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Case 2:14-cv-06613-AB-CW Document 1 Filed 08/22/14 Page 1 of 37 Page ID #:17
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A. SASHA FRID (State Bar No. 216800) -< cr
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2 BENJAMIN A. GOLD (State Bar No. 267256) rcz -9
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MILLER BARONDESS, LLP
4 1999 Avenue ofthe Stars, Suite 1000 m
Los Angeles, California 90067
5 Telephone: [phone] rC c-fl
Facsimile: [phone] —4
6
7 Attorneys for Plaintiffs UMG Recordings, Inc.; Capitol Records, LLC;
Universal Music Corp.; Universal Polygram International Publishing, Inc.;
8 Universal Songs OfPolygram In—ternational, Inc.; Songs OfUniversal,
—
Inc.; Universal Music Z Tunes LLC; Rondor Music International, Inc.;
9 —
Universal Music MGB NA LLC; Universal Musica, Inc.
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10
UNITED STATES DISTRICT COURT
11
CC’ CENTRAL DISTRICT OF CALIFORNIA
‘C
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UMG RECORDINGS, INC., a Delaware CASE NO.
79
- Q7 13 corporation; CAPITOL RECORDS,
CV’14 O66l3_P&(Vf
a Delaware limited liability companj A
14
UNIVERSAL MUSIC CORP., a COMPLAINT FOR:
Z 7.c Delaware corporation; UNIVERSAL
cr :z g 15 POLYGRAM INTERNATIONAL — 1. COPYRIGHT INFRINGEMENT
< . 16 PUBLISHiNG, INC., a Delaware SOUND RECORDINGS -
corporation; UNIVERSAL SONGS OF 2. COPYRIGHT INFRINGEMENT
17 POLYGRAM INTERNATI—ONAL, INC., MUSICAL COMPOSITIONS -
z a Delaware corporation; SONGS OF 3. VIOLATION OF CALIFORNIA
18
UNIVERSAL, INC., a California CIVIL CODE § 980(2)
19 corporation; UNIVERSAL MUSIC Z 4. STATUTORY AND COMMON
-
TUNES LLC, a New York limited LAW UNFAIR COMPETITION
20 liability company; RONDOR MUSIC 5. COMMON LAW
INTERNATIONAL, INC., a California MISAPPROPRIATION
21
corporation; UNIVERSAL MUSIC 6. CONVERSION
I MGB NA LLC, a California limited—
22
liability company; UNIVERSAL REQUEST FOR JURY TRIAL
23 MUSICA, INC., a Florida corporation,
Plaintiffs,
24 v.
25
JE T’AIME LLC, a Georgia limited
liability company; JE T’AIME MEDIA
26
GROUP INC, a Georgia corporation;
27 GTM, Inc., a Georgia corporation; and
DOES 1 through 10.
28
Defendants.
1
COMPLAiNT
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Case 2:14-cv-06613-AB-CW Document 1 Filed 08/22/14 Page 2 of 37 Page ID #:18
Plaintiffs UMG Recordings, Inc., Capital Records, LLC, Universal Music
2 Corp., Universal Polygram International Publishing, Inc., Universal Songs Of
— —
PolyGram International, Inc., Songs OfUniversal, Inc., Universal Music Z Tunes
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LLC, Rondor Music International, Inc., Universal Music MGB NA LLC, and
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Universal Musica, Inc. (“Plaintiffs”) allege as follows:
6 INTRODUCTION
1. This is a cut-and-dry copyright infringement case arising out of
8 Defendants Je T’aime LLC, Je T’aime Media Group Inc., and GTM, Inc. (together,
“Defendants”) television production activities. Defendants engaged in copyright
10 infringement by reproducing, adapting, distributing, publicly performing, and
H displaying over 200 ofPlaintiffs’ sound recordings and musical compositions, without
12 obtaining consent to do so.
13 2. Plaintiffs are among the world’s leading record companies and music
14 publishers, and own the rights to thousands ofrecordings and musical compositions,
I .! 15 including many ofthe most well-known and valuable sound recordings and musical
16 compositions in the world. Plaintiffs incur tremendous expense in connection with the
17 creation and acquisition of such creative works and recoup their investment through
18 the sale and licensing ofsuch works.
