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REV. 4/2014
.
PLAINTIFFS
EMI FEIST CATALOG, INC., et al.
DEFENDANTS
SLEP-TO~ ENQTAIN~T CORPORATION, et al.
. '-'v 200~ 9
lnvol.
Dismissed. No
No
Yes
Yes
NATURE OF SUIT
"'
CONTRACT
PERSONAL INJURY
[ ]110
[ ]120
[ ]130
[ J 140
[ ]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 INJURYMED MALPRACTICE
[ ]150
[ ]151
! I 152
[ J153
[ ]160
[ ]190
[ ]195
[ ]196
INSURANCE
MARINE
MILLER ACT
NEGOTIABLE
INSTRUMENT
RECOVERY OF
OVERPAYMENT &
ENFORCEMENT
OF JUDGMENT
MEDICARE ACT
RECOVERY OF
DEFAULTED
STUDENT LOANS
(EXCL VETERANS)
RECOVERY OF
OVERPAYMENT
OF VETERAN'S
BENEFITS
STOCKHOLDERS
SUITS
OTHER
CONTRACT
CONTRACT
PRODUCT
LIABILITY
FRANCHISE
REAL PROPERTY
[ 1210
[ ]220
[ ]230
[ ]240
[ ]245
[ ]290
LAND
CONDEMNATION
FORECLOSURE
RENT LEASE &
EJECTMENT
TORTS TO LAND
TORT PRODUCT
LIABILITY
ALL OTHER
REAL PROPERTY
PERSONALINJURY
[ I 367 HEALTHCAREI
FORFEITURE/PENALTY
[ ]422 APPEAL
28 usc 158
( ]423 WITHDRAWAL
28 usc 157
PERSONAL PROPERTY
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
PROPERTY RIGHTS
SOCIAL SECURITY
PROPERTY DAMAGE
I 365 PROPERTY DAMAGE
PRODUCT LIABILITY
LABOR
[ I 720 LABORIMGMT
BANKRUPTCY
PRISONER PETITIONS
[ ]463 ALIEN DETAINEE
[ ]510 MOTIONS TO
VACATE SENTENCE
28 usc 2255
[ I 530 HABEAS CORPUS
[ J535DEATHPENALTY
[ j540 MANDAMUS & OTHER
RELATIONS
[ 1740 RAILWAY LABOR ACT
[ ] 751 FAMILY MEDICAL
LEAVE ACT (FMLA)
[ ] 790 OTHER LABOR
LITIGATION
[ ]791 EMPL RET INC
SECURITY ACT
IMMIGRATION
OTHER STATUTES
375 FALSE CLAIMS
400 STATE
REAPPORTIONMENT
[ ]410ANTITRUST
I 1430 BANKS & BANKING
I 1450 COMMERCE
[ J 460 DEPORTATION
[ J 470 RACKETEER INFLUENCED & CORRUPT
ORGANIZATION ACT
(RICO)
[ 1460 CONSUMER CREDIT
[ 1490 CABLE/SATELLITE TV
11
[ I 850 SECURITIES/
COMMODITIES/
EXCHANGE
I
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
DEMAND $25,000,000
ACTION
OTHER Injunction
NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-3
D2
lRJ 1 Original
Removed from
State Court
Proceeding
ORIGIN
a.
D3
an partie represented
Remanded
from
Appellate
Court
D 4 Reinstated or
Reopened
Transferred from
{Specify District)
Multidistrict
litigation
7 Appeal to District
Judge from
Magistrate Judge
Judgment
b.
At least one
party is pro se.
BASIS OF JURISDICTION
(PLACE AN x INONEBOXONLY)
0 1
U.S. PLAINTIFF
U.S. DEFENDANT
[RJ 3
FEDERAL QUESTION
(U.S. NOT A PARTY)
04
IF DIVERSITY, INDICATE
CITIZENSHIP BELOW.
DIVERSITY
DEF
[ ]1
[ ]1
CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY
[]3[]3
[ ]2
[ )2
[ ]4 [ ]4
FOREIGN NATION
PTF DEF
PTF
[ ]5
DEF
[ ]5
[ ]6
[ ]6
Check one:
DATE
WHITE PLAINS
[BJ MANHATTAN
(DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTS
COMPLAINT.)
~ ~
ljr
SIGNATURE OF ATIORNEY OF RECORD.......-(_
ADMITIED TO PRACTICE IN THIS DISTRICT
] NO
[X) YES (DATE ADMITIED Mo.03
Yr. 2007
Attorney Bar Code# EF 7549
}I
3 11
RECEIPT#
Case No.
15 cv 2099
Judge
JURY DEMAND
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.
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:
--.o
<"")
""]
SCREEN
GEMS-EMI
MUSIC
INC.,
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,
"SOUNDCHOICESTORE.COM,"
d/b/a
North
Carolina
"SOUNDCHOICE",
d/b/a
corporation,
"SOUND
d/b/a
SOURCE
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).
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
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 SLEPTONE'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.
website
(See
Exhibit
now
"1"
attached
automatically
hereto.)
redirects
Currently,
customers
to
the
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.
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.
existing under the laws of the State of New York, with its principal place of business in New
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.
existing under the laws of the State of New York, with its principal place of business in New
York, New York.
10.
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.
existing under the laws of the State of New York, with its principal place of business in New
York, New York.
