Trump V Woodward Rage Copyright

Case 3:23-cv-02333-RV-ZCB Document 1 Filed 01/30/23 Page 1 of 31
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
PRESIDENT DONALD J. TRUMP, 45th President

of the United States of America, in his
individual capacity,
Civil Action Number:
Plaintiff,
v. JURY TRIAL DEMANDED
SIMON & SCHUSTER, INC., a New York

corporation, ROBERT WOODWARD p.k.a.
BOB WOODWARD, an individual, and
PARAMOUNT GLOBAL, a Delaware
corporation f/k/a VIACOMCBS, INC., a
Delaware corporation, f/k/a Viacom Inc.,
successor by merger to CBSCorporation,
a Pennsylvania corporation f/k/a Westinghouse
Electric Corporation,
Defendants.
___________________________________/
COMPLAINT
Plaintiff, President Donald J. Trump, 45th President of the United States of America
(“President Trump”), by and through his attorneys, GS2 Law PLLC, upon personal knowledge and
upon information and belief as to all other matters, files this Complaint against the Defendants,
Simon & Schuster, Inc. (“SSI”), Robert Woodward, professionally known as Bob Woodward
(“Woodward”), and Paramount Global, a Delaware corporation f/k/a VIACOMCBS, Inc., a
Delaware corporation, f/k/a Viacom Inc., successor by merger to CBSCorporation, a Pennsylvania
corporation f/k/a Westinghouse Electric Corporation (“Paramount”) (collectively, “Defendants”)
and further alleges as follows:
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Nature of Action
“The media today probably does not dig deeply enough or spend sufficient time on
stories. The best way to ensure that sources will be open and honest is to treat them fairly.” This
is an excerpt from a response provided by journalist Bob Woodward posted in a Questions and
Answers section on his website, bobwoodward.com. When it came to treating President Trump
fairly, Mr. Woodward talked the talk, but he failed to walk the walk.
This case centers on Mr. Woodward’s systematic usurpation, manipulation, and
exploitation of audio of President Trump gathered in connection with a series of interviews
conducted by Mr. Woodward. Said audio was protected material, subject to various limitations
on use and distribution—as a matter of copyright, license, contract, basic principles of the
publishing industry, and core values of fairness and consent. In usurping, manipulating, and
exploiting such material, Mr. Woodward has acted in concert with (i) SSI, a major publishing
company which brings the work of many authors, including Woodward, to hundreds of countries
and territories, and (ii) SSI’s parent company, Paramount. Individually and collectively, these
entities have systematically, blatantly, and unlawfully usurped President Trump’s copyright
interests, his contractual rights, and the rights he holds as an interviewee,1 through the
1
The Defendants’ actions are, inter alia, in direct contravention of the law laid out in the
compendium of U.S. Copyright Office Practices, which sets forth a presumption that “the
interviewer and the interviewee own the copyright in their respective questions and responses
unless (i) the work is claimed as a joint work; (ii) the applicant provides a transfer statement
indicating that the interviewer or the interviewee transferred his or her rights to the copyright
claimant, or (iii) the applicant indicates that the interview was created or commissioned as a work
made for hire. See Compendium of U.S. Copyright Office Practices, 3d Ed. (2021).
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publication of an audiobook (and other works, as set forth below) predicated upon the subject
audio—solely for their own financial gain and without any accounting or recompense to him.
Prior to commencing this litigation, President Trump and his counsel confronted
Defendants with their wrongdoing; however, they brazenly refused to recognize President
Trump’s copyright and contractual rights. Instead, they proffered various flawed and irrelevant
justifications which are unavailing and devoid of any legal merit. Rather than cease their
infringement, or even account to President Trump, the Defendants have doubled down; in an
avaricious attempt to reap more benefits from their ongoing violation of President Trump’s
rights, Defendants have converted the audio not only into an audiobook but also into derivative
works, including a CD, paperback, and e-book—again, all at the expense of President Trump and
without accounting to him.
The Defendants’ ongoing concerted efforts to profit off the protected audio recordings
and the works they have distributed derived from the protected audio recordings have caused
President Trump to sustain substantial damages, necessitating the institution of this action.
Through this action, the President Trump seeks, inter alia, a declaration of his copyright interests
in the subject audiobook, CD, paperback and e-book, and recovery of the damages sustained.
Parties
1. Plaintiff, President Trump, is an individual who is a citizen and resident of Palm Beach
County, Florida, and is otherwise sui juris.
2. Defendant, SSI is headquartered in New York, New York, and is a wholly-owned subsidiary
of Paramount.
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3. Founded in 1924, SSI is the fourth-largest U.S. trade book publisher. It has over thirty (30)
U.S. imprints (a trade or brand name for a specific group of editors) across three (3) publishing
groups and publishes over 1,000 new titles annually in the U.S. In 2020, SSI earned over $760
million in U.S. publishing revenues.
4. Defendant, Woodward is an individual who, upon information and belief, is a resident of
Washington, D.C, and is otherwise sui juris.
5. Paramount is an international media and entertainment company, headquartered in New
York, New York. Paramount is also registered as a foreign profit corporation in the State of
Florida. The name and address of Paramount’s registered agent is The Prentice-Hall Corporation
System, Inc., 1201 Hays Street, Tallahassee, FL 32301.
6. Paramount’s assets include SSI, and Paramount exerts direct control over the executive
leadership of SSI.
Nature of the Action and Relief Sought
7. This action further seeks, inter alia, declaratory relief and attorney's fees as set forth
hereinafter, as well as any and all further relief in accordance with the appropriate statutes and
common law.
Jurisdiction and Venue
8. This action arises under the Declaratory Judgment Act, 28 U.S.C. § 2201 and §2202;
Florida Deceptive and Unfair Trade Practices Act; and unjust enrichment and breach of contract
under the Laws of the State of Florida. This Court has subject matter jurisdiction over this action
pursuant to 28 U.S.C. § 1331 and §1338(a) as this action arises under the U.S. Copyright Act of
1976, as amended, 17 U.S.C. § 101 et. seq.
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9. This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332(a) because
President Trump is a citizen of Florida while the Defendants are not, and the amount in
controversy exceeds $75,000.
10. To the extent the Court does not have subject matter jurisdiction over any state law claim
pursuant to the above, this Court has supplemental or pendent jurisdiction over any such
remaining claims pursuant to 28 U.S.C. § 1367 because such claims are so closely related to
President Trump’s claim for declaratory relief brought pursuant to the Declaratory Judgment Act,
28 U.S.C. § 2201 and §2202, that they form part of the same case or controversy.
11. SSI and Woodward are each engaged in interstate commerce and in activities
substantially affecting interstate commerce.
12. SSI acquires publishing rights from authors and provide publishing services, including
editing, marketing, sales, and distribution of books, throughout the United States.
13. Woodward is an investigative journalist who has written a number of books, including the
one that underlies the subject claims against the Defendants.
14. This Court has personal jurisdiction over each of the Defendants. SSI has consented to
personal jurisdiction in this District, as it is a corporation that transacts business within this
District through, among other things, its acquisition of content from and provision of publishing
services to authors. Woodward has consented to personal jurisdiction in this District, as he
transacts business within the District through his investigative journalism and publication of
literary materials. Paramount has consented to personal jurisdiction in this District, as it transacts
business within the District through its wholly-owned division, SSI. This Court has personal
jurisdiction over each of the Defendants pursuant to Florida’s long-arm statute, as each of the
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Defendants transact business within the State of Florida, committed tortious acts and omissions
in Florida, and their tortious acts and omissions caused injury to President Trump in Florida.
15. The Defendants have purposefully engaged in the business of publishing, distributing,
promoting, and selling various sources of literature throughout the United States, including
Florida, for which they have each derived significant income. The Defendants reasonably
expected that such literature, including the materials that are the subject of this lawsuit, would
be sold and distributed in Florida.
16. Each of the Defendants conducted or has conducted significant revenue-producing
business, including interstate and intrastate commerce, in Florida. Each can reasonably expect
the sale and distribution of said literature to have consequences in Florida.
17. The commercial activities of each of the Defendants in the State of Florida were not
isolated, and each has maintained sufficient contacts with Florida and/or transacted substantial
revenue-producing business in Florida to subject them to the jurisdiction of this Court pursuant
to Florida Statute §§ 48.181, 48.182, and 48.193.
18. Venue is proper in this jurisdiction pursuant to 28 U.S.C. § 1391(b)(2).
GENERAL ALLEGATIONS
Publishing Background of the Parties
19. SSI, controlled by Paramount, is the fourth-largest U.S. book publisher and is one of what
the industry calls the “Big Five” U.S. publishers. Publishers such as SSI pay significant advances to
authors whose books are expected to have commercial success.
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20. SSI is also able to offer authors the extensive editorial, production, marketing, and
publicity support generally needed to produce a top-selling book, as well as the sales and
distribution networks necessary to place books into readers’ hands.
21. The licenses obtained by SSI generally include the right to publish a book in various
formats (print, e-book, audiobook) within a particular geographic area. SSI competes for these
rights in a number of ways. In addition to paying authors advances and royalties, SSI provides
editorial, design, marketing, publicity and other services to authors. SSI also arranges for printing
and distribution of books to wholesalers and retailers.
22. Woodward is an author who has published numerous books.
23. Authors like Woodward are compensated in the form of royalties and advances. An
advance is an up-front payment of royalties that are expected to accrue from future sales of the
book.
24. In the United States, books are sold through several retail sales channels, including online
retailers such as Amazon, national bookstore chains such as Barnes & Noble and Books-A-Million,
independent bookstores such as The Strand and Politics & Prose, big-box stores such as Target,
Walmart and Costco, and specialty retailers such as Anthropologie and Bass Pro Shops.
25. Books also are sold to retailers and institutional buyers (including schools and libraries)
through wholesalers such as Ingram and Readerlink. Publishers set the cover or “list price” of a
book and sell the books to retailers at a standard discount from the list price (a little less than
half-off for most types of print books). SSI also may offer retailers marketing and other
promotional discounts in addition to the standard discount applied to the list price.
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26. President Trump is personally and professional familiar with the book publishing industry,
having authored and co-authored many titles, including, but not limited to the following (most
of which have become best sellers):
● Trump: The Art of the Deal