19 3. Defendants created, produced, funded, and/or distributed a reality
20 television program entitled Master ofthe Mix (the “Show”). The Show is a musical
21 competition where several disc jockeys compete over several episodes to become
22 “Master ofthe Mix.”
23 4. On information and belief, non-parties Diageo, PLC and Diageo North
24 America, Inc. also helped create, produce, and launch the Show, and one oftheir
25 brands, Smimoffvodka, sponsors and is prominently featured throughout the Show.
26 In addition to being crowned “Master ofthe Mix,” the winner ofthe Show is awarded
27 $250,000 and is Smirnoff’s official DJ for a year.
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COMPLAiNT
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Case 2:14-cv-06613-AB-CW Document 1 Filed 08/22/14 Page 3 of 37 Page ID #:19
1 5. Plaintiffs’ copyrighted works have been integral to the Show since its
2 inception. Indeed, during Seasons 1 and 2 ofthe Show, Defendants properly licensed
numerous ofPlaintiffs’ sound recordings and musical compositions for use on the
Show.
6. Plaintiffs’ copyrighted works again played an integral role during Season
6 3 ofthe Show. During Season 3, Defendants exploited over 200 ofPlaintiffs’ sound
“ recordings and musical compositions. This time, however, Defendants failed to
8 properly license any ofthe copyrighted or otherwise protected works they exploited.
Defendants’ use ofPlaintiffs’ copyrighted works without obtaining the proper licenses
10 was blatant infringement.
11 7 Defendants are liable to Plaintiffs for their numerous violations ofthe
12 Copyright Act through their unauthorized exploitation ofPlaintiffs’ copyrighted or
13 otherwise protected works in connection with Season 3 ofthe Show.
14
JURISDICTIONAND VENUE
z
15 8. This is a civil action seeking damages for copyright infringement under
16 the Copyright Act, 17 U.S.C. § 101 etseq., and under state law.
17 9. This Court has subject matterjurisdiction over Plaintiffs’ claims pursuant
18 to 28 U.S.C. § 1338(a) and 1367.
19 10. This Court has personal jurisdiction over Defendants, which do business
20 in this judicial district; which distribute or authorize the broadcast ofthe Show in this
21 state; which expect or reasonably should expect their infringing conduct to have
22 consequences in California; and which conduct has caused injury to Plaintiffs in this
23 state.
24 11. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) and (c),
25 and 1400(a).
26
27
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COMPLAINT
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Case 2:14-cv-06613-AB-CW Document 1 Filed 08/22/14 Page 4 of 37 Page ID #:20
THE PARTIES
2
The Record Company Plaintiffs
12. PlaintiffUMG Recordings, Inc. is a corporation duly organized and
existing under the laws ofthe state ofDelaware, with its principal place ofbusiness in
Los Angeles County, California, and is doing business in the state of California and in
6 this judicial District.
13. PlaintiffCapital Records, LLC is a limited liability company duly
8 organized and existing under the laws ofthe state ofDelaware, with its principal place
ofbusiness in Los Angeles County, California, and is doing business in the state of
10 California and in this judicial District.
14. The foregoing Plaintiffs (the “Record Company Plaintiffs”) are record
12 companies engaged in the business ofproducing sound recordings and manufacturing,
13 distributing, selling, and/or licensing the distribution and sale oftheir sound
‘ recordings in phonorecords (as defined in 17 U.S.C. § 101) in the United States. The
15 Record Company Plaintiffs are among the world’s leading record companies, and own
16 the rights to thousands ofsound recordings, including many ofthe most well-known
17 and valuable sound recordings in the world. The Record Company Plaintiffs invest
18 substantial sums ofmoney, as well as time, effort, and creative talent to discover and
19 develop recording artists, and to create, manufacture, advertise, promote, sell, and
20 license phonorecords embodying the performances oftheir exclusive recording artists,
21 many ofwhom live and/or work in the District.
22 15. The Record Company Plaintiffs are the copyright owners of, or the
23 owners ofexclusive rights in, thousands ofsound recordings, including but not limited
24 to the sound recordings listed in Exhibit A (the “Copyrighted Recordings”),
25 incorporated herein by reference.
