zomba recordings v. camp west
TRANSCRIPT
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JS 44C/SDNY
REV. 7/2012
JUDGFWOOD
4§-W 658SRIG,NALheJS-44civil coversheet andthe information contained hereinneitherreplacenorsupplementthe filing and serviceofpleadings orotherpapersas required bylaw, except as provided bylocal rules ofcourt. This form, approved bytheJudicial Conferenceofthe United States inSeptember 1974,is required foruse ofthe ClerkofCourtforthe purposeofinitiating thecivil docket sheet. C C D A *j r\r\ an
PLAINTIFFS
Zomba Recording LLCDEFENDANTS
Camp West Recorders, Inc., as successor-in-interest toAffinity EntertainmeGroup, Inc., and Johnell Harris
ATTORNEYS (FIRM NAME,ADDRESS, AND TELEPHONE NUMBER
Proskauer Rose LLP, Eleven Times Square, New York, NY 10036,212-969-3000
ATTORNEYS (IFKNOWN)
CAUSE OFACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OF CAUSE)(DONOTCITEJURISDICTIONAL STATUTESUNLESSDIVERSITY)
Copyright Infringement, under the Copyright Act of 1976, and Conversion
Has this ora similar case beenpreviously filed in SDNY at anytime? No [x] Yes • JudgePreviously Assigned
If yes, was this case Vol. • Invol. • Dismissed. No • Yes • If yes, give date &Case No.
IS THIS AN INTERNATIONALARBITRATION CASE? No Yes D
(PLACEAN [x] INONEBOXONL Y) NATURE OF SUIT
ACTIONSUNDER STATUTES
CONTRACT PERSONAL INJURY PERSONAL INJURY FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
( ] 1 10 INSURANCE I 1310 AIRPLANE [ ]362 PERSONAL INJURY - [ ]610 AGRICULTURE [ ] 42 2 APPEAL [ ]400 STATE[ ]120 MARINE [ 1315 AIRPLANE PRODUCT MED MALPRACTICE [ ]620 OTHER FOOD & 2 8 USC 15 8 REAPPORTIONMENT[ 1130 MILLER AC T LIABILITY [ ]365 PERSONAL INJURY DRUG [ ]423 WITHDRAWAL [ 1410 ANTITRUST[ ] 1 « NEGOTIABLE | ]320 ASSAULT, LIBEL & PRODUCT LIABILITY [ ]625 DRUG RELATED 28 US C 15 7 [ ]430 BANKS & BANKING
INSTRUMENT SLANDER [ )36B ASBESTOS PERSONAL SEIZURE OF ( ]450 COMMERCE[ 1150 RECOVERY OF [ ]330 FEDERAL INJURY PRODUCT PROPERTY [ ]460 DEPORTATION
OVERPAYMENT & EMPLOYERS ' LIABILITY 21 US C 88 1 PROPERTY RIGHTS [ ]470 RACKETEER INFLUENFORCEMENT LIABILITY [ ]630 LIQUOR LAWS ENCED & CORRUPTOF JUDGMENT I ]340 MARINE PERSONAL PROPERTY [ ]640 RR & TRUCK M820 COPYRIGHTS ORGANIZATION ACT
[ ]151 MEDICARE ACT [ ]345 MARINE PRODUCT [ ]650 AIRLINE REGS ( J 830 PATENT (RICO)[ ] 1 52 RECOVERY OF LIABILITY [ ]370 OTHER FRAUD [ ]660 OCCUPATIONAL [ ] 840 TRADEMARK [ ]480 CONSUMER CREDIT
DEFAULTED [ ]350 MOTOR VEHICLE [J 371 TRUTH IN LENDING SAFETY/HEALTH [ J490 CABLE/SATELLITE TSTUDENT LOANS [ ]355 MOTOR VEHICLE [ ]380 OTHER PERSONAL [ ]690 OTHER [ ]810 SELECTIVE SERVICE(EXCLVETERANS) PRODUCT LIABILITY PROPERTY DAMAGE SOC IAL SECUR IT Y [ ]850 SECURITIES/
