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ORIGINAL ALLEN HYMAN, ESQ. (CBN: 73371}LAW OFFICES OF ALLEN HYMAN10737 Riverside DriveNorth Hollywood, California 91602
(818) 763-6289 or (323) 877-3405(818) [email protected]
Attorneys for PlaintiffTHOMAS EDWARD JONES
f/o
FILEDSuperior Court of California
County of Los Angeles
JUL 16 201*HUMAS JKDWAKD JONES ^ JUL 1U tOTyy ^&g /l/^fy^^ A4. /%- ^^^^aSfi?R. carter, E^cuttve i
Myrna Bettran
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
Officer/ClerkDeputy
THOMAS EDWARD JONES, anindividual,
Plaintiff,
v.
HOBLONG MUSIC, an entityunknown; SANCTUS RECORDCOMPANY, an entity unknown; JOELONG, an individual; and DOES 1through 20, inclusive,
Defendants.
CASE NO. BC5 51716
COMPLAINT FORDECLARATORY RELIEF
Plaintiff Thomas Edward Jones ("JONES") for his
complaint pleads as follows: '
1. Plaintiff JONES is an individual who resides in Los
Angeles, California. x m2g$ fi 2ot 2 :_ < o x- i
2. Defendant Hoblong Music ("H OT "> Q _5 ,lS;\Shred Data\PC?\JONES\COD\COMPLAINT 2.wpd r~ -ww
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that existed in Los Angeles in the 1960s.
4. Defendant Joe Long ("LONG") was or is an individual
that was or is a resident of Los Angeles County, California, and
was a resident of Los Angeles County in the 1960s.
5. JONES sues DOES 1 through 20 pursuant to California
Code of Civil Procedure Section 474.
Background Facts
6. JONES is a longtime well-established well-
recognized composer and creator of musical compositions and
performances of those compositions for motion picture and
television. JONES is the founder and CEO of Jones TV Inc., a media
company located in Burbank, CA.
7. For the past 30 years, since, 1984, JONES has been
a member of the America Society of Composers, Authors and
Publishers ("ASCAP").
8. From the 1980s to the present, JONES has had a very
successful career as a composer or co-author of numerous television
series and programs which JONES'S composed musical compositions
have appeared over a twenty (20) year period on hundreds of
episodes of television programs in the U.S. and internationally,
including among other shows: "The Real Adventures of Johnny
Quest;" "Dot & Spot's Magical Christmas Adventure,-" "Stories From
My Childhood;" "Dexter's Laboratory: Ego Trip;" "The New Woody
Woodpecker Show,-" "The Powderpuff Girls;" "Dexter's Laboratory,-"
"Codename: Kids Next Door,-" and "The Batman."
9. JONES is as well the composer or co-author and
creator of numerous motion picture soundtracks, including "Scooby-
Doo and the Loch Ness Monster;" "Batman vs. Dracula,-" "Scooby-Doo
2COMPLAINT FOR DECLARATORY RELIEF
S:\Shared DaCa\PC7\JONES\COD\COMPLAINT_2.wpd
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&1 and the Goblin King:" "The Powderpuff Girls: Who, what, Where, How,
2 Why...Who Cares?;" "April Rain;" as well as many others.
3 10. In 1967, JONES at the age of 17 years formed a
4 musical performing group identified as the "Caretakers of
5 Deception."
6 11. JONES at the age of 17 years, named the performing
7 group "Caretakers of Deception," was the group's organizer/leader,
8 directed the band, and chose who could or would be in the band and
9 who would not.
10 12. In 1967, JONES composed and was the sole author and
11 composer of two (2) musical compositions entitled: (a) "Cuttin'
12 Grass,-" and (b) "X+Y=13."
13 13. In 1967, JONES created and supervised the
14 arrangements for JONES'S performing group "Caretakers of
15 Deception's" performances of "Cuttin' Grass" and "X+Y=13."
16 14. In 1967, JONES'S group, "Caretakers of Deception,"
17 performed JONES'S compositions as arranged under JONES'S direction
18 at clubs in Los Angeles, including among others: "Brave New World"
19 and "Seawitch."
20 15. In 1967, a person by the name of Larry Miller, who
21 represented himself to be a talent agent, informed JONES that there
22 may be possible interest in JONES'S group by a record company not
23 identified.
