Bob James v. Jackson (Madlib) complaint.pdf

12
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ALLEN HYMAN, ESQ. (CBN: 73371) LAW OFFICES OF ALLEN HYMAN 10737 Riverside Drive North Hollywood, California 91602 P: (818) 763-6289 or (323) 877-3405 F: (818) 763-4676 E: [email protected] Attorneys for Plaintiffs ROBERT JAMES and TAPPAN ZEE RECORDS, INC. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ROBERT JAMES, an individual; and TAPPAN ZEE RECORDS, INC., a Michigan Corporation, Plaintiffs, vs. OTIS JACKSON, JR., an individual; KEITH ROMAN GREIGO, an individual; STONES THROW RECORDS, LLC, a California Limited Liability Company; APPLE, INC., a California Corporation; AMAZON.COM, LLC, a Delaware Limited Liability Company; AMAZON.COM, INC., a Delaware Corporation, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. COMPLAINT FOR COPYRIGHT INFRINGEMENT (DEMAND FOR JURY TRIAL) I. FIRST CLAIM FOR RELIEF (Against All Defendants) Jurisdiction 1. Plaintiffs assert claims for copyright infringement under the copyright laws of the United States (17 U.S.C. 101 et seq). As provided by 28 U.S.C. 1338, this Court has original 1 COMPLAINT FOR COPYRIGHT INFRINGEMENT PC-7:S:\Shared Data\PC7\BOB JAMES\INFRINGEMENT CASES\NAUTILUS\STONES THROW RECORDS\COMPLAINT.wpd Case 2:15-cv-02698-SVW-VBK Document 1 Filed 04/10/15 Page 1 of 12 Page ID #:1

Transcript of Bob James v. Jackson (Madlib) complaint.pdf

  • 123456789

    10111213141516171819202122232425262728

    ALLEN HYMAN, ESQ. (CBN: 73371)LAW OFFICES OF ALLEN HYMAN10737 Riverside DriveNorth Hollywood, California 91602P: (818) 763-6289 or (323) 877-3405F: (818) 763-4676E: [email protected]

    Attorneys for PlaintiffsROBERT JAMES and TAPPAN ZEE RECORDS, INC.

    UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA

    ROBERT JAMES, an individual;and TAPPAN ZEE RECORDS, INC., aMichigan Corporation,

    Plaintiffs,vs.

    OTIS JACKSON, JR., anindividual; KEITH ROMAN GREIGO,an individual; STONES THROWRECORDS, LLC, a CaliforniaLimited Liability Company;APPLE, INC., a CaliforniaCorporation; AMAZON.COM, LLC, aDelaware Limited LiabilityCompany; AMAZON.COM, INC., aDelaware Corporation,

    Defendants.

    )))))))))))))))))))))

    CASE NO.COMPLAINT FOR COPYRIGHTINFRINGEMENT(DEMAND FOR JURY TRIAL)

    I.FIRST CLAIM FOR RELIEF

    (Against All Defendants)Jurisdiction

    1. Plaintiffs assert claims for copyright infringementunder the copyright laws of the United States (17 U.S.C. 101 etseq). As provided by 28 U.S.C. 1338, this Court has original

    1COMPLAINT FOR COPYRIGHT INFRINGEMENT

    PC-7:S:\Shared Data\PC7\BOB JAMES\INFRINGEMENT CASES\NAUTILUS\STONES THROW RECORDS\COMPLAINT.wpd

    Case 2:15-cv-02698-SVW-VBK Document 1 Filed 04/10/15 Page 1 of 12 Page ID #:1

  • 123456789

    10111213141516171819202122232425262728

    subject matter jurisdiction: The district courts shall haveoriginal jurisdiction of any civil action arising under any Act ofCongress relating to... copyrights... (28 U.S.C. 1338(a)).

