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JS 44C/SDNY

REV. 4/2014
JUDGE MARRRQ
W
.CIVIL COVER SHEET
The JS-44 civil cover sheet and the inforTiation contained herein neither replace nor supplement the filing
pleadings or other papers as required by law, except
Judicial Conference oftheUnited Statesin Septemi"
initiating the civil docket sheet.
by local rules of court. This form, approved
required fpuisg qLthe Clerkof Court for the purpose of
igaVcMervfce^ 0[)it
roved by the CV/^
the purpose of
6510
PLAINTIFFS
Sugarmusic S.p.A.
^
DEFENDANTS
The Saul Zaentz Company, Miramax Film NY, LLC
ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER ATTORNEYS (IF KNOWN)
Reitler Kailas & Rosenblatt LLC
885 Third Avenue, 20th Floor
New York, NY 10022

CAUSE OF ACTION (CITE THEU.S. CIVIL STATUTE UNDER WHICH YOU AREFILING AND WRITE ABRIEF STATEMENT OF CAUSE)
(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)
17 U.S.C. 106 for willful and continued infringement of plaintiffs copyright.
Has this action, case, or proceeding, or one essentially the same been previously filed in SDNY at any time? NoZlresIbudge Previously Assigned
If yes, wasthiscase Vol. Q Invol. Q Dismissed. No Q Yes Q If yes, give date &Case No.
IS THIS AN INTERNATIONAL ARBITRATION CASE? No 0 YeS [Zl
(PLACEAN [x] INONEBOXONLY)
CONTRACT PERSONAL INJURY
[]110 INSURANCE [ J310 AIRPLANE
[ ]120 MARINE [ ] 315 AIRPLANE PRODUCT
[ 1130 MILLER ACT LIABILITY
[ ]140 NEGOTIABLE [ ] 320 ASSAULT, LIBEL &
INSTRUMENT SLANDER
[ 1150 RECOVERY OF [ J330 FEDERAL
OVERPAYMENT & EMPLOYERS'
ENFORCEMENT LIABILITY
OF JUDGMENT [ ] 340 MARINE
[ ]151 MEDICARE ACT [ ] 34S MARINE PRODUCT
[ ]152 RECOVERY OF LIABILITY
DEFAULTED [ ] 350 MOTOR VEHICLE
STUDENT LOANS [ ] 355 MOTOR VEHICLE
(EXCL VETERANS) PRODUCT LIABILITY
1)153 RECOVERY OF [ ] 360 OTHER PERSONAL
OVERPAYMENT INJURY
OF VETERAN'S [ ] 362 PERSONAL INJURY -
BENEFITS MED MALPRACTICE
[ ]160 STOCKHOLDERS
SUITS
[ ]190 OTHER
CONTRACT
t 1195 CONTRACT
PRODUCT ACTIONS UNDER STATUTES
LIABILITY
[ ]196 FRANCHISE CIVIL RIGHTS
[ ] 440 OTHER CIVIL RIGHTS
REAL PROPERTY
(Non-Prisoner)
[ ]441 VOTING
1)210 LAND [ ]442 EMPLOYMENT
CONDEMNATION [ ]443 HOUSING/
[ ]220 FORECLOSURE ACCOMMODATIONS
[ ]230 RENT LEASE &
[ ]445 AMERICANS WITH
EJECTMENT DISABILITIES -
[ )240 TORTS TO LAND
EMPLOYMENT
[ )245 TORT PRODUCT
[ ]446 AMERICANS WITH
LIABILITY
DISABILITIES -OTHER
[ ]290 ALL OTHER
REAL PROPERTY
[ J448 EDUCATION
Checkif demanded incomplaint:
CHECK IF THIS IS A CLASS ACTION
UNDER F.R.C.P. 23

DEMAND $ OTHER
Check YES onlyifdemandedincomplaint
JURY DEMAND: H YES LNO
NATURE OF SUIT
PERSONAL INJURY
[ ] 367 HEALTHCARE/
PHARMACEUTICAL PERSONAL
INJURY/PRODUCT LIABILITY
[ ] 365 PERSONAL INJURY
PRODUCT LIABILITY
[ ] 368 ASBESTOS PERSONAL
INJURY PRODUCT
LIABILITY
PERSONAL PROPERTY
[ ] 370 OTHER FRAUD
[ 1371 TRUTH IN LENDING
FORFEITURE/PENALTY
[ ]625 DRUG RELATED
SEIZURE OF PROPERTY
21 USC 881
[ 1690 OTHER
[ ] 380 OTHER PERSONAL
PROPERTY DAMAGE
[ ] 385 PROPERTY DAMAGE
PRODUCT LIABILITY
PRISONER PETITIONS
[ ] 463 ALIEN DETAINEE
[ ] 510 MOTIONS TO
VACATE SENTENCE
28 USC 2255
[ ] 530 HABEAS CORPUS
[ ] 535 DEATH PENALTY
[ ] 540 MANDAMUS & OTHER
LABOR
[ ] 710 FAIR LABOR
STANDARDS ACT