24 16. At the request of Larry Miller, JONES directed his
25 group to travel to a house which included a recording studio,
26 identified as the home of LONG in the Topanga Hills.
27 17. In 1967, under JONES'S direction, JONES'S group
28 performed the two (2) JONES compositions with JONES'S arrangements:
3COMPLAINT FOR DECLARATORY RELIEF
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(a) "Cuttin' Grass,-" and (b) "X+Y=13," which were recorded at theLONG recording studio.
18. From 1967 to the present, JONES had no further
contact with Larry Miller or LONG.
19. In April, 2014, for the first time, JONES learned
that the two (2) performances of JONES'S performing group"Caretakers of Deception," that of: (a) "Cuttin' Grass,-" and (b)"X+Y=13," recorded in 1967 at the LONG home recording studio wereapparently pressed and released as a 45RPM recording by a companyidentified as SANCTUS, identifying HOBLONG as the music publisherto the two (2) compositions, which recording identifies "T. JONES,"that is plaintiff JONES as the composer. A photocopy of therecording is identified as Exhibit No. 1.
20. JONES did not ever assign his copyright in the two
(2) compositions: (a) "Cuttin' Grass;" and (b) X+Y=13," to anentity named HOBLONG nor to any individual or entity. JONES didnot enter into a recording agreement with SANCTUS or any other
person or entity in 1967 or at any time which agreement providedthat entity the right to release any recorded performances of
JONES'S "Caretakers of Deception," performing group.
21. From 1967 to the present, JONES has not received
any communication from an entity identified as either HOBLONG or
SANCTUS.
22. JONES has conducted a search to determine the
location and identify of HOBLONG and SANCTUS.
23. While Broadcast Music Inc., ("BMI") a performancesociety, identifies a "Hoblong Music" (Ex. No. 2) it does notidentify any address or location or person associated with HOBLONG.
; 4COMPLAINT FOR DECLARATORY RELIEF
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24. A search of the U.S. copyright office does not
indicate any recordation by HOBLONG or SANCTUS.
25. This claim does not "arise under the copyrightact." This claim is for declaratory relief to have the Court
declare that JONES did not assign his copyright interest toHOBLONG, and that JONES did not assign his performances in pre-1972sound recordings to SANCTUS or any individual or entity.
FIRST CLAIM FOR DECLARATORY RELIEF
(Against HOBLONG)
26. JONES first seeks declaratory relief as between
JONES and HOBLONG requesting a finding by the Court that JONES did
not assign any copyright interest to defendant HOBLONG of JONES'S
authorship interest in the musical compositions: (a) "Cuttin'Grass;" and (b) "X+Y=13," and that HOBLONG has no right title orinterest in the copyright to the musical compositions, and that
HOBLONG did not ever have or has any right title or interest in the
musical compositions: (a) "Cuttin' Grass,-" and (b) "X+Y=13."
SECOND CLAIM FOR DECLARATORY RELIEF
(Against SANCTUS)
27. JONES further seeks declaratory relief as between
JONES and SANCTUS, that as between JONES and SANCTUS, JONES is the
owner of the sound recordings identified on Exhibit No. 1, the
sound recordings of JONES and JONES'S performing group, "Caretakersof Deception," of the 1967 recordings of (a) "Cuttin' Grass,-" and(b) "X+Y=13."
28. The 1976 U.S. Copyright Act, effective January 1,1978, reaffirmed that only those sound recordings that were
"fixed," that is created after February 15. 1972. are eligible for
5COMPLAINT FOR DECLARATORY RELIEF
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statutory copyright. The two (2) sound recordings at issue in this
complaint for declaratory relief as identified on Exhibit No. 1
were fixed in 1967, prior to February 15, 1972, and are governed by
common law copyright or state law protection.
29. California Civil Code 980(2) provides in part that:
The author of an original work ofauthorship consisting of a soundrecording initially fixed prior toFebruary 15, 1972 has an exclusiveownership therein until February15, 2047, as against all persons...