13.
existing under the laws of the State of New York, with its principal place of business in New
York, New York.
14.
existing under the laws of the State of New York, with its principal place of business in New
York, New York.
15.
and existing under the laws of the State of New York, with its principal place of business in New
York, New York.
16.
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.
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
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.
Carolina Limited Liability Company, ("PHOENIX") has been recently formed by the Co-
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.
Defendants."
SLEP-TONE and the SLEPS shall be referred to collectively herein as the "SLEP
PHOENIX and KURT SLEP shall be referred to collectively herein as the
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
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.
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.
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
specific prices to stimulate or induce the purchase/licensing of the karaoke discs or individual
karaoke recordings.
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.
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 SLEPTONE 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.
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.
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 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
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.
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.
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.
33.
musical compositions, identified on the schedules attached hereto as Exhibits "1" - "5."
10
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.)
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.
11
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
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
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.
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
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
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
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.
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.
constructive notice that it was in violation of Plaintiffs' rights and done nevertheless in reckless
disregard of Plaintiffs' copyright interests.
46.
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.
47.
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
18
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])
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
20
Exhibit 1
to
v.
SLEP-TONE ENTERTAINMENT CORPORATION, et al.
(EMI Copyrights on Unlicensed "GEM Series" karaoke discs)
Title
1.
2.
3.
4.
5.
Writer(s)
SCREEN GEMS
EP234330
EMIJEMAXAL
EP0000294817 ;REO
000664954;PAOOOO
217644
PA 205096,
02/27/1984
EMILONGITUDE
Collins, Phil
Wolinski, David J
Always On My
Mind
James, Mark/Thompson,
Wayne/Christopher, John L.
Jr.
7.
Angel Baby
Hamlin, Rosalie
8.
Angel Flying
Too Close To
The Ground
Another Rainy
Night (Without
You)
A-Tisket ATasket
Nelson, Willie
10.
Publisher
Hart,BobbyfBoyce,Tornrny EU943841
6.
9.
Registration
PA 180772,
7/22/1983
EP 293227:
1111611973
RE 795-500:
12/31/1998
EU 647905/RE 377764/EP 283060/RE
678746/PA 27605/RE 927513/EP368123
PA49322,
1118/1979
EM! GOLDEN
TORCH
EMIFULLKEEL
SCREENGEMS
EMILONGITUDE
EMILONGITUDE
Degarmo, Christopher/Tate,
Geoff/Jackson, Eddie
PA498409
SCREENGEMS
Fitzgerald, Ella/Alexander,
Van
EU 170752, dated
6/2911938;
R 364231, dated
6/29/1965
EP 70253, daetd
EM! ROBBINS
11.
12.
. 13.
I
14.
15.
16.
17.
I
18.
19.
20.
7/1111938;
R 364909, dated
7/12/1965
Barbara Ann
EU 566105;
Fassert, Fred
3/11/1959
RE 334615;
3/25/1987
Bloody Mary
EUOOOO 187040/REO
Nelson, Willie
Morning
000783262
Blue Moon
EP 45186, 12/511934
Rodgers, Richard/Hart,
Lorenz
R 286391, 12/5/1961
Book Of Love Davis, Warren/Malone,
EU 502696/RE 239768/RE-656-508/RE
George/Patrick, Charles
911-404/EU
941282/RE 877-363
EU 724--459;
Breaking Up Is Sedaka, NeiVGreenfield,
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
Buffalo Soldier Williams, Noel/Marley, Bob PA 198296,
1112111983
PA 725627,
8/111994 (CA)
PAu 492275,
3/28/1983
PAu 543476,
811911983 (CA)
By The Time I Webb, Jimmy L
EP 249530
Get To
Phoenix
EP 164957
Calendar Girl
Sedaka, NeiVGreenfield,
Howard
California Sun Levy, Morris/Glover, Henry EU 659360,
2/24/1961
RE 428369,
2/14/1989
Chattanooga
EP 95797, 6/27/1941
Warren, Harry/Gordon,
R 460142, 41111969
ChooChoo
Mack
EMILONGITUDE
EMILONGITUDE
EMIROBBINS
EMILONGITUDE
SCREENGEMS
EMILONGITUDE
EMISOSAHA
SCREENGEMS
EMILONGITUDE
EMIFEIST
21.
22.
Could It Be
Magic
24.
Crimson And
Clover
25.
Cry Like A
Baby
Crystal Blue
Persuasion
Daydream
Believer
Penn, Dan/Oldham,
Spooner
James, Tommy/Gray, Eddie
MorleyN ale, Mike
Stewart, John
28.
Dead Man's
Curve
29.
Deeper Than
The Holler
Delilah
27.
~
31.
32.
33.
I
I
23.
26.
Clean Up
Woman
Clumsy
34.
EP 297443
EMILONGITUDE
PA0001165468
EMIROBBINS
EU 448580,
12/311973
RE 840664,
6/18/2001
EP 251543,
10/2911968
RE 726666,
1122/1996
RE 724-293
EMILONGITUDE
EMILONGITUDE
SCREENGEMS
PA 418-887
SCREENGEMS
EU 38093
GLENWOOD
SCREENGEMS
SCREENGEMS
SCREENGEMS
Different
Drum
Nesmith, Michael
Do Right
Woman Do
Right Man
Don't Say
Nothin' Bad
(About My
Baby)
Draggin' The
Line
EU 892696, dated
7/1611965;
RE 649883, dated
12/2811993
EU 78965, dated
1119/1967;
RE 701657, dated
417/1995
RE 701-305
EU 753329
James, Tommy/King,
RobertL
EU0000223559/REO FILONGITUDE
000783409
35.
