Goldstein V Immediate Music Universal - Fraud and Copyright Case Filed

Case 2:17-cv-07773 Document 1 Filed 10/24/17 Page 1 of 19 Page ID #:1
1 MICHAEL R. BLAHA, ESQ., State Bar No. 89209

2 LAW OFFICES OF MICHAEL R. BLAHA
2530 Wilshire Boulevard, Third Floor
3
Santa Monica, California 90403
4 Telephone: (310) 828-4847
Fax: (310) 496-2662
5
E-mail: mike@blahalaw.com
6
7 Attorneys for Plaintiff BURT GOLDSTEIN
8 UNITED STATES DISTRICT COURT

9
FOR THE CENTRAL DISTRICT OF CALIFORNIA
10
11 WESTERN DIVISION
12
BURT GOLDSTEIN, ) CASE NO.:
13 )
14 Plaintiff, ) COMPLAINT AND DEMAND FOR
vs. ) JURY TRIAL
15 )
16 IMMEDIATE MUSIC, LLC, a California )
limited liability company; YOAV GOREN, an )
17
individual; UNIVERSAL MUSIC )
18 PUBLISHING GROUP, a Delaware )
corporation; UNIVERSAL PUBLISHING )
19
PRODUCTION MUSIC, a business entity )
20 form unknown; KILLER TRACKS, a business )
21 entity form unknown; and DOES 1 through 20 )
inclusive )
22 )
23 Defendants. )
_____________________________________ )
24
25
26
27
___________________________________________________________________________________
28 COMPLAINT FOR COPYRIGHT INFRINGEMENT 1
1 Plaintiff BURT GOLDSTEIN (“Plaintiff”) complains and alleges as follows:

2
JURISDICTION AND VENUE
3
4 1. This court has subject matter jurisdiction over this action pursuant to 28
5
U.S.C. §§ 1331 and 1338(a) insofar as it as an action for copyright infringement arising
6
7 under 17 U.S.C. §§ 101, et seq. This court also has supplemental jurisdiction under 28
8 U.S.C. § 1367(a), in that the district courts shall have supplemental jurisdiction over all
9
other claims that are so related to claims in the action within such original jurisdiction
10
11 that they form part of the same case or controversy under Article III of the United States
12
Constitution.
13
14 2. This court has personal jurisdiction over each of the Defendants because
15 each of them resides in this state and transacts substantial business in this state and this
16
district, and each of them has intentionally infringed Plaintiff’s copyrights in the State of
17
18 California, including this district, causing harm that they knew would likely be suffered
19
therein.
20
21 3. Venue is proper in this court under 28 U.S.C. §§ 1391(b)(1) and 1391(b)(2)
22 and 28 U.S.C. § 1400(a).

23
THE PARTIES
24
25 4. Plaintiff is an individual who resides in Los Angeles, California.
26
27
___________________________________________________________________________________
1 5. Defendant IMMEDIATE MUSIC, LLC (“IMMEDIATE” or “IM”) is a

2
California limited liability company with its principal place of business in Santa Monica,
3
4 California.
5
6. Defendant YOAV GOREN (“GOREN”) is an individual residing in Los
6
7 Angeles County, California. GOREN is the President of IMMEDIATE.
8 7. UNIVERSAL MUSIC PUBLISHING GROUP (“UMPG”) is a Delaware