● Why We Want You To Be Rich: Two Men One Message
● Trump: Think Like a Billionaire: Everything You Need to Know About Success, Real
Estate, and Life
● Trump Never Give Up: How I Turned My Biggest Challenges into Success
● Great Again: How to Fix Our Crippled America
● Think Big: Make It Happen in Business and Life
● Midas Touch: Why Some Entrepreneurs Get Rich-And Why Most Don't
● Trump: How to Get Rich
● Trump: The Art of the Comeback
● Trump: The Best Real Estate Advice I Ever Received: 100 Top Experts Share Their
Strategies
● Trump: Surviving at the Top
● Time to Get Tough: Make America Great Again!
● Trump: The Way to the Top: The Best Business Advice I Ever Received
● Trump: The Best Golf Advice I Ever Received
● Think BIG and Kick Ass in Business and Life CD
● Trump 101: The Way to Success
● Donald J. Trump - Think like a Champion
27. President Trump has recently published and sold the highly successful book, “Our Journey
Together.”
28. As a published author with a publishing contract for future books with Winning Team
Publishing, President Trump has the clear right and capability to publish his own words and his
own voice.
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The Defendants’ Publications regarding President Trump
29. SSI, Paramount, and Woodward have had a great deal of commercial and financial success
with publications on the subject of President Trump.
30. The Defendants collected large revenues generated from Fear: Trump in the Whitehouse2
(“Fear”), which was published September 10, 2019. Fear sold over 2 million copies in the first
three months of publication3, breaking the 94-year first-week sales record of SSI, and became the
#1 New York Times Bestseller and #1 International Bestseller.4
31. Woodward then sought President Trump’s consent to be recorded for a series of
interviews with President Trump and repeatedly informed him that such interviews were for the
sole purpose of a book. That book, entitled Rage, was released on September 14, 2021.5
32. Woodward conducted interviews with President Trump for Rage at the White House,
President Trump’s home of Mar-a-Lago in Palm Beach, Florida, and over the phone between
December 2019 and late July 2020, as follows:
(a) Thursday, December 5, 2019