26 16. The Record Company Plaintiffs have obtained certificates ofcopyright
27 registration in each ofthe Copyrighted Recordings, or have applied for such
28 registration prior to filing suit. As the owner ofthe copyrights or exclusive rights in
COMPLAfNT
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Case 2:14-cv-06613-AB-CW Document 1 Filed 08/22/14 Page 5 of 37 Page ID #:21
1 the Copyrighted Recordings, the Record Company Plaintiffs possess the exclusive
2 rights to license the Copyrighted Recordings for reproduction, distribute copies ofthe
Copyrighted Recordings to the public, and to synchronize the Copyrighted Recordings
on television programs.
17. The Record Company Plaintiffs also possess exclusive ownership rights
6 in sound recordings ofmusical performances that initially were “fixed” prior to
‘ February 15, 1972. The Record Company Plaintiffs’ catalog ofpre-1972 recordings
8 includes some ofthe most famous, popular, and valuable sound recordings in the
world. The pre-1972 recordings are the product ofan enormous investment oftime,
10 effort, money, and creative talent in discovering and developing the recording artists
and creating, manufacturing, advertising, promoting, selling, and licensing their sound
12 recordings. The Record Company Plaintiffs exploit their pre-1972 recordings in a
; : 13 number ofways, including by licensing them for synchronization in audiovisual
14 works such as motion pictures, television programs, and music videos.
15 18. Congress has expressly recognized that the states provide extensive
16 protection through various state law doctrines to recordings “fixed” before February
17 15, 1972 and that the federal Copyright Act does not “annul[] or limit[]” those rights
18 untilFebruaryl5,2067.” 17U.S.C.301(c).
19 19. For more than 40 years, California has provided uninterrupted common
20 law and statutory protection to the owners ofpre-1972 recordings against those who
21 exploit them without license or compensation. The existence ofa common law
22 property right in pre-1972 recordings has been explicitly recognized by California
23 courts since at least 1969. In 1982, California amended its Civil Code to provide
24 statutory protection for pre-1972 recordings: “{t]he author ofan original work of
25 authorship consisting ofa sound recording initially fixed prior to February 15, 1972,
26 has an exclusive ownership therein until February 15, 2047, as against all persons
27 except one who independently makes or duplicates another sound recording that does
28 not directly or indirectly recapture the actual sounds fixed in such prior sound
4
COMPLAINT
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Case 2:14-cv-06613-AB-CW Document 1 Filed 08/22/14 Page 6 of 37 Page ID #:22
recording, but consists entirely of an independent fixation ofother sounds, even
2 though such sounds imitate or simulate the sounds contained in the prior sound
recording.” Cal. Civ. Code § 980(a)(2).
20. This broad protection afforded to pre-1972 recordings is consistent with
the recognition by California courts and the California legislature ofcritical, important
6 public policy interests in providing strong state law protection for sound recordings.
‘ These interests include ensuring that record companies receive compensation from
8 their substantial expenditure ofeffort, skill, and money in selecting performing artists
and obtaining the exclusive right to record their performances, as well as ensuring that
10 owners ofsound recordings possess powerful and appropriate remedies against those
who seek to unfairly appropriate and profit from such artistic performances.
12 21. Among the pre-1972 recordings owned by the Record Company
2
Plaintiffs, and exploited by Defendants, are those identified in Exhibit B hereto (the
‘ “Pre-1972 Recordings”).
2 15
The Music Publisher Plaintiffs
16 22. PlaintiffUniversal Music Corp. is a corporation duly organized and
17 existing under the laws ofthe state ofDelaware, with its principal place ofbusiness in
18 Los Angeles County, California, and is duly qualified to transact business in the state
19 ofCalifornia and in this judicial District.
20 23. PlaintiffUniversal Polygram International Publishing, Inc. is a
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21 corporation duly organized and existing under the laws ofthe state ofDelaware, with
22 its principal place ofbusiness in Los Angeles County, California, and is duly qualified
23 to transact business in the state ofCalifornia and in this judicial District.
24 24. PlaintiffUniversal Songs OfPolyGram International, Inc. is a
—
25 corporation duly organized and existing under the laws ofthe state ofDelaware, with
26 its principal place ofbusiness in Los Angeles County, California, and is duly qualified
27 to transact business in the state ofCalifornia and in thisjudicial District.
