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"'
JS 44C/SDNY REV. 4/2014
CIVIL COVER SHEET
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, except as provided by local
rules of court This form, approved by the Judicial Conference of
the United States in September 1974, is required for use of the
Clerk of Court for the purpose of initiating the civil docket
sheet
.
PLAINTIFFS DEFENDANTS EMI FEIST CATALOG, INC., et al.
ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER Pryor
Cashman LLP
SLEP-TO~ ENQTAIN~T CORPORATION, et al. ~ . '-'v 200 ATTORNEYS
(IF NOWN) ~ 9
7 Times Square, New York, New York 10023,212-421-4100, and Law
Offices of Paul Harrison Stacey, P.C., 7225 N. Spring Gulch Road,
P.O. Box 4157. Jackson, WY 83001; 307-733-7333 D CAUSE OF ACTION
(CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A
BRIEF STATEMENT OF CAUS~
(00 NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY) 17 USCA
sec. 501, et seq.; copyright infrigement
Has this action, case, or proceeding, or one essentially the
same been previously filed in SONY at any time? Nilles0Judge
Previously Assigned
If yes, was this case Vol. D lnvol. D Dismissed. No D Yes D If
yes, give date---------& Case No.---------Is THIS AN
INTERNAnONAL ARBITRATION CASE? No
(PLACE AN [x]IN ONE BOX ONLY)
CONTRACT
[ ]110 INSURANCE [ ]120 MARINE [ ]130 MILLER ACT [ J 140
NEGOTIABLE
INSTRUMENT [ ]150 RECOVERY OF
OVERPAYMENT & ENFORCEMENT OF JUDGMENT
[ ]151 MEDICARE ACT ! I 152 RECOVERY OF
DEFAULTED STUDENT LOANS (EXCL VETERANS)
[ J 153 RECOVERY OF OVERPAYMENT OF VETERAN'S BENEFITS
[ ]160 STOCKHOLDERS SUITS
[ ]190 OTHER CONTRACT
[ ]195 CONTRACT PRODUCT LIABILITY
[ ]196 FRANCHISE
REAL PROPERTY
[ 1210 LAND CONDEMNATION
[ ]220 FORECLOSURE [ ]230 RENT LEASE &
EJECTMENT [ ]240 TORTS TO LAND [ ]245 TORT PRODUCT
LIABILITY [ ]290 ALL OTHER
REAL PROPERTY
TORTS
PERSONAL INJURY
[ ]31 0 AIRPLANE [ ]315 AIRPLANE PRODUCT
LIABILITY I ]320 ASSAULT, LIBEL &
SLANDER [ ] 330 FEDERAL
EMPLOYERS' LIABILITY
I ] 340 MARINE [ ]345 MARINE PRODUCT
LIABILITY [ J 350 MOTOR VEHICLE [ ] 355 MOTOR VEHICLE
PRODUCT LIABILITY I ] 360 OTHER PERSONAL
INJURY [ ] 362 PERSONAL INJURY-
MED MALPRACTICE
ACTIONS UNDER STATUTES
CIVIL RIGHTS
[ ]440 OTHER CIVIL RIGHTS (Non-Prisoner)
[ ]441 VOTING [ ]442 EMPLOYMENT I ]443 HOUSING/
ACCOMMODATIONS I ] 445 AMERICANS WITH
DISABILITIES -EMPLOYMENT
[ ]446 AMERICANS WITH DISABILITIES -OTHER
[ 1448 EDUCATION
Check if demanded in complaint:
D CHECK IF THIS IS A CLASS ACTION UNDER F.RC.P. 23
Yes D NATURE OF SUIT
PERSONALINJURY FORFEITURE/PENALTY [ I 367 HEAL THCAREI
PHARMACEUTICAL PERSONAL 1 1625 DRUG RELATED INJURY/PRODUCT
LIABILITY SEIZURE OF PROPERTY [ ]365 PERSONAL INJURY 21 USC 881
PRODUCT LIABILITY [ ]368 ASBESTOS PERSONAL [ I 690 OTHER
INJURY PRODUCT LIABILITY
PERSONAL PROPERTY
[ 1370 OTHER FRAUD [ I 371 TRUTH IN LENDING
[ I 360 OTHER PERSONAL PROPERTY DAMAGE [ I 365 PROPERTY DAMAGE
PRODUCT LIABILITY
PRISONER PETITIONS [ ]463 ALIEN DETAINEE [ ]510 MOTIONS TO
VACATE SENTENCE 28 usc 2255 [ I 530 HABEAS CORPUS
[ J535DEATHPENALTY [ j540 MANDAMUS & OTHER
PRISONER CIVIL RIGHTS
[ ]550 CIVIL RIGHTS [ ]555 PRISON CONDITION [ 1560 CIVIL
DETAINEE
LABOR
[ I 710 FAIR LABOR STANDARDS ACT [ I 720 LABORIMGMT
RELATIONS
[ 1740 RAILWAY LABOR ACT [ ] 751 FAMILY MEDICAL LEAVE ACT (FMLA)
[ ] 790 OTHER LABOR
LITIGATION [ ]791 EMPL RET INC
SECURITY ACT
IMMIGRATION
[ J 482 NATURALIZATION APPLICATION
[ 1465 OTHER IMMIGRATION ACTIONS
CONDITIONS OF CONFINEMENT
ACTIONS UNDER STATUTES
BANKRUPTCY
[ ]422 APPEAL 28 usc 158
( ]423 WITHDRAWAL 28 usc 157
PROPERTY RIGHTS
[)(] 820 COPYRIGHTS [ 1830 PATENT [ 1840 TRADEMARK
SOCIAL SECURITY
( J 861 HIA (13951!) [ ]862 BLACK LUNG (923) [ 1 863 DIWC/DIWW
(405(g)) [ ]864 SSID TITLE XVI ( J 665 RSI (405(g))
FEDERAL TAX SUITS
[ 1870 TAXES (U.S. Plaintiff or Defendant)
[ ]671 IRS-THIRD PARTY 26 usc 7609
OTHER STATUTES
11 375 FALSE CLAIMS 400 STATE REAPPORTIONMENT
[ ]410ANTITRUST I 1430 BANKS & BANKING I 1450 COMMERCE [ J
460 DEPORTATION [ J 470 RACKETEER INFLU-
ENCED & CORRUPT ORGANIZATION ACT (RICO)
[ 1460 CONSUMER CREDIT [ 1490 CABLE/SATELLITE TV
[ I 850 SECURITIES/ COMMODITIES/ EXCHANGE
I ]890 OTHER STATUTORY ACTIONS
I 1891 AGRICULTURAL ACTS
I ]893 ENVIRONMENTAL MATTERS
[ ]895 FREEDOM OF INFORMATION ACT
I ] 896 ARBITRATION [ J 899 ADMINISTRATIVE
PROCEDURE ACTIREVIEWC APPEAL OF AGENCY DECISI
[ ]950 CONSTITUTIONALITY STATE STATUTES
~Osb?W1..t,1J:M THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING
IN S.D.N.Y.?
DEMAND $25,000,000 OTHER Injunction JUDGE Louis L. Stanton
DOCKET NUMBER13-cv-749 (LLS) Check YES only if demanded in
complaint JURY DEMAND: ~YES 0\10 NOTE: You must also submit at the
time of filing the Statement of Relatedness form (Form IH-3
-
(PLACE AN X-IN 'oNE BOX ONLY) -"
lRJ 1 Original D 2 D 3 Removed from Proceeding State Court
D a. an partie represented b. At least one
party is pro se.
Remanded from Appellate Court
ORIGIN D 4 Reinstated or
Reopened 5 Transferred from
{Specify District) 6 Multidistrict
litigation 7 Appeal to District
Judge from Magistrate Judge Judgment
(PLACE AN x INONEBOXONLY) BASIS OF JURISDICTION 0 1 U.S.
PLAINTIFF 2 U.S. DEFENDANT [RJ 3 FEDERAL QUESTION 04 DIVERSITY
IF DIVERSITY, INDICATE 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 PTF DEF CITIZEN OF THIS STATE [ ]1 [ ]1 CITIZEN OR
SUBJECT OF A
FOREIGN COUNTRY
PTF DEF []3[]3 INCORPORATED and PRINCIPAL PLACE [ ]5 [ ]5
OF BUSINESS IN ANOTHER STATE
CITIZEN OF 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)
DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)
DEFENDANT(S) ADDRESS UNKNOWN REPRESENTATION IS HEREBY MADE THAT,
AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO
ASCERTAIN
RESii:SENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:
Check one: THIS ACTION SHOULD BE ASSIGNED TO: 0 WHITE PLAINS [BJ
MANHATTAN (DO NOT check either box if this a PRISONER
PETITION/PRISONER CIVIL RIGHTS
} I COMPLAINT.) ~ ~ DATE 3 11 ljr SIGNATURE OF ATIORNEY OF
RECORD.......-(_ ADMITIED TO PRACTICE IN THIS DISTRICT ] NO [X) YES
(DATE ADMITIED Mo.03 Yr. 2007
RECEIPT# Attorney Bar Code# EF 7549
Magistrate Judge is to be designated by the Clerk of the
Court.
Magistrate Judge-------------------------- is so Designated.
Ruby J. Krajick, Clerk of Court by------ Deputy Clerk,
DATED---------
UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Case No. EMI FEIST CATALOG INC., a New York Corporation, EMI
GOLDEN TORCH MUSIC CORP., a New York Corporation, EMI GROVE PARK
MUSIC, INC., a California Corporation, EMI JEMAXAL MUSIC INC., a
Delaware Corporation, EMI MILLER CATALOG INC., a New York
Corporation, EMI MILLS MUSIC, INC., a Delaware Corporation, EMI
ROBBINS CATALOG INC., a New York Corporation, EMI SOSAHA MUSIC
INC., a Delaware Corporation, GLENWOOD MUSIC CORP., a California
Corporation, SCREEN GEMS-EMI MUSIC INC., a Delaware Corporation,
EMI CONSORTIUM MUSIC PUBLISHING, INC., a New York corporation,
d/b/a "EMI FULL KEEL MUSIC"; EMI CONSORTIUM SONGS, INC., a New York
corporation, d/b/a "EMI LONGITUDE MUSIC;"
15 cv Judge 2099
Plaintiffs, vs.-
SLEP-TONE ENTERTAINMENT CORPORATION, a North Carolina
Corporation, d/b/a "SOUNDCHOICESTORE.COM," "SOUNDCHOICE," "SOUND
SOURCE STUDIOS," PHOENIX ENTERTAINMENT PARTNERS, LLC., a North
Carolina Limited Liability Company, DEREK SLEP, individually and
KURT SLEP, individually;
Defendants.