[ ]720 LABOR/MGMT
RELATIONS
[ ] 740 RAILWAY LABOR ACT
[ J 751 FAMILY MEDICAL
LEAVE ACT (FMLA)
[ J790 OTHER LABOR
LITIGATION
[ ] 791 EMPL RET INC
SECURITY ACT
IMMIGRATION
[ ] 462 NATURALIZATION
APPLICATION
[ ] 465 OTHER IMMIGRATION
ACTIONS
PRISONER CIVIL RIGHTS
[ ] 550 CIVIL RIGHTS
[ ] 555 PRISON CONDITION
] 560 CIVIL DETAINEE
CONDITIONS OF CONFINEMENT
ACTIONS UNDER STATUTES
BANKRUPTCY
[ ]422 APPEAL
28 USC 158
[ ]423 WITHDRAWAL
28 USC 157
PROPERTY RIGHTS
M 820 COPYRIGHTS
[ ] 830 PATENT
[ ] 840 TRADEMARK
SOCIAL SECURITY
[ ]861 HIA(1395ff)
[ ]862 BLACK LUNG (923)
[ ]863 DIWC/DIWW (405(g))
[ ]864 SSID TITLE XVI
[ ] 865 RSI (405(g))
FEDERAL TAX SUITS
[ ] 870 TAXES (U.S. Plaintiff or
Defendant)
[ ]871 IRS-THIRD PARTY
26 USC 7609
OTHER STATUTES
J1375
f ]400
I )410
1)430
[ 1450
[ )460
[ ]470
]480
1490
FALSE CLAIMS
STATE
REAPPORTIONMENT
ANTITRUST
BANKS & BANKING
COMMERCE
DEPORTATION
RACKETEER INFLU
ENCED & CORRUPT
ORGANIZATION ACT
(RICO)
CONSUMER CREDIT
CABLE/SATELLITE TV
] 850 SECURITIES/
COMMODITIES/
EXCHANGE
] 890 OTHER STATUTORY
ACTIONS
1 891 AGRICULTURAL ACTS
] 893 ENVIRONMENTAL
MATTERS
] 895 FREEDOM OF
INFORMATION ACT
] 896 ARBITRATION
] 899 ADMINISTRATIVE
PROCEDURE ACT/REVIEWOR
APPEAL OF AGENCY DECISION
[ ] 950 CONSTITUTIONALITY OF
STATE STATUTES
QO YOU CUUM THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.?
JUDGE DOCKET NUMBER
NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32).
(PLACEANxINONEBOXONLY) ORIGIN
L*0 1 Original LJ2 Removed from L-I 3 Remanded Lj 4 Reinstated or QJ 5 Transferred from fj 6 Multidistrict fj 7 Appeal to District
Proceeding state Court from Reopened (Specify District) Litigation Judge from
a. .Mpti.s reprinted Appellate . jSSSrt JUd8e
I | b. At least one
party is pro se.
(PLACEAN x INONEBOXONLY) BASIS OF JURISDICTION IF DIVERSITY, INDICATE
1 U.S. PLAINTIFF 2 U.S. DEFENDANT [x] 3 FEDERAL QUESTION Q4 DIVERSITY CITIZENSHIP BELOW.
(U.S. NOT A PARTY)
CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)
(Place an [X] in one box for Plaintiff and one box for Defendant)
PTF DEF PTFDEF PTF DEF
CITIZEN OF THIS STATE [ ] 1 [ ] 1 CITIZEN OR SUBJECT OF A [ ] 3 [ ] 3 INCORPORATEDand PRINCIPAL PLACE [ ] 5 [ ] 5
FOREIGN COUNTRY OF BUSINESS IN ANOTHER STATE
CITIZENOF ANOTHER STATE []2 []2 INCORPORATED or PRINCIPAL PLACE []4[]4 FOREIGN NATION []6 []6
OF BUSINESS IN THIS STATE
PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)
Galleria del Corso 4, 20122 Milano
DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)
The Saul Zaentz Company: 2600 Tenth Street, Berkeley, California 94710
Miramax Film NY, LLC: 2540 Colorado Avenue, Suite 100E, Santa Monica, California 90404
DEFENDANT(S) ADDRESS UNKNOWN
REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN
RE9IBENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:
Check one: 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 8/12/2014 SJfitlATURE OF AT~K)RNE>>pF RECORD ADMITTED TO PRACTICE IN THIS DISTRICT
V^aX qf- vSL ( //&C*^4>\ t ] N0
\T-~4T*M>/ *-^-n V <j^v^p^ ^^ ^ YES (DATE ADMITTED Mo.Nov. Yr. 1994__)
RECEIPT# Attorney Bar Code #
Magistrate Judge isto bedesignated by the Clerk ofthe Court. .. TW'CjtW^SI^
Magistrate Judge is so Designated.