    The Parties2. Plaintiff Robert James (JAMES) is an individual and

    is a citizen of Traverse City, Michigan.3. Tappan Zee Records, Inc. (TAPPAN ZEE), is a

    corporation incorporated under the laws of the State of Michiganwith its corporate address located at 8381 Timbers Trail Drive,Traverse City, Michigan 49685 (Secretary of State of Michiganonline search, Ex. No. 1).

    4. Defendant Otis Jackson, Jr. (JACKSON), plaintiffsallege on information and believe, performs under the nameQuasimoto. Plaintiffs further allege on information and beliefthat JACKSON is a citizen of the State of California and resides inLos Angeles County, California.

    5. Defendant Keith Roman Greigo (GREIGO), plaintiffsallege on information and belief, is a citizen of the State ofCalifornia, and which plaintiffs further allege on information andbelief, resides in Los Angeles County, California.

    6. Defendant Stones Throw Records, LLC (STR), is aCalifornia limited liability company (April 9, 2015 online searchof California Secretary of State attached as Ex. No. 2) whichidentifies STR as an Active LLC with an Entity Address ofLondon & Co LLP, 2800 Olympic Boulevard, 2nd Floor, Santa Monica,California 90404. Plaintiffs further allege on information andbelief that defendant STR may also be located at 2658 Griffith ParkBoulevard, #504, Los Angeles, California 90039.

    2COMPLAINT FOR COPYRIGHT INFRINGEMENT

    PC-7:S:\Shared Data\PC7\BOB JAMES\INFRINGEMENT CASES\NAUTILUS\STONES THROW RECORDS\COMPLAINT.wpd

    Case 2:15-cv-02698-SVW-VBK Document 1 Filed 04/10/15 Page 2 of 12 Page ID #:2

  • 123456789

    10111213141516171819202122232425262728

    7. Defendant Apple, Inc. (APPLE), is a CaliforniaCorporation which business address is 1 Infinite Loop, Cupertino,California 95014 (Ex. No. 3, California Secretary of State onlinesearch). Defendant APPLE is the owner of the entity known asiTunes which offers digital music downloads on a pay per downloadbasis in the State of California, which has offered and whichpresently offers for sale the sound recording titled Sparkdala,which infringes copyrighted works owned by the plaintiffs.

    8. Defendant Amazon.com, LLC (AMAZON-LLC), is aDelaware organized LLC which business address is 410 Terry AvenueNorth, Seattle, Washington 98109, and which is registered as aforeign LLC to do business in the State of California (CaliforniaSecretary of State online search, Ex. No. 4). AMAZON is an onlineretailer that offers for sale and sells sound recordings throughthe internet in the State of California, and has and is presentlyoffering for sale the infringing sound recording Sparkdala. Plaintiffs also name as a defendant Amazon.com, Inc. (AMAZON-INC), a corporation organized under the laws of the State ofDelaware (Ex. No. 5) in that plaintiffs are uncertain as to thetrue owner of the AMAZON online sales entity.

    Plaintiff JAMES History As A Composer And Recording Artist9. JAMES was born on December 25, 1939, and is

    presently seventy-six (76) years of age. JAMES received both aB.A. and M.A. in music from the University of Michigan graduatingin the early 1960's.

    10. For over fifty (50) years, JAMES has had adistinguished career as a keyboard recording and performanceartist, as a composer, and as an arranger in the jazz idiom.

    3COMPLAINT FOR COPYRIGHT INFRINGEMENT

    PC-7:S:\Shared Data\PC7\BOB JAMES\INFRINGEMENT CASES\NAUTILUS\STONES THROW RECORDS\COMPLAINT.wpd

    Case 2:15-cv-02698-SVW-VBK Document 1 Filed 04/10/15 Page 3 of 12 Page ID #:3

  • 123456789

    10111213141516171819202122232425262728

    11. For over a fifty (50) year period from the 1960'sto the present, JAMES has composed hundreds of musicalcompositions, and recorded over fifty (50) record albums of JAMES(and others) compositions and arrangements.

