Case 2:19-cv-06430-FMO-RAO Document 1 Filed 07/24/19 Page 1 of 7 Page ID #:1

1 MICHAEL R. SHAPIRO, ESQ. (SBN 37011)

LAW OFFICES OF MICHAEL R. SHAPIRO,
2 11500 W. OLYMPIC BLVD. SUITE 400
Los Angeles, CA 90064
3 Tel.: (310) 472-8900
Fax: (310) 472-4600
4 Email: [email protected]

5
6 Attorneys for Plaintiff, THE MUSIC FORCE, LLC

7
UNITED STATES DISTRICT COURT
8
CENTRAL DISTRICT OF CALIFORNIA—WESTERN DIVISION
9
10
THE MUSIC FORCE, LLC
11 Case No.

12 Plaintiff,
v. COMPLAINT FOR COPYRIGHT
13 INFRINGEMENT
SONY MUSIC HOLDINGS INC, SONY
14 MUSIC ENTERTAINMENT DIGITAL 1. Copyright Infringement
LLC, SONY MUSIC ENTERTAINMENT 2. Declaratory Relief
15 3. Accounting
DOWNLOADS LLC, SONY 4. Unjust enrichment
16 CORPORATION OF AMERICA,
(“SONY”); MONTERO LAMAR HILL, DEMAND FOR JURY TRIAL
17 AKA LIL NAS X, (“X”); JEFFRY
MAXWELL NEWLIN, AKA
18 WYNTERBEATS, (“BEATS”)
and Does 1 -100,
19
20 Defendants.

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27 Plaintiff THE MUSIC FORCE, LLC (sometimes referred to as "TMF" or "Plaintiff")
28 submits this Complaint and alleges, upon information and belief, as follows:

1
COMPLAINT
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1 JURISDICTION AND VENUE

2 1. This action arises under the Unites States Copyright Act, 17 U.S.C. section 101 et seq.
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2. This Court has exclusive jurisdiction over this action under 28 U.S.C. sections 1331 and
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1338 in that this action involves claims arising under the Copyright Act.
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3. The Court has personal jurisdiction under the Defendants and each of them as they
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7 regularly transact and solicit business in the State of California.

8 4. Venue is this District is proper under 38 U.S.C. because Defendants are subject to personal

9 jurisdiction in this District.

10 PARTIES
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5. Plaintiff TMF is a Tennessee LLC with its principal place of business being 4747 Purdue
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Street, Culver City within Los Angeles County.
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6. Defendants X and BEATS, and Does 1-10 regularly conduct business in Los Angeles
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15 County including filming promotional music videos in Los Angeles ,California.

16 7. Defendant SONY conducts its business at its address of 10202 Washington Blvd., Culver

17 City within the County of Los Angeles, within the jurisdiction of this Court and District.
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8. Plaintiff TMF does not know the identity of other responsible parties in this action and
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therefore Defendants sued herein as Does 1-100 inclusive and therefore sue these
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Defendants by their fictitious names. Plaintiff will seek leave of Court to amend the
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Complaint to reflect the true names and capacities of said Does 1-10, inclusive when these
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23 have been ascertained. Plaintiff is informed and believes that said fictitiously named

24 Defendants, and each of them, were responsible in some manner for the harm sustained by
25 Plaintiff as set forth herein.
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9. Plaintiff TMF alleges that each Defendant was the agent, principal and/or employee of each
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other in the acts, conduct and omissions alleged herein and therefore incurred liability to
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2
COMPLAINT
Case 2:19-cv-06430-FMO-RAO Document 1 Filed 07/24/19 Page 3 of 7 Page ID #:3

1 Plaintiff TMF for all such acts and/or omissions. Plaintiff further alleges that all such
2 Defendants were acting within the course and scope of their employment and/or said
3
agency.
4
FACTS COMMON TO ALL COUNTS
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10. TMF owns all rights of a composition entitled CARRY ON written by Bobby Caldwell.
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7 Attached hereto and marked as EXHIBIT “A” is a true and accurate copy of both

8 CERTIFICATE OF COPYRIGHT REGISTRATION dated January 19, 1982 and

9 CERTIFICATE OF SUPPLEMENTAL COPYRIGHT REGISTRATION dated

10 December 19, 1983 evidencing these rights.
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11. Without consent, license or approval as required by the COPYRIGHT Law, defendants X
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and BEATS and Does 1-20 appropriated parts of CARRY ON in the creation of a new
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song/recording entitled “CARRY ON”.
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15 12. Motivated by greed and malicious intent, said Defendants X and BEATS posted this

16 recording of “CARRY ON” containing the property of TMF on various platforms

17 including YOUTUBE with 3,892,783 views as of July 2, 2019 and on streaming platforms
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such as Spotify and Sound Cloud. Another version posted on YOUTUBE from THE
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SIMPSONS also contained the infringed version of TMF's copyright protected version of
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CARRY ON and garnered 133,170 views. Our research indicates that as of today,
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22 Tuesday, July 23, 2019, there are over 85 new illegal versions on YOUTUBE.