WHEREFORE, plaintiff JONES pleads for the Court to:
1. Declare the rights of JONES in the musical
compositions identified with regard to defendant HOBLONG;
2. Declare' the rights of JONES in the two (2) sound
recordings identified with regard to defendant SANCTUS;
3. To declare the rights of JONES as to defendant
LONG ;
4. For costs of suit; and
5. For such further relief as the Court deems
appropriate.
Respectfully submitted,
LAW OFFICES OF ALLEN HYMAN
Dated: July 16, 2014 By:lyman, Esq.
Attorneys for Plaintiff,THOMAS EDWARD JONES
COMPLAINT FOR DECLARATORY RELIEFS:\Shared Data\PC7\JONBS\COD\COMPLAINT_2.wpd
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BMI | Repertoire Search
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ffEXHIBIT
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yORIGINAL
[ATTORNEY ORPARTY WITHOUT ATTORNEY ('feme.Steffi Barnumber, andaddressj;-Allen Hyman, Esq. (SBN: 73371)
Law Offices of Allen Hyman10737 Riverside Dr.North Hollvwood, CA 91602
telephone no.: (818) 763-6289 fax no: (818) 763-4676attorney for warn*,. Plaintiff, THOMAS EDWARD JONES
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELESstreet address: 111 North Hill Streetmailing address: 111 North Hill Street
city and apcode- Los Angeles, CA 90012branch name: Central District
CASE NAME:
THOMAS EDWARD JONES v. HOBLONG MUSIC, et al.
CM-010FOR COURT USE OM.Y
FILED n aSuperior Court of CaliforniaCounty of Los Angeles
JUL 16 201*Sherri R. Carter, Executive Officer/Clerk
By. mT?T lCaSeS filed Y0U must """P** items 1throu9h 6on the sheet. In item 1, you must check_ ^thaLblSt d6SCnbeS the C88e- ,f lhe * fits both a9eneral and amore specific type of case listed in item 1Tn ,, r'n spea c,oneJf *? * has mu,tiP'e * of action, check the box that best indicates the primary cause of SonTo assist you in completing the sheet, examples of the cases that belong under each case type in item 1are provided below AcoverL ^Stnly "? y0Uf T* Pap?r_,Fai,U,B t0 fi,e aCOver Sheet with the first *r filed in acivil se * sJSect aSits counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. liy.To Parties in Rule 3.740 Collections Cases. A"collections case" under rule 3.740 is defined as an action for recovery of monevS'l8 ST St3ted t0 teCertain that is not more than $25'000' exdusive of interest a^ attorney's fees, arising from atransaction inwhich property, services or money was acquired on credit. Acollections case does not include an action seeking the following- (1) tortS .(2)PU^damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of
attachment. The identrfication of acase as a rule 3.740 collections case on this form means that it will be exempt from the generaltime-for-service requirements and case management rules, unless a defendant files a responsive pleading Arule 3740 collectionscasewill besubject to the requirements for service and obtaining a judgment in rule 3.740.To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether thecase is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated bycomp eting the appropriate boxes in items 1and 2. If a plaintiff designates a case ascomplex, the cover sheet must be served with thecomplaint on all parties to the action. Adefendant may file and serve no later than the time of its first appearance a joinder in theplaintiffs designation, acounter-designation that the case is not complex, or, if the plaintiff has made no designation adesignation thatthe case is comraex. athe case is complex.Auto Tort
Auto (22)-Personal Injury/PropertyDamage/Wrongful Death
UninsuredMotorist (46) (ifthecase involves an uninsuredmotoristclaim subject toarbitration, check this iteminstead of Auto)
OtherPI/PD/WD (Personal Injury/Property Damage/Wrongful Death)Tort
Asbestos (04)Asbestos PropertyDamageAsbestos Personal injury/
Wrongful DeathProduct Liability (notasbestos or
toxic/environmental) (24)Medical Malpractice (45)
Medical Malpractice-Physicians &Surgeons
Other Professional Health CareMalpractice