(b) Friday, December 13, 2019
(c) Monday, December 30, 2019
(d) Monday, January 20, 2020
(e) Wednesday, January 22, 2020
(f) Friday, February 7, 2020
(g) Wednesday, February 19, 2020
(h) Thursday, March 19, 2020
(i) Saturday, March 28, 2020
(j) Sunday, April 5, 2020
(k) Monday, April 13, 2020
2
ISBN13: 9781501175527
3
https://www.bobwoodward.com/books/fo3ts5c6ljss8h25q3j2x92thehuey
4
https://www.simonandschuster.com/books/Fear/Bob-Woodward/9781501175527
5
ISBN13: 9781982131746
9
(l) Wednesday, May 6, 2020

(m) Friday, May 22, 2020
(n) Wednesday, June 3, 2020
(o) Friday, June 19, 2020
(p) Monday, June 22, 2020
(q) Wednesday, July 8, 2020
(r) Tuesday, July 21, 2020
(s) Friday, August 14, 2020
(each, an “Interview,” and collectively, the “Interviews” or “Interview Sound Recordings”).
According to Woodward, he also interviewed President Trump “in 2016 when he was a
presidential candidate.”6
33. In publishing Rage, Woodward clearly hoped to replicate the success of Fear, but he failed
to do so. Faced with the reality that Rage was a complete and total failure, Woodward decided
to exploit, usurp, and capitalize upon President Trump’s voice by releasing the Interview Sound
Recordings of their interviews with President Trump in the form of an audiobook.
34. Specifically, SSI and Woodward conspired to, and did, collate and cobble together more
than eight hours of “raw” interviews with President Trump. Without President Trump’s
permission, on October 25, 2022, Defendants released the recordings as an audiobook dubbed
The Trump Tapes: Bob Woodward’s Twenty Interviews with President Donald Trump
(“Audiobook”).7
35. The Defendants proceeded with such publication knowing that President Trump’s voice
is one of the most recognizable voices in the world and hearing his words from his mouth or as
6
https://www.simonandschuster.com/p/the-trump-tapes
7
ISBN13: 9781797124735
10
directly articulated by him, is much more valuable and marketable than Woodward’s
interpretation of the interviews in Rage.
36. Indeed, amid the publication of The Trump Tapes, Woodward began advertising President
Trump’s voice, stating that “[h]earing Trump speak is a completely different experience to
reading the transcripts or listening to snatches of interviews on television or the internet,”8 and
describing President Trump’s voice as “the most recognizable voice in the world, perhaps.”9
37. Moreover, Paramount, SSI, and Woodward proceeded with such publication despite
knowing that President Trump had consented to being recorded only for the purposes of “the
book,” namely Rage, and never consented to release of any audio recording, inclusive of the
Interview Sound Recordings.
38. SSI credits on the Audiobook on Fig 1 below admit President Trump’s rights in stating
“Read by Donald J. Trump and Bob Woodward.”
Fig 1
8
https://www.simonandschuster.com/books/The-Trump-Tapes/Bob-
Woodward/9781797124735
9
https://www.youtube.com/watch?v=CzA2YX1y8E4
11
39. Online sites where the Audiobook can be purchased credit President Trump as author and
“Narrator,” recognizing that he has rights in the publication. See Fig 2.
Fig. 2
40. On November 11, 2022, Paramount, SSI, and Woodward released a CD version of the
Audiobook.10 On January 17, 2023, SSI and Woodward released a paperback11 and e-book12
version of the Audiobook (the CD, paperback, and e-book collectively are referred to herein as
“Derivative Works”).
10
ISBN13: 9781797124728
11
ISBN13: 9781668028148
12
ISBN13: 9781668030981
12
Woodward Sought and President Trump Granted a License of Limited Scope
41. During the Interviews, President Trump repeatedly stated to Woodward, in the presence
of others, that he was agreeing to be recorded for the sole purpose of Woodward being able to
write a single book.
42. President Trump made Woodward aware on multiple occasions, both on and off the
record, of the nature of the limited license to any recordings, therefore retaining for himself the
commercialization and all other rights to the narration. At no time did President Trump ever
relinquish such rights or license.
43. Notably, the Interviews reflect that Woodward was prone to exercising his own discretion
in recording President Trump, despite the foregoing limitations instituted by President Trump
regarding recording. For instance, several minutes into Interview 8, Woodward says “I’m going
to turn on my recorder,” failing to tell President Trump that the recording had already begun.
44. Interview 4 recorded at Mar-A-Lago on December 30, 2019 clearly manifests the
understanding between President Trump and Woodward that Woodward’s rights were limited
and that the parties intended that the copyright of any recordings would remain with President
Trump. At 3:34:37, Woodward confirms the recording is being taken for “the book,” and both
President Trump and Hogan Gidley confirm the scope and limitations of the license:
Woodward: On the record for the book, unless you—

