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Louis Willacy (SBN 186356)LOUIS WILLACY, ESQ360 Grand Avenue, Suite 250Oakland, California 94610TEL: (415) 670-9400Fax:(415)952-9310louis@iwillacy.corn

Attorney for PlaintiffSIDNEY EARL SWANSON

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

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SIDNEY EARL SWrANSON,an individual,

J)CV14 01 975'Mm(ZT5y^"^ Case No. v .>

Plaintiff.vs.

MJJ PRODUCTIONS, INC., a Californiacorporation; SONY MUSIC HOLDINGSINC., a Delaware corporation; TIMOTHYZACHERY MOSLEY, an individual; CORYROONEY. an individual; and DOES 1through 10, inclusive,

Defendants./

COMPLAINT FOR COPYRIGHTINFRINGEMENT

DEMAND FOR JURY TRIAL

Plaintiff SIDNEY EARL SWTANSON, for his Complaint against Defendants, and each ofthem, alleges as follows:

P.ARTIES

1. Plaintiff SIDNEY EARL SWANSON ("SW.ANSON") isanindividual resident ofTHfe State of California.

COMPLAINT FOR COPYRIGHT INFRINGEMENT with DEMAND FOR JURY TRIAL

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2. Defendant MJJ PRODUCTIONS, INC. ("MJJ PRODUCTIONS") is acorporationorganized and existing under the laws ofthe State ofCalifornia, with its principal place of

business located in North Hollywood. California, within this district.

3. Defendant SONY MUSIC HOLDINGS INC. dba SONY MUSIC

ENTERTAINMENT and/or EPIC RECORDS ("SONY") isa corporation organized andexisting under the laws of the State ofDelaware, with its principal place ofbusiness located in

New York, New York.

4. Upon information and belief, Defendant TIMOTHY ZACHERY MOSLEY

professionally known as TIMABALAND ("TIMBALAND"). is an individual resident of theState of California.

5. Upon information and belief, Defendant CORY ROONEY ("ROONEY"), whosefull name is Mark Rooney, is an individual resident of the State of New York.

6. The names, residences and capacities of the Defendants named herein as DOES 1

through 10 areunknown to Plaintiff at this time. Plaintiff is informed andbelieves, and thereon

alleges, that each ofthe fictitiously named Defendants is in some way liable, jointly andseverally, toPlaintiff for the damages alleged herein, either together with, or independently of,

each other Defendant. At such time as the fictitiously named Defendants are identified, Plaintiff

will amend this Complaint to state each of their true names, capacities and residences.

7. At all material times, each Defendant acted as the agent and/or principal ofeach

other Defendant and each is equally liable for the wrongful acts of the other.

JURISDICTION AND VENUE

8. Subject matter jurisdiction is invoked pursuant to 28 U.S.C. 1331 and 1338because this action is based on federal copyright law.

COMPLAINT FOR COPYRIGHT INFRINGEMENT with DEMAND FOR JURY TRLAL

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9. Venue is proper in tins district pursuant to 28 U.S.C. 1391(b)(2) because theinfringement occurred in this district and pursuant to 28 U.S.C. 1391(b)(3) because at least onedefendant resides in this district.

GENERAL AVERMENTS

10. Swanson is the owner ofthe copyright in the composition and sound recording

copyright entitled "Come Home On the Move" (the "Infringed Composition") written bySWANSON, U.S. Copyright Registration No. PAu002712187, dated September 11, 2002.

Attached hereto as Exhibit "A" is atrue and correct copy of the composition and sound recordingregistration for the Infringed Composition.

11. On or about May 2014, Defendants SONY and MJJPRODUCTIONS released for

sale and distribution the sound recording "Chicago," ("Defendants' Sound Recording") featuredas the second track on Xscape, the posthumous album offamed singer-performer Michael

Jackson, which has achieved tremendous financial success.

12. Defendants TIMBALAND and ROONEY are two of the artists credited with

creating the Defendants' Sound Recording.

