Jimmy Smith v. Drake - Pound Cake copyright lawsuit
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JUDGE TORRES /• JS 44C/SDNY REV. 2/2014 CIVIL COVER SHEET 14 CV PLAINTIFFS ESTATE OF JAMES OSCAR SMITH and HEBREW HUSTLE INC. ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER ANTHONY MOTTA, 50 Broadway, Suite 2202, New York, N.Y. 10004 Tel: (212)791-7360 DEFENDANTS CASH MONEY RECORDS, INC., UNIVERSAL REPUBLIC RECORDS, an unincorporated division of UMG RECORDINGS, INC., [See Addendum] ATTORNEYS (IF KNOWN) Unknown CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE) (DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY) Cause of action for Copyright infringement; 17 U.S.C. Sec. 101 et. seq. o< The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of '^*B' pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for use of the Clerk of Court for the purpose of initiating the civil docket sheet. . fYl-) 4 ** OA4 ^ 70S Has this action, case, or proceeding, or one essentially the same been previously filed in SDNY atany time? NcOY'es|_|judge Previously Assigned If yes, wasthis case Vol. II Invol. | | Dismissed. No Q Yes Q If yes, give date &Case No. IS THIS AN INTERNATIONAL ARBITRATION CASE? No £3 YeS Q (PLACE AN[x]INONEBOX ONLY) NATURE OF SUIT ACTIONS UNDER STATUTES CONTRACT PERSONAL INJURY PERSONAL INJURY FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES [ 1110 INSURANCE []310 AIRPLANE [ ]362 PERSONAL INJURY - I 1610 AGRICULTURE [] 422 APPEAL [ ]400 STATE []120 MARINE []315 AIRPLANE PRODUCT MED MALPRACTICE [ ]620 OTHER FOOD & 28 USC 158 REAPPORTIONMENT I 1130 MILLER ACT LIABILITY [ ]365 PERSONAL INJURY DRUG [J 423 WITHDRAWAL [ 1410 ANTITRUST []140 NEGOTIABLE [ ]320 ASSAULT, LIBEL & PRODUCT LIABILITY I ]625 DRUG RELATED 28 USC 157 [ 1430 BANKS & BANKING INSTRUMENT SLANDER [ ]368 ASBESTOS PERSONAL SEIZURE OF [ 1450 COMMERCE []150 RECOVERY OF [ ]330 FEDERAL INJURY PRODUCT PROPERTY [ ]460 DEPORTATION OVERPAYMENT & EMPLOYERS' LIABILITY 21 USC 881 PROPERTY RIGHTS [ ]470 RACKETEER INFLU ENFORCEMENT LIABILITY [ ]630 LIQUOR LAWS ENCED & CORRUPT OF JUDGMENT []340 MARINE PERSONAL PROPERTY [ ]640 RR & TRUCK M820 COPYRIGHTS ORGANIZATION ACT I 1151 MEDICARE ACT []345 MARINE PRODUCT [ ]650 AIRLINE REGS []830 PATENT (RICO) I ]152 RECOVERY OF LIABILITY I ]370 OTHER FRAUD [ ]660 OCCUPATIONAL [] 840 TRADEMARK [] 480 CONSUMER CREDIT DEFAULTED [ ]350 MOTOR VEHICLE []371 TRUTH IN LENDING SAFETY/HEALTH [ ]490 CABLE/SATELLITE TV STUDENT LOANS [ ]355 MOTOR VEHICLE [ 1380 OTHER PERSONAL [ ]690 OTHER [ 1810 SELECTIVE SERVICE (EXCL VETERANS) PRODUCT LIABILITY PROPERTY DAMAGE SOCIAL SECURITY [ ]850 SECURITIES/ [I 153 RECOVERY OF [ ]360 OTHER PERSONAL [ ]385 PROPERTY DAMAGE COMMODITIES/ OVERPAYMENT INJURY PRODUCT LIABILITY LABOR [ ] 861 HIA (1395ff) EXCHANGE OF VETERAN'S [] 862 BLACK LUNG (923) []875 CUSTOMER BENEFITS I 1710 FAIR LABOR [ ] 863 DIWC/DIWW (405(g)) CHALLENGE I )160 STOCKHOLDERS STANDARDS ACT [] 864 SSID TITLE XVI 12 USC 3410 