JS 44C/SDNY REV.

2/2014

XMEMJmi
initiatingthe civildocket sheet.

CIVIL COVE

The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of

pleadings or other papers as required by law, exceptas provided bylocal rules of court. This form, approved bythe
JudicialConference of the UnitedStates in September 1974, is requiredfor use of the Clerkof Court forthe purpose of

PLAINTIFFS

DEFENDANTS

LEE HUTSON, individually and d/b/a SILENT GIANT PUBLISHING
COMPANY

THE ESTATE OF CHRISTOPHER WALLACE individually and d/b/a BIG

POPPA MUSIC, NOTORIOUS B.I.G., LLC, OSTEN HARVEY, JR. p/k/a
FASY MO BEE See Adrtendumi

ATTORNEYS (FIRM NAME, ADDRESS, ANDTELEPHONE NUMBER ANTHONY MOTTA, 50 Broadway, Suite 2202, New York, N.Y. 10004
Tel: (212)791-7360

ATTORNEYS (IF KNOWN)
Unknown

CAUSE OFACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OF CAUSE)
(DO NOTCITEJURISDICTIONAL STATUTESUNLESS DIVERSITY)

Cause of action for Copyright infringement; 17 U.S.C. Sec. 101 et. seq.
Has this action, case , or proceeding, or one essentially the !same been previously filed in SDNY at any

time? NcOVesLjjudge Previously Assigned
& Case No.

If yes, was this case

Vol. •

Invol. •

Dismissed .

NoQ

Yes

n

If yes, give date

IS THIS AN INTERNATIONAL ARBITRATION CASE?

No

El

Yes

(PLACEAN [x] IN ONE BOX ONLY)

