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JS 44C/SDNY

REV. 4/2014
CIVIL COVER SHEET
X4,OL.446
The JS-44 civil cover sheet andtheinformation contained herein neither replace noj,
pleadingsor other papers as required bylaw, 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.
PLAINTIFFS
'JUDGE ORG*. V
Lee Oskar Levitinp/k/a Lee Oskar, as an individual and d/b/a Ikke-Bad
Music; Greg Errico, as an individual and d/b/a Radio Active Material
Publishing Company; and Keri Okar, an individual
ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONENUMBER
Freundlich Law
Kenneth D. Freundlich, Esq.
16133 Ventura Blvd., Suite 1270
Encino, CA 91436 D
CAUSE OFACTION (CITE THE U.S: CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OF CAUSE)
(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)
Copyright infringement under U.S. Copyright Act (17 U.S.C. 101, et seq.) and various foreign copyright laws
DEFENDANTS
Sony Music Entertainment, a wholly-owned subsidiary of Sony Corporation of
America, a New York corporation; et al.
ATTORNEYS (IF KNOWN)
'"JUN 202014
Has this action, case, or proceeding, or one essentially the same been previously filed in SDNY at any time? Nd2JYesQjudge Previously Assigned
If yes, was this case Vol. [] Invol. Dismissed. No Yes If yes, give date &Case No.
IS THISANINTERNATIONAL ARBITRATION CASE?
(PLACEAN[x]INONEBOXONLY)
TORTS
No 0 Yes
NATURE OF SUIT
CONTRACT
PERSONAL INJURY
]310 AIRPLANE
]315 AIRPLANEPRODUCT
LIABILITY
]320 ASSAULT, LIBEL a
SLANDER
)330 FEDERAL
EMPLOYERS'
LIABILITY
)340 MARINE
)345 MARINE PRODUCT
LIABILITY
)350 MOTOR VEHICLE
1355MOTOR VEHICLE
PRODUCT LIABILITY
]360 OTHER PERSONAL
INJURY ^
]362 PERSONALINJURY -
MED MALPRACTICE
FORFEITURE/PENALTY
[] 625 DRUG RELATED
SEIZURE OF PROPERTY
21 USC 881
[) 690 OTHER
PERSONAL INJURY
[ J367 HEALTHCARE/
PHARMACEUTICAL PERSONAL
INJURY/PRODUCT LIABILITY
[ ) 365 PERSONAL INJURY
PRODUCT LIABILITY
[ J368ASBESTOSPERSONAL
INJURY PRODUCT
LIABILITY
PERSONAL PROPERTY
[ 1370 OTHER FRAUD
[ 1371 TRUTHINLENDING
[]110
[]120
11130
11140
(1150
] 151
)152
1153
[J 160
11190
[J 195
INSURANCE
MARINE
MILLER ACT
NEGOTIABLE
INSTRUMENT
RECOVERY OF
OVERPAYMENT &
ENFORCEMENT
OF JUDGMENT
MEDICARE ACT
RECOVERY OF
DEFAULTED
STUDENT LOANS
(EXCLVETERANS)
RECOVERY OF
OVERPAYMENT -
OF VETERAN'S
BENEFITS
STOCKHOLDERS
SUITS
OTHER
CONTRACT
CONTRACT
PRODUCT
LIABILITY
196 FRANCHISE
[ J380 OTHERPERSONAL
PROPERTY DAMAGE
[ ]385 PROPERTY DAMAGE
PRODUCT LIABILITY
PRISONER PETITIONS
[ ]463 ALIENDETAINEE
[ ) 510 MOTIONSTO
VACATE SENTENCE
28 USC 2255
[ ]530 HABEAS CORPUS
[ ]535 DEATHPENALTY
[ ]540 MANDAMUS &OTHER
REAL PROPERTY
ACTIONS UNDER STATUTES
CIVIL RIGHTS
[ ]440 OTHER CIVIL RIGHTS
(Non-Prisoner)
( )441 VOTING
[ 1442 EMPLOYMENT
( ]443 HOUSING/
ACCOMMODATIONS
[] 445 AMERICANSWITH
DISABILITIES -
EMPLOYMENT
[ ]446 AMERICANSWITH
DISABILITIES -OTHER
I 144B EDUCATION
LABOR
[ J710 FAIRLABOR
STANDARDS ACT
[ ]720 LABOR/MGMT
RELATIONS .
