Case 3:21-cv-00608-DMS-MDD Document 1 Filed 04/08/21 PageID.

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1 Jayson M. Lorenzo, Esq. SBN 216973

Ryan J. Altomare, Esq. SBN 306581
2 J. Lorenzo Law
2292 Faraday Ave., Ste. 100
3 Carlsbad, CA 92008
Tel. (760) 560-2515
4 Fax (760) 520-7900
5 Attorneys for Plaintiffs,
SHAWN LEE,
6 and UBIQUITY RECORDINGS, INC.
7
8 UNITED STATES DISTRICT COURT
9 FOR THE SOUTHERN DISTRICT OF CALIFORNIA
10
11 SHAWN LEE, an individual; UBIQUITY ) Case No. '21CV0608 DMS MDD
)
RECORDINGS, INC. ) COMPLAINT FOR:
12 )
Plaintiff, ) 1. COPYRIGHT INFRINGEMENT;
13 ) 2. INTENTIONAL
) MISREPRESENTATION;
14 vs. ) 3. NEGLIGENT
) MISREPRESENTATION
15 )
)
16 ) JURY TRIAL DEMANDED
)
17 ROCKSTAR GAMES, INC., and DOES 1 )
through 10, inclusive, )
18 )
)
19 Defendants. )
)
20 )
)
21
22
23
24
25
26
27
28

COMPLAINT FOR COPYRIGHT INFRINGMENT; MISREPRESENTATION

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1 Plaintiffs, SHAWN LEE and UBIQUITY RECORDINGS, INC., hereby allege

2 the following:
3 JURISDICTION AND VENUE
4 1. This is an action for copyright infringement.
5 2. This claim for copyright infringement arises under The Copyright Act, 17
6 U.S.C. § 501, et. seq.
7 3. The claims for intentional misrepresentation and negligent misrepresentation
8 arise under California state law.
9 4. The jurisdiction of this Court over this action is conferred by 28 U.S.C. §
10 1331 and 28 U.S.C. § 1367.
11 5. This Court has personal jurisdiction over Defendant ROCKSTAR GAMES,
12 INC. (“ROCKSTAR”) in this action because ROCKSTAR has committed and continues
13 to commit infringing acts within the Southern District of California and has established
14 minimum contacts with this District such that exercise of jurisdiction would not offend
15 traditional notions of fair play and substantial justice.
16 6. Additionally, ROCKSTAR has established substantial and continuous
17 contacts with this forum as it has an office located in Carlsbad, California. ROCKSTAR
18 is additionally licensed to conduct business within the State of California.
19 7. Venue is proper under 28 United States Code § 1391(b)(2) because
20 ROCKSTAR has committed and continues to commit acts of infringement by publishing
21 within this District the infringing material.
22 PARTIES TO THE ACTION
23 8. Plaintiff SHAWN LEE is an individual residing in London, England.
24 9. Plaintiff UBIQUITY RECORDINGS, INC. (“UBIQUITY”) is a California
25 Corporation with its principal place of business in Costa Mesa, California.
26 10. At all material times herein alleged, Defendant ROCKSTAR was and
27 continues to be a Delaware corporation with a principal place of business located in
28 Carlsbad, California.

COMPLAINT FOR COPYRIGHT INFRINGMENT; MISREPRESENTATION

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1 11. Plaintiffs are unaware of the true identity, nature and capacity of each of the
2 Defendants designated herein as a DOE. Plaintiff is informed and believes and thereon
3 alleges that each of the Defendants designated herein as a DOE is in some manner
4 responsible for the damages and injuries as are alleged in this complaint. Upon learning
5 the true identity, nature and capacity of the DOE Defendants, Plaintiffs will amend this
6 complaint to allege their true names and capacities.
7 12. Plaintiffs are informed and believe and thereon allege that at all material
8 times herein alleged that the Defendants, and each of them, were the agents, servants and
9 employees of the other Defendants, and each of them.
10 FIRST CLAIM FOR RELIEF
11 COPYRIGHT INFRINGEMENT
12 13. Plaintiffs hereby incorporate the foregoing paragraphs 1 through 12 by
13 reference as if fully stated herein.
14 14. Plaintiffs are the owners and creators of certain musical work entitled “Biker
15 Chick.”
16 15. Plaintiffs filed an application for copyright registration in the United States
17 Copyright Office for the “Biker Chick” musical work and sound recording and were
18 granted registrations on July 30, 2012 with the following registration numbers:
19 SR0000705424; and
20 PA0001806829.
21 16. In or around 2006, ROCKSTAR released a video game entitled "Bully,"
22 eventually selling over 1.5 million copies and receiving various gaming accolades.
23 Plaintiff SHAWN LEE composed the entire soundtrack for the game and was nominated
24 for best original soundtrack in 2006.
25 17. Following the success of "Bully," in or around 2008, ROCKSTAR
26 approached Plaintiff SHAWN LEE and encouraged him to submit a “Biker Theme” track
27 to be used in another one of ROCKSTAR’s video games, Grand Theft Auto 4 (“GTA4”).
28

