Professional Documents
Culture Documents
Levi
2904 W. 48th Street
Los Angeles, CA 90043
Tel No.: (323) 919-0648
Email: timlevi60@gmail.com
C A L I F O R N I A:
WESTERN DIVISION
1. This is an action for copyright infringement arising under the copyright Act of 1976,
17 U.S.C. §§ 101et seq. This Court has jurisdiction of this action 28 U.S.C. §§ 1331,
2. Venue is proper in this district under 28 U.S.C §§ 1391 and 1400(a) as a substantial
part of the events or omissions giving rise to the claim occurred, and the defendants
an individual resident of Los Angeles, California, and has been attending film school
since June of 2016, who created a manuscript entitled, Unity Incorporated: The
Mastermind.
4. PLAINTIFF is informed and believes, and on that basis alleges, that Defendant
informed and believes, and on that basis alleges, that STRONG is an actor, writer,
director, and producer with numerous films and television credits, and according to
5. PLAINTIFF is informed and believes, and on that basis alleges, that Defendant
informed and believes, and on that basis alleges, that DANIELS is a director and
producer with numerous films and television credits, and according to IMBD,
6. PLAINTIFF is informed and believes, and on that basis alleges, that Defendant
California. PLAINTIFF is further informed and believes, and on that basis alleges,
PLAINTIFF is further informed and believes, and on that basis alleges, that LITTLE
CHICKEN is one of the production companies who are producing Empire according to
IMBD.
8. PLAINTIFF is informed and believes, and on that basis alleges, that Defendant
PLAINTIFF is further informed and believes, and on that basis alleges, that
9. PLAINTIFF is informed and believes, and on that basis alleges, that Defendant
informed and believes, and on that basis alleges, that HULU has been granted
10. PLAINTIFF is informed and believes, and on that basis alleges, that Defendant
is further informed and believes, and on that basis alleges, that TV ONE has
informed and believes and thereon allege that each of the DOE Defendants was
contributing cause of, or otherwise responsible for, the damages suffered by PLAIN-
TIFF. PLAINTIFF will amend this Complaint to allege the true names and capacities
STATEMENT OF FACTS
12. PLAINTIFF alleges that in 2007, he wrote a manuscript entitled, “Unity Incorpo-
rated: The Mastermind from Baskerville Correctional Center, and the book
imagination. The book has been submitted for Copyright registration with the United
States Copyright office under the registration number TXU001596690 and TX 8-554-
111. (A true and correct copy of the certificate of registration is attached hereto and
13. PLAINTIFF alleges that he only registered chapter 1-9 with the Library of Congress
in May 2008, and planned to register chapter 10-18 at a later time, but didn’t
until 2017.
14. PLAINTIFF alleges that he telephoned Robert Walker, an attorney who he had known
since 1981, and asked if he could help Levi procure a publishing deal, and Walker
16. PLAINTIFF alleges that Walker was the only person who read chapter 1-18.
17. PLAINTIFF alleges in or about January of 2015, he watched the first episode
of a television show entitled, Empire, which is televised on Fox and noticed that the
show shared three striking similarities with his manuscript, “Unity Incorporated: The
Mastermind.
18. PLAINTIFF alleges that he continued watching Empire over the course of two
seasons, and were able to compile more than fifteen striking similarities in the scenes,
and seven striking similarities within the protagonist, which certainly is a derivative of
19. Plaintiff alleges that the defendants failed to obtain Levi’s permission to develop a
also failed to procure Levi’s permission to base the protagonist on the protagonist,
20. PLAINTIFF alleges in March 2016, he filed a complaint for damages and an
injunction for copyright infringement against Danny Strong for violating exclusive
right number (2), in the United States District Court for the Eastern District,
Richmond, Virginia.
21. PLAINTIFF alleges in March 2016, he filed a complaint for damages and an
injunction for copyright infringement against Lee Daniels for violating exclusive right
number (2), in the United States District Court for the Eastern District, Richmond,
Virginia.
