Professional Documents
Culture Documents
Javier "El Tamarindo" González Sues Oplaai
Javier "El Tamarindo" González Sues Oplaai
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27 DEMAND FOR JURY TRIAL
28
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11 owned and/or administered by Plaintiff Tons Rekordsz, Inc., and from Defendants’
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1 existing under the laws of the State of Arizona, with its principal place of business
2 located in Maricopa County, Arizona.
3 6. Plaintiff Tons Rekordsz, Inc. (“Tons”) is an independent music
4 publishing company, also owned by Gonzalez, which is registered with the
5 Performing Rights Organizations BMI (as “Tonz Rekordsz”), ASCAP (as “Klak
6 Hits”), and SESAC (as “Zoe Hits”). Tons is, and at all relevant times was, a
7 corporation organized and existing under the laws of the State of Arizona, with its
8 principal place of business located in Maricopa County, Arizona.
9 7. Defendant Marylu Ramos Gonzalez (“Ramos”) is an individual.
10 Plaintiffs are informed and believe, and based thereon allege, that Ramos is, and at
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11 all relevant times has been, a Los Angeles County, California resident.
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11 14. Upon information and belief, this Court has personal jurisdiction over
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12 the Defendants because Defendants have reproduced, publicly distributed, sold, and
13 trafficked in the infringing works, or authorized others to do so, in California and in
14 this Judicial District, and are otherwise transacting business in this State and in this
15 District.
16 15. Venue is appropriate in this Judicial District pursuant to 28 U.S.C. §§
17 1391(b) and (c) and 1400 in that a substantial part of the events or omissions giving
18 rise to the claims herein occurred in this District and at the time of the
19 commencement of this action, Defendants are subject to personal jurisdiction in this
20 District.
21 FACTS COMMON TO ALL CAUSES OF ACTION
22 Gonzalez and Oplaai Enter Into The Distribution Agreement
23 16. According to its website, Defendant Oplaai is an “[i]ndependent global
24 leader in music distribution, artist and label services, rights management, public
25 relations, digital marketing and social media.” Oplaai claims to provide the
26 following services: “Monetization on YouTube. Receive money when people listen
27 to your music on YouTube. We help you resolve conflicts with your channel, create
28 strategies for your next launch and optimize, monetize the content.” It also claims to
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1 provide “Digital Distribution” services: “Easily distribute your music on the most
2 important platforms for global reach. We provide personalized customer service, so
3 that your music has a presence on each of these platforms and reaches the ears of
4 your fans and potential fans. We work with independent artists and labels.”
5 17. Plaintiffs are informed and believe, and based thereon allege, that
6 Defendants Ramos and Zambrano operate and control Oplaai, serving jointly as its
7 Chief Executive Officers.
8 18. In or about April 2018, Tamarindo and Oplaai, through their respective
9 officers Gonzalez and Ramos, entered into an oral agreement whereby Tamarindo
10 granted Oplaai a two-year license to distribute and otherwise exploit Tamarindo’s
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12 and albums of sound recordings (the “Catalog”) that Tamarindo would deliver to
13 Oplaai during the two year period. The parties further agreed that the license could
14 be renewed for subsequent one-year terms if both parties agreed to the renewal.
15 19. Thereafter, Oplaai prepared a written document attempting to
16 memorialize the parties’ oral agreement. Gonzalez signed the written document, but
17 Oplaai did not. Accordingly, no written agreement was formed. The parties’ oral
18 agreement is referred to herein as the “Distribution Agreement.”
19 20. The following additional terms of the Distribution Agreement were
20 agreed upon and/or established as a result of either express agreements between
21 Gonzalez and Ramos or through the course of dealing between the parties, which
22 lasted approximately five years from April 2018 through April 11, 2023:
23 (a) Oplaai would distribute the Catalog utilizing various Digital Service
24 Providers (“DSPs”) including but not limited to online stores or streaming
25 services that feature digital albums, singles, or audiovisuals, including
26 without limitation Spotify, Pandora, Apple Music, Amazon, and Deezer;
27 (b) Oplaai would collect all revenue derived from the exploitation of the
28 Catalog and deduct agreed upon costs to calculate net revenue, and then retain
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1 30% of the net revenue (as a distribution fee) and pay 70% of the net revenue
2 to Tamarindo (as a royalty);
3 (c) Oplaai would not incur any third-party expenses on Tamarindo’s behalf
4 without Tamarindo’s prior approval; and
5 (d) Oplaai would provide Tamarindo with regular accounting statements
6 reflecting Oplaai’s calculation of net revenues earned from the distribution of
7 the Catalog and the amount of royalties owed and paid to Tamarindo.
