sony music v. extreme traxx, cheer music

Download Sony Music v. Extreme TRAXX, Cheer Music

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Sony Music sues over infringements of its sound recordings by artists including P!nk, Adele, Destiny's Child, Karmin, Christina Aguilera. The complaint alleges the defendant uses unauthorized recordings to make custom mixes for cheerleader competitions.Mark's note: Sony is using over its rights to the sound recordings, which is the copyright in the actual performance. Artists and producers typically assign these rights to a record company as part of the recording artists. There is a separate copyright for the musical compositions, for which the record company often does not own rights. A sound recording is infringed only if the actual recording is used. Thus, if the songs were rerecorded by different artists, the defendants might be infringing the compositions but not the sound recordings (even if the new recording sounds just like the original). For informational purposes only. Not legal advice. I am not representing parties in this action. For more information about my practice, see:http://torekeland.com/about/mark-h-jaffeand legal musings at my twitter feed:@MarkJKings

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  • JS 44C/SDNYREV. 1/2014

    JUDGE PAUIH" 14 evCIVIL COVER SHEETTheJS-44civil cover sheetandthe information contained herein neither replace norsupplement thefiling andservice ofpleadings or other papers as required by law, except as provided by local rules of court. This form, approved KpiEJudicial Conference ofthe United States in September 1974, is required for useoftheClerk ofCourt for thepurpfe initiating the civildocket sheet.

    ?*:'/

    1 G2014PLAINTIFFSSony Music Entertainment

    DEFENDANTSExtreme TRAXX Productions, Cheer Music Store, Inc., Cheer Music Machine,LLC, Cheerleading Music, LLC, Thomas Locklayer, and Mark Bryan

    ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER ATTORNEYS (IF KNOWN)Kim J. Landsman and Ana-Claudia RoderickGolenbock Eiseman Assor Bell & Peskoe LLP437 Madison Avenue, New York, NY 10022, Phone: (212) 907-7300CAUSE 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    (DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)17 U.S.C. 106, 501. This isan action for infringement ofcopyrights in .sound recordings

    Has this ora similar case been previously filed in SDNY atany time? No [X] Yes Judge Previously Assigned

    If yes, was this case Vol. Invol. Dismissed. No Yes If yes, give date.

    IS THIS AN INTERNATIONAL ARBITRATION CASE? No ^ YeS D

    & Case No.

    (PLACE AN[x]INONEBOXONLY)TORTS

    NATURE OF SUIT

    ACTIONS UNDER STATUTES

    CONTRACT PERSONAL INJURY PERSONAL INJURY FORFEITURE/PENALTY BANKRUPTCYOTHER STATUTES

    [ 1110[ ]120[ ]130[ ]140

    INSURANCE [ ]310 AIRPLANE [ ] 362 PERSONAL INJURY - [ 1610 AGRICULTURE [ ] 422 APPEAL [ ]400 STATEMARINE [ ]315 AIRPLANE PRODUCT MED MALPRACTICE [ ]620 OTHER FOOD & 28 USC 158 REAPPORTIONMENTMILLER ACT LIABILITY [ 1365 PERSONAL INJURY DRUG [ ] 423 WITHDRAWAL [ 1410 ANTITRUSTNEGOTIABLE [ ]320 ASSAULT, LIBEL & PRODUCT LIABILITY [1625 DRUG RELATED 28 USC 157 [ ]430 BANKS & BANKINGINSTRUMENT SLANDER [ ] 368 ASBESTOS PERSONAI SEIZURE OF [ ]450 COMMERCE

    |]150 RECOVERY OF [ ]330 FEDERAL INJURY PRODUCT PROPERTY [ ) 460 DEPORTATIONOVERPAYMENT & EMPLOYERS' LIABILITY 21 USC 881 PROPERTY RIGHTS [ J 470 RACKETEER INFLUENFORCEMENT LIABILITY [ ]630 LIQUOR LAWS ENCED & CORRUPTOF JUDGMENT [ ]340 MARINE PERSONAL PROPERTY [ ]640 RR & TRUCK M820 COPYRIGHTS ORGANIZATION ACT