COMPLAINT FOR COPYRIGHT INFRINGMENT; MISREPRESENTATION

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1 18. On or about November of 2008, Plaintiff SHAWN LEE submitted a spec

2 track to ROCKSTAR for a “Biker Theme” which included compositions and master
3 recording stems.
4 19. Following delivery of the spec track, for reasons unknown to Plaintiff
5 SHAWN LEE, ROCKSTAR stated it would not be using any of Plaintiff SHAWN LEE'S
6 material.
7 20. On or about July 17, 2012, Plaintiffs SHAWN LEE and UBIQUITY released
8 an album entitled “Reel to Reel.” The album included a track entitled “Biker Chick”
9 which was composed using Plaintiff's SHAWN LEE’s composition and stems that had
10 been previously presented to Defendant ROCKSTAR.
11 21. Unbeknownst to Plaintiff SHAWN LEE, on or about December, 2020, he
12 learned that certain compositions and stems, containing a certain melody and riff that had
13 been presented to Defendant, had been used in the GTA4 "Soviet Connection" theme
14 song. He also later learned that the melody presented was also used in ROCKSTAR’s
15 game Grand Theft Auto 5 (“GTA5”) as the “Liberty City Loop.”
16 22. The “Soviet Connection” theme song which appears in GTA4 and GTA5 is
17 substantially similar to the spec track Plaintiff SHAWN LEE submitted to Defendant as
18 well as the protectable elements of the Plaintiff’s “Biker Chick” track.
19 23. ROCKSTAR has infringed Plaintiffs’ copyrights in the “Biker Chick”
20 musical work and sound recording in violation of the Copyright Act, 17 U.S.C. §§ 106
21 and 501, by reproducing the work in Defendants’ video games without the consent,
22 approval or license of Plaintiffs, and by continuing to distribute, display and copy the
23 material publicly online and through advertising without the consent, approval or license
24 of Plaintiffs.
25 24. ROCKSTAR’s acts of infringement are willful, intentional and purposeful,
26 in disregard of and with indifference to Plaintiffs’ rights.
27 25. As a direct and proximate result of said infringement by ROCKSTAR,
28 Plaintiffs are entitled to damages in an amount to be proven at trial.

COMPLAINT FOR COPYRIGHT INFRINGMENT; MISREPRESENTATION

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1 26. Plaintiffs are also entitled to ROCKSTAR’s profits attributable to the

2 infringement, pursuant to 17 U.S.C. § 504(b), including an accounting of and a
3 constructive trust with respect to such profits.
4 27. Plaintiffs are further entitled to its attorneys’ fees and full costs pursuant to
5 17 U.S.C. § 505 and otherwise according to law.
6 28. As a direct and proximate result of the foregoing acts and conduct, Plaintiffs
7 have sustained and will continue to sustain substantial, immediate, and irreparable injury,
8 for which there is no adequate remedy at law. Plaintiffs are informed and believe and, on
9 that basis, avers that unless enjoined and restrained by this Court, Defendants will
10 continue to infringe Plaintiffs’ rights in the “Biker Chick” musical work. Plaintiffs is
11 entitled to preliminary and permanent injunctive relief to restrain and enjoin Defendants’
12 continuing infringing conduct.
13 SECOND CLAIM FOR RELIEF
14 INTENTIONAL MISREPRESENTATION
15 29. Plaintiffs hereby incorporate the foregoing paragraphs 1 through 28 by
16 reference as if fully stated herein.
17 30. In or around 2008, ROCKSTAR approached Plaintiff SHAWN LEE and
18 encouraged him to submit a "Biker Theme" track for the GTA4 video game and
19 represented that he would be handsomely compensated if his music was used. After
20 receiving the spec track, ROCKSTAR then misrepresented to Plaintiff SHAWN LEE that
21 it would not use Plaintiffs’ composition and stems for its video games.
22 31. At the time Plaintiff was encouraged to submit the music and told he would
23 be compensated, ROCKSTAR knew those statements and representations were in fact
24 false, and/or ROCKSTAR made the statements and representations with reckless
25 disregard as to their truth or falsity.
26 32. ROCKSTAR intended to induce Plaintiff's reliance on those representations
27 so Plaintiff SHAWN LEE would submit musical ideas.
28 33. Plaintiff justifiably relied on ROCKSTAR’s representations.