9
corporation with a principal place of business in Santa Monica, California.
10
11 8. UNIVERSAL PUBLISHING PRODUCTION MUSIC (“UPPM”) is a
12
business entity of an unknown form which Plaintiff is informed and believes, and on that
13
14 basis alleges, is a subsidiary of UMPG. UPPM has a principal place of business in Santa
15 Monica, California.
16
9. KILLER TRACKS (“KILLER”) is a business entity of an unknown form
17
18 which Plaintiff is informed and believes, and on that basis alleges, is a subsidiary of
19
UMPG. KILLER has a principal place of business in Santa Monica, California.
20
21 10. The true names and capacities, whether corporate, associated, or otherwise,
22 of Defendant DOES 1 through 20, inclusive, are presently unknown to Plaintiff, who,
23
therefore, sues these Defendants by these fictitious names. Plaintiff will amend this
24
25 Complaint to show their true names and capacities when they are ascertained. Plaintiff is
26
27
___________________________________________________________________________________
1 informed and believes, and on that basis alleges, that at all times mentioned herein, each
2
Defendant, including each fictitiously-named Defendant, was responsible for Plaintiff’s
3
4 damages as alleged hereinafter.
5
FACTS COMMON TO ALL CAUSES OF ACTION
6
7 11. Plaintiff is an award-winning composer and orchestrator with a Ph.D. in
8 Music from the Department of Music at UCLA. He composes music in a wide variety
9
of styles, and many of his compositions have been used in television commercials,
10
11 television programs, and motion picture trailers.
12
12. Plaintiff composed and owns the copyright in twenty-two (22) compositions
13
14 which are at issue in this case (“Compositions”). Since 1998, Plaintiff entered into a
15 series of written agreements with Defendant IMMEDIATE (“Agreements”) whereby

16
Plaintiff granted IMMEDIATE the right to enter into synchronization licenses with third
17
18 parties who themselves were going to use the Compositions by “synching” them to
19
various video productions, and to “negotiate and set” the license fees to be paid to
20
21 IMMEDIATE by said third parties (“Licensing Right”). In return, IMMEDIATE agreed
22 to pay to Plaintiff a percentage share of the license fees (“License Fee Share”) which
23
IMMEDIATE collected from said third parties.
24
25 ///
26
27
___________________________________________________________________________________
1 13. The Agreements for most of the Compositions are on identical forms
2
entitled “Agreement” and granted IMMEDIATE the Licensing Right non-exclusively,
3
4 but for some of the Compositions (indicated with an asterisk in the Compositions Table
5
in paragraph 16 below), the Licensing Right was granted exclusively using a slightly
6
7 different template entitled “Music Publishing Administration Agreement.”
8 14. Plaintiff has obtained copyright registrations for all but one of the
9
Compositions, and has applied for registration for that one (and once that registration is
10
11 obtained, Plaintiff will seek leave of this Court to allege the registration number for that
12
Composition.). The table in paragraph 16 below lists the Compositions by: (a) the title
13
14 used by the parties in the corresponding Agreement; (b) the title under which the
15 Composition was registered (c) the corresponding copyright registration numbers for
16
each Composition (other than the one Composition that is labeled “Application
17
18 pending”); and (d) the date of the Agreement by which Plaintiff granted IMMEDIATE
19
the Licensed Rights for the Composition(s) (“Compositions Table”).
20
21 15. COMPOSITIONS TABLE:
22 Name on IM Contract Name on Copyright Copyright # IM Contract date