13. Defendants' Sound Recording is, and continuously has beensince it was first

released, offered for sale in vanous media. It continues to this day to beoffered for sale on CDs

and available for downloading from iTunes, Amazonmp3.com, eMusic.com as well asother

internet music providers. On information and belief, Defendants' Sound Recordine still

generates substantial income for all Defendants at this time.

14. On information and belief. Defendants copied and incorporated substantial,

original portions ofthe Infringed Composition in Defendants' Sound Recording. The portions of

the Infringed Composition which have been copied into Defendants' Sound Recording are

COMPLAINT FORCOPYRIGHT INFRINGEMENT with DEMAND FOR JURY TRIAL

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numerous. There is a substantial similarity between the Infringed Composition and Defendants'

Sound Recording due to Defendants' copying.

15. Defendants' copying, duplication, use, performance and exploitation ofthe

Infringed Composition in Defendants' Sound Recording constitute infringement of

SWANSON's copyright in the Infringed Composition.

FIRST CLAIM FOR RFI TFF

COPYRIGHT INFRINGEMENT

16. Plaintiff repeats and incorporates byreference the allegations contained in

Paragraphs 1 through 15 above, as though fully set forth.

17. Plaintiff is, and at all material times hereto has been, the owner ofthe copyright in

the Infringed Composition and is entitled and authorized to protect his composition against

copyright infringement, including the enforcement of copyright actions. Plaintiff secured the

exclusive rights under U.S.C. 106, among others, to "reproduce the copyrighted work in copiesorphonorecords," "toprepare derivative works based upon tire copyrighted work," "todistribute

copies orphonorecords of the copyrighted work to the public bysale orother transfer of

ownership, or by rental, lease, or lending," and to "perform the copyrighted work publicly."

18. Plaintiff did not authorize Defendants to copy, reproduce, perform, or use the

Infringed Composition in Defendants' Sound Recording, or at all. Defendants did not seek or

obtain any permission, consent or license from Plaintiff for the copying, reproduction,

performance or use ofthe Infringed Composition in Defendants' Sound Recording or in any uses

thereof that were made or authorized by Defendants, or at all.

19. Defendants, and each ofthem, have infringed, and are continuing to infringe

upon. Plaintiffs copyright in the Infringed Composition by copying, preparing a derivative

COMPLAINT FOR COPYRIGHT INFRINGEMENT with DEMAND FOR JURY TRIAL

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work, reproducing and using, and causing, contributing to, and panicipating in the unauthorized

copying, preparing a derivative work, reproduction and using, ofthe Infringed Composition in

Defendants' Sound Recording and causing the same to be publicly distributed in retail stores, on

the internet, by digital download and otherwise.

20. Defendants never paid Plaintiff for the use of the Infringed Composition.

Defendants have infringed on Plaintiffs exclusive rights by:

(a) Reproducing Plaintiffs copyrighted work in copies orphonorecords inviolation of 17 U.S.C. 106(1);

(b) Preparing derivative works based on Plaintiffs copyrighted work in violationof 17 U.S.C. 106(2);

(c) Distributing copies or phonorecords of Plaintiffs copyrighted work and

derivative work to the public bysale or other transfer ofownership, orby

rental, lease, or lending in violation of 17 U.S.C. 106(3);

(d) Performing Plaintiffs copyrighted work or a derivative thereof publicly inviolation of 17 U.S.C. 106(4); and

(e) Performing Plaintiffs copyrighted work and derivative work publicly bymeans of a digital audio transmission in violation of 17 U.S.C. 106(6).

Defendants failed to properly attribute the authorship of Defendants' Sound

21.

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Recording to Plaintiff.

23. Defendants' acts of infringement were done, and now continue to be done with

knowledge that such actions constitute an infringement of Plaintiffs exclusive rights and are,

therefore, willful. At a minimum, Defendants acted in reckless disregard ofPlaintiffs copyright,

COMPLAINT FOR COPYRIGHT INFRINGEMENT with DEMAND FOR JURY TRIAL

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24. As a result of their actions. Defendants, and each of them, are liable to Plaintiff

for willful copyright infringement under 17 U.S.C. 501. Plaintiff suffered, will continue tosuffer and is entitled to recover from Defendant, substantial damage to his professional

reputation and goodwill, aswell as losses in an amount yetascertained, but which willbe

determined according toproof, pursuant to 17 U.S.C. 504(b). In addition to Plaintiffs actualdamages. Plaintiff is entitled to receive the profits made by Defendants from their wrongful acts,

pursuant to 17 U.S.C. 504(b).

