A federal lawsuit filed Thursday in Texarkana accuses a former producer of the "Dr. Phil Show" of stealing copyrighted video footage.
The suit alleges that Leah Rothman and an unidentified current or former show employee accessed a database of video files related to the show without authorization in 2015. Rothman and the "John or Jane Doe" defendant are accused of making a recording of the video using an iPhone, a copy of which Rothman allegedly stored on her personal computer.
"Based on the infringing, the video was targeted for theft, as defendants copied and recorded only nine seconds out of thousands of hours of the 'Dr. Phil Show' video footage stored in the 'Dr. Phil Show' database," the complaint states. "Defendants' motive in infringing Peteski's copyrights was to smear plaintiff and extort money from plaintiff."
Peteski is the production company that owns the rights to the "Dr. Phil Show," which stars psychologist Phil McGraw and is the highest-rated daytime television show broadcast in the United States, according to the complaint.
Texarkana lawyers George McWilliams and David Folsom, along with Dallas lawyer Chip Babcock, filed the suit on Peteski's behalf in the Texarkana Division of the Eastern District of Texas. Babcock and Folsom are members of the Jackson Walker law firm, and McWilliams operates as a solo practitioner.
"Peteski is passionate about protecting and policing its copyrights," Babcock said. "It takes theft of a video very, very seriously, especially when that video could be used out of context."
The complaint accuses Rothman and her unknown alleged co-conspirator of violating copyright law by making a copy of the video file, which was filmed in 2014.
"The video footage was taken onboard a private plane," the complaint states. "In the video, McGraw is speaking with a production team of the 'Dr. Phil Show' and is preparing to do a take for an episode of the 'Dr. Phil Show.'"
The complaint describes the alleged copyright infringement as malicious, willful and in bad faith.
"Defendants were fully aware that their actions were wrong and unauthorized as evidenced by the fact that defendants blatantly attempted to conceal their involvement procuring the purloined recording of the video," the complaint states.
Rothman filed a suit against Peteski in January 2016 alleging false imprisonment. According to that complaint, pending in a state court in California, McGraw called about 300 employees, some of whom were scheduled to be off, to a meeting March 11, 2015, to discuss a media leak. Rothman accused McGraw of holding the staffers in a locked room and hurling obscenties at them as security guards manned the doors.
Peteski's lawyers in the California case have denied that staff weren't free to leave the meeting, have said no proof exists that doors were locked and that no physical threats were made. Babcock said the 9-second video at the root of Peteski's federal suit was copied by Rothman after the meeting of which she complains in California.
While Rothman's suit in California alleges that she was forced to quit in April 2015 because of an intolerable work environment, Babcock said Rothman finished working until her existing employment contract with CBS expired.
"She was offered a new contract and she refused it," Babcock said.
Peteski's federal suit seeks actual damages plus the amount of profits gained by the defendants' alleged infringement. Peteski wants Rothman and the unnamed defendant to turn over all copies of the video and is asking that Rothman reveal the identity of the alleged accomplice and the identities of anyone else who "participated in her infringing activities."
The complaint asks for preliminary and permanent injunctions prohibiting the alleged copyright infringement and that the defendants be ordered to pay Peteski's legal fees.
In 2013, Peteski successfully sued Gawker Media for copyright infringement. The Gawker site Deadspin posted footage from a much-anticipated episode of Dr. Phil involving a well-known sports figure in advance of its scheduled airing. The case settled for an undisclosed amount in Peteski's favor.