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Louis Willacy (SBN 186356)LOUIS WILLACY, ESQ360 Grand Avenue,
Suite 250Oakland, California 94610TEL: (415)
670-9400Fax:(415)[email protected]
Attorney for PlaintiffSIDNEY EARL SWANSON
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
T!p
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SIDNEY EARL SWrANSON,an individual,
J)CV14 01 975'Mm(ZT5y^"^ Case No. v .>
Plaintiff.vs.
MJJ PRODUCTIONS, INC., a Californiacorporation; SONY MUSIC
HOLDINGSINC., a Delaware corporation; TIMOTHYZACHERY MOSLEY, an
individual; CORYROONEY. an individual; and DOES 1through 10,
inclusive,
Defendants./
COMPLAINT FOR COPYRIGHTINFRINGEMENT
DEMAND FOR JURY TRIAL
Plaintiff SIDNEY EARL SWTANSON, for his Complaint against
Defendants, and each ofthem, alleges as follows:
P.ARTIES
1. Plaintiff SIDNEY EARL SWANSON ("SW.ANSON") isanindividual
resident ofTHfe State of California.
COMPLAINT FOR COPYRIGHT INFRINGEMENT with DEMAND FOR JURY
TRIAL
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2. Defendant MJJ PRODUCTIONS, INC. ("MJJ PRODUCTIONS") is
acorporationorganized and existing under the laws ofthe State
ofCalifornia, with its principal place of
business located in North Hollywood. California, within this
district.
3. Defendant SONY MUSIC HOLDINGS INC. dba SONY MUSIC
ENTERTAINMENT and/or EPIC RECORDS ("SONY") isa corporation
organized andexisting under the laws of the State ofDelaware, with
its principal place ofbusiness located in
New York, New York.
4. Upon information and belief, Defendant TIMOTHY ZACHERY
MOSLEY
professionally known as TIMABALAND ("TIMBALAND"). is an
individual resident of theState of California.
5. Upon information and belief, Defendant CORY ROONEY
("ROONEY"), whosefull name is Mark Rooney, is an individual
resident of the State of New York.
6. The names, residences and capacities of the Defendants named
herein as DOES 1
through 10 areunknown to Plaintiff at this time. Plaintiff is
informed andbelieves, and thereon
alleges, that each ofthe fictitiously named Defendants is in
some way liable, jointly andseverally, toPlaintiff for the damages
alleged herein, either together with, or independently of,
each other Defendant. At such time as the fictitiously named
Defendants are identified, Plaintiff
will amend this Complaint to state each of their true names,
capacities and residences.
7. At all material times, each Defendant acted as the agent
and/or principal ofeach
other Defendant and each is equally liable for the wrongful acts
of the other.
JURISDICTION AND VENUE
8. Subject matter jurisdiction is invoked pursuant to 28 U.S.C.
1331 and 1338because this action is based on federal copyright
law.
COMPLAINT FOR COPYRIGHT INFRINGEMENT with DEMAND FOR JURY
TRLAL
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9. Venue is proper in tins district pursuant to 28 U.S.C.
1391(b)(2) because theinfringement occurred in this district and
pursuant to 28 U.S.C. 1391(b)(3) because at least onedefendant
resides in this district.
GENERAL AVERMENTS
10. Swanson is the owner ofthe copyright in the composition and
sound recording
copyright entitled "Come Home On the Move" (the "Infringed
Composition") written bySWANSON, U.S. Copyright Registration No.
PAu002712187, dated September 11, 2002.
Attached hereto as Exhibit "A" is atrue and correct copy of the
composition and sound recordingregistration for the Infringed
Composition.
11. On or about May 2014, Defendants SONY and MJJPRODUCTIONS
released for
sale and distribution the sound recording "Chicago,"
("Defendants' Sound Recording") featuredas the second track on
Xscape, the posthumous album offamed singer-performer Michael
Jackson, which has achieved tremendous financial success.
12. Defendants TIMBALAND and ROONEY are two of the artists
credited with
creating the Defendants' Sound Recording.
