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UNITED STATES DISTRICT COURT DISTRICT OF PUERTO RICO CIVIL ACTION NO.: ANGEL MARTINEZ ALICEA (p/k/a RUF EL FANTAZTIKO), REYNALDO COLON VEGA (p/k/a LIMITS), RAUL RIVERA ROLDAN (p/k/a THILO), AND FREDDY MONTALVO, ) ) ) ) ) ) ) ) Plaintiffs ) ) v. ) ) LTS BENJAMIN RECORDS, INC., ) FRANCISCO SALDANA (p/k/a LUNY), ) VICTOR CABRERA (p/k/a TUNES), ) MACHETE MUSIC, EMI MUSIC ) PUBLISHING, UMG RECORDINGS, INC.,) RAMON AYALA pka DADDY YANKEE ) LOS CANGRIS PUBLISHING, ) WHITE KRAFT MUSIC PUBLISHING, ) EL CARTEL RECORDS ) UNIVERSAL MUSIC PUBLISHING ) GROUP ) Defendants

AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL

The Plaintiffs, Angel Martinez Alicea (p/k/a Ruf El Fantaztiko), Reynaldo Colon Vega (p/k/a Limits), Raul Roldan Rivera (p/k/a/Thilo), and Freddy Montalvo (collectively (Plainitiffs), by and through their attorney, for their complaint, allege, upon knowledge and upon information and belief, the following against defendants, LTS Benjamin Records, Inc., Francisco Saldana (p/k/a Luny), Victor Cabrera (p/k/a Tunes), Machete Music Inc., UMG Recordings, Inc., EMI Music Publishing, White Kraft Publishing, El Cartel Records, Los

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Cangris Publishing, Universal Music Publishing Group, Ramon Ayala (pka Daddy Yankee) (collectively, Defendants):

NATURE OF THE ACTION

This is a civil action for breach of contract, fraudulent inducement of services, unjust enrichment, false designation of origin under the Lanham Act, copyright infringement, and an action for declaratory judgment under Rule 57 of the Federal Rules of Civil Procedure.

NATURE OF THE ACTION 1. Among other relief, plaintiffs seek a declaration of joint authorship and an accounting of all relevant sales on behalf of Plaintiffs, the authors, creators, composers, producers, arrangers, performers and copyright owners of original musical compositions entitled, MSN, Ella Me Amo, Carita Bonita, La Carta, Dimelo, Al Desnudo, and Te Hice Volar, which were included as musical tracks on the album entitled, Luny Tunes Presents: Erre XI and the musical composition entitled Salgo Pa La Calle (the Daddy Yankee Composition), which was included as musical track number seven (7) on the album entitled, Talento De Barrio and in the film also entitled, Talento De Barrio. 2. Defendants, jointly and/or severally, willfully and intentionally: (i) manufactured,

distributed, used, commercialized, sold and otherwise exploited the Musical Works, containing the original underlying musical compositions, including, but not limited to those compositions contained in Talento de Barrio and Erre XI (the Original Compositions) of the Plaintiffs without acknowledging joint ownership; (ii) falsely identified themselves as the sole authors, creators, composers, producers, arrangers, performers and copyright owners of the Original Compositions; (iii) induced and/or caused various third parties, including, but not limited to, various radio stations and theatrical outlets to broadcast, publicly perform and 2

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otherwise exploit the Joint Musical Works throughout the United States and overseas and has failed to disclose and pay to plaintiffs their rightful share, (iv) unlawfully profited from the authorized and unauthorized manufacturing, distribution, use, commercialization, sale, broadcasting, public performance and other exploitation of the Musical Works, containing the Original Compositions; and (v) deprived the Plaintiffs of substantial income, proceeds, fees, royalties and other remuneration directly and/or indirectly related to the distribution, use, commercialization, sale, broadcasting, public performance, licensing and other exploitation of the Musical Works, containing the Original Compositions. 3. By this action, Plaintiffs seek a declaration from this Court that each is an author,

