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Case 2:13-cv-00680-JLR Document 1 Filed 04/16/13 Page 1 of 9

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

No.

COMPLAINT

BROADCAST MUSIC, lNC.; HOUST
OF CASH, lNC.; PAUL SIMON MUSIC;
SHIRLEY EIKHARD USA MUSIC; EMI
BLAC]OVOOD MUSIC INC.;
COUNTING CROWS, LLC dIbIA
JONES FALLS MUSIC; SONGS OF
UNIVERSAL, INC.; UNIVERSAL
MUSIC-Z TUNES, LLC d/b/A
UNIVERSAL MUSIC Z SONGS;
SHROOM SHADY MUSIC; HOTEL
BRAVO MUSIC; M SHOP
PUBLISHING, A D¡VISION OF
MACHINE SHOP PUBLISHING, LLC;
MCMOORE MCLESST PUBLISHING,

Plaintiffs,

V

DWB CORPORATION dlbla
ROONEY'S; DEAN DAVIS,
CHRISTOPHER NARA and LEAH
BOERSEMA, each individually,

Defendants.

COMPLAINT - 1

4848-2422-7347
ó4475.000r l

.01

Riddell Williams P.S.
1001 Fourth Avenue, Suite 4500
Seattle, Washington 98154 1192
206.624 .3600

Case 2:13-cv-00680-JLR Document 1 Filed 04/16/13 Page 2 of 9

Plaintiffs, by their attorneys, for their Complaint against Defendants, allege as

follows (on knowledge as to Plaintiffs; otherwise on information and belief):

JURISDICTIO AND VENUE

1. This is a suit for copyright infringement under the United States Copyright
Act of 1976, as amended, 17 U.S.C. SS101 et seq. (the "Copyright Act"). This Court has
jurisdiction pursuant to28 U.S.C. S 1338(a).

Z. Venue is proper in this judicial district pursuant lo 28 U.S.C. $ 1a00(a).

THE P

TIES

3. Plaintiff Broadcast Music, lnc. ("BMl") is a corporation organized and existing

under the laws of the State of New York. BMI's principal place of business is 7 World
Trade Center, 250 Greenwich Street, New York, New York 10007. BMI has been granted
the right to license the public performance rights in approximately 7.5 million copyrighted
musical compositions (the "BMl Repertoire"), including those which are alleged herein to

have been infringed.

4.

The Plaintiffs, other than BMl, are the owners of the copyrights in the
musical compositions, which are the subject of this lawsuit. All Plaintiffs are joined

pursuant to Fed.R.Civ.P. 17(a) and 19(a).

5. Plaintiff House of Cash, lnc. is a corporation. This Plaintiff is the copyright

owner of at least one of the songs in this matter.

6. Plaintiff Paul Simon Music is a sole proprietorship owned by Paul Simon.

This Plaintiff is the copyright owner of at least one of the songs in this matter.

7.

Plaintiff Shirley Eikhard USA Music is a sole proprietorship owned by Shirley

Eikhard. This Plaintiff is the copyright owner of at least one of the songs in this matter.
8. Plaintiff EMI Blackwood Music lnc. is a corporation. This Plaintiff is the

copyright owner of at least one of the songs in this matter.

g.

COMPLAINT - 2

4848-2422-7347 .01
64475.0001 I

Plaintiff Counting Crows, LLC is a limited liability company d/b/a Jones Falls
Riddell Williams P.S.
1001 Fourth Avenue, Suite 4500
Seattle, Washington 98154-1192
206.624 .3600

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Case 2:13-cv-00680-JLR Document 1 Filed 04/16/13 Page 3 of 9

Music. This Plaintiff is the copyright owner of at least one of the songs in this matter.

10. Plaintiff Songs of Universal, lnc. is a corporation. This Plaintiff is the

copyright owner of at least one of the songs in this matter.

11. Plaintiff Universal Music-Z Tunes, LLC is a limited liability company d/b/a

Universal Music-Z Songs. This Plaintiff is the copyright owner of at least one of the songs

in this matter.

12. Plaintiff Shroom Shady Music is a sole proprietorship owned by Marshall B.
Mathers ll1. This Plaintiff is the copyright owner of at least one of the songs in this matter.

13. Plaintiff Hotel Bravo Music is a sole proprietorship owned by Holly B.

Hafermann. This Plaintiff is the copyright owner of at least one of the songs in this matter.
14. Plaintiff M Shop Publishing, a division of Machine Shop Publishing, LLC is a
limited liability company. This Plaintiff is the copyright owner of at least one of the songs in

this matter.

1S. Plaintiff McMoore Mclesst Publishing is a partnership owned by Daniel

Quine Auerbach and Patrick James Carney. This Plaintiff is the copyright owner of at least

one of the songs in this matter,

16. Defendant DWB Corporation is a corporation organized and existing under

the laws of the state of Washington, which operates, maintains and controls an
establishment known as Rooney's, located at 17626140th Avenue Northeast, Woodinville,

Washington 98072, in this district (the "Establishment").