NATURE OF SUIT
ACTIONS UNDER STATUTES

CONTRACT

PERSONAL INJURY

PERSONAL INJURY

FORFEITURE/PENALTY

BANKRUPTCY

OTHER STATUTES

[ [ [ [

]110 ]120 1130 1140

INSURANCE MARINE MILLER ACT
NEGOTIABLE

[ 1310 AIRPLANE [ ]315 AIRPLANE PRODUCT
LIABILITY

[ ]362

PERSONAL INJURY -

[ ]365
[]368

MED MALPRACTICE PERSONAL INJURY
PRODUCT LIABILITY

[1610 [ ]620

AGRICULTURE
OTHER FOOD &

[ ] 422 APPEAL
28 USC 158

[ ]400 [ [ [ [ [

STATE

REAPPORTIONMENT

[ ]320 ASSAULT, LIBEL &
SLANDER

[]625

DRUG DRUG RELATED
SEIZURE OF PROPERTY

[ ]423 WITHDRAWAL
28 USC 157

[ 1150

INSTRUMENT RECOVERY OF OVERPAYMENT &
ENFORCEMENT

ASBESTOS PERSONAL
INJURY PRODUCT LIABILITY

[ I 330

FEDERAL

EMPLOYERS' LIABILITY

21 USC 881

PROPERTY RIGHTS

1410 ANTITRUST H30 BANKS & BANKING 1450 COMMERCE )460 DEPORTATION 1470 RACKETEER INFLU
ENCED & CORRUPT ORGANIZATION ACT

OF JUDGMENT

[]151 []152

MEDICARE ACT

[ ]340 MARINE []345 MARINE PRODUCT
LIABILITY

PERSONAL PROPERTY

RECOVERY OF DEFAULTED STUDENT LOANS

[ ]350 MOTOR VEHICLE [ ]355 MOTOR VEHICLE
PRODUCT LIABILITY

[ 1370 OTHER FRAUD [ 1371 TRUTH IN LENDING [ ] 380 OTHER PERSONAL
PROPERTY DAMAGE

[ [ [ [

]630 I 640 ]650 ]660

LIQUOR LAWS
RR & TRUCK AIRLINE REGS

OCCUPATIONAL SAFETY/HEALTH
OTHER

M820 COPYRIGHTS [ J 830 PATENT [ ] 840 TRADEMARK

[ ]690

(EXCL VETERANS) [1153
RECOVERY OF
OVERPAYMENT OF VETERAN'S BENEFITS

SOCIAL SECURITY
LABOR

[ [ [ [

1480 ]490 1810 ]850

(RICO) CONSUMER CREDIT
CABLE/SATELLITE TV SELECTIVE SERVICE SECURITIES/ COMMODITIES/
EXCHANGE

[ ]360 OTHER PERSONAL
INJURY

[ ]385

PROPERTY DAMAGE

PRODUCT LIABILITY

[1710
[ I 720
PRISONER PETITIONS

FAIR LABOR STANDARDS ACT

I 1160 [ 1190 []19S

STOCKHOLDERS
SUITS OTHER

LABOR/MGMT
RELATIONS

[ [ [ [ [

]861 ] 862 ] 863 ] 864 I 865

HIA(1395ff) BLACK LUNG (923) DIWC/DIWW (405(g)) SSID TITLE XVI RSI (405(g))

[I 875 CUSTOMER
CHALLENGE 12 USC 3410

1 ]890 OTHER STATUTORY
ACTIONS

CONTRACT CONTRACT
PRODUCT LIABILITY ACTIONS UNDER STATUTES CIVIL RIGHTS

[ 1730

LABOFVMGMT
REPORTING & DISCLOSURE ACT OTHER LABOR LITIGATION EMPL RET INC FEDERAL TAX SUITS

[1510

MOTIONS TO VACATE SENTENCE

[1891 AGRICULTURAL ACTS [ ]892 ECONOMIC
STABILIZATION ACT

( ]196

FRANCHISE

REAL PROPERTY

[]441 VOTING []442 EMPLOYMENT []443 HOUSING/
ACCOMMODATIONS

28 USC 2255 [ I 740 [ ]530 HABEAS CORPUS [ I 790 [ ]535 DEATH PENALTY [ ]540 MANDAMUS & OTHER [ 1791

RAILWAY LABOR ACT [ ] 870 TAXES (U.S. Plaintiff or

[ ]893 [1894 [ ]895

ENVIRONMENTAL
MATTERS

Defendant) [ ] 871 IRS-THIRD PARTY
26 USC 7609

ENERGY ALLOCATION ACT FREEDOM OF INFORMATION ACT

SECURITY ACT
IMMIGRATION PRISONER CIVIL RIGHTS

[ ]900 APPEAL OF FEE
DETERMINATION UNDER EQUAL ACCESS TO JUSTICE [ ]950 CONSTITUTIONALITY
OF STATE STATUTES

[ 1210

LAND

CONDEMNATION

[ ]444 [ ]445

WELFARE AMERICANS WITH DISABILITIES EMPLOYMENT

[ I 462 [ ]550 [ ]555
CIVIL RIGHTS

NATURALIZATION
APPLICATION HABEAS CORPUSALIEN DETAINEE

[ ] 220 I ]230
[ ]240 I I 245 [ ]290

FORECLOSURE RENT LEASE &

PRISON CONDITION

[ I 463
[ I 465

EJECTMENT TORTS TO LAND TORT PRODUCT
LIABILITY ALL OTHER

[ ]446 AMERICANS WITH [ ]440
DISABILITIES -OTHER OTHER CIVIL RIGHTS

OTHER IMMIGRATION
ACTIONS

(Non-Prisoner)

REAL PROPERTY

Check ifdemandea' in complaint:

CHECK IF THIS IS A CLASS ACTION
UNDER F.R.C.P. 23

DO YOU CLAIM THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.?

IF SO, STATE:

DEMAND $300,000

OTHER Injunction

JUDGE

DOCKET NUMBER

Check YES only if demanded in complaint

JURY DEMAND: H YES • NO

NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32).

(PLACE AN x IN ONE BOX ONLY)

ORIGIN

SI 1 Original

Proceeding

D 2 Removed from

state fount state uoun I | a. all parties represented

• 3 Remanded D 4 Reinstated or
from rrom Appellate Reopened

• 5 Transferred from Q 6 Multidistrict
(Specify District) Litigation

• 7 Appeal,to District

Judge from Magistrate Judge Judgment

LJ b. At least one
party is pro se.

