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Supreme Court Petition

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UNITED STATES SUPREME COURT

No. ((TBD))

EVERETT ADAM JACKSON,

  Petitioner,

vs.

CORY A. BOOKER, LISA DURDEN, MARC BENJAMIN, MARC LEVIN, FOREST WHITAKER, EVAN SHAPIRO, SUNDANCE CHANNEL, ED CARROLL, RAINBOW

MEDIA HOLDINGS LLC,

JAMES DOLAN, and CABLEVISION SYSTEMS CORPORATION,

  Respondents.

ON PETITION FOR A WRIT OF CERTIORARI TO THE

UNITED STATES THIRD CIRCUIT COURT OF APPEALS

PETITION FOR WRIT OF CERTIORARI

Everett Adam Jackson

Newark, New Jersey

QUESTIONS PRESENTED

1.To be judged fairly, does the Brick City Copyright Infringement case require a thorough and documented examination of the evidence?

2.Does an item-by-item documented examination of the author’s Similarities Lists substantiate his citation of more than 250 similarities, involving 75 of the book’s 113 pages or 66% of the pages of the book having similarity to specified areas of the movie, including 93 character similarities, amounting to 2/5 of the movie content being attributable to the book?

3.Is the incorrect statement by the Appellate Court that E. Adam Jackson said his book was a “hybrid” work too far departed from the accepted and usual course of judicial proceedings?

LIST OF PARTIES

Cory A. Booker

Lisa Durden

Mark Benjamin

Evan Shapiro

Sundance Channel

Ed Carroll

Rainbow Media Holdings LLC

James Dolan

Cablevision Systems Corporation

TABLE OF CONTENTS

INDEX OF APPENDICES……………………5

TABLE OF AUTHORITIES…………………..6

OPINIONS BELOW…………………………………….7

JURISDICTION…………………………………………..8

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED ……………………………………………………………………9

STATEMENT OF THE CASE…………………10

REASONS FOR GRANTING THE PETITION….12

CONCLUSION……………………………………27

INDEX OF APPENDICES

Appendix A…………..Opinion of the United States Court of Appeals

Appendix B…………..Order of the United States District Court

Appendix C…………..Decision of the United States Court of Appeals Sur Petition for Rehearing

TABLE OF AUTHORITIES

U.S. Copyright law Chapter 1, section 101……………….9

U.S. Copyright law Chapter 1, section 106……………….9

OPINIONS BELOW

The Decision of the United States Court of Appeals appears at Appendix A to the petition and its status or place of publication is unknown to Petitioner.

The Decision of the United States District Court appears at Appendix B to the petition and is labeled “NOT FOR PUBLICATION”.

The Decision of the United States Court of Appeals Sur Petition for

Rehearing appears at Appendix C to the petition and its status or place of publication is unknown to Petitioner.

JURISDICTION

     The date on which the United States Court of Appeals decided on this case was February 16, 2012 A.D..

     A timely Petition for Rehearing was denied by the Third Circuit Court of Appeals on March 15, 2012 A.D., and a copy of the order denying rehearing appears at Appendix C.

     The jurisdiction of this Court is invoked under 28 U.S.C. §1254(1).

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED

U.S. Copyright law Chapter 1, section 101:

“A “derivative work” is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications, which, as a whole, represent an original work of authorship, is a “derivative work”.”

U.S. Copyright law Chapter 1, section 106, item 2:

“…subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: …(2) to prepare derivative works based upon the copyrighted work…”

STATEMENT OF THE CASE

     E. Adam Jackson, the Petitioner, spent about six years writing and publishing the Brick City book. Brick City was copyrighted in 1990 and released to the public in 1991. The author promoted in churches, schools, jails, clubs, bars, offices, meetings, and at Newark City Hall to build recognition of Brick City.

     E. Adam Jackson mailed his book to Lisa Durden, who became an associate producer of the derivative Brick City movie, and he handed a copy of the book to Cory A. Booker, who went on to star in the reality series.