17 .

ln connection with the operation of the Establishment, Defendant DWB

Corporation publicly performs musical compositions and/or causes musical compositions

to be publicly performed.

18. Defendant DWB Corporation has a direct financial interest in the

Establishment.

19

Defendant Dean Davis is an officer of Defendant DWB Corporation with

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COMPLAINT - 3
4848-2422-7347 .0r
64475.0001 I

Riddell Williams P.S.
1001 Fourth Avenue, Su¡te 4500
seattle, washrnston
0elåii:lå36

Case 2:13-cv-00680-JLR Document 1 Filed 04/16/13 Page 4 of 9

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primary responsibility for the operation and management of that corporation and the

Establishment.

20. Defendant Dean Davis has the right and ability to supervise the activities of

Defendant DWB Corporation and a direct financial interest in that corporation and the

Establishment.

21. Defendant Christopher Nara is an officer of Defendant DWB Corporation

with primary responsibility for the operation and management of that corporation and the

Establishment.

22. Defendant Christopher Nara has the right and ability to supervise the

activities of Defendant DWB Corporation and a direct financial interest in that corporation

and the Establishment.

23. Defendant Leah Boersema is an officer of Defendant DWB Corporation with

primary responsibility for the operation and management of that corporation and the

Establishment.

24. Defendant Leah Boersema has the right and ability to supervise the

activities of Defendant DWB Corporation and a direct financial interest in that corporation

and the Establishment

CLAIMS OF COPYRIGHT INFRI

EMENT

25. Plaintiffs repeat and reallege each of the allegations contained in paragraphs

1 through 24.

26. Plaintiffs allege six (6) claims of willful copyright infringement, based upon

Defendants'unauthorized public performance of musical compositions from the BMI
Repertoire. All of the claims for copyright infringement joined in this Complaint are
governed by the same legal rules and involve similar facts. Joinder of these claims will
promote the convenient administration of justice and will avoid a multiplicity of separate,

similar actions against Defendants.

COMPLAINT - 4

4848-2422-7347 .01
6447s.0001 I

Riddell Williams P.S.
1001 Fourth Avenue, Suite 4500
Seattle, Washington 98I54-1'L92
206.624.3600

Case 2:13-cv-00680-JLR Document 1 Filed 04/16/13 Page 5 of 9

27. Annexed to this Complaint as a schedule (the "schedule") and incorporated
herein is a list identifying some of the many musical compositions whose copyrights were
infringed by Defendants. The Schedule contains information on the six (6) claims of
copyright infringement at issue in this action. Each numbered claim has the following eight
lines of information (all references to "Lines" are lines on the Schedule): Line 1 providing
the claim number; Line 2 listing the title of the musical composition related to that claim;
Line 3 identifying the writer(s) of the musical composition; Line 4 identifying the
publishe(s) of the musical composition and the plaintiff(s) in this action pursuing the claim
at issue; Line 5 providing the date on which the copyright registration was issued for the
musical composition; Line 6 indicating the copyright registration number(s) for the musical
composition; Line 7 showing the date(s) of infringement; and Line 8 identifying the

Establishment where the infringement occurred.

28. For each musical composition identified on the Schedule, the person(s)

named on Line 3 was the creator of that musical composition.

29. For each work identified on the Schedule, on or about the date(s) indicated

on Line 5, the publishe(s) named on Line 4 (including any predecessors in interest),
complied in all respects with the requirements of the Copyright Act and received from the
Register of Copyrights Certificates of Registration bearing the numbe(s) listed on Line 6.

30. For each work identified on the Schedule, on the date(s) listed on Line 7,
Plaintiff BMI was (and still is) the licensor of the public performance rights in the musical
composition identified on Line 2. For each work identified on the Schedule, on the date(s)
listed on Line 7, the Plaintiff(s) listed on Line 4 was (and still is) the owner of the copyright

in the respective musical composition listed on Line 2'

31. For each work identified on the Schedule, on the date(s) listed on Line 7,

Defendants publicly performed and/or caused to be publicly performed at the
Establishment the musical composition identified on Line 2 without a license or permission
Riddell Williams P.S.
1001 Fourth Avenue, Su¡te 4500
Seattle, Washington 98154-1192
206.624,3600

COMPLAINT - 5

4848-2422-7347
64475.000r I

.01

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Case 2:13-cv-00680-JLR Document 1 Filed 04/16/13 Page 6 of 9

to do so. Thus, Defendants have committed copyright infringement.

32. The specific acts of copyright infringement alleged in the Complaint, as well
as Defendants' entire course of conduct, have caused and are causing Plaintiffs great and
incalculable damage. By continuing to provide unauthorized public performances of works
in the BMI Repertoire at the Establishment, Defendants threaten to continue committing
copyright infringement. Unless this Court restrains Defendants from committing further
acts of copyright infringement, Plaintiffs will suffer irreparable injury for which they have no

adequate remedy at law.