Ruby J. Krajick, Clerk of Court by Deputy Clerk, DATED .
UNITED STATES DISTRICTCOURT (NEWYORK SOUTHERN)
JUDGE MARRERO
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
14 CV 6510
-X
SUGARMUSIC S.p.A.
Plaintiff,
-against- COMPLAINT
THE SAUL ZAENTZ COMPANY and JURY TRIAL DEMANDED
MIRAMAX FILM NY, LLC
Defendants.
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Plaintiff Sugarmusic S.p.A. ("Sugarmusic"), by its attorneys, Reitler Kailas &
Rosenblatt LLC, avers as follows:
NATURE OF ACTION
1. Plaintiff Sugarmusic, based in Milan, Italy, publishes and administers
copyrights in musical compositions. Plaintiff seeks damages for willful copyright
infringement of one of its compositions by the defendants, The Saul Zaentz Company
("Zaentz") and Miramax Film NY, LLC ("Miramax")(Zaentz and Miramax are referred to
collectively hereafter as "Defendants"), in violation of the United States Copyright Act, 17
U.S.C. 101 et seq. (the "Copyright Act").
2. Defendants, without any authority to do so, copied and distributed
Plaintiffs copyrighted musical composition "E qui commando io" (the "Composition"),
attached hereto as Exhibit A, by incorporating the Composition, or a substantially similar
derivative work thereof, into the soundtrack of a feature film entitled "The English Patient"
(the "Film"), produced by defendant Zaentz and distributed by defendant Miramax, and by
reproducing and distributing copies of the Film incorporating the Composition, or by
authorizing third parties to do so.
3. Defendants have also publicly performed the Film or authorized others
to do so, without the authorization of Plaintiff.
4. Plaintiff seeks legal and equitable relief to remedy Defendants' willful
and continuing infringement of the Plaintiffs copyright. Plaintiff requests an order: (1)
declaring that Defendants' unauthorized copying, distribution and performance of the Film
willfully infringes plaintiffs copyright in violation of the Copyright Act; (2) prohibiting
Defendants from further infringement of the Plaintiffs copyright; and (3) awarding actual
damages and profits to the extent permitted under the Copyright Act.
JURISDICTION AND VENUE
5. This Court has subject matter jurisdiction over this action under the
copyright laws of the United States, 17 U.S.C. 101 et seq. and 28 U.S.C. 1331 and
1338.
6. Upon information and belief, this Court has personal jurisdiction over
the Defendants because Miramax and Zaentz have distributed and performed, and continue
to distribute and perform, the Film in New York and this District, or have authorized others
to do so, and are otherwise doing business in this State and in this jurisdiction.
7. Venue is proper in this District under 28 U.S.C. 1391(b), 28 U.S.C.
1391(c) and 28 U.S.C. 1400(a).
PARTIES
8. Plaintiff Sugarmusic S.p.A. is an Italian corporation with its principal
place of business at Galleria del Corso 4, 20122 Milano.
9. Upon information and belief, Defendant Miramax is a limited liability
company having a principal place of business at 2540 Colorado Avenue, Suite 100E, Santa
Monica, California.
10. Upon information and belief, Defendant Zaentz is a corporation having
a principal place of business at 2600 Tenth Street, Berkeley, California.
A. Ownership and Registration of Composition
11. Plaintiff is the copyright owner of the Composition, having acquired
the original publisher, Edizioni Suvini Zerboni S.p.A., by merger.
12. The Composition is an original work of authorship.
13. The Composition has been fixed in a tangible medium of expression.
14. The Composition contains substantial amounts of material created by
the authors' own skill, judgment and creativity.
15. The Composition is copyrightable under the laws of the United States.
16. The Composition was first published in Italy, which is party to both the
Berne Convention and the Universal Copyright Convention.
17. The Composition was not simultaneously published in the United
States, and therefore the Composition is not a "United States work" within the meaning of
the Copyright Act.
18. Because the Composition is not a "United States work" under the
Copyright Act, registration of copyright in the Composition is not a prerequisite to the
commencement of this action.
B. Infringement
19. The Composition is an original arrangement of a public domain
folksong from Italy (the "Folk Song"), attached as Exhibit B.
20. The Composition was published in Italy in 1971 by Sugarmusic's
predecessor in interest and has been widely distributed in print form.
21. Upon information and belief, Defendants had a reasonable opportunity
to view the published Composition prior to the making of the Film.