     The Brick City reality series was released in 2009 A.D., with substantial similarities to the book. E. Adam Jackson filed suit for copyright infringement in Federal District Court on October 18, 2010.         By October 26, before Plaintiff  had formally notified any of the Defendants, there were false stories appearing in nationwide media saying that the lawsuit was against Forest Whitaker involving a trademark issue. This case-related misinformation announced that the Big Time Political Machine was already chugging up the tracks.

     The District Court was prepared to proceed without the main Defendant being served a summons by the U.S. Marshal Service. On March 12, 2011 E. Adam Jackson delivered a letter to the U.S. Marshal Service asking that Cory A. Booker be served or that an explanation be given why he was not, especially since the mayor’s office was right around the corner from the Marshals’. Shortly afterward, the mayor was finally served.

     The Defense then moved for dismissal of the Complaint and the District Court obliged, without showing a through review of the evidence. The 3rd Circuit Appeals Court upheld that decision, also without documenting an item-by-item review of plainly documented evidence in the Similarities Lists. The appellate court then rejected a Petition for Rehearing, motivating this Petition for Writ of Certiorari.

REASONS FOR GRANTING THE PETITION

This Petition should be granted because:

1.This case is important to the national public, and

2.The Appellate Court published an opinion which included a false statement, that E. Adam Jackson had described his book as a “hybrid genre”, an untrue statement that signals the Appellate Court’s failure to distinguish between Reality and a reality series, and

3. The previous courts did not show any comprehensive review of the extensive, clearly laid-out evidence in the Similarities Lists, a failure that favored the Defense

Regarding Reason #1:

a.Citizens, students, teachers, and especially artists of the United States must witness whether or not the author of Brick City is protected by the law and not vulnerable to bold violation by an ambitious and powerful politician seeking to elevate his celebrity status at the original artist’s expense;

b.Citizen artists of the United States must witness through this case that we are protected by the law and not vulnerable to corporate raids on our unique creativity;

c.Cory A. Booker is a well-known politician whose carefully-crafted image of heroism and leadership must be put to a real-life, on-the-record character test before he gets his finger on the proverbial button;

d.The Supreme Court is fundamental to saving our nation’s reputation in this time when many citizens have serious questions about the U.S. government;

e.This case marks either agreement with, or departure from, the original aims of the Constitution writers: to protect creators from encroachment;

f.Artists, students, professors, entrepreneurs, and other citizens of the U.S. need to see justice in a case where a novelist used a manuscript, $1000, and energetic networking to spread his idea among the people and into the media and, when infringed upon, appropriately used the legal system and sheer determination to reap full rewards in defeating corporate violators and correcting a misbehaving mayor;

g.Because the Brick City Movement presents a grassroots solution to major U.S. problems such as racism, ignorance, and poverty;

h.The winning of not only the $20 million demanded in this case but also the triplicate award that is justified by the intentional nature of the infringement will elevate the Petitioner’s family and community as well as fund positive changes in U.S. society to benefit us all

Regarding Reason #2:

Petitioner brings attention to the statement by the appellate court that E. Adam Jackson referred to his book as a “hybrid work.” Please see Appendix A, pages 2 and 3. Whoever wrote that misstatement for the appellate court was wrong. E. Adam Jackson never used the term “hybrid” to refer to the Brick City book. “Hybrid” is the term that one of the Defendants used to describe their derivative reality series, which was a mixture of fiction and reality. Petitioner hereby makes the claim that the appellate court decision was based on erroneous thinking.

Regarding Reason #3:

The preceding courts did not show a thorough, item-by-item examination of the Similarities Lists — a decision to ignore the evidence, which favored the Defense. The Similarities Lists prove the copyright infringement beyond a reasonable doubt.

      The following format is used in the lists: “(Page #)” denotes the book page number; “(##:##)” designates the approximate minute and second of the movie.

{Start of Episode 1, “Summer is Ours”} The first similarity is that the film has the same title as the plaintiff’s Brick City book, which the Defense admitted to having per the Complaint. The Defendants could have safely stayed in same-title territory without violation of the copyright but they went on to adapt the particular form of expression, resulting in the remaining strong similarities listed as follows:

1.The location mentioned in the book is “could be a Newark…” p. 2; the film series is focused on Newark from the very first visual scenes in the intro; the Defense admitted that the book was all about Newark numerous times in their papers submitted to the Court.