creator, composer, producer, arranger, performer and co-owner of copyright in the Original Compositions; and that Defendants: (i) knowingly, willfully and intentionally failed to acknowledge join authorship of said works, infringed Plaintiffs copyrights and exclusive rights in and relating to the Original Compositions in violation of the Copyright Act, 17 U.S.C. 106, 115 and 501; (ii) induced, caused and/or materially contributed to the infringement of Plaintiffs copyrights and exclusive rights in and relating to the Original Compositions by others in violation of the Copyright Act, 17 U.S.C. 101 et seq. (iii) fraudulently induced Plaintiffs to create, author, produce, arrange, and perform the Original Compositions; (iv) were unjustly enriched by the services performed by the Plaintiffs in creating, authoring, producing, arranging and performing the Original Compositions; (v) deprived Plaintiffs of substantial income, proceeds, fees, royalties and other remuneration, directly and/or indirectly related to Defendants distribution, use, commercialization, sale, broadcasting, public performance, licensing and other exploitation of the Musical Works, containing the Original Compositions. (vi). Failed to properly administer and collect plaintiffs royalties. 4. Raul Roldan Rivera/pka Thilo is a world renowned producer/engineer/artist of reggaeton music and has authored/jointly authored many successful musical compositions including Adictos, Bailadome, Carita Bonita, Carita Bonita Reggaeton Club Mix, Cuernos, Ella, Fiera Callada, Hay de Sobra, Intro, MIA, Mira La Bien, No Te Obligo, Caile, Paleta, Reggaeton, Say It, Suave El Oido, Te Hice Volar, Vamos a Ver, Yamileth Beat , Dimelo, La Carta, Ella Me Amo, MSN, and Al Desnudo. Defendants, LTs Benjamin 3

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Records, Saldana, Cabrera, UMG Recordings/Machete, White Kraft Music Publishing, Universal Music Publishing Group, and EMI all participated in the distribution of said works, and the collection and administration of royalties and are contractually bound to Thilo for payment of said royalties. To date, Thilo has been paid some royalties for the performance of said works but has not been paid for most of the royalties due from performance, distribution and sales of said musical compositions.

5.

By this action, Plaintiffs demand an accounting of and payment for all income due

from profits and/or royalties generated by the distribution, sale, use, commercialization, public performance and other exploitation of the Original Compositions, via the exploitation of the Musical Works authored, sold, or distributed by the Defendants. JURISDICTION AND VENUE

6.

This Court has jurisdiction over the parties and subject matter of this action

pursuant to 28 U.S.C. 1331 and 1338 (copyright), 17 U.S.C. 101 et seq.

7.

Venue is appropriate in this district pursuant to 28 U.S.C. 1391 (b) as a

substantial portion of the events or omissions giving rise to the Plaintiffs causes of action occurred in this district and/or the Defendants transact business in this judicial district.

PARTIES 8. Plaintiff, Angel Martinez Alicea (p/k/a Ruf El Fantaztiko), is a known and

talented producer, composer, arranger, author and performer of musical compositions and beats in the musical genre known as reggaeton. Mr. Alicea is a copyright owner, producer, composer and arranger of the Original Compositions. Portions of his musical compositions and beats were used and incorporated into the Infringing Musical Works. Mr. Alicea signed an Exclusive Management Agreement and Exclusive Producer Agreement with Mas Flow, 4

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Inc. and LTs Benjamin Records Inc as its successor in interest. Mr. Alicea resides in Springfield, Hampden County, Massachusetts. 9. Plaintiff, Reynaldo Colon Vega (p/k/a Limits), is a known and talented composer,

arranger, author and performer of musical compositions and beats in the musical genre known as reggaeton. Mr. Vega is a copyright owner and performer of the Original Compositions, including, but not limited to Salgo Pa La Calle. 10. Plaintiff, Freddy Montalvo is a known and talented producer, composer, arranger,

author and performer of musical compositions and beats in the musical genre known as reggaeton. Mr. Montalvo is a copyright owner and performer of the Original Compositions. 11. Raul Roldan Rivera (p/k/a/Thilo), is a resident of Rio Grande, Puerto Rico. Mr.