22. PLAINTIFF alleges in March 2016, he filed a complaint for damages and an injunction
for copyright infringement against Twentieth Century Fox Film Corporation for
violating exclusive right number (2), in the United States District Court, for the
23. PLAINTIFF alleges in March 2016, he filed a complaint for damages for copyright
infringement against Robert Walker for violating exclusive right number (1), in the
United States District Court, for the Eastern District, Richmond, Virginia.
24. PLAINTIFF alleges that in the previous lawsuit against Strong, he filed chapter
25. PLAINTIFF alleges that Strong never requested a copy of the manuscript
from Levi.
26. PLAINTIFF alleges that in the previous lawsuit against Strong, he stated in his
“Answer” that Anthony “Pee Wee” Lewis’s character murdered more people than
27. PLAINTIFF alleges that both characters murdered four people apiece up to
chapter 9.
28. PLAINTIFF alleges that the Anthony “Pee Wee” Lewis character murdered more
29. PLAINTIFF alleges that the only possible way Strong could have made the argument
that Anthony Lewis murdered more people than Lucious Lyon is if Strong
possesses a copy of chapter 10-18, which he should not have known that it even
existed.
30. PLAINTIFF alleges that in the previous lawsuit against Daniels, he stated in his
“Answer” that the Anthony “Pee Wee” Lewis’s character murdered more people than
31. PLAINTIFF alleges that both characters murdered four people apiece up to
Chapter 9.
32. PLAINTIFF alleges that the Anthony “Pee Wee” Lewis character murdered more
33. PLAINTIFF alleges that the only possible way Daniels could have made the
argument that Anthony Lewis murdered more people than Lucious Lyon is if
Daniels possesses a copy of chapter 10-18, which he should not have known that
it even existed.
34. PLAINTIFF alleges that Strong’s Motion to Dismiss was granted for a lack of personal
35. PLAINTIFF alleges that Daniels’s Motion to Dismiss was granted for a lack of personal
36. PLAINTIFF alleges that Robert Walker’s Motion to Dismiss was granted for failure to
state a claim. However, the court granted plaintiff a chance to amend his complaint
against Walker in 2017 for violating exclusive right number (1), because he failed to
37. PLAINTIFF alleges that in 2017, the court stated that “the case would go forward
against Twentieth Century Fox, and the court would order an “Initial Pretrial
Conference” if the plaintiff didn’t amend his complaint against Walker. However,
Levi did amend his complaint against Walker. See Exhibit 3, Court Order.
38. PLAINTIFF alleges in March 2018, the court granted Twentieth Century Fox Film
39. PLAINTIFF alleges that on July 26, 2018, an Initial Pretrial phone conference was
40. PLAINTIFF alleges that he filed chapter 1-18 with the court in Virginia in the
41. PLAINTIFF alleges that he filed chapter 10 - 18 with the U.S. Library of Congress
Mastermind with the court. See Exhibit 4, CD of chapter 1-18. Time stamped
January 2010.
43. PLAINTIFF alleges that he has a hand written version of chapter 1 through 18 from
44. PLAINTIFF alleges that season one of “Empire,” borrows heavily from Unity
Incorporated: The Mastermind. The character traits of the lead actor of Empire, Terrence
Howard, are strikingly similar to the character traits of Anthony “Pee Wee” Lewis, the
45. PLAINTIFF alleges that the last infringement act within the scenes were committed by
46. PLAINTIFF alleges that the last infringement act within the protagonist, Lucious Lyon,
47. PLAINTIFF alleges that Empire has been renewed for a fifth season in May 2018.
48. PLAINTIFF alleges that the defendants have willfully continued to infringe upon
the plaintiff’s work from January 7, 2015 until May 23, 2018, and plans to continue
49. PLAINTIFF alleges that defendant’s willful infringement acts are criminal pursuant
to 17 U.S.C. § 506(a), and the crimes are punishable up to 5-years in prison pursuant
10 18 U.S.C. § 2319.