JURY DEMAND
COMPLAINT FOR INJUNCTION ' AND DAMAGES
NOW COME the Plaintiffs, EMI FEIST CATALOG INC., a New York
Corporation,
EMI GOLDEN TORCH MUSIC CORP., a New York Corporation, EMI GROVE
PARK
MUSIC, INC., a California Corporation, EMI JEMAXAL MUSIC INC., a
Delaware
Corporation, EMI MILLER CATALOG INC., a New York Corporation,
EMI MILLS MUSIC,
INC., a Delaware Corporation, EMI ROBBINS CATALOG INC., a New
York Corporation, EMI
c:
i --.o
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SOSAHA MUSIC INC., a Delaware Corporation, GLENWOOD MUSIC CORP.,
a California
Corporation, SCREEN GEMS-EMI MUSIC INC., a Delaware Corporation,
EMI
CONSORTIUM MUSIC PUBLISHING, INC, a New York corporation, d/b/a
"EMI FULL
KEEL MUSIC"; EMI CONSORTIUM SONGS, INC, a New York corporation,
d/b/a "EMI
LONGITUDE MUSIC;" (hereinafter, "Plaintiffs"), by and through
their attorneys, Law Offices
of Paul Harrison Stacey, P.C., and Pryor Cashman LLP, and for
their COMPLAINT FOR
INJUNCTION AND DAMAGES for copyright infringement against
Defendants, SLEP-TONE
ENTERTAINMENT CORPORATION, a North Carolina corporation,
d/b/a
"SOUNDCHOICESTORE.COM," d/b/a "SOUNDCHOICE", d/b/a "SOUND
SOURCE
STUDIOS," PHOENIX ENTERTAINMENT PARTNERS, LLC., a North Carolina
Limited
Liability Company, DEREK SLEP, individually and KURT SLEP,
individually; (all hereinafter,
"Defendants") state as follows:
Jurisdiction and Venue
1. This is an action for copyright infringement arising under
the Copyright Act of
1975, 17 U.S.C. 101 et seq. This Court has jurisdiction of this
action under 28 U .S.C.
1331, 1338(a) and 1338(b), and under its supplemental
jurisdiction.
2. Venue is proper in this district under 28 U.S.C. 1391 and
1400(a) and 1400
(b).
Related Case and Necessitv for Filing This Suit
3. The claims in this litigation stem, in part, from the denial
of joinder of the
Plaintiffs in a related lawsuit, namely: EMI Blackwood Music,
Inc., et al. v. Slep-Tone
Entertainment Corporation, et al. (Case No. 1: 13-cv-00749 (LLS)
"related case")). As explained
2
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below however, the related case does not include PHOENIX
ENTERTAINMENT PARTNERS,
LLC ("PHOENIX"), a recently formed company founded by the
Co-Defendant, KURT SLEP.
4. Plaintiffs have learned that in early February 2015, the
Defendants, SLEP-TONE
ENTERTAINMENT CORPORATION ("SLEP-TONE") and KURT SLEP,
transferred SLEP-
TONE's assets, including SLEP-TONE's inventory of contraband
recordings, to PHOENIX.
PHOENIX now purports to offer the "Sound Choice" branded karaoke
recordings for licensing
to professional karaoke jockeys, including the unlicensed 6,000
song product known as the
"GEM Series," via the https://pep.rocks website. The "GEM
Series" is the subject of both this
ease and the related case. (See Exhibit "1" attached hereto.)
Currently, the
website now automatically redirects customers to the
"https://pep.rocks.corn" website for PHOENIX, where PHOENIX now
touts itself as "The new
horne for Sound Choice- America's Favorite Karaoke Brand."
5. PHOENIX is operating as the alter-ego of KURT SLEP and
SLEP-TONE;
transferring the assets of SLEP-TONE to PHOENIX has been nothing
more than a calculated
and illegitimate attempt to frustrate creditors, such as the
Plaintiffs, and impede the Court's
jurisdictional ability to exercise its injunctive/impoundment
remedies against the defendants in
the related litigation. Thus, this suit has been necessitated as
much to restrain the actions of
PHOENIX, SLEP-TONE and KURT SLEP as it has been to vindicate the
twelve (12) EMI
affiliated publishers who are not parties in the related
litigation and have now brought this suit.
The Parties
6. Plaintiff, EMI FEIST CATALOG INC., is a corporation duly
organized and
existing under the laws of the State of New York, with its
principal place of business in New
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York, New York.
7. Plaintiff, EMI GOLDEN TORCH MUSIC CORP., is a corporation
duly
organized and existing under the laws of the State of New York,
with its principal place of
business in New York, New York.
8. Plaintiff, EMI GROVE PARK MUSIC, INC., is a corporation duly
organized and
existing under the laws of the State of New York, with its
principal place of business in New
York, New York.
9. Plaintiff, EMI JEMAXAL MUSIC INC., is a corporation duly
organized and
existing under the laws of the State of New York, with its
principal place of business in New
York, New York.
10. Plaintiff, EMI MILLER CATALOG INC., is a corporation duly
organized and
existing under the laws of the State of New York, with its
principal place of business in New
York, New York.
11. Plaintiff, EMI MILLS MUSIC, INC., is a corporation duly
organized and existing
under the laws ofthe State ofNew York, with its principal place
of business in New York, New
York.
12. Plaintiff, EMI ROBBINS CATALOG INC., is a corporation duly
organized and
existing under the laws of the State of New York, with its
principal place of business in New
York, New York.
13. Plaintiff, EMI SOSAHA MUSIC INC., is a corporation duly
organized and
existing under the laws of the State of New York, with its
principal place of business in New
York, New York.
14. Plaintiff, GLENWOOD MUSIC CORP., is a corporation duly
organized and
4
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existing under the laws of the State of New York, with its
principal place of business in New
York, New York.
15. Plaintiff, SCREEN GEMS-EMI MUSIC INC., is a corporation duly
organized
and existing under the laws of the State of New York, with its
principal place of business in New
York, New York.
16. Plaintiff, EMI CONSORTIUM MUSIC PUBLISHING, INC, dJb/a "EMI
FULL
KEEL MUSIC," is a corporation duly organized and existing under
the laws of the State ofNew
York, with its principal place ofbusiness in New York, New
York.
17. Plaintiff, EMI CONSORTIUM SONGS, INC, d/b/a "EMI
LONGITUDE
MUSIC;" is a corporation duly organized and existing under the
laws of the State ofNew York,
with its principal place ofbusiness in New York, New York.
18. Defendant, SLEP-TONE ENTERTAINMENT CORPORATION, d/b/a
"soundchoicestore.com," d/b/a "SOUNDCHOICE," and d/b/a "SOUND
SOURCE STUDIOS"
(hereinafter "S LEP-TONE"), is a North Carolina corporation.
Until its recent transfer of assets
to PHOENIX, SLEP-TONE has been doing business, including the
unauthorized distribution,
licensing and/or sale of the infringing karaoke recordings that
are the subject of this suit
throughout the United States, including the Southern District of
New York, via the websites
commonly known as www.soundchoice.com and
W\Vw.soundchoicestore.com. Its principal
place ofbusiness is currently 12245 Nations Ford Road, Suite
505, Pineville, NC 28134, but was
previously located (during many of the years in which the
infringing conduct occurred) at 14100
South Lakes Drive, Charlotte, NC 28273.
19. The Defendant, PHOENIX ENTERTAINMENT PARTNERS, LLC., a
North
Carolina Limited Liability Company, ("PHOENIX") has been
recently formed by the Co-
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Defendant, KURT SLEP, and is, upon information and belief, the
transferee of the assets of
SLEP-TONE as a result of a transaction occurring during or about
early February 2015.
PHOENIX is currently doing business including the offering for
licensing of the infringing
"GEM Series" of karaoke recordings to professional karaoke
jockeys and which are the subject
of this suit, throughout the United States, including the
Southern District of New York, via the
website known as "https://pep.rocks." Its principle place of
business is currently 12245 Nations
Ford Road, Suite 505, Pineville, NC 28134. Upon information and
belief, the Co-Defendant,
KURT SLEP, is the founder of PHOENIX and is a principal decision
maker in control of the
company and responsible therefore for the company's unlawful
infringement of Plaintiffs'
copyrighted works in the course of its business operations.
20. Defendant, DEREK SLEP is, on information and belief, a
citizen and resident of
Charlotte, North Carolina. KURT and DEREK SLEP ("SLEPS") are
brothers and, on
information and belief, were the owners of SLEP TONE until
during or about mid-20 10, at
which time DEREK SLEP sold his shares of the company to his
brother, KURT SLEP.
21. SLEP-TONE and the SLEPS shall be referred to collectively
herein as the "SLEP
Defendants." PHOENIX and KURT SLEP shall be referred to
collectively herein as the
"PHOENIX Defendants." All of the aforementioned Defendants when
referred to collectively
herein shall be referred to as the "Defendants."
22. This Court has jurisdiction over each Defendant because of
their doing business
on a continuous and systematic basis as well as committing the
tortious acts alleged herein which
have occurred, caused injury and continue to occur within the
jurisdiction of this Court.
Defendants' systematic and continuous advertising, distribution,
licensing and/or sale of
infringing recordings of one or more of Plaintiffs' copyrighted
works identified on the Exhibits
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hereto within this jurisdiction subjects them to the
jurisdiction of this Court. Specifically,
Defendants have been doing business in the Southern District of
New York through the
advertising, making available, distribution, offering for
licensing and/or sale of infringing
recordings via interactive and/or passive internet websites to
residents in the Southern District of
New York.
FACTUAL BACKGROUND
23. Karaoke means "empty orchestra" in Japanese. While
originating and becoming
very popular in Japan and Asia, karaoke has also now become
extremely popular in the United
States. While karaoke may be enjoyed by consumers using karaoke
machines designed for
playing karaoke discs and home use, it has become vastly popular
as a professional activity
offered in bars and restaurants throughout the United States
which utilize professional karaoke
jockeys to conduct karaoke events for their patrons.
24. Karaoke "CD+G," "SCD+G," "DVD" and "MP3G" recordings are
re-recordings
of hit songs with the lead vocal tracks either omitted
(instrumental), so that the consumer can
"sing along" as if he/she were the lead singer or, in the
alternative, with a vocal track sung by
sound-alike artists (learning track) which in some formats can
be muted upon playback so that
the karaoke recording may be listened to either with or without
a lead vocal accompaniment.
These products are recorded and encoded to provide a
contemporaneous video display of the
lyrics to the song for the consumer to sing along.
