JS 44C/SDNYREV. 4/2014

CIVIL COVER SHEET X4,OL.446The JS-44 civil cover sheetandtheinformation contained herein neither replace noj,pleadingsor other papers as required bylaw,except as provided by local rules of court. This form, approved by theJudicial Conference of the United States in September 1974, is required for use of the Clerk of Court for the purpose ofinitiating the civildocket sheet.

PLAINTIFFS 'JUDGE ORG*. VLee Oskar Levitinp/k/a Lee Oskar, as an individual and d/b/a Ikke-BadMusic; Greg Errico, as an individual and d/b/a Radio Active MaterialPublishing Company; and Keri Okar, an individualATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBERFreundlich LawKenneth D. Freundlich, Esq.16133 Ventura Blvd., Suite 1270Encino, CA 91436 DCAUSE OF ACTION (CITE THE U.S: CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OF CAUSE)

(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)Copyright infringement under U.S. Copyright Act (17 U.S.C. 101, et seq.) and various foreign copyright laws

DEFENDANTSSony Music Entertainment, a wholly-owned subsidiary of Sony Corporation ofAmerica, a New York corporation; et al.

ATTORNEYS (IF KNOWN)

'"JUN 2 02014

Has this action, case, or proceeding, or one essentially the same been previously filed in SDNY at any time? Nd2JYesQjudge Previously AssignedIf yes, was this case Vol. [] Invol. Dismissed. No Yes If yes, give date &Case No.IS THISAN INTERNATIONAL ARBITRATION CASE?

(PLACE AN [x]IN ONE BOX ONLY)TORTS

No 0 Yes NATURE OF SUIT

CONTRACT PERSONAL INJURY

]310 AIRPLANE]315 AIRPLANEPRODUCT

LIABILITY]320 ASSAULT, LIBEL a

SLANDER)330 FEDERAL

EMPLOYERS'LIABILITY

)340 MARINE)345 MARINE PRODUCT

LIABILITY)350 MOTOR VEHICLE1355MOTOR VEHICLE

PRODUCT LIABILITY]360 OTHER PERSONAL

INJURY ^]362 PERSONALINJURY -

MED MALPRACTICE

FORFEITURE/PENALTY

[] 625 DRUG RELATEDSEIZURE OF PROPERTY

21 USC 881[) 690 OTHER

PERSONAL INJURY[ J367 HEALTHCARE/PHARMACEUTICAL PERSONALINJURY/PRODUCT LIABILITY[ ) 365 PERSONAL INJURY

PRODUCT LIABILITY[ J368ASBESTOSPERSONAL

INJURY PRODUCTLIABILITY

PERSONAL PROPERTY

[ 1370 OTHER FRAUD[ 1371 TRUTH INLENDING

[]110[]1201113011140

(1150

] 151)152

1153

[J 160

11190

[J 195

INSURANCEMARINEMILLER ACTNEGOTIABLEINSTRUMENTRECOVERY OFOVERPAYMENT &ENFORCEMENTOF JUDGMENTMEDICARE ACTRECOVERY OFDEFAULTEDSTUDENT LOANS(EXCLVETERANS)RECOVERY OFOVERPAYMENT -OF VETERAN'SBENEFITSSTOCKHOLDERSSUITSOTHERCONTRACTCONTRACTPRODUCTLIABILITY

196 FRANCHISE

[ J380 OTHERPERSONALPROPERTY DAMAGE

[ ]385 PROPERTY DAMAGEPRODUCT LIABILITY

PRISONER PETITIONS[ ]463 ALIEN DETAINEE[ )510 MOTIONSTO

VACATE SENTENCE28 USC 2255

[ ]530 HABEAS CORPUS[ ]535 DEATHPENALTY[ ]540 MANDAMUS &OTHER

REAL PROPERTY

ACTIONS UNDER STATUTES

CIVIL RIGHTS

[ ]440 OTHER CIVIL RIGHTS(Non-Prisoner)

( )441 VOTING[ 1442 EMPLOYMENT( ]443 HOUSING/

ACCOMMODATIONS[] 445 AMERICANSWITH

DISABILITIES -EMPLOYMENT

[ ]446 AMERICANSWITHDISABILITIES -OTHER

I 1 44B EDUCATION

LABOR

[ J710 FAIR LABORSTANDARDS ACT

[ ]720 LABOR/MGMTRELATIONS .

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

LITIGATION[ J791EMPLRETINC

SECURITY ACT

IMMIGRATION

[ ]462 NATURALIZATIONAPPLICATION

[ ) 465 OTHER IMMIGRATIONACTIONS

11210

[ ]220( ]230

[ J240[]245

( ]290

LANDCONDEMNATIONFORECLOSURERENT LEASESEJECTMENTTORTS TO LANDTORT PRODUCTLIABILITYALL OTHERREAL PROPERTY

Check ifdemandedincomplaint:

CHECK IF THIS IS ACLASS ACfIONUNDER F..R.C.P. 23

PRISONER CIVIL RIGHTS

[ ]550 CIVILRIGHTS[ )555 PRISON CONDITION[ ]560 CIVIL DETAINEE

CONDITIONS OF CONFINEMENT

ACTIONS UNDER STATUTES

BANKRUPTCY

[ ]422 APPEAL28 USC 158

[ )423 WITHDRAWAL28 USC 157

PROPERTY RIGHTS

|X)820 COPYRIGHTS| ) 830 PATENT| ]840 TRADEMARK

SOCIAL SECURITY

[ J861 HIA(1395ff)[ ]862 BLACK LUNG(923)( ]863 DIWC/DIWW (405(g))( ) 864 SSID TITLE XVI[ )865 RSI (405(g))