50. PLAINTIFF re-allege each and every allegation set forth in paragraph 1- 49,
51. PLAINTIFF is currently and at relevant times has been the sole proprietor of all
52. PLAINTIFF is informed and believes that the DEFENDANTS are continuing with
similarities including expressions of ideas and concepts between the respective works
based upon a review of the pilot “Empire” includes but is not limited:
CAUSES OF ACTION
54. COUNT ONE: PLAINTIFF alleges that Empire shares many striking similarities
with Levi’s manuscript, Unity Incorporated: The Mastermind, and thus, is a derivative
of the manuscript. Plaintiff alleges that Strong failed to obtain Levi’s permission to
derive a character from the “Pee Wee” character. Strong also failed to obtain Levi’s
permission to use other similarities from his scenes. Failure to obtain Levi’s
statute under U.S. Code, Title 17, Chapter 1, section 106, paragraph (2), and makes
Strong liable for damages.
COUNT TWO: PLAINTIFF alleges that Empire shares many striking similarities
with Levi’s manuscript, Unity Incorporated: The Mastermind, and thus, is a derivative of
the manuscript. Plaintiff alleges that Daniels failed to obtain Levi’s permission to derive
a character from the “Pee Wee” character. Daniels also failed to obtain Levi permission
to use other similarities from his scenes. Failure to obtain Levi’s permission constitutes
a willful and deliberate violation of the copyright infringement statute under U.S. Code,
Title 17, Chapter 1, section 106, paragraph (2), and makes Daniels liable for damages.
similarities with Levi’s manuscript, Unity Incorporated: The Mastermind, and thus, is a
derivative of the manuscript. Plaintiff alleges that Imagine failed to obtain Levi’s
permission to derive a character from the “Pee Wee” character. Imagine also failed to
obtain Levi’s permission to use other similarities from his scenes. Failure to obtain
infringement statute under U.S. Code, Title 17, Chapter 1, section 106, paragraph (2),
similarities with Levi’s manuscript, Unity Incorporated: The Mastermind, and thus, is a
derivative of the manuscript. Plaintiff alleges that Little Chicken, Inc. failed to
obtain Levi’s permission to derive a character from the “Pee Wee” character. Little
Chicken, Inc. also failed to obtain Levi’s permission to use other similarities from
his scenes. Failure to obtain Levi’s permission constitutes a willful and deliberate
violation of the copyright infringement statute under U.S. Code, Title 17, Chapter 1,
section 106, paragraph (2), and makes Little Chicken, Inc. liable for damages.
COUNT FIVE: PLAINTIFF alleges that Empire shares many striking similarities
with Levi’s manuscript, Unity Incorporated: The Mastermind, and thus, is a derivative of
the manuscript. Plaintiff alleges that Fox Broadcasting Company, Inc. failed to obtain
constitutes a willful and deliberate violation of the copyright infringement statute under
U.S. Code, Title 17, Chapter 1, section 106, paragraph (2), and makes Fox Broadcasting
COUNT SIX: PLAINTIFF alleges that Empire shares many striking similarities
with Levi’s manuscript, Unity Incorporated: The Mastermind, and thus, is a derivative of
the manuscript. Plaintiff alleges that Hulu failed to obtain Levi’s permission to display
Empire publicly. Failure to obtain Levi’s permission constitutes a willful and deliberate
violation of the copyright infringement statute under U.S. Code, Title 17, Chapter 1,
section 106, paragraph (2), and makes Hulu liable for damages.
similarities with Levi’s manuscript, Unity Incorporated: The Mastermind, and thus, is a
derivative of the manuscript. Plaintiff alleges that TV One failed to obtain Levi’s
willful and deliberate violation of the copyright infringement statute under U.S. Code,
Title 17, Chapter 1, section 106, paragraph (2), and makes TV One liable for damages.
STATE A CLAIM
55. COUNT ONE: PLAINTIFF alleges that he is the owner of Unity Incorporated:
The Mastermind, and has a valid copyright registration for the novel. Chapter 1-9 was
registered with the United States Copyright Office in 2008, and chapter 10-18 was
registered with the United States Copyright Office in August 2017. Plaintiff alleges
that Empire has copied fifteen striking similar scenes and twelve striking similarities
from the protagonist as well. Plaintiff alleges that he does not have to allege how the
defendants procured access to the work because the plaintiff is alleging the “striking
similarity” doctrine, which does not requires proving access. Plaintiff also alleges that
Mastermind.