(PLACE AN x IN ONEBOXONLY)

BASIS OF JURISDICTION

IFDIVERSITY, INDICATE

• 1 US PLAINTIFF

• 2 U.S. DEFENDANT |X] 3 FEDERAL QUESTION

(U.S. NOT APARTY)

Q4 DIVERSITY

(28 USC 1332, 1441)

CITIZENSHIP BELOW.

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)
(Place an [X] in one box for Plaintiffand one box for Defendant)
PTF DEF PTF DEF PTF DEF

CITIZEN OFTHIS STATE
CITIZEN OFANOTHER STATE

[ ]1 [ ]1
[ ]2 [ ]2

CITIZEN ORSUBJECT OFA
FOREIGN COUNTRY

[ ]3 [ ]3
[ ]4 [ ]4

INCORPORATED and PRINCIPAL PLACE
OF BUSINESS IN ANOTHER STATE

[ ]5 [ ]5
[ ]6 [ ]6

INCORPORATED or PRINCIPAL PLACE
OF BUSINESS IN THIS STATE

FOREIGN NATION

PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)

Lee Hutson, 20009 NE 6th Court Circle, Miami, FL 33179; Miami-Dade County

DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)

Estate of Christopher Wallace, individually and d/b/a Violetta Wallace, 183 Chatham Hill Road, Lot 15,
Stroudsburg, PA 18360; Monroe County Notorious B.I.G., LLC, c/o Corporation Service Company, 2711 Centerville Rd., Ste 400, Wilmington, DE 19808; New Castle County [See Addendum]
DEFENDANT(S) ADDRESS UNKNOWN
REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN THE
RESIDENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

Checkone:

THIS ACTION SHOULD BE ASSIGNED TO:

WHITE PLAINS

[X] MANHATTAN

(DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTS COMPLAINT.)

DATE 04/02/2014 SIGNATUREOF ATTORNEY OF RECORD

ADMITTED TO PRACTICE IN THIS DISTRICT

VJfcU-e>vu~. I V\K*Jty
RECEIPT* Nj

^ YES (DATE ADMITTED Mo. .02
Attorney Bar Code # AM1648

Yr. 1981 )

Magistrate Judge is to be designated by the OflfaqJMPf fr^rt
Magistrate Judge
Ruby J. Krajick, Clerk of Court by

""^
Deputy Clerk, DATED

is so Designated.
.

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

Civil Cover Sheet Addendum:
Defendants

JANICE COMBS PUBLISHING, INC. d/b/a JUSTIN COMBS PUBLISHING, BIG POPPA

MUSIC, EMI APRIL MUSIC PUBLISHING, INC., EMI MUSIC PUBLISHING, INC., BAD BOY ENTERTAINMENT, INC. individually and d/b/a BAD BOY RECORDS,, WARNER
MUSIC GROUP CORP., UNIVERSAL MUSIC GROUP, INC.

Defendant(s) Address(es) County(es)

Osten Harvey, Jr. p/k/a Easy Mo Bee, 11120 201st Street, St Albans, NY 11412; Queens County
Janice Combs Publishing, Inc. d/b/a Justin Combs Publishing, c/o GrubmanIndursky & Schindler, P.C, Att'n: Kenneth M. Meiselas Esq., 152 W. 57th Street, 31st Floor, New York, New
York 10019; New York County

Big PoppaMusic, c/o EMIApril Music, Inc., 75 9th Ave., Floor 4, New York, NY 10011; New
York County

EMI April Music, Inc., 75 9th Ave., Floor 4, New York, NY 10011; New York County

EMI Music Publishing, 75 9th Ave., Floor 4,New York, NY 10011; New York County
Bad Boy Entertainment, Inc. d/b/a bad Boy Records, 1710 Broadway, New York, New York,
10019; New York County

Warner Music Group Corp., 75 Rockefeller Plaza, New York, New York, 10019;
New York County

Universal Music Group, Inc., c/o CT Corporation, 111 Eighth Avenue, New York, New York
10011; New York County

IN THE U.S. DISTRICT COURT FOR THE

JUDGE StOJVANSOUTHERN DISTRICT 0F ^w Y0RK
LEE HUTSON, individually and

u 0/ •*• ^L
*
*

230?

d/b/a SILENT GIANT PUBLISHING * COMPANY *

Plaintiff,
v. THE ESTATE OF CHRISTOPHER

CIVIL ACTION FILE NO.