13. Defendants' Sound Recording is, and continuously has
beensince it was first
released, offered for sale in vanous media. It continues to this
day to beoffered for sale on CDs
and available for downloading from iTunes, Amazonmp3.com,
eMusic.com as well asother
internet music providers. On information and belief, Defendants'
Sound Recordine still
generates substantial income for all Defendants at this
time.
14. On information and belief. Defendants copied and
incorporated substantial,
original portions ofthe Infringed Composition in Defendants'
Sound Recording. The portions of
the Infringed Composition which have been copied into
Defendants' Sound Recording are
COMPLAINT FORCOPYRIGHT INFRINGEMENT with DEMAND FOR JURY
TRIAL
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numerous. There is a substantial similarity between the
Infringed Composition and Defendants'
Sound Recording due to Defendants' copying.
15. Defendants' copying, duplication, use, performance and
exploitation ofthe
Infringed Composition in Defendants' Sound Recording constitute
infringement of
SWANSON's copyright in the Infringed Composition.
FIRST CLAIM FOR RFI TFF
COPYRIGHT INFRINGEMENT
16. Plaintiff repeats and incorporates byreference the
allegations contained in
Paragraphs 1 through 15 above, as though fully set forth.
17. Plaintiff is, and at all material times hereto has been, the
owner ofthe copyright in
the Infringed Composition and is entitled and authorized to
protect his composition against
copyright infringement, including the enforcement of copyright
actions. Plaintiff secured the
exclusive rights under U.S.C. 106, among others, to "reproduce
the copyrighted work in copiesorphonorecords," "toprepare
derivative works based upon tire copyrighted work,"
"todistribute
copies orphonorecords of the copyrighted work to the public
bysale orother transfer of
ownership, or by rental, lease, or lending," and to "perform the
copyrighted work publicly."
18. Plaintiff did not authorize Defendants to copy, reproduce,
perform, or use the
Infringed Composition in Defendants' Sound Recording, or at all.
Defendants did not seek or
obtain any permission, consent or license from Plaintiff for the
copying, reproduction,
performance or use ofthe Infringed Composition in Defendants'
Sound Recording or in any uses
thereof that were made or authorized by Defendants, or at
all.
19. Defendants, and each ofthem, have infringed, and are
continuing to infringe
upon. Plaintiffs copyright in the Infringed Composition by
copying, preparing a derivative
COMPLAINT FOR COPYRIGHT INFRINGEMENT with DEMAND FOR JURY
TRIAL
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work, reproducing and using, and causing, contributing to, and
panicipating in the unauthorized
copying, preparing a derivative work, reproduction and using,
ofthe Infringed Composition in
Defendants' Sound Recording and causing the same to be publicly
distributed in retail stores, on
the internet, by digital download and otherwise.
20. Defendants never paid Plaintiff for the use of the Infringed
Composition.
Defendants have infringed on Plaintiffs exclusive rights by:
(a) Reproducing Plaintiffs copyrighted work in copies
orphonorecords inviolation of 17 U.S.C. 106(1);
(b) Preparing derivative works based on Plaintiffs copyrighted
work in violationof 17 U.S.C. 106(2);
(c) Distributing copies or phonorecords of Plaintiffs
copyrighted work and
derivative work to the public bysale or other transfer
ofownership, orby
rental, lease, or lending in violation of 17 U.S.C. 106(3);
(d) Performing Plaintiffs copyrighted work or a derivative
thereof publicly inviolation of 17 U.S.C. 106(4); and
(e) Performing Plaintiffs copyrighted work and derivative work
publicly bymeans of a digital audio transmission in violation of 17
U.S.C. 106(6).
Defendants failed to properly attribute the authorship of
Defendants' Sound
21.
ii
Recording to Plaintiff.
23. Defendants' acts of infringement were done, and now continue
to be done with
knowledge that such actions constitute an infringement of
Plaintiffs exclusive rights and are,
therefore, willful. At a minimum, Defendants acted in reckless
disregard ofPlaintiffs copyright,
COMPLAINT FOR COPYRIGHT INFRINGEMENT with DEMAND FOR JURY
TRIAL
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24. As a result of their actions. Defendants, and each of them,
are liable to Plaintiff
for willful copyright infringement under 17 U.S.C. 501.