[ ]740 RAILWAY LABOR ACT
[ ] 751 FAMILY MEDICAL
LEAVE ACT (FMLA) j
[ J790 OTHER LABOR
LITIGATION
[ J791EMPLRETINC
SECURITY ACT
IMMIGRATION
[ ]462 NATURALIZATION
APPLICATION
[ ) 465 OTHER IMMIGRATION
ACTIONS
11210
[ ]220
( ]230
[ J240
[]245
( ]290
LAND
CONDEMNATION
FORECLOSURE
RENT LEASES
EJECTMENT
TORTS TO LAND
TORT PRODUCT
LIABILITY
ALL OTHER
REAL PROPERTY
Check ifdemandedincomplaint:
CHECK IF THIS IS ACLASS ACfION
UNDER F..R.C.P. 23
PRISONER CIVIL RIGHTS
[ ]550 CIVILRIGHTS
[ )555 PRISON CONDITION
[ ]560 CIVIL DETAINEE
CONDITIONS OF CONFINEMENT
ACTIONS UNDER STATUTES
BANKRUPTCY
[ ]422 APPEAL
28 USC 158
[ ) 423 WITHDRAWAL
28 USC 157
PROPERTY RIGHTS
|X)820 COPYRIGHTS
| ) 830 PATENT
| ]840 TRADEMARK
SOCIAL SECURITY
[ J861 HIA(1395ff)
[ ]862 BLACK LUNG(923)
( ]863 DIWC/DIWW(405(g))
( ) 864 SSID TITLE XVI
[ )865 RSI (405(g))
FEDERAL TAX SUITS
[ ) 870 TAXES (U.S. Plaintiffor
Defendant)
[ J871 IRS-THIRDPARTY
26 USC 7609
OTHER STATUTES
375 FALSE CLAIMS
400 STATE
REAPPORTIONMENT
410 ANTITRUST
430 BANKS & BANKING
450 COMMERCE
460 DEPORTATION
470 RACKETEER INFLU
ENCED 8 CORRUPT
ORGANIZATION ACT
(RICO)
480 CONSUMER CREDIT
490 CABLE/SATELLITE TV
H
11
[ ) 850 SECURITIES/
COMMODITIES/
EXCHANGE
[ ] 890 OTHER STATUTORY
ACTIONS
[ ]891 AGRICULTURALACTS
( ) 893 ENVIRONMENTAL
MATTERS
( ] 895 FREEDOM OF
INFORMATION ACT
[ J 896 ARBITRATION
[ ] 899 ADMINISTRATIVE
PROCEDURE ACT/REVIEW OF
APPEAL OF AGENCY DECISIO
[ J950 CONSTITUTIONALITY 0
STATE STATUTES

MTHIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.?


DOCKET NUMBER .
JUDGE
DEMAND l3x 0W]000 OTHER.
Check YES onlyifdemandedincomplaint
JURY DEMAND: S YES OslO
NOTE: You must also submit at the time of filingthe Statement of Relatedness form (Form IH-32;
^%
(PLACEAN x INONEBOXONLY) ORIGIN
II 2 Removed from
State Court
| | 3. all parties represented
| | b. At least one
party Is prose.
(PLACEAN x IN ONEBOXONLY) BASIS OF JURISDICTION
1 US PLAINTIFF Q2 U.S. DEFENDANT [x] 3 FEDERAL QUESTION [~J4 DIVERSITY
(U.S. NOTAPARTY)
[El 1 Original
Proceeding
D 3 Remanded D 4 Reinstated or Q5 Transferred from 6 Multidistrict
from Reopened (Specify District) Litigation
Appellate
Court
7 Appeal toDistrict
Judge from
Magistrate Judge
Judgment
IFDIVERSITY, INDICATE
CITIZENSHIP BELOW.