FEDERAL TAX SUITS

[ ) 870 TAXES (U.S. PlaintifforDefendant)

[ J871 IRS-THIRDPARTY26 USC 7609

OTHER STATUTES

375 FALSE CLAIMS400 STATE

REAPPORTIONMENT410 ANTITRUST430 BANKS & BANKING450 COMMERCE460 DEPORTATION470 RACKETEER INFLU

ENCED 8 CORRUPTORGANIZATION ACT(RICO)

480 CONSUMER CREDIT490 CABLE/SATELLITE TV

H

11

[ ) 850 SECURITIES/COMMODITIES/EXCHANGE

[ ]890 OTHER STATUTORYACTIONS

[ ]891 AGRICULTURALACTS

( )893 ENVIRONMENTALMATTERS

( ]895 FREEDOM OFINFORMATION ACT

[ J 896 ARBITRATION[ ] 899 ADMINISTRATIVE

PROCEDURE ACT/REVIEW OFAPPEAL OF AGENCY DECISIO

[ J950 CONSTITUTIONALITY 0STATE STATUTES

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

DOCKET NUMBER .JUDGEDEMAND l3x 0W]000 OTHER.Check YES onlyifdemanded incomplaintJURY DEMAND: S YES OslO NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32;

^%

(PLACE AN x IN ONE BOX ONLY) ORIGINII 2 Removed from

State Court

| | 3. all parties represented| | b. At least one

party Is prose.

(PLACEAN x IN ONEBOXONLY) BASIS OF JURISDICTION 1 US PLAINTIFF Q2 U.S. DEFENDANT [x] 3 FEDERAL QUESTION [~J4 DIVERSITY

(U.S. NOTA PARTY)

[El 1 OriginalProceeding

D 3 Remanded D 4 Reinstated or Q5 Transferred from 6 Multidistrictfrom Reopened (Specify District) LitigationAppellateCourt

7 Appeal to DistrictJudge fromMagistrate JudgeJudgment

IF DIVERSITY, INDICATECITIZENSHIP BELOW.

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

PTF DEFCITIZEN OF THIS STATE []1 [J1

CITIZEN OF ANOTHER STATE [ ] 2 [ ] 2

CITIZEN OR SUBJECT OF AFOREIGN COUNTRY

PTF DEF[]3[]3

PTF DEFINCORPORATED and PRINCIPAL PLACE [ ] 5 [ ] 5OF BUSINESS IN ANOTHER STATE

INCORPORATEDor PRINCIPAL PLACE [ ] 4 [ ] 4OF BUSINESS IN THIS STATE

PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)All care of:Freundlich Law1270 Ventura Blvd. Ste, 1270Encino, CA 91436Attn: Kenneth D. Freundlich, Esq.

DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)See Attachment A

FOREIGN NATION [ ]6 [ ]6

DE^^S^^^^fSSSEJW# ATTORNjjfoF REjCjJRb f/J / ADMITTED TO PRACTICE IN THIS DISTRICT[Xj YES (DATE ADMITTED Mo. Yr.1988 )

RECEIPT* ~ Attorney Bar Code #2200897

DATE%/nhiMagistrate Judge is to be designated by the Clerk ofthe Court.

Magistrate Judge

Ruby J. Krajick, Clerk of Court by. Deputy Clerk, DATED.

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

is so Designated.

^ ^fc

ATTACHMENT A TO CIVIL COVER SHEET

Lee Oskar Levitin p/k/a Lee Oskar, as an individual and d/b/a Ikke-Bad Music; GregErrico, as an individual and d/b/a Radio Active Material Publishing Company; and Keri

Okar, an individual v. Sony Music Entertainment, a wholly-owned subsidiary of SonyCorporation of America, a New York corporation; et al.

DEFENDANT(S) ADDRESSfES) AND COUNTY(IES)

(1) Sony Music Entertainment550 Madison Ave.New York, NY 10022New York County

(2) Polo Grounds Music, Inc.62 Pyngyp RoadStony Point, NY 10980Rockland County

(3) Mr. 305, Inc.2100 Ponce De Leon Blvd., Suite 1045Coral Gables, FL 33134

(4) Sony Music Entertainment Canada Inc.150FerrandDr.North York, ON M3C 3E5, Canada

(5) Sony Music Entertainment UK9 Deny St.London W8 5HY, United Kingdom

(6) Sony Music Entertainment Germany GmbHBalanstraBe 73, Haus 3181541 Munich, Germany

(7) Sony Music Entertainment Australia Ltd.11-19 Hargrave StEast SydneyNSW2010, Australia

(8) Sony Music Entertainment Italy s.p.a.Via Amedei, 9Milan, Italy 20123

(9) Sony Music Entertainment Mexico, S.A. De C.V.Periferico Blvd. Manuel Avila Camacho 191Polanco, Miguel Hidalgo11510 Ciudad de Mexico, Distrito Federal, Mexico

ATTACHMENT A TO CIVIL COVER SHEET cont'd.

Lee Oskar Levitin p/k/a Lee Oskar, as an individual and d/b/a Ikke-Bad Music; GregErrico, as an individual and d/b/a Radio Active Material Publishing Company; and Keri

Okar, an individual v. Sony Music Entertainment, a wholly-owned subsidiary of SonyCorporation of America, a New York corporation; et al.