    [ 1151[]152

    MEDICARE ACT I I 345 MARINE PRODUCT [ J650 AIRLINE REGS [ ]830 PATENT (RICO)RECOVERY OF LIABILITY [ ] 370 OTHER FRAUD [ 1660 OCCUPATIONAL [ ] 840 TRADEMARK [ ]480 CONSUMER CREDITDEFAULTED [ ]350 MOTOR VEHICLE [ ] 371 TRUTH IN LENDING SAFETY/HEALTH [ ]490 CABLE/SATELLITE TVSTUDENT LOANS [ ]355 MOTOR VEHICLE [ ] 380 OTHER PERSONAL [ ]690 OTHER [ 1810 SELECTIVE SERVICE(EXCL VETERANS) PRODUCT LIABILITY PROPERTY DAMAGE SOCIAL SECURITY [ I 850 SECURITIES/

    [ ] 153 RECOVERY OF [ ]360 OTHER PERSONAL [ ] 385 PROPERTY DAMAGE COMMODITIES/OVERPAYMENT INJURY PRODUCT LIABILITY LABOR [ ] 861 HIA (1395ff) EXCHANGEOF VETERAN'S [ ] 862 BLACKLUNG (923) ! 1875 CUSTOMERBENEFITS [ ]710 FAIR LABOR [ J 863 DIWC/DIWW(405(g)) CHALLENGE

    [ ]160 STOCKHOLDERS STANDARDS ACT [ ] 864 SSID TITLE XVI 12 USC 3410SUITS [ I 720 LABOR/MGMT [ ] 865 RSI (405(g)) [ ]890 OTHER STATUTORY

    []190 OTHER PRISONER PETITIONS RELATIONS ACTIONSCONTRACT [) 730 LABOR/MGMT [ ]891 AGRICULTURAL ACTS

    []195 CONTRACT [ ]510 MOTIONS TO REPORTING & FEDERAL TAX SUITS [ 1892 ECONOMICPRODUCT ACTIONS UNDER STATUTES VACATE SENTENCE DISCLOSURE ACT STABILIZATION ACT

    LIABILITY 28 USC 2255 [ I 740 RAILWAY LABOR ACT [ ]870 TAXES (U.S. Plaintiff or [ ]893 ENVIRONMENTAL[ ] 196 FRANCHISE CIVIL RIGHTS [ ]530 HABEASCORPUS [ I 790 OTHER LABOR Defendant) MATTERS

    [ J535 DEATHPENALTY LITIGATION [ ] 871 IRS-THIRD PARTY [ 1894 ENERGY[ 1441 VOTING [ I 540 MANDAMUS &OTHER [ 1791 EMPL RET INC 26 USC 7609 ALLOCATION ACT[ ] 442[ I 443

    EMPLOYMENT SECURITY ACT [ ]895 FREEDOM OFREAL PROPERTY HOUSING/ INFORMATION ACT

    ACCOMMODATIONS IMMIGRATION [ ]900 APPEAL OF FEE[]210 LAND [ ]444 WELFARE PRISONER CIVIL RIGHTS DETERMINATION

    CONDEMNATION [ ]445 AMERICANS WITH [1462 NATURALIZATION UNDER EQUAL[ ]220[ 1230

    FORECLOSURE DISABILITIES - [ ] 550 CIVILRIGHTS APPLICATION ACCESS TO JUSTICERENT LEASE & EMPLOYMENT [ J 555 PRISON CONDITION [ ]463 HABEAS CORPUS- [ )950 CONSTITUTIONALITYEJECTMENT [ ]446 AMERICANS WITH ALIEN DETAINEE OF STATE STATUTES

    [ 1240 TORTS TO LAND DISABILITIES -OTHER [ 1465 OTHER IMMIGRATION[]245 TORT PRODUCT

    LIABILITY[ ]440 OTHER CIVIL RIGHTS

    (Non-Prisoner)ACTIONS

    [ ]290 ALL OTHERREAL PROPERTY

    Check if demanded in complaint:

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

    DEMAND $_ OTHER

    Check YES only if demanded in complaintJURY DEMAND: S YES NO

    DO YOU CLAIM THIS CASE IS RELATED TO A CIVILCASE NOW PENDING INS.D.N.Y.?IF SO, STATE:

    JUDGE DOCKET NUMBER.

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

  • (PLACE AN x INONEBOXONLY)S 1 Original

    Proceeding

    ORIGIN

    2 Removed from D3 Remanded D 4 Reinstated or 5 Transferred from Q6 MultidistrictState Court from Reopened (Specify District) Litigation

    ["I a. all parties represented Appellate1' Court

    [J b. At leastoneparty Is pro se.