Drivin' My
Life Away
Eighteen
Wheels And A
Dozen Roses
Empire
. 36.
37.
40.
Five O'clock
World
Fool For Your
Loving
Georgia
41.
Ghostbusters
42.
Groovin'
38.
39.
43.
Stevens, Even/Rabbitt,
Eddie/Malloy, David
Nelson, Paul/Nelson, Gene
SCREENGEMS
Moody, Mick/Marsden,
Bemie/Coverda1e, David
Johnson, Carolyn
DawnNerges, Troy
Parker, Ray Erskine Jr
145.
Hearts On Fire
Rabbitt, Eddie/Stevens,
Evenffyler, Dan
Rundgren, Todd Harry
Here Comes
The Hotstepper
(Dirty Version)
Here You
Come Again
48.
Reynolds, Allen
47.
SCREENGEMS
Have Yourself
A Merry Little
Christmas
Hello It's Me
PAu001012239
46.
SCREENGEMS
SCREENGEMS
44.
PA 222-514
Remi, Salaarn!Kamoze,
Ini/Kenner,
Christopher/Nix, Kenton
Mann, Barry/Weil, Cynthia
EU0000915595;REO
000623758
PA0000451 052
PA 1232005;
11/1/2001
PA 218114,
7/13/1989
PA 218120,
7/13/1989 (lnst.
Version)
EP 230379
EU 691-815;
10/1711961
RE 426-997;
2/1011989
EU 354875;
11/2211943
R 495419;
11123/1970
R495420;
11123/1970
EP 126302;
10/20/1944
R 515274;
10/20/1971
PA0000002597
EU 664457/29/1968
RE 724-6051/1611996
PA44-528711011979
PA0000892751
EU 8099308/1511977
EMILONGITUDE
EMILONGITUDE
EMIGOLDEN
TORCH
EMIJEMAXAL
SCREENGEMS
EMIFEIST
SCREENGEMS
SCREENGEMS
EMILONGITUDE
SCREENGEMS
49.
Highway Star
50.
Hold Me,
Thrill Me, Kiss
Me
51.
Honk:y Tonk
Attitude
Hooked On A
Feeling
HowCaniBe
Sure
Hungry
I Believe In
You
I Can't Stay
Mad At You
I Like It, I
Love It
I Love A
Rainy Night
I Think I Love
You
52.
53.
54.
55.
56.
57.
~:
60.
I Think We're
Alone Now
~IWantYouTo
63.
Want Me
If I Give My
Heart To You
If I Only Had
ABrain A
Heart And The
Nerve
James, Mark
RE 911-7851/3/2005
EP 3800341113/1977
RE 911-455
1/3/2005
EF0155456
EP 67442,
10/21/1952
RE 66685,
9/29/1980
PA0000613369
GLENWOOD
EMIMILLS
EMILONGITUDE
EP 249766, dated
9/13/1968;
RE 724694, dated
1/16/1996
EP 255 773
EMIJEMAXAL
EU943843
SCREENGEMS
PA 807 135
SCREENGEMS
EU 780854
SCREENGEMS
PA 643-837
EMIFULLKEEL
PA 72-475
SCREENGEMS
EP 279-755;
1112/1970
RE 782-531;
1/2/1998
EP 226335,
1124/1967
RE 702512,
6/5/1995
EU-809938
SCREENGEMS
EMILONGITUDE
EU 316262
EMIMILLER
EU 171652, dated
7/18/1938;
R 364975, dated
7/19/1965
EMIFEIST
Rosenblatt, Richard
Nielsen, Rick
Crane, Jimmie/Brewster,
Jimmy/Jacobs, AI
Harburg, E.Y. "Yip"/Arlen,
Harold
SCREENGEMS
SCREENGEMS
64.
Me Hugh, Jimmy/Fields,
Dorothy
Goffin, Gerry/King, Carole
EU 818747
SCREENGEMS
Garrity, Freddie/Murray,
Mitch
EFOR 95337/EP
177893/EP
87883/EP 205618
EU 725 440
GLENWOOD
I'm Your
Boogie Man
In The Rain
70.
Indian Lake
Romeo, Tony
71.
Infatuation
Stewart, Rod/Hitchings,
Duane S/Robinson, Roland
Jabara, Paul/Shaffer, Paul
166.
i
67.
168.
169.
EMIGOLDEN
TORCH
EP 49225, 711111935 EMIROBBINS
R 298686, 711111962
I'm Gonna Be
Somebody
I'm In The
Mood For
Love
I'm Into
Something
Good
I'm Telling
YouNow
65.