28 /1/
COMPLAINT
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25. PlaintiffSongs OfUniversal, Inc. is a corporation duly organized and
2 existing under the laws ofthe state ofCalifornia, with its principal place ofbusiness in
Los Angeles County, California, and is duly qualified to transact business in the state
ofCalifornia and in this judicial District.
26. PlaintiffUniversal Music Z Tunes LLC (including d/b/a Universal
—
6 Music Z Songs) is a Limited Liability Company duly organized and existing under
—
‘ the laws ofthe state ofNew York, with its principal place ofbusiness in Los Angeles
8 County, California, and is duly qualified to transact business in the state ofCalifornia
and in thisjudicial District.
10 27. PlaintiffRondor Music International, Inc. (including d/b/a Irving Music
Inc. and Almo Music Corp.) is a corporation duly organized and existing under the
12 laws ofthe state ofCalifornia, with its principal place ofbusiness in Los Angeles
13 County, California, and is duly qualified to transact business in the state ofCalifornia
14 and in this judicial District.
15 28 PlaintiffUniversal Music MGB NA LLC (including d/b/a Universal
—
16 Music Careers and Universal Music MGB Songs) is a Limited Liability Company
— —
17 duly organized and existing under the laws ofthe state ofCalifornia, with its principal
18 place ofbusiness in Los Angeles County, California, and is duly qualified to transact
19 business in the state ofCalifornia and in this judicial District.
20 29. PlaintiffUniversal Musica, Inc. is a corporation duly organized and
21 existing under the laws ofthe state ofFlorida, with its principal place ofbusiness in
22 Los Angeles County, California, and is duly qualified to transact business in the state
23 ofCalifornia and in this judicial District.
24 30. The foregoing Plaintiffs (the “Music Publisher Plaintiffs”) are music
25 publishing companies engaged in the acquisition, ownership, administration, and
26 exploitation ofmusical compositions. The Music Publisher Plaintiffs are among the
27 world’s leading music publishing companies, and own or control the rights to
28 thousands ofmusical compositions, including many ofthe most well-known and
6
COMPLAINT
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Case 2:14-cv-06613-AB-CW Document 1 Filed 08/22/14 Page 8 of 37 Page ID #:24
‘ valuable musical compositions in the world. The Music Publisher Plaintiffs invest
2 substantial sums ofmoney, as well as time, effort, and creative talent, to acquire,
administer, license, and otherwise exploit copyrights in musical compositions, on their
own behalf and on behalfofsongwriters, many ofwhom live and/or work in the
District.
6 31. The Music Publisher Plaintiffs are the copyright owners and/or the
owners ofexclusive rights under copyright with respect to certain musical
8 compositions, including but not limited to the musical compositions listed in
Exhibit C (the “Copyrighted Compositions”), incorporated herein by reference.
10 32. The Music Publisher Plaintiffs have obtained certificates ofcopyright
“ registration in each ofthe Copyrighted Compositions, or have applied for such
registration prior to filing suit. As the owner ofthe copyrights or exclusive rights in
12
‘ the Copyrighted Compositions, the Music Publisher Plaintiffs possess the exclusive
-
!
: 14 rights to license the Copyrighted Compositions for reproduction, distribute copies of
g 15 the Copyrighted Compositions to the public, and to synchronize the Copyrighted
16
Compositions on television programs
17
Defendants
18 33. Defendant Je T’aime LLC is a Georgia limited liability company.
19 34. Defendant Je T’aime Media Group Inc. is a corporation duly organized
20 and existing under the laws ofGeorgia.
21 35. Defendant GTM, Inc. is a corporation duly organized and existing under
22 the laws ofGeorgia.