Plaintiff suffered, will continue tosuffer and is entitled to
recover from Defendant, substantial damage to his professional
reputation and goodwill, aswell as losses in an amount
yetascertained, but which willbe
determined according toproof, pursuant to 17 U.S.C. 504(b). In
addition to Plaintiffs actualdamages. Plaintiff is entitled to
receive the profits made by Defendants from their wrongful
acts,
pursuant to 17 U.S.C. 504(b).
25. As a direct and proximate result of Defendants'
infringement, Plaintiffhas
incurred attorneys' fees and costs, in an amount according to
proof, which are recoverable under
the provisions of 17 U.S.C. 505.
WHEREFORE, Plaintiffprays for judgment against Defendants, and
each of them,jointly and severally as follows:
1. For damages insuch amount as may be found, or as otherwise
permitted by law;
2. Foranaccounting of Defendants' profits attributable to their
infringements of
Plaintiffs' copyright in the Infringed Composition;
3. For a preliminary and permanent injunction prohibiting
Defendants, and theirrespective agents, servants, employees,
officers, successors, licensees and assigns,
and all persons acting in concert or participation with each or
any of them, from
continuing to infringe Plaintiffs' copyright inthe Infringed
Composition;
4. For Plaintiffs' attorneys' fees, costs, and disbursements in
tins action; and
COMPLAINT FOR COPYRIGHT INFRINGEMENT with DEMAND FOR JURY
TRIAL
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^ For such other remedies under the copyright laws of the United
States and'or as the
Court deems reasonable and just.
Respectfully submitted.A
aw WAhrLouis WillacyLOUIS WILLACY. ESQ.360 Grand Avenue, Suite
250Oakland. CA 94610(415)670-9400Fax:(415)952-9310louisin.'wi
llacv.com
Attorney for Plaintiff, Sidney Earl Swanson
COMPLAINT FOR COPYRIGHT IN'FRINGF.MEXT with DEMAND FOR JURY
TRIAL
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DEMAND FOR JURY TRIAL
Plaintiff. Sidney Earl Swanson. hereby demands a trial by jury
in the above matter.Dated: September 16. 2014
LOUIS WILLACY. ESQ./
By IAaw'ALOUIS WILLACY
Attorney for Plaintiff Sidney Earl Swanson
/' / i i /I21/1i/i
COMPLAINT FOR COPYRIGHT INFRINGEMENT witii DEMAND FOR JURY
TRIAL
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EXHIBIT A
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9/10/2014. . ^M cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi ^^Type
of Work: Music
Registration Number / Date:PAU002712187 / 2002-09-11
Title: Songs by Sidney : vol. 1.
Description: Compact disc.
Notes: Music only.
Copyright Claimant:Sidney E. Swanson
Date of Creation: 1995
Rights and Permissions:Rights & permissions info, on
original appl. in CO.
Variant title: Songs by Sidney : vol. 1
Names: Swanson, Sidney E.
http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi -;/1
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UNITED SlQs DISTRICT COURT, CENTRAL DISTRICT OF AfORNIACIVIL
COVER SHEET
I. (a) PLAINTIFFS ( Check box if you are representing yourself
["JSIDNEY EARLSWANSON, an individual
(b) County of Residence of First Listed Plaintiff(EXCEPT INU.S.
PLAINTIFF CASES)
(c) Attorneys {Firm Name, Address and Telephone Number) If you
arerepresenting yourself, provide the same information.Louis
Willacy (SBN 186356)LOUIS WILLACY, ESQ.360 Grand Avenue, Suite 250,
Oakland, CA 94610Telephone: 415.670.9400 Facsimile:
415.952.9310
DEFENDANTS (Check box if you are representing yourself [~J )SONY
MUSIC HOLDINGS INC., a Delaware corporation; MJJ PRODUCTIONS, INC.,
aCalifornia corporation; TIMOTHY ZACHERY MOSLEY, an individual;
CORY ROONEY, anindividual:and DOES 1 through 10, inclusive.
County of Residence of First Listed Defendant(IN U.S.PLAINTIFF
CASES ONLY)
Attorneys [Firm Name, Address and Telephone Number) If you
arerepresenting yourself, provide the same information.