EP 74977, dated
2/811939
R 379227, dated
2/8/1966
EP 79154, dated
717/1939
R 390359, dated
8/3/1966
PA471530
Degarmo, Christopher/Tate,
Geoff
Napolitano, Johnette Lin
Casey, Harry Wayne/Finch,
Richard Raymond
Goffin, Gerry/King, Carole
I
EMlLONGITUDE
EMILONGITUDE
PA 900 736
EMIFULLKEEL
PA 155624,
11/16/1982
PA498407
EMISOSAHA
PA495 150
EMILONGITUDE
EU 725 446
EMILONGITUDE
EU732-343
SCREENGEMS
Brown, L. Russell/Levine,
EU 219335
Irwin
Hart, Bobby/Boyce, Tommy EU 959-855;
9/8/1966
RE 656-443;
3/15/1994
EP 224-641;
11/8/1966
SCREENGEMS
SCREEN GEMS
EMISOSAHA
SCREENGEMS
79.
EP 78057
EMIFEIST
Silverman,
Charles/Gou1dman, Graham
Berry, Richard
EFO 108320
GLENWOOD
EU 471125,
3/2211957
RE 229368,
12/31/1984
EP 289799
EMILONGITUDE
EFO 174038
SCREEN GEMS
83.
Leroy The
Redneck
Reindeer
LetMeBeThe
One
Little Things
Mean A Lot
Look Through
Any Window
Louie Louie
84.
Maggie May
85.
Magic
Stewart, Rod/Quittenton,
Martin
Paton, David/Lyall, Billy
86.
Mandy
87.
Mary Mary
88.
Me And Paul
89.
Men
90.
91.
Minnie The
Moocher
MonyMony
92.
Moody Blue
93.
My Heart
Gordon, Alan Lee
Belongs To Me
Next Door To
Sedaka, NeiUGreenfield,
80.
81.
82.
Martinec, Lewis A
RE 656-440;
311511994
PA0000643855
PA0000643929
PA0000767757
PA0000330210
94.
EMILONGITUDE
SCREENGEMS
EMIFULLKEEL
SCREENGEMS
SCREEN GEMS
EMILONGITUDE
SCREEN GEMS
EMIMILLS
EMILONGITUDE
SCREENGEMS
EU 358584
EMISOSAHA
EU736356
SCREENGEMS
An Angel
Howard
95.
No More
Drama
96.
No One Else
On Earth
97.
Oh Carol
98.
On Broadway
99.
Sedaka, Neil/Greenfield,
Howard
Mann, Barry/Weil,
Cynthia!Leiber,
Jerry/Stoller, Mike
Nelson, Willie
On The Road
Again
100. One Fine Day
102. Patches
PA 1092111,
11113/2001
SCREENGEMS
PA 142663,
07/02/1992
PAu 1401733,
07/13/1990
EP 138374
EM! GOLDEN
TORCH
EU 734579: 8/31/62
RE485-344:
7/20/1990
PAu 197371,
2/5/1980
EU 766114,
04112/1963;
RE 528808,
03/14/1991
EP 177215,
06/19/1963;
RE 567555,
12/3111991
RE 544157,
04/0811991
EU 171647;
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
EU714611
SCREENGEMS
EU 61084/RE
732283
EU 692812,
10/26/1961
RE 428002,
2/1411989
SCREENGEMS
EMILONGITUDE
SCREEN GEMS
EMIFEIST
SCREENGEMS
EMIJEMAXAL
EMILONGITUDE
105. Pleasant
Valley Sunday
106. Pour Me
Another
Tequila
107. Prop Me Up
Beside The
Jukebox (If I
Die)
108. Pump It
Stevens, Even/Rabbitt,
Eddie/Malloy, David
109.
110.
111.
112.
113.
114.
EU 4-825;
7111/1967
RE 789-422;
1119/1998
EP 236-549;
9/411967
RE 715-826;
3/11/1996
P A0000028870
Blaylock, Rick/Perdew,
PA 613 096
Howard/Phillips, Kerry Kurt
Roubanis,
PA0001162173
Nicholas/Ferguson,
Stacy/Adams, Will
Pineda, Allan/Van Musser,
Thomas
Real Love
Malloy, David/Me Cormick, PAu000704374
Randy/Brannan, Richard
Rock This
Setzer, Brian
PA 167973,
Town
1111511982
Santa Claus Is Coots, J. Fred/Gillespie,
EU93634,
Comin'To
Haven
09/2711934;
Town
R282480,
09/2711961
EP44456,
10/25/1934;
R283907,
10/25/1961
Save The Best Lind, Jonathan G/Waidman, Pau 1278896
For Last
Wendy/Galdston, Philip
Edward
She's Got It All Womack, Drew/Wiseman,
PA 886-673
Craig
Shout
Isley, Ronaldllsley,
EP 132762,
Rudolphllsley, O'kelly
811811959
RE 321408,
1112/1987
RE 340032,
5/26/1987
EP 132761,
811811959
RE 321406,
SCREENGEMS
SCREENGEMS
EMIT...ONGITUDE
EMIGROVE
PARK MUSIC
SCREENGEMS
EMILONGITUDE
EMIFEIST
EMILONGITUDE
EMIFULLKEEL
EMILONGITUDE
Degarmo, Christopher
120. i Southern
Nights
121. Space Truckin'
123. Surrender
Nielsen, Rick
Morris, Doug/Greenberg,
Eliot/Baer, Barbara J
Schwartz, Robert Michael
Casey, Harry Wayne/Finch,
Richard Raymond
I
!