Rivera is a known and talented producer, composer, arranger, author and performer of musical compositions and beats in the musical genre known as reggaeton. Mr. Rivera is a author, copyright owner and performer of the Original Compositions. 12. Defendant, LTs Benjamin Records, Inc., is a corporation duly organized and

existing under the laws of the Commonwealth of Puerto Rico, with its principal place of business in Carolina, Puerto Rico. The company is a successor in interest of Mas Flow Inc. an independent record label founded by Defendants, Francisco Saldana (p/k/a Luny) and Victor Cabrera (p/k/a Tunes). Upon information and belief, LTs Benjamin Records, Inc. either claims a copyright interest in the Musical Works, or has exercised rights of a copyright owner of the Musical works. Upon information and belief, LTs Benjamin Records has materially breached its contractual obligations to the Plaintiffs. 13. Defendant, Francisco Saldana (p/k/a Luny) is a successful and well-known

producer of reggaeton music and a member of the production duo known as, Luny Tunes. Mr. Saldana is a co-founder of the record label Mas Flow, Inc. and its successor in interest, LTs Benjamin Records, Inc. On the album, Luny Tunes Presents: Erre XI, Mr. Saldana, as part of the production duo, Luny Tunes, claims credit as an Executive Producer. Upon information and believe, as an executive producer, Mr. Saldana was responsible for the business side of production, distribution and promotion of the album, along with providing artistic input as to which songs were placed in the final cut of the recording. Upon information and belief, Mr. Saldana either claims sole copyright interest in the Musical 5

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Works, or has exercised rights of a copyright owner of the Musical works referenced in this complaint. 14. Defendant, Victor Cabrera (p/k/a Tunes) is a successful and well-known producer

of reggaeton music and a member of the production duo known as, Luny Tunes. Mr. Cabrera is a co-founder of the record label Mas Flow, Inc. and its successor in interest, LTs Benjamin Records, Inc. On the album, Luny Tunes Presents: Erre IX, Mr. Cabrera, as part of the production duo, Luny Tunes, claims credit as an Executive Producer. Upon information and believe, as an executive producer, Mr. Cabrera was responsible for the business side of production, distribution and promotion of the album, along with providing artistic input as to which songs were placed in the final cut of the recording. Upon information and belief, Mr. Cabrera either claims a copyright interest in the Musical Works, or has exercised rights of a copyright owner of the Musical works referenced in this complaint. 15. Defendant, UMG Recordings, Inc. (UMG) is a corporation duly organized and

existing under the laws of the State of Delaware, with its principal place of business in the State of California. Upon information and belief, UMG directly or indirectly created, manufactured, distributed, used, commercialized, sold and otherwise exploited the Musical Works, containing the Original Compositions. Machete Music is a division of defendant, UMG. Defendant Universal Music Publishing Group is a music publisher that is in the business of licensing and publishing musical compositions and has a usual place of business in Santa Monica, California. 16. Defendant, White Kraft Publishing is a New Jersey Corporation with offices in

Wayne, NJ, and is the publishing company for Luny and L.T.s Benjamin Records, and purportedly for Thilo. EMI is a foreign corporation doing business in New York City with a usual place of business at 75 Ninth Ave, NY, NY. EMI administers and collects music royalties. 17. Defendant, Ramon Ayala pka Daddy Yankee is a world renowned reggaeton artist

who, on or about August 12, 2008 released an album entitled Talento de Barrio, which included the song Salgo Pa La Calle

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18. Upon information and belief, defendant El Cartel Records (hereinafter El Cartel), is a corporation organized and existing under the laws of the Commonwealth of Puerto Rico with its principal place of business located at Calle Yaboa Real #874 Urb, Country Club., San Juan, Puerto Rico 00924. El Cartel is in the business of producing, recording, manufacturing, distributing and selling musical albums worldwide. El Cartel is the company responsible for producing, recording, manufacturing, distributing, selling, exploiting and licensing the Talento De Barrio albums which feature the Salgo Pa La Calle musical recording. 19. Upon information and belief, defendant Los Cangris Publishing. (hereinafter Los Cangris), is a corporation organized and existing under the laws of the Commonwealth of Puerto Rico with its principal place of business located at Calle Yaboa Real #874 Urb, Country Club., San Juan, Puerto Rico 00924. Los Cangris is a music publisher that is in the business of licensing and publishing musical compositions.

