pryor and steward - everlast copyright infringement
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8/13/2019 Pryor and Steward - Everlast Copyright Infringement
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LAW OFFICES OF COURTNEY M. COATESCOURTNEY M. COATES, ESQ.--2034482620 I Y nez Road, Ste. I 03Temecula, CA 92591Telephone: 95I) 595-8Il8
Facsimile: (951)296-2I86
Attorneys for PlaintitTsLORENZO PRYOR, TRENA STEWARD andKARLA RAY
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
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LORENZO PRYOR, TRENASTEWARD, and KARLA RAY
aJCV 3 04 4 4 Sc, L~ 0 . ffSt ~
Plaintiffs,
v
WARNER/CHAPPELL MUSIC,INC.; ERIC FRANCIS SCHRODYa/k/a EVERLAST; TOMMY BOY
ENTERTAINMENT, LLC, formerlyknown as, TOMMY BOYRECORDS; T-BOY MUSIC, LLC,and DOES I-1 0, inClusive,
Defendants.
COMPLAINT FOR:
1. Copyright Infringement
2 Contributory Infringement
3 Vicarious Infringement
DEMAND FOR JURY TRIAL)
Plaintiffs Lorenzo Pryor, Trena Steward, and Karla Ray (hereinafter
referred to as "Plaintiffs"), by and through their attorney, Law Offices of Courtney
M. Coates, allege and complain as follows:
NATURE OF THE ACTION
1. Plaintiffs seek to permanently enjoin Defendants from sampling
C O M P L A I ~ T
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Plaintiffs' original copyrighted music and sound recording, Bumpin' Bus Stop,
which constitutes copyright infringement under the laws of the United States. The
act of music sampling is the act of taking a portion, or sample of one sound
recording and reusing it as an instrument or a sound recording in a different song
or piece. Defendants have engaged in the repeated willful infringement of
Plaintiffs' copyrighted music in the infringing record, Get Down. As alleged
herein, Defendants have willfully refused to clear samples of Plaintiffs' original,
copyrighted work in order to gain a commercial profit and to avoid paying and
crediting the author.
JURISDICTION AND VENUE
2 This action arises under the Copyright Act of 1909, which was
superseded and/or amended by the Copyright Act of 1976 (the ''Copyright Act ).
This Court has jurisdiction pursuant to 28 U.S.C. Sees. 1331, 1332 and 1338, 17
U.S.C. Sec. 101 etseq
3 The venue of this action is properly laid in the Central District of
California pursuant to 28 U.S.C. Sees. 139l(b) and (c), 1392 and 1400(a). Upon
information and e l i e f ~ each of the Defendants has been transacting and continues
to transact business in the State of California and elsewhere interstate commerce,
or transacts business that atTects such commerce, and has been committing and
continues to commit the acts complained of herein in the State of California and
elsewhere in interstate commerce, and regularly has been and now does business
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and solicits business and derives substantial revenue from the sale and licensing o
creative properties and other products and services sold, used or consumed in the
State o California, including the musical composition and recording, and
elsewhere in interstate commerce. The defendants expected or should have
reasonably expected their acts, including the acts set forth above and complained
o herein, to have consequences in the State o California.
THE P RTIES
4 PlaintiffTrena Steward is an individual having a residence in San
12Diego, California. She holds a 23.23% ownership interest in the song entitled,
11 Bumpin' Bus Stop, written and recorded by her deceased father, David Pryor, o
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the music group, Thunder & Lightning.
5 Plaint itT Lorenzo Pryor is an individual having a residence in San
Diego, California. He holds a 23.44% ownership interest in the song entitled,
Bum pin· Bus Stop, written and recorded by his deceased father, David Pryor, o
20 the music group, Thunder & Lightning.
21 6. Karla Ray is an individual having a residence in Oklahoma. She
holds a 24.44% ownership interest in the song entitled, Bumpin' Bus Stop,23
24 written and recorded by her deceased father, David Pryor, o the music group,
25 Thunder & Lightning.
267 Plaintiffs are informed and believe, and based thereon allege, that at
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28 all times relevant hereto:
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a. Erik Francis Schrody aka Everlast is an American singer and
songwriter, as the front-man for rap group House of Pain. He was also part of the
hip-hop supergroup La Coka Nostra, which consists of members of House of Pain
and other rappers. Defendant Schrody resides in New York, New York. Everlast
is a three-time Grammy award-winning producer and recording artist, having been
affiliated with some of the best selling music in history.
b Defendant Warner/Chappell Music, Inc. is an American music publishing
company and subdivision of Warner Music Group, which engages in the business
of music publishing, music production, and music distribution. Warner/Chappell
maintains an office in Santa Monica, California.
c. Defendant T-Boy Music, Inc. is an American music publishing company
and subdivision of Tommy Boy Entertainment, LLC, which engages in the
business of music publishing, music production, and music distribution. T-Boy
Music and Tommy Boy Entertainment are based in New York, New York.