Smith, Shaye/Johnson,
Carolyn Dawn
Schuyler, Thorn
Creed, Linda/Masser,
Michael
Herman, Lew
1/12/1987
RE 340033,
5/26/1987
PA 498 412
SCREENGEMS
SCREENGEMS
EF0155448
GLENWOOD
SCREENGEMS
GLENWOOD
PA 168000,
11/15/1982
PA 20-414:
6/16/1978
EU 930398
EMILONGITUDE
EU6060200,
8118/1975
RE 877393,
1/2/2003
EU 774309;
4/511977
RE 911177;
1/3/2005
EU 721814:
5/23/1962
RE 491-586:
7/27/1990
EP 166455:
7/27/1962
RE 491-487:
7/27/1990
PA 30-124:
4/23/1979
EMILONGITUDE
SCREENGEMS
SCREENGEMS
EMIGOLDEN
TORCH
SCREENGEMS
SCREENGEMS
Webster, Paul
Francis/Mandel, Johnny
EP 204252
EMIMILLER
James, Elmore
EU 643766
EMILONGITUDE
SCREENGEMS
Goffin, Gerry/Masser,
Michael
PA 184-186
SCREENGEMS
EU 671257
PA-77-988
EMIGROVE
PARK MUSIC
GLENWOOD
EP 279751
SCREEN GEMS
i
138. Walking In
The Rain
Mann, Barry/Weil,
Cynthia/Spector, Phil
139. Wannabe
Halliwell, Geri!Bunton,
Emma Lee/Brown, Melanie
J anine Chisholm, Melanie
Jayne/Beckham, Victoria
Caroline
Lowen, David Eric/Navarro,
Daniel Anthony
I 140. We Belong
141. We GottaGet
Out Of This
Place
142. When She
Cries
. 143. When You Say
Nothin' At All
1144. Where The
Boys Are
i
SCREENGEMS
Beeson, Marc/Lemaire,
Sonny
Overstreet, Paul/Schlitz,
Don
Sedaka, Neil/Greenfield,
Howard
EU 848303/EP
312348/RE 876972/RE 903-939/RE
321-405/EU827265
PA 883313,
04116/1997
PA 239-328:
1/29/1985
PA 250-511:
1111/1984
EU 895-700;
8/511965
RE 622-907;
3/2211993
PA-689-983
PA 374584,
08/1511988
EU 629-289;
6/2311960
RE 384-714;
SCREENGEMS
SCREENGEMS
EMIFULLKEEL
SCREEN GEMS
SCREENGEMS
EMILONGITUDE
SCREENGEMS
SCREENGEMS
Toussaint, Allen
112711988
EU 634-765;
8/5/1960
RE 372-110;
111111988
EU 684-102;
8/1811961
RE 426-886;
2/1011989
EP 165-165;
8/30/1961
RE 428-941;
2/10/1989
EU 653713,
01/06/1961;
RE429038,
02/1011989
EP 152940,
05/1511961;
RE 456965,
12/26/1989
EU 948400
Berg, Matraca
Maria/Randall, Alice
PA 753929, dated
4/411995
Goffin, Gerry/King,
Carole/Wexler, Gerald
EU 167879/27/1967
RE 690-5352/111995
EP 2913088/9/1971
RE 794-74512/3111998
EU 854820;
11/2311964
RE 570564;
116/1992
EP 198070;
1/2711965
RE 610504;
114/1993
147. Working In
The Coal Mine
1148. Xxx'sAnd
Ooo's (An
American Girl)
149. You Don't
Have To Be A
Star (To Be In
My
150. You Make Me
Feel Like A
Natural
Woman
Mann, Barry/Weil,
Cynthia/Spector, Phil
SCREENGEMS
SCREENGEMS
SCREENGEMS
EMILONGITUDE
SCREENGEMS
SCREENGEMS
Exhibit 2
to
II.
2.
3.
Title
Fool For Your
Loving
Ghostbusters
Writer(s)
Moody, Mick/Marsden,
Bemie/Coverdale, David
Parker, Ray Erskine Jr
Have Yourself A
Merry Little
Christmas
Blane, Ralph/Martin,
Hugh
Hooked On A
Feeling
James, Mark
Goffin, Gerry/King,
Carole
Napolitano, Johnette Lin
Goffin, Gerry/King,
Carole
Brown, L.
Russell/Levine, Irwin
Hart, Bobby/Boyce,
Tommy
14.
5.
6.
7.
8.
I
9.
Registration
PA0000451052
Publisher
EMILONGITUDE
PA 218114,
7113/1989
PA 218120,
711311989 (Inst.
Version)
EU 354875;
11122/1943
R495419;
11/23/1970
R495420;
11/23/1970
EP 126302;
10/20/1944
R 515274;
10/20/1971
EP 249766, dated
9/13/1968;
RE 724694, dated
1/16/1996
EU 818747
EMIGOLDEN
TORCH
EMIFEIST
SCREENGEMS
SCREENGEMS
I
PA 495 150
EMILONGITUDE
EU 732-343
SCREENGEMS
EU 219335
EMISOSAHA
EU 959-855;
9/8/1966
RE 656-443;
SCREENGEMS
10.
Goffin, Gerry/King,
Carole
11.
Silent Lucidity
Degarmo, Christopher
12.
13.
Black, Don/London,
Mark
Mann, Barry/Weil,
Cynthia
, 14.