II. BASIS OFJURISDICTION (Place an Xinone box only.)
I 11. U.S. GovernmentPlaintiff
I 3. Federal Question (U.S.Government Not a Party)
III. CITIZENSHIP OF PRINCIPAL PARTIES-For Diversity Cases
Only(Place an Xin one box for plaintiff and one for defendant)
PTF DEF PTF DEFCitizen of This State 1 1 '"corporated or
Principal Place [-] 4 Fl 4of Business in this State
Citizen ofAnother State r~]
3 [] 3 Foreign Nation
[J 2 Incorporated and Principal Place D 5 D 5of Business in
Another State
6 6| | 2. U.S. Government
Defendant| 14. Diversity (Indicate Citizenship
of Parties in Item III)
IV. ORIGIN (Place an Xin one box only.)
Citizen or Subject of aForeign Country
1. OriginalProceeding
2. Removed fromState Court
3. Remanded fromAppellate Court
4. Reinstated orReopened
5. Transferred from AnotherDistrict (Specify!
6. Multi-| | District Litigation
V. REQUESTED IN COMPLAINT: JURY DEMAND: |x] Yes No (Check "Yes"
only if demanded incomplaint.)CLASS ACTION under F.R.Cv.P. 23: [J
Yes [x] No QMONEY DEMANDED IN COMPLAINT: $ proven attrialVI. CAUSE
OF ACTION (Cite the U.S. Civil Statute under which you are filing
and write abrief statement of cause. Do not cite jurisdictional
statutes unless diversity.)Copyright infringement under17U.S.C.
106and 501 basedon Defendants' unauthorized useofPlaintiffs
composition.
VII. NATURE OF SUIT (Place an Xin one box only).OTHER
STATUTES
375 False Claims Act 400 State
Reapportionment 410 Antitrust[~J 430 Banks and Banking 450
Commerce/ICC
Rates/Etc.
I | 460 Deportation 470 Racketeer influ
enced &Corrupt Org.
| | 480 Consumer Credit 490 Cable/Sat TV
850 Securities/Com- modities/Exchanger-, 890 Other StatutoryII
Actions 891 Agricultural Acts 893 Environmental
Matters
895 Freedom of Info.Act
896 Arbitration
899 Admin. Procedures| | Act/Review of AppealofAgency
Decision
950 Constitutionality ofState Statutes
FOR OFFICE USE ONLY:
CONTRACT
| | 110 Insurance 120 Marine 130Miller Act 140 Negotiable
Instrument
150 Recovery of|I Overpayment &Enforcement ofJudgment
[7J 151 Medicare Act152 Recovery of
[~J Defaulted StudentLoan (Excl. Vet.)
153 Recovery ofI | Overpaymentof
Vet. Benefits
160 Stockholders'Suits
rj 190 OtherContract
195 ContractProduct Liability
[~J 196FranchiseREAL PROPERTY
[J 210LandCondemnation
| | 220 Foreclosure230 Rent Lease &
REAL PROPERTY CONT.
240Torts to Land|~J 245TortProduct
Liability[~J 290All OtherReal
PropertyTORTS
PERSONAL INJURY
310 Airplane 315 Airplane
Product LiabilityrI 320 Assault, Libel&ll Slander 330 Fed.