The Mastermind, and has a valid copyright registration for the novel. Chapter 1-9 was
registered with the United States Copyright Office in 2008, and chapter 10-18 was
registered with the United States Copyright Office in August 2017. Plaintiff alleges
that Empire has copied fifteen strikingly similar scenes and twelve striking similarities
from the protagonist as well. Plaintiff alleges that he does not have to allege how the
defendants procured access to the work because the plaintiff is alleging the “striking
similarity” doctrine, which does not requires proving access. Plaintiff also alleges that
Mastermind.
The Mastermind, and has a valid copyright registration for the novel. Chapter 1-9 was
registered with the United States Copyright Office in 2008, and chapter 10-18 was
registered with the United States Copyright Office in August 2017. Plaintiff alleges
that Empire has copied fifteen strikingly similar scenes and twelve striking similarities
from the protagonist as well. Plaintiff alleges that he does not have to allege how the
defendants procured access to the work because the plaintiff is alleging the “striking
similarity” doctrine, which does not requires alleging access. Plaintiff also alleges that the
Mastermind.
The Mastermind, and has a valid copyright registration for the novel. Chapter 1-9 was
registered with the United States Copyright Office in 2008, and chapter 10-18 was
registered with the United States Copyright Office in August 2017. Plaintiff alleges
that Empire has copied fifteen strikingly similar scenes and twelve striking similarities
from the protagonist as well. Plaintiff alleges that he does not have to allege how the
defendants procured access to the work because the plaintiff is alleging the “striking
similarity” doctrine, which does not requires proving access. Plaintiff also alleges that the
Mastermind.
The Mastermind, and has a valid copyright registration for the novel. Chapter 1-9 was
registered with the United States Copyright Office in 2008, and chapter 10-18 was
registered with the United States Copyright Office in August 2017. Plaintiff alleges
that Empire has copied fifteen strikingly similar scenes and twelve striking similarities
from the protagonist as well. Plaintiff alleges that he does not have to allege how the
defendants procured access to the work because the plaintiff is alleging the “striking
similarity” doctrine, which does not requires proving access. Plaintiff also alleges that the
similarities in Empire is strikingly similar to those in Unity Incorporated: The
Mastermind.
The Mastermind, and has a valid copyright registration for the novel. Chapter 1-9 was
registered with the United States Copyright Office in 2008, and chapter 10-18 was
registered with the United States Copyright Office in August 2017. Plaintiff alleges
that Empire has copied fifteen strikingly similar scenes and twelve striking similarities
from the protagonist as well. Plaintiff alleges that he does not have to allege how the
defendants procured access to the work because the plaintiff is alleging the “striking
similarity” doctrine, which does not requires proving access. Plaintiff also alleges that
Mastermind.
The Mastermind, and has a valid copyright registration for the novel. Chapter 1-9 was
registered with the United States Copyright Office in 2008, and chapter 10-18 was
registered with the United States Copyright Office in August 2017. Plaintiff alleges
that Empire has copied fifteen strikingly similar scenes and twelve striking similarities
from the protagonist as well. Plaintiff alleges that he does not have to allege how the
defendants procured access to the work because the plaintiff is alleging the “striking
similarity” doctrine, which does not requires proving access. Plaintiff also alleges that the
Mastermind.
(a) THEME__
Each work has as a core theme of drama centered on the story of an African American
man with a history of violence, and raising himself without a mother and father from the ghetto
(b) PLOT__
Empire and Unity Incorporated: The Mastermind, depicts a light-skinned African American
man who grew up in an inner city without a mother or father in their lives. Both protagonist had
troubled lives which led them down a violent world of drug dealing. Both protagonist
eventually invested their drug money in to a record label where they operated their companies
with an iron fist. Both men used murder as a means to maintain control.
(c) SETTING
In both works, the setting takes place in an urban city on the east coast, 250 miles apart.