8 The Parties Amend the Distribution Agreement
9 21. In or around August 2018, Gonzalez, aware that other distributors like
10 Oplaai charged distribution fees lower than 30%, asked Ramos to reduce Oplaai’s
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11 distribution fee. Ramos, on behalf of Oplaai, agreed and Oplaai and Tamarindo
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12 orally amended the Distribution Agreement to lower the distribution fee from 30%
13 to 20% such that Tamarindo would thereafter be entitled to 80% of all net revenue
14 collected by Oplaai from its exploitation of the Catalog (“Amendment No. 1”).
15 22. As a result of Amendment No. 1, between August 2018 and February
16 2021, Oplaai provided Tamarindo with accounting statements that indicated that
17 Oplaai was charging a distribution fee of 20%, and Tamarindo was earning royalties
18 of 80% of net revenue.
19 Tamarindo’s Relationship With Carin Leon
20 23. As relevant to this action, Tamarindo signed third-party recording artist
21 Óscar Armando Díaz de León Huez, professionally known as Carin Leon
22 (hereinafter, “Carin Leon”) to a January 23, 2021 Exclusive Multiple Rights
23 Recording Agreement between Carin Leon and Tamarindo (the “Recording
24 Agreement”). Per the Recording Agreement, Carin Leon agreed that all rights
25 relating to sound recordings recorded and delivered by Carin Leon during the term
26 of the agreement, including all copyrights, would be deemed irrevocably assigned
27 and transferred to Tamarindo, and owned by Tamarindo in perpetuity.
28 24. The Recording Agreement also provided that all rights relating to Carin
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Distribution Agreement
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1 owner of all rights (including copyrights) in and to all sound recordings and
2 audiovisual recordings recorded by Carin Leon during the term of the Recording
3 Agreement. Under the Release Agreement, Leon also irrevocably assigned to
4 Tamarindo all right, title, and interest (including copyrights) in and to all sound
5 recordings and audiovisual recordings recorded by Leon between February 16, 2018
6 and the effective date of the Release Agreement, and confirmed that such works
7 shall be owned by Tamarindo. Attached hereto as Schedule A is a true and correct
8 copy of the sound recordings subject to the Release Agreement that are registered by
9 Tamarindo with the United States Copyright Office.
10 30. At that time, Carin Leon and Gonzalez also negotiated a written
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11 Songwriter Agreement, which was entered into by Carin Leon and Tons (the
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1 and downloads. Gonzalez requested that the reports include the gross income that
2 Oplaai collected before reporting net revenues to Tamarindo, as required by the
3 Distribution Agreement. Ramos responded in writing that she would generate the
4 reports, but claimed she had no obligation to do so. She also advised Gonzalez that
5 Oplaai had used, and was currently using, a third-party company known as FUGA to
6 upload audio to the DSPs, but assured Gonzalez that Oplaai considered the amounts
7 charged by FUGA as an operating cost of Oplaai and was not charging any such
8 costs to Tamarindo or any other clients.
9 33. Plaintiffs are informed and believe, and based thereon allege, that,
10 contrary to Ramos’ representation, and without the knowledge or approval of
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11 Plaintiffs, Oplaai improperly paid FUGA using the royalties owed to Tamarindo
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12 even though Oplaai was solely responsible for such costs. More specifically,
13 Plaintiffs are informed and believe, and based thereon allege, that (i) FUGA
14 collected Catalog royalties from the DSPs for Oplaai, (ii) FUGA deducted a
15 commission for this service and then remitted the remainder to Oplaai, (iii) Oplaai
16 deducted a distribution fee from the remaining amount, and (iv) Oplaai remitted the
17 balance to Tamarindo, all without the prior knowledge or approval of Plaintiffs. The
18 Distribution Agreement did not allow Oplaai to pay any monies to a third party on
19 Tamarindo’s behalf without Tamarindo’s prior approval.
20 34. As a result, and absent an accounting (which, as discussed below,
21 Oplaai has refused to submit to), Tamarindo cannot determine the full extent to
22 which Oplaai underreported to and underpaid Tamarindo.