Employers'
Liability 340Marine
345 Marine ProductLiability
350Motor Vehicle355 Motor VehicleProduct Liability
360 Other Persona IInjury
362 Personal Injury-Med Malpratice
365 Personal Injury-Product Liability367 Health Care/
II Pharmaceutical Personal Injury
Product Liabilityrn 368AsbestosI I Personal Injury
itv
Ejectment
Case Number^pcrnr
IMMIGRATION
462 NaturalizationApplication
465 OtherImmigration Actions
TORTSPERSONAL PROPERTY
370OtherFraudI I 371 Truth inLending
380 Other Personal Property DamageII 385 Property Damage"I
Product Liability
BANKRUPTCY
ii 422 Appeal 28USC158
423 Withdrawal 28USC157
CIVIL RIGHTS
440OtherCivil Rights 441 VotingI | 442 EmploymentII
443Housing/'' Accommodations
445 American with Disabilities-
Employment 446 American with
Disabilities-Other
ri 448 Education
ofTf 5CV-71 (06/14) CIVIL COVER SHEET
PRISONER PETITIONS
Habeas Corpus:I I 463 Alien Detainee 510 Motions to Vacate
Sentence 530General 535Death Penalty
Other:
540Mandamus/Other 550Civil Rights1I 555 Prison Condition
560 Civil DetaineeLJ Conditions of
ConfinementFORFEITURE/PENALTY
!_. 625 Drug RelatedI I Seizure ofProperty 21
USC 881 690 Other
LABOR
710 Fair Labor StandardsAct
I| 720 Labor/Mgmt.L-' Relations
740Railway Labor Act 751 Family and Medical
Leave Act
rI 790 Other LaborII LitigationII 791 Employee Ret. In
Security Act
PROPERTY RIGHTS
[x] 820Copyrights 830 Patent 840Trademark
SOCIAL SECURITY 861 HIA(1395ff) 862Black Lung (923) 863DIWC/DIWW
(405 (g)) 864SSID Title XVI 865RSI (405 (g))
FEDERALTAX SUITS
r-, 870 Taxes (U.S. Plaintiff orII Defendant)r-i 871 IRS-Third
Party 26 USC
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UNITED STS DISTRICT COURT, CENTRAL DISTRICT OF ^FORNIACIVIL
COVER SHEET
VIII. VENUE: Your answers to the questions below will determine
the division of the Court to which this case will be initially
assigned. This initial assignment is subjectto change,
inaccordancewiththe Court's General Orders,upon reviewbythe
Courtofyour Complaintor Noticeof Removal.
QUESTION A: Was this case removedfrom state court?
Yes [x] No
If"no," skip to Question B. If"yes,"check thebox to the right
that applies, enter thecorresponding division in response
toQuestion E, below, and continue from there.
STATE CASE WAS PENDING IN THE COUNTY OF: INITIAL DIVISION IN
CACD IS:
|~J Los Angeles, Ventura, SantaBarbara, or San Luis Obispo
Western
QUESTION B: Is the United States, orone of its agencies or
employees, aPLAINTIFF in this action?
Yes [x] No
If"no," skip to Question C. If"yes," answerQuestion B.l, at
right
QUESTION C: Is the United States, orone of its agencies or
employees, aDEFENDANT in this action?
Yes [x] No
If"no," skip to Question D. If"yes," answerQuestion C.l, at
right.
[~J Orange| | Riversideor San Bernardino
B.1. Do 50% or more of the defendants who reside inthe district
reside in Orange Co.?
checkone of the boxes to the right ""'T'
B.2. Do 50% or more of the defendants who reside inthe district
reside in Riverside and/or San BernardinoCounties? (Consider the
two counties together.)
check one of the boxes to the right .
C.I. Do 50% or more of the plaintiffs who reside in thedistrict
reside in Orange Co.?
check one ofthe boxes to the right m^'
C.2. Do 50% or more of the plaintiffs who reside in thedistrict
reside in Riverside and/or San BernardinoCounties? (Consider the
two counties together.)
check one ofthe boxes to the right m^r
Southern
Eastern
YES. Yourcase will initially be assigned to the Southern
Division.[~J Enter "Southern" inresponse to Question E, below,
andcontinue
from there.
[~J NO. Continue to Question B.2.
YES. Yourcase willinitiallybe assigned to the Eastern Division.
Enter "Eastern" in responseto Question E, below, and continue
from there.
NO. Your case will initially be assigned to the Western
Division. Enter "Western" in response to Question E, below,
andcontinue
from there.
YES. Yourcase will initiallybe assigned to the Southern
Division. Enter "Southern" in responseto QuestionE, below, and
continue
from there.
NO. Continue to Question C.2.
YES. Yourcase willinitiallybe assigned to the Eastern Division.I
I Enter"Eastern" in response to Question E, below,and continue
from there.
NO. Yourcase willinitiallybe assigned to the Western
Division.[~J Enter "Western" in responseto Question E, below, and
continue
from there.
QUESTION D: Location of plaintiffs and defendants?A.
Orange County
B.