25. The internet website(s) utilized by the SLEP Defendants have
used graphic
images of various brands of unlicensed karaoke discs, in
conjunction with a display of the
individual song titles contained on each disc and an offer to
license and/or sell such discs at
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specific prices to stimulate or induce the purchase/licensing of
the karaoke discs or individual
karaoke recordings. The functionality of the website(s) also has
also permitted a visitor to
effectuate an actual purchase of unlicensed products, completing
the purchase transaction with a
credit card or other payment service, all in violation of the
exclusive distribution rights of the
copyright owners such as the Plaintiffs in this case.
Additionally, the SLEP Defendants'
interactive website(s) have contained one or more links, in an
unauthorized distribution chain
selling download versions of karaoke recordings, ultimately
leading customers to "The Karaoke
Channel" featured on the www.thekaraokechannel.com website owned
and operated by Stingray
Music USA, Inc. and Stingray Digital Group, Inc.
("Stingray").
26. The SLEP Defendants' website(s) have also been used to
advertise, promote and
solicit professional karaoke jockeys to enter into purported
"license" agreements whereby SLEP-
TONE has provided the 6,000 song "GE1'v1 Series" product to be
used by professional karaoke
jockeys in their karaoke services.
27. Since the transfer of the assets of SLEP-TONE, the PliOENIX
website has now
undertaken the active business of "licensing" the "GEM Series"
product to be used by
professional karaoke jockeys in their karaoke services.
28. The illicit licensing activities of SLEP-TONE, KURT SLEP and
PHOENIX has
induced further copyright infringement by the professional
karaoke jockeys by assuring them
that they have the right to copy the "GEM Series" recordings
onto the hard drives of the jockeys'
karaoke machines for use in their businesses.
29. A fundamental legal requirement for copying, recording,
advertising, distributing
and/or selling copyrighted material for purposes of producing a
karaoke recording is a license for
exploitation of the song, which must be obtained from the
owner/administrator of the copyright.
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The owner of the copyright(s) licensed may be either the
songwriter, his/her licensing agent, a
"music publisher," "publisher" or "administrator." Plaintiffs
are music publishers that own or
control, in whole or in part, the copyrights in thousands of
well-known and popular music
compositions that have been recorded, reproduced, distributed,
advertised, "licensed" and sold
without Plaintiffs' authorization by the various Defendants and
their businesses. Plaintiffs are in
the business of licensing the rights to record, reproduce,
distribute, advertise, publicly perform or
otherwise exploit such copyrighted musical works, in exchange
for the payment of royalties.
While Plaintiffs have issued karaoke licensing to the SLEP
Defendants in 2003, 2005 and 2013,
the acts of the SELP Defendants which form the bases of the
claims made against them herein
are not within the scope of the permissions granted them in the
licenses. PHOENIX has never
been issued any licensing from Plaintiffs. Accordingly, the SLEP
Defendants and PHOENIX are
not and have not been licensed to engage in the activities
complained of herein.
30. Karaoke recordings, unlike typical sound recordings, require
"synchronization" or
karaoke licenses for the graphic display of lyrics that appear
on a monitor in a synchronized
presentation with the recorded music. The synchronization or
"karaoke" license typically grants
rights for a mechanical reproduction of the musical composition,
the use of the lyrics in
synchronized graphic display, the advertising, distribution
and/or sale, as well as promotional use
of the composition, and may include a "print" permission for
reproduction of the song's lyrics on
lyric booklets or inserts in the karaoke package. The
permissions granted to such licensees are
strictly personal and non-transferrable/non-assignable. The
permissions are also strictly limited
to licensee's products in particular formats and limit the
manner and type of distribution of the
licensee's products, as well as restrict the scope of the
territory within which the products may be
distributed. Such licenses do not permit the licensee to
utilize/replicate illicit recordings made
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by third parties (non-parties to the license) to make their
products. The licenses specifically
provide that any arrangements created for the purpose of making
any recordings pursuant to the
permissions are agreed to be the property of the licensor, such
as the named Plaintiffs in this
matter.
31. Pursuant to typical synchronization and product licenses,
karaoke companies may
be required to pay fixing fees and/or administration fees and
required to pay advances against
future royalties, and account and pay royalties based upon the
total number of units
manufactured and/or sold, usually on a quarterly basis. The
customary rates for physical
synchronization licenses are fairly standardized; the rates for
product and other licenses vary
considerably.
32. Historically, music publishers have not issued non-exclusive
licenses to permit
the further downstream sub-licensing or sale of recordings to
other commercial entities that are
not parties to the license. More recently however, publishers
have undertaken the issuance of
what are called "Audio Master" or "Karaoke Master" licenses
which do permit, under strictly
controlled circumstances, the sale of "Audio Master" and/or
"Karaoke Master" recordings to
downstream commercial entities for further commercial
exploitation. Such licenses first require
the licensing of the downstream commercial purchaser of the
"Audio Master" and/or "Karaoke
Master" recording to authorize whatever commercial use the
purchaser seeks to make of the
copyrighted work, before any transfer of a master recording is
permitted.
ALLEGATIONS COMMON TO ALL CAUSES OF ACTION
33. Plaintiffs are the owners/administrators of the music
copyrights, in the original
musical compositions, identified on the schedules attached
hereto as Exhibits "1" - "5."
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Plaintiffs' allegation that they are "administrators" means that
they are either the assignees or the
exclusive licensees of one or more of the exclusive rights
identified under 105 of the Copyright
Act. (17 U.S.C., 105 et seq.) For the purposes of Plaintiffs'
claims, the list of musical
compositions identified on the attached Exhibits "1" - "5" shall
be referred to as the "Subject
Works."
34. a.) Exhibits "1"- "4" identify various unlicensed recordings
appearing on the "GEM
Series," "Sound Choice," "Brick" and "Foundation" lines of
karaoke discs which
were purportedly "COMPILED AND PRODUCED BY FEC-MEDIAPLAS" in
the
United Kingdom.
b.) Exhibit "5" identifies various recordings being unlawfully
distributed by the SLEP
Defendants via a link on the www.soundchoice.com website
ultimately leading
customers to "The Karaoke Channel" website
www.karaokechannelstore.com, owned
and operated by Stingray.
c.) The Exhibits identify the registration numbers for each of
the Subject Works based
upon their registration with the United States Copyright
Office.
35. Plaintiffs reserve the right to amend this complaint after
full discovery has been
completed to supplement the claims with any additional infringed
works and any additional
courses of infringement.
36. All of the Subject Works identified herein contain material
wholly original and
are copyrightable subject matter under the laws ofthe United
States and, to the best of Plaintiffs'
knowledge are in fact registered with the United States
Copyright Office and the Registrations
numbers assigned by the Copyright Office are entered on the
respective Exhibits attached hereto
identifying the Subject Works.
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37. Plaintiffs are informed and believe, and on that basis
allege, since at least as early
as 2009, the SLEP Defendants has been variously participating
from time to time in the
reproduction, distribution, offering for sale and/or licensing
and actually selling and/or licensing
illegal and unauthorized copies of the Subject Works. The
unauthorized copies have been in the
form of "karaoke" type recordings in either the "CDG," "CD+G,"
"SCDG," "SCD+G,"
"DVD," "MP-3," "MP3G" and/or "MP3+G" format for discs, hard
drives, memory devices and
internet downloads.
38. Since 2010, the "GEM Series" of karaoke recordings
identified on Exhibit "1"
have been unlawfully made the subject of purported licensing
agreements with professional
karaoke jockeys throughout the United States and beyond. The
purported licensing of hundreds
of sets of the "GEM Series" was initially undertaken by
SLEP-TONE and KURT SLEP during
or about 2010, but the unauthorized licensing activity has since
been undertaken by PHOENIX
as a result of a transfer of the SLEP-TONE assets to PHOENIX in
early February 2015. The
purported "license" agreements between SLEP-TONE and/or PHOENIX
and the professional
karaoke jockeys constitutes direct copyright infringement by
SLEP-TONE and PHOENIX for
the unauthorized distribution of the recordings to the karaoke
jockeys.
39. As well, both SLEP-TONE and PHOENIX are liable for v1canous
and
contributory copyright infringement. Under the purported license
agreements with the
professional karaoke jockeys, SLEP-TONE, (and now PHOENIX)
retain ownership of the
"GEM Series" discs which are the subject of the licensing
agreements. As a consequence,
SLEP-TONE and PHOENIX have the right and ability to recall those
discs but have failed
and/or refused to do so because of their obvious direct
financial interest in profiting from the
payments made by the professional karaoke jockeys. SLEP-TONE and
PHOENIX have engaged
12
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in this conduct knowing full well that the professional karaoke
jockeys are utilizing the illicit
"GEM Series" discs to copy them to the hard drives of their
professional karaoke machines to
provide karaoke services to various commercial venues.
Alternatively, both SLEP-TONE and
PHOENIX are liable for contributory infringement relative to the
illicit license agreements with
professional karaoke jockeys because SLEP-TONE and PHOENIX have
materially contributed
to the unauthorized conduct of the professional karaoke jockeys
by supplying the recordings
which are the object of the professional karaoke jockeys'
downstream infringement.
40. The conduct of the Defendants constitutes direct, vicarious,
contributory and/or
inducement of infringement of Plaintiffs' music copyrights,
depending upon the specific conduct
in question. The natural, probable and foreseeable result of
Defendants' wrongful conduct has
been and will continue to be to deprive Plaintiffs of the
exclusive rights accorded to them under
106 of the Copyright Act to control their copyright interests,
to deprive Plaintiffs of the usual
and customary royalties and other fees to which they would be
entitled if the Subject Works were
properly licensed with synchronization licenses, karaoke
licenses, Audio Master licenses,
Karaoke Master licenses or advertising/promotional licenses, and
to deprive Plaintiffs of
goodwill. Defendants' wrongful conduct also rises to the level
of willful copyright infringement
justifying an award of enhanced statutory damages.
13
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FIRST CLAIM FOR COPYRIGHT INFRINGEMENT
17 U.S.C. 101, ET SEQ.
(Copyright Infringement and Willful Copyright Infringement vs.
Slep-Tone Entertainment Corporation,
Phoenix Entertainment Partners, LLC, Kurt Slep and Derek SJep,
individuaHy)
41. Plaintiffs reallege each and every allegation set forth in
paragraphs 1 through 40,
inclusive, as though fully set forth herein, as and for this
paragraph 41, and incorporates them
herein by this reference.