Other PI/PD/WD (23)Premises Liability (e.g., slip
and fall)Intentional Bodily Injury/PD/WD
(e.g., assault, vandalism)Intentional Infliction of
Emotional DistressNegligent Infliction of
Emotional DistressOther PI/PO/WD
Non-PI/PO/WO(Other) TortBusiness Tort/Unfair Business
i~'i Practice (07)"Civil Rights (e.g., discrimination,
"--! false arrest) (notcivilharassment) (08)
Defamation (e.g., slander, libel)K-" (13)
Fraud (16)(Intellectual Property (19)Professional Negligence (25)
"' Legal Malpractice., i Other Professional Malpractice
(not medical or legal).-.Other Non-PI/PD/WD Tort(35)
EmploymentHAfrongfUl Termination (36)Other Employment (15)
CASE TYPES AND EXAMPLESContract
BreachofContract/Warranty (06)Breach of Rental/Lease
Contract (not unlawful detaineror wrongful eviction)
Contract/Warranty Breach-SellerPlaintiff (not fraud ornegligence)
Negligent Breach of Contract/Warranty
OtherBreachofContract/WarrantyCollections (e.g.. money owed,open
book accounts) (09)Collection Case-Seller PlaintiffOther Promissory Note/Collections
CaseInsuranceCoverage (notprovisionally
complex) (18)Auto SubrogationOther Coverage
Other Contract (37)Contractual FraudOther Contract Dispute
Real PropertyEminent Domain/Inverse
Condemnation (14)WrongfulEviction(33)Other Real Property(eg., quiet title) (26)
Writ ofPossession of RealPropertyMortgage ForeclosureQuiet TitleOther Real Property (noteminentdomain, landlord/tenant, orforeclosure)
Unlawful DetainerCommercial(31)Residential (32)Drugs (38) (ifthecase involves illegal
drugs, check this item: otherwise,report as Commercial or Residential)
Judicial ReviewAsset Forfeiture (05)Petition Re; Arbitration Award (11)Writof Mandate (02)
Writ-Administrative MandamusWrit-Mandamus on Limited Court
Case MatterWrit-Other Limited Court Case
ReviewOther Judicial Review (39)
Review of Health Officer OrderNotice of Appeal-Labor
Commissioner AppealsCIVIL CASE COVER SHEET
CM-010(Rev. July 1,20071
Provisionally Complex Civil Litigation (Cal.Rules of CourtRules 3.400-3.403)
Antitrust/Trade Regulation (03)ConstructionDefect (10)Claims Involving Mass Tort(40)Securities Litigation (28)Environmental/Toxic Tort (30)Insurance Coverage Claims
(arising from provisionally complexcase type listed above) (41)
Enforcement of JudgmentEnforcement ofJudgment(20)
Abstract of Judgment (Out ofCounty)
Confession of Judgment (non-domesticrelations)
Sister State JudgmentAdministrative AgencyAward
(not unpaidtaxes)Petition/Certification of Entry of
Judgment on Unpaid TaxesOther Enforcement of Judgment
CaseMiscellaneous Civil Complaint
RICO (27)Other Complaint (rwfspecified
above) (42)Declaratory ReliefOnlyInjunctive ReliefOnly(non-
harassment)Mechanics LienOther Commercial Complaint
Case (non-tort/non-complex)Other Civil Complaint
(non-tort/non-complex)Miscellaneous Civil Petition
Partnership and CorporateGovernance (21)
Other Petition (not specifiedabove) (43)Civil HarassmentWorkplace ViolenceElder/Dependent Adult
AbuseElection ContestPetitionfor Name ChangePetition for Relief From Late
ClaimOther Civil Petition
Page 2 of 2
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NALSHORT TITLE:
THOMAS EDWARD JONESv. HOBLONG MUSIC, et al. CASE NUMBER 1716CIVIL CASE COVER SHEET ADDENDUM AND
STATEMENT OF LOCATION(CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION)
This form is required pursuant toLocal Rule 2.0 in all new civil case filings in the Los Angeles Superior Court.
Item I. Check the types ofhearing and fill in the estimated length of hearing expected for this case:JURY TRIAL? YES CLASS ACTION? YES LIMITED CASE? DyES TIME ESTIMATED FOR TRIAL 3-5 p HOURS/ 0 DAYS
Item II. Indicate the correct district and courthouse location (4 steps - If you checked "Limited Case", skip to Item III, Pg. 4):
Step 1: After first completing the Civil Case Cover Sheet form, find the main Civil Case Cover Sheet heading for yourcase in the left margin below, and, to the right in Column A, the Civil Case Cover Sheet casetype you selected.