. CITIZENSHIP OF PRINCIPAL PARTIES (FORDIVERSITY CASES ONLY)
(Place an[X] in one box for Plaintiff and onebox for Defendant)
PTF DEF
CITIZEN OF THIS STATE []1 [J1
CITIZEN OF ANOTHER STATE [ ] 2 [ ] 2
CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY
PTF DEF
[]3[]3
PTF DEF
INCORPORATED and PRINCIPAL PLACE [ ] 5 [ ] 5
OF BUSINESS IN ANOTHER STATE
INCORPORATEDor PRINCIPAL PLACE [ ] 4 [ ] 4
OF BUSINESS INTHIS STATE
PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)
All care of:
Freundlich Law
1270 Ventura Blvd. Ste, 1270
Encino, CA 91436
Attn: Kenneth D. Freundlich, Esq.
DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)
See Attachment A
FOREIGN NATION
[ ]6 [ ]6
DE^^S^^^^fSSSEJW<T. ATTHIS TIME, IHAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN
RE9IBENCE ADDRESSES OFTHE FOLLOWING DEFENDANTS:
Sony Music Entertainment Korea Inc.
Check one- THIS ACTION SHOULD BE ASSIGNED TO: Q WHITE PLAINS [xj MANHATTAN
(DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTS
COMPLAINT.)
SIGNAT#R># ATTORNjjfoF REjCjJRb f/J / ADMITTED TO PRACTICE IN THIS DISTRICT
[Xj YES (DATE ADMITTED Mo. Yr.1988 )
RECEIPT* ~ Attorney Bar Code #2200897
DATE
%/nhi
Magistrate Judge is to be designated by the Clerk ofthe Court.
Magistrate Judge
Ruby J. Krajick, Clerk of Court by.
Deputy Clerk, DATED.
UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)
is so Designated.
^ ^fc
ATTACHMENT A TO CIVIL COVER SHEET
Lee Oskar Levitin p/k/a Lee Oskar, as an individual and d/b/a Ikke-Bad Music; Greg
Errico, as an individual and d/b/a Radio Active Material Publishing Company; and Keri
Okar, an individual v. Sony Music Entertainment, a wholly-owned subsidiary of Sony
Corporation of America, a New York corporation; et al.
DEFENDANT(S) ADDRESSfES) AND COUNTY(IES)
(1) Sony Music Entertainment
550 Madison Ave.
New York, NY 10022
New York County
(2) Polo Grounds Music, Inc.
62 Pyngyp Road
Stony Point, NY 10980
Rockland County
(3) Mr. 305, Inc.
2100 Ponce De Leon Blvd., Suite 1045
Coral Gables, FL 33134
(4) Sony Music Entertainment Canada Inc.
150FerrandDr.
North York, ON M3C 3E5, Canada
(5) Sony Music Entertainment UK
9 Deny St.
London W8 5HY, United Kingdom
(6) Sony Music Entertainment Germany GmbH
BalanstraBe 73, Haus 31
81541 Munich, Germany
(7) Sony Music Entertainment Australia Ltd.
11-19 Hargrave St
East SydneyNSW2010, Australia
(8) Sony Music Entertainment Italy s.p.a.
Via Amedei, 9
Milan, Italy 20123
(9) Sony Music Entertainment Mexico, S.A. De C.V.
Periferico Blvd. Manuel Avila Camacho 191
Polanco, Miguel Hidalgo
11510 Ciudad de Mexico, Distrito Federal, Mexico
ATTACHMENT A TO CIVIL COVER SHEET cont'd.
Lee Oskar Levitin p/k/a Lee Oskar, as an individual and d/b/a Ikke-Bad Music; Greg
Errico, as an individual and d/b/a Radio Active Material Publishing Company; and Keri
Okar, an individual v. Sony Music Entertainment, a wholly-owned subsidiary of Sony
Corporation of America, a New York corporation; et al.