STATEMENT OF FACTS I. Plaintiffs Create the Compositions, Produce and Record Masters 20. Plaintiffs repeat the allegations contained in paragraphs 1 through 19 and, by this

reference, incorporate them herein. 21. From approximately 2004-2008, plaintiff, Thilo jointly authored the musical

compositions listed above with various artists and producers in Puerto Rico, including, but not limited to Wisin Y Yandel, Tito El Bambino, and Luny/Tunes. Upon information and belief, Thilo contracted with UMG recordings, Inc., EMI, and White Kraft Publishing to distribute and administer/collect his royalties, mechanical and otherwise.

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22.

Upon information and belief, said works were distributed and sold or otherwise

exploited which brought income to the defendants. Although Thilo has been paid some of his royalties, the bulk of said royalties have not been paid to Thilo. 23. Thilo has made concerted efforts to determine the source and amount of royalty

payments made to date. However, all of the defendants have failed or refused to provide said information, including, but not limited to royalty payments due or paid, the ownership and/or filing of copyrights with regard to said musical compositions. Thilo has contractual relations with UMG Recordings, Inc., EMI Music Publishing, Machete, LTs Benjamin Records, and White Kraft Music Publishing, and Universal Music Publishing Group, and is owed payments for royalties from the defendants from the distribution and/or sale of the musical compositions listed herein. Thilo is also the author/composer of the works contained in Erre XI and is owed royalties from the defendants who have contractual relations with Thilo, and to the extent they do not, have claimed sole copyright ownership of those works despite Thilo having joint ownership/authorship of same. 24. The plaintiffs, Montalvo, Alicea, and Vega, from Spring 2007 through the fall of

2007 produced, composed and recorded the musical compositions listed above, including, but not limited to the songs contained in Erre XI and Salgo Pa La Calle. Plaintiffs worked diligently and composed, authored, created, produced and performed between 30 and 40 musical works, including, but not limited to the above-referenced works. 25. While in P.R. for this period of time the Plaintiffs, who were working with

Saldana were provided with sub-standard accommodations, living in a portion of Defendant, one room, Francisco Saldanas (p/k/a Luny) house, without furniture, sleeping on the floor. 26. 27. The room is now referred to as the Luny Bin. By the end of the time period, the Plaintiffs Rivera, Montalvo, Alicea, and Vega

delivered to Luny Tunes the compositions for the album Erre XI. These included the song, Salgo Pa La Calle, which featured an artist Randy. The compositions, including, but not limited to Salgo Pa La Calle and La Carta MSN, Ella Me Amo, Carita Bonita, Dimelo, Al Desnudo, and Te Hice Volar, were, as represented by defendants and

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understood by plaintiffs, to be a part of the plaintiffs album. The defendants then used said compositions for their sole benefit and the benefit of others, claiming sole authorship. 28. To date, and despite Plaintiffs requests, Defendants, including but not limited to

LTs Benjamin Records, Francisco Saldana (p/k/a Luny) and Victor Cabrera (p/k/a Tunes), UMG/Machete,Universal Music Publishing Group, and EMI have failed to pay to Plaintiffs the agreed to advances, fees, royalty payments, and mechanical royalties in connection with net sales of albums, Luny Tunes Presents: Erre XI and Talento de Barrio, the two albums on which the Original Compositions, beats and performances were incorporated. Moreover, defendants have failed to pay Thilo most of the royalties due him for the Erre XI works, and the other above mentioned musical compositions. Moreover, Saldana, Ayala, Los Cangris and El Cartel have failed or refused to pay plaintiffs for monies due them from the sale/distribution of Salgo Pa La Calle despite demand for same. II. Defendants Conduct

29. Defendants, LTs Benjamin Records, Francisco Saldana (p/k/a Luny), Victor Cabrera (p/k/a Tunes), Machete/UMG, Ayala, and El Cartel commercially released and distributed the Musical Works. 30. Defendants knowingly, willfully, and intentionally caused third parties including, but not limited to, various television, radio stations to broadcast, to publicly perform and otherwise exploit the Original Compositions through the Infringing Musical Works, throughout the United States and overseas.