(10) Sony Music Entertainment Espana, S.L.Av Madronos, 2728043 Madrid, Spain

(11) Sony Music Entertainment France52/54 rue de Chateaudun75342 Paris Cedex 09France

4>

UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK

LEE OSKAR LEVITIN p/k/a LEE OSKAR, as anindividual and d/b/a IKKE-BAD MUSIC; GREGERRICO, as an individual and d/b/a RADIOACTIVE MATERIAL PUBLISHING COMPANY;and KERI OSKAR, an individual,

Plaintiffs,

-against-

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Civil Action No.

COMPLAINT

JURY TRIAL DEMANDED

JUDGE CROTTY

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SONY MUSIC ENTERTAINMENT, a wholly-owned subsidiary of SONY CORPORATION OFAMERICA, a New York corporation; MR. 305,INC., a Florida corporation; POLO GROUNDSMUSIC, INC., a New York corporation; SONYMUSIC ENTERTAINMENT CANADA INC., aCanadian corporation; SONY MUSICENTERTAINMENT UK, a British entity ofunknown form; SONY MUSICENTERTAINMENT GERMANY GMBH, aGerman limited liability company; SONY MUSICENTERTAINMENT AUSTRALIA, LTD., anAustralian limited company; SONY MUSICENTERTAINMENT ITALY, S.P.A. an Italiancorporation; SONY MUSIC ENTERTAINMENTMEXICO S.A. DE C.V., a Mexican corporation;SONY MUSIC ENTERTAINMENT ESPANA,S.L., a Spanish limited liability company; SONYMUSIC ENTERTAINMENT KOREA INC., aSouth Korean corporation; and SONY MUSICENTERTAINMENT FRANCE, a French entity ofunknown form,

Defendants.

14 CV 4461

Plaintiffs Lee Oskar Levitin p/k/a Lee Oskar, as an individual and d/b/a Ikke-Bad Music,

Greg Enico, as an individual and d/b/a Radio Active Material Publishing Company, and Keri

Oskar (collectively, "Plaintiffs"), by and through their attorneys Freundlich Law, for their

Complaint against Sony Music Entertainment ("Sony"), a wholly-owned subsidiary of Sony

% ' ' $

Corporation of America, Mr. 305, Inc. ("Mr. 305"), Polo Grounds Music, Inc. ("Polo Grounds")

(collectively, "DomesticDefendants," and each a "Domestic Defendant") and against Sony's

foreign affiliates Sony Music Entertainment Canada Inc. ("Sony Canada"), Sony Music

Entertainment UK ("Sony UK"), Sony Music Entertainment Germany GmbH ("Sony

Germany"), Sony Music Entertainment Australia, Ltd. ("Sony Australia"), Sony Music

Entertainment Italy s.p.a. ("Sony Italy"), Sony Music Entertainment Mexico S.A. de C.V. ("Sony

Mexico"), Sony Music Entertainment Espana, S.L. ("Sony Spain"), Sony Music Entertainment

Korea Inc. ("Sony SouthKorea"), and Sony Music Entertainment France ("Sony France")

(collectively, "Sony Affiliate Defendants," and each a "Sony Affiliate Defendant") ("SonyAffiliate Defendants" and "Domestic Defendants" are sometimes collectively refened to herein

as "Defendants," and each as a "Defendant"), allege as follows:

Summary of Case

1. This case involves copyright infringement by virtue of Defendants' international

exploitation of the chart-topping song, "Timber," recorded by rapper Armando Christian Perez

(p/k/a Pitbull) ("Pitbull") and featuring Kesha Sebert (p/k/a Kesha) ("Kesha"). "Timber"contains without Plaintiffs' authorization, portions of Plaintiffs' musical composition, "San

Francisco Bay" (including, inter alia, the distinctive melody and catchy harmonica riff).Domestic Defendants' unauthorized worldwide exploitation is unlawful under United States

copyright law because Domestic Defendants' actions, undertaken and/or initiated from the

United States, infringe Plaintiffs' exclusive rights under 17 U.S.C. 106. Moreover, the Sony

Affiliate Defendants have violatedthe copyright laws (including Plaintiffs' moral rights afforded

thereby) of the Sony Affiliate Defendants' respective foreign tercitories by, among things,reproducing anddistributing "Timber" within their respective foreign territories without

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Plaintiffs' consent. By this lawsuit, Plaintiffs seek, inter alia, disgorgement of Defendants'

worldwide profits derived from their infringing activities.

Parties, Jurisdiction and Venue

2. Plaintiff Lee Oskar ("L. Oskar") is an individual who resides in Bellevue,

Washington, is, amongother things, a songwriter, and does businessunder the trade name Ikke-

Bad Music ("Ikke-Bad"), a company he uses as his music publishing company.

3. PlaintiffGreg Enico ("Enico") is an individual who resides in Petaluma,

California, is, among otherthings, a songwriter, anddoes business under the trade name Radio

Active Material Publishing Company ("Radio Active"), a company he uses as his music

publishing company.

4. Plaintiff Keri Oskar ("K. Oskar") is an individual and a resident of Sedona,

Arizona, and is, among things, a songwriter.

5. On information and belief, Defendant Sony is a wholly-owned subsidiary of a

corporation (Sony Corporation of America) organized and existing under the laws of New York.Sony's principal place ofbusiness is inNew York, New York. Sony is a record company which

manufactures and distributes copies of soundrecordings in all formats {e.g., digital and

physical) embodying musical compositions.

6. On information and belief, Defendant Mr. 305 is a corporation organized and

existing under the laws of Florida, with itsprincipal place of business in Coral Gables, Florida.

Upon further information and belief, Mr. 305 is a record label owned and controlled by Pitbull.

7. On information and belief, Defendant Polo Grounds is a corporation organized

and existing underthe lawsof New York, with its principal place of business in New York, New

York. Upon further informationand belief, Polo Grounds is a record label.