    I I 7 Appeal toDistrictJudge fromMagistrate JudgeJudgment

    (PLACE AN x INONEBOXONLY) 1 U.S. PLAINTIFF 2 U.S.DEFENDANT

    BASIS OF JURISDICTION| 3 FEDERAL QUESTION Q4 DIVERSITY

    (U.S. NOT A PARTY)

    IF DIVERSITY, INDICATECITIZENSHIP BELOW.(28 USC 1332, 1441)

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

    CITIZEN OR SUBJECT OF AFOREIGN COUNTRY

    PTF DEF[ ]3 [ ]3

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

    PTF DEFCITIZEN OF THIS STATE [ ] 1 [ ] 1

    CITIZEN OF ANOTHER STATE [ ] 2 [ ] 2 INCORPORATED or PRINCIPAL PLACE [ ]4 [ ]4OF BUSINESS IN THIS STATE

    FOREIGN NATION []6 []6

    PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)550 Madison Avenue, New York, NY 10022.New York County, NY

    DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)Extreme TRAXX Productions and Thomas Locklayer: 1124 Renoir Way, Williamstown, NJ 08094.Gloucester County, NJ.Cheer Music Store Inc., Cheer Music Machine, LLC, Cheerleading Music Service, LLC, and Mark Bryan:6550 Devonshire Heights Road, Harrisburg, PA 17111. Dauphin County, PA.

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

    RESIDENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

    Checkone: THIS ACTION SHOULD BE ASSIGNED TO: WHITE PLAINS [X] MANHATTAN(DO NOT check either box ifthis a PRISONER PETITION/PRISONER CIVIL RIGHTS COMPLAINT.)

    DATE 2/10/2014 SIGNATURE OF ATTORNEY OF RECORD

    RECEIPT #JL *r -

    Magistrate Judge is to be designated by the Clerk of the Court.

    Magistrate Judge

    Ruby J. Krajick, Clerk of Court by. Deputy Clerk, DATED1

    UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

    ADMITTED TO PRACTICE IN THIS DISTRICT[ 1 NON YES(DATE ADMITTED Mo. 02 Yr. 1981 )Attorney Bar Code # 1705045

    is s% Designated.

  • Kim J. LandsmanAna-Claudia RoderickGOLENBOCK EISEMAN ASSOR BELL & PESKOE LLP437 Madison AvenueNew York, New York 10022-7020(212) 907-7300E-mail: klandsman@golenbock.com

    Attorneysfor PlaintiffSonyMusic Entertainment

    UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK

    /M

    14 Civ.

    /f!?F

    SONY MUSIC ENTERTAINMENT,

    Plaintiff,

    - against -

    EXTREME TRAXX PRODUCTIONS,CHEER MUSIC STORE INC., CHEER MUSICMACHINE, LLC, CHEERLEADING MUSIC,LLC, THOMAS LOCKLAYER, and MARKBRYAN,

    Defendants.

    COMPLAINT

    ECF Case

    Jury Trial Demanded

    JUDGEMBH

    \3- (f>

    * -or

    o ^-n UO^c. c& o

    v< ^ sCD

    Plaintiff Sony Music Entertainment ("Plaintiff' or "Sony Music"), through its

    undersigned counsel, for its complaint against defendants Extreme Traxx Productions, Cheer

    Music Store Inc., Cheer Music Machine, LLC, Cheerleading Music Service, LLC, Thomas

    Locklayer, and MarkBryan(collectively, "Defendants"), alleges as follows:

    NATURE OF THE ACTION

    1. This is an action for the blatant, willful, and ongoing infringement of Sony

    Music's copyrights in and to certain sound recordings. Defendants sell, distribute, and

    commercially exploit customized "mixes" of popular sound recordings for use in cheerleading

    1

  • competitions that include Sony Music's copyrighted sound recordings without any attempt to

    obtain the requisite permission.

    PARTIES

    2. PlaintiffSony Music is a partnership duly organized and existing under the

    laws of the State of Delaware, with its principal place of business at 550 Madison Avenue,

    New York, New York 10022. Sony Music markets, sells, distributes, and otherwise exploits

    sound recordings embodying musical and/or vocal performances by recording artists, including

    in the form of phonograph records, tapes, compact discs ("CDs"), videos, digital video discs

    ("DVDs"), and downloads from the Internet.

    3. Upon information and belief, defendant Extreme TRAXX Productions

    ("Extreme TRAXX") is a business entity with its principal place of business in Williamstown,

    New Jersey. Extreme TRAXX operates and conducts business through its interactive website

    http://www.extremetraxx.com, and is engaged in streaming, offering for sale, distributing, and

    selling samples and remixes of popular songs for use by cheerleading groups, teams, and

    organizations.

    4. Upon information and belief, defendant Thomas Locklayer ("