23
8/1/03
24 A Boy and his Bike BIKE 120202 SRu551-790
10/1/09
25 Can't Say Goodbye Saying Goodbye PAu3-573-495
8/1/01
26 Cardinal Sin Body Shots SRu 431-898
27
___________________________________________________________________________________
1 4/20/11
Coraline* Coraline PAu3-573-495
2 9/1/12
Glass's Ass* Glass's Ass SRu 1-098-867
3
8/1/01
4 Golden Opportunity Illumination From Below SRu 488-872
4/20/11
5 Hotel for Dogs* Hotel for Dogs PAu3-573-495
9/1/12
6 Impish v7* Impish SRu 1-098-867
4/20/11
7 Inkheart* Inkheart PAu3-573-495
12/1/99
8 Mrs. Cavendish Mrs. Cavendish SRu 431-898
9 Adventures Through Time 4/20/11
Planet51* 2014 SRu 1-166-207
10 12/25/98
Point of No Return Dark Waters SRu 400-443
11 4/20/11
Riding Hood Fears* Riding Hood Fears Forest PAu3-573-495
12 8/1/01
Solitary Time Alone SRu 488-872
13
8/1/01
14 Storming the Gates Storm the City SRu 488-872
12/1/99
15 Summer Dream Summer Dream SRu 431-898
12/1/99
16 Tea for Three Tea for Three SRu 400-443
4/7/05
17 The Rising Empire March to Battle SRu 575-455
4/7/05
18 Timburton Hollow Choral 1 SRu551-790
19 4/20/11
Walking in Circles* Walking in Circles PAu3-573-495
20 pending (filed 4/20/11
Waterhorse* Waterhorse 3/2017)
21 10/1/09
22 You Can't Go Back Peace Prayer 1 SRu 660-318
23
16. None of the Agreements granted IMMEDIATE the right to sub-license its
24
25 Licensing Right for any Composition (“Sub-Licensing Right”) to some other third party
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___________________________________________________________________________________
1 music licensing company (“Sub-Licensee”) by which said Sub-Licensee might then

2
license the Composition for end use by yet another entity.
3
4 17. Notwithstanding the fact that none of the Agreements granted IMMEDIATE
5
a Sub-Licensing Right in any of the Compositions, and Plaintiff never otherwise granted
6
7 such a Sub-Licensing Right or authorization to IMMEDIATE, IMMEDIATE has
8 nevertheless purported to exercise Sub-Licensing Rights in each of the Compositions.

9
18. Specifically, IMMEDIATE has entered into illegal and unauthorized
10
11 agreements with one or more Sub-Licensees, including but not limited to, Defendants
12
UMPG, UPPM, Killer and DOES 11 through 15 (“Sub-Licensee Defendants”),
13
14 purporting to grant those Sub-Licensee Defendants Licensing Rights in the
15 Compositions that the Agreements expressly provided could only be exercised by

16
IMMEDIATE. The Sub-Licensee Defendants have in turn granted synchronization
17
18 licenses for Plaintiff’s Compositions to third parties without having any authority or
19
right to do so.
20
21 FIRST CLAIM FOR RELIEF
(Direct Copyright Infringement Under 17 U.S.C. §501 Against Defendants
22 IMMEDIATE and DOES 1-10)
23
19. Plaintiff repeats and incorporates by reference paragraphs 1 through 18,
24
25 inclusive, as though fully set forth herein.
26
27
___________________________________________________________________________________
1 20. As owner of the copyrights in the Compositions, Plaintiff is the sole and
2
exclusive owner, pursuant to 17 U.S.C. §106, of the right to reproduce, prepare
3
4 derivative works based upon, distribute copies of, and publicly perform or display the
5
Compositions, and to authorize others to do so (“Exclusive Rights”).
6
7 21. Defendants have intentionally, knowingly, and wrongfully violated
8 Plaintiff’s Exclusive Rights in the Compositions by wrongfully entering into illegal

9
agreements with Sub-Licensees, including but not limited to the Sub-Licensee
10
11 Defendants, beyond the scope of the Licensing Right in the Compositions which Plaintiff
12
granted IMMEDIATE in the Agreements.
13
14 22. As a direct and proximate result of Defendants’ aforementioned wrongful
15 conduct and infringement of Plaintiff’s Exclusive Rights under copyright in and to the
16
Compositions, Plaintiff has sustained and will continue to sustain actual damages.
17
18 Plaintiff is entitled to recover such actual damages from Defendants plus Defendants’
19
actual profits from such infringement, as will be proven at trial. Alternatively, at
20
21 Plaintiff’s election, Plaintiff is entitled to the maximum statutory damages for such
22 infringement as permitted by 17 U.S.C. § 504(c).

