JS 44C/SDNYREV. 4/2014

JUDGE MARRRQ W.CIVIL COVER SHEETThe JS-44 civil cover sheet and the inforTiation contained herein neither replace nor supplement the filingpleadings or other papers as required by law, exceptJudicial Conference ofthe United Statesin Septemi"initiating the civil docket sheet.

by local rules of court. This form, approvedrequired fpuisg qLthe Clerkof Court for the purpose of

igaVcMervfce^ 0[)itroved by the CV/^the purpose of

6510PLAINTIFFSSugarmusic S.p.A.

^

DEFENDANTSThe Saul Zaentz Company, Miramax Film NY, LLC

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER ATTORNEYS (IF KNOWN)Reitler Kailas & Rosenblatt LLC885 Third Avenue, 20th FloorNew York, NY 10022

CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE)(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

17 U.S.C. 106 for willful and continued infringement of plaintiffs copyright.

Has this action, case, or proceeding, or one essentially the same been previously filed in SDNY atany time? NoZlresIbudge Previously Assigned

If yes,wasthiscase Vol. Q Invol. Q Dismissed. No Q Yes Q If yes,give date &Case No.

IS THIS AN INTERNATIONAL ARBITRATION CASE? No 0 YeS [Zl(PLACE AN [x] IN ONE BOXONLY)

CONTRACT PERSONAL INJURY

[]110 INSURANCE [ J310 AIRPLANE[ ]120 MARINE [ ] 315 AIRPLANE PRODUCT[ 1130 MILLER ACT LIABILITY[ ]140 NEGOTIABLE [ ] 320 ASSAULT, LIBEL &

INSTRUMENT SLANDER[ 1150 RECOVERY OF [ J330 FEDERAL

OVERPAYMENT & EMPLOYERS'ENFORCEMENT LIABILITYOF JUDGMENT [ ] 340 MARINE

[ ]151 MEDICARE ACT [ ] 34S MARINE PRODUCT[ ]152 RECOVERY OF LIABILITY

DEFAULTED [ ] 350 MOTOR VEHICLESTUDENT LOANS [ ] 355 MOTOR VEHICLE(EXCL VETERANS) PRODUCT LIABILITY

1)153 RECOVERY OF [ ] 360 OTHER PERSONALOVERPAYMENT INJURYOF VETERAN'S [ ] 362 PERSONAL INJURY -BENEFITS MED MALPRACTICE

[ ]160 STOCKHOLDERSSUITS

[ ]190 OTHERCONTRACT

t 1195 CONTRACTPRODUCT ACTIONS UNDER STATUTESLIABILITY

[ ]196 FRANCHISE CIVIL RIGHTS

[ ] 440 OTHER CIVIL RIGHTSREAL PROPERTY

(Non-Prisoner)[ ]441 VOTING

1)210 LAND [ ]442 EMPLOYMENTCONDEMNATION [ ]443 HOUSING/

[ ]220 FORECLOSURE ACCOMMODATIONS[ ]230 RENT LEASE & [ ]445 AMERICANS WITH

EJECTMENT DISABILITIES -[ )240 TORTS TO LAND EMPLOYMENT[ )245 TORT PRODUCT [ ]446 AMERICANS WITH

LIABILITY DISABILITIES -OTHER[ ]290 ALL OTHER

REAL PROPERTY[ J448 EDUCATION

Checkif demanded in complaint:

CHECK IF THIS IS A CLASS ACTIONUNDER F.R.C.P. 23

DEMAND $ OTHER

Check YES onlyifdemanded incomplaintJURY DEMAND: H YES LNO

NATURE OF SUIT

PERSONAL INJURY[ ] 367 HEALTHCARE/PHARMACEUTICAL PERSONALINJURY/PRODUCT LIABILITY[ ] 365 PERSONAL INJURY

PRODUCT LIABILITY[ ] 368 ASBESTOS PERSONAL

INJURY PRODUCTLIABILITY

PERSONAL PROPERTY

[ ] 370 OTHER FRAUD[ 1371 TRUTH IN LENDING

FORFEITURE/PENALTY

[ ]625 DRUG RELATEDSEIZURE OF PROPERTY

21 USC 881[ 1690 OTHER

[ ] 380 OTHER PERSONALPROPERTY DAMAGE

[ ] 385 PROPERTY DAMAGEPRODUCT LIABILITY

PRISONER PETITIONS[ ] 463 ALIEN DETAINEE[ ] 510 MOTIONS TO

VACATE SENTENCE28 USC 2255

[ ] 530 HABEAS CORPUS[ ] 535 DEATH PENALTY[ ] 540 MANDAMUS & OTHER

LABOR

[ ]710 FAIR LABORSTANDARDS ACT

[ ]720 LABOR/MGMTRELATIONS

[ ]740 RAILWAY LABOR ACT[ J 751 FAMILY MEDICALLEAVE ACT (FMLA)[ J790 OTHER LABOR

LITIGATION[ ] 791 EMPL RET INC

SECURITY ACT

IMMIGRATION

[ ] 462 NATURALIZATIONAPPLICATION

[ ] 465 OTHER IMMIGRATIONACTIONS

PRISONER CIVIL RIGHTS

[ ] 550 CIVIL RIGHTS[ ] 555 PRISON CONDITION

] 560 CIVIL DETAINEECONDITIONS OF CONFINEMENT

ACTIONS UNDER STATUTES

BANKRUPTCY

[ ]422 APPEAL28 USC 158

[ ]423 WITHDRAWAL28 USC 157

PROPERTY RIGHTS

M 820 COPYRIGHTS[ ] 830 PATENT[ ] 840 TRADEMARK

SOCIAL SECURITY

[ ]861 HIA(1395ff)[ ]862 BLACK LUNG (923)[ ]863 DIWC/DIWW (405(g))[ ]864 SSID TITLE XVI[ ] 865 RSI (405(g))

FEDERAL TAX SUITS

[ ] 870 TAXES (U.S. Plaintiff orDefendant)

[ ]871 IRS-THIRD PARTY26 USC 7609

OTHER STATUTES

J1375f ]400I )4101)430[ 1450[ )460[ ]470

]4801490

FALSE CLAIMSSTATEREAPPORTIONMENT

ANTITRUSTBANKS & BANKINGCOMMERCEDEPORTATIONRACKETEER INFLUENCED & CORRUPTORGANIZATION ACT(RICO)CONSUMER CREDITCABLE/SATELLITE TV

] 850 SECURITIES/COMMODITIES/EXCHANGE

] 890 OTHER STATUTORYACTIONS

1 891 AGRICULTURAL ACTS

] 893 ENVIRONMENTALMATTERS

] 895 FREEDOM OFINFORMATION ACT

] 896 ARBITRATION] 899 ADMINISTRATIVEPROCEDURE ACT/REVIEW ORAPPEAL OF AGENCY DECISION

[ ] 950 CONSTITUTIONALITY OFSTATE STATUTES

QO YOU CUUM THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.?

JUDGE DOCKET NUMBER

NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32).

(PLACEANxINONEBOXONLY) ORIGINL*0 1 Original LJ2 Removed from L-I 3 Remanded Lj 4 Reinstated or QJ 5 Transferred from fj 6 Multidistrict fj 7 Appeal to District

Proceeding state Court from Reopened (Specify District) Litigation Judge from a. .Mpti.s reprinted Appellate . jSSSrt JUd8eI | b. At least one

party is pro se.

(PLACEAN x INONEBOXONLY) BASIS OF JURISDICTION IF DIVERSITY, INDICATE 1 U.S. PLAINTIFF 2 U.S. DEFENDANT [x] 3 FEDERAL QUESTION Q4 DIVERSITY CITIZENSHIP BELOW.

(U.S. NOT A PARTY)

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)(Place an [X] in one box for Plaintiff and one box for Defendant)

PTF DEF PTFDEF PTF DEFCITIZEN OF THIS STATE [ ] 1 [ ] 1 CITIZEN OR SUBJECT OF A [ ] 3 [ ] 3 INCORPORATED and PRINCIPAL PLACE [ ] 5 [ ] 5

FOREIGN COUNTRY OF BUSINESS IN ANOTHER STATE

CITIZENOF ANOTHER STATE []2 []2 INCORPORATED or PRINCIPAL PLACE []4[]4 FOREIGN NATION []6 []6OF BUSINESS IN THIS STATE

PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)Galleria del Corso 4, 20122 Milano

DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)The Saul Zaentz Company: 2600 Tenth Street, Berkeley, California 94710Miramax Film NY, LLC: 2540 Colorado Avenue, Suite 100E, Santa Monica, California 90404

DEFENDANT(S) ADDRESS UNKNOWNREPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN

RE9IBENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

Check one: THIS ACTION SHOULD BE ASSIGNED TO: WHITE PLAINS \x\ MANHATTAN(DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTSCOMPLAINT.)