*
*

*

WALLACE individually and d/b/a

*

BIG POPPA MUSIC, NOTORIOUS * B.I.G., LLC, OSTEN HARVEY, JR. *

p/k/a EASY MO BEE,
JANICE COMBS PUBLISHING,
INC. d/b/a JUSTIN COMBS

*
*
*
CO
cr
.£»»

to

3>*

a
'JO 1

PUBLISHING, BIG POPPA MUSIC, EMI APRIL MUSIC, INC., EMI MUSIC PUBLISHING, INC. BAD BOY ENTERTAINMENT,

* * * * *

p
O

oo-n
—i_j
"T/ f~~

ro

-n
2=
~o

oPl

HD
O

'^c

XT

O

cr TO

INC. individually and d/b/a BAD

*

BOY RECORDS, WARNER MUSIC * GROUP CORP., * UNIVERSAL MUSIC GROUP, INC. *
Defendants *

COMPLAINT

COMES NOW Plaintiff, and brings this Complaint against Defendants
and alleges as follows:
THE PARTIES

1.

Plaintiff Lee Hutson is an individual residing at 20009 NE 6th Court
Circle, Miami, Florida 33179. Plaintiff does business as Silent Giant

Publishing Company ("SGP") at the same address.
2.

Upon information and belief, Defendant Notorious B.I.G., LLC is a

Delaware limited liability company and may be served Corporation Service

Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.
3.

Upon information and belief, Defendant the Estate of Christopher
Wallace is in care of Voletta Wallace, an individual located at 183 Chatham ,

Hill Road, Lot 15, Stroudsburg, Pennsylvania 18360-6625, Faith Evans Wallace, an individual located at 5 Eliot Court, Teaneck, New Jersey 07666-

6468, and Wayne Barrow, an individual located in care of Bystorm

Entertainment, Inc., 550 Madison Avenue 10th Floor, New York, N.Y. 10022
4.

Upon information and belief, Defendant Osten Harvey, Jr., p/k/a Easy

Mo Bee is an individual residing at 11120 201st Street, Saint Albans, N.Y.
11412-2140.

Upon information and belief, Defendant Bad Boy Entertainment, Inc.
does business as Bad Boy Records (collectively, "Bad Boy"), and is a

corporation which may be served at 1710 Broadway, New York, New York,
10019.
6.

Defendant Warner Music Group Corp. is located at 75 Rockefeller Plaza, New York, New York, 10019 and may be served in care of CT
Corporation System, 111 Eighth Avenue, New York, New York, 10011.
7.

Janice Combs Publishing, Inc. d/b/a Justin Combs Publishing has no registered agent, but its agent for DOS process is C/O Grubman Indursky &
Schindler, P.C, Art: Kenneth R. Meiselas Esq., 152 West 57th St., 31st Floor,

New York, New York, 10019. Defendant Big Poppa Music and Justin Combs Music are administered by Defendant EMI April Music, Inc. Defendant EMI April Music, Inc. is owned by Defendant EMI Music Publishing, which is
located at 75 9 Ave., Floor 4, New York, NY 10011 and may be served c/o Corporation Service Company, 80 State Street, Albany, New York 122072543.
8.

Universal Music Group, Inc. ("Universal") is a Delaware corporation

and may be served through its registered agent in New York, C T Corporation
System, 111 Eighth Avenue, New York, New York 10011.
VENUE AND JURISDICTION
9.

This action seeks damages and injunctive relief under the copyright
laws of the United States of America, 17 U.S.C. §101 et seq. Jurisdiction over the copyright claim is conferred upon this Court pursuant to 28 U.S.C.
§§1331 and 1338. Additionally, pursuant to 42 USC §1332 this Court has

jurisdiction over this action, in that this is a civil action between citizens of
different states in which the amount in controversy exceeds the sum of
$75,000.00, exclusive of interest and costs.
10.

Venue is proper in this District pursuant to 28 USC §1391(b) and (c)
and §1400(a). Most of the defendants are located and the corporate All or a substantial part of the events or

defendants do business here.

omissions giving rise to the claim occurred here.
FACTS COMMON TO ALL COUNTS
11.