42. While SLEP-TONE has been issued karaoke licenses from the
plaintiffs from
time to time, the conduct which forms the bases of Plaintiffs'
claims herein constitutes
infringement because the SLEP Defendants exceeded the scope of
any such express or implied
licenses. Specifically, by their actions alleged above and as
further set forth herein, the SLEP
Defendants have infringed and will continue to infringe
Plaintiffs' copyright interests in one or
more of the following ways:
a) Since during or about 2008, by supplying recordings of
Plaintiffs' copyrighted works to other commercial entities
including, but not necessarily limited to, the former United
Kingdom corporation known as Full Sail Consultancy, Ltd. (also
believed to do business as "FSC Mediaplas"), to be incorporated
into and replicated in the foreign made products;
b) By further advertising, distributing, making available for
purchase and/or licensing, offering for sale and/or licensing
and/or actually selling/licensing the foregoing products in the
United States all, of which conduct exceeds the scope of any
licensing granted to the SLEP Defendants by Plaintiffs and/or
Plaintiffs' agents.
c) Additionally, as a separate course of direct infringement and
since 2010, the SLEP Defendants and have entered into unauthorized
agreements purporting to "license" the "GEJ\1 Series" line of
karaoke recordings to at least 315 individual and/or corporate
professional karaoke jockeys. The SLEP Defendants have never been
granted any rights from Plaintiffs to distribute such products and
have been expressly prohibited from sublicensing any of Plaintiffs'
copyrighted works in the licenses which have been granted to them
from time to time by the Plaintiffs.
14
-
d) By virtue of their supplying the "GEM Series" recordings to
professional karaoke jockeys, the SLEP Defendants are also liable
for vicarious copyright infringement, contributory copyright
infringement and/or inducement of if!fringement, relative to the
further downstream copying and/or performance of the unlicensed
recordings by the professional karaoke jockeys in the course of
their providing their karaoke services. The SLEP Defendants will
continue this course of infringement even as they have since the
filing of the related litigation and the illegitimate "GEM Series"
discs placed at issue by other publishers.
e) In a separate course of infringement, the SLEP Defendants
have participated in the unlawful distribution of karaoke
recordings ultimately made available on "The Karaoke Channel"
hosted on the website known as www.thekaraokestore.com. While "The
Karaoke Channel" is owned and operated by Stingray Music USA, Inc.
and Stingray Digital Group, Inc. ("Stingray"). The SLEP Defendants
have never been an authorized distributor of recordings containing
Plaintiffs' copyrighted content in any licensing issued to Stingray
by the Plaintiffs and/or their licensing agents. (Plaintiffs'
claims for copyright infringement against Stingray and numerous
owners/officers of Stingray have been resolved by settlement
pursuant to formal mediation. However, Plaintiffs' settlement with
Stingray reserved all rights against the SLEP Defendants.)
f) In a separate course of infringement, SLEP-TONE and KURT SLEP
1 have recently made a transfer of the assets of SLEP-TONE,
including unauthorized copies of the "GEM Series" recordings to
PHOENIX, the purpose of which is to allow PHOENIX to undertake the
continued illicit licensing of the "GEM Series" to professional
karaoke jockeys. Plaintiffs never authorized the distribution of
any karaoke recordings by SLEP-TONE to third-party commercial
entities such as PHOENIX for further exploitation and have never
entered into any licensing agreements with PHOENIX authorizing
their exploitation of Plaintiffs' copyrighted works m any manner,
much less to engage in sublicensing to professional karaoke
jockeys.
43. By their further actions the SLEP Defendants and PHOENIX
have infringed and
will continue to infringe Plaintiffs' copyright interests. The
Subject Works identified on Exhibits
"1" "5" are not intended to be an exhaustive list of all of the
copyrighted works
O\vned/administered by Plaintiffs which have been infringed by
the SLEP Defendants. Rather,
Plaintiffs merely have identified the works which are known to
them to have been infringed by
the SLEP Defendants to date and expressly reserve the right to
seek leave to amend this Second
1 DEREK SLEP has had no involvement with the PHOENIX
infringement.
15
-
Amended Complaint at the conclusion of discovery to add such
additional works and infringing
products as are identified in the course of discovery.
44. Alternatively, the SLEP Defendants and PHOENIX have
materially contributed to
and induced the unlawful use of unlicensed recordings utilizing
Plaintiffs' copyrighted works, or
have failed to exercise their respective rights and abilities to
control the conduct of those
responsible for the infringement, thereby deriving a financial
benefit from the infringement.
45. The Defendants have infringed Plaintiffs' exclusive rights
to the Subject Works
and the Defendants' conduct has been willful and undertaken with
actual or constructive notice
that it was in violation of Plaintiffs' rights and done
nevertheless in reckless disregard of
Plaintiffs' rights. Alternatively, the Defendants' conduct was
undertaken with actual or
constructive notice that it was in violation of Plaintiffs'
rights and done nevertheless in reckless
disregard of Plaintiffs' copyright interests.
46. Plaintiffs are entitled to an injunction restraining the
Defendants, their officers,
agents and employees, and all persons acting in concert with
them, from engaging in any further
such willtw acts in violation of the copyright laws.
4 7. Plaintiffs are further entitled to recover from the
Defendants the damages,
including attorneys' fees, they have sustained and will sustain,
and any gains, profits and
advantages obtained by the Defendants as a result of their acts
of infringement alleged above. At
present, the amount of such damages, gains, profits and
advantages cannot be fully ascertained
by Plaintiffs. Alternatively, Plaintiffs are entitled at their
election to an award of statutory
damages, attorney's fees and costs based upon the Defendants'
acts of infringement alleged
above.
16
-
48. Plaintiffs are further entitled to recover from the
Defendants the damages
including attorneys' fees they have sustained and will sustain,
and any gains, profits and
advantages obtained by the Defendants as a result of the
Defendants' acts of willful infringement
alleged above. Alternatively, Plaintiffs may elect the statutory
penalties provided for in 17
U.S.C. 504(c)(1) and (2), not to exceed $150,000.00 per
copyright, per Defendant in the case
of liability for which they are not jointly and severally
liable; otherwise, jointly against all
Defendants for joint conduct. At present, the amount of such
damages, gains, profits and
advantages cannot be fully ascertained by Plaintiffs and
Plaintiffs reserve the right to make such
election to have the Court impose the statutory penalties.
WHEREFORE, the Plaintiffs, EMI FEIST CATALOG INC., et al.
respectfully pray this
Honorable Court for entry of judgment in their favor or an order
providing the following relief
against the Defendants,, SLEP-TONE ENTERTAINMENT CORPORATION, a
North Carolina
corporation, d/b/a "SOUNDCHOICE", d/b/a "SOUND SOURCE STUDIOS,"
PHOENIX
ENTERTAINMENT PARTNERS, LLC., a North Carolina Limited Liability
Company, DEREK
SLEP, individually and KURT SLEP, individually, as follows:
a. That the Court finds that the Defendants have infringed
Plaintiffs'
copyright interests in the Subject Works identified on Exhibits
"1" - "5" attached hereto
and associated with the brands identified on said respective
Exhibits.
b. That the Court finds a substantial likelihood that the
Defendants will continue
to infringe Plaintiffs' copyright interests in the Subject Works
identified on Exhibits "1"-
"5" attached hereto, unless enjoined from doing so.
c. That the Defendants, their directors, officers, agents,
servants, employees and
all other persons in active concert or privity or in
participation with them, be enjoined
17
-
from directly or indirectly infringing Plaintiffs' copyrights in
the Subject Works or
continuing to market, offer, sell, dispose of, license, lease,
transfer, display, advertise,
reproduce, develop or manufacture any works derived or copied
from the Subject Works
or participate or assist in any such activity.
d. That the Defendants, their directors, officers, agents,
servants, employees and
all other persons in active concert or privity or in
participation with them, be enjoined to
return to Plaintiffs any and all originals, copies, facsimiles,
or duplicates of the Subject
Works in their possession, custody or control.
e. That the Defendants, their directors, officers, agents,
servants, employees and
all other persons in active concert or privity or in
participation with them, be enjoined to
recall from all distributors, wholesalers, jobbers, dealers,
retailers and distributors, and all
others known to Defendants, any originals, copies, facsimile, or
duplicates of any works
shown by the evidence to infringe any copyright in the Subject
Works.
f. That the Defendants be enjoined to deliver upon oath, to be
impounded during
the pendency of this action and destroyed pursuant to judgment
herein, all originals,
copies, facsimiles, or duplicates of any work shown by the
evidence to infringe any
copyright in the Subject Works.
g. That Defendants be required to tile with the Court and to
serve on Plaintiffs,
within 30 days after service of the Court's order as herein
prayed, a report in writing
under oath setting forth in detail the manner and form in which
Defendants have
complied with the Court's order.
18
-
Dated:
h. That judgment be entered for Plaintiffs and against
Defendants for Plaintiffs'
actual damages according to proof, and for any profits
attributable to infringements of
Plaintiffs' copyrights, in accordance with proof.
i. Alternatively, and upon Plaintiffs' election, that judgment
be entered for
Plaintiffs and against Defendants for statutory damages based
upon Defendants' acts of
infringement and willful infringement, pursuant to the Copyright
Act of 1975, as
Amended, 17 U.S.C. 101 et seq.
j. That Defendants be required to account for all gains,
profits, and advantages
derived from their acts of infringement and for their other
violations of law.
k. That all gains, profits and advantages derived by Defendants
from their acts of
infringement and other violations of law be deemed to be held in
constructive trust for the
benefit of Plaintiffs.
1. That Plaintiffs have judgment against Defendants for
Plaintiffs' costs and
attorneys' fees.
m. That the Court grant such other, further, and different
relief as the Court
deems proper under the circumstances.
JURY ]) EMAN])
Plaintiffs hereby demand a trial by jury on all issues triable
to a jury.
New York, New York March 19,2015
DonaldS. Zakarin
19
-
William Charron Frank P. Scibilia Eric Fishman Pryor Cashman 7
Times Square New York, New York 10035 Direct dial: (212) 325-0108
Facsimile: (212) 798-5305
And
Paul Harrison Stacey (Pro Hac Vice pending) Law Oflices ofPaul
Harrison Stacey, P.C. Wyoming Bar No. 5-2515 7225 N. Spring Gulch
Road P.O. Box 4157 Jackson, WY 83001 Ph: 307-733-7333 Fax:
307-733-7350 Attorneys (or Plaintiffs, EM/ f~IST CATALOG INC., et
al.
20
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Exhibit 1 to
Complaint for Injunction and Damages EMI FEIST CATALOG, INC.,
etal.
v. SLEP-TONE ENTERTAINMENT CORPORATION, et al.
