Level 12 Productions sues Grabien, alleging it copied two New York protest videos and offered them in its news clip database

The complaint

Level 12 Productions, LLC v. Grabien Inc., No. 1:26-cv-07078 (E.D.N.Y.), was filed November 3, 2026, ECF No. 1, with a jury demand. Level 12 Productions, LLC is described as a New York limited liability company with its principal place of business in Wayne County, Michigan. Grabien Inc. is described as a Delaware corporation that, upon information and belief, maintains a place of business in Brooklyn, New York. The November 3, 2026 case assignment entry assigns the case to Magistrate Judge Clay H. Kaminsky, and a clerk's notice the same day says a magistrate judge was assigned as presiding judge under the Eastern District of New York Direct Assignment Program.

The works

The complaint says Brendan Gutenschwager, an independent video journalist, created a video of protesters outside the Israeli Consulate in New York (Video 1) and a video of protesters in front of Radio City Music Hall in New York City (Video 2), that Level 12 is his production company, and that Level 12 owns the copyrights by written assignment, including the right to sue for past infringement. It says Video 1 was first published on October 8, 2023 and registered on October 18, 2023 as Registration No. PA 2-441-811, and Video 2 was first published on March 28, 2024 and registered on April 23, 2024 as Registration No. PA 2-470-069.

The Copyright Office records show the same registration numbers, first publication dates, and registration dates. Registration No. PA 2-441-811 is a motion picture titled "10.08.2023.Speeches Near Consulate General of Israel in New York." and Registration No. PA 2-470-069 is a motion picture titled "03.28.24.Protesters Gathered Outside Biden Fundraiser at Radio City Music Hall." Each lists Brendan Gutenschwager a/k/a BGONTHESCENE as author and Level 12 Productions, LLC as claimant by written agreement.

What the complaint alleges

The complaint alleges Grabien owns and operates grabien.com and news.grabien.com and an X account, GrabienMedia, and that without authorization it reproduced, distributed, and publicly displayed the Videos in connection with its commercial activities. It says Grabien sells subscriptions to, and per-file downloads, embed codes, and customized edits of, clips in its news clip database to media customers, and pays the contributors who supply clips a commission on each sale. It alleges, upon information and belief, that Grabien made the Videos available to its paying customers for download, embedding, and re-editing.

According to the complaint, Grabien posted Video 1 on its websites and on the X account on or about October 9, 2023, and posted Video 2 on its websites on or about March 28 and March 29, 2024, and stored frames of both as still images. It says Level 12 notified Grabien of the infringements on or about May 13, 2024 and followed up on or about December 3, 2024, and that all seven website posts remained publicly accessible as of the filing, as shown by archived captures made November 2, 2026. It also says Grabien was sued for copyright infringement in 2022 over the same conduct alleged here, No. 1:22-cv-01652 (E.D.N.Y.), and alleges, upon information and belief, that Grabien had not designated an agent with the Copyright Office under 17 U.S.C. § 512(c)(2) at the time of the infringements.

The claims and relief requested

The First Cause of Action alleges direct copyright infringement under 17 U.S.C. § 501 et seq. and alleges that the infringement was willful. The Second Cause of Action alleges vicarious copyright infringement, and the Third Cause of Action alleges contributory copyright infringement, each to the extent any of the infringing posts was uploaded by a third-party contributor. The prayer asks for a finding of infringement, actual damages and profits under 17 U.S.C. § 504(b) or, at Level 12's election, statutory damages under § 504(c) for each work, an injunction under § 502(a), costs and attorney's fees under § 505, and prejudgment interest.

Docket

The docket shows the complaint, summons issued, a clerk's consent notice, a quality control notice, an AO copyright report, and a November 4, 2026 notice of appearance. Watch for service on Grabien and its answer or a motion.