23
23. Defendants’ acts have caused and will continue to cause substantial
24
25 irreparable harm to Plaintiff. Unless Defendants are enjoined from engaging in their
26
27
___________________________________________________________________________________
1 wrongful conduct, Plaintiff will suffer further irreparable harm, for which he has no
2
adequate remedy at law. Accordingly, Plaintiff is entitled to an injunction against
3
4 Defendants’ continuing to exercise any existing Sub-Licensing Rights and from entering
5
into any agreements with new Sub-Licensees under 17 U.S.C. § 502.
6
7 24. In addition, Plaintiff is entitled to his attorney’s fees and costs under 17
8 U.S.C. § 505.
9
SECOND CLAIM FOR RELIEF
10
(Direct Copyright Infringement Under 17 U.S.C. §501 Against Defendants UMPG,
11 UPPM, KILLER and DOES 11-15)
12
13 25. Plaintiff repeats and incorporates by reference paragraphs 1 through 18, and
14
20 through 24, inclusive, as though fully set forth herein.
15
16 26. Because IMMEDIATE had no right to grant any Licensing Rights in the
17
Compositions to any Sub-Licensee, the Sub-Licensee Defendants had no right to license
18
any rights in the Compositions to third parties. Therefore, the Sub-Licensee Defendants
19
20 have intentionally, knowingly, and wrongfully violated Plaintiff’s Exclusive Rights in
21
the Compositions by wrongfully entering into illegal agreements with third parties for
22
23 use of the Compositions.
24
27. As a direct and proximate result of Sub-Licensee Defendants’
25
aforementioned wrongful conduct and infringement of Plaintiff’s Exclusive Rights in
26
27
___________________________________________________________________________________
1 and to the Compositions, Plaintiff has sustained and will continue to sustain actual
2
damages. Plaintiff is entitled to recover such actual damages from Defendants plus
3
4 Defendants’ actual profits from such infringement, as will be proven at trial.
5
Alternatively, at Plaintiff’s election, Plaintiff is entitled to the maximum statutory
6
7 damages for such infringement as permitted by 17 U.S.C. § 504(c).
8 28. Sub-Licensee Defendants’ acts have caused and will continue to cause
9
substantial irreparable harm to Plaintiff. Unless Sub-Licensee Defendants are enjoined
10
11 from engaging in their wrongful conduct, Plaintiff will suffer further irreparable harm,
12
for which he has no adequate remedy at law. Accordingly, Plaintiff is entitled to an
13
14 injunction against Sub-Licensee Defendants’ continuing to license any rights in the
15 Compositions under 17 U.S.C. § 502.

16
29. In addition, Plaintiff is entitled to his attorney’s fees and costs under 17
17
18 U.S.C. § 505.
19
THIRD CLAIM FOR RELIEF
20 (Contributory Copyright Infringement Under 17 U.S.C. §501 Against Defendant
21 GOREN and DOES 16-20)
22
23 30. Plaintiff repeats and incorporates by reference paragraphs 1 through 18, 20
24
through 24, and 26 through 29, inclusive, as though fully set forth herein.
25
31. Defendant GOREN was aware of Defendant IMMEDIATE’s infringement
26
27
___________________________________________________________________________________
1 of Plaintiff’s Exclusive Rights in the Compositions as hereinabove alleged. Moreover,

2
by personally negotiating the infringing agreements with Sub-Licensees, GOREN
3
4 induced, caused and materially contributed to said infringing activity.
5
32. Defendant GOREN is therefore liable to Plaintiff for contributory copyright
6
7 infringement of the Compositions. As a direct and proximate result of Defendant
8 GOREN’S contributory infringement of Plaintiff’s Exclusive Rights in and to the

9
Compositions, Plaintiff has sustained and will continue to sustain actual damages.
10
11 Plaintiff is entitled to recover such actual damages from Defendant GOREN plus
12
Defendant GOREN’S actual profits from such infringement, as will be proven at trial.
13
14 Alternatively, at Plaintiff’s election, Plaintiff is entitled to the maximum statutory
15 damages for such infringement as permitted by 17 U.S.C. § 504(c).