2.Executive Producer Forest Whitaker locates the project in Newark in his introduction, particular to the expression of the Brick City book (0:19)

3.The book is particularly structured in five chapters; the film followed with five episodes

4.The Brick City anti-crime patrol organized and led by Jeep was portrayed in the film as Cory A. Booker and Police Director McCarthy leading the Newark police force against crime (86-88) (1:15…) (9-12:13) (14:25) (32:21-33:55)

5.A romantic couple are two of the main characters, altered for the movie (3,4,18-20,80-86,95-98,103-105) (6:31…) (12:34-13:49)

6.The film’s line “I know the guy” after a crime at 10:04 is similar to the line in the book on p. 89 where Angelo Bruno says “I know the kid” as Casher contemplates the crime of robbing Angelo’s pizza parlor (89) (10:04)

7.A pregnancy announcement is made by the female romantic to the male romantic (95) (13:13)

8.A pregnancy announcement is made to the female romantic’s mother (86) (13:27)

9.The book’s mentors, Rashid Hasan, Mr. Abdullah, and Mr. Allen were consolidated in the movie in part by The Street Doctor (26-28, 34,35,42,43,46-50,102,103,104,105,107,108,87) (17:37-20:55)

10.Fathering issues are a focus in both, in which the movie is reminiscent of book characters like Scottsboro who is mentored by Mr. Abdullah; also in the movie they became the busload of boys on Father’s Day being mentored by the Street Doctor (26-28) (19:18-20:55)

11.Police filming crime and videotaping suspect’s actions (1,3) (22:23-25:15)

12.In the book criminal-turned-activist Rashid Hasan is on the scene after Casher smash-n-grabs a blue leather jacket; in the movie criminal-turned-activist The Street Doctor is on the scene after a shooting (42-44) (29:54)

13.The Brick City book focuses on parenting: in the book Iris Vine’s mothering of daughter Liana Vine was a particular expression, Willamina mothers her son Jeep, Violet mothers her son Scottsboro, Robert Burns fathers his son Scottsboro; this parenting focus was altered by the Father’s Day scene featuring The Street Doctor, by Creep being a stepfather and father, by Cory Booker’s parents being repeatedly featured throughout the film including at a tribute speech, at home, in an interview, and on the radio (22-38,45,46,51-65,72,73,78,79,85,86,94-98) (8:27…) (13:52) (34:20-37:52)

14.The incident at 40:31 of the DVD in the project courtyard is like Casher’s holdup in the project lobby, considering the actions: the violator gets the drugs and the money and one gunshot is fired, in altered sequence but similar composition (90,91) (40:31-40:54)

15.In the book old street guy Rashid Hasan counsels young gang member Casher; in movie old street King Sau counsels young gang member Jayda (42,43) (41:21-43:00)

16.In the book our group of young men follow Jeep just before a sweep at the projects; in the movie police confer on criminal behavior just before a sweep at the projects (86,87) (43:01)

17.The book’s Liana vomits in toilet, as derivatively the movie’s pregnant romantic female does (p. 22) (43:51-44:54)

18.The book has a virtual barbershop scene; the movie has a barbershop scene (p. 108) (44:54)

19.When Casher gets “baptized,” he is facing the law after falling into the canal and when Casher is in jail looking out the window at Jeep, Rashid Hasan, and the other bridge walkers after he bragged all big and bad is like Jayda’s fall when she turns herself into the law (93,105-107) (45:35-46:17…) {End of Episode 1, “Summer is Ours”}

20. {Start of Episode 2, “The Struggle”} The book’s Casher got locked up and loved ones show concern was altered to the female romantic getting locked up (93,105-107) (3:01-4:10) (9:52) (18:31-20:43)

21.Book shows The Canal and the Canal Master making economic plans/ Movie features Port Newark waterfront and Newark economic development plans (70-72) (4:11-6:17)

22.In the book Councilman Mizzetti has a demolition scheme; the movie shows reminiscent scene of workers in Brick City demolishing buildings; Cory A. Booker helps demolish and speaks about development (50-51) (11:35-12:18) (22:11-24:05)