DATE 8/12/2014 SJfitlATURE OF AT~K)RNE>>pF RECORD ADMITTED TO PRACTICE IN THIS DISTRICTV^aX qf- vSL ( //&C*^4>\ t ] N0\T-~4T*M>/ *-^-n V

JUDGE MARRERO

UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK

14 CV 6510-X

SUGARMUSIC S.p.A.

Plaintiff,

-against- COMPLAINT

THE SAUL ZAENTZ COMPANY and JURY TRIAL DEMANDEDMIRAMAX FILM NY, LLC

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Plaintiff Sugarmusic S.p.A. ("Sugarmusic"), by its attorneys, Reitler Kailas &

Rosenblatt LLC, avers as follows:

NATURE OF ACTION

1. Plaintiff Sugarmusic, based in Milan, Italy, publishes and administers

copyrights in musical compositions. Plaintiff seeks damages for willful copyright

infringement of one of its compositions by the defendants, The Saul Zaentz Company

("Zaentz") and Miramax Film NY, LLC ("Miramax")(Zaentz and Miramax are referred to

collectively hereafter as "Defendants"), in violation of the United States Copyright Act, 17

U.S.C. 101 et seq. (the "Copyright Act").

2. Defendants, without any authority to do so, copied and distributed

Plaintiffs copyrighted musical composition "E qui commando io" (the "Composition"),

attached hereto as Exhibit A, by incorporating the Composition, or a substantially similar

derivative work thereof, into the soundtrack of a feature film entitled "The English Patient"

(the "Film"), produced by defendant Zaentz and distributed by defendant Miramax, and by

reproducing and distributing copies of the Film incorporating the Composition, or by

authorizing third parties to do so.

3. Defendants have also publicly performed the Film or authorized others

to do so, without the authorization of Plaintiff.

4. Plaintiff seeks legal and equitable relief to remedy Defendants' willful

and continuing infringement of the Plaintiffs copyright. Plaintiff requests an order: (1)

declaring that Defendants' unauthorized copying, distribution and performance of the Film

willfully infringes plaintiffs copyright in violation of the Copyright Act; (2) prohibiting

Defendants from further infringement of the Plaintiffs copyright; and (3) awarding actual

damages and profits to the extent permitted under the Copyright Act.

JURISDICTION AND VENUE

5. This Court has subject matter jurisdiction over this action under the

copyright laws of the United States, 17 U.S.C. 101 et seq. and 28 U.S.C. 1331 and

1338.

6. Upon information and belief, this Court has personal jurisdiction over

the Defendants because Miramax and Zaentz have distributed and performed, and continue

to distribute and perform, the Film in New York and this District, or have authorized others

to do so, and are otherwise doing business in this State and in this jurisdiction.

7. Venue is proper in this District under 28 U.S.C. 1391(b), 28 U.S.C.

1391(c) and 28 U.S.C. 1400(a).

PARTIES

8. Plaintiff Sugarmusic S.p.A. is an Italian corporation with its principal

place ofbusiness at Galleria del Corso 4, 20122 Milano.

9. Upon information and belief, Defendant Miramax is a limited liability

company having a principal place ofbusiness at 2540 Colorado Avenue, Suite 100E, Santa

Monica, California.

10. Upon information and belief, Defendant Zaentz is a corporation having

a principal place of business at 2600 Tenth Street, Berkeley, California.

A. Ownership and Registration of Composition

11. Plaintiff is the copyright owner of the Composition, having acquired

the original publisher, Edizioni Suvini Zerboni S.p.A., by merger.

12. The Composition is an original work of authorship.

13. The Composition has been fixed in a tangible medium of expression.

14. The Composition contains substantial amounts of material created by

the authors' own skill, judgment and creativity.

15. The Composition is copyrightable under the laws of the United States.

16. The Composition was first published in Italy, which is party to both the

Berne Convention and the Universal Copyright Convention.

17. The Composition was not simultaneously published in the United

States, and therefore the Composition is not a "United States work" within the meaning of

the Copyright Act.

18. Because the Composition is not a "United States work" under the

Copyright Act, registration of copyright in the Composition is not a prerequisite to the

commencement of this action.

B. Infringement

19. The Composition is an original arrangement of a public domain

folksong from Italy (the "Folk Song"), attached as Exhibit B.

20. The Composition was published in Italy in 1971 by Sugarmusic's

predecessor in interest and has been widely distributed in print form.

21. Upon information and belief, Defendants had a reasonable opportunity

to view the published Composition prior to the making of the Film.