(10) Sony Music Entertainment Espana, S.L.
Av Madronos, 27
28043 Madrid, Spain
(11) Sony Music Entertainment France
52/54 rue de Chateaudun
75342 Paris Cedex 09
France
4>
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
LEE OSKAR LEVITIN p/k/a LEE OSKAR, as an
individual and d/b/a IKKE-BAD MUSIC; GREG
ERRICO, as an individual and d/b/a RADIO
ACTIVE MATERIAL PUBLISHING COMPANY;
and KERI OSKAR, an individual,
Plaintiffs,
-against-
^m
Civil Action No.
COMPLAINT
JURY TRIAL DEMANDED
JUDGE CROTTY
< ...
CO
cn-n
;a
o
O
cr
SONY MUSIC ENTERTAINMENT, a wholly-
owned subsidiary of SONY CORPORATION OF
AMERICA, a New York corporation; MR. 305,
INC., a Florida corporation; POLO GROUNDS
MUSIC, INC., a New York corporation; SONY
MUSIC ENTERTAINMENT CANADA INC., a
Canadian corporation; SONY MUSIC
ENTERTAINMENT UK, a British entity of
unknown form; SONY MUSIC
ENTERTAINMENT GERMANY GMBH, a
German limited liability company; SONY MUSIC
ENTERTAINMENT AUSTRALIA, LTD., an
Australian limited company; SONY MUSIC
ENTERTAINMENT ITALY, S.P.A. an Italian
corporation; SONY MUSIC ENTERTAINMENT
MEXICO S.A. DE C.V., a Mexican corporation;
SONY MUSIC ENTERTAINMENT ESPANA,
S.L., a Spanish limited liability company; SONY
MUSIC ENTERTAINMENT KOREA INC., a
South Korean corporation; and SONY MUSIC
ENTERTAINMENT FRANCE, a French entity of
unknown form,
Defendants.
14 CV 4461
Plaintiffs Lee Oskar Levitin p/k/a Lee Oskar, as an individual and d/b/a Ikke-Bad Music,
Greg Enico, as anindividual and d/b/a Radio Active Material Publishing Company, and Keri
Oskar (collectively, "Plaintiffs"), by andthrough their attorneys Freundlich Law, for their
Complaint against Sony Music Entertainment ("Sony"), a wholly-owned subsidiary of Sony
% ' ' $
Corporation of America, Mr. 305, Inc. ("Mr. 305"), Polo Grounds Music, Inc. ("Polo Grounds")
(collectively, "DomesticDefendants," and each a "Domestic Defendant") and against Sony's
foreign affiliates Sony Music Entertainment Canada Inc. ("Sony Canada"), Sony Music
Entertainment UK ("Sony UK"), Sony Music Entertainment Germany GmbH ("Sony
Germany"), SonyMusicEntertainment Australia, Ltd. ("Sony Australia"), SonyMusic
Entertainment Italy s.p.a. ("Sony Italy"), SonyMusicEntertainment Mexico S.A. de C.V. ("Sony
Mexico"), Sony Music Entertainment Espana, S.L. ("Sony Spain"), Sony Music Entertainment
Korea Inc. ("Sony SouthKorea"), and Sony Music Entertainment France ("Sony France")
(collectively, "Sony Affiliate Defendants," and each a "Sony Affiliate Defendant") ("Sony
Affiliate Defendants" and "Domestic Defendants" are sometimes collectively refened to herein
as "Defendants," and each as a "Defendant"), allege as follows:
Summary of Case
1. This case involves copyright infringement by virtue of Defendants' international
exploitation of the chart-topping song, "Timber," recorded by rapper Armando Christian Perez
(p/k/a Pitbull) ("Pitbull") and featuring Kesha Sebert (p/k/a Kesha) ("Kesha"). "Timber"
contains without Plaintiffs' authorization, portions of Plaintiffs' musical composition, "San
Francisco Bay" (including, inter alia, the distinctive melody and catchy harmonica riff).