Plaintiff Lee Hutson ("Hutson") is an internationally recognized singer

and songwriter.1 Early in his career, Hutson joined The Mayfield Singers led
by the legendary Curtis Mayfield, and was mentored by him. Mayfield
personally chose Hutson to be his replacement as the lead singer of his group,

the Impressions, when he left the group in 1971. Hutson was a recording
artist signed to Mayfield's Curtom Records from 1973 through 1979.
12.

Plaintiff Hutson has had a successful solo career, releasing eight albums during the 1970's. His music is revered today, and he has been

characterized as "the best-kept secret of 70s Soul," most recently noted in the
June 29, 2006 issue of Rollins Stone magazine.
13.

Over the past decade, a number of prominent hip-hop and rhythm and

blues artists have discovered Mr. Hutson's music and licensed it as "samples" which they have used in their sound recordings, including but not limited to
international superstars T.I., Bone Thugs -n- Harmony, Erykah Badu and
Snoop Dogg.
14.

In 1995, Hutson legally changed his name from Leroy Hutson to Lee Hutson

in a Final Judgment of Name Change filed in the Circuit Court of the 11th
Judicial Circuit in and for Dade County, Florida.

Plaintiff administers and controls all rights in and to the master sound

recordings featuring the performances of Hutson as well as the compositions written by him through his sole proprietorship, SGP. SGP sometimes does
business as "I Got Music." Plaintiff also administers and controls all rights in
compositions written by Michael Hawkins through SGP.
15.

Plaintiff Hutson and Michael Hawkins are the composers of "Can't Say Enough About Mom" (the "Composition") and Plaintiff (doing business as

SGP) registered it with the United States Copyright Office, Copyright Registration EU 451200, originally registered on Dec. 03, 1973.
16.

The Master recording of the Composition (the "Master") featuring

Plaintiffs vocal performance was embodied on Plaintiffs album entitled "The Man," released by Mayfield's label, Curtom Records, in 1973 (Copyright Registration RE 930-191).
17.

The other claimant in the registration, AOPA Publishing Company, was an Illinois company owned by Curtis Mayfield and Marvin Heiman, both deceased. AOPA's rights and interest in the Composition were terminated in 1992 and all rights were returned to Plaintiff.

Plaintiff is the owner of the Master pursuant to a Master Transfer

Agreement from Curtom Records, Inc., dated March 15, 1989, which was
filed with the United States Copyright Office in Certificate of Registration
Form V3606 D077. Plaintiff filed his renewal registration for copyright in the Master on August 14, 2007 and has a Certificate of Registration from the
Copyright Office in his name.
18.

Christopher George Latore Wallace ("Wallace"), best known as The Notorious B.I.G., Biggie or Biggie Smalls, was an American rapper who died
in 1997. Defendant Notorious B.I.G., LLC is his legal representative.
19.

Ready to Die (the "Album") was the debut album of Wallace, released

September 13, 1994 on Defendant Bad Boy. It was certified as a multiplatinum selling recording. Defendants Bad Boy Entertainment, Inc., d/b/a
Bad Boy Records, as a joint-venturer with Arista Records, Inc., commercially
released the album, and a version of the album with additional content was

later re-released in or about 2004 and distributed by Defendant Universal or
its former subsidiary, Universal Records.
20.

The Album is currently distributed by Defendant Warner Music Group
Corp.
21.

The Album was released featuring numerous unlicensed "samples" of

master recordings not owned or controlled by Wallace or Bad Boy. In 2002,
Bridgeport Music, Inc. and Westbound Records, Inc. won a federal lawsuit

against Bad Boy for copyright infringement, with a jury deciding that Bad Boy had illegally used samples in the production of the songs "Ready to Die",
"Machine Gun Funk", and "Gimme the Loot." All versions of the Album

released since that lawsuit do not contain the disputed samples.
22.

In 2012, Plaintiffs discovered that one of the songs on the Album,

entitled "The What," contains a portion of the Master embodying the
Composition. The sample was not licensed, and was included without

Plaintiffs' knowledge or permission.
23.

"The What" was produced by Defendant Osten Harvey, Jr. p/k/a "Easy
Mo Bee" ("Harvey"). The credited writers for the composition "The What"

were Defendant Wallace (whose intellectual property rights are now

controlled and managed by Defendant Notorious B.I.G., LLC), "C. Smith"
and Defendant Harvey.
24.