23 Oplaai Rejects Tamarindo’s Audit Requests, Refuses to Assist
Tamarindo in Changing Distributors, Unilaterally Increases Its
24
Distribution Fee, and Illegally Withholds Months Of Royalties
25 Owed to Tamarindo
26 35. As a royalty recipient, under California Civil Code §§2500 and 2501,
27 Tamarindo had the right to audit the books and records of the royalty reporting
28 party—here, Oplaai—to determine if Tamarindo was receiving all the royalties due
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1 reminding them that the Distribution Agreement was set to terminate per the March
2 2023 Termination Notice, and requesting the Migration Files before April 12, 2023.
3 Ramos responded, claiming that she did not receive any such letter or request. She
4 also stated that Oplaai “would like to be able to negotiate and see how we can
5 continue working with [Gonzalez]. If he is looking for an advance ? [sic] Selling or
6 a lower percentage we are more than happy to negotiate.”
7 41. On April 5, 2023, Plaintiffs’ counsel emailed Oplaai, Ramos, and
8 Zambrano the March 2023 Termination Notice, the emails showing prior delivery of
9 the Notice, and the prior request for the Migration Files. Despite this, Ramos
10 continued to refuse to provide the migration files or submit to an audit.
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12 Files and to submit to the requested audit, on April 12, 2023, Plaintiffs’ counsel sent
13 a letter to Oplaai, Ramos, and Zambrano reiterating the termination of the
14 Distribution Agreement, demanding that Oplaai return all master recordings to
15 Tamarindo, provide the requested Migration Files and provide Tamarindo access to
16 all Oplaai’s books and records so that the requested audit could be conducted.
17 43. On April 20, 2023, Oplaai’s counsel responded to the demand letter,
18 affirming that the Distribution Agreement was terminated and that “my client has
19 instructed its distributor to take down all Tamarindo-controlled content.” However,
20 Oplaai’s counsel wrongfully refused the requested audit, falsely claiming that
21 Oplaai had “overpaid” Tamarindo. Rather, Oplaai’s counsel stated that “any and all
22 pipeline monies hereafter becoming due to Tamarindo will be suspended pending
23 full reconciliation of the overpayment,” and instead would be “deposited in an
24 escrow account pending resolution.”
25 44. On or about June 5, 2023, Oplaai provided Tamarindo with an
26 accounting statement for the March 2023 accounting period, indicating that Oplaai
27 was charging Tamarindo a 30% distribution fee. Oplaai did not provide Tamarindo
28 with an accounting statement for February 2023. On July 5, 2023, Oplaai provided
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1 Tamarindo with an accounting statement for the April 2023 accounting period, again
2 indicating that Oplaai was charging Tamarindo a 30% distribution fee. Oplaai has
3 not paid Tamarindo any royalties for the February, March, or April 2023 accounting
4 periods.
5 45. Oplaai’s charging of a 30% distribution fee is a material breach of the
6 Distribution Agreement, as amended by Amendment Nos. 1 and 2. Moreover, the
7 unauthorized fee was charged after Tamarindo had notified Oplaai that the
8 Distribution Agreement would terminate effective April 11, 2023, and after
9 Tamarindo had requested that Oplaai submit to an audit. Plaintiffs are informed and
10 believe, and based thereon allege, that Oplaai improperly and unilaterally increased
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11 its distribution fee and failed to pay Tamarindo royalties for any period after
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12 February 2023 in bad faith retaliation for Tamarindo seeking an audit and
13 terminating the Distribution Agreement.