31.

Defendants falsely and fraudulently attributed sole authorship of the Musical

Works to themselves by identifying themselves as the sole writers, producers and performers of the Original Compositions contained in the Musical Works. 32. Defendants have failed and/or refused to pay plaintiffs their royalties due them.

Moreover, EMI and UMG Recordings, Machete have distributed and or sold most of the musical compositions listed above. EMI Music Publishing is the administrator of most of the 9

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musical works listed above, and is responsible for the collection and payment of plaintiffs income/royalties. To date plaintiffs have not been paid their royalties due them. EMI, their agents, servants, and or employees, have failed to account for said distribution/collection of royalties to Thilo, his agents, servants, and has refused to provide an accounting fore same.

STATEMENT OF CLAIMS

Count I DECLARATORY JUDGEMENT INVOLVING COPYRIGHT 33. All preceding allegations are incorporated and re-alleged herein. 34. Plaintiff seeks a declaratory judgment to the effect that are the co-authors and coowner to the compositions and the sound recordings listed above, including, but not limited to the songs which are featured in the albums Erre XI, and Talento De Barrio and to which Daddy Yankee, Saldana and the other defendants claim to be their sole proprietor and original authors. 35. Plaintiff seeks a declaratory judgment to the effect that plaintiffs individual contributions to the musical composition and sound recordings, which were intentionally created in conjunction with Defendants, are wholly original creations, which made these works into joint works and are copyrightable subject matter under the laws of the United States.

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DISGORGEMENT OF FUNDS 36. All preceding allegations are incorporated and re-alleged herein. 37. Defendants have collected monies from, among others, the sale, licensing, performance, reproduction and distribution of the musical compositions and sound recording works as included in the phonorecords and/or compact discs and any other compilations they have produced, manufactured, distributed and/or sold and the use of such works in digital /e-mobile/synchronizations formats, use in ad campaigns and any other use that contain Plaintiffs works. 38. Plaintiffs demand that defendants be ordered to disgorge and account to Plaintiff, all monies received in relation to the musical compositions and sound recording works as included in the phonorecords and/or compact discs and any other compilations they have produced, manufactured, distributed and/or sold that contain Plaintiffs works. As a result of the Defendants actions, the Defendants are liable to Plaintiffs for the total amount of income, monies, royalties and other remuneration Plaintiffs are reasonably entitled to receive, as a result of Plaintiffs creating, composing, arranging, authoring, producing and/or performing the Original Compositions embodied in the Musical Works, in an amount to be established at trial, but are in no event less than $500,000.00 (FIVE HUNDRED THOUSAND DOLLARS)

Count II

UNJUST ENRICHMENT 39. All preceding allegations are incorporated and re-alleged herein. 11

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40. Defendants have unlawfully, willfully, fraudulently, illegally and without the consent and/or authorization of Plaintiffs, who are co-authors of the musical compositions and sound recordings, been manufacturing, distributing, selling, advertising, marketing and exploiting, the albums featuring the aforementioned works. 41. Defendants have unlawfully, willfully, fraudulently and illegally not provided Plaintiffs all revenues statements, reports and/or pertinent royalty payments for the use, administration, and/or exploitation of the aforementioned works. 42. By reason of all of Defendants acts as alleged above, defendants have unjustly enriched themselves and Plaintiff is entitled to just compensation therefore. As a result of the Defendants actions, the Defendants are liable to Plaintiffs for the total amount of income, monies, royalties and other remuneration Plaintiffs are reasonably entitled to receive, as a result of Plaintiffs creating, composing, arranging, authoring, producing and/or performing the Original Compositions embodied in the Musical Works, in an amount to be established at trial, but are in no event less than $500,000.00 (FIVE HUNDRED THOUSAND DOLLARS)