Trump: For the book only, right? Only for the book.
Woodward: The book only, yeah, I’m not—
Trump: For the book only, right? So there’s no—
Gidley: Right. So there’s no stories coming out, okay.
45. Similarly, at minute 2:25 of Interview 9, Woodward starts the interview acknowledging
the mutual understanding of the scope and limitation of the license:
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Woodward: This again is for the book to come out before the Election.
46. At no time did Woodward request from President Trump that he expand the subject
license or furnish a release to use the Interview Sound Recordings for an audiobook or any other
derivative work, as is customary in the book publishing and recording industries. President Trump
told Woodward numerous times that the Interviews were to be used by Woodward—and
Woodward only—for the sole purpose of accurately quoting President Trump for the “written
word,” i.e., Rage, and not for any other purpose, including providing, marketing, or selling the
Interviews to the public, press, or the media, in any way, shape, or form.
47. President Trump never sought to create a work of joint authorship, and in the hours of
the Interviews, there is neither allusion to nor confirmation of such.
48. President Trump never conveyed any copyright in his material, nor did he ever expand
the scope of the license given.
49. Woodward appears to have had no intention to release an audiobook when initially
recording President Trump; such a decision arose much later, after the complete and total failure
of Rage. Woodward has admitted as such in stating that it was not in keeping with industry
standards to release such interview tapes; and yet, he “decided to take this unusual step of
releasing these recordings after relistening in full to all 20 interviews.”13
50. If Woodward intended to create an oral history in which he could claim rights, then
according to best industry practices, he would have had President Trump as the participant sign
over his rights as part of the standard procedures of conducting the interview, after each
13
https://www.simonandschuster.com/books/The-Trump-Tapes/Bob-
Woodward/9781797124735
14
recording or at the end of the last interview. Woodward did not adhere to this standard and, as
such, relinquished any such rights.
51. While Woodward and SSI have admitted that President Trump has a copyright interest in
the work by crediting him as a reader on the Audiobook and the CD, they have never accounted
to him in any manner whatsoever for the Audiobook and the Derivative Works.
SSI and Woodward Unlawfully Manipulate the Recordings
52. Woodward writes in Rage that the third interview took place December 30, 2019, at Mar-
a-Lago: “We sat next to each other at a large table. Hogan Gidley, his deputy press secretary, sat
more than six feet away on the other side of the table, recording the interview on his mobile
phone.”
53. A comparative analysis of this Interview in the Audiobook with Gidley’s recording of the
same reveals a substantial difference; the deviation reveals that Woodward and SSI took
extensive and unacceptable liberties with the words actually spoken by President Trump.
Specifically, portions of the Interview are selectively omitted in the Audiobook, as reflected in
the stricken-out language below:
Trump: Ready? The Whistleblower Report…

