Powers, and Drop Dead Gorgeous. Id.

21-22.2 According to Hartmann, and as reflected in records of the United States Copyright Office, Zweite Beteiligung KC Medien AG (“Zweite”), Erste Beteiligung KC Medien AG (“Erste”), and Capella International, Inc. (“Capella International”) originally held various rights in these films. Id.