(EMI Copyrights on Unlicensed "GEM Series" karaoke discs) Title
Writer(s) Registration Publisher
1. (I'm Not Your) Hart,BobbyfBoyce,Tornrny EU943841 SCREEN GEMS
Steppin' Stone
2. A Girl Like Brigati, Edward J/Cavaliere, EP234330 EMIJEMAXAL
You Felix
3. A Good Nelson, Willie/Jennings, EP0000294817 ;REO
EMILONGITUDE Hearted Waylon 000664954;PAOOOO Woman 217644
4. Against All Collins, Phil PA 205096, EM! GOLDEN Odds (Take A
02/27/1984 TORCH Look At Me Now)
5. Ain't Nobody Wolinski, David J PA 180772, EMIFULLKEEL
7/22/1983
6. Always On My James, Mark/Thompson, EP 293227: SCREEN GEMS
Mind Wayne/Christopher, John L. 1111611973
Jr. RE 795-500: 12/31/1998
7. Angel Baby Hamlin, Rosalie EU 647905/RE 377- EMILONGITUDE
764/EP 283060/RE 678746/PA 27-605/RE 927-513/EP368123
8. Angel Flying Nelson, Willie PA49322, EMILONGITUDE Too Close
To 1118/1979 The Ground
9. Another Rainy Degarmo, Christopher/Tate, PA498409 SCREEN GEMS
Night (Without Geoff/Jackson, Eddie You)
10. A-Tisket A- Fitzgerald, Ella/ Alexander, EU 170752, dated
EM! ROBBINS Tasket Van 6/2911938;
R 364231, dated 6/29/1965 EP 70253, daetd
-
7/1111938; I R 364909, dated
7/12/1965 11. Barbara Ann Fassert, Fred EU 566105;
EMILONGITUDE
3/11/1959 RE 334615; 3/25/1987
12. Bloody Mary Nelson, Willie EUOOOO 187040/REO EMILONGITUDE
Morning 000783262
. 13. Blue Moon Rodgers, Richard/Hart, EP 45186, 12/511934
EMIROBBINS I Lorenz R 286391, 12/5/1961 14. Book Of Love Davis,
Warren/Malone, EU 502696/RE 239- EMILONGITUDE
George/Patrick, Charles 768/RE-656-508/RE 911-404/EU 941282/RE
877-363
15. Breaking Up Is Sedaka, NeiVGreenfield, EU 724--459; SCREEN
GEMS Hard To Do Howard 6/7/1962
RE 491-465; 7/27/1990 RE 501-221; 12/511990 EP 165-278; 7/9/1962
RE 491-450; 7/27/1990 RE 501-238; 12/511990
16. Buffalo Soldier Williams, Noel/Marley, Bob PA 198296,
EMILONGITUDE 1112111983 PA 725627, 8/111994 (CA) PAu 492275,
3/28/1983 PAu 543476,
I 811911983 (CA) 17. By The Time I Webb, Jimmy L EP 249530
EMISOSAHA
Get To I Phoenix
18. Calendar Girl Sedaka, NeiVGreenfield, EP 164957 SCREEN GEMS
Howard
19. California Sun Levy, Morris/Glover, Henry EU 659360,
EMILONGITUDE 2/24/1961 RE 428369, 2/14/1989
20. Chattanooga Warren, Harry/Gordon, EP 95797, 6/27/1941
EMIFEIST ChooChoo Mack R 460142, 41111969
-
21. Clean Up Clarke, Willie James/Reid, EP 297443 EMILONGITUDE
Woman Clarence Henry
.
22. Clumsy Ferguson, Stacyffroup, PA0001165468 EMIROBBINS Bobby/
Adams, Will/Simmons, Russell W Smith, Lawrence/Spicer, James
23. Could It Be Manilow, Barry/ Anderson, EU 448580,
EMILONGITUDE Magic Adrienne 12/311973
RE 840664, 6/18/2001
24. Crimson And James, Tommy/Lucia, Peter EP 251543,
EMILONGITUDE Clover 10/2911968
RE 726666, 1122/1996
25. Cry Like A Penn, Dan/Oldham, RE 724-293 SCREEN GEMS Baby
Spooner
26. Crystal Blue James, Tommy/Gray, Eddie EU0000255311 ;REO
EMILONGITUDE Persuasion MorleyN ale, Mike 000752693
27. Daydream Stewart, John EU 24395, SCREEN GEMS Believer
11/1311967
RE 694197, 4nl1995
28. Dead Man's Berry, Jan/Christian, Roger EU 802165 SCREEN GEMS
Curve Val/Wilson, Brian Douglas
Kornfeld, Artie i 29. Deeper Than Overstreet, Paul/Schlitz, PA
418-887 SCREEN GEMS
The Holler Don
~ Delilah Reed, Les/Mason, Barry EU 38093 GLENWOOD 31. Different
Nesmith, Michael EU 892696, dated SCREEN GEMS
Drum 7/1611965; RE 649883, dated 12/2811993 EU 78965, dated
1119/1967; RE 701657, dated 417/1995
32. Do Right Penn, Dan!Moman, Chips RE 701-305 SCREEN GEMS Woman
Do Right Man
33. Don't Say Goffin, Gerry/King, Carole EU 753329 SCREEN GEMS
Nothin' Bad (About My Baby)
I 34. Draggin' The James, Tommy/King, EU0000223559/REO
FILONGITUDE I Line RobertL 000783409
-
35. Drivin' My Stevens, Even/Rabbitt, PA 222-514 SCREEN GEMS I
Life Away Eddie/Malloy, David
. 36. Eighteen Nelson, Paul/Nelson, Gene PAu001012239 SCREEN
GEMS Wheels And A
I Dozen Roses 37. Empire Wilton, Michaelffate, Geoff PA498410
SCREEN GEMS i
38. Five O'clock Reynolds, Allen EU0000915595;REO SCREEN GEMS
World 000623758
39. Fool For Your Moody, Mick/Marsden, P A0000451 052
EMILONGITUDE Loving Bemie/Coverda1e, David
40. Georgia Johnson, Carolyn PA 1232005; EMILONGITUDE DawnN
erges, Troy 11/1/2001
41. Ghostbusters Parker, Ray Erskine Jr PA 218114, EMIGOLDEN
7/13/1989 TORCH PA 218120, 7/13/1989 (lnst. Version)
42. Groovin' Brigati, Edward J/Cavaliere, EP 230379 EMIJEMAXAL
Felix
43. ! Happy Sedaka, Neil/Greenfield, EU 691-815; SCREEN GEMS
Birthday Sweet Howard 10/1711961 Sixteen RE 426-997;
2/1011989 44. Have Yourself Blane, Ralph/Martin, Hugh EU 354875;
EMIFEIST
A Merry Little 11/2211943 Christmas R 495419;
11123/1970 R495420; 11123/1970 EP 126302; 10/20/1944 R 515274;
10/20/1971
145. Hearts On Fire Rabbitt, Eddie/Stevens, PA0000002597 SCREEN
GEMS Evenffyler, Dan
i 46. Hello It's Me Rundgren, Todd Harry EU 66445- SCREEN GEMS
7/29/1968 RE 724-605-1/1611996 PA44-528-711011979 I
47. Here Comes Remi, Salaarn!Kamoze, PA0000892751 EMILONGITUDE
The Hotstepper Ini/Kenner, (Dirty Version) Christopher/Nix,
Kenton
48. Here You Mann, Barry/W eil, Cynthia EU 809930- SCREEN GEMS
Come Again 8/1511977
-
RE 911-785-1/3/2005 EP 380034-1113/1977 RE 911-455 1/3/2005
49. Highway Star Lord, Jon/Paice, Ian/Gillan, EF0155456 GLENWOOD
Ian/Glover, Roger D Blackmore, Ritchie
50. Hold Me, Noble, Harry EP 67442, EMIMILLS Thrill Me, Kiss
10/21/1952 Me RE 66685,
9/29/1980 51. Honk:y Tonk Bogan, Lee C/Diffie, Joe PA0000613369
EMILONGITUDE
Attitude 52. Hooked On A James, Mark EP 249766, dated SCREEN
GEMS
Feeling 9/13/1968; RE 724694, dated 1/16/1996
53. HowCaniBe Brigati, Edward J/Cavaliere, EP 255 773 EMIJEMAXAL
Sure Felix
54. Hungry Mann, Barry/Weil, Cynthia EU943843 SCREEN GEMS 55. I
Believe In Cook, Roger F./Hogin, Sam PA 807 135 SCREEN GEMS
You 56. I Can't Stay Goffin, Gerry/King, Carole EU 780854 SCREEN
GEMS
Mad At You 57. I Like It, I Dukes, Steve/ Anderson, Jeb PA
643-837 EMIFULLKEEL
Love It Stuart/Hall, Markus
~: I Love A Rabbitt, Eddie/Stevens, PA 72-475 SCREEN GEMS Rainy
Night Even/Malloy, David I Think I Love Romeo, Tony EP 279-755;
SCREEN GEMS You 1112/1970
RE 782-531; 1/2/1998
60. I Think We're Rosenblatt, Richard EP 226335, EMILONGITUDE
Alone Now 1124/1967
RE 702512, 6/5/1995 ~IWantYouTo Nielsen, Rick EU-809938 SCREEN
GEMS
Want Me If I Give My Crane, Jimmie/Brewster, EU 316262 EMIMILLER
Heart To You Jimmy/Jacobs, AI
63. If I Only Had Harburg, E.Y. "Yip"/Arlen, EU 171652, dated
EMIFEIST ABrain A Harold 7/18/1938; Heart And The R 364975, dated
Nerve 7/19/1965
-
EP 74977, dated 2/811939 R 379227, dated
i 2/8/1966 EP 79154, dated
I 717/1939 R 390359, dated 8/3/1966
64. I'm Gonna Be Colucci, Jill/Harris, Stewart PA471530
EMIGOLDEN Somebody TORCH
65. I'm In The Me Hugh, Jimmy/Fields, EP 49225, 711111935
EMIROBBINS Mood For Dorothy R 298686, 711111962 Love
166. I'm Into Goffin, Gerry/King, Carole EU 818747 SCREEN GEMS
Something
I i Good I 67. i I'm Telling Garrity, Freddie/Murray, EFOR
95337/EP GLENWOOD
I YouNow Mitch 177893/EP
87883/EP 205618 168. I'm Your Casey, Harry Wayne/Finch, EU 725
440 EMlLONGITUDE
Boogie Man Richard Raymond 169. In The Rain Hester, Anthony EU
278859/RE 911- EMILONGITUDE
459/EP 78528/R i 536504 70. Indian Lake Romeo, Tony EU 48352
SCREEN GEMS
71. Infatuation Stewart, Rod/Hitchings, PA 900 736 EMIFULLKEEL
Duane S/Robinson, Roland
72. It's Raining Jabara, Paul/Shaffer, Paul PA 155624, EMISOSAHA
i Men 11/16/1982 73. Jet City Degarmo, Christopher/Tate, PA498407
SCREEN GEMS
Woman Geoff 74. Joey Napolitano, Johnette Lin PA495 150
EMILONGITUDE
75. I Keep It Comin' Casey, Harry Wayne/Finch, EU 725 446
EMILONGITUDE ! Love Richard Raymond 76. ! Keep Your Goffin,
Gerry/King, Carole EU732-343 SCREEN GEMS
Hands Off My Baby
77. Knock Three Brown, L. Russell/Levine, EU 219335 EMISOSAHA i
Times Irwin 78. Last Train To Hart, Bobby/Boyce, Tommy EU 959-855;
SCREEN GEMS
Clarksville 9/8/1966 RE 656-443; 3/15/1994 EP 224-641;