Woodward: You, you…
Trump: Okay, before I do the transcript…
Woodward: You know me well enough …
Trump: I know, I know…
Woodward: …to know that I’m neutral…
Trump: …and I think, but I think you’re wrong. Okay, ready?
Woodward: Okay.
Trump: The Whistleblower Report—before you ever heard of a transcript…
Woodward: Yeah, yeah.
Trump: …it was given to Congress…
Woodward: It doesn’t have any standard.
Trump: It blew up…
Woodward: Yeah.
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Trump: It blew up. We were getting, and all we had—it was going to be a disaster.
Woodward: But it’s not truth.
Trump: It was a false report written by a guy whose lawyer is a scumbag, okay? A real
scumbag. Look at the background of these people.
Woodward: Yeah.
Trump: The Whistleblower Report was a fraud. Okay, it blew up. It was going to be a
disaster. Schiff got up before the United States Congress, and he gave a false statement
on what I said.
Woodward: I totally understand that, I understand that.
Trump: If I didn’t put out, if I didn’t put out…
Woodward: Okay.
Trump: …this very innocent conversation I had with the President of Ukraine, who then
confirmed the conversation, saying there was no pressure put on a Whistleblower.
Woodward: Okay, you’re willing to have this conversation, and you know me well
enough. I’m, I really want to understand in a comprehensive…
Trump: But you haven’t even read the Whistleblower…
Woodward: …and let me share that…
Trump: …but you haven’t read the Whistleblower Report.
Woodward: No, no, no, but that’s, it’s not…
Trump: You can’t have this conversation.
Woodward: But it’s not evidence. It’s…
Trump: Do you understand what I’m saying?
Gidley: Of course…
Woodward: Yeah, yeah, it’s not…
Gidley: Of course…
Trump: Now I know you’re…do you agree?
Gidley: We were at UNGA, Mr. President…
Trump: If I didn’t have…
Gidley: …and that’s all I was getting, was questions about this Report…
Trump: The Wh—
Woodward: Okay, yeah.
Gidley: all I was getting…
Trump: Let me ask you…
Gidley: …for days, all the deals.
Trump: So, I have an innocent conversation—Do us, the United States, a favor, and
then I say, our Country. I don’t say…
Woodward: I understand.
Trump: …my Campaign. I say, our Country. And then I say the Attorney General of the
United States, okay? And, by the way, if anybody looked at that horrible tape with
Biden, you’d fully understand that, and he brought up the name Rudy Giuliani, by the
way, he did—the President.
Woodward: Okay.
Trump: I didn’t bring it up. Okay, ready? If I didn’t have that very accurate transcription,
and now it’s been proven to be accurate, because even the Lieutenant Colonel’s agreed
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that it was accurate. Okay, so, you know, I don’t know, I think it would have been a
disaster. You were getting killed.
Gidley: Killed.
Trump: The only reason I and, by the way, I got approval from Ukraine before I did it,
because I was very, I said—Geez, you know, it’s a terrible thing to do. A terrible thing to
do. So, we called Ukraine. We said—Do you mind if we release this conversation? And
we got approval. Otherwise, I wouldn’t have been able to release it.
Woodward: I’m gonna tell you something from my experience.
Trump: Go ahead.
Woodward: Because you’ve been very…
Trump: You—nobody more experienced.
Woodward: You’re willing to have this. As you know, in the Nixon case, I always said
afterwards…
Trump: …by the way, there’s a much different case.
Woodward: Yes. I’m the first to say that…
Trump: …I mean, you know, this is peanuts compared to that.
Woodward: But as soon as the Watergate burglars were caught, if Richard Nixon had
gone on television and said—You know, I’m the man at the top. I’m indirectly
responsible for this. I am sorry. I apologized.
Trump: Yeah.
Woodward: It would have gone …
Trump: Okay.
Woodward: …away.
Woodward: You don’t think so?
Trump: I would never have done it here.
Woodward: Yeah.
Trump: Yeah, Nixon should have done that.
Woodward: He should have done that.
Trump: But I can’t, I shouldn’t have done that, because I did nothing wrong
54. Far from being a “raw” and unedited recording, it seems that extreme license was taken
with the responses provided by President Trump in which he has a copyright interest, and the
answers were manipulated to alter President Trump’s language as well as to support the
particular narrative desired by Woodward, SSI, and Paramount.
55. Paramount, SSI, and Woodward deviated from industry standard practices, did not obtain
the requisite releases, misappropriated President Trump’s copyright interests, manipulated the
recordings to benefit Woodward’s desired narrative while peddling the story that the recordings
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are “raw,” and deprived President Trump of the opportunity to publish or not to publish his
words, read in his voice.
56. It seems that in the view of the Defendants, the only way to rectify the failure of Rage
was for experienced publishers and authors to throw their values to the wind and trample on
established rights for the sake of profit. Woodward was not telling anything new; it was who was
doing the telling that made the difference.
57. Accordingly, President Trump has been harmed.
58. Published sources indicate that the Fear sold more than two (2) million copies, which is
the amount of copies that the Audiotape can be estimated to sell. Based upon the purchase price
of the Audiotape, $24.99, the damages President Trump has sustained due to the actions of the
Defendants as set forth herein are estimated to be at least $49,980,000.00, exclusive of punitive
damages, attorney’s fees, and costs.
COUNT I
DECLARATORY RELIEF REGARDING OWNERSHIP OF COPYRIGHTS
(Pursuant to 28 U.S.C. §§ 2201, et seq.)
(SSI, WOODWARD, PARAMOUNT)
59. President Trump repeats and reincorporates by reference the allegations in Paragraphs 1
through 58 as though fully set forth herein.
60. This claim arises under the declaratory judgment provision of 28 U.S.C. § 2201 and § 2202
and under the Copyright Laws of the United States, 17 U.S.C. §§ 101 et. seq.
61. As a result of the acts described in the preceding paragraphs, there exists a controversy
of sufficient immediacy and reality to warrant the issuance of declaratory relief.
62. An actual and justifiable controversy exists sufficient for this Court to declare the rights
and remedies of the parties in that there is a dispute between President Trump and the
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Defendants concerning their respective rights and interests in the Interview Sound Recordings,
Audiobook, and Derivative Works at issue.
63. A judicial declaration is necessary so that President Trump may ascertain his rights
regarding the rights and interests in the Interview Sound Recordings, Audiobook, and Derivative
Works.
64. President Trump is entitled to a declaratory judgment that he owns the Interview Sound
Recordings, Audiobook, and Derivative Works in full and therefore is entitled to all revenues
arising from the exploitation of such works.
65. In the alternative, President Trump is entitled to declaratory judgment that President
Trump owns the copyright in his responses in the Interview Sound Recordings, Audiobook, and
Derivative Works in accordance with, inter alia, the established practices of the U.S. Copyright
office (Compendium Third Edition) and therefore is entitled to the pro rata revenues arising from
the exploitation of such works.