    12. JAMES has collaborated and worked with many notablemusical artists including among others, Sara Vaughn, Paul Simon,Neil Diamond, Maynard Ferguson, and Kenny Loggins.

    13. In the early 1970's, JAMES composed musicalcompositions and recorded seven (7) record albums for CTI Records(which after disputes arose in 1978, CTI Records and its affiliatedpublishing company, Three Brother Music, Inc. (TBM-INC), assignedall compositions and sound recordings created and performed byJAMES to JAMES).

    14. In 1977, JAMES was nominated for a Grammy Award forBest Instrumental Arrangement for JAMES recording and composition, Westchester Lady.

    15. In 1979, JAMES record album Heads received aGrammy Nomination for the Best Album Package.

    16. The 1981 record album One on One by JAMES andEarl Klugh won the 1981 Grammy Award for Best Pop InstrumentalPerformance.

    17. The 1985, JAMES record album Double Vision incollaboration with David Sanborn was on the Billboard charts forsixty-three (63) weeks, selling over a million albums, and was aGrammy Award winner for best jazz fusion performance.

    18. JAMES was the composer and performer of the musicalcomposition Angela, the instrumental theme for the sitcom Taxi.///

    4COMPLAINT FOR COPYRIGHT INFRINGEMENT

    PC-7:S:\Shared Data\PC7\BOB JAMES\INFRINGEMENT CASES\NAUTILUS\STONES THROW RECORDS\COMPLAINT.wpd

    Case 2:15-cv-02698-SVW-VBK Document 1 Filed 04/10/15 Page 4 of 12 Page ID #:4

  • 123456789

    10111213141516171819202122232425262728

    19. In the 1990's, JAMES collaborated on recordingswith Earl Klugh entitled Cool and Kirk Whalum entitled Joined atthe Hip with both record albums being nominated for Grammy Awards.

    20. In 2008, JAMES received the InternationalAchievement Award by the State of Michigan.

    21. JAMES is the founding member of contemporary jazzsupergroup Fourplay. In 2010, JAMES group Fourplay was votedBest Group of the Year at the American Smooth Jazz Awards.

    22. During the 1970's, 1980's and 1990's and continuingto the present, JAMES has toured and performed nationally andinternationally.

    23. JAMES is recognized as one of the original foundersof smooth jazz and his work is well-recognized for the complexityof JAMES compositions, arrangements, instrumentals and for theoutstanding clarity and quality of the JAMES compositions andperformances.

    24. It is from the legacy and repertoire of thisdistinguished artist JAMES fifty (50) year career that defendantshave infringed (sampled) the JAMES performance (the soundrecording) and as well therefore the JAMES musical compositionNautilus, in defendants use of their recording entitledSparkdala in their record album entitled Yessir, Whatever.

    The Problems Confronting Hip Hop And/Or Rap ArtistsThe Infringing Recording and Composition

    25. One of the problems that confront many Hip Hop orRap artists is that they are unable to achieve an instrumentalbackground musical sound quality for their works. As a result,they borrow or sample, therefore infringe the performance and

    5COMPLAINT FOR COPYRIGHT INFRINGEMENT

    PC-7:S:\Shared Data\PC7\BOB JAMES\INFRINGEMENT CASES\NAUTILUS\STONES THROW RECORDS\COMPLAINT.wpd

    Case 2:15-cv-02698-SVW-VBK Document 1 Filed 04/10/15 Page 5 of 12 Page ID #:5

  • 123456789

    10111213141516171819202122232425262728

    composition of others in this case, the copywritten works of JAMESand TAPPAN ZEE.

    26. This complaint alleges copyright infringement bythe sampling, that is by the taking of the JAMES sound recording(JAMES performance of) Nautilus, and the JAMES composition ofNautilus, and using the JAMES musical composition and soundrecording of Nautilus in defendants recording entitledSparkdala by the artist Quasimoto, defendant JACKSON, composed bydefendant GREIGO and produced, recorded and distributed bydefendant STR in the record album Yessir, Whatever.