11/8/1966
-
RE 656-440; I 311511994
79. Leroy The Pippin, Stevan UDiffie, PA0000643855 EMILONGITUDE
Redneck Joe/Slate, Stacey PA0000643929 Reindeer PA0000767757
80. LetMeBeThe Martinec, Lewis A PA0000330210 SCREEN GEMS
One
81. Little Things Calisch, Edith UStutz, Carl EP 78057 EMIFEIST
Mean A Lot
82. Look Through Silverman, EFO 108320 GLENWOOD Any Window
Charles/Gou1dman, Graham
83. Louie Louie Berry, Richard EU 471125, EMILONGITUDE 3/2211957
RE 229368, 12/31/1984
84. Maggie May Stewart, Rod/Quittenton, EP 289799 EMIFULLKEEL
Martin
85. Magic Paton, David/Lyall, Billy EFO 174038 SCREEN GEMS 86.
Mandy Kerr, Richard/English, Scott EP 295330- SCREEN GEMS
10/24/1971 RE 813-704-12/29/1999 EP 380031-11/411977 RE
911-453-113/2005
87. Mary Mary Nesmith, Michael EU 967-817; SCREEN GEMS
12112/1966 RE 673-114; 5/27/1994
88. Me And Paul Nelson, Willie EP 291853, EMILONGITUDE 9/20/1971
RE 803395, 1121/199
89. Men Byrne, Robert/Schulman, PA 300-741: SCREEN GEMS David
Alan 9/10/1986
i 90. Minnie The Calloway, Cab/Gaskill, EP22824 EMIMILLS Moocher
Clarence/Mills, Irving
91. MonyMony Bloom, Bobby/James, EP 244045,4/4/1968 EMILONGITUDE
Tommy/Rosenblatt, RE 738527, Richard/Gentry, Bo 9/11/1996
92. Moody Blue James, Mark EP347951 SCREEN GEMS 93. My Heart
Gordon, Alan Lee EU 358584 EMISOSAHA
Belongs To Me 94. Next Door To Sedaka, NeiUGreenfield, EU736356
SCREEN GEMS
-
An Angel Howard 95. No More Harris, James Samuel PA 1092111,
SCREEN GEMS
Drama Iii/Lewis, Terry/De Vorzon, 11113/2001 Barry Botkin, Perry
L
96. No One Else Colucci, Jill/Harris, PA 142663, EM! GOLDEN On
Earth Stewart!Lorber, Sam 07/02/1992 TORCH
PAu 1401733, 07/13/1990
97. Oh Carol Sedaka, Neil/Greenfield, EP 138374 SCREEN GEMS
Howard
98. On Broadway Mann, Barry/W eil, EU 734579: 8/31/62 SCREEN
GEMS Cynthia!Leiber, RE485-344: Jerry/Stoller, Mike 7/20/1990
99. On The Road Nelson, Willie PAu 197371, EMILONGITUDE Again
2/5/1980
100. One Fine Day Goffin, Gerry/King, Carole EU 766114, SCREEN
GEMS 04112/1963; RE 528808, 03/14/1991 EP 177215, 06/19/1963; RE
567555, 12/3111991 RE 544157, 04/0811991
101. Over The Harburg, E.Y. "Yip"/Arlen, EU 171647; EMIFEIST
Rainbow Harold 7118/1938
R 364974; 7/19/1965 EU 175159; 8/24/1938 R 366767; 8/2511965 EP
74284; 1118/1939 R 378562; 1/18/1966
102. Patches Mann, Barry/Kolber, Larry EU714611 SCREEN GEMS 103.
People Got To Brigati, Edward J/Cavaliere, EU 61084/RE
EMIJEMAXAL
Be Free Felix 732283 104. Peppermint DiNicola, Joseph/Glover, EU
692812, EMILONGITUDE
Twist Henry 10/26/1961 RE 428002, 2/1411989
-
105. Pleasant Goffin, Gerry/King, Carole EU 4-825; SCREEN GEMS
Valley Sunday 7111/1967
RE 789-422; 1119/1998 EP 236-549; 9/411967 RE 715-826;
3/11/1996
106. Pour Me Stevens, Even/Rabbitt, P A0000028870 SCREEN GEMS
Another Eddie/Malloy, David
Tequila 107. Prop Me Up Blaylock, Rick/Perdew, PA 613 096
EMIT...ONGITUDE
Beside The Howard/Phillips, Kerry Kurt Jukebox (If I Die)
108. Pump It Roubanis, PA0001162173 EMIGROVE Nicholas/Ferguson,
PARK MUSIC Stacy/ Adams, Will Pineda, Allan/Van Musser, Thomas
109. Real Love Malloy, David/Me Cormick, PAu000704374 SCREEN
GEMS Randy/Brannan, Richard
110. Rock This Setzer, Brian PA 167973, EMILONGITUDE Town
1111511982
111. Santa Claus Is Coots, J. Fred/Gillespie, EU93634, EMIFEIST
Comin'To Haven 09/2711934; Town R282480,
09/2711961 EP44456, 10/25/1934; R283907, 10/25/1961
112. Save The Best Lind, Jonathan G/W aidman, Pau 1278896
EMILONGITUDE For Last Wendy/Galdston, Philip
Edward 113. She's Got It All Womack, Drew/Wiseman, PA 886-673
EMIFULLKEEL
Craig 114. Shout Isley, Ronaldllsley, EP 132762,
EMILONGITUDE
Rudolphllsley, O'kelly 811811959 RE 321408, 1112/1987 RE 340032,
5/26/1987 EP 132761,
I 811811959 RE 321406,
-
1/12/1987 RE 340033, 5/26/1987
115. Silent Lucidity Degarmo, Christopher PA 498 412 SCREEN GEMS
116. Singin' In The Freed, Arthur/Brown, Nacio EP 6350, 5/27/1929
EMIROBBINS
Rain Herb R 176608,9/10/1956 "Theme" R 171197, 5/28/1965
117. Single White - Smith, Shaye/Johnson, PA 964-705 EMIFULLKEEL
Female Carolyn Dawn
118. Sixteenth Schuyler, Thorn PA0000148737 SCREEN GEMS
Avenue
119. Smoke On The Lord, Jon!Paice, Ian/Gillan, EF0155448
GLENWOOD Water Ian/Glover, Roger D
Blackmore, Ritchie 120. Southern
i Toussaint, Allen EU 535596/RE 853- SCREEN GEMS
Nights 762/EP 253218/RE 911-262
121. Space Truckin' Lord, Jon!Paice, Ian/Gillan, EF0000155453
GLENWOOD Ian/Glover, Roger D RE0000832838 Blackmore, Ritchie
i 122. Stray Cat Strut Setzer, Brian PA 168000, EMILONGITUDE
11/15/1982
123. Surrender Nielsen, Rick PA 20-414: SCREEN GEMS
6/16/1978
124. Sweet Talkin' Morris, Doug/Greenberg, EU 930398 SCREEN GEMS
Guy Eliot/Baer, Barbara J
I Schwartz, Robert Michael ! 125. 1 That's The Casey, Harry
Wayne/Finch, EU6060200, EMILONGITUDE
Way (I Like It) Richard Raymond 8118/1975 RE 877393,
I 1/2/2003 126. The Greatest Creed, Linda/Masser, EU 774309;
EMIGOLDEN
Love Of All Michael 4/511977 TORCH RE 911177; 1/3/2005
127. The Loco- King, Carole/Goffin, Gerry EU 721814: SCREEN GEMS
Motion 5/23/1962
RE 491-586: 7/27/1990 EP 166455: 7/27/1962 RE 491-487:
7/27/1990
128. The Right Herman, Lew PA 30-124: SCREEN GEMS Time
4/23/1979
-
129. The Shadow Webster, Paul EP 204252 EMIMILLER Of Your Smile
Francis/Mandel, Johnny (Vocal Version)
130 The Sky Is James, Elmore EU 643766 EMILONGITUDE Crying
131. Theme From Hart, Bobby/Boyce, Tommy EP 225554, SCREEN GEMS
. The Monkees 12/15/1966;