Riverside or SanBernardino County
Los Angeles, Ventura,Santa Barbara, or SanLuis Obispo County
Indicate the location(s) in which 50% or more of plaintiffs who
residein this districtreside. (Checkup to two boxes, or leave blank
ifnone of these choices apply.)Indicate the location(s) in which
50% or more of defendants who reside in thisdistrict reside. (Check
up to two boxes,or leave blank ifnone of these choicesapply.)
D.I. is there at least one answer in Column A?
Yes px] NoIf"yes,"your case will initially be assigned to
the
SOUTHERN DIVISION.
Enter "Southern" in response to Question E, below, and continue
from there.If"no," go to question D2 to the right "^
QUESTION E: Initial Division?
Enter the initial division determined by Question A, B,C, or D
above:
QUESTION F: Northern Counties?
D.2. Is there at least one answer in Column B?
[X] Yes NoIf"yes," your case willinitiallybe assigned to the
EASTERN DIVISION.
Enter "Eastern" in response to Question E, below.If"no,"your
case willbe assigned to the WESTERN DIVISION.
Enter "Western" In response to Question E, below.
INITIAL DIVISION IN CACD
EASTERN
I
Do 50% ormore ofplaintiffs ordefendants in this district reside
in Ventura, Santa Barbara, orSan Luis Obispo counties? [H Yes
No
CV-71 (06/14) CIVIL COVER SHEET Page 2 of 3
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UNITED 5H DISTRICT COURT, CENTRAL DISTRICT OFMFORNIACIVIL COVER
SHEET
IX(a). IDENTICAL CASES: Has this action been previously filed in
this court?
Ifyes, list case number(s):
[x] NO YES
IX(b). RELATED CASES: Is thiscase related (as defined below) to
anycases previously filed in this court?Ifyes, list case
number(s):
NO YES
Civil cases are related when they:
Q A. Arise from the sameor closely related transactions,
happening, or event;[] B. Call for determination ofthe
sameorsubstantially related or similar questions of law andfact;
orQ C. For otherreasons would entail substantial duplication of
labor ifheard by different judges.Check all boxesthat apply.
Thatcases may involve the same patent, trademark,or copyright
isnot, in itself, sufficient to deem casesrelated.
X. SIGNATURE OF ATTORNEY(OR
IGNATURE OF ATTORNEY | r I SELF-REPRESENTED LITIGANT): L-VL) t
Q> V\J \L- L^H< W^ DATE: September 16,2014
Notice to Counsel/Parties: The submission of this Civil Cover
Sheet is required by Local Rule 3-1. This Form CV-71 and the
information contained hereinneither replaces norsupplements the
filing andservice of pleadings orother papersas required bylaw,
exceptas provided bylocal rules ofcourt. Formore detailed
instructions, see separate instruction sheet (CV-071 A).
Keyto Statistical codes relating to Social Security Cases:
Nature of Suit Code Abbreviation Substantive Statement of Cause
of ActionAll claims forhealthinsurance benefits(Medicare)
underTitle 18,PartA, of the Social Security Act, as amended.
Also,include claimsby hospitals, skilled nursing facilities, etc.,
for certificationas providers of servicesunder the
program.(42U.S.C1935FF(b))
All claimsfor "Black Lung"benefits under Title4, Part B, of the
FederalCoalMineHealth and SafetyActof 1969.(30U.S C.923)
All claims filed byinsured workers fordisability insurance
benefitsunderTitle 2 of the Social Security Act, as amended;
plusall claimsfiledforchild's insurance benefits based on
disability. (42 U.S.C. 405 (g))
All claimsfiledforwidows or widowers insurance benefits based on
disabilityunder Title2 of the SocialSecurityAct, asamended. (42
U.S.C. 405 (g))
All claims forsupplemental securityincome payments based upon
disability filed underTitle 16ofthe Social Security Act,
asamended.
861
862
863
863
864
865
CV-71 (06/14)
HIA
BL
DIWC
DIWW
SSID
RSI All claimsfor retirement (old age) and survivorsbenefits
under Title2 of the SocialSecurityAct, as amended.(42 U.S.C. 405
(g))
CIVIL COVER SHEET Page 3 of 3