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Broadcast Music, Inc. Et Al v. S3 Holdings Co. LLC Et Al

Broadcast Music, Inc. Et Al v. S3 Holdings Co. LLC Et Al

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Published by Kenan Farrell
Oregon District Court copyright complaint
Oregon District Court copyright complaint

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Categories:Types, Business/Law
Published by: Kenan Farrell on Apr 23, 2013
Copyright:Attribution Non-commercial

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09/23/2013

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Bullivant|Houser|Bailey PC
 300 Pioneer Tower888 SW Fifth AvenuePortland, Oregon 97204-2089Telephone: 503.228.6351
COMPLAINTPage 1
 
Loren D. Podwill
, OSB #843241E-Mail: loren.podwill@bullivant.com
Laura Caldera Taylor
, OSB #993786E-Mail: laura.taylor@bullivant.com
 
BULLIVANT HOUSER BAILEY PC300 Pioneer Tower888 SW Fifth AvenuePortland, Oregon 97204-2089Telephone: 503.228.6351Facsimile: 503.295.0915Attornes for PlaintiffsUNITED STATES DISTRICT COURTDISTRICT OF OREGONEUGENE DIVISIONBROADCAST MUSIC, INC.; MJPUBLISHING TRUST, dba MIJACMUSIC; HOUSE OF CASH, INC.;SONY/ATV SONGS LLC, dba SONY/ATVTREE PUBLISHING; SONY/ATV SONGSLLC, dba SONY/ATV ACUFF ROSEMUSIC; COBURN MUSIC, INC.;WARNER-TAMERLANE PUBLISHINGCORP.,Plaintiffs,v.S3 HOLDINGS CO. LLC, dba WHISKEYRIVER RANCH; and BRAD STEFFEY,individually,Defendants.Civil No.: 6:13-cv-674
COMPLAINT
Plaintiffs, by their attorneys, for their Complaint against Defendants, allege as follows
Case 6:13-cv-00674-AA Document 1 Filed 04/22/13 Page 1 of 6 Page ID#: 1
 
Bullivant|Houser|Bailey PC
 300 Pioneer Tower888 SW Fifth AvenuePortland, Oregon 97204-2089Telephone: 503.228.6351
COMPLAINTPage 2
 
(on knowledge as to Plaintiffs; otherwise on information and belief):
JURISDICTION AND VENUE
1. This is a suit for copyright infringement under the United States Copyright Actof 1976, as amended, 17 U.S.C. Sections 101 et seq. (the "Copyright Act"). This Court has jurisdiction pursuant to 28 U.S.C. Section 1338(a).2. Venue is proper in this judicial district pursuant to 28 U.S.C. Section 1400(a).
THE PARTIES
3. Plaintiff Broadcast Music, Inc. ("BMI") is a corporation organized andexisting under the laws of the State of New York. BMI's principal place of business is 7World Trade Center, 250 Greenwich Street, New York, New York 10007. BMI has beengranted the right to license the public performance rights in approximately 7.5 millioncopyrighted musical compositions (the "BMI Repertoire"), including those which are allegedherein to have been infringed.4. The Plaintiffs other than BMI are the owners of the copyrights in the musicalcompositions, which are the subject of this lawsuit. All Plaintiffs are joined pursuant to Fed.R. Civ. P. 17(a) and 19(a).5. Plaintiff MJ Publishing Trust is a trust d/b/a Mijac Music. This Plaintiff is thecopyright owner of at least one of the songs in this matter.6. Plaintiff House of Cash, Inc. is a corporation. This Plaintiff is the copyrightowner of at least one of the songs in this matter.7. Plaintiff Sony/ATV Songs LLC is a limited liability company d/b/a Sony/ATVTree Publishing. This Plaintiff is the copyright owner of at least one of the songs in thismatter.
Case 6:13-cv-00674-AA Document 1 Filed 04/22/13 Page 2 of 6 Page ID#: 2
 
Bullivant|Houser|Bailey PC
 300 Pioneer Tower888 SW Fifth AvenuePortland, Oregon 97204-2089Telephone: 503.228.6351
COMPLAINTPage 3
 
8. Plaintiff Sony/ATV Songs LLC is a limited liability company d/b/a Sony/ATVAcuff Rose Music. This Plaintiff is the copyright owner of at least one of the songs in thismatter.9. Plaintiff Coburn Music, Inc. is a corporation. This Plaintiff is the copyrightowner of at least one of the songs in this matter.10. Plaintiff Warner-Tamerlane Publishing Corp. is a corporation. This Plaintiff isthe copyright owner of at least one of the songs in this matter.11. Defendant S3 Holdings Co. LLC is a limited liability company organized andexisting under the laws of the state of Oregon, which operates, maintains and controls anestablishment known as Whiskey River Ranch, located at 4740 Main Street, Springfield, OR97478, in this district (the “Establishment”).12. In connection with the operation of the Establishment, Defendant S3 HoldingsCo. LLC publicly performs musical compositions and/or causes musical compositions to bepublicly performed.13. Defendant S3 Holdings Co. LLC has a direct financial interest in theEstablishment.14. Defendant Brad Steffey is a member of Defendant S3 Holdings Co. LLC withprimary responsibility for the operation and management of that limited liability companyand the Establishment.15. Defendant Brad Steffey has the right and ability to supervise the activities of Defendant S3 Holdings Co. LLC and a direct financial interest in that limited liabilitycompany and the Establishment.
Case 6:13-cv-00674-AA Document 1 Filed 04/22/13 Page 3 of 6 Page ID#: 3

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