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Warner Bros. Complaint

Warner Bros. Complaint

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Published by kmrayburn

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Published by: kmrayburn on Jul 15, 2010
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02/11/2013

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DAVID A. STEINBERG (SBN 130593)
das msk.corn
MA C E. MAYER (SBN 190969)
mem msk.com
 
MIT LL SILBERBERG & KNUPP LLP
11377 West Olympic BoulevardLos Angeles, California 90064-1683Telephone: (310) 312-2000Facsimile: (310) 312-3100
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIAWARNER BROS. RECORDS INC., a
Delaware Corporation,
ELEKTRA
ENTERTAINMENT GR
UP INC, a
Delaware Corporation; ATLANTICRECORDING CORPORATION., aDelaware Corporation; BAD BOYRECORDS LLC, a DelawareCorporation; ASYLUM RECORDSLLC, a Delaware Corporation; TOMMYBOY MUSIC, INC., a New York
Corporation; RHINO
ENTERTAINMENT COMPANY, aDelaware Corporation; WB MUSICCORP., a California Corporation;WARNER-TAMERLANEPUBLISHING CORP., a CaliforniaCorporation; UNICHAPPELL MUSICINC., a Delaware Corporation; andW.B.M. MUSIC CORP., a DelawareCorporation,
Plaintiffs,
v.
RK NETMEDIA, INC., a Floridacorporation
.
REALITYKINGS.COM
, an
entity of unknown form; and
DOES 1-10
Defendants.
cUltID 4991
CB
M OEMx)
COMPLAINT FOR COPYRIGHTINFRINGEMENTDEMAND FOR JURY TRIAL
Mitchell
28
Silberberg &
Knupp
LLP
2762937.1
C
ompla
in
t
Case 2:10-cv-04991-CBM -JEM Document 1 Filed 07/07/10 Page 1 of 44 Page ID #:1
 
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Mitchell
28
S ilberberg &
Knupp
LLP
2762937.1
Plaintiffs Warner Bros. Records Inc., Elektra Entertainment Group Inc.
Atlantic Recording Corporation, Bad Boy Records LLC, Asylum Records LLC,Tommy Boy Music, Inc., Rhino Entertainment Company, WB Music Corp.,Warner-Tamerlane Publishing Corp., Unichappell Music Inc., and W.B.M. Music
Corp., (collectively "Plaintiffs") aver as follows:
PRELIMINARY STATEMENT
1.
Plaintiffs are record companies and music publishing companies
affiliated with Warner Music Group Corp. Collectively, Plaintiffs own and/or
administer some of the most popular sound recordings and musical compositions inthe world, including sound recordings by Madonna, Flo Rida, Gnarls Barkley,Sean Paul, and Red Hot Chili Peppers, and musical compositions written or co-written by Michael Jackson, T.I., Katy Perry, Timbaland, Dr. Dre, and Lil Wayne.
By this action, Plaintiffs seek to put an immediate stop to, and seek redress for,
Defendants' deliberate and brazen exploitation of Plaintiffs' sound recordings andmusical compositions in hundreds of extreme hardcore pornographic videos,
without any consent or authorization from Plaintiffs.
2.
In no uncertain terms, Defendants' are engaged in copyrightinfringement of the most blatant and offensive kind. Defendants own and operate
a network of subscription-based Internet websites that make millions of dollarsfrom performing and distributing to their members (who pay a monthly fee to
watch and download these videos) an ever-growing library of explicitpornographic videos. Defendants also license their videos to satellite television
broadcasters such as Dish Network and DirecTV, which in turn broadcast them to
millions of subscribers. Defendants know that major record labels, recording
artists, and music publishers do not license their works for use in such
2
Complaint
Case 2:10-cv-04991-CBM -JEM Document 1 Filed 07/07/10 Page 2 of 44 Page ID #:2
 
pornographic content, especially the type of extreme, sexually explicit videos that
Defendants produce and distribute. So, Defendants simply stole these sound
recordings and musical compositions, synchronizing Plaintiffs' works more than500 times into the soundtrack of their pornographic videos without license or
consent from Plaintiffs, apparently hoping that their conduct would go unnoticed.
3.Defendants' use of Plaintiffs' sound recordings and musicalcompositions is no accident. Each of Plaintiffs' works is featured prominently, in
the foreground of the video, and serves as a focal point for the visual content.
Moreover, Defendants not only incorporated Plaintiffs' works into their videos, butthen used them to draw an audience to their website and to advertise and promotethe videos, including by naming the videos after popular songs (e.g., "Bring SexyBack," containing the song "Sexyback"), encouraging their performers to lip-synchthe lyrics to Plaintiffs' recordings while engaged in sexual acts on-camera, andusing certain recordings to highlight certain sexual activities (e.g., Katy Perry's hit
song "I Kissed a Girl").
4.
Defendants also know that their conduct violates Plaintiffs' exclusiverights, and thus constitutes copyright infringement. Defendants are sophisticated
companies that go to great lengths to protect their own copyrights, including by
registering their own copyrights, placing copyright notices and warnings on their
websites, sending take-down notices and demand letters to websites that infringetheir content, and designating an agent for service of infringement notices with the
U.S. Copyright Office. Moreover, Defendants apparently are well aware that theymay not use music without a license, and thus edit out Plaintiffs' works from the"preview" videos that they make available for free to non-members. And,ironically, while infringing hundreds of Plaintiffs' sound recordings and musical
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Mitchell
28
Silberberg &
Krupp
LLP
2762937.1
3
Complaint
Case 2:10-cv-04991-CBM -JEM Document 1 Filed 07/07/10 Page 3 of 44 Page ID #:3

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