!
Overstreet, PauVSchlitz,
Don
3115/1994
EP 224-641;
11/8/1966
RE 656-440;
311511994
EU 766114,
04/1211963;
RE 528808,
03/1411991
EP 177215,
0611911963;
RE 567555,
12/3111991
RE 544157,
04/08/1991
PA498 412
SCREENGEMS
SCREENGEMS
EP 243727
SCREENGEMS
EU 895-700;
8/5/1965
RE 622-907;
3/2211993
PA 374584,
08115/1988
SCREENGEMS
SCREEN GEMS
Exhibit 3
to
Writer(s)
Degarmo,
Christopherffate,
Geoff/Jackson, Eddie
Fitzgerald,
Ella/Alexander, Van
3.
Breaking Up Is
Hard To Do
Sedaka, Neil/Greenfield,
Howard
4.
Webb, Jimmy L
1.
2.
5.
6.
7.
Penn, Dan/Oldham,
Spooner
Overstreet, Paul/Schlitz,
Don
Nesmith, Michael
Registration
PA 498 409
Publisher
SCREENGEMS
EU 170752, dated
6/29/1938;
R 364231, dated
6/29/1965
EP 70253, daetd
7/11/1938;
R 364909, dated
711211965
EU 724-459;
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
EP 249530
EMIROBBINS
EMISOSAHA
RE 724-293
SCREENGEMS
PA 418-887
SCREENGEMS
EU 892696, dated
711611965;
RE 649883, dated
12/28/1993
SCREENGEMS
SCREEN GEMS
8.
9.
Goffin, Gerry/King,
Carole
Rabbitt, Eddie/Stevens,
Even/Tyler, Dan
Mann, Barry/Weil,
Cynthia
10.
11.
Hooked On A
Feeling
James, Mark
12.
Hungry
13.
I Believe In You
14.
Mann, Barry/Weil,
Cynthia
Cook, Roger F./Hogin,
Sam
Goffin, Gerry/King,
Carole
Rabbitt, Eddie/Stevens,
Even/Malloy, David
Rosenblatt, Richard
15.
16.
17.
18.
19.
If I Give My Heart
To You
LetMeBeThe
One
Little Things Mean
~~
22.
Heart Belongs
Me
Door To An
Angel
On Broadway
Crane, Jimmie/Brewster,
Jimmy/Jacobs, AI
Martinee, Lewis A
Calisch, Edith UStutz,
Carl
Gordon, Alan Lee
Sedaka, Neil/Greenfield,
Howard
Mann, Barry/Weil,
Cynthia/Leiber,
Jerry/Stoller, Mike
EU 78965, dated
111911967;
RE 701657, dated
4/7/1995
EU 753329
SCREENGEMS
P A0000002597
SCREENGEMS
EU 8099308/15/1977
RE 911-7851/3/2005
EP 38003411/311977
RE 911-4551/3/2005
EP 249766, dated
9113/1968;
RE 724694, dated
1116/1996
EU943843
SCREENGEMS
SCREENGEMS
SCREENGEMS
PA 807 135
SCREENGEMS
EU 780854
SCREEN GEMS
PA 72-475
SCREENGEMS
EP 226335,
1/24/1967
RE 702512,
6/511995
EU 316262
EMILONGITUDE
EMIMILLER
PA0000330210
SCREENGEMS
EP 78057
EMIFEIST
EU 358584
EMISOSAHA
EU 736356
SCREENGEMS
EU 734579:
8/31162
RE 485-344:
SCREENGEMS
I
I
7/2011990
23.
Goffin, Gerry/King,
Carole
Pour Me Another
Tequila
Singin' In The Rain
"Theme"
Stevens, Even!Rabbitt,
Eddie/Malloy, David
Freed, Arthur/Brown,
Nacio Herb
26.
Casey, Harry
Wayne/Finch, Richard
Raymond
27.
Mann, Barry/Goffin,
Gerry
24.
25.
EU766114,
04/1211963;
RE 528808,
03/14/1991
EP 177215,
06119/1963;
RE 567555,
12/3111991
RE 544157,
04/0811991
P A0000028870
EP 6350,
5/2711929
R 176608,
9/10/1956
R 171197,
5/2811965
EU 6060200,
8/18/1975
RE 877393,
112/2003
EU 684-102;
811811961
RE426-886;
2110/1989
EP 165-165;
8/30/1961
RE 428-941;
2/10/1989
SCREENGEMS
SCREENGEMS
EMIROBBINS
EMILONGITUDE
SCREENGEMS
Exhibit 4
to
2.
. 3.
4.
15.
Writer(s)
Collins, Phil
Registration
PA 205096,
02/27/1984
Publisher
EMIGOLDEN
TORCH
Wolinski, David J
PA 180772,
7/22/1983
EP 293227:
11/16/1973
RE 795-500:
12/3111998
EU 566105;
3/1111959
RE 334615;
3/25/1987
EP 45186,
12/511934
R 286391,
12/511961
EP 95797,
6/27/1941
R 460142,
4/1/1969
EU 24395,
11/13/1967
RE 694197,
4/711995
EU 38093
EMIFULLKEEL
GLENWOOD
Always On My
Mind
James, Mark/Thompson,
Wayne/Christopher, John
L. Jr.
Barbara Ann
Fassert, Fred
I Blue Moon
Rodgers, Richard/Hart,
Lorenz
SCREEN GEMS
EMILONGITUDE
EMIROBBINS
6.