23.The book’s male mentors, Rashid Hasan, Mr. Abdullah, and Mr. Allen were replaced in the movie in part by the male mentoring program at Central High School (26-28, 34,35,42,43,46-50,102,103,104,105,107,108,87) (20:45) (26:23-26:39)

24.Brick City book features Brick City high school principal Shell; movie shows Central High School principal Ras Baraka (9,10,98-100) (26:40…)

25.The book features Scottsboro, and the historical background of his name as well as how his dream embodies The African-American Struggle Against Racism/In the movie the demonstration by Imamu Amiri Baraka and the People’s Organization for Progress represents The Struggle by remembering the rebellion of 1967: both have court trial scenes, both have protest organizations that make a move to control their environment by patrolling the residential building and confronting criminals (46,56,74,75) (31:36-33:06)

26.Controversy about a male touching a female’s chest occurs in both, another instance of adapting particulars from the original Brick City by E. Adam Jackson into a derivative filmwork (21, 22, 54, 85, 86) (35:41-)

27.Jeep leading the anti-crime meeting and his fellows following his heroic lead against crime on p. 86-88 is elaborated by Cory A. Booker’s leaderly anti-crime pep talk with his police force, and their ensuing anti-crime efforts continue the similarities (i.e. police helicopter at  46:43 & 47:13) in Brick City (86-88) (43:12-45:29){End of Episode 2 “Struggle”}

28.{Start of Episode 3 “Central”} Both the copyrighted book and the subsequent movie chronicle the struggle of the high school principal and the high school itself struggling within the system (9,10,98-100) (3:11-5:21) (9:40-10:33) (27:44-29:28) (31:56-33:20) (40:55) (44:21)

29.Male/female relationship-building is a prominent component that was adapted from the book to the movie (18-20, 55-59, 78, 79, 80-82, 95-98) (5:24 -6:55) (11:47 – 14-54) (26:07 – 27:43) (29:37 – 31:55) (54:45)

30.Male mentoring in Brick City is a prominent component that was adapted from the book to the movie 25-28,30,31-34,42,43,46,47,50,60,74,87,89,108-110) (40:55 – 44:50) (46:15 – 46:50) (47:43 – 50:44)

31.Female romantic Liana shows organizational skills in the book; recast as Jayda in the movie (80-84,86-88, 104-105) (44:51 – 46:15) (46:51 – 47:42) {end of Episode 3 “Central”}

32.{Start of Episode 4 “Circus”} In the book, police take action at the projects with helicopters, the movie shows similar scene; (1,2,3,4,93) (1:12 – 2:14) (helicopter 24:35)

33.Male-female relationship building is a component that was adapted from the book to the movie (18-20, 55-59, 78, 79, 80-82, 95-98) (6:11 – 7:01) (26:48 – 27:38)

34.In the book there are court trials for The Scottsboro Boys/in the movie there is the court trial for Jayda (75) (7:02 – 7:40) (13:23 – 14:12) (29:24 – 30:32) (43:34 – 44:16 this scene also furthers the “organizer” characteristic) (48:06 – 51:04)

35.Humanization of young gangsters and thugs occurs in both (5-9, 11-17, 48-50, 88-93, 105-107) (9:02 – 9:50) (30:34 – 32:20) (35:28 – 43:32)

36.Female romantic has heart to heart talk with mother about baby, baby’s father and about plans for organizing (96-97) (24:50 – 25:45)

37.In the book Liana consulted with a sportswriter and a scout about her project, which was to manage the million dollar talents of her quarterbacking boyfriend Jeep Thomas and then he performs his talent as planned on the field/In the movie female romantic organizer consults with Cory A. Booker about her female mentoring project and then takes her project to the streets (80-82) (36:03 – 39:26)

38.In the book there are court trials for The Scottsboro Boys/in the movie there is the court trial for Jayda (75) (4:04 – 4:36) (19:01) (39:47 – 40:23)

39.Humanization of young gangsters and thugs occurs in both (5-9, 11-17, 48-50, 88-93, 105-107) (9:02 – 9:50) (30:34 – 32:20) (35:28 – 43:32)

40.In the book, a football scene leads to Liana doing public relations to promote Jeep; in the movie a football scene leads to Jayda doing mentoring  (public relations) (80-82) (11:56 – 13:09)