22. The original, public domain version of the Folk Song is not entitled "E
qui commando io" and in fact never uses these words.
23. The original, public domain version of the Folk Song is not in the
Italian language but in the dialect of the Lombardia region of northern Italy.
24. The Folk Song is instead called "Quele stradele," and its chorus begins
"E, che l'e la me ca', che."
25. The Folk Song lyrics were not used in the Film.
26. Instead, the Film incorporates the Italian language lyrics verbatim from
the Composition, beginning "e qui commando io."
27. The performance of the above Italian-language lyrics occurs in a
synchronized, on-screen vocal performance lasting approximately 49 seconds.
28. The above-referenced lyrics were created by Italian arrangers
Salvatore Golino, Mario Piovanao and Domenico Umberto Seren Gay, who were hired by
Sugarmusic's predecessor in interest to create the Composition.
29. The Italian language lyrics in the Composition are not a literal
translation of the Lombardian lyrics.
30. The melody incorporated into the soundtrack of Defendant's Film
during the performance of the above-referenced lyrics is also substantially similar to
protectable, original elements of the melody of the Composition.
31. Sugarmusic has never collected any performing or mechanical rights
payments for the worldwide exploitation of the Composition in the Film because, on
information and belief, the Defendants did not include the Composition in the musical cue
sheet of the Film.
32. Promptly after becoming aware of Defendants's unauthorized use of
the Composition in the Film, Sugarmusic contacted Defendants and advised Defendants of
the unauthorized use and requested, inter alia, that the Defendants correct the cue sheet of
the Film to reflect the inclusion of the Composition.
33. Defendants refused to correct the cue sheet as requested, and instead
continued exploiting the Film in disregard of the rights of the Plaintiff.
34. Plaintiff has suffered, and continues to suffer, from the infringing
activities of Defendants.
COUNT I
COPYRIGHT INFRINGEMENT
35. Plaintiff repeats and reavers the allegations contained in paragraphs 1
through 30 as if set forth fully herein.
36. Defendants' unauthorized copying of plaintiff s Composition into the
soundtrack of the Film, and subsequent public distribution and public performance of the
Film, were infringements of Plaintiff s copyright in violation of the Copyright Act, 17
U.S.C. 106.
37. As a direct and proximate result of the foregoing acts of the
Defendants, the Plaintiff has been damaged in an amount to be proved at trial.
WHEREFORE, the Plaintiff requests the following relief:
A. Actual damages and profits under 17 U.S.C. 504 in an amount to be
proved at trial;
B. A permanent injunction requiring the Defendants to cease and desist
from reproducing and distributing copies of the Film without authorization from the Plaintiff;
C. Such other and further relief as this Court deems just and proper.
Dated: New York, New York
August j 3, 2014
REITLER KAILAS &
ROSENBLATT, LLC
Attorneys for Plaintiff
K^^Ol^L ^ By: ~#
lobert W. Clarida
885 ThirdAvenue, 20th Floor
New York, NY 10022
Tel. (212) 209-3044
EXHIBIT A
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198
E QUI COMANDO IO
STRUMENTI in DO
Elaborazione di
M. PIOVANO - S. GOLINO - D. SEREN GAY
Alia mazurka
brillante
Programmare:
Piovano-fiolitio-Seren Say
E QUI GOMANDO 10
SUV1NI ZERBONI
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148. E QUI COMANDO IO
Elaborazione di M. PIOVANQ :
S. GOLINO - D. SEREN GAY
Quelle stradelle che tu mi fai far
cara Rasina
cara Rosina
quelle stradelle che tu mi fai far
cara Rosina le devi pagar.
E qui comando io
e questa e casa mia
ogni di voglio sapere
ogni di voglio sapere...
E qui comando io
e questa e casa mia
ogni di voglio sapere chi viene e chi va.
Devi pagarle con sangue e dolor
finche la luna
finche la luna
devi pagarle con sangue e dolor.
finche la luna la cambia i color.
E qui comando io
e questa e casa mia
ogni di voglio sapere
ogni di voglio sapere...
E qui comando io
e questa e casa mia
ogni di voglio sapere chi viene e chi va.
Quando la luna la cambia i color
vieni ch'e I'ora
vieni ch'e I'ora
quando la luna la cambia i color
vieni ch'e I'ora di fare I'amor.
E qui comando io
e questa e casa mia
ogni di voglio sapere
ogni di voglio sapere...
E qui comando io
e questa e casa mia
ogni di voglio sapere chi viene e chi va.
E qui comando io
e questa e casa mia
ogni di voglio sapere
ogni di voglio sapere...
E qui comando io
e questa e casa mia
ogni di voglio sapere chi viene e chi va.
EXHIBIT B
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