Chattanooga Chao
Chao
7.
8.
Delilah
9.
Eighteen Wheels
And A Dozen
Roses
Ghostbusters
Nelson, Paul/Nelson,
Gene
PAu001012239
SCREENGEMS
PA 218114,
7/1311989
PA 218120,
EMIGOLDEN
TORCH
10.
I
Title
Against All Odds
(Take A Look At
Me Now)
Ain't Nobody
Warren, Harry/Gordon,
Mack
EMIFEIST
SCREEN GEMS
11.
Hart, Bobby/Boyce,
Tommy
14.
Louie Louie
Berry, Richard
15.
Men
16.
Minnie The
Moocher
Moody Blue
Byrne, Robert/Schulman,
David Alan
Calloway, Cab/Gaskill,
Clarence/Mills, Irving
James, Mark
No One Else On
Earth
Colucci, Jill/Harris,
Stewart/Lorber, Sam
112.
13.
17.
1
18.
21.
Peppermint Twist
Remi, Salaam/Kamoze,
Ini/Kenner,
Christopher/Nix, Kenton
Bogan, Lee C/Diffie, Joe
Nelson, Willie
Harburg, E.Y.
"Yip"/Arlen, Harold
DiNicola,
Joseph/Glover, Henry
7113/1989 (Inst.
Version)
PA0000892751
EMILONGITUDE
PA0000613369
EMILONGITUDE
EU 959-855;
9/811966
RE 656-443;
3/1511994
EP 224-641;
1118/1966
RE 656-440;
3/1511994
EU 471125,
3/2211957
RE 229368,
12/3111984
PA 300-741:
9/10/1986
EP22824
SCREENGEMS
EMIMILLS
EP347951
SCREEN GEMS
PA 142663,
07/02/1992
PAu 1401733,
07/13/1990
PAu 197371,
2/511980
EU 171647;
7/18/1938
R 364974;
7/19/1965
EU 175159;
8/24/1938
R 366767;
8/25/1965
EP 74284;
111811939
R 378562;
111811966
EU 692812,
10/26/1961
RE428002,
211411989
EMIGOLDEN
TORCH
EMILONGITUDE
SCREENGEMS
EMILONGITUDE
EMIFEIST
EMILONGITUDE
22.
23.
Santa Claus Is
Comin' To Town
Coots, J. Fred/Gillespie,
Haven
24.
Single White
Female
Southern Nights
Smith, Shaye/Johnson,
Carolyn Dawn
Toussaint, Allen
25.
The Loco-Motion
King, Carole/Goffin,
Gerry
26.
Webster, Paul
Francis/Mandel, Johnny
27.
The Shadow Of
Your Smile
(Vocal Version)
To Sir, With Love
28.
Up On The Roof
29.
30.
31.
EU 93634,
09/27/1934;
R 282480,
09/2711961
EP44456,
10/2511934;
R 283907,
1012511961
PA 964-705
EMIFEIST
EMIFULLKEEL
SCREENGEMS
EU 535596/RE
853-762/EP
253218/RE 911262
EU 721814:
5/23/1962
RE 491-586:
7/2711990
EP 166455:
7/27/1962
RE 491-487:
7/2711990
EP204252
EMIMILLER
Black, Don/London,
EP 243727
SCREENGEMS
t!m, Gerry/King,
EP 279751
SCREEN GEMS
PA-689-983
EMILONGITUDE
EU 629-289;
6/23/1960
RE 384-714;
112711988
EU 634-765;
8/5/1960
RE 372-110;
111111988
EU 726330/RE
911 - 519/RE-700816/R 223998
SCREENGEMS
ole
Beeson, Marc/Lemaire,
Sonny
Sedaka, Neil/Greenfield,
Howard
Glover, John/Dean,
James
SCREENGEMS
EMILONGITUDE
Exhibit 5
to
1.
2.
Another Rainy
Night (Without
You)
Breaking Up Is
Hard To Do
3.
14.
5.
6.
. 7.
8.
I
Don't SayNothin'
Bad (About My
Baby)
Eighteen Wheels
And A Dozen
Roses
Empire
Registration
EP234330
Publisher
EMIJEMAXAL
PA498 409
SCREENGEMS
EU724-459;
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
EP 249530
SCREENGEMS
EMISOSAHA
PAOOO 1165468
EMIROBBINS
EU 753329
SCREENGEMS
Nelson, Paul/Nelson,
Gene
PAu001012239
SCREENGEMS
Wilton, MichaeVTate,
Geoff
PA498410
SCREEN GEMS
Writer(s)
Brigati, Edward
J/Cavaliere, Felix
Degarmo,
Christopherffate,
Geoff/Jackson, Eddie
Sedaka, NeiVGreenfield,
Howard
Webb, Jimmy L
Ferguson, Stacyffroup,
Bobby/Adams,
Will/Simmons, Russell
W Smith,
Lawrence/Spicer, James
Goffin, Gerry/King,
Carole
9.
10.
11.
12.
i
13.
15.
1
17.
18.
I 19.