25. As a direct and proximate result of Defendants' infringement, Plaintiffhas

incurred attorneys' fees and costs, in an amount according to proof, which are recoverable under

the provisions of 17 U.S.C. 505.

WHEREFORE, Plaintiffprays for judgment against Defendants, and each of them,jointly and severally as follows:

1. For damages insuch amount as may be found, or as otherwise permitted by law;

2. Foranaccounting of Defendants' profits attributable to their infringements of

Plaintiffs' copyright in the Infringed Composition;

3. For a preliminary and permanent injunction prohibiting Defendants, and theirrespective agents, servants, employees, officers, successors, licensees and assigns,

and all persons acting in concert or participation with each or any of them, from

continuing to infringe Plaintiffs' copyright inthe Infringed Composition;

4. For Plaintiffs' attorneys' fees, costs, and disbursements in tins action; and

COMPLAINT FOR COPYRIGHT INFRINGEMENT with DEMAND FOR JURY TRIAL

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^ For such other remedies under the copyright laws of the United States and'or as the

Court deems reasonable and just.

Respectfully submitted.A

aw WAhrLouis WillacyLOUIS WILLACY. ESQ.360 Grand Avenue, Suite 250Oakland. CA 94610(415)670-9400Fax:(415)952-9310louisin.'wi llacv.com

Attorney for Plaintiff, Sidney Earl Swanson

COMPLAINT FOR COPYRIGHT IN'FRINGF.MEXT with DEMAND FOR JURY TRIAL

^p 0

DEMAND FOR JURY TRIAL

Plaintiff. Sidney Earl Swanson. hereby demands a trial by jury in the above matter.Dated: September 16. 2014

LOUIS WILLACY. ESQ./

By IAaw'ALOUIS WILLACY

Attorney for Plaintiff Sidney Earl Swanson

/' / i i /I21/1i/i

COMPLAINT FOR COPYRIGHT INFRINGEMENT witii DEMAND FOR JURY TRIAL

EXHIBIT A

9/10/2014. . ^M cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi ^^Type of Work: Music

Registration Number / Date:PAU002712187 / 2002-09-11

Title: Songs by Sidney : vol. 1.

Description: Compact disc.

Notes: Music only.

Copyright Claimant:Sidney E. Swanson

Date of Creation: 1995

Rights and Permissions:Rights & permissions info, on original appl. in CO.

Variant title: Songs by Sidney : vol. 1

Names: Swanson, Sidney E.

http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi -;/1

UNITED SlQs DISTRICT COURT, CENTRAL DISTRICT OF AfORNIACIVIL COVER SHEET

I. (a) PLAINTIFFS ( Check box if you are representing yourself ["JSIDNEY EARLSWANSON, an individual

(b) County of Residence of First Listed Plaintiff(EXCEPT INU.S. PLAINTIFF CASES)

(c) Attorneys {Firm Name, Address and Telephone Number) If you arerepresenting yourself, provide the same information.Louis Willacy (SBN 186356)LOUIS WILLACY, ESQ.360 Grand Avenue, Suite 250, Oakland, CA 94610Telephone: 415.670.9400 Facsimile: 415.952.9310

DEFENDANTS (Check box if you are representing yourself [~J )SONY MUSIC HOLDINGS INC., a Delaware corporation; MJJ PRODUCTIONS, INC., aCalifornia corporation; TIMOTHY ZACHERY MOSLEY, an individual; CORY ROONEY, anindividual:and DOES 1 through 10, inclusive.

County of Residence of First Listed Defendant(IN U.S.PLAINTIFF CASES ONLY)

Attorneys [Firm Name, Address and Telephone Number) If you arerepresenting yourself, provide the same information.