14 Defendants Continue to Exploit Plaintiffs’ Copyrighted Works
Without Authorization
15
16 46. Tamarindo and its predecessors-in-interest have always owned the
17 exclusive copyrights in the Sound Recordings identified in Schedule A attached
18 hereto. Moreover, through the Release Agreement, Tamarindo acquired all its
19 predecessors-in-interests’ rights associated with, and relating to, the Sound
20 Recordings. Tamarindo has duly registered the Sound Recordings with the United
21 States Copyright Office. The corresponding copyright registration numbers for each
22 Sound Recording are listed in Schedule A. Tamarindo is the exclusive owner of all
23 the rights in the Sound Recordings provided by 17 U.S.C. § 106, including the
24 exclusive rights to reproduce, sell, distribute, publicly perform, and make derivative
25 works of the Sound Recordings.
26 47. Gonzalez and/or Carin Leon were authors of each of the Compositions
27 identified in Schedule B attached hereto. Pursuant to the Songwriter Agreement,
28 Tons has the exclusive right to publicly perform, manufacture, distribute, license
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1 and otherwise commercially exploit each of the Compositions, and to collect the
2 royalties generated from the commercial exploitation of the Compositions, or
3 portions thereof, written by Carin Leon. Also, Tons has, to the extent of Gonzalez’
4 authorship of the Compositions, the exclusive right to publicly perform,
5 manufacture, distribute, license and otherwise commercially exploit each of the
6 Compositions, and to collect the royalties generated from the commercial
7 exploitation of the Compositions.
8 48. While Oplaai had the right to distribute and exploit the Sound
9 Recordings during the term of the Distribution Agreement, Oplaai’s rights
10 terminated when Tamarindo validly terminated the Distribution Agreement effective
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11 April 11, 2023. Accordingly, after the termination of the Distribution Agreement,
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12 neither Oplaai, Ramos, or Zambrano had the right to copy, sell, distribute, license,
13 or publicly perform any of the Sound Recordings. Nor did they have a license or
14 right to exploit the Compositions.
15 49. Nonetheless, even after confirming that the Distribution Agreement
16 was terminated and representing that it had instructed its distributor to take down all
17 Tamarindo-controlled content, Oplaai, at Ramos’ and Zambrano’s direction, has
18 continued to distribute and exploit the Sound Recordings without license or
19 authorization, in violation of Tamarindo’s exclusive rights under 17 U.S.C. § 106
20 including, but not limited to, the right to sell, distribute, reproduce, synchronize, or
21 publicly perform Tamarindo’s Sound Recordings via transmission on online digital
22 media distribution platforms, including YouTube, Apple Music, Spotify, Facebook,
23 Trebel Music, and Amazon.
24 50. Plaintiffs are informed and believe, and based thereon allege, that
25 Oplaai collected revenue from YouTube, Apple Music, Spotify, Facebook, Trebel
26 Music, Amazon, and other DSPs as a result of its unauthorized distribution and
27 exploitation of the Sound Recordings.
28 51. Moreover, subsequent to the April 11, 2023 termination of the
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11 for February 2023 and failed to pay royalties to Tamarindo for that period;
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12 perform the Sound Recordings without authorization from Tamarindo after the
13 termination of the Distribution Agreement effective April 11, 2023.
14 59. Tamarindo is informed and believes, and thereupon alleges, that Oplaai
15 benefitted from and continues to benefit from said unauthorized exploitation of the
16 Sound Recordings.
17 60. By distributing, synchronizing, and publicly performing the Sound
18 Recordings by means of digital transmission, Oplaai violated, and continues to
19 violate, Tamarindo’s exclusive rights under 17 U.S.C. § 106.
20 61. Oplaai had actual or constructive awareness that their unauthorized
21 copying, sale, distribution, synchronization, and public performance of the Sound
22 Recordings constituted infringement of the Sound Recordings. Alternatively,
23 Oplaai’s acts of infringement resulted from a reckless disregard for, or willful
24 blindness to, Tamarindo’s rights.
25 62. Tamarindo has suffered actual damages as a direct and proximate result
26 of Oplaai’s infringement of Tamarindo’s exclusive rights, which it is entitled to
27 recover pursuant to 17 U.S.C. § 504(b).
