IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JANYCE TILMON-JONES, individually and in her capacity as personal representative of the Estate of Abrim Tilmon, Jr.; CATHERINE M. CARTWRIGHT, an individual resident of the state of Michigan; STEVEN M. TILMON, an individual resident of the state of Indiana; GLOBAL ROYALTY NETWORK & PUBLISHING, a Gibraltar Corporation, Plaintiffs, v. BRIDGEPORT MUSIC, INC., a Michigan corporation; SOUTHFIELD MUSIC, INC., a Michigan corporation; WESTBOUND RECORDS, INC., a Michigan corporation; NINE RECORDS, INC., a Michigan corporation; SYNC2PICTURE, LLC; a Michigan limited liability company; and ARMEN BOLADIAN, an individual resident of the state of Michigan, Defendants.
Civil Action No. Honorable Magistrate Demand For Jury Trial
COMPLAINT
Plaintiffs Janyce Tilmon-Jones, Catherine M. Cartwright, Steven M. Tilmon, and Global
Royalty Network & Publishing, by and through their attorneys, Dobrusin & Thennisch PC and
Gregory J. Reed & Associates PC, hereby complain against Defendants Bridgeport Music, Inc.,
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 1 of 70 Pg ID 1
2
Southfield Music, Inc., Westbound Records, Inc., Nine Records, Inc., and Armen Boladian,
jointly and severally, as follows:
NATURE OF THE ACTION
1. Plaintiffs bring this lawsuit to seek redress and put an end to Defendants’ years-
long and continuing pattern of unprecedented wrongful conduct, intended to enrich themselves
by, among other things, unlawfully, falsely, and fraudulently claiming ownership of the renewal
term copyrights in certain musical works authored, at least in part, by legendary songwriter,
recording artist, and producer Abrim Tilmon, Jr. (“Abrim Tilmon”). This action, among other
things, seeks a declaration of ownership of the quintessential musical works authored by Abrim
Tilmon and recovery of the substantial damages that Plaintiffs have suffered at Defendants’
hands.
2. From the late 1960s until his untimely death on July 6, 1982, Abrim Tilmon led a
distinguished musical career as a songwriter, recording artist, and producer, perhaps most-widely
known and revered for his work with a musical group, more commonly known as the “Detroit
Emeralds.” In the ensuing years, Abrim Tilmon’s legacy has been preserved through the musical
works that he contributed his creative talents to. Plaintiffs are successors-in-interest to all of the
intellectual property and contract rights of Abrim Tilmon, including rights stemming from
various Abrim Tilmon musical works that were originally copyrighted and/or published prior to
January 1, 1978, during the most prolific period of Abrim Tilmon’s short career.
3. Defendants have unlawfully, falsely, and fraudulently laid claim to ownership of
Abrim Tilmon musical works that were originally copyrighted and/or published prior to January
1, 1978. As more fully detailed herein, under the U.S. Copyright Act, ownership of the renewal
term copyrights in these musical works automatically vested in the Estate of Abrim Tilmon after
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 2 of 70 Pg ID 2
3
the initial 28-year-term of copyright expired. Thus, Defendants have wrongfully claimed
unilateral ownership of, and continue to exploit as the purported copyright owner, each pre-1978
Abrim Tilmon musical work, even though copyrights in these musical works have reverted, as a
matter of law, to the Estate of Abrim Tilmon. Accordingly, Plaintiffs are entitled to a
declaratory judgment that they, not Defendants, are the owners of the renewal term copyrights in
these musical works, as well as an order compelling Defendants to reconvey Plaintiffs these
copyrights, to disgorge all profits wrongfully collected as purported copyright owner during the
renewal term, and to immediately cease and desist their exploitation of these musical works as
the purported copyright owner.
4. Further, as set forth above and as more fully detailed herein, under the U.S.
Copyright Act, ownership of the renewal term copyrights in each musical work complained of
herein automatically vested in the Estate of Abrim Tilmon. Defendants continued exploitation of
these musical works as the purported copyright owner during the renewal term has interfered
with Plaintiffs’ exclusive rights in and to such musical works under the U.S. Copyright Act.
5. Still further, in an added attempt to enrich itself at Plaintiffs’ expense, Defendants
have obtained certain U.S. Copyright Registrations pertaining to Abrim Tilmon musical works as
a result of both willful misstatements made to the U.S. Copyright Office by Defendants, or their
agents, as well as the intentional failure to provide the Copyright Office with material facts that,
had they been known, would have precluded the issuance of such U.S. Copyright Registrations.
Thus, Plaintiffs are entitled to a declaratory judgment that such U.S. Copyright Registrations are
invalid.
6. While Plaintiffs and their counsel have expended an extraordinary amount of
resources to identify and substantiate each and every musical work authored, at least in part, by
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 3 of 70 Pg ID 3
4
Abrim Tilmon with U.S. Copyright Office Records, this complaint pertains to each and every
musical work known to Plaintiffs that Defendants have unlawfully, falsely, and fraudulently
claimed an ownership in. A complete listing of the musical works known to Plaintiffs to which
this action pertains is attached hereto as Exhibit 1 and will be collectively referred to herein as
the “ABRIM TILMON CATALOG.”
THE PARTIES
7. Plaintiff Janyce Tilmon-Jones (“Mrs. Tilmon”) is an individual resident of the
state of Michigan who resides within this judicial district. Mrs. Tilmon is the widow and lawful
heir of Abrim Tilmon.
8. Plaintiff Catherine M. Cartwright (“Mrs. Cartwright”) is an individual resident of
the state of Michigan who resides within this judicial district. Mrs. Cartwright is the daughter
and lawful heir of Abrim Tilmon.
9. Plaintiff Steven M. Tilmon (“Mr. Tilmon”) is an individual resident of the state of
Indiana. Mr. Tilmon is the son and lawful heir of Abrim Tilmon.
10. Plaintiff Global Royalty Network & Publishing, Ltd (“Global Royalty”) is a
company organized under the laws of Gibraltar having an address at Suite 4, 10th Floor (Box
516), 2a Main Street in Gibraltar, Gibraltar. Global Royalty engages in, among other things, the
business of music publishing and otherwise commercially exploiting musical work and sound
recording copyrights, including certain copyrights in and to musical works authored by Abrim
Tilmon.
11. Upon information and belief, Defendant Bridgeport Music, Inc. (“Bridgeport
Music”) is a corporation incorporated under the laws of the state of Michigan having an address
at 18500 W. Ten Mile Road in Southfield, Michigan 48075. Upon information and belief,
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 4 of 70 Pg ID 4
5
Bridgeport Music engages in, among other things, the business of music publishing and
otherwise commercially exploiting musical work copyrights.
12. Upon information and belief, Defendant Southfield Music, Inc. (“Southfield
Music”) is a corporation incorporated under the laws of the state of Michigan having an address
at 18500 W. Ten Mile Road in Southfield, Michigan 48075. Upon information and belief,
Southfield Music engages in, among other things, the business of music publishing and
otherwise commercially exploiting musical work copyrights.
13. Upon information and belief, Defendant Westbound Records, Inc. (“Westbound
Records”) is a corporation incorporated under the laws of the state of Michigan having an
address at 18500 W. Ten Mile Road in Southfield, Michigan 48075. Upon information and
belief, Westbound Records engages in, among other things, the business of recording,
distributing, and otherwise commercially exploiting sound recordings.
14. Upon information and belief Defendant Nine Records, Inc. (“Nine Records”) is a
corporation incorporated under the laws of the state of Michigan having an address at 18500 W.
Ten Mile Road in Southfield, Michigan 48075. Upon information and belief, Nine Records
engages in, among other things, the business of recording, distributing, and otherwise
commercially exploiting sound recordings.
15. Upon information and belief, Defendant Sync2Picture, LLC (“Sync2Picture”) is a
limited liability company organized under the laws of the state of Michigan having an address at
1525 E. Nine Mile Road in Ferndale, Michigan 48220. Upon information and belief,
Sync2Picture engages in, among other things, the business of recording, distributing, and
otherwise commercially exploiting sound recordings.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 5 of 70 Pg ID 5
6
16. Upon information and belief, Defendant Armen Boladian (“Mr. Boladian”) is the
president and resident agent of Bridgeport Music, Southfield Music, Westbound Records, and
Nine Records as well as an individual resident of the state of Michigan who resides within this
judicial district.
JURISDICTION AND VENUE
17. This Court has jurisdiction over this case under the Declaratory Judgment Act, 28
U.S.C. § 2201 et seq., the U.S. Copyright Act, 17 U.S.C. § 101 et seq. as well as 28 U.S.C. §
1331, 28 U.S.C. § 1338(a) and (b), and the doctrine of supplemental jurisdiction, 28 U.S.C. §
1367.
18. Venue is proper in this case under 28 U.S.C. § 1391(b) and (c) as well as 28
U.S.C. § 1400(a).
19. This Court has personal jurisdiction over Defendants, in that the acts of
infringement complained of herein have occurred in this judicial district. Further, Defendants
are incorporated under the laws of the state of Michigan, regularly conduct business in this
judicial district, have a principal place of business in this judicial district, and have caused injury
to Plaintiff’s property which lies in this judicial district.
FACTUAL BACKGROUND
20. On July 6, 1982, Abrim Tilmon passed away at his home in Southfield, Michigan
at the age of thirty-seven, leaving lawful heirs consisting of Mrs. Tilmon and their two children,
Mrs. Cartwright and Mr. Tilmon, who are all heirs of the Estate of Abrim Tilmon and are
collectively referred to herein as the same. A copy of Abrim Tilmon’s State of Michigan
Certificate of Death is attached hereto as Exhibit 2.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 6 of 70 Pg ID 6
7
21. Prior to his passing, as mentioned above, Abrim Tilmon was a prolific songwriter,
recording artist, and producer, commonly associated with the musical genres of funk and soul.
More particularly, Abrim Tilmon is perhaps most famously known for his work as a founding
member and lead singer for the musical group, more commonly known as the “Detroit
Emeralds.” Additionally, and significantly, Abrim Tilmon wrote, at least in part, the majority of
songs of which the “Detroit Emeralds” performed. Among other recording companies, labels,
and publishers in the relevant music industry, Abrim Tilmon was an active songwriter, recording
artist, and producer for at least Defendant Bridgeport Music, Defendant Southfield Music, and
Defendant Westbound Records, all three of which were and, to-date, are owned by Defendant
Armen Boladian.
22. More particularly, Abrim Tilmon, as a songwriter, and Defendant Bridgeport
Music and Defendant Southfield Music, as publishers, entered into various “Songwriter’s
Agreements” relating to numerous musical works composed, at least in part, by Abrim Tilmon.
A representative sample of the aforementioned “Songwriter’s Agreements” are attached hereto
as Exhibit 3. In accordance with such “Songwriter’s Agreements,” Defendant Bridgeport Music
and Defendant Southfield Music registered certain musical works authored, at least in part, by
Abrim Tilmon with the U.S. Copyright Office.
23. Thereafter, on March 31, 1976, Abrim Tilmon entered into a separate agreement
with Bridgeport Music wherein Abrim Tilmon, as the songwriter of numerous musical works
that are enumerated in the schedule to the Agreement, assigned his interest in and to such
compositions to Bridgeport Music for the sum of $4,000.00. A copy of the March 31, 1976
Agreement is shown hereto as Exhibit 4.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 7 of 70 Pg ID 7
8
24. On December 17, 1980, Abrim Tilmon entered into an additional agreement with
Bridgeport Music wherein Abrim Tilmon, as the songwriter of numerous musical works that are
enumerated in the schedule to the Agreement, assigned his interest in and to such compositions
to Bridgeport Music for the sum of $1,500.00. A copy of the December 17, 1980 Agreement is
shown hereto as Exhibit 5.
25. Thereafter, on July 6, 1982, Abrim Tilmon passed away at the age of 37 in
Southfield, Michigan. Defendant Mr. Boladian personally attended the funeral service for
Abrim Tilmon that was held on July 14, 1982. In short, there is no doubt that Defendants had
actual knowledge of Abrim Tilmon’s passing.
26. As set forth previously, Plaintiffs bring this lawsuit seeking a declaration of
ownership of the quintessential musical works authored by Abrim Tilmon and the recovery of
the substantial damages that Plaintiffs have suffered at Defendants hands.
27. Each of the musical works complained of herein were first registered with U.S.
Copyright Office by Bridgeport Music or Southfield Music prior to January 1, 1978 under the
then-existing provisions of the Copyright Act of 1909 (“1909 Act”).