66. President Trump is further entitled to a declaratory judgment from this Court that the
sound recordings at issue were not created pursuant to a work-for-hire agreement.
WHEREFORE, the Plaintiff, President DONALD J. TRUMP respectfully requests that the Court grant
the following relief against the Defendants in this matter:
(a) Enter declaratory judgment adjudging that President Trump has a full copyright interest
in the Interview Sound Recordings, Audiobook, and Derivative Works at issue;
(b) In the alternative, enter declaratory judgment adjudging that President Trump has a
copyright interest in his responses in the Interview Sound Recordings, Audiobook, and
Derivative Works at issue;
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(c) Enter declaratory judgment adjudging that the sound recordings at issue were not created
pursuant to a work-for-hire agreement;
(d) Award of compensatory, punitive damages and disgorgement of Defendants of at
minimum, $49,980,000.00;
(e) Order the Defendants to pay to President Trump all fees, expenses, and costs associated
with this action;
(f) Order the Defendants to pay to President Trump all pre- and post-judgment interest on
his damages; and
(g) Award such other and further relief as the Court deems just, proper, and equitable.
COUNT II
ACCOUNTING
67. President Trump realleges and incorporates the allegations in Paragraphs 1 through 66
above as though fully set forth herein.
68. Defendants have been and are engaged in the intentional and continued exploitation of
the Interview Sound Recordings, Audiobook, and Derivative Works at issue.
69. Defendants unjustly have the sole and exclusive control over the books and records that
establish the applicable amounts of revenue on which royalties for the Interview Sound
Recordings, Audiobook, and Derivative Works at issue are to be calculated.
70. Based upon Defendants’ position of exclusive control over such books and records, the
Defendants owe to President Trump a duty to account and pay all royalties in connection with
the Interview Sound Recordings, Audiobook, and Derivative Works at issue.
20
71. Upon information and belief, Defendants have not properly accounted to President
Trump for income earned on the Interview Sound Recordings, Audiobook, and Derivative Works
at issue.
72. An accounting is necessary because Defendants have erroneously and unlawfully failed
to recognize President Trump’s rights and must account to him for all income derived from
exploitation of the Interview Sound Recordings, Audiobook, and Derivative Works at issue.
73. An accounting is also necessary and appropriate under the circumstances since the
precise amount of money due to President Trump is unknown and cannot be ascertained without
an accounting.
74. President Trump has no adequate remedy at law.
WHEREFORE, the Plaintiff, President DONALD J. TRUMP, respectfully requests that this Court
enter an order declaring that the actions of the Defendants, SIMON & SCHUSTER, INC., ROBERT
WOODWARD, and PARAMOUNT GLOBAL entitle President Trump to an accounting of all income
and profits derived from the Interview Sound Recordings, Audiobook, and Derivative Works, for
compensatory damages, prejudgment interest, post-judgment interest, attorney’s fees, costs of
the action, and such other relief as the Court deems appropriate.
COUNT III
UNJUST ENRICHMENT
(WOODWARD)
75. President Trump realleges and incorporates the allegations above in Paragraphs 1
76. This is an action for unjust enrichment against Woodward.
21
77. President Trump has conferred a benefit upon Woodward by engaging with him in the
Interviews and allowing recordation of the Interview Sound Recordings in connection with a
singular book, which benefit Woodward accepted.
78. Woodward has exploited the Interview Sound Recordings to enrich himself, as he
converted the Interview Sound Recordings into an unauthorized Audiobook and Derivative
Works through which he has derived and received the benefit of revenues, fees, royalties, and
other consideration.
79. Woodward has directly profited, and continues to profit, from such benefit without
accounting to and compensating President Trump, and without the authority or consent of the
President Trump.
80. Woodward has failed to acknowledge or cite to President Trump’s contributions to the
Audiobook and all Derivative Works, instead harvesting all of the benefit for himself and his
publisher, SSI.
81. It is inequitable and not in good conscience that the Woodward continue to reap such
benefits from President Trump without compensating President Trump for the value of monies
received in connection with the Audiobook and all Derivative Works.
82. Woodward’s receipt of the benefits and privilege that President Trump has conferred
without paying the royalties and other charges owing to President Trump in return for those
benefits and privileges constitutes unjust enrichment and has damaged President Trump.
83. It would be entirely inequitable for Woodward to retain any benefit without paying the
value of any monies, including but not limited to royalties and other fees, generated from the
Audiobook and all Derivative Works.
22
enter a judgment against the Defendant, ROBERT WOODWARD, for damages, together with
costs, pre-judgment interest, attorney’s fees, and such other and further relief that this Court
deems just and proper.
COUNT IV
UNJUST ENRICHMENT
(SSI)
85. This is an action for unjust enrichment against SSI.
86. President Trump has conferred a benefit upon SSI through SSI’s acquisition of the
Interview Sound Recordings, which benefit SSI accepted.
87. SSI has exploited the Interview Sound Recordings to enrich itself, as it converted and
facilitated the conversion of the Interview Sound Recordings into an unauthorized Audiobook
and Derivative Works through which SSI has derived and received the benefit of revenues, fees,
royalties, and other consideration.
88. SSI has directly profited, and continues to profit, from such benefit without accounting to
and compensating President Trump, and without the authority or consent of the President
Trump.
89. SSI has failed to acknowledge or cite to President Trump’s contributions to the Audiobook
and all Derivative Works, instead harvesting all of the benefit for itself, its parent company
Paramount, and its author Woodward.
23
90. It is inequitable and not in good conscience that SSI continue to reap such benefits from
President Trump without compensating President Trump for the value of monies received in
connection with the Audiobook and all Derivative Works.
91. SSI’s receipt of the benefits and privilege that President Trump has conferred without
paying the royalties and other charges owing to President Trump in return for those benefits and
privileges constitutes unjust enrichment and has damaged President Trump.
92. It would be entirely inequitable for SSI to retain any benefit without paying the value of
any monies, including but not limited to royalties and other fees, generated from the Audiobook
and all Derivative Works.
enter a judgment against the Defendant, SIMON & SCHUSTER, INC. for damages, together with
COUNT V
UNJUST ENRICHMENT
(PARAMOUNT)
94. This is an action for unjust enrichment against Paramount.
95. President Trump has conferred a benefit upon Paramount through SSI’s acquisition of the
Interview Sound Recordings, which benefit Paramount accepted.
96. Paramount has exploited the Interview Sound Recordings to enrich itself, as it converted
and facilitated the conversion of the Interview Sound Recordings into an unauthorized