28 63. Tamarindo is further entitled to recover Oplaai’s profits attributable to
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12 66. Plaintiffs are informed and believe, and based thereon allege, that
13 Ramos and Zambrano are joint Chief Executive Officers of Oplaai, and that they
14 dictate Oplaai’s business strategy and actions. Plaintiffs are further informed and
15 believe, and based thereon allege, that Ramos and Zambrano financially benefit
16 directly from Oplaai’s business activities, including Oplaai’s unauthorized copying,
17 sale, distribution and public performance of the Sound Recordings and
18 Compositions, by virtue of the fact that Ramos and Zambrano are members of
19 Oplaai. Plaintiffs are further informed and believe, and based thereon allege, that
20 Ramos and Zambrano perform marketing, business, administrative, and technology
21 functions in connection with Oplaai’s distribution of sound recordings, including
22 Oplaai’s unlawful copying, sale, distribution and public performance of the Sound
23 Recordings.
24 67. Plaintiffs are informed and believe, and based thereon allege, that in
25 addition to the financial benefits Ramos and Zambrano receive as members of
26 Oplaai, Ramos and Zambrano also receive a percentage of Oplaai’s gross income
27 from its business activities, including Oplaai’s unauthorized sale, distribution and
28 public performance of the Sound Recordings and Compositions via digital
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11 publicly perform, and otherwise exploit the Sound Recordings on DSPs after the
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12 Distribution Agreement was terminated and after Plaintiffs demanded that Oplaai
13 cease their acts of infringement.
14 70. Plaintiffs are informed and believe, and based thereon allege, that
15 Ramos and Zambrano have an obvious and direct financial interest in Oplaai’s
16 unauthorized copying, sale, distribution, and public performance of the Sound
17 Recordings, by virtue of the fact that Ramos and Zambrano are members and co-
18 managers of Oplaai and that Ramos and Zambrano directly receive income and/or
19 benefit financially from the increased value of Oplaai as a result of Oplaai’s
20 infringement of the Sound Recordings.
21 71. Plaintiffs are informed and believe, and based thereon allege, that in
22 addition to the financial benefits Ramos and Zambrano receive as members of
23 Oplaai, Ramos and Zambrano also receive a percentage of Oplaai’s gross income
24 from its business activities, including Oplaai’s unauthorized sale, distribution and
25 public performance of the Sound Recordings, in exchange for performing the
26 services previously described.
27 72. The acts of infringement by all Defendants have been willful,
28 intentional, and purposeful in disregard of, and with indifference to, the rights of
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1 Tamarindo.
2 73. Ramos and Zambrano’s conduct, as alleged, constitutes vicarious
3 infringement of the Sound Recordings and the exclusive rights under copyright, in
4 violation of 17 U.S.C. § 106, 17 U.S.C. § 115, and 17 U.S.C. 501.
5 74. Tamarindo has suffered actual damages as a direct and proximate result
6 of Ramos and Zambrano’s vicarious infringement of Tamarindo’s exclusive rights,
7 which it is entitled to recover pursuant to 17 U.S.C. § 504(b).
8 75. Tamarindo is further entitled to recover Ramos and Zambrano’s profits
9 attributable to the infringement, pursuant to 17 U.S.C. § 504(b).
10 76. Tamarindo is entitled injunctive relief in the form of a temporary
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12 Ramos and Zambrano and all persons acting in concert with them from further
13 engaging in such acts of copyright infringement.
14 THIRD CLAIM FOR RELIEF
15 (Contributory Copyright Infringement of the Sound Recordings Against
16 Ramos, Zambrano, And Does 1-100)
17 77. All prior paragraphs and allegations are incorporated and realleged
18 herein by this reference.
19 78. Ramos and Zambrano knew of Oplaai’s acts of infringement.
20 79. Plaintiffs are informed and believe, and based thereon allege, that
21 Ramos and Zambrano knowingly contributed to Oplaai’s acts of infringement by (i)
22 directing Oplaai to engage in its unauthorized sale, copying, reproduction,
23 synchronization, distribution and/or performance of the Sound Recordings after the
24 Distribution Agreement was terminated and even after Tamarindo demanded that
25 Oplaai cease their infringing activity and (ii) working directly with YouTube,
26 Amazon, Facebook, Spotify, and others to market, promote, and otherwise
27 maximize the revenue generated by the Sound Recordings appearing on those
28 platforms even though they knew that Oplaai had no right to create, distribute or
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12 82. Through their actions and/or inaction, Ramos and Zambrano knowingly
13 induced, caused, or materially contributed to copyright infringement by Oplaai and
14 each should be held liable as contributory infringers.