    The Infringed Composition And Sound RecordingAnd Their Copyright Registrations

    27. Plaintiff JAMES is the author of the musicalcomposition Nautilus initially registered with the US Copyrightoffice on May 16, 1974, Registration Eu 484341 (Ex. No. 6), whichinitial registration (Ex. No. 6) identifies JAMES as the authorwith TBM-INC, a publishing company, as the copyright claimant. TBM-INC was an associated entity with Creed Taylor, Inc. (CT-INC), a record company to which JAMES was under contract as arecording artist and under contract with TBM-INC as a composer inthe 1970's.

    28. After disputes arose between JAMES and the recordcompany, CT-INC, and the publishing company, TBM-INC, for whichJAMES had been recording and composing, by an Agreement dated March21, 1978 (full Agreement recorded in the U.S. Copyright Office,Vols. 1655-1721, pages 219-342) (selected pages, Ex. No. 7), TBM-INC, the initial claimant of the copyright in the Nautiluscomposition (Eu 484341) and other related entities:

    6COMPLAINT FOR COPYRIGHT INFRINGEMENT

    PC-7:S:\Shared Data\PC7\BOB JAMES\INFRINGEMENT CASES\NAUTILUS\STONES THROW RECORDS\COMPLAINT.wpd

    Case 2:15-cv-02698-SVW-VBK Document 1 Filed 04/10/15 Page 6 of 12 Page ID #:6

  • 123456789

    10111213141516171819202122232425262728

    ...sell, assign, transfer andotherwise set over unto Robert M.James an undivided 100% interest inall right, title and interest inand to each of the MusicalCompositions listed on Schedule Aannexed hereto, including thecopyrights therein and theretothroughout the world for the fullterm of copyright protection,including, without limitation allrenewals, substitutions andextensions thereof. (Ex. No. 7,Assignment)

    29. Exhibit No. 7 (page 3, selected pages of the 1978Agreement) identifies a Schedule A (U.S. Copyright Office, Vol.1655, page 220) which Schedule A lists the musical compositionNautilus, identified with the initial Copyright Registration EU484341, which by the March 21, 1978 Agreement was assigned toplaintiff JAMES, the initial author.

    30. On March 30, 2015, JAMES obtained RenewalRegistration RE 931-877 of the initial EU 484341 registration forthe composition Nautilus (Ex. No. 8).

    The Sound Recording31. In 1974, JAMES, as a recording artist under

    contract with CT-INC, recorded the sound recording Nautilus forCT-INC on the record album entitled One. In 1974, CT-INCobtained a Sound Recording Copyright Registration, N 16776, of theJAMES performance sound recording Nautilus included in the soundrecording entitled One (Ex. No. 9).1

    32. Included in the March 21, 1978 Agreement (Ex. No.7) (Vol. 1721 at pages 251, 252 and 309 attached as Exhibit No.

    1 Though not clearly printed on the registration, acomparison of the N 16776 registration and other documentsregistered with the U.S. Copyright Office indicates the initial N16776 registration was completed in 1974.

    7COMPLAINT FOR COPYRIGHT INFRINGEMENT

    PC-7:S:\Shared Data\PC7\BOB JAMES\INFRINGEMENT CASES\NAUTILUS\STONES THROW RECORDS\COMPLAINT.wpd

    Case 2:15-cv-02698-SVW-VBK Document 1 Filed 04/10/15 Page 7 of 12 Page ID #:7

  • 123456789

    10111213141516171819202122232425262728

    10), CTI Records, a division of CT-INC:...acknowledges that... James ownsall right, title and interest inperpetuity and throughout the worldin and to the master recordingsspecifically identified in Exhibit4 annexed hereto... including anycopyrights or other property rightswhich are vested or shall in thefuture vest therein and allduplicates and derivatives andother sound reproductions thereoftogether with all performancesembodied thereon free and clear ofany liens, claims or otherencumbrances... (Ex. No. 10, U.S.Copyright Office Vol. 1721, pages251-252; Exhibit No. 4, last pageof Ex. No. 10 identifies BobJames One.) (emphasis added)

    33. By the March 21, 1978 Agreement (Ex. No. 10), CTIRecords assigned the copyright in the sound recording One (N16776) to JAMES.