[ ]153 RECOVERY OF [ J360 OTHER PERSONAL [ ]385 PROPERTY DAMAGE COMMODITIES/OVERPAYMENT INJURY PRODUCT LIABILITY LABOR [ ]861 HIA(1395ff) EXCHANGEOF VETERAN'S [ ]862 BLACKLUNG(923) [ ]875 CUSTOMER
[ ]710 FAIR LABOR
[ ] 863 DIWC/DIWW (405(g)) CHALLENGE[ ]160 STOCKHOLDERS STANDARDS ACT [ ] 86 4 SSID TITLE XVI 1 2 U SC 3410SUITS [ ]720 LABOR/MGMT [ ) 865 RSI (405(g)) [ ]890 OTHER STATUTORY
I ] 1 90 OTHER PRISONER PETITIONS RELATIONS ACTIONSCONTRACT [ ]730 LABOR/MGMT [ 1891 AGRICULTURAL ACT
I ] 195 CONTRACT [ 1510 MOTIONS TO REPORTING & FEDERAL TA X SUITS [ ]892 ECONOMICPRODUCT ACTIONS UNDER STATUTES VACATE SENTENCE DISCLOSURE AC T STABILIZATION AC TLIABILITY 20 US C 2255 [ 1740 RAILWAY LABOR ACT [ ]870 TAXES (U.S . Pl ain ti ff o r [ ]893 ENVIRONMENTAL
[ ] 196 FRANCHISE CIVIL RIGHTS ( J530 HABEAS CORPUS [ 1790 OTHER LABOR Defendant) MATTERS
( ]535 DEATH PENALTY LITIGATION [ ] 871 IRS-THIRD PARTY [ ]894 ENERGY
I 1441 VOTING I ]540 MANDAMUS & OTHER I ]791 EMPLRET I NC 26 US C 7609 ALLOCATION AC T| ]442 EMPLOYMENT SECURITY ACT [ ]895 FREEDOM OF
REAL PROPERTY I ]443 HOUSING/ INFORMATION AC T
ACCOMMODATIONS IMMIGRATION [ ]900 APP EAL OF F E E( 1210 LAND [ ]444 WELFARE PRISONER CIVIL RIGHTS DETERMINATION
CONDEMNATION | ]445 AMERICANS WITH [ ]462 NATURALIZATION UNDER EQUAL[ ]220 FORECLOSURE DISABILITIES - [ ]550 CIVIL RIGHTS APPLICATION ACCESS TO JUSTICE[ ]230 RENT LEASE &
EJECTMENT [ ]446EMPLOYMENT
AMERICANS WITH
[ ] 5 55 PRISON CONDITION [ ]463 HABEAS CORPUS-
ALIEN DETAINEE
[ J950 CONSTITUTIONALIT
OF STATE STATUTEI ]240 TORTSTO LAND DISABILITIES -OTHER [ ]465 OTHER IMMIGRATION[ ]245 TORTPRODUCT
LIABILITY
[ ]440 OTHER CIVIL RIGHTS
(Non-Prisoner)ACTIONS
[ ]290 ALL OTHER
REAL PROPERTY
Check if demanded in complaint:
CHECK IF THIS IS A CLASS ACTION
UNDER F .R.C .P . 23
DEMAND $_ OTHER
Check YES onlyif demanded in complaint
JURY DEMAND: S YES • NO
DO YOU CLAIMTHIS CASE IS RELATED TO A CIVILCASE NOW PENDING INS.D.N.Y.?IF SO , STATE:
JUDGE DOCKET NUMBER
NOTE: Please submit at the time of filing an explanation ofwhy cases are deemed related.
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(PLACE AN x IN ONE BOX ONLY) ~ ORIGIN ~
I—I 1 Original [~J 2 Removed from Q 3 Remanded LJ 4 Reinstated or LJ 5 Transferred from • 6 Multidistrict • 7 Appeal to DistriProceeding State Court from Reopened (Specify District) Litigation Judge from
• 3. all parties represented APPe"ate Magistrate Judg— Court Judgment
I | b. At leastoneparty is pr o se .
(PLACEAN x IN ONE BOX ONLY) BASISOF JURISDICTION IF DIVERSITY, INDICATED 1 U.S. PLAINTIFF • 2 U.S. DEFENDANT [X] 3 FEDERAL QUESTION Q4 DIVERSITY CITIZENSHIP BELOW.