RE 662875, 06/27/1994
132. To Sir, With Black, Don/London, Mark EP 243727 SCREEN GEMS
Love
. 133. Tonight I Goffin, Gerry/Masser, PA 184-186 SCREEN GEMS
Celebrate My Michael Love
134. Tossin' And Ziegler, Richard A/Rene, EU 671257 EMIGROVE
Tumin' Malou PARK MUSIC
135. Turning Fenton, David PA-77-988 GLENWOOD Japanese
136. Up On The Goffin, Gerry/King, Carole EP 279751 SCREEN GEMS
Roof i
7. Valleri Hart, Bobby/Boyce, Tommy EU995281 SCREEN GEMS 138.
Walking In Mann, Barry/Weil, EU 848303/EP SCREEN GEMS
The Rain Cynthia/Spector, Phil 312348/RE 876-972/RE 903-939/RE
321-405/EU827265
139. Wannabe Halliwell, Geri!Bunton, PA 883313, EMIFULLKEEL Emma
Lee/Brown, Melanie 04116/1997
I
J anine Chisholm, Melanie Jayne/Beckham, Victoria Caroline
I 140. We Belong Lowen, David Eric/Navarro, PA 239-328: SCREEN
GEMS Daniel Anthony 1/29/1985
PA 250-511: I 1111/1984
141. We GottaGet Mann, Barry/W eil, Cynthia EU 895-700; SCREEN
GEMS Out Of This 8/511965 Place RE 622-907;
3/2211993 142. When She Beeson, Marc/Lemaire, PA-689-983
EMILONGITUDE
Cries Sonny . 143. When You Say Overstreet, Paul/Schlitz, PA
374584, SCREEN GEMS
Nothin' At All Don 08/1511988 1144. Where The Sedaka,
Neil/Greenfield, EU 629-289; SCREEN GEMS
Boys Are Howard 6/2311960 i RE 384-714;
-
112711988 EU 634-765; 8/5/1960 RE 372-110; 111111988
145. Who Put The Mann, Barry/Goffin, Gerry EU 684-102; SCREEN
GEMS Bomp "In 8/1811961 TheBomp RE 426-886; BompBomp" 2/1011989
EP 165-165; 8/30/1961 RE 428-941; 2/10/1989
146. Will You Love Goffin, Gerry/King, Carole EU 653713, SCREEN
GEMS Me Tomorrow 01/06/1961;
RE429038, 02/1011989 EP 152940, 05/1511961; RE 456965,
12/26/1989
147. Working In Toussaint, Allen EU 948400 SCREEN GEMS The Coal
Mine
1148. Xxx'sAnd Berg, Matraca PA 753929, dated EMILONGITUDE Ooo's
(An Maria/Randall, Alice 4/411995 American Girl)
149. You Don't Glover, John/Dean, James EU 726330/RE 911-
EMILONGITUDE Have To Be A 519/RE-700-816/R Star (To Be In 223998
My
150. You Make Me Goffin, Gerry/King, EU 16787- SCREEN GEMS Feel
Like A Carole/W exler, Gerald 9/27/1967 Natural RE 690-535-Woman
2/111995
EP 291308-8/9/1971 RE 794-745-12/3111998
151. You've Lost Mann, Barry/W eil, EU 854820; SCREEN GEMS That
Lovin' Cynthia/Spector, Phil 11/2311964 Fee lin' RE 570564;
116/1992 EP 198070; 1/2711965 RE 610504; 114/1993
-
Exhibit 2 to
Complaint for Injunction and Damages EMI FEIST CATALOG, INC., et
al.
v.
SLEP-TONE ENTERTAINMENT CORPORATION, et al.
(EMI Songs on Sound Choice Karaoke Discs from the "Power Picks,"
"Spotlight" and "Star Series" karaoke discs)
Title Writer(s) Registration Publisher II. Fool For Your Moody,
Mick/Marsden, PA0000451052 EMILONGITUDE
Loving Bemie/Coverdale, David 2. Ghostbusters Parker, Ray
Erskine Jr PA 218114, EMIGOLDEN
7113/1989 TORCH PA 218120, 711311989 (Inst. Version)
3. Have Yourself A Blane, Ralph/Martin, EU 354875; EMIFEIST
Merry Little Hugh 11122/1943 Christmas R495419;
11/23/1970 R495420; 11/23/1970 EP 126302; 10/20/1944 R
515274;
i 10/20/1971 14. Hooked On A James, Mark EP 249766, dated SCREEN
GEMS
Feeling 9/13/1968; RE 724694, dated 1/16/1996
5. I'm Into Something Goffin, Gerry/King, EU 818747 SCREEN GEMS
I Good Carole
6. Joey Napolitano, Johnette Lin PA 495 150 EMILONGITUDE i 7.
Keep Your Hands Goffin, Gerry/King, EU 732-343 SCREEN GEMS
OffMyBaby Carole 8. Knock Three Brown, L. EU 219335
EMISOSAHA
Times Russell/Levine, Irwin I 9. Last Train To Hart,
Bobby/Boyce, EU 959-855; SCREEN GEMS
Clarksville Tommy 9/8/1966 RE 656-443;
-
3115/1994 EP 224-641; 11/8/1966 RE 656-440; 311511994
10. One Fine Day Goffin, Gerry/King, EU 766114, SCREEN GEMS
Carole 04/1211963;
RE 528808, 03/1411991 EP 177215, 0611911963; RE 567555,
12/3111991 RE 544157, 04/08/1991
11. Silent Lucidity Degarmo, Christopher PA498 412 SCREEN GEMS
12. To Sir, With Love Black, Don/London, EP 243727 SCREEN GEMS
Mark 13. We Gotta Get Out Mann, Barry/W eil, EU 895-700; SCREEN
GEMS
Of This Place Cynthia 8/5/1965 RE 622-907; 3/2211993
, 14. I ~!~n You Say Overstreet, PauVSchlitz, PA 374584, SCREEN
GEMS ! thin' At All Don 08115/1988
-
Exhibit 3 to
Complaint for Injunction and Damages EMI FEIST CATALOG, INC.,
etal.
v. SLEP-TONE ENTERTAINMENT CORPORATION, et al.
(EMI Copyrights on Unlicensed "Brick" karaoke discs) Title
Writer(s) Registration Publisher
1. Another Rainy Degarmo, PA 498 409 SCREEN GEMS Night (Without
Christopherffate, You) Geoff/Jackson, Eddie
2. A-Tisket A-Tasket Fitzgerald, EU 170752, dated EMIROBBINS
Ella/ Alexander, Van 6/29/1938;
R 364231, dated 6/29/1965 EP 70253, daetd 7/11/1938; R 364909,
dated 711211965
3. Breaking Up Is Sedaka, Neil/Greenfield, EU 724-459; SCREEN
GEMS Hard To Do Howard 6/7/1962
RE 491-465; 7/27/1990 RE 501-221; 12/5/1990 EP 165-278; 7/9/1962
RE 491-450; 7/2711990 RE 501-238; 12/5/1990
4. By The Time I Get Webb, Jimmy L EP 249530 EMISOSAHA To
Phoenix
5. Cry Like A Baby Penn, Dan/Oldham, RE 724-293 SCREEN GEMS
Spooner
6. Deeper Than The Overstreet, Paul/Schlitz, PA 418-887 SCREEN
GEMS Holler Don
7. Different Drum Nesmith, Michael EU 892696, dated SCREEN GEMS
711611965; RE 649883, dated 12/28/1993
-
EU 78965, dated 111911967; RE 701657, dated 4/7/1995
8. Don't Say Nothin' Goffin, Gerry/King, EU 753329 SCREEN GEMS
Bad (About My Carole Baby)
9. Hearts On Fire Rabbitt, Eddie/Stevens, P A0000002597 SCREEN
GEMS I Even/Tyler, Dan
10. Here You Corne Mann, Barry/Weil, EU 809930- SCREEN GEMS
Again Cynthia 8/15/1977
RE 911-785-1/3/2005 EP 380034-11/311977 RE 911-455-1/3/2005
11. Hooked On A James, Mark EP 249766, dated SCREEN GEMS Feeling
9113/1968;
RE 724694, dated 1116/1996
12. Hungry Mann, Barry/Weil, EU943843 SCREEN GEMS Cynthia
13. I Believe In You Cook, Roger F./Hogin, PA 807 135 SCREEN
GEMS Sam
14. I Can't Stay Mad Goffin, Gerry/King, EU 780854 SCREEN GEMS
At You Carole I
15. I Love A Rainy Rabbitt, Eddie/Stevens, PA 72-475 SCREEN GEMS
I Night Even/Malloy, David
16. I Think We're Rosenblatt, Richard EP 226335, EMILONGITUDE
Alone Now 1/24/1967
RE 702512, 6/511995
17. If I Give My Heart Crane, Jimmie/Brewster, EU 316262
EMIMILLER To You Jimmy/Jacobs, AI
18. LetMeBeThe Martinee, Lewis A PA0000330210 SCREEN GEMS
One
19. Little Things Mean Calisch, Edith UStutz, EP 78057
EMIFEIST
~~ Carl Heart Belongs Gordon, Alan Lee EU 358584 EMISOSAHA Me
Door To An Sedaka, Neil/Greenfield, EU 736356 SCREEN GEMS
Angel Howard 22. On Broadway Mann, Barry/Weil, EU 734579: SCREEN
GEMS
Cynthia/Leiber, 8/31162 Jerry/Stoller, Mike RE 485-344:
-
7/2011990 23. One Fine Day Goffin, Gerry/King, EU766114, SCREEN
GEMS
Carole 04/1211963; RE 528808, 03/14/1991 EP 177215,
!
06119/1963; RE 567555, 12/3111991 RE 544157, 04/0811991
24. Pour Me Another Stevens, Even!Rabbitt, P A0000028870 SCREEN
GEMS Tequila Eddie/Malloy, David
25. Singin' In The Rain Freed, Arthur/Brown, EP 6350, EMIROBBINS
"Theme" Nacio Herb 5/2711929
R 176608, 9/10/1956 R 171197, 5/2811965
26. That's The Way (I Casey, Harry EU 6060200, EMILONGITUDE Like
It) Wayne/Finch, Richard 8/18/1975
Raymond RE 877393, 112/2003
27. Who Put The Mann, Barry/Goffin, EU 684-102; SCREEN GEMS Bomp
"In The Gerry 811811961 BompBomp RE426-886; Bomp" 2110/1989
EP 165-165; 8/30/1961 RE 428-941; 2/10/1989
-
Exhibit 4 to
Complaint for Injunction and Damages EMI FEIST CATALOG, INC., et
al.
v. SLEP-TONE ENTERTAINMENT CORPORATION, et al.