II. BASIS OFJURISDICTION (Place an Xinone box only.)

I 11. U.S. GovernmentPlaintiff

I 3. Federal Question (U.S.Government Not a Party)

III. CITIZENSHIP OF PRINCIPAL PARTIES-For Diversity Cases Only(Place an Xin one box for plaintiff and one for defendant)

PTF DEF PTF DEFCitizen of This State 1 1 '"corporated or Principal Place [-] 4 Fl 4of Business in this State

Citizen ofAnother State r~]

3 [] 3 Foreign Nation

[J 2 Incorporated and Principal Place D 5 D 5of Business in Another State

6 6| | 2. U.S. Government

Defendant| 14. Diversity (Indicate Citizenship

of Parties in Item III)

IV. ORIGIN (Place an Xin one box only.)

Citizen or Subject of aForeign Country

1. OriginalProceeding

2. Removed fromState Court

3. Remanded fromAppellate Court

4. Reinstated orReopened

5. Transferred from AnotherDistrict (Specify!

6. Multi-| | District Litigation

V. REQUESTED IN COMPLAINT: JURY DEMAND: |x] Yes No (Check "Yes" only if demanded incomplaint.)CLASS ACTION under F.R.Cv.P. 23: [J Yes [x] No QMONEY DEMANDED IN COMPLAINT: $ proven attrialVI. CAUSE 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 under17U.S.C. 106and 501 basedon Defendants' unauthorized useofPlaintiffs composition.

VII. NATURE OF SUIT (Place an Xin one box only).OTHER STATUTES

375 False Claims Act 400 State

Reapportionment 410 Antitrust[~J 430 Banks and Banking 450 Commerce/ICC

Rates/Etc.

I | 460 Deportation 470 Racketeer influ

enced &Corrupt Org.

| | 480 Consumer Credit 490 Cable/Sat TV

850 Securities/Com- modities/Exchanger-, 890 Other StatutoryII Actions 891 Agricultural Acts 893 Environmental

Matters

895 Freedom of Info.Act

896 Arbitration

899 Admin. Procedures| | Act/Review of AppealofAgency Decision

950 Constitutionality ofState Statutes

FOR OFFICE USE ONLY:

CONTRACT

| | 110 Insurance 120 Marine 130Miller Act 140 Negotiable

Instrument

150 Recovery of|I Overpayment &Enforcement ofJudgment

[7J 151 Medicare Act152 Recovery of

[~J Defaulted StudentLoan (Excl. Vet.)

153 Recovery ofI | Overpaymentof

Vet. Benefits

160 Stockholders'Suits

rj 190 OtherContract

195 ContractProduct Liability

[~J 196FranchiseREAL PROPERTY

[J 210LandCondemnation

| | 220 Foreclosure230 Rent Lease &

REAL PROPERTY CONT.

240Torts to Land|~J 245TortProduct

Liability[~J 290All OtherReal

PropertyTORTS

PERSONAL INJURY

310 Airplane 315 Airplane

Product LiabilityrI 320 Assault, Libel&ll Slander 330 Fed. Employers'

Liability 340Marine

345 Marine ProductLiability

350Motor Vehicle355 Motor VehicleProduct Liability

360 Other Persona IInjury

362 Personal Injury-Med Malpratice

365 Personal Injury-Product Liability367 Health Care/

II Pharmaceutical Personal Injury

Product Liabilityrn 368AsbestosI I Personal Injury

itv

Ejectment

Case Number^pcrnr

IMMIGRATION

462 NaturalizationApplication

465 OtherImmigration Actions

TORTSPERSONAL PROPERTY

370OtherFraudI I 371 Truth inLending

380 Other Personal Property DamageII 385 Property Damage"I Product Liability

BANKRUPTCY

ii 422 Appeal 28USC158

423 Withdrawal 28USC157

CIVIL RIGHTS

440OtherCivil Rights 441 VotingI | 442 EmploymentII 443Housing/'' Accommodations

445 American with Disabilities-

Employment 446 American with

Disabilities-Other

ri 448 Education

ofTf 5CV-71 (06/14) CIVIL COVER SHEET

PRISONER PETITIONS

Habeas Corpus:I I 463 Alien Detainee 510 Motions to Vacate

Sentence 530General 535Death Penalty

Other:

540Mandamus/Other 550Civil Rights1I 555 Prison Condition

560 Civil DetaineeLJ Conditions of

ConfinementFORFEITURE/PENALTY

!_. 625 Drug RelatedI I Seizure ofProperty 21

USC 881 690 Other

LABOR

710 Fair Labor StandardsAct

I| 720 Labor/Mgmt.L-' Relations

740Railway Labor Act 751 Family and Medical

Leave Act

rI 790 Other LaborII LitigationII 791 Employee Ret. In

Security Act

PROPERTY RIGHTS

[x] 820Copyrights 830 Patent 840Trademark

SOCIAL SECURITY 861 HIA(1395ff) 862Black Lung (923) 863DIWC/DIWW (405 (g)) 864SSID Title XVI 865RSI (405 (g))

FEDERALTAX SUITS

r-, 870 Taxes (U.S. Plaintiff orII Defendant)r-i 871 IRS-Third Party 26 USC

UNITED STS DISTRICT COURT, CENTRAL DISTRICT OF ^FORNIACIVIL COVER SHEET

VIII. VENUE: Your answers to the questions below will determine the division of the Court to which this case will be initially assigned. This initial assignment is subjectto change, inaccordancewiththe Court's General Orders,upon reviewbythe Courtofyour Complaintor Noticeof Removal.

QUESTION A: Was this case removedfrom state court?

Yes [x] No

If"no," skip to Question B. If"yes,"check thebox to the right that applies, enter thecorresponding division in response toQuestion E, below, and continue from there.

STATE CASE WAS PENDING IN THE COUNTY OF: INITIAL DIVISION IN CACD IS:

|~J Los Angeles, Ventura, SantaBarbara, or San Luis Obispo Western

QUESTION B: Is the United States, orone of its agencies or employees, aPLAINTIFF in this action?

Yes [x] No

If"no," skip to Question C. If"yes," answerQuestion B.l, at right

QUESTION C: Is the United States, orone of its agencies or employees, aDEFENDANT in this action?

Yes [x] No

If"no," skip to Question D. If"yes," answerQuestion C.l, at right.

[~J Orange| | Riversideor San Bernardino

B.1. Do 50% or more of the defendants who reside inthe district reside in Orange Co.?

checkone of the boxes to the right ""'T'

B.2. Do 50% or more of the defendants who reside inthe district reside in Riverside and/or San BernardinoCounties? (Consider the two counties together.)

check one of the boxes to the right .

C.I. Do 50% or more of the plaintiffs who reside in thedistrict reside in Orange Co.?

check one ofthe boxes to the right m^'

C.2. Do 50% or more of the plaintiffs who reside in thedistrict reside in Riverside and/or San BernardinoCounties? (Consider the two counties together.)

check one ofthe boxes to the right m^r

Southern

Eastern

YES. Yourcase will initially be assigned to the Southern Division.[~J Enter "Southern" inresponse to Question E, below, andcontinue

from there.

[~J NO. Continue to Question B.2.

YES. Yourcase willinitiallybe assigned to the Eastern Division. Enter "Eastern" in responseto Question E, below, and continue

from there.

NO. Your case will initially be assigned to the Western Division. Enter "Western" in response to Question E, below, andcontinue

from there.

YES. Yourcase will initiallybe assigned to the Southern Division. Enter "Southern" in responseto QuestionE, below, and continue

from there.

NO. Continue to Question C.2.

YES. Yourcase willinitiallybe assigned to the Eastern Division.I I Enter"Eastern" in response to Question E, below,and continue

from there.

NO. Yourcase willinitiallybe assigned to the Western Division.[~J Enter "Western" in responseto Question E, below, and continue

from there.

QUESTION D: Location of plaintiffs and defendants?A.

Orange County

B.