(U.S. NOT APARTY) (28 USC 1332, 1441)
CITIZENSHIP OF PRINCIPAL PARTIES (FORDIVERSITYCASES ONLY)
(Place an [X] inone boxforPlaintiff and one boxforDefendant)
PTF DEF PTF DEF PTF DEFCITIZEN OF THIS STATE [ ]1 [ ]1 CITIZEN OR SUBJECT OFA [ ]3 [ ]3 INCORPORATED andPRINCIPAL PLACE [ ]5 [ ]5
FOREIGN COUNTRY OF BUSINESS INANOTHER STATE
CITIZEN OF ANOTHER STATE [ ]2 [ ]2 INCORPORATED orPRINCIPAL PLACE [ ] 4 [ ] 4 FOREIGN NATION [16 [16OF BUSINESS IN THIS STATE
PLAINTIFF(S) ADDRESS(ES) ANDCOUNTY(IES)
Zomba Recording LLC550 Madison Avenue
New York, New York County, NY 10022
DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)
CampWestRecorders, Inc., as successor-in-interesttoAffinity Entertainment Group, Inc., 9909Topanga Canyon, #277, Chatsworth, Los Angeles County, CA91311
Johnell Harris, 9909Topanga CanyonBlvd., Apt. 277, Chatsworth, Los Angeles County, CA 91311
DEFENDANT(S) ADDRESS UNKNOWNREPRESENTATION ISHEREBY MADE THAT, AT THIS TIME, IHAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TOASCERTAIN THE
RESIDENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:
Check one: THIS ACTION SHOULD BE ASSIGNED TO: WHITE PLAINS [X] MANHATTAN(DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTS COMPLAINT.)
DATE £Jlp Ii ^ SIGNATURE/OF ATTORNEY OF RECORD ADMITTED TO PRACTICE IN THIS DISTRICT7Vy/ / \ / y / jk N YES (DATE ADMITTED Mo. 03 Yr. 2011
RECEIPT* / p/C^/ j^t^V-^ Attorney BarCode#AD-1223
Magistrate Judge is to be designated by the Clerk of ^($$§GE GOBENSTEIN
Magistrate Judge isso Designated.
Ruby J. Krajick, Clerk ofCourt by Deputy Clerk, DATED .
UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)
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JUDGE WOOD
PROSKAUER R OS E L LP
Attorneysfor Plaintiff
Sandra A. Crawshaw-Sparks (SC-1439)
Adam W. Deitch (AD-1223)
Eleven Times Square
New York, NY 10036
(212) 969-3000
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ZOMBA RECORDING LLC,
Plaintiff,
v.
CAMP WEST RECORDERS, INC., as
successor-in-interest to AFFINITY
ENTERTAINMENT GROUP, INC., and
JOHNELL HARRIS,
Defendants.
ORIGINAL
13 CIV 6581
O J
C. "
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- '•: \
Case No.: 13 Civ. ( )
COMPLA INT
JURY TR I AL DEMANDED
Plaintiff, Zomba Recording LLC ("Zomba"), by its attorneys, Proskauer Rose LLP, as
and for its complaint against defendants CampWest Recorders, Inc. ("Camp West"), as
successor-in-interest to Affinity Entertainment Group, Inc. ("Affinity"), and Johnell Harris
("Harris"), alleges as follows:
PART I E S
1. At all times hereinafter mentioned, Zomba Recording LLC was an entity engaged
in, inter alia, the businessof manufacturing, distributing, marketing, and otherwiseexploiting
sound recordings embodying musical and/or vocal performances by recording artists, including
in the form of phonograph records, tapes, and compact discs.
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2. Zomba is a limited liability company organized pursuant to the laws of the State
ofDelaware, having its principal place of business at 550 Madison Avenue, New York, New
York 10022.
3. At all times hereinafter mentioned, defendant Camp West was a corporation
purportedly engaged in, interalia, the business of finding, developing, and exploiting the talents
of recording and performing artists and producing recordings embodying the performances of
such artists.
4. Upon information and belief, Camp West is a corporation organized pursuant to
the lawsofthe State
ofCalifornia, having its principal place
ofbusiness located in Los Angeles
County, California.