    34. On April 15, 1999, plaintiff TAPPAN ZEE, the whollyowned record company of JAMES, obtained a U.S. CopyrightRegistration for the TAPPAN ZEE digital remastering of therecording One, SR 264-212, which includes the digital remasteringof the recording of Nautilus (Ex. No. 11).

    35. On March 26, 2015, JAMES submitted a renewalapplication to the U.S. Copyright Office in the name of JAMES forN16776 (Ex. No. 12).

    36. Plaintiff JAMES composition Nautilus and JAMESperformance of the sound recording Nautilus contains materialthat is wholly original with plaintiff JAMES and is copyrightablesubject matter under the laws of the United States.

    37. Plaintiff JAMES has complied with all lawspertaining to plaintiff JAMES composition Nautilus and JAMES

    8COMPLAINT FOR COPYRIGHT INFRINGEMENT

    PC-7:S:\Shared Data\PC7\BOB JAMES\INFRINGEMENT CASES\NAUTILUS\STONES THROW RECORDS\COMPLAINT.wpd

    Case 2:15-cv-02698-SVW-VBK Document 1 Filed 04/10/15 Page 8 of 12 Page ID #:8

  • 123456789

    10111213141516171819202122232425262728

    performance of the sound recording Nautilus and JAMES haslawfully obtained the copyright and renewal copyright of both themusical composition (Ex. Nos. 6 and 8) and sound recording (Ex.Nos. 9 and 12).

    38. Plaintiff TAPPAN ZEE undertook to digitallyremaster the sound recording One, which digital remasteringincludes material that is wholly original with TAPPAN ZEE and iscopyrightable subject matter under the laws of the United States.

    39. Plaintiff TAPPAN ZEE has complied with all lawspertaining to plaintiff TAPPAN ZEEs remastering and has lawfullyobtained the copyright (Ex. No. 11) for the remastering of thesound recording ONE.

    Infringement40. Plaintiff JAMES sues all defendants for copyright

    infringement of JAMES musical composition Nautilus, which wasinitially registered as Eu 484341 (Ex. No. 6), and which renewalregistration is RE 931-877, dated March 30, 2015 (Ex. No. 8).

    41. Plaintiff JAMES sues all defendants forinfringement of the analogue sound recording Nautilus included inthe sound recording One, which copyright registration is N 16776(Ex. No. 9), renewed on March 26, 2015 (Ex. No. 12).

    42. Plaintiff TAPPAN ZEE sues all defendants forinfringement of the remastered digital sound recording of ONE,which was registered on April 15, 1999 as SR 264-212 (Ex. No. 11).

    Identification of Defendants Infringing Acts43. Attached as Exhibit No. 13 is iTunes Preview

    (internet download of April 9, 2015) indicating defendant APPLE isoffering for sale the record album Yessir, Whatever, with track

    9COMPLAINT FOR COPYRIGHT INFRINGEMENT

    PC-7:S:\Shared Data\PC7\BOB JAMES\INFRINGEMENT CASES\NAUTILUS\STONES THROW RECORDS\COMPLAINT.wpd

    Case 2:15-cv-02698-SVW-VBK Document 1 Filed 04/10/15 Page 9 of 12 Page ID #:9

  • 123456789

    10111213141516171819202122232425262728

    No. 10 identified as Sparkdala as performed by Quasimoto, whichrecording Sparkdala includes the JAMES/TAPPAN ZEE recording ofNautilus and JAMES composition of Nautilus and thereforeinfringes the JAMES and TAPPAN ZEE copyrights identified in thisComplaint.

