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1 Robert S. Besser (SBN 46541)
Christopher Chapin (SBN 112608)
2 LAW OFFICES OF ROBERT S. BESSER
1221 Second Street, Suite 300
3 Santa Monica, California 90401
Tel: (310) 394-6611
4 Fax: (310) 394-6613
rsbesser@aol.com
5 christopherchapin@aol.com
6 Attorneys for Plaintiff
VMG SALSOUL LCC
7
8 UNITED STATES DISTRICT COURT
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11 VMG SALSOUL LLC, a Delaware
limited liability company,
3 - 07 41
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12
13 vs.
Plaintiff, COMPLAINT FOR COPYRIGHT
INFRINGEMENT
14 KYLIE MINOGUE, an individual; DEMAND FOR JURY TRIAL
CVI CROSSTOWN MUSIC CV1, LLC,a
15 Delaware limited liability
company; UNIVERSAL MUSIC GROUP,
16 a Delaware corporation;
CAPITOL-EMI MUSIC, INC.
1
a
17 Delaware corporation; WARNER MUSIC
GROUP, a Delaware corporation;
18 CHRISTIAN KARLSSON, an individual;
PONTUS WINNBERG, an individual; and
19 DOES 1 through 10, inclusive,
20 Defendants.
21
11__________________________________ 1
22
Plaintiff VMG SALSOUL LLC, for its Complaint against
23
Defendants, and all of them, alleges as follows:
24
PARTIES
25
1. Plaintiff VMG SALSOUL LLC ("VMG") is a limited
26
27 -1-
28
COMPLAINT FOR COPYRIGHT INFRINGEMENT
I
1 liability company organized and existing pursuant to the laws of
2 the State of Delaware.
3 2. Defendant KYLIE MINOGUE ("MINOGUE") is an individual
4 resident of Australia.
5 3. Defendant UNIVERSAL MUSIC GROUP ("UNIVERSAL") is a
6 corporation organized and existing pursuant to the laws of the
7 State of Delaware, with its principal place of business located
8 in the City of Santa Monica, California, within this district.
9 4 . Defendant WARNER MUSIC GROUP is a corporation organized
10 and existing pursuant to the laws of the State of Delaware, with
11 its principal place of business located in Burbank, California,
12 within this district.
13 5. Defendant CVI CROSSTOWN MUSIC CV1, LLC ("CROSSTOWN") is
14 a limited liability company organized and existing pursuant to
15 the laws of the State of Delaware.
16 6. Defendant CAPITOL-EMI MUSIC, INC. ("EMI") is a
17 corporation organized and existing pursuant to the laws of the
18 State of Delaware and is a wholly owned subsidiary of UNIVERSAL.
19 7 . Defendant CHRISTIAN KARLSSON ("KARLSSON") is an
20 individual resident of an unknown state of the United States.
21 8 • Defendant PONTUS WINNBERG ("WINNBERG") is an individual
22 resident of an unknown state of the United States.
23 9. The names, residences and capacities of the Defendants
24 named herein as DOES 1 through 10 are unknown to Plaintiff at
25 this time. At such time as the fictitiously named Defendants are
26 ascertained, Plaintiff will seek leave to amend this Complaint to
27
28
t
I
-2-
COMPLAINT FOR COPYRIGHT INFRINGEMENT
1 state their true names and identities.
2 10. At all material times, each Defendant acted as the
3 agent and/or principal of each other Defendant and each is in
4 some way liable, jointly and severally, to Plaintiff for the
5 damages alleged herein, either together with or independently of,
6 each other Defendant.
7 JURISDICTION AND VENUE
8 11. Subject matter jurisdiction is invoked pursuant to 28
9 U.S.C., § 1331 and § 1338 because this action arises under
10 exclusive federal copyright law, 17 U.S.C., § 101, et seq.
11 12. Venue is proper in this district pursuant to 28 U.S.C.,
12 § 1391(b) (2) because infringements occurred in this district and
13 pursuant to 28 U.S.C., § 1392(b) (3) because at least one
14 defendant resides in this district.
15 FACTUAL ALLEGATIONS
16 13. VMG is the owner of the copyright in the composition
17 entitled "Sing, Sing" written by Thorir Baldursson, Mats
18 Bjorklund and Jurgen Korduletsch, Copyright Registration No.
19 PA0000023762, dated January 15, 1979. Attached hereto as Exhibit
20 "A" is a true and correct copy of the composition copyright
21 registration for "Sing, Sing." "Sing, Sing" was performed by an
22 artist named Gaz and released in 1978.
23 14. On the same basis, VMG is the owner of the copyright in
24 the sound recording of "Sing, Sing" Copyright Registration No.