5. Upon information and belief, Camp West is the successor-in-interest to Affinity.
6. Upon information and belief, Affinity was a company that purported to engage in,
interalia, the business of finding, developing, and exploiting the talents of recording and
performing artists and producing recordings embodying the performances of such artists.
7. Upon information and belief, Affinity was a company organized pursuant to the
laws of the State ofCalifornia, having its principal place of business located in Los Angeles
County, California. Upon information and belief, Affinity is now defunct.
8. At all times hereinafter mentioned, defendant Harris was an individual engaged
in, inter alia, the business of finding, developing, and exploiting the talents of recording and
performing artists, purporting to manage their careers, and producing recordings embodying the
performances of such artists.
9. Upon information and belief, Harris is a resident of the State ofCalifornia.
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10. At all times hereinafte r mentioned, defendant Harr is was the owner and
controlling shareholder, officer, and/ordirector of CampWest(andAffinity), with the rightand
ability to supervise the conduct of CampWest (andAffinity), and with an obvious and direct
financial interestin thewrongfuland infringing conductof CampWest describedherein.
11. At all times hereinaftermentioned, Harrishad full knowledge of CampWest's
conduct and induced, caused, and/or materially contributed to the same.
Jurisdiction and Venue
12. This Courthas inpersonam jurisdiction overCampWest because, upon
information and belief, CampWest is doing or transacting business in the State ofNew York,
andCamp West, as the successor-in-interest to Affinity, consented to the jurisdictionandvenue
o f th is Court .
13. ThisCourt has inpersonam jurisdictionoverHarris because,upon information
and belief, Harris is doing or transacting business in the State ofNew York.
14. ThisCourt has jurisdictionover the subjectmatter of the within actionpursuantto
28U.S.C. §§ 1331 and 1338 in that this actionarises underanAct of Congress relating to
copyright, and pursuant to supplementaljurisdiction under 28U.S.C. § 1367.
15. Theexercise of jurisdiction overthe state law claim against defendants Camp
West and Harris is additionally proper pursuant to 28 U.S.C. § 1332 in that the matters in
controversy exceed the sum of Seventy-fiveThousandDollars ($75,000), exclusive of interest
and costs, and are between citizens of different states.
16. Venue in the SouthernDistrictof New York is properpursuantto 28U.S.C. §§
1391 and 1400.
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Allegations Common T o All Cla im s For Relief:
17. Samantha Jade Gibbs ("Gibbs") is a recording artist from Perth, Australia who at
a youngage exhibited exceptional talent as a singer, performer, and songwriter.
18. In 2002, whenGibbswas fifteen years old,Harrismet with Gibbs and her parents
and convinced them that Gibbs neededa personalmanagerin order to pursue a career in the
entertainment industry, and that he should act in such capacitypursuant to the terms of an oral
agreement.
19. On or about November 26, 2002, Harris, through his company, Affinity, and
Gibbs entered intoa recording agreement (the"2002Recording Agreement") whichprovided for
Gibbs' delivery ofmaster recordings sufficient to constitute one longplaying album during an
initial one-year term, andAffinity'soption to extend thetermfor an additional sixyears, orthe
deliveryof master recordings sufficient to constitute up to seven albums.
20. Onor aboutDecember 17,2004, Zombaentered intoan agreement withAffinity
(the "Zomba Recording Agreement").
21. Pursuantto the ZombaRecording Agreement, Zomba acquired, exclusively, all
rights, including all copyrights, in and to all masterrecordings recordedby Gibbs prior to and
duringthe term of the Zomba RecordingAgreement (the "Zomba/GibbsMasters").
22. Additionally, pursuantto the ZombaRecording Agreement, Zomba acquired,
inter alia, the exclusive perpetual right and license to manufacture, distribute, and otherwise
exploit the Zomba/Gibbs Masters.
23. During the term of the Zomba Recording Agreement, Gibbs recorded dozens of
master recordings constituting Zomba/Gibbs Masters.
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24. Two of the Zomba/Gibbs Masters recorded byGibbs during the term of the
Zomba Recording Agreement were entitled Remember and Move (the "Infringed Masters").