16
33. Defendant GOREN’s acts have caused and will continue to cause
17
18 substantial irreparable harm to Plaintiff. Unless Defendant GOREN is enjoined from
19
engaging in his wrongful conduct, Plaintiff will suffer further irreparable harm, for
20
21 which he has no adequate remedy at law. Accordingly, Plaintiff is entitled to an
22 injunction against Defendant GOREN’S contributory infringement of the Compositions

23
under 17 U.S.C. § 502.
24
25
26
27
___________________________________________________________________________________
1 34. In addition, Plaintiff is entitled to ihis attorney’s fees and costs under 17
2
U.S.C. § 505.
3
4 FOURTH CLAIM FOR RELIEF
(Breach of Contract Against Defendant IMMEDIATE and DOES 1-10)
5
6
7 35. Plaintiff repeats and incorporates by reference paragraphs 1 through 18, 20
8 through 24, 26 through 29, and 31 through 34, inclusive, as though fully set forth herein.
9
36. The Agreements did not grant Defendant IMMEDIATE the right to convey
10
11 the Licensing Rights to Sub-Licensees.
12
37. Plaintiff has performed all of his obligations under the Agreements, except
13
14 to the extent Defendant IMMEDIATE’s breaches thereof have excused said
15 performance.
16
38. Defendant IMMEDIATE has committed numerous breaches of the
17
18 Agreements, including but not limited to (a) conveying Licensing Rights in the
19
Compositions to Sub-Licensees beyond the scope of the license which Plaintiff granted
20
21 to Defendant pursuant to the Agreements;(b) paying Plaintiff his License Fee Shares
22 based on the net license fees IMMEDIATE received from Sub-Licensees rather than
23
based on the gross license fees which said Sub-Licensees received from their
24
25
26
27
___________________________________________________________________________________
1 unauthorized licensing of the Compositions; and (c) concealing such underpayments by

2
failing to report or account for the reduced fees caused by the unauthorized sub-licenses.
3
4 39. As a proximate result of Defendant IMMEDIATE’s aforesaid breaches of
5
the Agreements, Plaintiff has been damaged in an amount to be proven at trial, plus
6
7 interest at the maximum rate permissible by law.
8 40. Plaintiff is entitled to his attorneys’ fees and costs under the Agreements.
9
FIFTH CLAIM FOR RELIEF
10
(Breach of the Implied Covenant of Good Faith and Fair Dealing Against
11 Defendant IMMEDIATE and DOES 1-10)
12
13 41. Plaintiff repeats and incorporates by reference paragraphs 1 through18, 20
14
through 24, 26 through 29, 31 through 34, and 36 through 40, inclusive, as though fully
15
16 set forth herein.
17
42. An implied covenant of good faith and fair dealing arose by operation of
18
law in the Agreements which required Defendant IMMEDIATE to act with fairness and
19
20 good faith toward Plaintiff, and required Defendant IMMEDIATE to not take any steps
21
to prevent Plaintiff from reaping the benefits of the Agreements. The covenant further
22
23 required Defendant IMMEDIATE to refrain from any needless injury or damage to
24
Plaintiff.
25
///
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1 43. Defendant IMMEDIATE willfully breached the implied covenant of good

2
faith and fair dealing which arose in the Agreements by concealing the fact that it had
3
4 entered into agreements with Sub-Licensees when it rendered statements to Plaintiff and
5
otherwise misrepresented the nature and calculation of Plaintiff’s License Fee Shares
6
7 paid to Plaintiff on the Compositions pursuant to the Agreements.
8 44. As a proximate result of Defendant IMMEDIATE’s aforesaid breaches of