Count III Direct Copyright Infringement 43. Plaintiffs repeat the allegations contained in paragraphs 1 through 42, and by reference, incorporate them herein. 44. Defendants, UMG/Machete, LTs Benjamin Records, Saldana and Cabrera,

Daddy Yankee, El Cartel, and Los Cangris publishing directly infringed Plaintiffs copyrights and exclusive rights, in and relating to the Original Compositions, under copyright law by manufacturing, distributing, using, commercializing, selling, broadcasting, publicly 12

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performing and otherwise exploiting the Infringing Musical Works containing the Original Composition, Salgo Pa La Calle, and the musical works contained in Erre XI, without Plaintiffs written authorization or written consent, all in violation of Copyright Act, 17 U.S.C. 106, 115 and 501. 45. The foregoing acts of infringement by the above-named Defendants have been

willful, intentional, purposeful and/or with a complete disregard to Plaintiffs copyrights and exclusive rights in and to the Original Composition. 46. As a direct and proximate result of the acts of infringement committed by

Defendants, plaintiffs have suffered, and will continue to suffer substantial economic and non-economic injuries and damages. 47. Plaintiffs are therefore entitled to recover actual damages suffered as a result of

the infringement and any profits of the Defendants attributable to the infringement of Plaintiffs copyrights and exclusive rights in and to the Original Compositions in an amount to be established at trial, but are in no event less than $500,000.00 (FIVE HUNDRED THOUSAND DOLLARS).

48.

Plaintiffs are further entitled to attorneys fees and full costs pursuant to the

Copyright Act, 17 U.S.C. 505. As a result of the Defendants actions, the Defendants are liable to Plaintiffs for the total amount of income, monies, royalties and other remuneration Plaintiffs are reasonably entitled to receive, as a result of Plaintiffs creating, composing, arranging, authoring, producing and/or performing the Original Compositions embodied in the Musical Works, in an amount to be established at trial, but are in no event less than $500,000.00 (FIVE HUNDRED THOUSAND DOLLARS)

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Count V Contributory Copyright Infringement(All Plaintiffs) 49. Plaintiffs repeat the allegations contained in paragraphs 61 through 66 and, by this

reference, incorporate them herein. 50. Defendants, UMG/Machete,, Daddy Yankee, El Cartel, and Los Cangris, Saldana,

Cabrera, Universal Music Publishing Group, LT Benjamin Records, willfully, knowingly and intentionally induced, caused, encouraged and/or assisted various third parties, including, but not limited to, various radio and televisions stations, to broadcast, publicly perform and/or otherwise exploit the Infringing Musical Work, containing the Original Composition, Salgo pa La Calle, and the songs contained in Erre XI, throughout the United States and Overseas even though Defendants knew or should have known, that they did not have Plaintiffs written authorization or written consent to reproduce, broadcast, publicly perform or otherwise exploit the Original Composition. 51. The conduct of the Defendants, constitutes contributory infringement of

Plaintiffs copyrights and exclusive rights in and relating to the Original Compositions in violation of the Copyright Act, 17 U.S.C. 106, 115 and 501. 52. As a direct and proximate result of the acts of contributory infringement

committed by Defendants, Plaintiffs have suffered, and will continue to suffer substantial economic and non-economic injuries and damages. 53. Plaintiffs are therefore entitled to recover actual damages suffered as a result of

the infringement and any profits of the Defendants attributable to the infringement of Plaintiffs copyrights and exclusive rights in and to the Original Compositions in an amount to be established at trial, but are in no event less than $500,000.00 (FIVE HUNDRED THOUSAND DOLLARS).

54.

Plaintiffs are further entitled to attorneys fees and full costs pursuant to the

Copyright Act, 17 U.S.C. 505.