The music publishers for "The What" are Defendants Big Poppa Music

and Janice Combs Publishing, Inc. d/b/a Justin Combs Publishing, which are
administered by Defendant EMI April Music, Inc., as well as Defendant EMI

April Music, Inc., which is owned and controlled by Defendant EMI Music
Publishing.
25.

Defendants have copied, performed, distributed and/ or sold the

Composition and the Master (as embodied in "The What") without
permission of the copyright owner.
26.

"The What," featuring the unlicensed sample of the Master, has been

sampled on nineteen (19) different sound recordings which have been commercially released, including on master recordings released by major recording artists LiP Kim, LL Cool J, Puff Daddy and Naughty by Nature.
27.

Defendant Bad Boy has licensed and/ or otherwise permitted the
sampling of "The What."

28.

"The What" contains a sample of the Master which was not authorized
by Plaintiffs.
29.

Noted musicologist Dr. Earl Stewart compared the Master with "The What" independently, and affirms a clear infringement that he characterized as "irrefutable." Other music experts around the world have acknowledged
the sample, and the sampling is consistently acknowledged on internet sites which identify source material for recordings.
30.

Plaintiff contacted attorney for Defendant Bad Boy in July 2012 stating

that they required a license for the Master; Bad Boy did not respond to the
request and did not obtain the license. Additional demands were sent on
March 28, 2013 and November 25, 2013.
31.

SGP sent Bad Boy a letter on January 14, 2013 demanding that Bad
Boy cease and desist from all "licenses, sales, distributions and all other uses"

of recordings containing the Master, as well as requiring payment for all such
uses.

32.

10

Bad Boy failed to respond to SGP's letter, and has continued its sales
and distribution of "The What."

COUNT 1

COPYRIGHT INFRINGEMENT AGAINST ALL DEFENDANTS
33.

Plaintiff incorporates herein each and every allegation contained in

paragraphs 1 through 32 as if such allegations were set forth herein in their
entirety.
34.

Plaintiff is and at all relevant times has been the copyright owner of

exclusive rights under United States copyright law with respect to the
Composition and Masters.
35.

Among the exclusive rights granted to the Plaintiff under the Copyright
Act are the exclusive rights to reproduce the Copyrighted Composition and
Master, and to distribute them to the public.
36.

The Defendants, without the permission or consent of Plaintiff, have

reproduced and distributed, and/ or licensed the reproduction and distribution

n

to the public, the Composition and Master. In doing so, each Defendant has
violated Plaintiffs exclusive rights under 17 U.S.C. §101 etseq.
37.

Defendants' actions constitute infringement of Plaintiff s copyright and/ or exclusive rights under copyright. The foregoing acts of infringement

have been willful, intentional, and in disregard of and with indifference to the
rights of Plaintiff.
38.

As a result of the Defendants' infringement of Plaintiff s copyrights

and exclusive rights under copyright, Plaintiff is entitled to statutory damages
pursuant to 17 U.S.C. §504(c) against each Defendant for each infringement by the Defendant of the Copyrighted Compositions.
39.

In the alternative, Plaintiff is entitled to recover from Defendants the

damages sustained by Plaintiff as a result of Defendants' acts of copyright
infringement. Plaintiff is at present unable to ascertain the full extent of the monetary damage Plaintiff has suffered by reason of Defendants' acts of copyright infringement but believe such damages exceed $150,000.00.
40.

Plaintiff is further entitled to recover from Defendants the gains,

12

profits and advantages they obtained as a result of their acts of copyright infringement. Plaintiff is at present unable to ascertain the full extent of the gains, profits, and advantages Defendants have obtained by reason of their
acts of copyright infringement, but Plaintiff is informed and believe that
Defendants have obtained such gains, profits, and advantages in an amount

exceeding $150,000.00.
COUNT 2 INJUNCTIVE RELIEF AND IMPOUNDMENT AGAINST ALL DEFENDANTS

41.

Plaintiff incorporates herein each and every allegation contained in
paragraphs 1 through 40 as if such allegations were set forth herein in their entirety.
42.