8. Domestic Defendants Sony, Mr. 305, and Polo Grounds have acted and continue

to act in concert, thereby subjecting all Domestic Defendants tojoint andseveral liability underUnited States copyright law for their infringements of Plaintiffs' copyright.

9. On information and belief, Defendant Sony Canada is a Canadian corporation

with its principal place ofbusiness inCanada. Upon further information and belief, Sony

Canada isa record company and an affiliate ofSony that manufactures and distributes primarily

inCanada copies ofsound recordings inall formats (e.g., digital and physical) embodyingmusical compositions.

10. On information and belief, Defendant Sony UK is a British entity of unknown

form with its principal place ofbusiness in the United Kingdom. Upon further information and

belief, Sony UK is arecord company and an affiliate ofSony that manufactures and distributes

primarily in the United Kingdom copies of sound recordings in all formats (e.g., digital andphysical) embodying musical compositions.

11. On information andbelief, Defendant Sony Germany is a German limited liability

company with its principal place ofbusiness in Germany. Upon further information and belief,

Sony Germany is a record company and an affiliate ofSony that manufactures and distributes

primarily in Germany copies ofsound recordings in all formats (e.g., digital and physical)embodyingmusical compositions.

12. On information and belief, Defendant Sony Australia is an Australian limited

company with its principal place ofbusiness in Australia. Upon further information and belief,

Sony Australia is arecord company and an affiliate ofSony that manufactures and distributes

primarily in Australia copies ofsound recordings in all formats (e.g., digital and physical)embodying musical compositions.

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13. On information and belief, Defendant Sony Italy is an Italian corporation with its

principal place of business in Italy. Upon further information and belief, Sony Italy is a record

company and an affiliate of Sony that manufactures and distributes primarily in Italy copies of

sound recordings in all formats (e.g., digital and physical) embodying musical compositions.

14. On information and belief, Defendant Sony Mexico is a Mexican corporation with

its principal place of business in Mexico. Upon further information and belief, Sony Mexico is a

record company and an affiliate of Sony thatmanufactures and distributes primarily in Mexico

copies of sound recordings inall formats (e.g., digital and physical) embodying musicalcompositions.

15. On information and belief, Defendant Sony Spain is a Spanish limited liability

company with its principal place ofbusiness inSpain. Upon further information and belief,

Sony Spain isa record company and anaffiliate of Sony that manufactures and distributes

primarily inSpain copies of sound recordings inall formats (e.g., digital and physical)embodying musical compositions.

16. On information and belief, Defendant Sony South Korea is South Korean

corporation with its principal place ofbusiness in South Korea. Upon further information and

belief, Sony Korea is a record company and an affiliate of Sony that manufactures and distributes

primarily in South Korea copies of sound recordings inall formats (e.g., digital and physical)embodying musical compositions.

17. On information and belief, Defendant Sony France is a French entity of unknown

form with its principal place of business in France. Upon further information andbelief, Sony

France is a record company andan affiliate of Sony that manufactures and distributes primarily

in France copies of sound recordings in all formats (e.g., digital and physical) embodying

musical compositions.

18. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.

1331 because this action arises under federal law and pursuant to 28 U.S.C. 1332 because,

upon information and belief, there is diversity of citizenship betweenthe parties and the amount

in controversy exceeds $75,000.00.

19. By virtue of 28 U.S.C. 1367, this courthas supplemental jurisdiction overthecopyright claims arising under foreign laws.

20. This Court has personal jurisdictionover Sony and Polo Groundsbecause,uponinformationand belief, both are domiciled and can be found within the State of New York, and

both do business within the state. See CPLR 301. Moreover, personal jurisdiction over Sony

and Polo Grounds is also proper because, upon further information andbelief, both have engaged

in continuous and systematic activity within the State of New Yorkactivity which relates to

and/or consists of the acts of copyright infringements alleged herein.

21. This Courthas personal jurisdiction over Mr. 305 because, upon information andbelief, Mr. 305 has engaged in continuous and systematic activity within the Stateof New York

by virtue of its acting in concert and business dealings with NewYork-based Sony and Polo

Groundsactions which constitute doing business in New York. See CPLR 301. The Court's

exercise of personal jurisdictionover Mr. 305 also comports with New York's long-arm statute,CPLR302, because, upon information and belief, Mr. 305 has engaged in instances of

purposeful activity directed at New Yorkactivity which bears a substantial relationship to the

copyright infringements alleged herein.

^22. This Court has personal jurisdiction over the Sony Affiliate Defendants because,

upon information and belief, they have engaged in continuous and systematic activity within the

State of New York by virtue of their acting in concert and business dealings with New York-

based Sony and Polo Groundsactions which relate to and/or consist of the acts of copyright

infringement alleged herein. Indeed, the Court's exercise of personal jurisdiction over the Sony

Affiliate Defendants comports with New York's long-arm statute, CPLR 302, because, upon

information and belief, the Sony Affiliate Defendants have engaged in instances of purposeful

activity directed at New Yorkactivity which bears a substantial relationship to the copyright

infringement alleged herein.

23. Personal jurisdiction over the Sony Affiliate Defendants also comports with

CPLR 301 because Sony Affiliate Defendants do business in New York by virtue of their agency

relationshipwith Sony. Indeed, upon information and belief, the activities of Sony in New York

are sufficiently important to the Sony Affiliate Defendants that if they did not have Sony as their

New York-based representative, Sony Affiliate Defendants' own officials would undertake to

perform them.