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Count VI Vicarious Copyright Infringement(All Plaintiffs) 55. Plaintiffs repeat the allegations contained in paragraphs 1 through 54, and, by this

reference, incorporate them herein. 56. Defendants, their employees, agents and representatives, commercially released

and/or distributed the Infringing Musical Works, containing the Original Compositions, Salgo Pa La Calle, and the Erre XI songs in the United States and overseas. 57. Defendants and their employees, agents and representatives: (i) falsely indentified

and designated a person or persons other than the Plaintiffs as the author, creator, performer, producer and or arranger of the Infringing Musical Works; (ii) manufactured, distributed, used, commercialized, sold and otherwise exploited the Infringing Musical Works; (iii) unlawfully profited from said exploitation of the Infringing Musical Works; and (iv) deprived Plaintiffs of substantial income directly or indirectly related to the exploitation of the Infringing Musical Works. 58. Defendants and their employees, agents and representatives have the right and

ability to manage, supervise and control the Infringing Musical Works and have a direct financial interest in the Infringing Musical Works. 59. Defendants including but not limited to UMG,/Machete, Daddy Yankee, El

Cartel, Universal Music Publishing Group, LTs Benjamin Records, Saldana and Cabrera, and Los Cangris derived substantial financial benefit from the infringing conduct of Defendants and as a result vicariously infringed Plaintiffs copyright and exclusive rights in and to the Original Compositions, in violation of the Copyright Act, 17 U.S.C. 106, 115 and 501. 60. As a direct and proximate result of the acts of vicarious infringement committed

by defendants, Plaintiffs have suffered, and will continue to suffer substantial economic and non-economic injuries and damages. 61. Plaintiffs are therefore entitled to recover actual damages suffered as a result of

the infringement and any profits of the Defendants attributable to the infringement of Plaintiffs copyrights and exclusive rights in and to the Original Compositions in an amount 15

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to be established at trial, but are in no event less than $500,000.00 (FIVE HUNDRED THOUSAND DOLLARS) 62. Plaintiffs are further entitled to attorneys fees and full costs pursuant to the Copyright Act, 17 U.S.C. 505.

COUNT VII Intentional/reckless infliction of emotional distress (Luny, Tunes, and LTs Benjamin Records) 63. Plaintiffs repeat the allegations contained in paragraphs 1 through 62, and, by this

reference, incorporate them herein.

64. As a result of the intentional and or reckless (defendants knew or should have known their actions would cause emotional harm to plaintiff, Alicea), actions of the defendants, plaintiff , Alicea was caused to suffer emotional distress, including but not limited to depression, headaches, and nausea and loss of income. As a result of the Defendants actions, the Defendants are liable to Plaintiff for emotional distress suffered.

COUNT VIII Negligent infliction of emotional distress (Luny, Tunes, and LTs Benjamin Records) 65. Plaintiffs repeat the allegations contained in paragraphs 1 through 64, and, by this

reference, incorporate them herein.

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66.

As a result of the actions of the defendants, plaintiff, Alicea was caused to suffer emotional distress, including but not limited to depression, headaches, and nausea and loss of income. As a result of the Defendants actions, the Defendants are liable to Plaintiff for emotional distress suffered.

COUNT IX Breach of Contract (Thilo) 67. Plaintiffs repeat the allegations contained in paragraphs 1 through 66, and, by this reference, incorporate them herein.

68. The plaintiff, Raul Rivera Roldan, p/k/a/, Thilo contracted with defendants Luny, Tunes, and LTs Benjamin Records, successor in interest to Mas Flow, Inc. UMG/Machete, White Kraft, Universal Music Publishing Group, and EMI to pay him for his share of the royalties due from the sale, and/or distribution of the musical works he created. Along with a fee per track, Thilo was to receive mechanical and other royalties including but not limited to performance royalties derived from radio play, and sales of digital media. 69. Although Thilo was paid for some radio royalties, despite demand for same, he has received no other compensation. 70. The defendants, LTs Benjamin Records, UMG/Machete, EMI, White Kraft, Universal Music Publishing group, Francisco Saldana, and Victor Cabrera, are liable to Thilo by failing to account for or pay Thilo the agreed upon mechanical and other royalties.