23 36. The true names and capacities, whether individual, corporate, associate,
24 or otherwise, ofall defendants sued herein as Does 1 through 10 (the “Doe
25 Defendants”), are unknown to Plaintiffs, who therefore sue such defendants by such
26 fictitious names. Ifnecessary, Plaintiffs will seek leave ofCourt to amend this
27 Complaint to state their true names and capacities when the same have been
28 ascertained. Plaintiffs are informed and believe, and on that basis aver, that the Doe
7
COMPLAINT
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Case 2:14-cv-06613-AB-CW Document 1 Filed 08/22/14 Page 9 of 37 Page ID #:25
1 Defendants direct, control, ratify, participate in, materially contribute to, profit from,
2 induce, encourage, and/or facilitate the violations ofPlaintiffs’ copyrights and rights
under state law complained ofherein or are otherwise liable to Plaintiffs as a result of
their participating in all or some ofthe acts hereinafter set forth.
37. Plaintiffs are informed and believe and on that basis allege that at all
6 times mentioned in the Complaint, each ofthe Defendants was the agent ofthe other
‘‘ Defendants and, in doing the things alleged in the Complaint, was acting within the
8 course and scope of such agency.
FACTS
10 38. The Show is a reality television series that features discjockeys
11 competing to become “Master ofthe Mix” and win a featured sponsorship valued at
12 $250,000. There have been three seasons ofthe Show. Season 3 ofthe Show featured
13 ten episodes and aired on VH1, which is received by tens ofmillions ofAmerican
1 households.
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15 39 Plaintiffs’ copyrighted sound recordings and compositions have been an
16 integral part ofthe Show since the Show’s inception. The Show—which is a music
17 competition—relied on the use ofpopular musical compositions and recordings, many
18 ofwhich are owned or controlled by Plaintiffs. The Show routinely featured its
19 competitors performing Plaintiffs’ copyrighted works. In fact, Plaintiffs’ copyrighted
20 works accounted for the largest proportion ofmusic featured during Season 3 ofthe
21 Show and all ten episodes featured multiple ofPlaintiffs’ copyrighted works. In total,
22 at least 93 musical compositions and at least 115 sound recordings that were owned or
23 controlled by Plaintiffs were used during Season 3 ofthe Show. Plaintiffs’
24 copyrighted works are fundamental to the production and success ofthe Show.
25 40. Defendants sought and paid Plaintiffs for licenses in connection with the
26 numerous copyrighted or otherwise protected compositions and recordings that
27 Defendants utilized during Seasons 1 and 2 ofthe Show.
28 ///
8
COMPLAiNT
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Case 2:14-cv-06613-AB-CW Document 1 Filed 08/22/14 Page 10 of 37 Page ID #:26
1 41. However, Defendants failed to obtain licenses for over 200 ofPlaintiffs’
2 sound recordings and musical compositions that Defendants utilized during Season 3
ofthe Show.
42. Defendants’ unauthorized reproduction, adaptation, distribution, public
performance, and display ofPlaintiffs’ copyrighted and otherwise protected sound
6 recordings and musical compositions in connection with Season 3 ofthe Show, was a
violation ofthe copyright laws.
8 FIRST CAUSE OFACTION
(Copyright Infringement Sound Recordings)
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10 (By the Record Company Plaintiffs Against All Defendants)
11 43. The Record Company Plaintiffs incorporate by this reference each and
12 every averment contained in paragraphs 1 through 42 inclusive.
13 44. The Record Company Plaintiffs own or control the exclusive rights to the
copyrights in the sound recordings listed in Exhibit A, among many other sound
g 15 recordings that the Record Company Plaintiffs own.
16 45. In accordance with the Copyright Act, the Record Company Plaintiffs,
17 their predecessors in interest, or their licensors, have registered the copyrights to the
18 sound recordings listed in Exhibit A with the Copyright Office ofthe United States,
19 or have applied for such registration prior to filing suit.
20 46. Defendants have infringed the Record Company Plaintiffs’ copyrights by
21 reproducing, adapting, distributing, and publicly performing and displaying their
22 copyrighted recordings without authorization in violation ofthe Record Company
23 Plaintiffs’ exclusive rights pursuant to the Copyright Act, 17 U.S.C. § 106 and 501.
24 See Exhibit A. Additionally, upon information and belief, Defendants have
25 reproduced, adapted, distributed, and publicly performed and displayed additional
26 sound recordings without the Record Company Plaintiffs’ authorization and the
27 Record Company Plaintiffs reserve the right to amend the Complaint to add additional
28 claims.
9
COMPLAINT
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