24. This agency relationship is quite substantial, upon information and belief, as

indicated by the following, inter alia: (1) Much of the product (including, but not limited to,

"Timber") marketed abroad derives from the recordings of artists signed by Sony in New York

(including, but not limited to, Kesha and Pitbull); (2) The Sony Affiliate Defendants market

their material in New York exclusively through Sony; and (3) It is through Sony and the

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interlocking matrix agreements1 that the Sony Affiliate Defendants are able to market products

(including, but not limited, to "Timber") throughout the world.

25. Venue properly lies in this Court pursuant to 28 U.S.C. 1391(b)(2), 1400(a),

because, inter alia, a substantial part of the events that are the subject matter of this lawsuit

occmred and are occuning in this judicial district.

Background Facts

I. "San Francisco Bay"

26. In or about 1978, Plaintiffs L. Oskar, Ereico, and L. Oskar's then-wife, K. Oskar

(sometimes collectively refened to herein as the "SF Bay Writers"), co-wrote the song, "San

Francisco Bay." In or about that same year, the song was first publically released as part of L.

Oskar's solo album titled, Before the Rain. As L. Oskar is a world-famous harmonicist, the song

has a distinctive melody and harmony featuring an original harmonica riff.

27. In a standard form songwriters contract dated April 20, 1978 (the "SSC"), the SF

Bay Writers each transfened ownership in the composition's copyright to "the Publisher" which

consisted of three entities, in the following manner and percentages: 25% to L. Oskar's

publishing company, Ikke-Bad; 25% to Enico's publishing company, Radio Active; and 50% to

another publishing company, non-party Far Out Music, Inc. ("Far Out"), which, upon

information and belief, is controlled by non-party Gerald "Jerry" Goldstein ("Goldstein"). A true

and conect copy of the SSC is attached hereto as Exhibit A.

28. Upon information and belief, Far Out caused "San Francisco Bay" to be initially

registered with the U.S. Copyright Office on or about July 3, 1978. Ikke-Bad, Radio Active, and

Upon informationand belief, a matrix agreement grants Sony and each Sony Affiliate Defendant the exclusiveright to manufacture and distributewithin its territory any recording in the repertoire of Sony and any other party toa matrix agreement with Sony (here, upon information and belief, Defendants Mr. 305 and Polo Grounds).

^^

Far Out are listed on the copyright registration as the "copyright claimant" and the SF Bay

Writers are listed as "work-for hire" authors. Attached as Exhibit B is a copy of the July 3, 1978

copyright registration (the "Original Registration").

29. Upon information and belief, Far Out submitted a supplementary registration (the

"Supplementary Registration") for "San Francisco Bay," which was recorded by the U.S.

Copyright Office on or about December 26, 1978. In the Supplementary Registration, Far Out

partially conected the Original Registration by stating that K. Oskar was not a "work-for-hire"

author. However, Far Out enoneously neglected to do the same for the other two SF Bay

WritersEnico and L. Oskar, neither of whom are "work-for-hire" authors under applicable

law. Attached as Exhibit C is a copy of the Supplementary Registration.

30. Despite what is stated on the Original Registration and the Supplementary

Registration, the true facts are that the SF Bay Writers did not create "San Francisco Bay" on a

work-for-hire basis as, upon information and belief, none of the SF Bay Writers were employees

of the listed employer-for-hire (Far Out) and none of the other indicia, if any, of a work-made-

for-hire were or are present.

II. "Timber"

31. Upon information and belief, in or about 2013, a conglomerate of writers,

including, among others, Kesha, Pitbull, and songwriter-producer Lukasz Gottwald (p/k/a Dr.

Luke), co-wrote the hit song, "Timber," which, without Plaintiffs' permission, makes copious use

of the melody and harmonica riff of "San Francisco Bay."

32. Upon further information and belief, without Plaintiffs' permission, Defendants

produced or caused to be produced a master sound recording and music video, inter alia, of

"Timber" with Pitbull and Kesha as featured performers. Indeed, upon information and belief.

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harmonica player Paul Harrington was told by Defendants to emulate L. Oskar's harmonica

performance from "San Francisco Bay" so that the harmonica lines in "Timber" would have an

identical texture and sound as "San Francisco Bay."

33. Accordingly, "Timber" is a reproduction of copyright-protected elements within

"San Francisco Bay," and a derivative work based upon "San Francisco Bay."

34. Upon information and belief, sometime in or about 2013, seeking to exploit

"Timber" on a worldwide basis, the Domestic Defendants offered, transmitted (physically and/or

electronically), and otherwise made available "Timber" to their foreign affiliates, including,

without limitation, the Sony Affiliate Defendants, among other entities and individuals.

35. On information and belief, on or about October 7, 2013, the international release

of "Timber" to the public began. Upon information and belief, with Domestic Defendants'

encouragement, authorization, and assistance, the Sony Affiliate Defendants digitally (streaming

and download) and physically released "Timber" in the Sony Affiliate Defendants' respective

countries, including: the United Kingdom, Italy, Germany, Mexico, Spain, Canada, Australia,

France, and South Korea. Upon information and belief, Defendants have wrongfully profited

from the exploitation of "Timber" in these countries, as well as, worldwide.

36. Upon further information and belief, "Timber" has been hugely successful,

peaking at number 1 chart positions in the United States, United Kingdom, Canada, Germany

and on Europe's "Euro Digital Songs" chart, and achieving multi-platinum sales status in, among

other places, the United States (4x Platinum), Australia (4x Platinum), Canada (6x Platinum),

South Korea (2x Platinum), on its way to becoming one of the industry's most successful

worldwide hits of 2013-2014.