41.In the book, Councilman Mizzetti consults with his lawyer; in the movie politicians repeatedly consult in playing politics (51, 52) (11:00 – 11:54) (14:00 – 15:33)

42.In the book, there is the Brick City patrol, the aggressive anti-crime group founded by Jeep and his boys; they witnessed a drug robbery in which there is a shooting amid dissension between opposing gangs, altered by the movie (86-94) (30:50)

43.Book features high school principal Shell; movie shows Central High School principal Ras Baraka (9,10,98-100) (27:48 – 30:52)  (33:04 – 36:00)

44.At 41:42 Police Director McCarthy says “if I were to write a book” perhaps stating the blameworthy awareness of those who recognized a great story and then violated its copyright, tipping us off by unconsciously revealing the deed (41:42)

45.The book ends off with a poem by Scottsboro Wood; the end of the film recasts and transforms that into a poem by Mayor Cory Booker (111) (BONUS SCENES)

Character Similarities

1.Character copy: in the book Councilman Mizzetti is a politician who plays a central role by doing the right thing; in the movie he became Mayor Cory A. Booker who plays the central role

2.Character copy: Councilman Mizzetti the politician also became Councilman Oscar James

3.Character copy: Liana and Jeep, the book’s couple who becomes pregnant as (cover, 3,4,18-20) Liana plans and organizes for family’s future despite issues with her mother, (80-86,95-98) became in the movie the gang-related couple who gets pregnant but the young mother is a gang girl who becomes an organizer of a girl’s mentoring group

4.Character copy: The book’s high school principal Mr. Shell became the movie’s principal of Central High School (9,10,98-100)

5.Character copy: Rashid Hasan, a.k.a. The Hustler, is a former criminal who (34,35,42,43) transforms himself to be a pillar of the community; in the movie The Hustler/ Rashid Hasan became The Street Doctor and Brother Ali Muslim as well as Jiwe (40-50, 102-108); all three explain their transformation from criminal to communal behavior

6.Character copy: The property development activities of The Hustler became the property developers in the film series (41-43, 49, 50, 108)

7.Character copy: Tyrone Broadway, the book’s young karate fighter, became Michael Perez Central High School’s young boxer (3,34,78,101,108,109,46,47)

8.Character copy: The trials and transformations of the book’s young gang member Casher became the trials and transformations of the movie’s young gang member/ female romantic partner Jayda (3,4,5-17,39-43,88-93,105-107)

9.Character copy: The anti-gang, anti-crime activities led by Jeep and the boys become the anti-gang, anti-crime activities in the film led by Mayor Cory Booker, Police Director McCarthy and Cory Booker (86-88)

10.Character copy: Mr. Abdullah, the librarian who wears costumes including a doctor’s costume to help make his points for self-improvement, became The Street Doctor, who often wears a doctor’s costume (26-28, 87)

11.Character copy: Scottsboro, the fatherless young man whose name symbolizes the struggle against US racism, is the model for the movie’s group of fatherless youth being mentored by the school administrators, for Cory A. Booker and his parents relationship being explored, and for Cory A. Booker posing as the freedom fighter (25,27,29-33,55-65,94)

12.Character copy: The repeated police helicopter monitoring and dealing with crime in the book is mimicked by repeated police helicopter monitoring in the film (1,2,3,4,93)

13.Character copy: The parents Orleen and Ty Sr., Violet and Prof. Burns, became Cory Booker’s parents (72,73,78,79,94)

That is the end of the Similarities Lists. Each page number listed represents a similarity. Any differences in the reality series beyond its substantial similarities with the book are classified as elaborations and modifications under the derivative work specifications in Chapter 1, section 101 of the U.S. Copyright law.

CONCLUSION

The documented similarities between the book and the first season of the reality series, when reviewed one-by-one, show that the District and Appellate Courts did not perform up to acceptable standards of justice.

There are hundreds of similarities between the works. The petition for a writ of certiorari should be granted.

Dated:   June 11, 2012 A.D.

Respectfully submitted,

EVERETT ADAM JACKSON

Petitioner

Newark, NJ

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