COMPLAINT FOR COPYRIGHT INFRINGMENT; MISREPRESENTATION

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1 34. As a result of ROCKSTAR’s misrepresentations, Plaintiff has suffered and

2 will continue to suffer damages in an amount to be proven at trial.
3 35. ROCKSTAR’s wrongful acts were malicious, oppressive, intended to
4 defraud, and in conscious disregard of Plaintiff's rights, thus entitling Plaintiff to an award
5 of punitive damages.
6 THIRD CLAIM FOR RELIEF
7 NEGLIGENT MISREPRESENTATION
8 36. Plaintiffs hereby incorporate the foregoing paragraphs 1 through 35 by
9 reference as if fully stated herein.
10 37. On or about November of 2008, ROCKSTAR approached Plaintiff SHAWN
11 LEE and encouraged him to submit a "Biker Theme" track for the GTA4 video game and
12 represented that he would be handsomely compensated if his music was used. After
13 receiving the spec track, ROCKSTAR then misrepresented to Plaintiff SHAWN LEE that
14 it would not use Plaintiff’s composition and stems for its video games.
15 38. At the time Plaintiff was encouraged to submit the music and told he would
16 be compensated, although ROCKSTAR may have honestly believed that its
17 representations were true, ROCKSTAR had no reasonable grounds for believing the
18 representations were true when made.
19 39. ROCKSTAR intended that Plaintiff rely on those representations so Plaintiff
20 SHAWN LEE would submit musical ideas.
21 40. Plaintiff justifiably relied on ROCKSTAR’s representations.
22 41. As a result, Plaintiff was harmed and Plaintiff's reliance was a substantial
23 factor on causing his harm.
24 42. As a result of ROCKSTAR'S misrepresentations, Plaintiff has suffered and
25 will continue to suffer damages in an amount to be proven at trial.
26 ///
27 ///
28 ///

COMPLAINT FOR COPYRIGHT INFRINGMENT; MISREPRESENTATION

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1 PRAYER FOR RELIEF

2 WHEREFORE, Plaintiffs pray for judgment against Defendants as follows:
3 A. Defendants and its agents, officers, employees, representatives, successors,
4 assigns, attorneys and all other persons acting for, with, by, through or under authority
5 from Defendants, and each of them, be preliminarily and permanently enjoined from
6 manufacturing, reproducing, distributing, adapting, displaying, advertising, promoting,
7 offering for sale and/or selling any materials that are substantially similar to the
8 copyrighted works, and to deliver to the Court for destruction or other reasonable
9 disposition all such materials and means for producing same in Defendants’ possession
10 or control.
11 B. That Defendants be compelled to account to Plaintiffs for any and all
12 profits derived by it from its illegal acts complained of herein;
13 C. General damages in an amount to be proven at trial;
14 D. Special damages in an amount to be proven at trial;
15 E. A finding that Defendants willfully infringed Plaintiffs’ rights in federally
16 registered copyrights under 17 U.S.C. § 501;
17 F. An award of costs attorney’s fees pursuant to 17 U.S.C. § 505;
18 G. Disgorgement of profits;
19 H. Punitive damages;
20 I. An award of prejudgment interest;
21 J. An award for such other and further relief as the Court of this case deems
22 just, equitable and proper.
23
24 Dated: April 7, 2021 J. LORENZO LAW
25
26 By:_/s/ Ryan J. Altomare______
27 Jayson M. Lorenzo.
Ryan J. Altomare,
28 Attorneys for Plaintiffs

COMPLAINT FOR COPYRIGHT INFRINGMENT; MISREPRESENTATION