25. Onor about March 7,2008, Zomba and Affinity entered into an agreement
terminating the term of the Zomba Recording Agreement and releasing Affinity (and Gibbs)
from any further obligation to deliver future master recordings to Zomba.
26. The Zomba/Gibbs Masters, including the Infringed Masters, are original
copyrightable subject matter.
27. Zomba has fully complied inall respects with the formalities oftheCopyright Act
of 1976, as amended, 17 U.S.C. § 101 etseq., and all other applicable laws in securing,
protecting, and maintaining its exclusive rights in and to the copyright intheUnited States ofthe
Zomba/Gibbs Masters, including the InfringedMasters.
28. Zomba obtained from theRegistrar ofCopyrights Certificates ofRegistration for
the Infringed Masters, bearing registration numbers SRu 1-126-128 andSRu 1-128-017,
respectively (copies ofwhich are collectively annexed hereto asExhibit A).
29. Camp West neither hadnorhas any right to possess, exploit, orto authorize others
to exploit the Zomba/Gibbs Masters, including, without limitation, the Infringed Masters.
30. Affinity neitherhad nor has any right to possess, exploit, or to authorize others to
exploit theZomba/Gibbs Masters,including, without limitation, the Zomba/Gibbs Masters
entitled Remember and Move.
31. Harris neitherhadnorhas anyright to possess, exploit, or to authorize others to
exploittheZomba/Gibbs Masters including, without limitation, the Zomba/Gibbs Masters
entitled Remember and Move.
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32. Upon information and belief, on orabout December 5, 2012, Harris and Camp
West,reproduced, manufactured, released,marketed, distributed, and/or otherwise commenced
the exploitation ofan album entitled "The Golden Touch", embodying at least two Zomba/Gibbs
Masters - Remember and Move.
33. Zomba did not, at any time, authorize, license, or otherwise consent to the
exploitation byor onbehalfofHarris and/or Camp West, ofanyof the Zomba/Gibbs Masters in
connection with "The Golden Touch" album or otherwise.
34. Harris andCamp West were fully aware ofZomba's exclusive rights in and to the
Zomba/Gibbs Masters, including the Infringed Masters, and that any exploitation of said masters
without a license from Zomba would constitute thewillful infringement of Zomba's exclusive
rights.
First Claim For Rel i e f
[Against All Defendants ForWillful Copyright Infringement]
35. Zomba repeats and re-alleges each and every allegation set forth inParagraphs 1
through 34 hereof, as if fully set forth herein.
36. Upon information and belief, Camp West andHarris have, at all relevant times,
been acting inconcert orprivity with each other with respect to the actions complained ofherein.
37. Pursuant to theZomba Recording Agreement, Zomba acquired all rights
throughout theuniverse, including butnot limited to all copyrights in andto theZomba/Gibbs
Masters, including the Infringed Masters. Zomba's rights include, inter alia, the exclusive,
perpetual, and irrevocable rightand license to possess, manufacture, distribute, andotherwise
exploit theZomba/Gibbs Masters, including the Infringed Masters.
38. Commencing in or aboutDecember 5, 2012, Camp Westand/or Harris
reproduced, manufactured, released, marketed, distributed, and/or otherwise exploited "The
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Golden Touch" album embodying, inter alia, the Infringed Masters without Zomba's
authorization or consent.
39. Despite their awareness ofZomba's exclusive rights in and tothe Infringed
Masters, and their knowledge that they required a license from Zomba to exploit the same, Camp
Westand/orHarris engaged in the infringing conduct described herein.
40. The actions of CampWestandHarris set forthabove constitute willful, actual,
and threatened direct and/or secondary infringements ofZomba's exclusive rights under the
Copyright Actof 1976, as amended, and otherapplicable copyright laws.
41. Asa result of the direct and/or secondary infringing conduct ofCamp West,
and/or Harris, Zombahas suffered substantial damages in an amountto be determined at trial.
42. Zomba is entitledto recover ofCampWest and/orHarris Zomba's actual
damages suffered as a result of the infringement ofZomba's exclusive rights, and any profits of
Camp West and/or Harris attributable to the infringement not taken into account incomputing
actual damages.