The conduct of the Defendants is causing and, unless enjoined and
restrained by this Court, will continue to cause Plaintiff great and irreparable

injury that cannot fully be compensated or measured in money. Pursuant to
17 U.S.C. §502, Plaintiff is entitled to injunctive relief prohibiting the

Defendants from further infringing Plaintiffs copyrights.
43.

13

An injunction should be granted because immediate and irreparable

injury, loss or damage will result to the Plaintiff if the actions of Defendants
are not enjoined. Without such an order, Plaintiff has no adequate remedy at law to prevent Defendants' continued use, exploitation and profiting from his
Work. Plaintiff will suffer immediate and irreparable damage to his career
and livelihood.
44.

Additionally, pursuant to 17 U.S.C. §503, Plaintiff requests while this

action is pending the impounding of all copies or phonorecords claimed to
have been made or used in violation of the exclusive right of Plaintiff, the impounding of all plates, molds, matrices, masters, tapes, film negatives, or other articles by means of which such copies or phonorecords may be

reproduced, and the impounding of records documenting the manufacture,
sale, or receipt of things involved in any such violation.
45.

Therefore,

Plaintiff requests

an Order immediately restraining

Defendants from all use of "The What," including from copying and
distribution, and the impounding as set forth herein.

COUNT 3

ATTORNEY'S FEES AGAINST ALL DEFENDANTS

14

46.

Plaintiff incorporates herein each and every allegation contained in paragraphs 1 through 45 as if such allegations were set forth herein in their
entirety.
47.

Plaintiff is entitled to collect full costs, and reasonable attorney's fees, pursuant to 17 U.S.C. § 505.
48.

Plaintiff has incurred legal fees and is entitled to his reasonable
attorneys' fees, to be proven at trial.
COUNT 4

PREJUDGMENT INTEREST AGAINST DEFENDANTS
49.

Plaintiff incorporates herein each and every allegation contained in paragraphs 1 through 48 as if such allegations were set forth herein in their entirety.
50.

Plaintiff is entitled to recover from Defendants prejudgment interest

from the date that Defendants' infringement occurred.

15

WHEREFORE, Plaintiff prays that:

(a) this Court grant to Plaintiff the relief sought in Count One against Defendants jointly and severally for Copyright Infringement and award to Plaintiff for statutory damages for each infringement of the Composition and
the Master pursuant to 17 U.S.C. §504; and

(b) this Court grant to Plaintiff the relief sought in Count Two against
Defendants jointly and severally and

(i) grant to Plaintiff an injunction providing, "Defendants shall
be and hereby is enjoined from directly or indirectly infringing Plaintiffs rights under federal law in the Composition, except pursuant

to a lawful license or with the express authority of Plaintiff' and (iii) grant to Plaintiff an Order impounding of all copies or
phonorecords claimed to have been made or used in violation of the

exclusive right of Plaintiff, the impounding of all plates, molds,
matrices, masters, tapes, film negatives, or other articles by means of

which such copies or phonorecords may be reproduced, and the

impounding of records documenting the manufacture, sale, or receipt of
things involved in any such violation; and

(c) this Court grant to Plaintiff the relief sought in Count Three against

Defendants jointly and severally for Attorney's Fees;

16

(d) this Court grant to Plaintiff the relief sought in Count Four against
Defendants jointly and severally for prejudgment interest;

(e) Plaintiff be awarded the costs and disbursements of this action,
together with reasonable attorneys' fees;

(f) Plaintiff receive a trial by a jury; and

(g) Plaintiff has such other and further relief as this Court may deem
just and proper. Respectfully submitted this 2nd day of April, 2014.

ANTHONY MOTTA (AM-1648) Attorney for Plaintiff 50 Broadway, Suite 2202
New York, N.Y. 10004 Tel: (212)791-7360 Fax: (212)791-7468

Alan S. Clarke

Attorney for Plaintiff Motion to be admitted Pro Hac Vice to befiled Georgia Bar Number 128225 The Entertainment Law Group
Alan S. Clarke & Associates, LLC 3355 Lenox Road, Suite 750

Atlanta, Georgia 30326 (404) 816-9800 telephone (404) 816-0555 facsimile aclarke@entertainlaw.com

17

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