23 13. SONY on or about June, 2019 acquired all rights to services of and recordings of X

24 produced by BEATS . As SONY so acquired these rights and the services of X, SONY
25 knew or should have known (normal Due Diligence process) to make sure that all elements
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of CARRY ON had been cleared. Recognizing that the trajectory of
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this artist's, X, public acceptance was on a pathway to becoming a number one hit
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3
COMPLAINT
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1 globally, SONY took no action to abate the mounting damages to TMF as the value of
2
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CARRY ON was being dissipated by this unauthorized, infringing use.
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14. SONY elected to take no action to stop this illegal, unauthorized infringement as it was far
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more important to SONY to preserve its opportunity to enjoy millions of dollars of revenues
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7 from the success of the career of X.

8 15. To complicate the matter even further resulting in continuing damages to TMF was the fact

9 that others had and are retweeting or posting other versions of CARRY ON containing the
10 unauthorized use of TMF’s property. SONY has done nothing to halt all such infringing
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behavior.
12
FIRST CAUSE OF ACTION
13
COPYRIGHT INFRINGEMENT
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15 16. Plaintiff re-alleges herein by this reference each and every allegation contained in

16 paragraphs 1 through 15., inclusive, as though fully set forth herein.

17 17. TMF is the exclusive owner of the copyright in the CARRY ON composition and as such,
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has the exclusive rights under the Copyright Act, among other things, to reproduce,
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distribute, prepare derivative works from and otherwise exploit CARRY ON, and to allow
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or not allow third parties to exercise such rights.
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18. TMF never authorized X or BEATS and Does 1-20 or anyone working for them to use
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23 CARRY ON in any manner.

24 19. Despite the foregoing, X and BEATS and its successor in interest SONY and DOES 20-30
25 prepared their recording of CARRY ON using TMF's CARRY ON thereby infringing on the
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rights of TMF.
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20. X and BEATS and Does 1-20 infringement and the subsequent infringement by SONY and
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4
COMPLAINT
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1 DOES 20-30 under the Copyright Act was deliberate and willful.
2 21. By reason of Defendants X and BEATS and does 1-20 and Defendant SONY and does
3
20-30, TMF has sustained substantial injury, loss and damages in an amount to be
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determined at trial, and upon information and belief, said Defendants has derived income
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and profits to which said Defendants are not entitled.
6
7 SECOND CAUSE OF ACTION

8 DECLARARATION OF AUTTHORSHIP/OWNERSHIP

9 22. Plaintiff incorporated by this reference and realleges all proceeding paragraphs of this
10 Complaint.
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23. As delineated in this Complaint by all of said Defendants’ unauthorized use of TMF's
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CARRY ON in the creating of X and BEATS version of CARRY ON, we would ask this
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Court to determine that X and BEATS version is a joint work owned by said Defendants
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15 and TMF.

16 24. Plaintiff hereby requests that this Court declare that X and BEATS version is a derivative

17 work in which Plaintiff has an ownership interest.

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25. Plaintiff requests that all monies and credit that has thus far been denied to TMF, and the
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future, as a result of this unauthorized use of TMF’s Copyright protected property be
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awarded to Plaintiff.
21
22 THIRD CAUSE OF ACTION

23 ACCOUNTING

24 26. Plaintiff incorporates by reference and realleges the preceding paragraphs of this
25 Complaint.
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27. Because Defendants X, BEATS and does 1-20 and Defendants SONY and does 20-30, are
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currently in constructive and apparent possession of Plaintiff’s intellectual property and
28

5
COMPLAINT
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1 monies, they owe a fiduciary duty to Plaintiff.

2 28. Therefore Plaintiff demands an accounting of all monies all Defendants have received and
3
which Plaintiff are due but have not been paid as a result of the unauthorized of its
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aforesaid copyrighted work, CARRY ON.
5
FOURTH CAUSE OF ACTION
6
7 UNJUST ENRICHMENT

8 29. Plaintiff incorporates by reference and re-alleges the preceding paragraphs of this

9 Complaint.
10 30. All Defendants have profited off of the use of TMF’s property work, CARRY ON without
11
providing any credit, compensation, or obtaining authorization to exploit Plaintiff’s
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property.
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31. This is unjust and Plaintiff demands and requests a judgment requiring all Defendants to
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15 pay to Plaintiff all monies they have been unjustly enriched by.

16 PLAINTIFF DEMANDS TRIAL BY JURY

17 PRAYER FOR RELIEF
18
19 WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as follows:

20 1. For monetary damages, in an amount to be proven at trial, believed to be not less than
21 $10,000,000.00, inclusive of damages suffered due to the confusion in the marketplace
22
with two songs with the same title with the net effect of destroying completely the value of
23
TMF's property.
24
2. For prejudgment interest at the maximum legal rate;
25
26 3. For punitive and exemplary damages, in an amount to be proven at trial believed to be not

27 less than $15,000,000.00;

28 4. For restitution and accounting of all gains, profits and advantages obtained by Defendants,

6
COMPLAINT
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1 and each of them, as a result of their wrongful and unlawful conduct, in an amount to be
2 proven at trial;
3
5. For a Declaration that Plaintiff has an ownership interest in the infringed version of
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CARRY ON.
5
6. For costs and expenses, including attorneys' fees; and
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7 7. For such other and further relief as this Court deems proper.

8
9 Dated: July 24, 2019
10
LAW OFFICES OF MICHAEL R. SHAPIRO
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12
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14
15 By:~
i

16 Michael R. Shapiro

17 Attorney for Plaintiff TMF

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7
COMPLAINT