43. Zomba is further entitled to recover ofCamp West, Affinity, Song West, and/or
Harris its full costs (including attorneys' fees) incurred in connectionwith this action.
Second Claim For Rel i e f
[AgainstAll Defendants For Conversion]
44. Zomba repeats and re-alleges each and every allegation set forth inParagraphs 1
through43 hereof, as if fully set forth herein.
45. Pursuant totheZomba Recording Agreement, Zomba acquired and owns all right,
title and interest inperpetuity intheZomba/Gibbs Masters, including the right to exclusive
physical possession of the original components of the recording and mixing process in respect of
the Zomba/Gibbs Masters in their originally recorded format, as well as all tapes and work parts
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ofwhatever nature (including, without limitation, multi-tracks, out-takes, or other tracks
recorded during the term of the Zomba Recording Agreement), and all stereo mixed down tape
masters oftheoriginal multi-track recordings and a final two-track equalized tape copy of such
recordings.
46. Upon information and belief, Camp West and/or Harris have possession of
recordings comprising, constituting, and/or embodying the Zomba/Gibbs Masters, including the
Infringed Masters, without Zomba's authorization or consent.
47. Camp West and Harris retained possession of recordings comprising, constituting
and/or embodying the Zomba/Gibbs Masters, including the InfringedMasters, without Zomba's
knowledge.
48. Priorto December5, 2012, neitherCampWest norHarris advisedZombathat
theyhad retainedpossession of all or any of the Zomba/GibbsMasters.
49. Priorto December5, 2012, neitherCampWest nor Harris claimedto own or have
a right to possess the Zomba/Gibbs Masters.
50. Prior toDecember 5, 2012, neither Camp West norHarris took any action with
respect to the Zomba/GibbsMasters constitutingan affirmative act inconsistentwith Zomba's
rights in or to the Zomba/Gibbs Masters.
51. The first affirmative act by Camp West and/or Harris inconsistent with Zomba's
rights in and to the Zomba/Gibbs Masters was the release of "The Golden Touch" album
embodying Zomba/Gibbs Masters.
52. On June 19, 2013 and July 30, 2013, Zomba demanded, interalia, that defendants
returnthe Zomba/GibbsMasters, including the InfringedMasters to Zomba.
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53. Camp West and/or Harris have interfered with Zomba'srights to the
Zomba/Gibbs Masters, including the Infringed Masters, by, inter alia, failing and refusing to
deliver possession of the same to Zomba.
54. Asa resultof Defendants' conversion of Zomba's property, Zomba hasbeen
damaged andDefendants havebeenunjustly enriched.
55. Asa result ofDefendants' conversion of Zomba's property, Zomba hasbeen
unable to apply for and obtain from the Registrar ofCopyrights Certificates ofRegistration for
those Zomba/Gibbs Masters in the possession, custody, and/or control ofCamp West and/or
Harris. Zomba specifically andexpressly reserves the rightto do so, andto amendthis
Complaint to include claims for copyright infringement in respect thereof, to the extent that
Camp Westand/orHarrisreproduced, manufactured, released, marketed, distributed, and/or
otherwise exploited any of the Zomba/Gibbs Masters without Zomba's authorization or consent.
56. Zomba is entitled to a judgment against Camp West and/or Harris requiring them
todeliver the Zomba/Gibbs Masters, including the Infringed Masters, toZomba, as well as any
additional compensatory and/or special damages thatmay be appropriate.
57. Defendants CampWestandHarris engaged in the foregoing conductand
performed the foregoing acts and omissions intentionally, maliciously, fraudulently, and
oppressively, with the intent and design to damage Zomba and to benefit themselves. By reason
ofthis conduct, Zomba is entitled to recover punitive damages.