28. The 1909 Act has been superseded and amended by the Copyright Act of 1976
(“Copyright Act”), which provides that the copyright to any work copyrighted prior to January 1,
1978, endures until December 31 of the twenty-eighth year from the date that the copyright was
originally secured.
29. Once the twenty-eight year copyright period has expired, the copyright will be
renewed for a term of sixty-seven years either by registration or, in the absence of registration,
automatically.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 8 of 70 Pg ID 8
9
30. If the author is deceased at the time of renewal but is survived by a spouse and/or
children, the renewal copyright automatically vests in the surviving spouse and/or children.
31. Each of the musical works complained of herein entered their renewal term well
subsequent to Abrim Tilmon’s passing on July 6, 1982.
32. Therefore, each of the musical works complained of herein automatically vested
in the Estate of Abrim Tilmon as of the commencement of the renewal period of such musical
works.
33. Notwithstanding, Defendants’ unlawfully, falsely, and fraudulently claimed and
continue to claim ownership to the renewal term of the musical works complained of herein by,
among other things, renewing each of the musical works complained of herein with the U.S.
Copyright Office. Defendants’ fraudulent and unlawful conduct can only be exemplified by
listing each musical work individually in this complaint.
34. Upon information and belief, Defendants have no right, by contract, or otherwise,
to the renewed copyrights, or revenues derived from the exploitation of the renewed copyrights,
pertaining to the musical works complained of herein.
35. Upon information and belief, Defendants, as a result of their unlawful and
fraudulent conduct, have obtained certain monetary and non-monetary benefits, from their
unlawful exploitation of the musical works complained of herein.
36. Upon information and belief, Defendants, as a result of their unlawful and
fraudulent conduct, have asserted rights in and to the musical works complained of herein
against third parties. Upon information and belief, Defendants have derived certain monetary
and non-monetary benefits from the assertion of such rights against various third parties
including, but not limited to, pre-litigation and litigation settlements as well as court-ordered
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 9 of 70 Pg ID 9
10
judgments. Indeed, on May 4, 2001, it is these very same Defendants that launched nearly 500
counts of copyright infringement against more than 800 artists and labels in the landmark lawsuit
brought in the United States District Court for the Middle District of Tennessee. Unbeknownst
to the Defendants and the Court there, Defendants brought the lawsuit with many works,
including at least two (2) of Abrim Tilmon, that had reverted, as a matter of law, to the author’s
statutory heirs.
37. The Plaintiffs have acted, throughout all relevant time periods, in good faith and
without deceptive intent to investigate and address this matter and only became aware of this
infringing, unlawful, and fraudulent activity by the Defendants on October 14, 2009 based upon
a physical and in-person search of copyright filings literally in the basement of the U.S.
Copyright Office located on Independence Avenue in Washington, DC.
THE MUSICAL WORKS
38. While Plaintiff and her counsel have expended an extraordinary amount of
resources to identify and substantiate each and every musical work authored at least in part by
Abrim Tilmon with U.S. Copyright Office Records, this complaint pertains to each and every
musical work that Defendants have unlawfully, falsely, and fraudulently claimed an ownership
in. A complete listing of the musical works to which this action pertains is attached hereto as
Exhibit 1 and will be collectively referred to herein as the “ABRIM TILMON CATALOG.”
With this said, below is a listing of musical works that Plaintiff and her counsel have been able
to identify and substantiate utilizing U.S. Copyright Office records.
ADMIT YOUR LOVE IS GONE
39. The ADMIT YOUR LOVE IS GONE musical work was authored by Abrim
Tilmon, Sam Beatty, and Tom Graczyk and first published in 1971.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 10 of 70 Pg ID 10
11
40. On July 1, 1971, Bridgeport Music, as the copyright claimant, or its agents, filed a
copyright application for the ADMIT YOUR LOVE IS GONE musical work with the U.S.
Copyright Office. This copyright application was granted and issued as EU 268849 at Exhibit 6
hereto.
41. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the ADMIT YOUR LOVE IS GONE musical work automatically
vested in the Estate of Abrim Tilmon.
42. Notwithstanding, on January 1, 1999, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal
application in the name of Abrim Tilmon for the ADMIT YOUR LOVE IS GONE musical work
with the U.S. Copyright Office. This renewal application was granted on January 4, 1999, and
issued as RE 814-542 at Exhibit 7 hereto.
43. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the “duly authorized agent” of Abrim Tilmon and that Abrim Tilmon
maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though
Mr. Tilmon had been deceased since July 6, 1982, and has been continuously interred in the state
of Michigan since shortly after his death.
BABY LET ME TAKE YOU (IN MY ARMS)
44. The BABY LET ME TAKE YOU (IN MY ARMS) musical work was authored
by Abrim Tilmon and first published in 1972.
45. On March 20, 1972, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the BABY LET ME TAKE YOU (IN MY ARMS) musical work
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 11 of 70 Pg ID 11
12
with the U.S. Copyright Office. This copyright application was granted and issued as EU
322969 at Exhibit 8 hereto.
46. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the BABY LET ME TAKE YOU (IN MY ARMS) musical work
automatically vested in the Estate of Abrim Tilmon.
47. Notwithstanding, on February 13, 2004, Bridgeport Music, or its agents,
unilaterally, and without any permission, license or consent from the Estate of Abrim Tilmon
filed a renewal application in the name of Mrs. Tilmon for the BABY LET ME TAKE YOU (IN
MY ARMS) musical work with the U.S. Copyright Office. This renewal application was
granted on February 18, 2004 and issued as RE 898-053 at Exhibit 9 hereto.
48. Most notably, Bridgeport Music represented to the U.S. Copyright Office that it
was the “duly authorized agent” of Mrs. Tilmon and that Mrs. Tilmon maintained an address at
29 Church Street, Suite 3, Burlington, VT 05401 even though no such agency relationship ever
existed and Mrs. Tilmon has never resided or otherwise maintained a residential address at any
location in the state of Vermont.
49. Further, on March 6, 1998, Bridgeport Music, or its agents, filed an additional and
separate copyright application for the BABY LET ME TAKE YOU (IN MY ARMS) musical
work with the U.S. Copyright Office that dubiously claims to be a new version and arrangement.
The application lists Abrim Tilmon as the author of the words and music and Bridgeport Music
as the author of the arrangement. Further, the application recites January 1, 1978 as the date of
first publication. This application was granted on March 11, 1998 and issued as PA 1-322-687 at
Exhibit 10 hereto.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 12 of 70 Pg ID 12
13
50. Upon information and belief, Bridgeport Music, or its agents, calculatedly
provided a false date of first publication to the U.S. Copyright Office for the musical work
embodied in the PA 1-322-687 registration at Exhibit 10.
51. Upon information and belief, Bridgeport Music, or its agents, calculatedly elected
to leave section 2a of the PA 1-322-687 registration at Exhibit 10 blank, which explicitly
requests Abrim Tilmon’s year of death.
52. Still further, on June 29, 1999, Bridgeport Music, or its agents, filed yet another
additional and separate copyright application for the BABY LET ME TAKE YOU (IN MY
ARMS) musical work with the U.S. Copyright Office. The application lists Abrim Tilmon as the
author of the words, music, and arrangement and recites January 1, 1978 as the date of first
publication. The application was granted on June 30, 1999 and issued as PA 1-031-216 at
Exhibit 11 hereto.
53. Upon information and belief, Bridgeport Music, or its agents, calculatedly
provided a false date of first publication to the U.S. Copyright Office for the musical work
embodied in the PA 1-031-216 registration at Exhibit 11.
54. Upon information and belief, Bridgeport Music, or its agents, calculatedly elected
to leave section 2a of the PA 1-031-216 registration at Exhibit 11 blank, which explicitly
requests Abrim Tilmon’s year of death.
DO ME RIGHT
55. The DO ME RIGHT musical work was authored by Abrim Tilmon and James
Mitchell and first published in 1971.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 13 of 70 Pg ID 13
14
56. On May 28, 1971, Bridgeport Music, as the copyright claimant, or its agents, filed
a copyright application for the DO ME RIGHT musical work with the U.S. Copyright Office.
This copyright application was granted and issued as EU255827 at Exhibit 12 hereto.
57. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the DO ME RIGHT musical work automatically vested in the
Estate of Abrim Tilmon.
58. Notwithstanding, on January 1, 1999, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal
application in the name of Abrim Tilmon for the DO ME RIGHT musical work with the U.S.
Copyright Office. This renewal application was granted on January 4, 1999 and issued as RE
814-514 at Exhibit 13 hereto.
59. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the “duly authorized agent” of Abrim Tilmon and that Abrim Tilmon
maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though
Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state
of Michigan since shortly after his death.
60. Further, on March 6, 1998, Bridgeport Music, or its agents, filed an additional and
separate copyright application for the DO ME RIGHT musical work with the U.S. Copyright
Office that dubiously claims to be a new version and arrangement. The application lists Abrim
Tilmon and James Mitchell as the author of the words and music and Bridgeport Music as the
author of the arrangement. Further, the application recites January 1, 1978 as the date of first
publication. The application was granted on March 11, 1998 and issued as PA 1-322-670 at
Exhibit 14 hereto.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 14 of 70 Pg ID 14
15
61. Upon information and belief, Bridgeport Music, or its agents, calculatedly
provided a false date of first publication to the U.S. Copyright Office for the musical work
embodied in the PA 1-322-670 registration at Exhibit 14.
62. Upon information and belief, Bridgeport Music, or its agents, calculatedly elected
to leave section 2a of the PA 1-322-670 registration at Exhibit 14 blank, which explicitly
requests Abrim Tilmon’s year of death.
FEEL THE NEED a/k/a FEEL THE NEED IN ME
63. The FEEL THE NEED a/k/a FEEL THE NEED IN ME (“FEEL THE NEED”)
musical work was authored by Abrim Tilmon and first published in 1972.
64. On January 28, 1972, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the FEEL THE NEED musical work with the U.S. Copyright
Office. This copyright application was granted and issued as EU306693 at Exhibit 15 hereto.
65. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the FEEL THE NEED musical work automatically vested in the
Estate of Abrim Tilmon.
66. Notwithstanding, on February 13, 2004, Bridgeport Music, or its agents,
unilaterally, and without any permission, license or consent from the Estate of Abrim Tilmon
filed a renewal application in the name of Abrim Tilmon for the FEEL THE NEED musical work
with the U.S. Copyright Office. This renewal application was granted on February 18, 2004 and
issued as RE 896-046 at Exhibit 16 hereto.
67. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the “duly authorized agent” of Mrs. Tilmon and that Mrs. Tilmon maintained
an address at 29 Church Street, Suite 3, Burlington, VT 05401 even though no such agency
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 15 of 70 Pg ID 15
16
relationship ever existed and Mrs. Tilmon has never resided or otherwise maintained a residential
address at any location in the state of Vermont.
68. Further, on March 6, 1998, Bridgeport Music, or its agents, filed an additional and
separate copyright application for the FEEL THE NEED musical work with the U.S. Copyright
Office that dubiously claims to be a new version and arrangement. The application lists Abrim
Tilmon as the author of the words and music and Bridgeport Music as the author of the
arrangement. Further, the application recites January 1, 1978 as the date of first publication.
The application was granted on March 11, 1998 and issued as PA 1-322-689 at Exhibit 17
hereto.
69. Upon information and belief, Bridgeport Music, or its agents, calculatedly
provided a false date of first publication to the U.S. Copyright Office for the musical work
embodied in the PA 1-322-689 registration at Exhibit 17.
70. Upon information and belief, Bridgeport Music, or its agents, calculatedly elected
to leave section 2a of the PA 1-322-689 registration at Exhibit 17 blank, which explicitly
requests Abrim Tilmon’s year of death.
71. Still further, on June 28, 1999, Bridgeport Music, or its agents, filed yet another
additional and separate copyright application for the FEEL THE NEED musical work with the
U.S. Copyright Office. The application lists Abrim Tilmon as the author of the words, music,
and arrangement and recites January 1, 1978 as the date of first publication. The application
was granted on June 29, 1999 and issued as PA 964-956 at Exhibit 18 hereto.