8 Defendant Schrody, Warner/Chappell Music, T-Boy Music, and
Tommy Boy Entertainment are hereinafter referred to collectively as
Defendants.
F CTU L B CKGROUND
9 Plaintiffs are the heirs of David Pryor, a musician, composer, and
recording artist ( Pryor ), who wrote and recorded the musical composition,
entitled Bumpin' Bus Stop (also referred to herein as Plaintiffs' Song ).
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10. On or about 1974, Pryor wrote and recorded a musical composition
entitled "Bumpin' Bus Stop," which features Pryor's recorded vocal performance
of the following lyrics: Get Down." Plaintiffs' Song was originally recorded and
vocally performed by Pryor in a sound recording he released in 1974. Thereafter,
Plaintiffs' Song was federally registered by music publisher, Caesar's Music
Library, in January 1974 IReg. No. Eu563138 (Bumpin' Bus Stop, Pt. 1 and Reg.
No. Eu563139 (Bumpin ' Bus Stop, Pt. 2)]. Subsequently, Plaintiffs' Song was
federally registered by record labeL Private Stock Records, on January 10, 1975
2 Reg. No. N207401.
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11. On or about January 7, 2004, Pryor was admitted to a skilled
nursing facility, where he suffered from numerous incapacitating health conditions,
including without limitation, cerebrovascular disease, prostate cancer, Parkinson's
disease, senile dementia, diabetes, and epilepsy. In 2004, the Probate Division of
the Circuit Court of St. Louis County, Missouri, appointed a conservator for David
Pryor. Mr. Pryor died in May 14, 2006 in a skiLled nursing facility. The primary
cause of death was cerebrovascular disease. Prior to his death, Pryor was mentally
disabled, unaware, and did not discover any acts of infringement by Defendants.
12. On or about June 17, 20 ll , the Probate Division of the Circuit Court
of St. Louis County, Missouri, entered a Judgment Determining Heirs, granting
ownership rights in and to Bumpin' Bus Stop" to the following family members:
Trena Steward, Lorenzo Pryor, Karla Ray, Shei la Hines, and Margaret Pryor.
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Accordingly, Plaintiffs are the successors-in-interest and joint owners to Bumpin'
Bus Stop. Upon Plaintiffs making a reasonable inquiry, neither Caesar's Music
Library nor Private Stock Records had a written agreement signed by David Pryor
evidencing their right to either own, publish, distribute, or administer any rights in
and to Bumpin' Bus Stop.
13. Nonetheless, to resolve any dispute with Plaintiffs over such
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ownership rights, on August 16, 2011, Caesar's Music Library assigned to
Plaintiffs any and all of its claimed rights, title, and interest in and to Bumpin'
Bus Stop in exchange for a release of claims. On October 16,2012, Private Stock
Records assigned to Plaintiffs any and all of its claimed rights, title, and interest in
and to Bum pin' Bus Stop in exchange for a release of claims( Assignment of
Copyright and Release ).
14. Within the last three years, Plaintiffs have discovered that Caesar's
Music Library, without authorization from David Pryor or his successors-in-
interest, entered into a Sample Agreement, dated June 16, 1998, with T -Boy Music
to sample the musical composition written for Bump n' Bus Stop. Caesar's Music
neither warranted nor represented that it was the owner of the original sound
recording to Bumpin' Bus Stop. Moreover, in order to sample the sound recording
in Plaintiffs' Song, T-Boy Music was required to obtain a separate license to use
the sound recording (not just the musical composition) but failed to do so. In fact,
the Sample Agreement does not even purport to grant rights in the sound recording
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but only the musical composition, which are separate and distinct copyrightable
subject matter. Notwithstanding the foregoing, Plaintiffs are informed and believe
that T-Boy Music gave unauthorized permission to Tommy Boy Entertainment and
Warner/Chappell Music to illegally sample the sound recording and musical
composition in and to Bumpin' Bus Stop by releasing an infringing record, entitled
Get Down, featuring Erik Schrody aka Everlast [Reg. No. PA 917-380, dated
October 21, 1998]. Although originally released in 1998, as part of the album,
entitled, hite_v· ord Sings the Blues the song Get Down has been repackaged,
republished, and converted into various new media and commercial formats,
including without limitation, the making of digital copies and licensing of digital
music through iTunes, Amazon, E-Bay, and on-line retail stores within the last
16three years.