Demand For Jury Trial
58. Zomba demands a trial by jury of all issues so triable.
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WHEREFORE, plaintiffdemands judgmentas againstall defendants as follows:
(1) AwardingZombathe actual damages sustainedas a result of the
infringement by Camp West and Harris, ofZomba's exclusive rights inand to the Infringed
Masters;
(2) Directing each defendant to account to Zomba forall copies of "The
Golden Touch" album, and the Infringed Masters, and allderivatives thereof reproduced,
manufactured, marketed, distributed, released, sold, and/or otherwise exploited byoronbehalf
ofCamp West and/or Harris;
(3) Requiring Camp West andHarris to account for andpayoverto Zomba all
revenues derived from defendants' infringing activities received byorpayable toCamp West
and/or Harris, including all gains, profits, and advances derived by their respective infringements
of Zomba's copyrights;
(4) Awarding suchotherdamages, costs and fees (including reasonable
attorneys' fees) as the Court may deem justand proper within the provisions of the Copyright
Act;
(5) Permanently enjoining and restraining CampWestand its officers,
directors, employees, representatives, and agents, and Harris from further exploiting the
Zomba/Gibbs Masters, including without limitation the Infringed Masters;
(6) Ordering the destruction of anyandall physical copies of "TheGolden
Touch" within the possession, custody, and/or control of CampWest
andHarris;
(7) Ordering Camp West andHarris to recall all physical copies of "The
Golden Touch" insofar as the same embody the Infringed Masters;
10
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(8) Ordering Camp West and Harris to deliver up toZomba any and all of the
Zomba/GibbsMasters, the original components of the recording and mixing process in respect of
the Zomba/Gibbs Masters in their originally recorded format, as well as all tapes and work parts
ofwhatever nature (including, without limitation, multi-tracks, out-takes, or other tracks
recorded during the term of the Zomba Recording Agreement), and all stereo mixed down tape
masters of the original multi-track recordings, and any final two-track equalized tape copies of
suchrecordings, to the extent in theirpossession, custody and/orcontrol;
(9) Awarding to Zomba damages sustained as a result of Defendants'
conversion of the Zomba/Gibbs Masters, including the Infringed Masters, aswell as any
additional compensatory, special, and/or punitive damages that may be appropriate; and
(10) Awarding such other and further reliefastheCourt deems just and proper.
Dated: New York, New York
September 17, 2013
PROSKAUER ROSE LLP
11
SandraA. Crawshaw-Sparks (SC-1439)Adam W. Deitch (AD-1223)Eleven Times Square
New York, NY 10036
Telephone: (212) 969-3000
Facsimile: (212) 969-2900
Attorneys for Plaintiff
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Exhibi t A
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Certificate ofRegistration
r£Z**-rThis Certificate issued under the seal of the Copyright
Office in accordance with title 17, UnitedStatesCode,
atteststhat registration hasbeenmade fortheworkidentified below. The information on this certificate has
beenmade a part oftheCopyrightOffice records.
^THomLA-^.*vMRegister ofCopyrights, United States ofAmerica
TitJe
Title ofWork: Remember / Performed by Samantha Jade
Completion/Publication
Au tho r
Year of Completion: 2006
• Author: Zomba Recording LLC
Author Created: sound recording
Work made f or h ir e: Yes
Domici led in : United States
Copyright claimantCopyright Claimant: ZombaRecording LLC
Registration Number
SRu 1-126-128
Ef fec tive da te o f
registration:
June 4, 2013
c/oSonyMusic Entertainment, 550Madison Avenue, NewYork, NY, 10022,United States
Cert i f icat ion
Name: Perry Guzzi
Date: June 4, 2013
Applicant's Tracking Number: PGZ1
Page 1 of
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Certificate ofRegistration
Vj™[*s.
r*-7^°
This Certificate issued under theseal oftheCopyrightOfficein accordance with title 17, United States Code,
attests that registration has been made for the work
identified below. The information on this certificate has
beenmadeapart oftheCopyright Office records.
'T tul x ^ {orJJL
Register ofCopyrights, United. States ofAmerica
Tit le —
Title ofWork: Move / Performed by Samantha Jade
Completion/Publication
Au thor
Year ofCompletion: 2006
• Author: ZombaRecording LLC
Author Created: sound recording
Wor k mad e fo r hire: Yes
Domici led in : United States
Copyright claimantCopyright Claimant: Zomba Recording LLC
Registration Number
SRu 1-128-017
Effect ive date o f
registration:
June 18,2013
c/o SonyMusic Entertainment,550MadisonAvenue,NewYork,NY, 10022,United States
Cert i f ica t ion
Name: Perry Guzzi
Date: June 18, 2013
Applicant's Tracking Number: PG.Z2
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