24
Audiobook and Derivative Works through which Paramount has derived and received the benefit
of revenues, fees, royalties, and other consideration.
97. Paramount has directly profited, and continues to profit, from such benefit without
accounting to and compensating President Trump, and without the authority or consent of the
President Trump.
98. Paramount has failed to acknowledge or cite to President Trump’s contributions to the
Audiobook and all Derivative Works, instead harvesting all of the benefit for itself, its parent
company Paramount, and its author Woodward.
99. It is inequitable and not in good conscience that Paramount continue to reap such
benefits from President Trump without compensating President Trump for the value of monies
received in connection with the Audiobook and all Derivative Works.
100. Paramount’s receipt of the benefits and privilege that President Trump has conferred
without paying the royalties and other charges owing to President Trump in return for those
benefits and privileges constitutes unjust enrichment and has damaged President Trump.
101. It would be entirely inequitable for Paramount to retain any benefit without paying the
value of any monies, including but not limited to royalties and other fees, generated from the
Audiobook and all Derivative Works.
enter a judgment against the Defendant, PARAMOUNT GOLOBAL for damages, together with
25
COUNT VI
PROMISSORY ESTOPPEL
(WOODWARD)
103. Woodward affirmatively represented to President Trump that the Interview Sound
Recordings would be utilized for the publication of a single written book. Woodward reasonably
expected that this promise would induce President Trump to consent to the Interviews.
104. President Trump consented to the Interviews in reliance upon said promise.
105. Enforcement of that promise is necessary to avoid injustice to President Trump.
COUNT VII
VIOLATION OF THE FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT
107. This is an action for actual damages suffered by President Trump as a result of the
Defendants’ violations of the “Florida Deceptive and Unfair Trade Practices Act” (“FDUTPA”). Fla.
Stat. § 501.201, et seq. 65.
108. President Trump is a “consumer” as defined by FDUPTA.
26
109. Defendants at all material times have engaged in “trade or commerce” as defined in Fla.
Stat. § 501.203, of FDUTPA.
110. FDUPTA “shall be construed liberally” to, in pertinent part, “protect the consuming public
and legitimate business enterprises from those who engage in unfair methods of competition, or
unconscionable, deceptive, or unfair acts or practices in the conduct of any trade or commerce.”
Fla. Stat. § 501.202(2).
111. Fla. Stat. § 501.204(1) provides that “[u]nfair or deceptive acts or practices in the conduct
of any trade or commerce are hereby declared unlawful.”
112. Defendants, at all times material hereto, provided goods or services and were engaged in
trade or commerce as defined by Fla. Stat. § 501.203(8).
113. Defendants committed an unconscionable act or practice or an unfair or deceptive act in
the conduct of trade or commerce in violation of FDUPTA when they engaged in unlawful, unfair
and fraudulent business acts, practices, or competition, including but not limited to:
(i) Publication of the Interview Sound Recordings via the Audiobook and the
Derivative Works with knowledge of President’s Trump rights to ownership of
the same and the limitations of any license granted to publish portions of the
same;
(ii) Publication of the Interview Sound Recordings to capitalize and benefit from
President Trump’s voice to the detriment of President Trump’s ability to
publish his own voice given his position as author.
27
(iii) Publication of the Interview Sound Recordings with alteration in the spoken
words and removal of context, in order to cast a poor light on President Trump
and to mislead and deceive other customers into viewing him in a poor light.
114. Each of the foregoing violations of FDUPTA caused President Trump to suffer actual
damages, including but not limited to a complete and utter lack of payment of any monies,
including but not limited to royalties and other fees, generated from the Audiobook and all
Derivative Works. That amount is estimated to be at least $49,980,000.00 as explained above.
115. President Trump is entitled to recover these actual damages from the Defendants, jointly
and severally, as set forth in Fla. Stat. § 501.211.
116. President Trump has had to retain the services of undersigned counsel for this action and
is entitled to recover his reasonable attorneys’ fees and costs pursuant to Fla Stat. § 501.2105.
WHEREFORE, the Plaintiff, requests that this Honorable Court enter a judgment against the
Defendants as follows: (a) that the Court adjudge and decree that the conduct complained of
herein constitute deceptive and unfair trade practices in violation of FDUPTA; (b) that the Court
award against the Defendants, jointly and severally, damages, civil penalties, attorney’s fees,
prejudgment interest and costs to President Trump for the prosecution of this violation pursuant
to Fla. Stat. § 501.207(3); (c) enter an injunction enjoining future violations of the Act pursuant
to Section 501.211(1), Fla. Stat.; (d) award any such equitable or other relief pursuant to Fla. Stat.
§ 501.207(3); and (e) award such other and further relief as the Court deems just and proper.
28
COUNT VIII
BREACH OF CONTRACT
(WOODWARD)
118. President Trump granted Woodward a limited license that recordings of the Interviews
could be utilized for the purposes of writing a singular book.
119. Woodward agreed to the terms of the limitations in such license.
120. President Trump performed and gave the requested Interviews such that Woodward
could write a singular book.
121. Woodward breached the terms of the license upon publication of the Audiobook.
122. Woodward further breached the terms of the license upon publication of the Derivative
Works.
123. Woodward has caused harm to President Trump arising from such breaches of the license.
COUNT IX
BREACH OF COVENANT OF GOOD FAITH AND FAIR DEALING
(WOODWARD)
29
125. All contracts in Florida, including the license, impose an implied covenant of good faith
and fair dealing upon the parties thereto. This covenant requires that the parties cooperate so
that each party may obtain full benefit under the license.
126. Woodward breached this covenant in numerous and diverse ways, by, inter alia,
a. Publication of the Interview Sound Recordings via the Audiobook and the
Derivative Works with knowledge of President’s Trump rights to ownership of the
same and the limitations of any license granted to publish portions of the same;
b. Publication of the Interview Sound Recordings to capitalize and benefit from
President Trump’s voice to the detriment of President Trump’s ability to publish
his own voice given his position as author.
c. Publication of the Interview Sound Recordings with alteration in the spoken words
and removal of context, in order to cast a poor light on President Trump and to
mislead and deceive other customers into viewing him in a poor light.
127. As a direct and proximate result thereof, President Trump has been damaged.
JURY DEMAND
President Trump hereby requests a trial by jury on all issues so triable.
30
PUNITIVE DAMAGES
President Trump reserves the right to amend any of these causes of action and seek punitive
damages if such is warranted after discovery.
Dated: January 30, 2023.