Moody, Mick/Marsden,
Bernie/Coverdale, David
Sedaka, Neil/Greenfield,
Howard
Remi, Salaam/Kamoze,
Ini/Kenner,
Christopher/Nix, Kenton
Brigati, Edward
J/Cavaliere, Felix
Goffin, Gerry/King,
Carole
Dukes, Steve/Anderson,
Jeb Stuart/Hall, Markus
Harburg, E. Y.
"Yip"/Arlen, Harold
114.
16.
If I Only Had A
Brain A Heart
And The Nerve
Goffin, Gerry/King,
Carole
Casey, Harry
Wayne/Finch, Richard
Raymond
Romeo, Tony
20.
Stewart, Rod/Hitchings,
Duane S/Robinson,
Roland
Jabara, Paul/Shaffer, Paul
21.
Joey
22.
Keep It Comin'
Love
23.
Casey, Harry
Wayne/Finch, Richard
Raymond
Goffin, Gerry/King,
Carole
Pippin, Stevan UDiffie,
24.
OffMyBaby
Leroy The
PA0000451052
EMILONGITUDE I
EU 691-815;
10/1711961
RE426-997;
2/10/1989
PA0000892751
SCREEN GEMS
EMILONGITUDE
EP 255 773
EMIJEMAXAL
EU 780854
SCREENGEMS
PA 643-837
EMIFULLKEEL
EU 171652, dated
7/18/1938;
R 364975, dated
7/19/1965
EP 74977, dated
2/8/1939
R 379227, dated
2/811966
EP 79154, dated
1n11939
R 390359, dated
8/311966
EU 818747
EMIFEIST
SCREEN GEMS
EU725 440
EMILONGITUDE
EU 48352
SCREEN GEMS
PA 900 736
EMIFULLKEEL
PA 155624,
11116/1982
PA495 150
EMISOSAHA
EU 725 446
EMILONGITUDE
EU 732-343
SCREENGEMS
P A0000643855
EMILONGITUDE
EMILONGITUDE
25.
26.
27.
Redneck Reindeer
Joe/Slate, Stacey
Let Me Be The
One
Mandy
Martinee, Lewis A
28.
Next Door To An
Angel
OhCarol
29.
Kerr, Richard/English,
Scott
Sedaka, Neil/Greenfield,
Howard
Sedaka, Neil/Greenfield,
Howard
Goffin, Gerry/King,
Carole
Pleasant Valley
Sunday
Goffin, Gerry/King,
Carole
33.
Pour Me Another
Tequila
Prop Me Up
Beside The
Jukebox (If I Die)
Pump It
34.
Santa Claus Is
Stevens, Even/Rabbitt,
Eddie/Malloy, David
Blaylock, Rick/Perdew,
Howard/Phillips, Kerry
Kurt
Roubanis,
Nicholao;;/Ferguson,
Stacy/Adams, Will
Pineda, Allan/Van
Musser, Thomas
Coots, J. Fred/Gillespie,
30.
31.
32.
PA0000643929
PA0000767757
P A0000330210
SCREENGEMS
SCREENGEMS
EP 29533010/24/1971
RE 813-70412/29/1999
EP 3800311114/1977
RE 911-453113/2005
EU 736356
SCREENGEMS
EP 138374
SCREENGEMS
EU 766114,
0411211963;
RE528808,
03/1411991
SCREEN GEMS
EP 177215,
06119/1963;
RE 567555,
12/3111991
RE544157,
04/08/1991
EU 4-825;
711111967
RE 789-422;
11/9/1998
EP236-549;
9/411967
RE 715-826;
311111996
P A0000028870
SCREENGEMS
PA 613 096
EMILONGITUDE
PA0001162173
EM! GROVE
PARK MUSIC
EU 93634,
EM! FEIST
SCREENGEMS
Comin' To Town
Haven
Womack,
Drew/Wiseman, Craig
Toussaint, Allen
36.
Southern Nights
37.
The Loco-Motion
King, Carole/Goffin,
Gerry
38.
James, Elmore
39.
40.
41.
42.
43.
Wannabe
44.
Halliwell, Geri/Bunton,
Emma Lee/Brown,
Melanie J anine
Chisholm, Melanie
Jayne/Beckham, Victoria
Caroline
Goffin, Gerry/King,
Carole
09/27/1934;
R 282480,
09/27/1961
EP 44456,
10/25/1934;
R 283907,
10/25/1961
PA 886-673
EMIFULLKEEL
SCREENGEMS
EU 535596/RE
853-762/EP
253218/RE 911262
EU 721814:
5/23/1962
RE 491-586:
7/2711990
EP 166455:
7/2711962
RE 491-487:
7/27/1990
EU 643766
EMILONGITUDE
PA 184-186
SCREENGEMS
EP 279751
SCREEN GEMS
EU995281
SCREENGEMS
EU 848303/EP
312348/RE 876972/RE 903939/RE 321405/EU827265
PA 883313,
04/16/1997
SCREENGEMS
EU 653713,
01/06/1961;
RE429038,
02/10/1989
EP 152940,
05/15/1961;
RE456965,
SCREENGEMS
EMIFULLKEEL
SCREENGEMS
12/2611989
45.
Mann, Barry/Weil,
Cynthia/Spector, Phil
EU 854820;
11/2311964
RE 570564;
1/611992
EP 198070;
1127/1965
RE 610504;
11411993
SCREENGEMS