The friendship between two African American men becomes so strained that the main
character in both work’s plot, carry out a calculated murder against someone he has known
(d) CHARACTERS_SIMILARITIES_
LUCIOUS LYON
1. Lucious formed a friendship with two other men in their teenage year – Season 1,
Episode 1, 42:40 & Episode 12, 26:55.
2. Lucious began selling drugs as a young adult – Season 1, Episode 1, 05:32 & 40:00.
3. Lucious lured one of his two friends to an isolated area and murdered him in cold
blood – Season 1, Episode 1, 42:47.
5. When Lucious’s other friend discovered the sinister act perpetrated against their deceased
friend, he decided to testify against Lucious in a federal trial – Season 1, Episode, 12,
40:50.
8. Lucious tested three men to ascertain their loyalty to him – Season 2, Episode, 9,
11:10.
11. Lucious has numerous revenue streams under the Empire umbrella – Season 2,
Episode 10, 05:20
12. Lucious travels to Las Vega for business –Season 3, Episode 18, 01:00
1. Anthony formed a friendship with two other men in their teenage years – page 87.
3. Anthony lured one of his two friends to an isolated area and murdered him in cold
blood – page 613.
4. Drug money was used to acquire a record label for Anthony – page 460 - 464.
5. When Anthony’s other friend discovered the sinister act perpetrated on their deceased
friend, he decided to testify against Anthony in a federal trial – page 619 - 622.
9. Anthony becomes interested in Initial Public Offering (I.P.O.) – page 557 - 558.
10. Anthony grew up in the inner city without a mother or father – page 54.
11. Anthony had numerous revenue streams under the Unity Incorporated: The Mastermind
umbrella - page 456.
CHARACTER TRAITS
Furthermore, the lead character of Empire, an atheist, named his club “Leviticus” from the
bible. Leviticus is the third book of the priestly tribe of Levi, and the author’s last name is Levi.
(e) MOOD
In both works, the setting takes place in an urban city on the east coast, 250 miles apart.
The friendship between two African American men becomes so strained that the main character
in both works plot and carry out a calculated murder against someone he has known since the
(1)
(a). Annika visits Hakeem at his home, while he in the process of exercising. She
casually strolls over to a book stand and picks up a book. Impress by the type of books on
the stand, Annika suggest he read a book by Machiavelli. She explains to Hakeem who
(b). Pee Wee has a conversation with his cousin, Self, and in the process of the
conversation, Pee Wee asserts if the feds ever come close to arresting him, he would
do what Machiavelli did some 500 years go. Pee Wee proceeds to explain who
(2)
(a). A FBI agent attempts to telephone their star witness, Vernon Turner, Lucious
Lyon’s childhood friend and business associate. However, the agent fails to contact
their witness. Vernon is scheduled to testify for the feds against Lucious Lyon for
the murder of their childhood friend, Marcus “Bunkie” William (Empire – Season One, Episode
12, 45:00).
(b). Oscar visits the FBI office and convey to them that his childhood friend and
business associate, Anthony “Pee Wee” Lewis, murdered their childhood friend Ralph Bell.
He agreed to testify for the feds against Pee Wee for the murder of their childhood friend,
(3)
(a). When Bunkie’s friends learn of his demise, Lucious invites everyone to his
mansion. While Lucious sits on his sofa, he pretends to be distraught over the cold-blooded
murder of his childhood friend and begins to shed a tear ( Season 1, Episode 2, 17:00).
(b). When Ralph’s friends learn of his demise, Pee Wee invites everyone to his
mansion. While Pee converses with Oscar, he pretends to be distraught over the cold-blooded
murder of his childhood friend and sheds an occasional tear (Unity Incorporated: The
(4)
(a) Lucious proposes marriage to Annika over dinner while Anthony Hamilton sings
and plays the piano for the lovely couple. However, the engagement is short-lived because
(b). Pee Wee proposes marriage to Precious over dinner. However, the engagement
is short-lived because they fail to wed (Unity Incorporated: The Mastermind – page 409- 411).