72. Upon information and belief, Bridgeport Music, or its agents, calculatedly
provided a false date of first publication to the U.S. Copyright Office for the musical work
embodied in the PA 964-956 registration at Exhibit 18.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 16 of 70 Pg ID 16
17
73. Upon information and belief, Bridgeport Music, or its agents, calculatedly elected
to leave section 2a of the PA 964-956 registration at Exhibit 18 blank, which explicitly requests
Abrim Tilmon’s year of death.
74. On September 14, 2006 Mrs. Tilmon instituted an action against Bridgeport
Music and Mr. Boladian in the United States District Court, for the Eastern District of Michigan
that came to be styled as Tilmon-Jones v. Boladian et al., Civil Action No. 5:06-cv-14048
(“District Court Action”) based upon certain legal and royalty issues involving two (2) discrete
musical works, including FEEL THE NEED.
75. On September 6, 2007, the District Court there entered a Consent Order of
Settlement wherein it was ordered and adjudged that the Estate of Abrim Tilmon shall receive
100% of the copyright of the musical composition FEEL THE NEED as embodied in RE 896-
046 at Exhibit 16 hereto. A copy of the Consent Order of Settlement that resolved the District
Court Action is attached hereto as Exhibit 19.
76. Upon information and belief, Bridgeport Music and Mr. Boladian failed to
disclose the PA 1-322-689 registration at Exhibit 17 and the PA 964-956 registration at Exhibit
18 in the District Court Action. Plaintiffs’ undersigned counsel has attempted on numerous
occasions to have Defendants’ assign the PA registrations at Exhibit 17 and Exhibit 18 for FEEL
THE NEED without judicial intervention. Defendants have refused to do so each time.
77. Moreover, despite the Consent Order of Settlement, have continued to
commercially exploit the FEEL THE NEED musical work. Indeed, as shown hereto at Exhibit
20, Defendants have released, sold, and continue to offer for sale a compilation compact disc
entitled The Original Eight Mile – Westbound Records: 40th Anniversary, which explicitly lists
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 17 of 70 Pg ID 17
18
FEEL THE NEED as track five. Upon information and belief, Defendants have commercially
exploited FEEL THE NEED in other manners besides in the above-described compact disc.
GIRL YOU THRILL ME
78. The GIRL YOU THRILL ME musical work was authored by Abrim Tilmon and
first published in 1974.
79. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the GIRL YOU THRILL ME musical work automatically vested
in the Estate of Abrim Tilmon.
80. Notwithstanding, on October 15, 1992, Bridgeport Music, or its agents, filed a
copyright application for the GIRL YOU THRILL ME musical work with the U.S. Copyright
Office. The application lists Abrim Tilmon as the author of the words, music, and arrangement
and J. Allen as an additional author of the arrangement. Further, the application recites January
1, 1978 as the date of first publication. This application was granted on November 17, 1992 and
issued as PA 592-594 at Exhibit 21 hereto
81. Upon information and belief, Bridgeport Music, or its agents, calculatedly
provided a false date of first publication to the U.S. Copyright Office for the musical work
embodied in the PA 592-594 registration at Exhibit 21.
82. Upon information and belief, Bridgeport Music, or its agents, calculatedly elected
to leave section 2a of the PA 592-594 registration at Exhibit 21 blank, which explicitly requests
Abrim Tilmon’s year of death.
HEAVEN COULDN’T BE LIKE THIS
83. The HEAVEN COULDN’T BE LIKE THIS musical work was authored by
Abrim Tilmon and first published in 1973.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 18 of 70 Pg ID 18
19
84. On September 27, 1973, Bridgeport Music, as the copyright claimant, or its
agents, filed a copyright application for the HEAVEN COULDN’T BE LIKE THIS musical
work with the U.S. Copyright Office. This copyright application was granted and issued as EU
436120 at Exhibit 22 hereto.
85. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the HEAVEN COULDN’T BE LIKE THIS musical work
automatically vested in the Estate of Abrim Tilmon.
86. Notwithstanding, on January 1, 2001, Defendant Bridgeport Music, or its agents,
unilaterally, and without any permission, license or consent from the Estate of Abrim Tilmon
filed a renewal application in the name of Abrim Tilmon for the HEAVEN COULDN’T BE
LIKE THIS musical work with the U.S. Copyright Office. This renewal application was granted
on January 2, 2001 and issued as RE 836-629 at Exhibit 23 hereto.
87. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the “duly authorized agent” of Abrim Tilmon and that Abrim Tilmon
maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though
Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state
of Michigan since shortly after his death.
88. Further, on March 6, 1998, Bridgeport Music, or its agents, filed an additional and
separate copyright application for the HEAVEN COULDN’T BE LIKE THIS musical work with
the U.S. Copyright Office that dubiously claims to be a new version, new arrangement. The
application lists Abrim Tilmon as the author of the words and music and Bridgeport Music as the
author of the arrangement. Further, the application recites January 1, 1978 as the date of first
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 19 of 70 Pg ID 19
20
publication. This application was granted on March 11, 1998 and issued as PA 1-322-675 at
Exhibit 24 hereto.
89. Upon information and belief, Bridgeport Music, or its agents, calculatedly
provided a false date of first publication to the U.S. Copyright Office for the musical work
embodied in the PA 1-322-675 registration at Exhibit 24.
90. Upon information and belief, Bridgeport Music, or its agents, calculatedly elected
to leave section 2a of the PA 1-322-675 registration at Exhibit 24 blank, which explicitly
requests Abrim Tilmon’s year of death.
I BET YOU GET THE ONE (WHO LOVES YOU)
91. The I BET YOU GET THE ONE (WHO LOVES YOU) musical work was
authored by Abrim Tilmon and James Mitchell and first published in 1972.
92. On November 23, 1970, Bridgeport Music, as the copyright claimant, or its
agents, filed a copyright application for the I BET YOU GET THE ONE (WHO LOVES YOU)
musical work with the U.S. Copyright Office. This copyright application was granted and issued
as EU 219737 at Exhibit 25 hereto.
93. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the I BET YOU GET THE ONE (WHO LOVES YOU) musical
work automatically vested in the Estate of Abrim Tilmon.
94. Notwithstanding, on February 13, 2004 Bridgeport Music, or its agents,
unilaterally, and without any permission, license or consent from the Estate of Abrim Tilmon
filed a renewal application in the name of Mrs. Tilmon for the I BET YOU GET THE ONE
(WHO LOVES YOU) musical work with the U.S. Copyright Office. This renewal application
was granted on February 18, 2004 and issued as RE 898-042 at Exhibit 26 hereto.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 20 of 70 Pg ID 20
21
95. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the “duly authorized agent” of Mrs. Tilmon and that Mrs. Tilmon maintained
an address at 29 Church Street, Suite 3, Burlington, VT 05401 even though no such agency
relationship ever existed and Mrs. Tilmon has never resided or otherwise maintained a residential
address at any location in the state of Vermont.
96. Further, on March 6, 1998, Bridgeport Music, or its agents, filed an additional and
separate copyright application for the I BET YOU GET THE ONE (WHO LOVES YOU)
musical work with the U.S. Copyright Office that dubiously claims to be a new version and
arrangement. The application lists Abrim Tilmon and James Mitchell as the author of the words
and music and Bridgeport Music as the author of the arrangement. Further, the application
recites January 1, 1978 as the date of first publication. This application was granted on March
11, 1998 and issued as PA 1-322-686 at Exhibit 27 hereto.
97. Upon information and belief, Bridgeport Music, or its agents, calculatedly
provided a false date of first publication to the U.S. Copyright Office for the musical work
embodied in the PA 1-322-686 registration at Exhibit 27.
98. Upon information and belief, Bridgeport Music, or its agents, calculatedly elected
to leave section 2a of the PA 1-322-687 registration at Exhibit 27 blank, which explicitly
requests Abrim Tilmon’s year of death.
I GAVE YOU TOO MUCH LOVE
99. The I GAVE YOU TOO MUCH LOVE musical work was authored by Abrim
Tilmon and first published in 1973.
100. On September 27, 1973, Bridgeport Music, as the copyright claimant, or its
agents, filed a copyright application for the I GAVE YOU TOO MUCH LOVE musical work
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 21 of 70 Pg ID 21
22
with the U.S. Copyright Office. This copyright application was granted and issued as EU
436119 at Exhibit 28 hereto.
101. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the I GAVE YOU TOO MUCH LOVE musical work
automatically vested in the Estate of Abrim Tilmon.
102. Notwithstanding, on January 1, 2001, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal
application in the name of Abrim Tilmon for the I GAVE YOU TOO MUCH LOVE musical
work with the U.S. Copyright Office. This renewal application was granted on January 2, 2001
and issued as RE 836-628 at Exhibit 29 hereto.
103. Most notably, Bridgeport Music represented to the U.S. Copyright Office that it
was the “duly authorized agent” of Abrim Tilmon and that Abrim Tilmon maintained an address
at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though Mr. Tilmon had been
deceased since July 6, 1982 and has been continuously interred in the state of Michigan since
shortly after his death.
I LOVE TO DREAM
104. The I LOVE TO DREAM musical work was authored by Abrim Tilmon and first
published in 1974.
105. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the I LOVE TO DREAM musical work automatically vested in
the Estate of Abrim Tilmon.
106. Notwithstanding, on October 16, 1992, Bridgeport Music, or its agents, filed a
copyright application for the I LOVE TO DREAM musical work with the U.S. Copyright Office.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 22 of 70 Pg ID 22
23
The application lists Abrim Tilmon as the author of the words, music, and arrangement and J.
Allen as an additional author of the arrangement. Further, the application recites January 1, 1978
as the date of first publication. This application was granted on November 17, 1992 and issued
as PA 592-593 at Exhibit 30 hereto
107. Upon information and belief, Bridgeport Music, or its agents, calculatedly
provided a false date of first publication to the U.S. Copyright Office for the musical work
embodied in the PA 592-593 registration at Exhibit 30.
108. Upon information and belief, Bridgeport Music, or its agents, calculatedly elected
to leave section 2a of the PA 592-593 registration at Exhibit 30 blank, which explicitly requests
Abrim Tilmon’s year of death.
I THINK OF YOU
109. The I THINK OF YOU musical work was authored by Abrim Tilmon and first
published in 1973.
110. On October 3, 1973, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the I THINK OF YOU musical work with the U.S. Copyright
Office. This copyright application was granted and issued as EU 437667 at Exhibit 31 hereto.
111. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the I THINK OF YOU musical work automatically vested in the
Estate of Abrim Tilmon.
112. Notwithstanding, on January 1, 2001, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal
application in the name of Abrim Tilmon for the I THINK OF YOU musical work with the U.S.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 23 of 70 Pg ID 23
24
Copyright Office. This renewal application was granted on January 2, 2001 and issued as RE
836-636 at Exhibit 32 hereto.
113. Most notably, Bridgeport Music represented to the U.S. Copyright Office that it
was the “duly authorized agent” of Abrim Tilmon and that Abrim Tilmon maintained an address
at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though Mr. Tilmon had been
deceased since July 6, 1982 and has been continuously interred in the state of Michigan since
shortly after his death.
114. Further, on March 6, 1998, Bridgeport Music, or its agents, filed an additional and
separate copyright application for the I THINK OF YOU musical work with the U.S. Copyright
Office that dubiously claims to be a new version and arrangement. The application lists Abrim
Tilmon as the author of the words and music and Bridgeport Music as the author of the
arrangement. Further, the application recites January 1, 1978 as the date of first publication.
This application was granted on March 11, 1998 and issued as PA 1-322-674 at Exhibit 33
hereto.
115. Upon information and belief, Bridgeport Music, or its agents, calculatedly
provided a false date of first publication to the U.S. Copyright Office for the musical work
embodied in the PA 1-322-674 registration at Exhibit 33.
116. Upon information and belief, Bridgeport Music, or its agents, calculatedly elected
to leave section 2a of the PA 1-322-674 registration at Exhibit 33 blank, which explicitly
requests Abrim Tilmon’s year of death.
I’LL NEVER SAIL THE SEA AGAIN
117. The I’LL NEVER SAIL THE SEA AGAIN musical work was authored by Abrim
Tilmon and first published in 1972.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 24 of 70 Pg ID 24
25
118. On March 20, 1972, Bridgeport Music, as the copyright claimant, or its agents
filed a copyright application for the I’LL NEVER SAIL THE SEA AGAIN musical work with
the U.S. Copyright Office. This copyright application was granted and issued as EU 322968 at
Exhibit 34 hereto.
119. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the I’LL NEVER SAIL THE SEA AGAIN musical work
automatically vested in the Estate of Abrim Tilmon.