25 SR0000006240, dated January 15, 1979. Attached hereto as Exhibit
26 "B" is a true and correct copy of the sound recording copyright
27 -3-
11------------------------------------------------------------------------
28 COMPLAINT FOR COPYRIGHT INFRINGEMENT
I
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l

I
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i
1 registration for "Sing, Sing.
u
2 15. Upon information and belief, the song "Speakerphone
u
3 was written by KARLSSON, WINNBERG, Jonback Henrik and Klas
4 hlund. "Speakerphone
u
was recorded by MINOGUE and released in
5 pril 2008 on MINOGUE's album entitled "Xu. Upon information and
6 belief, Defendants KARLSSON AND WINNBERG co-produced
7 "Speakerphone.
u
Attached hereto as Exhibit "C
U
is a true and
8 correct copy of the copyright registration for "Speakerphone,u
9 No. PA0001673139, dated July 22, 2009.
10 16. Upon information and belief, the album entitled "XU has
11 sold over one million copies worldwide since December 2008 and is
12 still being sold.
13 17. Upon information and belief, the album entitled "XU was
14 nominated for a Grammy Award for Best Electronic/Dance Album.
15 18. "Speakerphone
u
is and has been continuously since it
16 was first released offered for sale in various media. To this
17 day, it is available for purchase on compact discs and digital
18 video discs, as well as available for download from iTunes,
19 Amazonmp3.com, eMusic.com and other internet music providers.
20 Plaintiff is informed and believes that "Speakerphone
u
still
21 generates substantial income for all Defendants.
22 19. Plaintiff recently discovered that the entire rhythm
23 track of "Speakerphone
u
was intentionally copied from "Sing,
24 Sing.
u
In fact, the personal manager for Defendants KARLSSON AND
25 WINNBERG has admitted that the rhythm track was copied off an
26 album entitled "All the Breaks (the 300 most essential drum
27
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28
COMPLAINT FOR COPYRIGHT INFRINGEMENT
1 breaks of all time)."
2 20. The cover of "All the Breaks" states that it "is
3 intended for use as an educational tool to assist in the
4 instruction of sample based music production. . Use of any
5 aterial found on this CD in any commercial music production
6 requires licensing from the original copyright holder."
7 21. No license or other clearance was ever obtained from
8 VMG for use of the "Sing, Sing" drum/rhythm track in
9 "Speakerphone."
10 FIRST CLAIM FOR RELIEF
11 22. Plaintiff repeats and incorporates by reference the
12 allegations contained in Paragraphs 1 through 21 above as though
13 fully set forth.
14 23. Defendants, and each of them, have in some way
15 infringed the copyrights in the sound recording and composition
16 of "Sing, Sing" by incorporating substantial elements of "Sing,
17 Sing" into the song "Speakerphone" without authorization from the
18 copyright holder. Defendants have published, manufactured,
19 distributed, sold and licensed copies of "Speakerphone" and
20 continue to do so despite actual knowledge of VMG's rights.
21 Defendants have never paid VMG nor secured any authorization for
22 the use of "Sing, Sing" in "Speakerphone."
23 24. As a direct and proximate result of Defendants'
24 infringement, VMG is entitled to its actual damages and
25 Defendants' profits resulting from their use of "Sing, Sing."
26 25. Alternatively, VMG is entitled to statutory damages for
27 -5-
Ir---------------------------------------------------------------------------
28 COMPLAINT FOR COPYRIGHT INFRINGEMENT
I
1 each infringement in the maximum amount allowed.
2 26. Defendants' conduct was willful and with full knowledge
3 and disregard of VMG's rights. If VMG should elect to pursue
4 statutory damages, VMG will also seek an increased award for
5 willful infringement.
6 27. As a direct and proximate result of Defendants'
7 infringement, VMG has incurred attorneys' fees and costs in an
8 amount according to proof, which are recoverable under the
9 provisions of 17 U.S.C., §505.
10 WHEREFORE, Plaintiff prays for relief as follows:
11 1. For Defendants' profits which are attributable to the
12 unauthorized use of the composition and sound recording of "Sing,
13 Sing";
14 2. Alternatively, Plaintiffs are entitled to the maximum
15 amount of statutory damages for willful infringement of
16 Plaintiff's copyrights;
17 3. For reasonable attorneys' fees pursuant to 17 U.S.C.,
18 §505;
19 4 . For costs of suit incurred herein; and
20 5. Such other or further relief as the Court may deem just
21 and proper.
22 Dated: October "7, 2013
LAW OFFICES OF ROBERT S. BESSER
:: By: r \ ( \ 571/ __ _
ROBERT S. BESSER
25 ttorneys for Plaintiffs
VMG SAL SOUL LLC
26
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COMPLAINT FOR COPYRIGHT INFRINGEMENT
I
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DEMAND FOR JURY TRIAL
3
Plaintiff, VMG SALSOUL LLC hereby demands a trial by jury in
4
this action.
5
7
Dated: October 2013
I
,
6 LAW OFFICES OF ROBERT S. BESSER
7 By:
\ I ~
\ ~ 12
ROBERTs-. BESS R
8 ttorneys for Plaintiff
VMG SAL SOUL LLC
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COMPLAINT FOR COPYRIGHT INFRINGEMENT

General Information
Docket Number 2:13-cv-07411
Status Open
Court United States District Court for the Central District of California
Date Filed 2013-10-07 00:00:00
VMG SALSOUL LLC, v. MINOGUE,, Docket No. 2:13-cv-07411 (C.D. Cal. Oct 07, 2013), Court Docket
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