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COUNT X Breach of Contract (LT Benjamin/UMG/Machete/Luny) 71. Plaintiffs repeat the allegations contained in paragraphs 1 through 71, and, by this

reference, incorporate them herein. 72. In 2004, LTs Benjamin Records and UMG/Machete signed a distribution

agreement. On or about April of 2007 LTs Benjamin Records signed a Profit Sharing Agreement with UMG/Machete.

73. The plaintiffs are all third party beneficiaries of said agreements between LTs Benjamin Records and Machete Music/UMG. 74. The plaintiffs have not been paid their royalties, mechanical or otherwise due them. As a result of the Defendants actions, the Defendants are liable to Plaintiffs for the total amount of income, monies, royalties and other remuneration Plaintiffs are reasonably entitled to receive, as a result of Plaintiffs creating, composing, arranging, authoring, producing and/or performing the Original Compositions embodied in the Musical Works, in an amount to be established at trial, but are in no event less than $500,000.00 (FIVE HUNDRED THOUSAND DOLLARS)

REQUESTS FOR RELIEF

WHEREFORE, the Plaintiffs, requests that this Court: 1. Enter judgment for Plaintiffs on all counts of this Complaint; 2. Declare the Plaintiffs each an author, creator, composer, producer, arranger, performer and co-owner of copyright in the Original Compositions. 3. Award Plaintiffs all income, monies, royalties and other remuneration Plaintiffs are reasonably entitled to receive, as a result of creating, composing, arranging, authoring, 18

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producing and/or performing the Original Compositions embodied in the abovereferenced Musical Works, in an amount to be established at trial, but which are in no event less than $500,000.00 (FIVE HUNDRED THOUSAND DOLLARS); 4. Award Plaintiffs their actual and compensatory damages and any and all gains, profits and advantages Defendants obtained as a result of falsely designating Defendants, LTs Benjamin Records, Francisco Saldana (p/k/a Luny), Victor Carbrera (p/k/a Tunes), Daddy Yankee, El Cartel Records, Los Cangris Publishing as the sole creators, producers, authors, arrangers and/or composers of the above-referenced Musical Works, containing the Original Compositions, in an amount to be established at trial, but which are in no event less than $500,000.00 (FIVE HUNDRED THOUSAND DOLLARS); 5. Order the Defendants to render an accounting to ascertain the total amount of proceeds, royalties, profits, fees, licenses and other compensation Defendants received as a result of Defendants distribution, sale, use, commercialization, licensing, broadcasting, public performance, collection/administration (EMI), and other exploitation of the Musical Works, containing the Original Compositions and award Plaintiffs any such proceeds, royalties, profits, fees, licenses and other compensation. 6. Award Plaintiffs their actual and compensatory damages as a direct result and proximate cause of Defendants unjust enrichment at Plaintiffs expense, in an amount to be established at trial, but which are in no event less than $500,000.00 (FIVE HUNDRED THOUSAND DOLLARS); 7. Award Plaintiffs any and all gross revenue, income and/or profits derived by Defendants that are attributable to their direct, contributory and/or vicarious infringement of Plaintiffs copyrights and exclusive rights in and to the Original Compositions, in an amount to be established at trial, but which are in no event less than $500,000.00 (FIVE HUNDRED THOUSAND DOLLARS); 8. Award Plaintiffs reasonable attorneys fees, costs and expenses relating to this action; 9. Award Plaintiffs statutory damages, upon election by Plaintiffs prior to final judgment and in lieu of actual damages and profits from copyright infringement pursuant to the Copyright Act, U.S.C. 17 504 (c);

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10. Award plaintiff Alicea damages for emotional distress, 11. Punitive damages and, 12. Grant Plaintiffs such other relief as the Court may deem just and proper.

JURY DEMAND Plaintiffs demand a jury trial on all issues so triable.

Dated: August 12, 2011 Respectfully Submitted, /s/ Jorge Maldonado-Rios _______________________________

Jorge Maldonado-Rios Bar number:214207 PO BOX 373127 Cayey, Puerto Rico,00737-3127

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