120. Notwithstanding, on February 13, 2004 Bridgeport Music, or its agents,
unilaterally, and without any permission, license or consent from the Estate of Abrim Tilmon
filed a renewal application in the name of Mrs. Tilmon for the I’LL NEVER SAIL THE SEA
AGAIN musical work with the U.S. Copyright Office. This renewal application was granted on
February 18, 2004 and issued as RE 898-052 at Exhibit 35 hereto.
121. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the “duly authorized agent” of Mrs. Tilmon and that Mrs. Tilmon maintained
an address at 29 Church Street, Suite 3, Burlington, VT 05401 even though no such agency
relationship ever existed and Mrs. Tilmon has never resided or otherwise maintained a residential
address at any location in the state of Vermont.
122. Further, on March 6, 1998, Bridgeport Music, or its agents, filed an additional and
separate copyright application for the I’LL NEVER SAIL THE SEA AGAIN musical work with
the U.S. Copyright Office that dubiously claims to be a new version and arrangement. The
application lists Abrim Tilmon as the author of the words and music and Bridgeport Music as the
author of the arrangement. Further, the application recites January 1, 1978 as the date of first
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 25 of 70 Pg ID 25
26
publication. This application was granted on March 11, 1998 and issued as PA 1-322-669 at
Exhibit 36 hereto.
123. Upon information and belief, Bridgeport Music, or its agents, calculatedly
provided a false date of first publication to the U.S. Copyright Office for the musical work
embodied in the PA 1-322-669 registration at Exhibit 36.
124. Upon information and belief, Bridgeport Music, or its agents, calculatedly elected
to leave section 2a of the PA 1-322-669 registration at Exhibit 36 blank, which explicitly
requests Abrim Tilmon’s year of death.
I’M IN LOVE WITH YOU
125. The I’M IN LOVE WITH YOU musical work was authored by Abrim Tilmon
and first published in 1973.
126. On October 3, 1973, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the I’M IN LOVE WITH YOU musical work with the U.S.
Copyright Office. This copyright application was granted and issued as EU 437669 at Exhibit 37
hereto.
127. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the I’M IN LOVE WITH YOU musical work automatically
vested in the Estate of Abrim Tilmon.
128. Notwithstanding, on January 1, 2001, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal
application in the name of Abrim Tilmon for the I’M IN LOVE WITH YOU musical work with
the U.S. Copyright Office. This renewal application was granted on January 2, 2001 and issued
as RE 836-638 at Exhibit 38 hereto.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 26 of 70 Pg ID 26
27
129. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the “duly authorized agent” of Abrim Tilmon and that Abrim Tilmon
maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though
Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state
of Michigan since shortly after his death.
I’M QUALIFIED
130. The I’M QUALIFIED musical work was authored by Abrim Tilmon and first
published in 1974.
131. On September 30, 1974, Bridgeport Music, as the copyright claimant, or its
agents, filed a copyright application for the I’M QUALIFIED musical work with the U.S.
Copyright Office. This copyright application was granted and issued as EU 522504 at Exhibit 39
hereto.
132. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the I’M QUALIFIED musical work automatically vested in the
Estate of Abrim Tilmon.
133. Notwithstanding, on February 13, 2004, Bridgeport Music, or its agents,
unilaterally, and without any permission, license or consent from the Estate of Abrim Tilmon
filed a renewal application in the name of Mrs. Tilmon for the I’M QUALIFIED musical work
with the U.S. Copyright Office. This renewal application was granted on February 18, 2004 and
issued as RE 898-078 at Exhibit 40 hereto.
134. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the “duly authorized agent” of Mrs. Tilmon and that Mrs. Tilmon maintained
an address at 29 Church Street, Suite 3, Burlington, VT 05401 even though no such agency
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 27 of 70 Pg ID 27
28
relationship ever existed and Mrs. Tilmon has never resided or otherwise maintained a residential
address at any location in the state of Vermont.
135. Further, on March 6, 1998, Bridgeport Music, or its agents, filed an additional and
separate copyright application for the I’M QUALIFIED musical work with the U.S. Copyright
Office that dubiously claims to be a new version and arrangement. The application lists Abrim
Tilmon as the author of the words and music and Bridgeport Music as the author of the
arrangement. Further, the application recites January 1, 1978 as the date of first publication.
This application was granted on March 11, 1998 and issued as PA 1-322-684 at Exhibit 41
hereto.
136. Upon information and belief, Bridgeport Music, or its agents, calculatedly
provided a false date of first publication to the U.S. Copyright Office for the musical work
embodied in the PA 1-322-684 registration at Exhibit 41.
137. Upon information and belief, Bridgeport Music, or its agents, calculatedly elected
to leave section 2a of the PA 1-322-684 registration at Exhibit 41 blank, which explicitly
requests Abrim Tilmon’s year of death.
I’M WISHING
138. The I’M WISHING musical work was authored by Abrim Tilmon and first
published in 1972.
139. On January 28, 1972, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the I’M WISHING musical work with the U.S. Copyright
Office. This copyright application was granted and issued as EU 306694 at Exhibit 42 hereto.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 28 of 70 Pg ID 28
29
140. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the I’M WISHING musical work automatically vested in the
Estate of Abrim Tilmon.
141. Notwithstanding, on February 13, 2004 Bridgeport Music, or its agents,
unilaterally, and without any permission, license or consent from the Estate of Abrim Tilmon
filed a renewal application in the name of Mrs. Tilmon for the I’M WISHING musical work with
the U.S. Copyright Office. This renewal application was granted on February 18, 2004 and
issued as RE 898-047 at Exhibit 43 hereto.
142. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the “duly authorized agent” of Mrs. Tilmon and that Mrs. Tilmon maintained
an address at 29 Church Street, Suite 3, Burlington, VT 05401 even though no such agency
relationship ever existed and Mrs. Tilmon has never resided or otherwise maintained a residential
address at any location in the state of Vermont.
I’VE GOT TO MOVE
143. The I’VE GOT TO MOVE musical work was authored by Abrim Tilmon and first
published in 1972.
144. On October 26, 1971, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the I’VE GOT TO MOVE musical work with the U.S.
Copyright Office. This copyright application was granted and issued as EU 284772 at Exhibit 44
hereto.
145. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the I’VE GOT TO MOVE musical work automatically vested in
the Estate of Abrim Tilmon.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 29 of 70 Pg ID 29
30
146. Notwithstanding, on January 1, 1999, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal
application in the name of Abrim Tilmon for the I’VE GOT TO MOVE musical work with the
U.S. Copyright Office. This renewal application was granted on January 4, 1999 and issued as
RE 814-601 at Exhibit 45 hereto.
147. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the “duly authorized agent” of Abrim Tilmon and that Abrim Tilmon
maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though
Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state
of Michigan since shortly after his death.
IF I LOSE YOUR LOVE
148. The IF I LOSE YOUR LOVE musical work was authored by Abrim Tilmon and
James Mitchell and first published in 1971.
149. On February 16, 1971, Defendant Bridgeport Music, as the copyright claimant, or
its agents, filed a copyright application for the IF I LOSE YOUR LOVE musical work with the
U.S. Copyright Office. This copyright application was granted and issued as EU 232637 at
Exhibit 46 hereto.
150. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the IF I LOSE YOUR LOVE musical work automatically vested
in the Estate of Abrim Tilmon.
151. Notwithstanding, on January 1, 1999, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal
application in the name of Abrim Tilmon for the IF I LOSE YOUR LOVE musical work with
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 30 of 70 Pg ID 30
31
the U.S. Copyright Office. This renewal application was granted on January 4, 1999 and issued
as RE 814-505 at Exhibit 47 hereto.
152. Most notably, Bridgeport Music, or its agents represented to the U.S. Copyright
Office that it was the “duly authorized agent” of Abrim Tilmon and that Abrim Tilmon
maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though
Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state
of Michigan since shortly after his death.
153. Further, on March 6, 1998, Bridgeport Music, or its agents, filed an additional and
separate copyright application for the IF I LOSE YOUR LOVE musical work with the U.S.
Copyright Office that dubiously claims to be a new version, new arrangement. The application
lists Abrim Tilmon and James Mitchell as the authors of the words and music and Bridgeport
Music as the author of the arrangement. Further, the application recites January 1, 1978 as the
date of first publication. This application was granted on March 11, 1998 and issued as PA 1-
322-682 at Exhibit 48 hereto.
154. Upon information and belief, Bridgeport Music, or its agents, calculatedly
provided a false date of first publication to the U.S. Copyright Office for the musical work
embodied in the PA 1-322-682 registration at Exhibit 48.
155. Upon information and belief, Bridgeport Music, or its agents, calculatedly elected
to leave section 2a of the PA 1-322-682 registration at Exhibit 48 blank, which explicitly
requests Abrim Tilmon’s year of death.
JUST NOW AND THEN
156. The JUST NOW AND THEN musical work was authored by Abrim Tilmon and
first published in 1971.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 31 of 70 Pg ID 31
32
157. On February 16, 1971, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the JUST NOW AND THEN musical work with the U.S.
Copyright Office. This copyright application was granted and issued as EU 232632 at Exhibit 49
hereto.
158. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the JUST NOW AND THEN musical work automatically vested
in the Estate of Abrim Tilmon.
159. Notwithstanding, on January 1, 1999, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal
application in the name of Abrim Tilmon for the JUST NOW AND THEN musical work with
the U.S. Copyright Office. This renewal application was granted on January 4, 1999 and issued
as RE 814-501 at Exhibit 50 hereto.
160. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the “duly authorized agent” of Abrim Tilmon and that Abrim Tilmon
maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though
Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state
of Michigan since shortly after his death.
LEE
161. The LEE musical work was authored by Abrim Tilmon, Sam Beatty, and Tom
Graczyk and first published in 1971
162. On July 1, 1971, Bridgeport Music, as the copyright claimant, or its agents, filed a
copyright application for the LEE musical work with the U.S. Copyright Office. This copyright
application was granted and issued as EU 268847 at Exhibit 51 hereto.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 32 of 70 Pg ID 32
33
163. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the LEE musical work automatically vested in the Estate of Abrim
Tilmon.
164. Notwithstanding, on January 1, 1999, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal
application in the name of Abrim Tilmon for the LEE musical work with the U.S. Copyright
Office. This renewal application was granted on January 4, 1999 and issued as RE 814-540 at
Exhibit 52 hereto.
165. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the “duly authorized agent” of Abrim Tilmon and that Abrim Tilmon
maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though
Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state
of Michigan since shortly after his death.
166. Further, on March 6, 1998, Bridgeport Music, or its agents, filed an additional and
separate copyright application for the LEE musical work with the U.S. Copyright Office that
dubiously claims to be a new version and arrangement. The application lists Abrim Tilmon, Sam
Beatty, and Tom Graczyk as the authors of the words and music and Bridgeport Music as the
author of the arrangement. Further, the application recites January 1, 1978 as the date of first
publication. This application was granted on March 11, 1998 and issued as PA 1-322-681 at
Exhibit 53 hereto.
167. Upon information and belief, Bridgeport Music, or its agents, calculatedly
provided a false date of first publication to the U.S. Copyright Office for the musical work
embodied in the PA 1-322-681 registration at Exhibit 53.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 33 of 70 Pg ID 33
34
168. Upon information and belief, Bridgeport Music, or its agents, calculatedly elected
to leave section 2a of the PA 1-322-681 registration at Exhibit 53 blank, which explicitly
requests Abrim Tilmon’s year of death.
LOOK WHAT’S HAPPENED TO OUR LOVE
169. The LOOK WHAT’S HAPPENED TO OUR LOVE musical work was authored
by Abrim Tilmon and first published in 1977.
170. On May 2, 1977 Bridgeport Music, as the copyright claimant, or its agents, filed a
copyright application for the LOOK WHAT’S HAPPENED TO OUR LOVE musical work with
the U.S. Copyright Office. This copyright application was granted and issued as EU 783603 at
Exhibit 54 hereto.
171. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the LOOK WHAT’S HAPPENED TO OUR LOVE musical work
automatically vested in the Estate of Abrim Tilmon.
172. Notwithstanding, upon information and belief, Defendants have continued to
commercially exploit the LOOK WHAT’S HAPPENED TO OUR LOVE musical work without
any permission, license or consent from the Estate of Abrim Tilmon.
LONG LIVE THE KING
173. The LONG LIVE THE KING musical work was authored by Abrim Tilmon, Sam
Beatty, and Tom Graczyk and first published in 1971.