Riverside or SanBernardino County

Los Angeles, Ventura,Santa Barbara, or SanLuis Obispo County

Indicate the location(s) in which 50% or more of plaintiffs who residein this districtreside. (Checkup to two boxes, or leave blank ifnone of these choices apply.)Indicate the location(s) in which 50% or more of defendants who reside in thisdistrict reside. (Check up to two boxes,or leave blank ifnone of these choicesapply.)

D.I. is there at least one answer in Column A?

Yes px] NoIf"yes,"your case will initially be assigned to the

SOUTHERN DIVISION.

Enter "Southern" in response to Question E, below, and continue from there.If"no," go to question D2 to the right "^

QUESTION E: Initial Division?

Enter the initial division determined by Question A, B,C, or D above:

QUESTION F: Northern Counties?

D.2. Is there at least one answer in Column B?

[X] Yes NoIf"yes," your case willinitiallybe assigned to the

EASTERN DIVISION.

Enter "Eastern" in response to Question E, below.If"no,"your case willbe assigned to the WESTERN DIVISION.

Enter "Western" In response to Question E, below.

INITIAL DIVISION IN CACD

EASTERN

I

Do 50% ormore ofplaintiffs ordefendants in this district reside in Ventura, Santa Barbara, orSan Luis Obispo counties? [H Yes No

CV-71 (06/14) CIVIL COVER SHEET Page 2 of 3

UNITED 5H DISTRICT COURT, CENTRAL DISTRICT OFMFORNIACIVIL COVER SHEET

IX(a). IDENTICAL CASES: Has this action been previously filed in this court?

Ifyes, list case number(s):

[x] NO YES

IX(b). RELATED CASES: Is thiscase related (as defined below) to anycases previously filed in this court?Ifyes, list case number(s):

NO YES

Civil cases are related when they:

Q A. Arise from the sameor closely related transactions, happening, or event;[] B. Call for determination ofthe sameorsubstantially related or similar questions of law andfact; orQ C. For otherreasons would entail substantial duplication of labor ifheard by different judges.Check all boxesthat apply. Thatcases may involve the same patent, trademark,or copyright isnot, in itself, sufficient to deem casesrelated.

X. SIGNATURE OF ATTORNEY(OR

IGNATURE OF ATTORNEY | r I SELF-REPRESENTED LITIGANT): L-VL) t Q> V\J \L- L^H< W^ DATE: September 16,2014

Notice to Counsel/Parties: The submission of this Civil Cover Sheet is required by Local Rule 3-1. This Form CV-71 and the information contained hereinneither replaces norsupplements the filing andservice of pleadings orother papersas required bylaw, exceptas provided bylocal rules ofcourt. Formore detailed instructions, see separate instruction sheet (CV-071 A).

Keyto Statistical codes relating to Social Security Cases:

Nature of Suit Code Abbreviation Substantive Statement of Cause of ActionAll claims forhealthinsurance benefits(Medicare) underTitle 18,PartA, of the Social Security Act, as amended. Also,include claimsby hospitals, skilled nursing facilities, etc., for certificationas providers of servicesunder the program.(42U.S.C1935FF(b))

All claimsfor "Black Lung"benefits under Title4, Part B, of the FederalCoalMineHealth and SafetyActof 1969.(30U.S C.923)

All claims filed byinsured workers fordisability insurance benefitsunderTitle 2 of the Social Security Act, as amended; plusall claimsfiledforchild's insurance benefits based on disability. (42 U.S.C. 405 (g))

All claimsfiledforwidows or widowers insurance benefits based on disabilityunder Title2 of the SocialSecurityAct, asamended. (42 U.S.C. 405 (g))

All claims forsupplemental securityincome payments based upon disability filed underTitle 16ofthe Social Security Act, asamended.

861

862

863

863

864

865

CV-71 (06/14)

HIA

BL

DIWC

DIWW

SSID

RSI All claimsfor retirement (old age) and survivorsbenefits under Title2 of the SocialSecurityAct, as amended.(42 U.S.C. 405 (g))

CIVIL COVER SHEET Page 3 of 3