15 83. The acts of infringement by all Defendants have been willful,
16 intentional, and purposeful in disregard of, and with indifference to, the rights of
17 Tamarindo.
18 84. Ramos’s and Zambrano’s conduct, as alleged, constitutes contributory
19 infringement of the Sound Recordings and the exclusive rights under copyright, in
20 violation of 17 U.S.C. § 106, 17 U.S.C. § 115, and 17 U.S.C. § 501.
21 85. Tamarindo has suffered actual damages as a direct and proximate result
22 of Ramos’s and Zambrano’s contributory infringement of Tamarindo’s exclusive
23 rights, which it is entitled to recover pursuant to 17 U.S.C. § 504(b).
24 86. Tamarindo is further entitled to recover Ramos’s and Zambrano’s
25 profits attributable to the infringement, pursuant to 17 U.S.C. § 504(b).
26 87. Tamarindo is entitled injunctive relief in the form of a temporary
27 restraining order, preliminary injunction, and permanent injunction restraining
28 Ramos and Zambrano and all persons acting in concert with them from further
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11 91. Each of the musical works and albums comprising the Compositions
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11 acts of infringement resulted from a reckless disregard for, or willful blindness to,
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12 Tons’ rights.
13 98. Tons is entitled to injunctive relief in the form of a temporary
14 restraining order, preliminary injunction, and permanent injunction restraining
15 Oplaai, its officers, members, directors, agents, employees, representatives, and all
16 persons acting in concert with Oplaai from further engaging in such acts of
17 copyright infringement.
18 99. Pursuant to 17 U.S.C.§ 504(b), Tons is entitled to recover from Oplaai
19 its actual damages, according to proof, for the infringement of the Compositions.
20 100. Tons is further entitled to recover Oplaai’s profits attributable to the
21 infringement, pursuant to 17 U.S.C. § 504(b).
22 101. Alternatively, pursuant to 17 U.S.C.§ 504(c), Tons may elect, prior to
23 trial, to recover from Oplaai up to One Hundred and Fifty Thousand Dollars
24 ($150,000.00) in statutory damages for each registered work of the 40 Compositions
25 willfully infringed by Oplaai, totaling Six Million Dollars ($6,000,000.00).
26 102. Pursuant to 17 U.S.C. § 505, Tons is further entitled to recover from
27 Oplaai the reasonable attorneys’ fees and legal costs incurred by Tons as a result of
28 Oplaai’s acts of copyright infringement.
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11 107. Plaintiffs are informed and believe, and based thereon allege, that, as
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12 members of Oplaai, Ramos and Zambrano possessed the right and ability to
13 supervise Oplaai’s acts of infringement of the Compositions and intentionally
14 directed Oplaai to continue to copy, sell, distribute, synchronize, and publicly
15 perform the Compositions on DSPs after the Distribution Agreement was terminated
16 and after Plaintiffs demanded that Oplaai cease their acts of infringement.
17 108. Plaintiffs are informed and believe, and based thereon allege, that
18 Ramos and Zambrano have an obvious and direct financial interest in Oplaai’s
19 unauthorized copying, sale, distribution, and public performance of the
20 Compositions, by virtue of the fact that Ramos and Zambrano are members of
21 Oplaai and that Ramos and Zambrano directly receive income and/or the increased
22 value of Oplaai as a result of Oplaai’s infringement of the Compositions.
23 109. Plaintiffs are informed and believe, and based thereon allege, that in
24 addition to the financial benefits Ramos and Zambrano receive as members of
25 Oplaai, Ramos and Zambrano also receive a percentage of Oplaai’s gross income
26 from its business activities, including Oplaai’s unauthorized sale, distribution, and
27 public performance of the Compositions, in exchange for performing the services
28 previously described.
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12 and Zambrano its actual damages, according to proof, for the vicarious infringement
13 of the Sound Recordings.