174. On August 11, 1971, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the LONG LIVE THE KING musical work with the U.S.
Copyright Office. This copyright application was granted and issued as EU 270671 at Exhibit 55
hereto.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 34 of 70 Pg ID 34
35
175. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the LONG LIVE THE KING musical work automatically vested
in the Estate of Abrim Tilmon.
176. Notwithstanding, on January 1, 1999, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal
application in the name of Abrim Tilmon for the LONG LIVE THE KING musical work with
the U.S. Copyright Office. This renewal application was granted on January 4, 1999 and issued
as RE 814-591 at Exhibit 56 hereto.
177. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the “duly authorized agent” of Abrim Tilmon and that Abrim Tilmon
maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though
Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state
of Michigan since shortly after his death.
178. Further, on March 6, 1998, Bridgeport Music, or its agents, filed an additional and
separate copyright application for the LONG LIVE THE KING musical work with the U.S.
Copyright Office that dubiously claims to be a new version, new arrangement. The application
lists Abrim Tilmon, Sam Beatty, and Tom Graczyk as the author of the words and music and
Bridgeport Music as the author of the arrangement. Further, the application recites January 1,
1978 as the date of first publication. This application was granted on March 11, 1998 and issued
as PA 1-322-685 at Exhibit 57 hereto.
179. Upon information and belief, Bridgeport Music, or its agents, calculatedly
provided a false date of first publication to the U.S. Copyright Office for the musical work
embodied in the PA 1-322-685 registration at Exhibit 57.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 35 of 70 Pg ID 35
36
180. Upon information and belief, Bridgeport Music, or its agents, calculatedly elected
to leave section 2a of the PA 1-322-685 registration at Exhibit 57 blank, which explicitly
requests Abrim Tilmon’s year of death.
LOVE FOR YOU
181. The LOVE FOR YOU musical work was authored by Abrim Tilmon and first
published in 1977.
182. On May 2, 1977, Bridgeport Music, as the copyright claimant, or its agents, filed
a copyright application for the LOVE FOR YOU musical work with the U.S. Copyright Office.
This copyright application was granted and issued as EU 783602 at Exhibit 58 hereto.
183. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the LOVE FOR YOU musical work automatically vested in the
Estate of Abrim Tilmon.
184. Notwithstanding, upon information and belief, Defendants have continued to
commercially exploit the LOVE FOR YOU musical work without any permission, license or
consent from the Estate of Abrim Tilmon.
LOVE HAS COME TO ME
185. The LOVE HAS COME TO ME musical work was authored by Abrim Tilmon
and first published in 1977.
186. On May 2, 1977 Bridgeport Music, as the copyright claimant, or its agents, filed a
copyright application for the LOVE HAS COME TO ME musical work with the U.S. Copyright
Office. This copyright application was granted and issued as EU 783605 at Exhibit 59 hereto.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 36 of 70 Pg ID 36
37
187. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the LOVE HAS COME TO ME musical work automatically
vested in the Estate of Abrim Tilmon.
188. Notwithstanding, upon information and belief, Defendants have continued to
commercially exploit the LOVE HAS COME TO ME musical work without any permission,
license or consent from the Estate of Abrim Tilmon.
LOVE, LOVE, LOVE
189. The LOVE, LOVE, LOVE, musical work was authored by Abrim Tilmon and
first published in 1973.
190. On October 17, 1973, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the LOVE, LOVE, LOVE musical work with the U.S. Copyright
Office. This copyright application was granted and issued as EU 438645 at Exhibit 60 hereto.
191. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the LOVE, LOVE, LOVE musical work automatically vested in
the Estate of Abrim Tilmon.
192. Notwithstanding, on January 1, 2001, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal
application in the name of Abrim Tilmon for the LOVE, LOVE, LOVE musical work with the
U.S. Copyright Office. This renewal application was granted on January 2, 2001 and issued as
RE 836-647 at Exhibit 61 hereto.
193. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the “duly authorized agent” of Abrim Tilmon and that Abrim Tilmon
maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 37 of 70 Pg ID 37
38
Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state
of Michigan since shortly after his death.
MY DREAMS HAVE GOT THE BEST OF ME
194. The MY DREAMS HAVE GOT THE BEST OF ME musical work was authored
by Abrim Tilmon and James Mitchell and first published in 1973.
195. On February 16, 1971 Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the MY DREAMS HAVE GOT THE BEST OF ME musical
work with the U.S. Copyright Office. This copyright application was granted and issued as EU
232644 at Exhibit 62 hereto.
196. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the MY DREAMS HAVE GOT THE BEST OF ME musical work
automatically vested in the Estate of Abrim Tilmon.
197. Notwithstanding, on January 1, 1999, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal
application in the name of Abrim Tilmon for the MY DREAMS HAVE GOT THE BEST OF
ME musical work with the U.S. Copyright Office. This renewal application was granted on
January 4, 1999 and issued as RE 814-497 at Exhibit 63 hereto.
198. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the “duly authorized agent” of Abrim Tilmon and that Abrim Tilmon
maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though
Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state
of Michigan since shortly after his death.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 38 of 70 Pg ID 38
39
199. Further, on March 6, 1998, Bridgeport Music, or its agents, filed an additional and
separate copyright application for the MY DREAMS HAVE GOT THE BEST OF ME musical
work with the U.S. Copyright Office that dubiously claims to be a new version and arrangement.
The application lists Abrim Tilmon as the author of the words and music and Bridgeport Music
as the author of the arrangement. Further, the application recites January 1, 1978 as the date of
first publication. This application was granted on March 11, 1998 and issued as PA 1-322-680 at
Exhibit 64 hereto.
200. Upon information and belief, Bridgeport Music, or its agents, calculatedly
provided a false date of first publication to the U.S. Copyright Office for the musical work
embodied in the PA 1-322-680 registration at Exhibit 64.
201. Upon information and belief, Bridgeport Music, or its agents, calculatedly elected
to leave section 2a of the PA 1-322-680 registration at Exhibit 64 blank, which explicitly
requests Abrim Tilmon’s year of death.
SET IT OUT
202. The SET IT OUT musical work was authored by Abrim Tilmon, B. Baine, and L.
Crane and first published in 1977.
203. On September 30, 1974 and December 18, 1974, Southfield Music, as the
copyright claimant, or its agents, filed 2 separate copyright applications for the SET IT OUT
musical work with the U.S. Copyright Office. These copyright applications were granted and
issued as EU 522495 and EU 543554, respectively, at Exhibit 65 hereto.
204. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the SET IT OUT musical work automatically vested in the Estate
of Abrim Tilmon.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 39 of 70 Pg ID 39
40
205. Notwithstanding, on February 13, 2004 Bridgeport Music, or its agents,
unilaterally, and without any permission, license or consent from the Estate of Abrim Tilmon
filed 2 separate renewal applications in the name of Mrs. Tilmon for the SET IT OUT musical
work with the U.S. Copyright Office. These renewal applications were granted on February 18,
2004 and issued as RE 898-069 and RE 898-088, respectively, at Exhibit 66 hereto.
206. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the “duly authorized agent” of Mrs. Tilmon and that Mrs. Tilmon maintained
an address at 29 Church Street, Suite 3, Burlington, VT 05401 even though no such agency
relationship ever existed and Mrs. Tilmon has never resided or otherwise maintained a residential
address at any location in the state of Vermont.
207. Further, on March 6, 1998, Bridgeport Music, or its agents, filed an additional and
separate copyright application for the SET IT OUT musical work with the U.S. Copyright Office
that dubiously claims to be a new version and arrangement. The application lists Abrim Tilmon,
Balda Baine, and Louis Crane as the authors of the words and music and Bridgeport Music as the
author of the arrangement. Further, the application recites January 1, 1978 as the date of first
publication. This application was granted on March 11, 1998 and issued as PA 1-322-672 at
Exhibit 67 hereto.
208. Upon information and belief, Bridgeport Music, or its agents, calculatedly
provided a false date of first publication to the U.S. Copyright Office for the musical work
embodied in the PA 1-322-672 registration at Exhibit 67.
209. Upon information and belief, Bridgeport Music, or its agents, calculatedly elected
to leave section 2a of the PA 1-322-672 registration at Exhibit 67 blank, which explicitly
requests Abrim Tilmon’s year of death.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 40 of 70 Pg ID 40
41
SEXY WAYS
210. The SEXY WAYS musical work was authored by Abrim Tilmon and was first
published in 1977.
211. On May 2, 1977 Defendant Bridgeport Music, as the copyright claimant, or its
agents, filed a copyright application for the SEXY WAYS musical work with the U.S. Copyright
Office. This copyright application was granted and issued as EU 783604 at Exhibit 68 hereto.
212. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the SEXY WAYS musical work automatically vested in the Estate
of Abrim Tilmon.
213. Notwithstanding, upon information and belief, Defendants have continued to
commercially exploit the SEXY WAYS musical work without any permission, license or
consent from the Estate of Abrim Tilmon.
SHAKE YOUR HEAD
214. The SHAKE YOUR HEAD musical work was authored by Abrim Tilmon and
was first published in 1973.
215. On October 17, 1973, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the SHAKE YOUR HEAD musical work with the U.S.
Copyright Office. This copyright application was granted and issued as EU 438642 at Exhibit 69
hereto.
216. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the SHAKE YOUR HEAD musical work automatically vested in
the Estate of Abrim Tilmon.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 41 of 70 Pg ID 41
42
217. Notwithstanding, on February 13, 2004 Bridgeport Music, or its agents,
unilaterally, and without any permission, license or consent from the Estate of Abrim Tilmon
filed a renewal application in the name of Mrs. Tilmon for the SHAKE YOUR HEAD musical
work with the U.S. Copyright Office. This renewal application was granted on February 18,
2004 and issued as RE 898-049 at Exhibit 70 hereto.
218. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the “duly authorized agent” of Mrs. Tilmon and that Mrs. Tilmon maintained
an address at 29 Church Street, Suite 3, Burlington, VT 05401 even though no such agency
relationship ever existed and Mrs. Tilmon has never resided or otherwise maintained a residential
address at any location in the state of Vermont.
SO LONG
219. The SO LONG musical work was authored by Abrim Tilmon and was first
published in 1973.
220. On October 17, 1973, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the SO LONG musical work with the U.S. Copyright Office.
This copyright application was granted and issued as EU 438640 at Exhibit 71 hereto.
221. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the SO LONG musical work automatically vested in the Estate of
Abrim Tilmon.
222. Notwithstanding, on January 1, 2001, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal
application in the name of Abrim Tilmon for the SO LONG musical work with the U.S.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 42 of 70 Pg ID 42
43
Copyright Office. This renewal application was granted on January 2, 2001 and issued as RE
836-645 at Exhibit 72 hereto.
223. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the “duly authorized agent” of Abrim Tilmon and that Abrim Tilmon
maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though
Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state
of Michigan since shortly after his death.
TAKE IT OR LEAVE ME
224. The TAKE IT OR LEAVE ME musical work was authored by Abrim Tilmon and
was first published in 1977.
225. On May 2, 1977, Bridgeport Music, as the copyright claimant, or its agents, filed
a copyright application for the TAKE IT OR LEAVE ME musical work with the U.S. Copyright
Office. This copyright application was granted and issued as EU 783600 at Exhibit 73 hereto.
226. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the TAKE IT OR LEAVE ME musical work automatically vested
in the Estate of Abrim Tilmon.
227. Notwithstanding, upon information and belief, Defendants have continued to
commercially exploit the TAKE IT OR LEAVE ME musical work without any permission,
license or consent from the Estate of Abrim Tilmon.
TAKE MY LOVE
228. The TAKE MY LOVE musical work was authored by Abrim Tilmon and was
first published in 1972.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 43 of 70 Pg ID 43
44
229. On March 20, 1972, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the TAKE MY LOVE musical work with the U.S. Copyright
Office. This copyright application was granted and issued as EU 322966 at Exhibit 74 hereto.
230. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the TAKE MY LOVE musical work automatically vested in the
Estate of Abrim Tilmon.
231. Notwithstanding, on February 13, 2004 Bridgeport Music, or its agents,
unilaterally, and without any permission, license or consent from the Estate of Abrim Tilmon
filed a renewal application in the name of Mrs. Tilmon for the TAKE MY LOVE musical work
with the U.S. Copyright Office. This renewal application was granted on February 18, 2004 and
issued as RE 898-050 at Exhibit 75 hereto.
232. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the “duly authorized agent” of Mrs. Tilmon and that Mrs. Tilmon maintained
an address at 29 Church Street, Suite 3, Burlington, VT 05401 even though no such agency
relationship ever existed and Mrs. Tilmon has never resided or otherwise maintained a residential
address at any location in the state of Vermont.
THERE’S A LOVE FOR ME SOMEWHERE
233. The THERE’S A LOVE FOR ME SOMEWHERE musical work was authored by
Abrim Tilmon and was first published in 1972.
234. On March 20, 1972, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the THERE’S A LOVE FOR ME SOMEWHERE musical work
with the U.S. Copyright Office. This copyright application was granted and issued as EU
322967 at Exhibit 76 hereto.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 44 of 70 Pg ID 44
45
235. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the THERE’S A LOVE FOR ME SOMEWHERE musical work
automatically vested in the Estate of Abrim Tilmon.
236. Notwithstanding, on February 13, 2004, Bridgeport Music, or its agents,
unilaterally, and without any permission, license or consent from the Estate of Abrim Tilmon
filed a renewal application in the name of Mrs. Tilmon for the THERE’S A LOVE FOR ME
SOMEWHERE musical work with the U.S. Copyright Office. This renewal application was
granted on February 18, 2004 and issued as RE 898-051 at Exhibit 77 hereto.
237. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the “duly authorized agent” of Mrs. Tilmon and that Mrs. Tilmon maintained
an address at 29 Church Street, Suite 3, Burlington, VT 05401 even though no such agency
relationship ever existed and Mrs. Tilmon has never resided or otherwise maintained a residential
address at any location in the state of Vermont.
238. Further, on March 6, 1998, Bridgeport Music, or its agents, filed an additional and
separate copyright application for the THERE’S A LOVE FOR ME SOMEWHERE musical
work with the U.S. Copyright Office that dubiously claims to be a new version and arrangement.
The application lists Abrim Tilmon as the author of the words and music and Bridgeport Music
as the author of the arrangement. Further, the application recites January 1, 1978 as the date of
first publication. This application was granted on March 11, 1998 and issued as PA 1-322-677 at
Exhibit 78 hereto.
239. Upon information and belief, Bridgeport Music, or its agents, calculatedly
provided a false date of first publication to the U.S. Copyright Office for the musical work
embodied in the PA 1-322-677 registration at Exhibit 78.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 45 of 70 Pg ID 45
46
240. Upon information and belief, Bridgeport Music, or its agents, calculatedly elected
to leave section 2a of the PA 1-322-677 registration at Exhibit 78 blank, which explicitly
requests Abrim Tilmon’s year of death.
TILL YOU DECIDE TO COME HOME
241. The TILL YOU DECIDE TO COME HOME musical work was authored by
Abrim Tilmon and was first published in 1972.
242. On February 16, 1971, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the TILL YOU DECIDE TO COME HOME musical work with
the U.S. Copyright Office. This copyright application was granted and issued as EU 232645 at
Exhibit 79 hereto.
243. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the TILL YOU DECIDE TO COME HOME musical work
automatically vested in the Estate of Abrim Tilmon.
244. Notwithstanding, on January 1, 1999, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal
application in the name of Abrim Tilmon for the TILL YOU DECIDE TO COME HOME
musical work with the U.S. Copyright Office. This renewal application was granted on January
4, 1999 and issued as RE 814-507 at Exhibit 80 hereto.
245. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the “duly authorized agent” of Abrim Tilmon and that Abrim Tilmon
maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though
Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state
of Michigan since shortly after his death.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 46 of 70 Pg ID 46
47
WEAR THIS RING (WITH LOVE)
246. The WEAR THIS RING (WITH LOVE) musical work was authored by Abrim
Tilmon and James Mitchell and was first published in 1971.
247. On June 3, 1971, Bridgeport Music, as the copyright claimant, or its agents, filed
a copyright application for the WEAR THIS RING (WITH LOVE) musical work with the U.S.
Copyright Office. This copyright application was granted and issued as EU 262026 at Exhibit 81
hereto.
248. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the WEAR THIS RING (WITH LOVE) musical work
automatically vested in the Estate of Abrim Tilmon.
249. Notwithstanding, on January 1, 1999, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal
application in the name of Abrim Tilmon for the WEAR THIS RING (WITH LOVE) musical
work with the U.S. Copyright Office. This renewal application was granted on January 4, 1999
and issued as RE 814-518 at Exhibit 82 hereto.
250. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the “duly authorized agent” of Abrim Tilmon and that Abrim Tilmon
maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though
Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state
of Michigan since shortly after his death.
WEDNESDAY
251. The WEDNESDAY musical work was authored by Abrim Tilmon and was first
published in 1977.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 47 of 70 Pg ID 47
48
252. On May 2, 1977, Bridgeport Music, as the copyright claimant, or its agents, filed
a copyright application for the WEDNESDAY musical work with the U.S. Copyright Office.
This copyright application was granted and issued as EU 783601 at Exhibit 83 hereto.
253. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the WEDNESDAY musical work automatically vested in the
Estate of Abrim Tilmon.
254. Notwithstanding, upon information and belief, Defendants have continued to
commercially exploit the WEDNESDAY musical work without any permission, license or
consent from the Estate of Abrim Tilmon.
WHATCHA GONNA WEAR TOMORROW
255. The WHATCHA GONNA WEAR TOMORROW musical work was authored by
Abrim Tilmon and was first published in 1973.
256. On October 17, 1973, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the WHATCHA GONNA WEAR TOMORROW musical work
with the U.S. Copyright Office. This copyright application was granted and issued as EU
438651 at Exhibit 84 hereto.
257. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the WHATCHA GONNA WEAR TOMORROW musical work
automatically vested in the Estate of Abrim Tilmon.
258. Notwithstanding, on January 1, 2001, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal
application in the name of Abrim Tilmon for the WHATCHA GONNA WEAR TOMORROW
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 48 of 70 Pg ID 48
49
musical work with the U.S. Copyright Office. This renewal application was granted on January
2, 2001 and issued as RE 836-652 at Exhibit 85 hereto.
259. Most notably, Bridgeport Music represented to the U.S. Copyright Office that it
was the “duly authorized agent” of Abrim Tilmon and that Abrim Tilmon maintained an address
at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though Mr. Tilmon had been
deceased since July 6, 1982 and has been continuously interred in the state of Michigan since
shortly after his death.
WITHOUT YOU BABY
260. The WITHOUT YOU BABY musical work was authored by Abrim Tilmon and
was first published in 1973.
261. On October 17, 1973, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the WITHOUT YOU BABY musical work with the U.S.
Copyright Office. This copyright application was granted and issued as EU 438650 at Exhibit 86
hereto.
262. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the WITHOUT YOU BABY musical work automatically vested
in the Estate of Abrim Tilmon.
263. Notwithstanding, on January 1, 2001, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal
application in the name of Abrim Tilmon for the WITHOUT YOU BABY musical work with the
U.S. Copyright Office. This renewal application was granted on January 2, 2001and issued as
RE 836-651 at Exhibit 87 hereto.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 49 of 70 Pg ID 49
50
264. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the “duly authorized agent” of Abrim Tilmon and that Abrim Tilmon
maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though
Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state
of Michigan since shortly after his death.
YES I KNOW IM IN LOVE
265. The YES I KNOW IM IN LOVE musical work was authored by Mrs. Tilmon,
Ronald Lawrence, Louis Crane, and Balda Baine and first published in 1974.
266. On June 30, 1975, Southfield Music, as the copyright claimant, or its agents, filed
a copyright application for the YES I KNOW IM IN LOVE musical work with the U.S.
Copyright Office. This copyright application was granted and issued as EU593738 at Exhibit 88
hereto.
267. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the YES I KNOW IM IN LOVE musical work automatically
vested in the Estate of Abrim Tilmon.
268. Notwithstanding, on February 13, 2004, Bridgeport Music, or its agents,
unilaterally, and without any permission, license or consent from the Estate of Abrim Tilmon
filed a renewal application in the name of Abrim Tilmon for the YES I KNOW IM IN LOVE
musical work with the U.S. Copyright Office. This renewal application was granted on February
18, 2004 and issued as RE 898-149 at Exhibit 89 hereto.
269. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the “duly authorized agent” of Mrs. Tilmon and that Mrs. Tilmon maintained
an address at 29 Church Street, Suite 3, Burlington, VT 05401 even though no such agency
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 50 of 70 Pg ID 50
51
relationship ever existed and Mrs. Tilmon has never resided or otherwise maintained a residential
address at any location in the state of Vermont.
270. Further, on March 6, 1998, Bridgeport Music, or its agents, filed an additional and
separate copyright application for the YES I KNOW IM IN LOVE musical work with the U.S.
Copyright Office that dubiously claims to be a new version and arrangement. The application
lists Abrim Tilmon, Ronald Lawrence, Louis Crane, and Balda Baine, as the author of the words
and music and Bridgeport Music as the author of the arrangement. Further, the application
recites January 1, 1978 as the date of first publication. The application was granted on March
11, 1998 and issued as PA 1-322-673 at Exhibit 90 hereto.
271. Upon information and belief, Bridgeport Music, or its agents, calculatedly
provided a false date of first publication to the U.S. Copyright Office for the musical work
embodied in the PA 1-322-673 registration at Exhibit 90.
272. Upon information and belief, Bridgeport Music, or its agents, calculatedly elected
to leave section 2a of the PA 1-322-673 registration at Exhibit 90 blank, which explicitly
requests Abrim Tilmon’s year of death.
273. On September 14, 2006 Mrs. Tilmon instituted an action against Bridgeport
Music and Mr. Boladian in the United States District Court, for the Eastern District of Michigan
that came to be styled as Tilmon-Jones v. Boladian et al., Civil Action No. 5:06-cv-14048
(“District Court Action”) based upon certain legal and royalty issues involving two (2) discrete
musical works, including YES I KNOW IM IN LOVE.
274. On September 6, 2007, the District Court there entered a Consent Order of
Settlement wherein it was ordered and adjudged that Mrs. Tilmon shall receive 33 1/3% of the
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 51 of 70 Pg ID 51
52
copyright of the musical composition YES I KNOW IM IN LOVE. A copy of the Consent
Order of Settlement that resolved the District Court Action is attached hereto as Exhibit 19.
275. Upon information and belief, Bridgeport Music and Mr. Boladian failed to
disclose the PA 1-322-673 registration at Exhibit 90 in the District Court Action. Plaintiffs’
undersigned counsel has attempted on numerous occasions to have Defendants’ assign the PA
registration at Exhibit 90 for YES I KNOW IM IN LOVE without judicial intervention.
Defendants have refused to do so each time.
276. Moreover, despite the Consent Order of Settlement, upon information and belief,
Defendants have continued to commercially exploit YES I KNOW IM IN LOVE without
providing appropriate sums to Mrs. Tilmon.
YOU CAN’T TAKE THIS LOVE FOR YOU, FROM ME
277. The YOU CAN’T TAKE THIS LOVE FOR YOU, FROM ME musical work was
authored by Abrim Tilmon, Sam Beatty, and Tom Graczyk and was first published in 1971.
278. On July 1, 1971, Bridgeport Music, as the copyright claimant, or its agents, filed a
copyright application for the YOU CAN’T TAKE THIS LOVE FOR YOU, FROM ME musical
work with the U.S. Copyright Office. This copyright application was granted and issued as EU
268848 at Exhibit 91 hereto.
279. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the YOU CAN’T TAKE THIS LOVE FOR YOU, FROM ME
musical work automatically vested in the Estate of Abrim Tilmon.
280. Notwithstanding, on January 1, 1999, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal
application in the name of Abrim Tilmon for the YOU CAN’T TAKE THIS LOVE FOR YOU,
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 52 of 70 Pg ID 52
53
FROM ME musical work with the U.S. Copyright Office. This renewal application was granted
on January 4, 1999 and issued as RE 814-541 at Exhibit 92 hereto.
281. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the “duly authorized agent” of Abrim Tilmon and that Abrim Tilmon
maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though
Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state
of Michigan since shortly after his death.
YOU CONTROL ME
282. The YOU CONTROL ME musical work was authored by Abrim Tilmon and was
first published in 1973.
283. On October 17, 1973, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the YOU CONTROL ME musical work with the U.S. Copyright
Office. This copyright application was granted and issued as EU 438655 at Exhibit 93 hereto.
284. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the YOU CONTROL ME musical work automatically vested in
the Estate of Abrim Tilmon.
285. Notwithstanding, on January 1, 2001, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal
application in the name of Abrim Tilmon for the YOU CONTORL ME musical work with the
U.S. Copyright Office. This renewal application was granted on January 2, 2001and issued as
RE 836-654 at Exhibit 94 hereto.
286. Most notably, Bridgeport Music represented to the U.S. Copyright Office that it
was the “duly authorized agent” of Abrim Tilmon and that Abrim Tilmon maintained an address
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 53 of 70 Pg ID 53
54
at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though Mr. Tilmon had been
deceased since July 6, 1982 and has been continuously interred in the state of Michigan since
shortly after his death.
YOU WANT IT? YOU GOT IT!
287. The YOU WANT IT? YOU GOT IT! musical work was authored by Abrim
Tilmon and was first published in 1972.
288. On October 13, 1971 Defendant Bridgeport Music, as the copyright claimant, or
its agents, filed a copyright application for the YOU WANT IT? YOU GOT IT! musical work
with the U.S. Copyright Office. This copyright application was granted and issued as EU
281742 at Exhibit 95 hereto.
289. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the YOU WANT IT? YOU GOT IT! musical work automatically
vested in the Estate of Abrim Tilmon.
290. Notwithstanding, on January 1, 1999, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal
application in the name of Abrim Tilmon for the YOU WANT IT? YOU GOT IT! musical work
with the U.S. Copyright Office. This renewal application was granted on January 4, 1999 and
issued as RE 814-600 at Exhibit 96 hereto.
291. Most notably, Bridgeport Music, or its agents represented to the U.S. Copyright
Office that it was the “duly authorized agent” of Abrim Tilmon and that Abrim Tilmon
maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though
Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state
of Michigan since shortly after his death.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 54 of 70 Pg ID 54
55
292. Further, on March 6, 1998, Bridgeport Music, or its agents, filed an additional and
separate copyright application for the YOU WANT IT? YOU GOT IT! musical work with the
U.S. Copyright Office that dubiously claims to be a new version and arrangement. The
application lists Abrim Tilmon as the author of the words and music and Bridgeport Music as the
author of the arrangement. Further, the application recites January 1, 1978 as the date of first
publication. This application was granted on March 11, 1998 and issued as PA 1-322-671 at
Exhibit 97 hereto.
293. Upon information and belief, Bridgeport Music, or its agents, calculatedly
provided a false date of first publication to the U.S. Copyright Office for the musical work
embodied in the PA 1-322-671 registration at Exhibit 97.
294. Upon information and belief, Bridgeport Music, or its agents, calculatedly elected
to leave section 2a of the PA 1-322-671 registration at Exhibit 97 blank, which explicitly
requests Abrim Tilmon’s year of death.
YOU’RE GETTING A LITTLE TOO SMART
295. The YOU’RE GETTING A LITTLE TOO SMART musical work was authored
by Abrim Tilmon and was first published in 1973.
296. On March 20, 1974 Defendant Bridgeport Music, as the copyright claimant, filed
a copyright application for the YOU’RE GETTING A LITTLE TOO SMART musical work
with the U.S. Copyright Office. This copyright application was granted and issued as EU
482479 at Exhibit 98 hereto.
297. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the YOU’RE GETTING A LITTLE TOO SMART musical work
automatically vested in the Estate of Abrim Tilmon.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 55 of 70 Pg ID 55
56
298. Notwithstanding, on February 13, 2004 Bridgeport Music, or its agents,
unilaterally, and without any permission, license or consent from the Estate of Abrim Tilmon
filed a renewal application in the name of Mrs. Tilmon for the YOU’RE GETTING A LITTLE
TOO SMART musical work with the U.S. Copyright Office. A copy of this renewal application
is attached at Exhibit 99.
299. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the “duly authorized agent” of Mrs. Tilmon and that Mrs. Tilmon maintained
an address at 29 Church Street, Suite 3, Burlington, VT 05401 even though no such agency
relationship ever existed and Mrs. Tilmon has never resided or otherwise maintained a residential
address at any location in the state of Vermont.
300. The U.S. Copyright office rejected the renewal application for the YOU’RE
GETTING A LITTLE TOO SMART musical work at Exhibit 99 as a result of a name variance
on the application. A copy of the U.S. Copyright office’s July 20, 2004 correspondence which
delineated the rationale for rejecting the renewal application for the YOU’RE GETTING A
LITTLE TOO SMART is attached hereto as Exhibit 100.
301. Further, on March 6, 1998, Bridgeport Music, or its agents, filed an application
for supplementary registration to correct the title of the YOU’RE GETTING A LITTLE TOO
SMART work. This application was granted on March 11, 1998 and issued as Pau 2-296-128 at
Exhibit 101 hereto.
302. Still further, on November 3, 1998, Bridgeport Music, or its agents, filed an
additional and separate copyright application for the YOU’RE GETTING A LITTLE TOO
SMART musical work with the U.S. Copyright Office that dubiously claims to be a new version,
new arrangement. The application lists Abrim Tilmon as the author of the drum intro, words,
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 56 of 70 Pg ID 56
57
music, and arrangement and J. Allen as an additional author of the arrangement. Further, the
application recites January 1, 1978 as the date of first publication. This application was granted
on November 4, 1998 and issued as PA 901-726 at Exhibit 102 hereto.
303. Upon information and belief, Bridgeport Music, or its agents, calculatedly
provided a false date of first publication to the U.S. Copyright Office for the musical work
embodied in the PA 901-726 registration at Exhibit 102.
304. Upon information and belief, Bridgeport Music, or its agents, calculatedly elected
to leave section 2a of the PA 901-726 registration at Exhibit 102 blank, which explicitly requests
Abrim Tilmon’s year of death.
305. Finally, and most recently, on January 21, 2011, the Estate of Abrim Tilmon,
through its undersigned counsel, filed a renewal application for the YOU’RE GETTING A
LITTLE TOO SMART musical work with the U.S. Copyright Office. The application properly
lists Mrs. Tilmon, Mrs. Cartwright, and Mr. Tilmon (i.e. the Estate of Abe Tilmon) as the owners
of the renewal term of the YOU’RE GETTING A LITTLE TOO SMART work, which
commenced on December 31, 2002. This application was granted on January 21, 2011 and
issued as RE 931-208 at Exhibit 103 hereto.
COUNT I Declaratory and Injunctive Relief
306. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1 through 305,
above.
307. This is a claim for declaratory and injunctive relief under the Declaratory
Judgment Act, 28 U.S.C. § 2201.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 57 of 70 Pg ID 57
58
308. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the musical works in the ABRIM TILMON CATALOG
automatically vested in the Estate of Abrim Tilmon.
309. An actual controversy has arisen as between Plaintiffs and Defendants. Plaintiffs
claim that they, and not Defendants, are the owners of the renewal term copyrights in and to the
musical works in the ABRIM TILMON CATALOG, and that Plaintiffs, and not Defendants
have the exclusive rights conferred upon copyright owners under the U.S. Copyright Act as to
these musical works, such that Defendants have no present right to, among other things, exploit
these musical works. Defendants, on the other hand, contends that it owns the renewal term
copyright in and to these musical works.
310. A judicial declaration is necessary to determine the rights and obligations of the
parties.
311. As a result, Plaintiffs seek a declaratory judgment (a) that they are the exclusive
owners of the renewal term copyrights in and to the musical works in the ABRIM TILMON
CATALOG, (b) that Plaintiffs have the exclusive rights conferred upon copyright owners under
the U.S. Copyright Act in and to the musical works in the ABRIM TILMON CATALOG,
including, without limitation, the exclusive right to exploit the musical works in the ABRIM
TILMON CATALOG, (c) that Defendants have no interest in and to the renewal term copyrights
in and to the musical works in the ABRIM TILMON CATALOG, or any right to exploit the
musical works in the ABRIM TILMON CATALOG, and (d) that any further action by
Defendants in derogation of the exclusive rights of Plaintiffs constitutes willful copyright
infringement. Plaintiffs further seek injunctive relief requiring (a) that Defendants disgorge to
Plaintiffs all benefits, monetary and non-monetary, collected by Defendants as purported
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 58 of 70 Pg ID 58
59
copyright owner and (b) that Defendants reconvey the renewal term copyrights in and to the
musical works in the ABRIM TILMON CATALOG to Plaintiffs to the extent necessary to
effectuate Plaintiffs’ rights.
COUNT II Copyright Infringement
312. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1 through 311,
above.
313. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to
Abrim Tilmon’s authorship of the musical works in the ABRIM TILMON CATALOG
automatically vested in the Estate of Abrim Tilmon. As a result, Plaintiffs are the owner of all
right, title, and interest in and to the renewal term copyrights for the musical works in the
ABRIM TILMON CATALOG.
314. Defendants have no right, by contract, or otherwise, to the renewal term
copyrights, or revenues derived from the exploitation of the renewal term copyrights, emanating
from the musical works in the ABRIM TILMON CATALOG.
315. Defendants have claimed an ownership interest in the renewal term copyrights in
and to the musical works in the ABRIM TILMON CATALOG, and have kept, for their own
profit and revenues derived from the exploitation of the renewal term copyright in compositions
created at least in part by Abrim Tilmon.
316. The actions of the Defendants constitutes either an unintentional infringement, or
an intentional, willful, wrongful, and continual infringement upon the copyrighted musical works
in the ABRIM TILMON CATALOG which have automatically vested in the Estate of Abrim
Tilmon, and have caused the Plaintiffs to suffer actual damages in an amount which can only be
established by an accounting, and which will be proven at the trial of this cause. As a result of
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 59 of 70 Pg ID 59
60
the actions of the Defendants, the Plaintiffs are entitled to receive compensation for damages
pursuant to 17 U.S.C. § 501 et seq., including actual damages, or in the alternative, statutory
damages, attorney’s fees, and injunctive relief as well as the imposition of a constructive trust
and an accounting.
COUNT III Declaratory and Injunctive Relief
317. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1 through 316,
above.
318. This is a claim for declaratory and injunctive relief under the Declaratory
Judgment Act, 28 U.S.C. § 2201.
319. The Copyright Registrations listed at Exhibit 104 were obtained as a result of both
willful misstatements made to the Copyright Office by Defendant Bridgeport Music as well as
the intentional failure to provide the U.S. Copyright Office with material facts that, had they
been known, would have precluded the issuance of such Copyright Registrations.
320. Defendant Bridgeport Music, or its agents, calculatedly represented to the U.S.
Copyright Office that the date of first publication of the works listed at Exhibit 104 was January
1, 1978.
321. Upon information and belief, not a single work listed at Exhibit 104 was first
published on January 1, 1978.
322. Defendant Bridgeport Music, or its agents, calculatedly omitted the year of death
of Abrim Tilmon in each copyright application of the Copyright Registrations listed at Exhibit
104.
323. Upon information and belief, Defendant Bridgeport Music’s knowing and
intentional misrepresentation of the date of first publication of each work at Exhibit 104 as well
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 60 of 70 Pg ID 60
61
as Defendant’s Bridgeport Music’s knowing and intentional omission of Abrim Tilmon’s year of
death, led the Copyright Office to grant copyright registration of each work at Exhibit 104 under
the erroneous assumption that Abrim Tilmon was still alive and the date of publication of each
work was January 1, 1978.
324. Upon information and belief, the nature of the material facts knowingly and
intentionally withheld from the Copyright Office by Defendant Bridgeport Music regarding the
Copyright Registrations listed at Exhibit 104 are sufficient to invalidate each Copyright
Registration.
325. An actual controversy has arisen as between Plaintiffs and Defendants. Plaintiffs
claim that the Copyright Registrations at Exhibit 104 are invalid. Defendants, on the other hand,
contend that such Copyright Registrations are valid
326. A judicial declaration is necessary to determine the rights and obligations of the
parties.
327. As a result, Plaintiffs seek a declaratory judgment that the Copyright Registrations
at Exhibit 104 are invalid. Plaintiffs further seek injunctive relief prohibiting Defendants from
(a) asserting the Copyright Registrations at Exhibit 104 against Plaintiffs or any third parties and
(b) acting in any manner which would cause any third party to believe that Defendants hold a
valid copyright in the Copyright Registrations at Exhibit 104.
COUNT IV False Copyright Management Information
328. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1 through 327,
above.