SUITS [1720 LABOR/MGMT [ I 865 RSI (405(g)) [ ]890 OTHER STATUTORY [ ]190 OTHER PRISONER PETITIONS RELATIONS ACTIONS CONTRACT [1730 LABOR/MGMT I 1891 AGRICULTURAL ACTS I 1195 CONTRACT []510 MOTIONS TO REPORTING & FEDERAL TAX SUITS [J 892 ECONOMIC PRODUCT ACTIONS UNDER STATUTES VACATE SENTENCE DISCLOSURE ACT STABILIZATION ACT LIABILITY 28 USC 2255 []740 RAILWAY LABOR ACT [ ]870 TAXES (U.S. Plaintiff or [ ]893 ENVIRONMENTAL [ 1196 FRANCHISE CIVIL RIGHTS [ ]530 HABEAS CORPUS [ ]790 OTHER LABOR Defendant) MATTERS [ ]535 DEATH PENALTY LITIGATION [ ] 871 IRS-THIRD PARTY [I 894 ENERGY []441 VOTING []540 MANDAMUS & OTHER [ 1791 EMPL RET INC 26 USC 7609 ALLOCATION ACT I ]442 EMPLOYMENT SECURITY ACT [ ]895 FREEDOM OF REAL PROPERTY []443 HOUSING/ INFORMATION ACT ACCOMMODATIONS IMMIGRATION [] 900 APPEAL OF FEE I 1210 LAND [ ]444 WELFARE PRISONER CIVIL RIGHTS DETERMINATION CONDEMNATION [ ]445 AMERICANS WITH [I 462 NATURALIZATION UNDER EQUAL [J 220 FORECLOSURE DISABILITIES - [ 1550 CIVIL RIGHTS APPLICATION ACCESS TO JUSTICE [ ]230 RENT LEASE & EJECTMENT [ ]446 EMPLOYMENT AMERICANS WITH [ ]555 PRISON CONDITION [ ]463 HABEAS CORPUS- ALIEN DETAINEE [I 950 CONSTITUTIONALITY OF STATE STATUTES I I 240 TORTS TO LAND DISABILITIES -OTHER [ 1465 OTHER IMMIGRATION II 245 TORT PRODUCT LIABILITY [ ]440 OTHER CIVIL RIGHTS (Non-Prisoner) ACTIONS [I 290 ALL OTHER REAL PROPERTY Check if demanded in complaint: • CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23 DO YOU CLAIM THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.? IF SO, STATE: DEMAND $300,000 OTHER Injunction judge DOCKET NUMBER Check YES only if demanded in complaint JURY DEMAND: S YES • NO NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32).
Plaintiffs allege to be the estate of jazz musician Jimmy Smith, and his publisher Hebew Hustle, and are using Drake and his record company over an unauthorized sample of Smith's spoken word intro from a 1982 album on Drake's song "Pound Cake". Amazon and Apple are also named as defendants. The plaintiffs allege that they refused to take down the recordings (presumably because they believed the sample was authorized or that the plaintiffs were not the proper rights holders), and therefore do not qualify for the DMCA safe harbor. For informational purposes only. Not legal advice. I am not representing any parties in this action. For more information about our practice, see:http://torekeland.com/about/mark-h-jaffeand legal tidbits on my twitter feed:@MarkJKings
TRANSCRIPT
JUDGE TORRES/ JS 44C/SDNY
REV. 2/2014CIVIL COVER SHEET 14 CV
PLAINTIFFS
ESTATE OF JAMES OSCAR SMITH and HEBREW HUSTLE INC.
ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBERANTHONY
MOTTA, 50 Broadway, Suite 2202, New York, N.Y. 10004Tel:
(212)791-7360
CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE
FILING AND WRITE A BRIEF STATEMENT OF CAUSE)(DO NOT CITE
JURISDICTIONAL STATUTES UNLESS DIVERSITY)
Cause of action for Copyright infringement; 17 U.S.C. Sec. 101
et. seq.