WHEREFORE, Plaintiffs PraY that:
(l) Defendants, their agents, seryants, employees, and all persons acting under

their permission and authority, be enjoined and restrained from infringing, in any manner,
the copyrighted musical compositions licensed by BMl, pursuant to 17 U.S.C. S 502;
(ll) Defendants be ordered to pay statutory damages, pursuant to 17 U.S.C. S

50a(c);

(lll) Defendants be ordered to pay costs, including a reasonable attorney's fee,

pursuant to 17 U.S.C. S 505; and

(lV) Plaintiffs have such other and further relief as is just and equitable.

DATED this 15th day of April, 2013.

RIDDELL WILLIAMS P.S.

By: /s/ Jayson W. Sowers

Jayson W. Sowers, WSBA #27618

Bv /s/ B¡van J. Case

-

-t'-

Bryan J. Case, WSBA #41781
Attorneys for Plaintiffs

COMPLAINT - 6

4848-2422-7347
64475.0001 I

,01

Riddell Williams P.S.
1001 Fourth Avenue, Suite 4500
Seattle, Washington 98I54-II92
206.624 .3600

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Case 2:13-cv-00680-JLR Document 1 Filed 04/16/13 Page 7 of 9

Schedule

Line I

Claim No.

I

Line 2

Musical Composition

Folsom Prison a/k/a Folsom Prison Blues

Line 3

Writer(s)

John R. Cash a/k/a JohnnY Cash

Line 4

Publisher Plaintiff(s)

Line 5

Date(s) of Reg¡stration

House of Cash, lnc.
2t13184 1/13/83 9114156 EU 418371

Line 6

Registration No(s).

RE 196-295 RE 153-380 Ep 102326 11130155

Line 7

Date(s) of lnfringement

01t't7t2013

Line 8

Place of lnfr¡ngement

Rooney's

Line 1

Claim No.

2

Line 2

Musical Composition

Me And Julio Down By The Schoolyard

Line 3

Writer(s)

Paul Simon

Line 4

Publ¡sher Plaintiff(s)

Paul Simon, an individual d/b/a Paul Simon Music

Line 5

Date(s) of Registration

't'U't5t71

Line 6

Registration No(s).

E.u292677

Line 7

Line I

Date(s) of lnfringement

0111712013

Place of lnfringement

Rooney's

Case 2:13-cv-00680-JLR Document 1 Filed 04/16/13 Page 8 of 9

Line 1

Claim No.

3

Line 2

Musical Composition

Something To Talk About AKA Let's Give Them Something To Talk About

Line 3

Write(s)

Shirley Eikhard

L¡ne 4

Publ¡sher Plaintiff(s)

Shirley Rose Eikhard, an individual d/b/a Shirley Eikhard USA Music: EMI Blackwood
Music lnc.

Line 5

Date(s) of Registration

3t17t88

Line 6

Registration No(s).

PAu 1-069-584

Line 7
Line I

Date(s) of lnfringement

01t16t2013

Place of lnfringement

Rooney's

Line 1

Cla¡m No.

4

Line 2

Musical Composition

Long December

Line 3

Write(s)

Adam F. Dur¡tz

Line 4

Publisher Plaintiff(s)

EMI Blackwood Music, lnc.; Counting Crows, LLC d/b/a Jones Falls Music

Line 5

Date(s) of Registrat¡on

Line 6

Registration No(s).

11t25t96
PA 8't 8-682 PA 880-969

11124197

Line 7

Date(s) of lnfringement

01t'16t2013

Line B

Place of lnfringement

Rooney's

Case 2:13-cv-00680-JLR Document 1 Filed 04/16/13 Page 9 of 9

Line 1

Claim No.

5

Line 2

Musical Composition

Love The Way You Lie

Line 3

Writer(s)

Marshall B. Mathers lll; Alexander Grant; Holly Hafermann

Line 4

Publisher Plaintiff(s)

songs of universal, lnc.; universal Music-Z Tunes, LLC d/b/a Universal Music Z songs;
Marshall B. Mathers lll, an individual d/b/a Shroom Shady Music; Holly B. Hafermann' an
individual d/b/a Hotel Bravo Music; M Shop Publishing, A Division of Machine Shop
Publishing, LLC

Line 5

Date(s) of Reg¡stration

3t9t11

Line 6

Registration No(s).

PA 1-730-976

Line 7

Date(s) of lnfringement

0111612013

Line 8

Place of lnfringement

Rooney's

Line 1

Claim No.

6

Line 2

Musical Composition

Howlin' For You

Line 3

Write(s)

Dan Auerbach: Patrick Carney

Line 4

Publisher Plaintiff(s)

Daniel Quine Auerbach and Patrick James Carney, a partnership d/b/a McMoore Mclessl
Publishing

Line 5

Date(s) of Registration

6t1t10

Line 6

Registration No(s).

PA 1-698-031

Line 7

Date(s) of lnfringement

01t't6t2013

Line 8

Place of lnfringement

Rooney's