17 15 Defendants knew or had reason to know that Caesar's Music Library
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was not the rights holder in the original sound recording to Bumpin' Bus Stop19
20 because the Sample Agreement executed by music publisher, Caesar's Music
21 Library, does not even purport to grant rights in and to the sound recording and no
22express warranties appear to be made in the Sample Agreement by Caesar's Music
24 Library concerning its ownership of the musical composition or sound recording.
25 Nor did Defendants ever obtain permission from Private Stock Records to sample
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28 16. Plaintiffs' Song is now the subject of existing Copyright Registration
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Nos. V3612D942 and V3613D044, publicly recording the assignments made by
Caesar's Music and Private Stock, the Judgment Determining Heirs, and vesting
title to Plaintiffs' Song in the names of Lorenzo Pryor, Trena Steward, Margaret
Pryor, Shiela Hines, and Karla Ray ( Copyright ).
17. The music, lyrics, recorded vocal performance of David Pryor and
other creative elements of Bumpin' Bus Stop are wholly original and constitute
copyrightable subject matter under the Copyright Act. The Copyright has been
duly registered in the United States Copyright Office and all necessary recordation
and registration formalities and notice requirements under the Copyright Act have
been fully complied with. The Copyright was originally tiled for and obtained by
Caesar's Music Library. Copyright protection of Plaintiffs' Song was obtained
pursuant to the 1909 Copyright Act, which provided for an initial 28-year term of
copyright protection and a single 28-year renewal term of continued protection.
After an amendment of U.S. copyright law then in effect, this automatic renewal
term now has a period of sixty- seven (67) years. Upon Pryor's death and final
determination of his heirs in 2011, Pryor's renewals rights in Plaintiff's Song and
the Copyright passed to Plaintiffs.
FIRST CL IM FOR RELIEF
Copyright Infringement)
Against All Named Defendants)
18. Plaintiffs repeat and re-allege every allegation contained in paragraphs
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I through 7 as if fully set forth herein.
19. Plaintiffs have properly registered ownership and control ofthe
copyright and/or exclusive distribution rights to Plaintiffs Song, including Pryor's
recorded vocal performance therein.
20. Plaintiffs are informed, upon information and belief, that, without
authorization from any plaintiff, or right under law, Defendants have engaged in
copyright infringement of Plaintiffs Song. In so doing, they have unlawfully
sampled Plaintiffs Song, including David Pryor's recorded vocal performance in
12total disregard of the copyright laws.
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21. Upon information and belief, Defendants have collectively sold and/or
distributed over three 3) millions of copies of Get Down in various media
throughout the world, including but not limited to COs, DVDs, videocassettes,
digital downloads, video games, and ringtones. Upon further information and
belief, Defendants have licensed the infringing records for further recording and
various means of public performance, broadcast and webcast, including but not
limited to live performances, videos, games, radio, television, film, and the
Internet, including through one or more agents, including but not limited to BMI,
ASCAP and The Harry Fox Agency, Inc.
22. Plaintiff is informed and believes and on that basis alleges that the
Defendants have infringed and threaten to further infringe upon Plaintiffs Song by
being the source of the infringing records and aiding and abetting others in the
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manufacturing, distributing, offering for sale and/or selling copies of, licensing,
and/or otherwise commercially exploiting the infringing records, and contributing
to the infringement of Plaintiffs Song by others, in the Central District of
California and elsewhere, all without the consent or authorization of Plaintiff or
anyone authorized to act on its behalf.
823. The marketing and sale of copies of the infringing records by the
9 Defendants and others with their aid and assistance, and/or as a direct result of
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their direct and contributory actions, constitutes an unauthorized distribution of
copies of Plaintiff s copyrighted works; and the public performance of the
infringing musical composition embodied in the infringing records by Defendants
constitutes unauthorized public per formance of Plaintiffs copyrighted works, all in
violation of Plaintiffs rights under the Copyright Act.
24. Plaintiffs are informed and believes and on that basis alleges that the
Defendants infringement of Plaintiff s copyrighted work has been and continues
to be carried out with Defendants full knowledge that Plaintiffs Song are
protected by copyright and that all relevant times Defendants had actual and
constructive knowledge of Plaintiff s rights but proceeded in complete disregard
thereof. In doing the acts complained of herein, Defendants have willfully and
intentionally infringed Plaintiffs copyright.
25. Plaintiffs have suffered and continue to suffer irreparable harm and
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injury as a result of the aforesaid infringing acts of Defendants and Plaintiffs are
without an adequate remedy at law, in that damages are extremely difficult to
ascertain and, unless injunctive relief is granted as prayed for herein, Plaintiffs will
be required to pursue a multiplicity of actions.
26. Plaintiffs have sustained damages as a result of Defendants' wrongful
acts as hereinabove alleged. Defendants failed to credit David Pryor for the
samples taken and used in Get Down, resulting in enormous monetary damage
and loss of future earnings. Plaintiffs are presently unable to ascertain the full
extent of the money damages it has suffered by reason of said acts of copyright
infringement.