10

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37. On information and belief, Defendants might have obtained a license from Far

Out purportedly giving worldwide permission to use "San Francisco Bay" in "Timber." But to

date, Defendants have failed to request or obtain the requisite license from Plaintiffs for such

interpolation and, more generally, the worldwide exploitation alleged herein.

38. Without a license from all of the co-copyright holders and writers of "San

Francisco Bay," Defendants cannot exploit "Timber" in the aforementioned foreign territories,

among others. See, e.g., United KingdomPowell v. Head, 12 Ch. D. 686 (1879), Cescinsky v.

George Routledge & Sons, Ltd., 2 K.B. 325 (1916); GermanyArticle 8 of UrhG; ItalyLaw

No. 633, 10, Act of April 22, 1914 as amended; SpainArticles 7 and 9 of Royal Legislative

Decree 1/1996of 12 April 1996; MexicoAct of Dec. 31, 1956 9 & 10; CanadaMassie &

Renwick, Ltd. v. Underwriters' Survey Bureau, Ltd., 1 D.L.R. 625 (1940); South KoreaArticle

48 of the Copyright Act of South Korea; FranceLaw No. 57-296, 10, Act of March 11,

1957; Australia Seven Network (Operations) Ltdv TCNChannelNine Pty Ltd(2005) 146

FCR 183 at [20] per Lindgren J ("In the absence of the consent of the other co-owner, one co-

owner is neither entitled to do an act comprised in the copyright, nor to grant a license to a third

party to do such an act") (citations omitted). See alsogenerally Cary, "Joint Ownership of

Copyrights," Copyright Office Study No. 12; Nimmer on Copyright 6.10[D].

39. Accordingly, Defendants' actions as alleged herein violate the copyright laws of

each Defendant's respective country.

40. Insofar as the Domestic Defendants are concerned, their infringing actions, as

alleged herein, were and are, upon information and belief, undertaken and/or initiated from the

United States, and thus the Domestic Defendants have infringed and continue to infringe

Plaintiffs' exclusive rights under U.S. copyright law, 17 U.S.C. 106.

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41. Insofar as the Sony Affiliate Defendants are concerned, their interpolation of "San

Francisco Bay" within "Timber" and their subsequent exploitation of "Timber" violates

Plaintiffs' moral and economic rights as protected by the copyright laws of the Sony Affiliate

Defendants' respective countries.

First Claim for Relief

(U.S. Copyright Infringement under 17 U.S.C. 106)(By Plaintiffs L. Oskar d/b/a Ikke-Bad and Errico d/b/a Radio Active against all Domestic

Defendants)

42. Plaintiffs repeat and re-allege the allegations set forth in paragraphs 1 through 41,

inclusive, as if fully set forth herein.

43. Upon information and belief, the Domestic Defendants have infringed and

continue to infringe Ikke-Bad's and Radio Active's exclusive rights of reproduction and

preparation of derivative works under 17 U.S.C. 106(1) and (2), respectively, by the Domestic

Defendants, while in the United States, creating duplicate master tapes and/or electronic files of

"Timber" for distribution to and/or public performances via streaming or other broadcasting to

the Sony Affiliate Defendants, among others, abroad.

44. Furthermore, upon information and belief, the Domestic Defendants have also

infringed and continue to infringe Ikke-Bad's and Radio Active's exclusive rights of distribution

and/or public performance under 17 U.S.C. 106(3) and/or (4), respectively, by the Domestic

Defendants, while in the United States, distributing and/or streaming or other broadcasting of

"Timber" to the Sony Affiliate Defendants, among others, abroad.

45. Furthermore, upon information and belief, the Domestic Defendants have

infringed and continue to infringe Ikke-Bad's and Radio Active's exclusive right of distribution

under 17 U.S.C. 106(3) by the Domestic Defendants, while in the United States, making

12

^Q

"Timber" available to the Sony Affiliate Defendants, among others, for download through the

Internet and/or via the Domestic Defendants' intranet/extranet-based, worldwide matrix

distribution systems.

46. Furthermore, upon further information and belief, the Domestic Defendants have

likewise infringed and continue to infringe Ikke-Bad's and Radio Active's exclusive right of

distribution under 17 U.S.C. 106(3) by the Domestic Defendants, while in the United States,

offering to distribute copies of "Timber" to the Sony Affiliate Defendants, among others, for

purposes of further distribution and/or public performance abroad.

47. Furthermore, upon information and belief, the Domestic Defendants have also

infringed and continue to infringe Ikke-Bad's and Radio Active's various exclusive rights under

17 U.S.C. 106 by the Domestic Defendants, while in the United States, signing agreements

with the Sony Affiliate Defendants, among others, for the foreign exploitation (e.g., foreign

reproduction, distribution, and/or public performance) of "Timber."

48. Furthermore, upon information and belief, the Domestic Defendants have also

violated and continue to violate Ikke-Bad's and Radio Active's various exclusive rights under 17

U.S.C. 106 by the Domestic Defendants, while in the United States, authorizing the Sony

Affiliate Defendants, among others, to commit actions abroad which infringe and continue to

infringe Ikke-Bad's and Radio Active's various exclusive rights under 17 U.S.C. 106.

49. Upon information and belief, the Domestic Defendants' infringements, as alleged

herein, continue to this day and will continue in the future unless stopped by this Court.

50. Upon information and belief, the Domestic Defendants' infringements alleged

herein were and are willful and deliberate.

13

Q51. The Domestic Defendants have unlawfully and wrongfully derived and continue

to derive profits from the infringements alleged herein.

Second Claim for Relief

(Foreign Copyright Infringement under the Copyright Laws of the Respective Countries ofthe Sony Affiliate Defendants)

(By all Plaintiffs against all Sony Affiliate Defendants)

52. Plaintiffs repeat and re-allege the allegations set forth in paragraphs 1 through 51,

inclusive, as if fully set forth herein.