9
the Agreements, Plaintiff has been damaged in an amount to be proven at trial, plus
10
11 interest at the maximum rate permissible by law.
12
45. Plaintiff is entitled to his attorneys’ fees and costs under the Agreements.
13
14 SIXTH CLAIM FOR RELIEF
(Fraudulent Inducement Against Defendants IMMEDIATE, GOREN and DOES 1-
15 10)
16
17
46. Plaintiff repeats and incorporates by reference paragraphs 1 through 18, 20
18
through 4, 26 through 29, 31 through 34, 36 through 40, and 42 through 45, inclusive, as
19
20 though fully set forth herein.
21
47. In or around 2008 and continuing thereafter, Defendants falsely and
22
23 fraudulently represented to Plaintiff with respect to Agreements entered into after that
24
date that Defendant IMMEDIATE would not exercise any non-existent Sub-Licensing
25
Right by sub-licensing the Compositions to Sub-Licensees but, instead, would only enter
26
27
___________________________________________________________________________________
1 into agreements granting synchronization licenses for the Compositions directly to third
2
parties who would exploit the Compositions themselves by synching the Compositions
3
4 with video productions, as authorized by said Agreements. Defendants further
5
fraudulently misrepresented and concealed IMMEDIATE’s wrongful exercise of non-
6
7 existent Sub-Licensing Rights and payment to Plaintiff of wrongfully reduced License
8 Fee Shares for such unauthorized sub-licenses by issuing Plaintiff accounting statements
9
which misrepresented or purposefully obscured the source and nature of the license fees
10
11 it was receiving from Sub-Licensees (collectively, “Material Misrepresentations and
12
Concealments”).
13
14 48. The Material Misrepresentations and Concealments were false. The true
15 facts were that Defendants always intended to sub-license Plaintiff’s Compositions and
16
pay Plaintiff his License Fee Shares on the net license fees they received from
17
18 unauthorized Sub-Licensees.
19
49. When Defendants made the Material Misrepresentations and Concealments,
20
21 they knew them to be false. Defendants made the Material Misrepresentations and
22 Concealments with the intent to defraud and deceive Plaintiff and induce him into
23
entering into additional Agreements. At the time the Material Misrepresentations and
24
25 Concealments were made by Defendants, Plaintiff did not know the Material
26
27
___________________________________________________________________________________
1 Misrepresentations and Concealments were false and believed them to be true. In

2
justifiable reliance on the Material Misrepresentations and Concealments, Plaintiff
3
4 entered into the Agreements.
5
50. Plaintiff did not learn of, and could not have through the exercise of
6
7 reasonable diligence learned of, the factual basis for his fraudulent inducement claim
8 until less than three years before the filing of this Complaint.
9
51. As a proximate result of Defendants' fraud and deceit and the facts herein
10
11 alleged, Plaintiff has been damaged in a sum to be proven at trial, plus interest at the
12
maximum rate permissible by law.
13
14 52. The wrongful conduct of Defendants hereinabove alleged constituted
15 despicable conduct that subjected Plaintiff to cruel and unjust hardship insofar as
16
Defendants defrauded Plaintiff with the intent of enriching themselves at his expense.
17
18 Defendants’ Material Misrepresentations and Concealments to Plaintiff deprived him of
19
License Fee Shares and control over his copyrights in the Compositions, and otherwise
20
21 caused injury to Plaintiff and his property in conscious disregard of Plaintiff’s rights, so
22 as to justify an award of punitive damages against Defendants.

23
53. Plaintiff is entitled to his attorneys’ fees and costs under the Agreements.
24
25
26
27
___________________________________________________________________________________
1 PRAYER FOR RELIEF

2
Wherefore, Plaintiff prays that this court enter judgment against Defendants,
3
4 jointly and severally, as follows:
5
On The First, Second, and Third Claims for Relief:
6
7 1. Preliminarily and permanently enjoining Defendants from the wrongful
8 conduct hereinabove alleged;

9
2. For an award of damages which Plaintiff has sustained due to Defendants’
10
11 acts of copyright infringement and to account and pay to Plaintiff all of Defendants’
12
gains, direct and indirect profits, advantages and benefits derived by Defendants by
13
14 reason of their acts of copyright infringement; or, at Plaintiff’s election, maximum
15 statutory damages as permitted by 17 U.S.C. § 504(c) for Defendants’ acts of copyright

16
infringement; and
17
18 3. Plaintiff’s reasonable attorney’s fees and costs.
19
On The Fourth and Fifth Claims for Relief:
20
21 4. Damages according to proof at trial;
22 5. Plaintiff’s reasonable attorney’s fees and costs.