329. Defendant Westbound Records conveyed its name as the copyright owner of the
sound recordings, as described in 17 § U.S.C. 1202(c), on The Original Eight Mile – Westbound
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 61 of 70 Pg ID 61
62
Records: 40th Anniversary CD, which is referenced in paragraph 77 herein, by and through its
notice of copyright on the packaging of each CD which clearly states, “The copyrights in these
sound recordings are owned by Westbound Records, Inc.” (hereinafter “copyright management
information”).
330. Upon information and belief, at least Defendants Westbound Records, Nine
Records, and Mr. Boladian, knowingly and with the intent to induce, enable, facilitate, or conceal
infringement provided copyright management information that is false, in violation of 17 §
U.S.C. 1202(a).
331. Upon information and belief, at least Defendants Westbound, Nine Records, and
Mr. Boladian, knowingly and with the intent to induce, enable, facilitate, or conceal infringement
distributed copyright management information that is false, in violation of 17 § U.S.C. 1202(a).
332. Plaintiffs are entitled to and seek statutory damages for Defendants’ intentional
actions in providing and distributing false copyright management information that is false on the
infringing CD, including attorneys’ fees and costs, pursuant to 17 § U.S.C. 1203.
333. The conduct of the Defendants is causing and, unless enjoined and restrained by
this Court, will continue to cause Plaintiffs great and irreparable injury that cannot fully be
compensated or measured in money. Plaintiffs have no adequate remedy at law.
COUNT V Fraud
334. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1 through 333,
above.
335. This is a claim for fraud under Michigan common law.
336. Defendants made material representations to various third parties, including the
U.S. Copyright Office, that (i) the first date of publication of the PA Registrations at Exhibit 104
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 62 of 70 Pg ID 62
63
was January 1, 1978; (ii) Defendants were the “duly authorized agent” of Abrim Tilmon and that
Abrim Tilmon maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072
even though Mr. Tilmon had been deceased since July 6, 1982 and has been continuously
interred in the state of Michigan since shortly after his death; and (iii) Defendants were the “duly
authorized agent” of Mrs. Tilmon and that Mrs. Tilmon maintained an address at 29 Church
Street, Suite 3, Burlington, VT 05401 even though no such agency relationship ever existed and
Mrs. Tilmon has never resided or otherwise maintained a residential address at any location in
the state of Vermont.
337. Defendants’ actions and representations in commerce relating to the ABRIM
TILMON CATALOG, including in public filings before at least the U.S. Copyright Office,
regarding Abrim Tilmon’s legal status, Mrs. Tilmon’s legal status, putative agency with the
Defendants, address, date of first publication, and other respective legal rights of the parties and
the nature, quality, characteristics of either or both of the Plaintiffs’ legal rights and the
Defendants’ alleged legal rights in the ABRIM TILMON CATALOG, constituted a publication
of a false statement(s) knowing that statement to be false or acting in reckless disregard for its
truth or falsity.
338. Defendants’ made the representations and took the foregoing actions with the
intention that it would be relied upon by Plaintiffs’ as well as various third parties, including the
U.S. Copyright Office.
339. Plaintiffs, as well as various third parties, including the U.S. Copyright Office,
have relied on Defendants’ foregoing actions and representations and, as a result, Plaintiffs have
been injured.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 63 of 70 Pg ID 63
64
340. The acts of the Defendants are causing irreparable injury to the Plaintiffs.
Plaintiffs have no adequate remedy at law and said acts will continue unless restrained by this
Court.
COUNT VI Injurious Falsehood
341. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1 through 340,
above.
342. This is a claim for injurious falsehood under Michigan common law.
343. Defendants’ actions and representations in commerce relating to the ABRIM
TILMON CATALOG, including in public filings before at least the U.S. Copyright Office,
regarding Abrim Tilmon’s legal status, Mrs. Tilmon’s legal status, putative agency with the
Defendants, address, and other respective legal rights of the parties and the nature, quality,
characteristics of either or both of the Plaintiffs’ legal rights and the Defendants’ alleged legal
rights in the ABRIM TILMON CATALOG, constituted a publication of a false statement(s) to a
third party knowing that statement to be false or acting in reckless disregard for its truth or
falsity.
344. Defendants knew, or should have known, that the false publication set forth in the
preceding paragraph would likely result in pecuniary loss or in harm to the interests of the
Plaintiffs having a pecuniary value, by conveying and circulating in a public record before a
federal agency the false and misleading impression that the Defendants possess or retain some
legal rights or interests in the ABRIM TILMON CATALOG, or that third parties would need to
contract with the Defendants to obtain rights therein to the exclusion of the Plaintiffs.
345. Plaintiffs have suffered special damages and lost opportunities as a result of the
actions and conduct by Defendants.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 64 of 70 Pg ID 64
65
346. By virtue of the facts herein averred, the acts of the Defendants constitute
injurious falsehood within the meaning of the common law of the state of Michigan as they
pertain to the unlawful use and dominion over the Plaintiffs’ rights in the ABRIM TILMON
CATALOG.
347. Defendants’ unlawful and unauthorized use and dominion over the Plaintiffs’
rights in the ABRIM TILMON CATALOG has been deliberate and willful and committed with
the intent to cause confusion and mistake, and to deceive and defraud the public into believing
that the Plaintiffs somehow lacks legal rights which are superior to that of the Defendants.
348. Defendants have and/or will obtain substantial benefit from the use of, and
dominion over, the ABRIM TILMON CATALOG without Plaintiffs’ permission, consent,
and/or authorization.
349. Plaintiffs have not received appropriate compensation for the Defendants’ use and
dominion over the ABRIM TILMON CATALOG.
350. Defendants’ actions and representations in commerce have caused, or will likely
cause, a benefit to the Defendants at the expense of the Plaintiffs in that such statements and
representations to third parties convey the false and misleading impression that the Defendants
possess some legal rights or interests in the ABRIM TILMON CATALOG, which are superior to
that of Plaintiffs.
351. The acts of the Declaratory Defendants are causing irreparable injury to the
Declaratory Plaintiff. Plaintiff has no adequate remedy at law and said acts will continue unless
restrained by this Court.
COUNT VII Breach of Agency by Estoppel
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 65 of 70 Pg ID 65
66
352. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1 through 351,
above.
353. This is a claim for breach of agency by estoppel under Michigan common law.
354. The Renewal Registrations set forth herein for musical works in the ABRIM
TILMON CATALOG were issued by the U.S. Copyright Office based upon Defendants’ actions
and representations, which included statements and representations in public filings before at
least the U.S. Copyright Office that a putative agency relationship existed between Mrs. Tilmon
or her late husband, on the one hand, and Defendants, on the other hand.
355. The actions of the Defendants, including the representations made to the U.S.
Copyright Office in the Renewal Registrations set forth herein, show that the Defendants held
themselves out as being the “duly authorized agent” of Mrs. Tilmon or her late husband and that
third parties, including the U.S. Copyright Office then, relied upon, and acted in good faith to
issue the Renewal Registrations to the benefit of the Defendants based upon such claims that the
Defendants were the “duly authorized agent” of Mrs. Tilmon or her late husband.
356. By virtue of the Defendants’ own statements and claims of being the agent for
Mrs. Tilmon or her late husband, the Defendants’ own actions created an agency by estoppel
relationship wherein the Defendants owed a legal duty and/or fiduciary duty to Mrs. Tilmon
relating to at least the administration and exploitation of the Renewal Registrations.
357. Plaintiffs have suffered special damages and lost opportunities as a result of the
actions and conduct by the Defendants, which include usurping and taking any opportunities
arising from the Renewal Registrations as well as failing to apprise, inform, and account to the
Plaintiffs for any activity involving the subject matter of such Renewal Registrations.
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 66 of 70 Pg ID 66
67
358. Defendants have and/or will obtain substantial benefit from the use of, and
dominion over, the musical works at issue in this action, and especially the Renewal
Registrations which contain the claim of an agency relationship.
359. Plaintiffs have not received adequate compensation, information, and/or any type
of accounting from the Defendants’ regarding their actions in furtherance of the putative
“agency” relationship that Defendants claimed to exist in filings before the U.S. Copyright
Office.
360. The acts of the Defendants are causing irreparable injury to the Plaintiffs.
Plaintiffs have no adequate remedy at law and said acts will continue unless restrained by this
Court.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray for judgment against the Defendants, as follows: 1. On the first cause of action, a declaratory judgment (a) that Plaitniffs are the
exclusive owners of the renewal term copyrights in and to the musical works in the ABRIM
TILMON CATALOG, (b) that Plaintiffs have the exclusive rights conferred upon copyright
owners under the U.S. Copyright Act in and to the musical works in the ABRIM TILMON
CATALOG, including, without limitation, the exclusive right to exploit the musical works in the
ABRIM TILMON CATALOG, (c) that Defendants have no interest in and to the renewal term
copyrights in and to the musical works in the ABRIM TILMON CATALOG, or any right to
exploit the musical works in the ABRIM TILMON CATALOG, and (d) that any further action
by Defendants in derogation of the exclusive rights of Plaintiffs constitutes willful copyright
infringement. Plaintiffs further seek injunctive relief requiring (a) that Defendants disgorge to
Plaintiffs all benefits, monetary and non-monetary, collected by Defendants as purported
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 67 of 70 Pg ID 67
68
copyright owner and (b) that Defendants reconvey the renewal term copyrights in and to the
musical works in the ABRIM TILMON CATALOG to Plaintiffs to the extent necessary to
effectuate Plaintiffs’ rights;
2. On the second cause of action, an order that Plaintiffs be awarded damages for
Defendants’ copyright infringement as either (i) actual damages in an amount to be determined at
trial, together with Defendants’ profits derived from its unlawful infringement of Plaintiffs’
copyrighted works; or (ii) statutory damages for each act of infringement in an amount provided
by law, at Plaintiffs’ election before the entry of a final judgment;
3. On the third cause of action, a declaratory judgment that the Copyright
Registrations at Exhibit 104 are invalid. Plaintiffs further seek, as to the third cause of action,
injunctive relief prohibiting Defendants from (a) asserting the Copyright Registrations at Exhibit
against Plaintiffs or any third parties and (b) acting in any manner which would cause any third
party to believe that Defendants hold a valid copyright in the Copyright Registrations at Exhibit
104;
4. On the fourth cause of action, an order that Plaintiffs be awarded damages for
Defendant Westbound Records, Nine Records, and Mr. Boladian’s conveyance of false copyright
management information as either (i) actual damages in an amount to be determined at trial,
together with Defendants’ profits attributable to their violations of 17 § U.S.C. 1202; or (ii)
statutory damages for each violation of 17 § U.S.C. 1202, at Plaintiffs’ election before the entry
of final judgment.
5. On the fifth cause of action, damages to be determined at trial;
6. On the sixth cause of action, damages to be determined at trial;
7. On the seventh cause of action, damages to be determined at trial;
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 68 of 70 Pg ID 68
69
8. On all claims, an award of pre-judgment and post-judgment interest;
9. On all claims, an award of attorney’s fees and costs of suit incurred herein; and
10. Such other further relief as the Court may deem just and proper.
DEMAND FOR JURY TRIAL
Plaintiffs demands a jury trial for all issues so triable.
Dated: July 13, 2011 Respectfully submitted,
JANYCE H. TILMON-JONES, CATHERINE M. CARTWRIGHT, STEVEN M. TILMON, and GLOBAL ROYALTY NETWORK & PUBLISHING By: /s/ Jeffrey P. Thennisch One of their Attorneys Jeffrey P. Thennisch (P51499) DOBRUSIN & THENNISCH PC 29 W. Lawrence Street, Suite 210 Pontiac, Michigan 48342 (248) 292-2920 [email protected] Gregory J. Reed (P24750) GREGORY J. REED & ASSOCIATES PC 1201 Bagley Street Detroit, Michigan 48226 (313) 961-3580 [email protected] Attorneys for Plaintiffs
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 69 of 70 Pg ID 69
70
VERIFIED STATEMENT
I declare under penalty of perjury under the laws of the United States, pursuant to 28
U.S.C. § 1746, that the foregoing aversions in the Complaint are true and correct to the best of
my knowledge, information and belief.
Dated: July 12, 2011 By: JANYCE TILMON-JONES Dated: July 12, 2011 By: CATHERINE M. CARTWRIGHT Dated: July 12, 2011 By:
STEVEN M. TILMON
2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 70 of 70 Pg ID 70
Top Related