(5)
(a). Lucious lures his childhood friend, Bunkie, to an isolated area and murders
(b) Pee Wee lures his childhood friend, Ralph, to an isolated area and murders him
(6)
(a). Lucious gives a lavish party on a yacht and invites hordes of people from the
music industry (Empire – Season One, Episode 1, 02:00).
(b). Pee Wee gives a lavish party on a yacht and invites hordes of people from the
(7)
(a). Lucious owns a record company (Empire – Season One, Episode 1, 6:00).
(b). Pee Wee gains full ownership of a record company (Unity Incorporated:
(8)
(a). Bunkie, a friend of Lucious since they were 14 years old, visits Lucious
at his home. Bunkie reminds Lucious that he murdered four dealers “back in the day”
and purports that he’s a “punk ass gangster” (Empire – Season One, Episode 1, 56:00).
(b). Pee Wee murdered four people “back in the day” (Unity Incorporated:
(9)
(a). Annika hires a private investigator to track Lucious’ ex-wife, Cookie (Empire –
(b). Pee Wee hires an investigator to follow his girlfriend, Michelle (Unity
(10)
(a). Lucious conveys to Andre to announce a reward for anyone who can
provide information for the death of his friend, Bunkie (Empire – Season One, Episode 2,
39:00).
page 611).
(11)
with another record company (Unity Incorporated: The Mastermind – page 464-466).
(12)
(a). Lucious has his attorney place a GPS device on his son’s car to
(b). Pee Wee has his P.I. place a GPS device on his girlfriend’s car to maintain
(13)
(a). Hakeem is kidnapped from the street. He is bound and gag. Even in
the face of extreme adversity, he is defiant and refuses to beg for his life (Empire – Season 2,
(b). Sonny Slim is kidnap from the street. He is bound and gag.
Even in the face of extreme adversity, he is defiant and refuses to beg for his life (Unity Incor-
(14)
determine to put him in prison (Empire – Season 2, episode 2, 44:00 & Season 2, episode 3,
determine to put him in prison (Unity Incorporated: The Mastermind – page 485-486).
(15)
(a). When Lucious’s nemesis, Roxanne Ford, encounters him, her disdain
for him forces her to make a remark pertaining to his light-skinned complexion (Empire –
(b). When Pee Wee’s nemesis, Detective Woodson, encounters him, his
disdain for him forces him to make a remark pertaining to his light-skinned complexion
56. PLAINTIFF is further informed and believes, and on that basis alleges, that
conduct has been and will continue to be to deprive PLAINTIFF of the benefits of any
other derivative work of the Book based in large part on PLAINTIFF'S story to another
buyer, and to deprive PLAINTIFF of the goodwill that would necessarily be associated
therewith.
58. PLAINTIFF is informed and believes, and on that basis alleges, that it has
lost and will continue to lose substantial revenues and has sustained damages as a result of
DENFENDANTS' wrongful conduct and has also deprived and will continue to deprive
enjoined by this Court, DEFENDANTS intend to continue their course of conduct and to
wrongfully use, infringe upon, sell and otherwise profit from PLAINTIFF'S Book.
As a direct and proximate result of the acts of DEFENDANTS alleged upon, PLAINTIFF
has already suffered irreparable damages and has sustained lost profits. PLAINTIFF has no
adequate remedy at law to redress all of the injuries that DEFENDANTS' actions alleged
60. By his actions alleged above, DEFENDANTS has infringed and will
distributing, and placing upon the market products which are derivative of PLAINTIFF'S
copyrighted work.
officers, agent and employees, and all persons acting in concert with them , from engaging
62. PLAINTIFF is further entitled to recover from DEFENDANTS the damages, they
have sustained and will sustain, and any gain, profits and advantages obtained by
DEFENDANTS' acts of infringement alleged above. At present, the amount of such damages,
gain, profits and advantages cannot be fully ascertain by PLAINTIFF but on information and
belief, PLAINTIFF believes that such damages may equal or exceed $2,000,000,000.
TIMOTHY J. LEVI
_____________________________
Plaintiff
Timothy J. Levi
2904 W. 48th Street Date: August 3, 2018
Los Angeles, CA 90043
Tel: (323) 919-0648
Email: timlevi60@gmail.com