53. Upon information and belief, the Sony Affiliate Defendants, while in their

respective countries and without Plaintiffs' permission, have caused to be interpolated and/or in

fact have interpolated "San Francisco Bay" within "Timber."

54. Furthermore, upon information and belief, the Sony Affiliate Defendants, while

in their respective countries and without Plaintiffs' permission, have, inter alia, reproduced,

distributed, and/or publically performed "Timber."

55. By virtue of the foregoing, the Sony Affiliate Defendants have violated Plaintiffs'

moral and economic rights as protected by the copyright laws of the Sony Affiliate Defendants'

respective countries as follows2:

(a) Sony Canada has violated Canada's CopyrightAct R.S.C. 1985, c. C.-42;

(b) Sony UK has violated the United Kingdom's Copyright, Designs and

Patents Act 1988;

(c) Sony Germany has violated Germany's UrhG;

(d) Sony Australia has violated Australia's CopyrightAct 1968;

2Citations herein toforeign laws are tothe applicable versions thereof asamended. Moreover, tothe extent anyforeign lawsgoverningthe alleged infringements of moral and/or economic rights are not expressly cited herein,they are nevertheless impliedly incorporated herein.

14

&

(e) Sony Italy has violated Italy's Law no. 633 of 22 April 1941 and/or Italian

Civil Code of1942, Arts. 2575-2583.

(f) Sony Mexico has violated Mexico's Federal Law on Copyright and/or Act

of Dec. 31, 1956;

(g) Sony Spain has violated Spain's Royal Legislative Decree 1/1996 of 12

April 1996;

(h) Sony South Korea has violated the Copyright Act ofSouth Korea; and

(i) Sony France has violated France's Intellectual Property Code.

56. Upon information and belief, the Sony Affiliate Defendants' infringements, as

alleged herein, continue to this day and will continue in the future unless stopped by this Court.

57. Upon information and belief, the Sony Affiliate Defendants' infringements

alleged herein were and are willful and deliberate.

58. The Sony Affiliate Defendants have unlawfully and wrongfully derived and

continue to derive profits from the infringements alleged herein.

WHEREFORE, Plaintiffs pray for relief as follows:

1. For compensatory damages, including, inter alia, disgorgement of Defendants'

worldwide profits derived from "Timber," in an amount not yet fully ascertained but believed to

exceed Three Million Dollars ($3,000,000.00), plus pre- and post-judgment interest thereon at

the maximum legal rate;

2. For an injunction prohibiting, inter alia, any further copying, exhibition,

broadcast, distribution, publication and performance (including Defendants' authorization of the

aforementioned actions) of "Timber" that would violate Plaintiffs' rights under the United States

and/or foreign copyright laws;

15

Q Q

3. For costs and reasonable attorney's fees; and

4. For such other and further relief as the Court deems just and proper.

Dated: Encino, CaliforniaJune 17, 2014

FREUNDLICH LAW16133 Ventura Blvd. Ste. 1270Encino, CA 91436(818)377-3790

and c/o Beigelman Feiner & FeldmanPC100 Wall Street, 23rd FloorNew York, New York 10005

16

LENNETH D. FREUNDLICH, ESQ.16133 Ventura Blvd. Ste. 1270Encino, California 91436(818)377-3790

Attorneys for Plaintiffs Lee OskarLevitin p/k/a Lee Oskar, as anindividual and d/b/a Ikke-Bad Music,Greg Ercico, as an individual andd/b/a Radio Active MaterialPublishing Company, and Keri Oskar

^A

DEMAND FOR JURY TRIAL

Plaintiffs hereby demand a trial by jury.

Dated: Encino, CaliforniaJune 17, 2014

17

FREUNDLICH LAW16133 Ventura Blvd. Ste. 1270Encino, CA 91436(818)377-3790

and c/o Beigelman Feiner & FeldmanPC100 Wall Street, 23rd FloorNew York, New York 10C

KENNETH D. FREUNDLICH, ESQ.16133 Ventura Blvd. Ste. 1270Encino, California 91436(818)377-3790

Attorneys for Plaintiffs, Lee OskarLevitin p/k/a Lee Oskar, as anindividual and d/b/a Ikke-Bad Music,Greg Enico, as an individual andd/b/a Radio Active MaterialPublishing Company, and Keri Oskar

EXHIBIT A

STAND^D SONGWRITERS COl^RACT

Ajgjrje*ttmtl wade this 20th day f April 1?Y8. between'AR OUT MJSIC, ETC. (50$), IKKE-BAD MUSIC (25%), RADIO ACTIVE IMPERIAL PUBLISHING COMPANY (Z?i

(hereinafter called the"Publisher").and jLEE OSKAR, KERI OSKAR, GREG- ERRICO

jointly aad/or severally (hereinafter called "Writer(s)*>);

tttt00iijIn consideration of the agreement herein contained and of the sum of One ($1.00) Dollar and other good

tion in hand paid by the Publisher to the Writer(s), receipt of which is hereby acknowledged, the parties -agree1. The Writer(s) hereby sells, assigns, transfers and delivers ib the Publisher, its successors and assigns, a certain heretofore

unpublished original musical composition, written and/or composed by the above named Writer(s), now entitled:

"SAN FRANCISCO' BAY"

and valuable considers-a3 follows:

including the title, words and music, and all copyrights thereof, including but not limited to the copyright registration thereof No., and all rights, claims and demands in any way relating thereto, and the exclusive rijght to secure copyright

therein throughout the entire world, and to have and to hold the said copyrights and all rights of whatsoever nature now and hereafterthereunder existing and/or existing under any agreements or licenses relating thereto, for and during the full t^rms of all of said copyrights. In consideration of the agreement herein contained and the additiortal sum of One ($1.00) Dollar and other good and valuableconsideration in hand paid bythe Publisher tothe Wfiter(s), receipt ofwhich is hereby acknowledged, theWriter(s) hereby sells, assigns,transfers and" delivers to the Publisher, its successors and assigns, all renewals and extensions of the copyrights of said musical composition^) to which the Writer(s) may be entitled hereafter, and all registrations thereof, and all rights of anir and every nature now

""arid hefeaftey'the'reBndeTexistrrig, for the"full" terms of all such renewals and extensions of copyrights. The Writer(s) hereby authorizes and empowers the Publisher to renew, pursuant tolaw, for and in the name of the Writer(s), if living, th

j \ *VS i aW,shcr sf3il r5ntler W Wnterfs), as above, on or before eachSeptember 1stcoj^ring.the sis monflis endhprJune 30th;md each March 1st covering the six months ^iing December 31st, royalty statements acco^bicd by remittance for any royaltiesJue thereunder. After two years from the-dateWthis agreement, royalty statements .shall be reared solely for periods in which royal-ms aredue. baid-statements and payment, in the absence of written objection thereto by the Writer(s) within, ninety (60) days fromreceipt thereof, snail constitutes account stated as to all royalties due for the period encompassed by such statement and/or ouyment.Royalties arc payable only when received fcy Publisher m the United States and in dollar equivalent at the-xate.of exchange at the timefuDiisher receives payment. The cost of demonstration records shall be deducted from royalties payable to the Writcr(s).

7. The Writer(s) hereby consents to such changes, adaptations, dramatizations, transpositions, editing and arrangements ofsaid composition, and the setting of words to the music and of music to the words, and the change of title as the Publisher deems de-15 , .W the event that the composition-covered 4y this agreement is an instrumental composition, then and in such event theWnterfs) hereby irrevocably grants to the Publisher the sole and exclusive right and privilege to cause lyrics to be written for such,:omposiuon by a writer or writers designated by the Publisher, which lyrics shall require only the approval of the Publisher, wherc-ipcm the Wnterfs) shall be entitled to only one-naif of-the aforementioned royalties provided in this agreement. The Writer(s)lereby waives any and all claims which he has or may have against the Publisher and/or its associates, affiliated' and subsidiary:orporatwns by reason of the fact that the title of the said composition may be the same or similar to that of any musical compost-

%^/ADIO ACipS MA.TBRIA^PUBLISHBJG COMPAQZ ^X, nj^a ^m'^t) . Address

VEEE OSKAR LEVITIN a/lt/a'CBE OSKAS

icensees, and said composition and agrees that the use of such name, likeness and title may commence prior to publkatton And may:oni!nue so long as the Publisher shall own and/or exercise any rights in said composition.

8. Written demands and notices other than royalty statements provided for herein shall be sent by registered mail.

fl. Any legal: action brought by the Publisher against any alleged infringer of said composition shall he initiated and prose-:uted at the Publisher's sole expense, and of any recovery made by ft as a result thereof, after deduction of the expense of the litiga-ion, a sum equal to thirty-three and one^third (83yi%) per cent shall be paid to the Writer(s).

(a) If a claim is presented against the Publisher in respect of said composition, and because thereof the Publisher iseopardized, it shall thereupon serve written notice upon the Writer(s), containing the full details of such claim known to the Publishermd thereafter until the claim has been adjudicated or settled shall hold any moneys coming due the Writer(B) in escrow pending thewtcome of such claim or claims. The Publisher shall have the right to settle or otherwise dispose of such claims in any manner as itn ha sole discretion may determine, fn the -event of any recovery against the Publisher, either by way of judgment or settlement, allif the costs, charges, disbursements, attorney fees and the amount of the judgment or settlement, may be deducted by the Publisherrom any and all royalties or other payments theretofore or thereafter payable to the Writer^) by the Publisher or by its rssDciated,iffiliated, or subsidiary corporations without prejudice to atl other rights of-the PttWtsner at-law-or in equity.

(b) From and after the service of summons in a suit for infringement filed against the Publisher with respect to saidimposition, any and all payments thereafter

EXHIBIT B

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ny prxWma *o,k or woA, th|h ^ork,-, bawdonor^iconx r .;

Lf I MATEttlAL ADDED TO THISVuriPtf./r-i. i^.j >betttaMd.) J lB WORK. (Oiwbitotatwl*iMWWiq|Jh. nmmtlAmt hwUen wkfcd to ih work *k1 in **>, cot

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FORCOPYRIGHT

OFFICE_i use

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EXHIBIT C

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A A FORM CA^ UNITED STATES COPYRIGHT OFFICEREGISTRATION NUMBER "

PA 60-591TX TXUj >AU VA VAU SR SfiO RESE

DMorSumtoMMtkyHKMWto ~

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correspondence:Wyes

>THI8flEGWmATI0NJMawiWOMTBATION;

REMITTANCE NUMBER AND DATE.

2$. FAjR OUT MUSIC, INC.!Addrew , . .7*^7,,SOBBT) BOUX^AR, TOLiYWOOD, CALIFORNIA 90046

Apt. No.

fMMtniaM]ic*,)

qBttillCATK*N* l7tft urtdertJBrtad, hereby certify that Iam the: (Cheek one) Oauthor Oothercopyrloht claimant Oo^eroIexchaiv.rWtW^authorliedagent of:.... FAR. COT MUSIC, INC.

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