27. Plaintiffs are informed and believe and on that basis allege that
Defendants have obtained gains, profits, and advantages as a result of their
infringing acts as hereinabove alleged. Plaintiffs are present ly unable to ascertain
the full extent of the gains, profits, and advantages Defendants have obtained by
reason of their aforesaid acts of copyright infringement, but upon information and
belief such gains, profits, and advantages exceed. at least, the jurisdictional limit of
this court.
28. Within the last three (3) years, Defendants have continued to illegally
27exploit, re-release, re-package. and use Plaintiffs' Song, including live
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performances, distributing them worldwide in multiple formats, including without
limitation, compact disc, digital or on-line media.
29. Defendants conduct violated 7 U.S.C. § 106, and Defendants are
5 liable under 7 U .S.C. §50 I Defendants are actively involved in creating the
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supply of infringing content, making that content broadly available for distribution
to the public at large, and physically transmitting and distributing that infringing
content to third parties. Defendants further exercise active control over the
distribution process, regulating the volume and speed of transmissions to
consumers. For these reasons, among others, Defendants engage in active conduct
in unlawfully distributing Plaintiffs Song to their consumers.
30. Defendants are jointly and severally liable for each act of direct
infringement because they personally direct and participant in, and benefited from,
the infringing conduct as alleged herein.
19 31. Defendants Does 1-10 are likewise liable under the Copyright Act for
20the acts of infringement identified above for acting in concert to operate
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22Defendants and/or for infringing reproductions and distributions of plaintiffs
copyrighted works separately committed by defendants Does l-1 0.
2432. The foregoing acts of infringement by Defendants have been willful,
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26intentional and purposeful, in disregard of and indifferent to Plaintiffs rights.
27 33. As a direct and proximate result of Defendants infringement of
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plaintiffs' exclusive rights under copyright, plaintiffs are entitled to damages as
2well as Defendants' profits pursuant to 17 U.S.C. 504(b).
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4 34. Alternatively, Plaintiffs are entitled to the m ximum statutory
5 damages, in the amount of 150,000 per infringement, pursuant to 7 U.S.C.
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504( c), or for such other amount as may be otherwise proper under applicable law.
35. Plaintiffs further are entitled to their attorneys' fees and full costs
pursuant to 7 U .S.C. 505 or as may be otherwise proper under applicable law.
36. Defendants' conduct is causing, and unless enjoined and restrained by
this Court will continue to cause, Plaintiffs great and i rreparable injury that cannot
fully be compensated for or measured in money. Plaintiffs have no adequate
remedy at law. Pursuant to 7 U.S.C. 502, Plaintiffs are entitled to a preliminary
and permanent injunction prohibiting further infringements of their copyrights and
exclusive rights under copyright.
SECOND CL IM FOR RELIEF
(Contributory Copyright Infringement)
Against All Named Defendants)
21 37. Plaintiffs repeat and re-allege every allegation contained in paragraphs
through 36 as if fully set forth herein.
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2438. Plaintiffs, as the owners of the registered copyright in the original
25 musical composition and recording, have the exclusive right to authorize the
26performance, reproduction, and distribution of this work pursuant to 7 U.S.C.
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28106.
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39. Upon information and belief, Defendants have unlawfully copied,
2reproduced and/or distributed Plaintiffs ' Song by continuing to copy, release, re-
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4 package, and exploit the infringing record, ' Get Down.
5 40. Upon information and e l i e t ~ Defendants have caused or granted to
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various parties unauthorized licenses to reproduce, sample and/or distribute the
copyrighted work.
41. Defendants have willfully contributed to the infringement o
Plaintiffs' copyrights.
42. Plaintiffs are entitled to recover all damages sustained as a result o
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THIRD CLAIM FOR RELIEF
(Vicarious Infringement)
Against All Named Defendants]
43. Plaintiffs repeat and re-allege every allegation contained in paragraphs 1
through 49 as i fully set forth herein.
20 44. PlaintitTs are informed and believe that Defendants, at all times
21 relevant, had ( 1 the right and ability to supervise activity that directly infringes
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23a copyright; and (2) a direct financial interest in such activities.
4 45. Accordingly, Defendants are vicariously liable for the acts o one or
25 more o the other Defendants, which has caused damage to Plaintiffs according to
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7. For all other relief justified under the circumstances of this case.
DATED: Junel7 2013 LAW OFFICES OF COURTNEY M COATES
DEM ND OR JURY TRI L
Pursuant to Local Civil Rule 38-1 Plaintiffs hereby demands a
jury and respectfully reserve their right to a jury trial.
Dated: June 17 2013
COMPLAI \T
LAW OFFI ;s\OF COURTNEY M. COATES
B y ~OURTNEY M COATES ESQ.
Attorneys for Plaintiffs LORENZO PRYOR
TRENA STEWARD and KARLA RAY
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