Step 2: Check oneSuperior Court type of action in Column B below which best describes the nature of this case.
Step 3: In Column C, circle the reason for the court location choice that applies to the type of action you havechecked. For any exception to the court location, see Local Rule 2.0.
Applicable ReasonsforChoosing Courthouse Location (see Column C below)1 Class actions must be filed in the Stanley Mosk Courthouse,centraldistrict2. May be filed incentral (other county, or no bodily injury/property damage).3. Location where cause of action arose.4. Locationwhere bodily injury,death or damage occurred.5. Location where performance required or defendant resides.
6. Location ofproperty or permanently garaged vehicle.7. Location where petitioner resides.8. Location wherein defendant/respondent functions wholly.9. Location where one or more ofme parties reside.
10 Location of Labor Commissioner Office
Step 4: Fill in the information requested on page 4 in item III; complete Item IV. Sign the declaration.
is< I-
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SHORT TITLE
THOMAS EDWARD JONES v. HOBLONG MUSIC, et al. CASE NUMBER
ACivil Case Cover Sheet
Category No.
BType of Action
(Check onlyone)i\ C
Applicable Reasons-See"Step 3 Above
>.r_
Business Tort(07) D A6029 Other Commercial/Business Tort (not fraud/breach of contract) 1., 3.o ~;
Civil Rights (08) D A6005 Civil Rights/Discrimination 1,2., 3a. s
?>__a 5
Defamation(13) a A6010 Defamation (slander/libel) 1., 2 3.
ton-PersonalIn Damage/Wrong
Fraud (16) Q A6013 Fraud(nocontract) 1., 2., 3.
ProfessionalNegligence(25) a A6017 LegalMalpracticeD A6050 Other Professional Malpractice (not medical orlegal)
1,2., 3.
1.,2 3.
Other (35) D A6025 Other Non-Personal Injury/Property Damage tort 2.,3.O)E
Wrongful Termination (36) O A6037 Wrongful Termination 1 23.
Q.EUJ
Other Employment (15) a A6024 Other Employment Complaint CaseD A6109 Labor Commissioner Appeals
1..2..3.
10.
Breach ofContract/Warranty(06)
(not insurance)
D A6004 Breach ofRental/Lease Contract (not unlawful detainer or wrongfuleviction)
D A6008 ContractAVarranty Breach -Seller Plaintiff (no fraud/negligence)D A6019 Negligent Breach ofContract/Warranty (no fraud)D A6028 Other Breach ofContract/Warranty (not fraud ornegligence)
2,5.
2., 5.
1., 2., 5.
1., 2., 5.
u
2c
o
o
Collections (09) D A6002 Collections Case-Seller PlaintiffO A6012 Other Promissory Note/Collections Case
2 5., 6.
2., 5.
Insurance Coverage (18) O A6015 Insurance Coverage (not complex) 1., 2, 5.,8.
Other Contract (37)D A6009 Contractual Fraud
Q A6031 Tortious Interference
a A6027 Other Contract Dispute(not breach/insurance/fraud/negligence)
1,2., 3., 5.
1,2., 3, 5.
1..2., 3., 8.
Eminent Domain/InverseCondemnation (14) D A7300 Eminent Domain/Condemnation Number of parcels 2.
>>fa.o
Wrongful Eviction (33) D A6023 Wrongful EvictionCase 2,6.
,~0>Other Real Property (26)
D A6018 Mortgage ForeclosureO A6032 Quiet Title
D A6060 Other Real Property (not eminent domain, landlord/tenant, foreclosure)
2., 6.
2,6.
26.
Unlawful Detainer-Commercial(31) O A6021 Unlawful Detainer-Commercial (not drugs orwrongful eviction) 2., 6.
C*5 Unlawful Detainer-Residential(32) D A6020 Unlawful Detainer-Residential (not drugs orwrongful eviction) 2,6.
"is
Unlawful Detainer-Post-Foreclosure (34) D A6020F Unlawful Detainer-Post-Foreclosure 2,6.
K-1 Unlawful Detainer-Drugs (38) D A6022 Unlawful Detainer-Drugs 2,6.
LACIV 109 (LASC Appro
Rev. 03/11) Cved 03-04
ML CASE COVER SHEET ADDENDUM Lo