23
On the Sixth Claim for Relief:
24
25 6. Damages according to proof at trial;
26
27
___________________________________________________________________________________
1 7. Plaintiff’s reasonable attorney’s fees and costs; and

2
8. Punitive damages;
3
4 On All Claims for Relief:
5
9. Pre-judgment and post-judgment interest in the maximum amount
6
7 permissible under the law; and
8 10. Such other and further relief as the court deems just and proper.
9
DATED: October 24, 2017 LAW OFFICES OF MICHAEL R. BLAHA
10
11
By: /s/ Michael R. Blaha
12
MICHAEL R. BLAHA
13 Attorneys for Plaintiff
14 BURT GOLDSTEIN
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1 DEMAND FOR JURY TRIAL

2
Plaintiff hereby demands a trial by jury.
3
4 DATED: October 24, 2017 LAW OFFICES OF MICHAEL R. BLAHA
5
6 By: /s/ Michael R. Blaha
7 MICHAEL R. BLAHA
Attorneys for Plaintiff
8 BURT GOLDSTEIN
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Goldstein V Immediate Music Universal - Fraud and Copyright Case Filed

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Case 2:17-cv-07773 Document 1 Filed 10/24/17 Page 1 of 19 Page ID #:1

1 MICHAEL R. BLAHA, ESQ., State Bar No. 89209

8 UNITED STATES DISTRICT COURT

1 Plaintiff BURT GOLDSTEIN (“Plaintiff”) complains and alleges as follows:

22 and 28 U.S.C. § 1400(a).

1 5. Defendant IMMEDIATE MUSIC, LLC (“IMMEDIATE” or “IM”) is a

8 7. UNIVERSAL MUSIC PUBLISHING GROUP (“UMPG”) is a Delaware

15 series of written agreements with Defendant IMMEDIATE (“Agreements”) whereby

22 Name on IM Contract Name on Copyright Copyright # IM Contract date

1 music licensing company (“Sub-Licensee”) by which said Sub-Licensee might then

8 nevertheless purported to exercise Sub-Licensing Rights in each of the Compositions.

15 Compositions that the Agreements expressly provided could only be exercised by

8 Plaintiff’s Exclusive Rights in the Compositions by wrongfully entering into illegal

22 infringement as permitted by 17 U.S.C. § 504(c).

15 Compositions under 17 U.S.C. § 502.

1 of Plaintiff’s Exclusive Rights in the Compositions as hereinabove alleged. Moreover,

8 GOREN’S contributory infringement of Plaintiff’s Exclusive Rights in and to the

15 damages for such infringement as permitted by 17 U.S.C. § 504(c).

22 injunction against Defendant GOREN’S contributory infringement of the Compositions

1 unauthorized licensing of the Compositions; and (c) concealing such underpayments by

1 43. Defendant IMMEDIATE willfully breached the implied covenant of good

8 44. As a proximate result of Defendant IMMEDIATE’s aforesaid breaches of

1 Misrepresentations and Concealments were false and believed them to be true. In

22 as to justify an award of punitive damages against Defendants.

1 PRAYER FOR RELIEF

8 conduct hereinabove alleged;

15 statutory damages as permitted by 17 U.S.C. § 504(c) for Defendants’ acts of copyright

22 5. Plaintiff’s reasonable attorney’s fees and costs.

1 7. Plaintiff’s reasonable attorney’s fees and costs; and

1 DEMAND FOR JURY TRIAL

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