Roll ‘Em Productions Inc. and shareholders Jeff Barabe and Michael Fox has filed a complaint for copyright infringement against Sen. Diaz and his company Diaz Broadcasting Company doing business as Medal Belau TV.
The complaint was filed in court on July 18 by the plaintiff’s counsel Kassi Berg, who is also a shareholder of Roll “Em Productions Inc.
Berg, a licensed lawyer in New York, filed a request in court for admission to represent the plaintiff under Rule 5 of the Rules of Admission.
Chief Justice Arthur Ngiraklsong granted Berg’s motion and admitted her to practice before the Palau Courts for the special and limited purpose of representing the plaintiffs in the civil action.
However Chief Justice Ngiraklsong ordered the lawyer to provide the court a certificate of good standing from the State of New York.
Chief Justice Ngiraklsong stated in his order dated July 23, 2008 that “applicant is not to do anything on this case until a certificate of good standing is filed” before the court.
The complaint stated that on or about May 12, 2008, plaintiffs were contacted by the CIP office of the Executive Branch of the National Government to produce a video for the purpose of display a the 21st Annual Republic of Palau President’s Day Celebration in Portland, Oregon.
The Oregon Celebration was scheduled to take place on June 7, 2008. The plaintiffs agreed to produce the video for the display at the Oregon Celebration.
The complaint stated that as of June 20, 2008, plaintiffs had not been paid any fees for the production of the CIP Video 2008.
The complaint stated that as of June 20, 2008, the CIP Video have never publicly aired and PNCC’s cable subscribers has never seen the CIP Video 2008.
The complaint stated that on June 20, 2008, only one day after defendants launched Medal Belau TV, defendants aired the CIP Video 2008 without authorization from Roll ‘Em Productions, the copyright owners and authors of the said video.
The complaint stated that defendants aired the CIP Video 2008 for approximately 19 minutes except for the last 19 ten seconds which contained the end credits. The end credits displayed Roll ‘Em Productions name and logo.
The end credits also indicated the names of the Palauan authors of the original music score, the complaint added.
The complaint stated that defendants displayed an unauthorized, modified version of the CIP Video 2008 on Medal Belau TV without authorization and without airing the credits, both in violation of the Republic of Palau Copyright Act 2003.
The plaintiffs’ are requesting the court to immediately and permanently enjoin defendants from broadcasting any of plaintiff audiovisual works without consent or otherwise infringing on copyrights in any manner.
The plaintiffs’ are also seeking for an award of damages for defendant’s copyright infringement in an amount to be determined at trial and for reasonable attorney’s fees and disbursements of the action.