GS2 LAW PLLC
By: /s/ Robert Garson
Robert Garson, Bar No. 1034548
Yanina Zilberman, Bar No. 105665
20803 Biscayne Blvd., #405
Aventura, Florida 33180
(305) 780-5212
rg@gs2law.com; yz@gs2law.com
Attorneys for Plaintiff
31

Trump V Woodward Rage Copyright

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Case 3:23-cv-02333-RV-ZCB Document 1 Filed 01/30/23 Page 1 of 31

IN THE UNITED STATES DISTRICT COURT

PRESIDENT DONALD J. TRUMP, 45th President

v. JURY TRIAL DEMANDED

SIMON & SCHUSTER, INC., a New York

(“Woodward”), and Paramount Global, a Delaware corporation f/k/a VIACOMCBS, Inc., a

Delaware corporation, f/k/a Viacom Inc., successor by merger to CBSCorporation, a Pennsylvania

corporation f/k/a Westinghouse Electric Corporation (“Paramount”) (collectively, “Defendants”)

and further alleges as follows:

This case centers on Mr. Woodward’s systematic usurpation, manipulation, and

exploitation of audio of President Trump gathered in connection with a series of interviews

without accounting to him.

County, Florida, and is otherwise sui juris.

million in U.S. publishing revenues.

4. Defendant, Woodward is an individual who, upon information and belief, is a resident of

Washington, D.C, and is otherwise sui juris.

5. Paramount is an international media and entertainment company, headquartered in New

System, Inc., 1201 Hays Street, Tallahassee, FL 32301.

Nature of the Action and Relief Sought

Jurisdiction and Venue

1976, as amended, 17 U.S.C. § 101 et. seq.

controversy exceeds $75,000.

substantially affecting interstate commerce.

one that underlies the subject claims against the Defendants.

services to authors. Woodward has consented to personal jurisdiction in this District, as he

be sold and distributed in Florida.

16. Each of the Defendants conducted or has conducted significant revenue-producing

the sale and distribution of said literature to have consequences in Florida.

to Florida Statute §§ 48.181, 48.182, and 48.193.

18. Venue is proper in this jurisdiction pursuant to 28 U.S.C. § 1391(b)(2).

Publishing Background of the Parties

authors whose books are expected to have commercial success.

distribution networks necessary to place books into readers’ hands.

and distribution of books to wholesalers and retailers.

22. Woodward is an author who has published numerous books.

of which have become best sellers):

● Trump: The Art of the Deal

The Defendants’ Publications regarding President Trump

with publications on the subject of President Trump.

#1 New York Times Bestseller and #1 International Bestseller.4

December 2019 and late July 2020, as follows:

(a) Thursday, December 5, 2019

(l) Wednesday, May 6, 2020

(each, an “Interview,” and collectively, the “Interviews” or “Interview Sound Recordings”).

Recordings of their interviews with President Trump in the form of an audiobook.

interpretation of the interviews in Rage.

Interview Sound Recordings.

“Read by Donald J. Trump and Bob Woodward.”

“Narrator,” recognizing that he has rights in the publication. See Fig 2.

Woodward Sought and President Trump Granted a License of Limited Scope

write a single book.

relinquish such rights or license.

Woodward: On the record for the book, unless you—

the mutual understanding of the scope and limitation of the license:

the Interviews, there is neither allusion to nor confirmation of such.

the scope of the license given.

releasing these recordings after relistening in full to all 20 interviews.”13

such, relinquished any such rights.

SSI and Woodward Unlawfully Manipulate the Recordings