14 114. Tons is further entitled to recover Ramos’s and Zambrano’s profits
15 attributable to the infringement, pursuant to 17 U.S.C. § 504(b).
16 115. Alternatively, pursuant to 17 U.S.C. § 504(c), Tons may elect, prior to
17 trial, to recover from Ramos and Zambrano up to One Hundred and Fifty Thousand
18 Dollars ($150,000.00) in statutory damages for each registered work of the 40
19 Compositions willfully infringed by Ramos and Zambrano, totaling Six Million
20 Dollars ($6,000,000.00).
21 116. Pursuant to 17 U.S.C. § 505, Tons is further entitled to recover from
22 Ramos and Zambrano the reasonable attorneys’ fees and legal costs incurred by
23 Tons as a result of Ramos’s and Zambrano’s acts of copyright infringement.
24 SIXTH CLAIM FOR RELIEF
25 (Contributory Copyright Infringement Compositions Against Ramos,
26 Zambrano, And Does 1-100)
27 117. All prior paragraphs and allegations are incorporated and realleged
28 herein by this reference.
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12 trial, to recover from Ramos and Zambrano up to One Hundred and Fifty Thousand
13 Dollars ($150,000.00) in statutory damages for each registered work of the 40
14 Compositions willfully infringed by Ramos and Zambrano, totaling Six Million
15 Dollars ($6,000,000.00).
16 129. Pursuant to 17 U.S.C. § 505, Tons is further entitled to recover from
17 Ramos and Zambrano the reasonable attorneys’ fees and legal costs incurred by
18 Tons as a result of Ramos’s and Zambrano’s acts of copyright infringement.
19 SEVENTH CLAIM FOR RELIEF
20 (Breach of Contract Against Oplaai)
21 130. All prior paragraphs and allegations are incorporated and realleged
22 herein by this reference.
23 131. Tamarindo and Oplaai were parties to the legal and enforceable
24 Distribution Agreement, as amended.
25 132. At all relevant times, Tamarindo performed its obligations under the
26 Distribution Agreement, as amended.
27 133. Oplaai materially breached the Distribution Agreement, as amended, by
28 failing to timely and accurately account to Tamarindo, failing to pay Tamarindo the
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1 accounts are, and at all relevant times were, created in the regular course of Oplaai’s
2 business and kept in a reasonably permanent form and manner.
3 151. Oplaai has become indebted to Tamarindo on these accounts in an
4 amount equal to Oplaai’s underpayment of the income Oplaai has received and
5 continues to receive, from their exploitation of the Catalog.
6 152. As such, the outstanding balance actually owed by Oplaai to Tamarindo
7 on these accounts includes a calculation of the amount of underpayment and can be
8 determined by examining all of the debits and credits recorded for each account.
9 PRAYER FOR RELIEF
10 WHEREFORE, Plaintiffs demand judgment against Defendants as follows:
KINSELLA HOLLEY ISER KUMP STEINSAPIR LLP
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Rekordsz, Inc.
LOS ANGELES, CALIFORNIA 90025
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8 SR0000960649 El Invierno Pasado feat. Jean Piero: Carin 5/11/2023 Carin Leon Tamarindo
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11766 WILSHIRE BOULEVARD, SUITE 750
Leon. Rekordsz
TEL 310.566.9800 • FAX 310.566.9850
LOS ANGELES, CALIFORNIA 90025
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COMPLAINT
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Rekordsz
TEL 310.566.9800 • FAX 310.566.9850
LOS ANGELES, CALIFORNIA 90025
30953-00002/834256.1 2
COMPLAINT
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30953-00002/834256.1 3
COMPLAINT
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Rekordsz
TEL 310.566.9800 • FAX 310.566.9850
LOS ANGELES, CALIFORNIA 90025
30953-00002/834256.1 4
COMPLAINT
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Rekordsz
TEL 310.566.9800 • FAX 310.566.9850
LOS ANGELES, CALIFORNIA 90025
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11766 WILSHIRE BOULEVARD, SUITE 750
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Javier Gonzalez
TEL 310.566.9800 • FAX 310.566.9850
LOS ANGELES, CALIFORNIA 90025
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COMPLAINT
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11766 WILSHIRE BOULEVARD, SUITE 750
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