    44. Attached as Exhibit No. 14 is the AMAZON April 9,2015 advertisement offering the sound recording of YessirWhatever which includes the recording Sparkdala as performed byQuasimoto on MP3, Audio CD and Vinyl, which manufacture andsale infringes the JAMES and TAPPAN ZEE composition and soundrecording copyrights identified in this Complaint.

    45. Exhibit No. 15 is an advertisement by defendant STRof the record Album Stones Throw STH2326, entitled YessirWhatever, which track No. 10 is entitled as Sparkdala, whichupon information and belief was first released in June, 2013, whichinfringes the JAMES and TAPPAN ZEE copyright in the composition andsound recording of Nautilus as identified in this Complaint.

    46. During the three (3) years prior to the filing ofthis complaint, defendants and each of them have infringed theJAMES copyrighted composition Nautilus and the JAMES analogueand/or the TAPPAN ZEE digital sound recording copyrights ofNautilus by the unlawful use of the composition and soundrecording elements of Nautilus in defendants infringingrecording of Sparkdala.

    47. As to defendants JACKSON, GREIGO and STR,plaintiffs allege their acts of infringement were and continue tobe willful and deliberate. ///

    10COMPLAINT FOR COPYRIGHT INFRINGEMENT

    PC-7:S:\Shared Data\PC7\BOB JAMES\INFRINGEMENT CASES\NAUTILUS\STONES THROW RECORDS\COMPLAINT.wpd

    Case 2:15-cv-02698-SVW-VBK Document 1 Filed 04/10/15 Page 10 of 12 Page ID #:10

  • 1 48. Defendant and each of them have infringed and will

    2 continue to infringe the U.S. copyrighted works of the composition

    3 "Nautilus," and the sound recording of "Nautilus" by distributing,

    4 performing, playing, selling and offering for sale the infringing

    5 work, "Sparkdala."

    6 49. Plaintiffs seek recovery of profits, income, and

    7 damages to the extent not duplicative, preliminary and permanent

    8 injunctive relief and attorney's fees and costs. 9 WHEREFORE, plaintiffs pray for:

    10 1. Damages and/or profits;

    11 2. In the alternative, Statutory Damages;

    12 3. For preliminary and permanent Injunctive Relief; 13 4. For attorney's fees and costs; and

    14 5. For whatever additional relief the Court may deem

    15 appropriate.

    16

    17 Respectfully submitted,

    18

    19 DATED: April 10, 2015 By:

    20

    21

    22

    23

    24

    25

    26

    27

    28

    11

    Allen Hyman LAW OFFICES OF ALLEN HYMAN Attorneys for Plaintiff KLING CORPORATION, INC.

    COMPLAINT FOR COPYRIGHT INFRINGEMENT PC-7:S:\Shared Data\PC7\BOB JAMES\INFRINGEMENT CASES\NAUTILUS\STONES THROW RECORDS\COMPLAINT.wpd

    Case 2:15-cv-02698-SVW-VBK Document 1 Filed 04/10/15 Page 11 of 12 Page ID #:11

  • 1 DEMAND FOR JURY TRIAL

    2 Pursuant to F . R . C . P . Rule 38, plaintiffs request a trial

    3 by jury. 4

    5

    6

    7

    8

    9

    10

    11

    12

    13

    14

    15

    16

    17

    18

    19

    20

    21

    22

    23

    24

    25

    26

    27

    28

    DATED: April 10, 2015

    Respectfully submitted,

    By:

    12

    LAW OFFICES OF ALLEN HYMAN Attorneys for Plaintiff KLING CORPORATION, INC .

    COMPLAINT FOR COPYRIGHT INFRINGEMENT PC-7:S:\Shared Data\PC7\BOB JAMES\INFRINGEMENT CASES\NAUTILUS\STONES THROW RECORDS\COMPLAINT.wpd

    Case 2:15-cv-02698-SVW-VBK Document 1 Filed 04/10/15 Page 12 of 12 Page ID #:12