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 In a complaint filed on Tuesday in Manhattan federal court, Jason
Koza said he never allowed his fan art depicting Wu-Tang members to
be used in packaging for the hip-hop group's "Once Upon a Time in
Shaolin," the sole copy of which Shkreli bought.
Shkreli has bragged that he had no plans to listen to the album, but
bought it to "keep it from the people."
The 32-year-old is also known for sparking outrage last year among
patients, doctors and politicians after his former company Turing
Pharmaceuticals raised the price of the anti-parisitic infection
drug Daraprim by more than 5,000 percent.
Koza, 34, of Copiague, New York, said he thought his nine works
would appear only on the website WuDisciples.blogspot.com.
 But the Fashion Institute of Technology graduate now blames Wu-Tang
leader Robert "RZA" Diggs for including them in the "Shaolin" album,
and Shkreli for allowing three works depicting Inspectah Deck, Ol'
Dirty Bastard and Raekwon to accompany a Jan. 29 article at
Vice.com.
"Mr. Koza was happy when his work appeared on the website," the
complaint said. "Mr. Koza never granted a license for his works to
be copied or displayed anywhere (else)."
Other defendants include Paddle8, which auctioned the album, and Wu
Tang-affiliated producer Tarik "Cilvaringz" Azzougarh.
Koza said Cilvaringz has acknowledged the infringement, asking in a
Jan. 31 email "if you want to skype discussing the use of your
drawings. Thanks bro." Benjamin Brafman, a lawyer for Shkreli, did
not immediately respond to requests for comment. Wu-Tang did not
immediately respond to a similar request. A Paddle8 spokeswoman
declined to comment.
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Last Thursday, Shkreli invoked his constitutional right against
self-incrimination at a House Committee on Oversight and Government
Reform hearing on drug pricing, and later tweeted that lawmakers in
Congress were imbeciles. He also faces separate federal securities
fraud charges.
Koza is seeking unspecified damages plus profits stemming from
copyright infringement.
His lawyer Peter Scoolidge said in a phone interview that Shkreli
"didn't need to know" the illustrations were protected to be liable.
"There is no intent requirement for copyright infringement," he
said.
The case is Koza v Diggs et al, U.S. District Court, Southern
District of New York, No. 16-00956.
(Reporting by Jonathan Stempel in New York; Editing by Marguerita
Choy and Alan Crosby)
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