22. The original, public domain version of the Folk Song is not entitled "E

qui commando io" and in fact never uses these words.

23. The original, public domain version of the Folk Song is not in the

Italian language but in the dialect of the Lombardia region ofnorthern Italy.

24. The Folk Song is instead called "Quele stradele," and its chorus begins

"E, che l'e la me ca', che."

25. The Folk Song lyrics were not used in the Film.

26. Instead, the Film incorporates the Italian language lyrics verbatim from

the Composition, beginning "e qui commando io."

27. The performance of the above Italian-language lyrics occurs in a

synchronized, on-screen vocal performance lasting approximately 49 seconds.

28. The above-referenced lyrics were created by Italian arrangers

Salvatore Golino, Mario Piovanao and Domenico Umberto Seren Gay, who were hired by

Sugarmusic's predecessor in interest to create the Composition.

29. The Italian language lyrics in the Composition are not a literal

translation of the Lombardian lyrics.

30. The melody incorporated into the soundtrack of Defendant's Film

during the performance of the above-referenced lyrics is also substantially similar to

protectable, original elements of the melody of the Composition.

31. Sugarmusic has never collected any performing or mechanical rights

payments for the worldwide exploitation of the Composition in the Film because, on

information and belief, the Defendants did not include the Composition in the musical cue

sheet of the Film.

32. Promptly after becoming aware of Defendants's unauthorized use of

the Composition in the Film, Sugarmusic contacted Defendants and advised Defendants of

the unauthorized use and requested, inter alia, that the Defendants correct the cue sheet of

the Film to reflect the inclusion of the Composition.

33. Defendants refused to correct the cue sheet as requested, and instead

continued exploiting the Film in disregard of the rights of the Plaintiff.

34. Plaintiff has suffered, and continues to suffer, from the infringing

activities of Defendants.

COUNT ICOPYRIGHT INFRINGEMENT

35. Plaintiff repeats and reavers the allegations contained in paragraphs 1

through 30 as if set forth fully herein.

36. Defendants' unauthorized copying ofplaintiff s Composition into the

soundtrack of the Film, and subsequent public distribution and public performance of the

Film, were infringements of Plaintiff s copyright in violation of the Copyright Act, 17

U.S.C. 106.

37. As a direct and proximate result of the foregoing acts of the

Defendants, the Plaintiff has been damaged in an amount to be proved at trial.

WHEREFORE, the Plaintiff requests the following relief:

A. Actual damages and profits under 17 U.S.C. 504 in an amount to be

proved at trial;

B. A permanent injunction requiring the Defendants to cease and desist

from reproducing and distributing copies of the Film without authorization from the Plaintiff;

C. Such other and further relief as this Court deems just and proper.

Dated: New York, New YorkAugust j3, 2014

REITLER KAILAS &ROSENBLATT, LLCAttorneys for Plaintiff

K^^Ol^L ^By: ~#lobert W. Clarida

885 Third Avenue, 20th FloorNew York, NY 10022Tel. (212) 209-3044

EXHIBIT A

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198

E QUI COMANDO IOSTRUMENTI in DO

Elaborazione diM. PIOVANO - S. GOLINO - D. SEREN GAY

Alia mazurkabrillante

Programmare:

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148. E QUI COMANDO IOElaborazione di M. PIOVANQ :S. GOLINO - D. SEREN GAY

Quelle stradelle che tu mi fai farcara Rasinacara Rosinaquelle stradelle che tu mi fai farcara Rosina le devi pagar.

E qui comando ioe questa e casa miaogni di voglio sapereogni di voglio sapere...E qui comando ioe questa e casa miaogni di voglio sapere chi viene e chi va.

Devi pagarle con sangue e dolorfinche la lunafinche la lunadevi pagarle con sangue e dolor.finche la luna la cambia i color.

E qui comando ioe questa e casa miaogni di voglio sapereogni di voglio sapere...E qui comando ioe questa e casa miaogni di voglio sapere chi viene e chi va.

Quando la luna la cambia i colorvieni ch'e I'oravieni ch'e I'oraquando la luna la cambia i colorvieni ch'e I'ora di fare I'amor.

E qui comando ioe questa e casa miaogni di voglio sapereogni di voglio sapere...E qui comando ioe questa e casa miaogni di voglio sapere chi viene e chi va.E qui comando ioe questa e casa miaogni di voglio sapereogni di voglio sapere...E qui comando ioe questa e casa miaogni di voglio sapere chi viene e chi va.

EXHIBIT B

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