(EMI Copyrights on Unlicensed "Foundation" karaoke discs) Title
Writer(s) Registration Publisher
1. Against All Odds Collins, Phil PA 205096, EMIGOLDEN (Take A
Look At 02/27/1984 TORCH Me Now)
2. Ain't Nobody Wolinski, David J PA 180772, EMIFULLKEEL
7/22/1983
. 3. Always On My James, Mark/Thompson, EP 293227: SCREEN GEMS
Mind Wayne/Christopher, John 11/16/1973
L. Jr. RE 795-500: 12/3111998
4. Barbara Ann Fassert, Fred EU 566105; EMILONGITUDE 3/1111959
RE 334615; 3/25/1987
15. I Blue Moon Rodgers, Richard/Hart, EP 45186, EMIROBBINS
Lorenz 12/511934
R 286391, 12/511961
! 6. Chattanooga Chao Warren, Harry/Gordon, EP 95797, EMIFEIST
Chao Mack 6/27/1941
R 460142, 4/1/1969
7. Daydream Believer Stewart, John EU 24395, SCREEN GEMS
11/13/1967 RE 694197, 4/711995
8. Delilah Reed, Les/Mason, Barry EU 38093 GLENWOOD 9. Eighteen
Wheels Nelson, Paul/Nelson, PAu001012239 SCREEN GEMS
And A Dozen Gene Roses
10. Ghostbusters Parker, Ray Erskine Jr PA 218114, EMIGOLDEN
I 7/1311989 TORCH PA 218120,
-
7113/1989 (Inst. Version)
11. Here Comes The Remi, Salaam/Kamoze, PA0000892751
EMILONGITUDE 1
Hotstepper (Dirty Ini/Kenner, i Version) Christopher/Nix, Kenton
112. HonkyTonk Bogan, Lee C/Diffie, Joe PA0000613369
EMILONGITUDE
Attitude 13. Last Train To Hart, Bobby/Boyce, EU 959-855; SCREEN
GEMS
Clarksville Tommy 9/811966 RE 656-443; 3/1511994 EP 224-641;
1118/1966 RE 656-440; 3/1511994
14. Louie Louie Berry, Richard EU 471125, EMILONGITUDE 3/2211957
RE 229368, 12/3111984
! 15. Men Byrne, Robert/Schulman, PA 300-741: SCREEN GEMS David
Alan 9/10/1986
16. Minnie The Calloway, Cab/Gaskill, EP22824 EMIMILLS Moocher
Clarence/Mills, Irving
17. Moody Blue James, Mark EP347951 SCREEN GEMS 1 18. No One
Else On Colucci, Jill/Harris, PA 142663, EMIGOLDEN
Earth Stewart/Lorber, Sam 07/02/1992 TORCH PAu 1401733,
07/13/1990
19. I On The Road Nelson, Willie PAu 197371, EMILONGITUDE Again
2/511980
20. Over The Rainbow Harburg, E.Y. EU 171647; EMIFEIST "Yip"/
Arlen, Harold 7/18/1938
R 364974; 7/19/1965 EU 175159; 8/24/1938 R 366767; 8/25/1965 EP
74284; 111811939 R 378562; 111811966
21. Peppermint Twist DiNicola, EU 692812, EMILONGITUDE
I
Joseph/Glover, Henry 10/26/1961 RE428002, 211411989
-
22. Santa Claus Is Coots, J. Fred/Gillespie, EU 93634, EMIFEIST
Comin' To Town Haven 09/27/1934;
R 282480, 09/2711961
EP44456, 10/2511934; R 283907, 1012511961
23. Single White Smith, Shaye/Johnson, PA 964-705 EMIFULLKEEL
Female Carolyn Dawn
24. Southern Nights Toussaint, Allen EU 535596/RE SCREEN GEMS
853-762/EP 253218/RE 911-262
25. The Loco-Motion King, Carole/Goffin, EU 721814: SCREEN GEMS
Gerry 5/23/1962
RE 491-586: 7/2711990 EP 166455: 7/27/1962 RE 491-487:
7/2711990
26. The Shadow Of Webster, Paul EP204252 EMIMILLER Your Smile
Francis/Mandel, Johnny (Vocal Version)
27. To Sir, With Love Black, Don/London, EP 243727 SCREEN
GEMS
t!m, Gerry/King, 28. Up On The Roof EP 279751 SCREEN GEMS
ole
29. When She Cries Beeson, Marc/Lemaire, PA-689-983 EMILONGITUDE
Sonny
30. Where The Boys Sedaka, Neil/Greenfield, EU 629-289; SCREEN
GEMS Are Howard 6/23/1960
RE 384-714; 112711988 EU 634-765; 8/5/1960 RE 372-110;
111111988
31. You Don't Have Glover, John/Dean, EU 726330/RE EMILONGITUDE
To Be A Star (To James 911 - 519/RE-700-Be In My 816/R 223998
-
Exhibit 5 to
Complaint for Injunction and Damages EMI FEIST CATALOG, INC.,
etal.
v. SLEP-TONE ENTERTAINMENT CORPORATION, et al.
(EMI Copyrights on Unlicensed "The Karaoke Channel" karaoke
discs) Title Writer(s) Registration Publisher
1. A Girl Like You Brigati, Edward EP234330 EMIJEMAXAL
J/Cavaliere, Felix
2. Another Rainy Degarmo, PA498 409 SCREEN GEMS Night (Without
Christopherffate, You) Geoff/Jackson, Eddie
3. Breaking Up Is Sedaka, NeiVGreenfield, EU724-459; SCREEN GEMS
Hard To Do Howard 6/7/1962
RE 491-465; 7/27/1990 RE 501-221; 12/5/1990 EP 165-278; 7/911962
RE491-450; 7/2711990 RE 501-238; 12/5/1990
14. By The Time I Get Webb, Jimmy L EP 249530 EMISOSAHA To
Phoenix
5. Clumsy Ferguson, Stacyffroup, P AOOO 1165468 EMIROBBINS
Bobby/ Adams, Will/Simmons, Russell W Smith,
i I Lawrence/Spicer, James 6. Don't SayNothin' Goffin,
Gerry/King, EU 753329 SCREEN GEMS
Bad (About My Carole Baby)
. 7. Eighteen Wheels Nelson, Paul/Nelson, PAu001012239 SCREEN
GEMS And A Dozen Gene Roses
8. Empire Wilton, MichaeVTate, PA498410 SCREEN GEMS I Geoff
-
9. Fool For Your Moody, Mick/Marsden, PA0000451052 EMILONGITUDE
I Loving Bernie/Coverdale, David
10. Happy Birthday Sedaka, Neil/Greenfield, EU 691-815; SCREEN
GEMS Sweet Sixteen Howard 10/1711961
RE426-997; 2/10/1989
11. Here Comes The Remi, Salaam/Kamoze, PA0000892751
EMILONGITUDE Hotstepper (Dirty Ini/Kenner, Version)
Christopher/Nix, Kenton
12. How Can I Be Sure Brigati, Edward EP 255 773 EMIJEMAXAL
J/Cavaliere, Felix
i 13. I Can't Stay Mad Goffin, Gerry/King, EU 780854 SCREEN GEMS
At You Carole
114. I Like It, I Love It Dukes, Steve/ Anderson, PA 643-837
EMIFULLKEEL Jeb Stuart/Hall, Markus
15. If I Only Had A Harburg, E. Y. EU 171652, dated EMIFEIST
Brain A Heart "Yip"/ Arlen, Harold 7/18/1938;
1 And The Nerve R 364975, dated 7/19/1965 EP 74977, dated
2/8/1939 R 3 79227, dated 2/811966 EP 79154, dated 1n11939 R
390359, dated 8/311966
16. I'm Into Something Goffin, Gerry/King, EU 818747 SCREEN GEMS
Good Carole
17. I'm Your Boogie Casey, Harry EU725 440 EMILONGITUDE Man
Wayne/Finch, Richard
Raymond 18. Indian Lake Romeo, Tony EU 48352 SCREEN GEMS
I 19. Infatuation Stewart, Rod/Hitchings, PA 900 736 EMIFULLKEEL
Duane S/Robinson, Roland
20. It's Raining Men Jabara, Paul/Shaffer, Paul PA 155624,
EMISOSAHA 11116/1982
21. Joey Napolitano, Johnette Lin PA495 150 EMILONGITUDE 22.
Keep It Comin' Casey, Harry EU 725 446 EMILONGITUDE
Love Wayne/Finch, Richard Raymond
23. I Keep Your Hands Goffin, Gerry/King, EU 732-343 SCREEN GEMS
OffMyBaby Carole
24. Leroy The Pippin, Stevan UDiffie, P A0000643855
EMILONGITUDE
-
Redneck Reindeer Joe/Slate, Stacey P A0000643929
PA0000767757
25. Let Me Be The Martinee, Lewis A P A0000330210 SCREEN GEMS I
One
26. Mandy Kerr, Richard/English, EP 295330- SCREEN GEMS Scott
10/24/1971
RE 813-704-12/29/1999 EP 380031-1114/1977 RE
911-453-113/2005
27. Next Door To An Sedaka, Neil/Greenfield, EU 736356 SCREEN
GEMS Angel Howard
28. OhCarol Sedaka, Neil/Greenfield, EP 138374 SCREEN GEMS
Howard
29. One Fine Day Goffin, Gerry/King, EU 766114, SCREEN GEMS
Carole 0411211963;
RE528808, 03/1411991
EP 177215, 06119/1963; RE 567555, 12/3111991 RE544157,
04/08/1991
30. ! Pleasant Valley Goffin, Gerry/King, EU 4-825; SCREEN GEMS
Sunday Carole 711111967
RE 789-422; 11/9/1998 EP236-549; 9/411967 RE 715-826;
I 311111996 31. Pour Me Another Stevens, Even/Rabbitt, P
A0000028870 SCREEN GEMS
Tequila Eddie/Malloy, David 32. Prop Me Up Blaylock,
Rick/Perdew, PA 613 096 EMILONGITUDE I
Beside The Howard/Phillips, Kerry Jukebox (If I Die) Kurt
33. Pump It Roubanis, PA0001162173 EM! GROVE
Nicholao;;/Ferguson, PARK MUSIC Stacy/ Adams, Will Pineda,
Allan/Van Musser, Thomas
34. Santa Claus Is Coots, J. Fred/Gillespie, EU 93634, EM!
FEIST
-
Comin' To Town Haven 09/27/1934; R 282480, 09/27/1961 EP 44456,
10/25/1934;
! R 283907, 10/25/1961
35. . She's Got It All Womack, PA 886-673 EMIFULLKEEL
Drew/Wiseman, Craig
36. Southern Nights Toussaint, Allen EU 535596/RE SCREEN GEMS
853-762/EP 253218/RE 911-262
37. The Loco-Motion King, Carole/Goffin, EU 721814: SCREEN GEMS
Gerry 5/23/1962
RE 491-586: 7/2711990 EP 166455: 7/2711962 RE 491-487:
7/27/1990
38. The Sky Is Crying James, Elmore EU 643766 EMILONGITUDE I 39.
Tonight I Celebrate Goffin, Gerry/Masser, PA 184-186 SCREEN
GEMS
My Love Michael i 40. Up On The Roof Goffin, Gerry/King, EP
279751 SCREEN GEMS
Carole 41. Valleri Hart, Bobby/Boyce, EU995281 SCREEN GEMS
Tommy 42. Walking In The Mann, Barry/Weil, EU 848303/EP SCREEN
GEMS
Rain Cynthia/Spector, Phil 312348/RE 876-972/RE 903-939/RE
321-405/EU827265
43. Wannabe Halliwell, Geri/Bunton, PA 883313, EMIFULLKEEL Emma
Lee/Brown, 04/16/1997 Melanie J anine Chisholm, Melanie
Jayne/Beckham, Victoria Caroline
44. Will You Love Me Goffin, Gerry/King, EU 653713, SCREEN GEMS
Tomorrow Carole 01/06/1961;
RE429038, 02/10/1989 EP 152940, 05/15/1961; RE456965,
-
12/2611989 45. You've Lost That Mann, Barry/Weil, EU 854820;
SCREEN GEMS
Lovin' Feelin' Cynthia/Spector, Phil 11/2311964 RE 570564;
1/611992 EP 198070; 1127/1965 RE 610504; 11411993