Domestic Defendants' unauthorized worldwide exploitation is unlawful under United States
copyright law because Domestic Defendants' actions, undertaken and/or initiated from the
United States, infringe Plaintiffs' exclusive rights under 17U.S.C. 106. Moreover, the Sony
Affiliate Defendants have violatedthe copyright laws (including Plaintiffs' moral rights afforded
thereby) of the Sony Affiliate Defendants' respective foreign tercitories by, among things,
reproducing anddistributing "Timber" within their respective foreign territories without
Q $
Plaintiffs' consent. By this lawsuit, Plaintiffs seek, inter alia, disgorgement of Defendants'
worldwide profits derived from their infringing activities.
Parties, Jurisdiction and Venue
2. Plaintiff Lee Oskar ("L. Oskar") is an individual who resides in Bellevue,
Washington, is, amongother things, a songwriter, and does businessunder the trade name Ikke-
Bad Music ("Ikke-Bad"), a company he uses as his music publishing company.
3. PlaintiffGreg Enico ("Enico") is an individual who resides in Petaluma,
California, is, among otherthings, a songwriter, anddoes business under the trade name Radio
Active Material Publishing Company ("Radio Active"), a company he uses as his music
publishing company.
4. Plaintiff Keri Oskar ("K. Oskar") is an individual and a resident of Sedona,
Arizona, and is, among things, a songwriter.
5. On information and belief, Defendant Sony is a wholly-owned subsidiary of a
corporation (Sony Corporation of America) organized and existing under thelaws of New York.
Sony's principal place of business is inNew York, New York. Sony is a record company which
manufactures and distributes copies of soundrecordings in all formats {e.g., digital and
physical) embodying musical compositions.
6. On information and belief, Defendant Mr. 305 is a corporation organized and
existing under the laws of Florida, with its principal place of business in Coral Gables, Florida.
Upon further information andbelief, Mr. 305 is a record label owned andcontrolled by Pitbull.
7. On information and belief, Defendant Polo Grounds is a corporation organized
andexisting under the lawsof NewYork, withits principal placeof business in NewYork, New
York. Upon further informationand belief, Polo Grounds is a record label.
8. Domestic Defendants Sony, Mr. 305, and Polo Grounds have acted and continue
to act inconcert, thereby subjecting all Domestic Defendants tojoint andseveral liability under
United States copyright lawfor their infringements of Plaintiffs' copyright.
9. On informationand belief, Defendant Sony Canada is a Canadian corporation
with its principal place ofbusiness inCanada. Upon further information and belief, Sony
Canada isa record company and an affiliate of Sony that manufactures and distributes primarily
inCanada copies ofsound recordings inall formats (e.g., digital and physical) embodying
musical compositions.
10. On information and belief, Defendant SonyUKis a Britishentity of unknown
form with its principal place ofbusiness in the United Kingdom. Upon further information and
belief, Sony UK is arecord company and an affiliate ofSony that manufactures and distributes
primarily in the United Kingdom copies of sound recordings in all formats (e.g., digital and
physical) embodying musical compositions.
11. Oninformation andbelief, Defendant Sony Germany is a German limited liability
company with its principal place ofbusiness in Germany. Upon further information and belief,
Sony Germany is arecord company and an affiliate ofSony that manufactures and distributes
primarily in Germany copies ofsound recordings in all formats (e.g., digital and physical)
embodyingmusical compositions.
12. On information and belief, Defendant Sony Australia is an Australian limited
company with its principal place ofbusiness in Australia. Upon further information and belief,
Sony Australia is arecord company and an affiliate ofSony that manufactures and distributes
primarily in Australia copies ofsound recordings in all formats (e.g., digital and physical)
embodying musical compositions.
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13. On information and belief, Defendant Sony Italy is an Italian corporation with its
principal place of businessin Italy. Upon further information and belief, Sony Italy is a record
company and an affiliate of Sonythat manufactures and distributes primarilyin Italy copies of
sound recordings in all formats (e.g., digital and physical) embodying musical compositions.
14. On information and belief, Defendant Sony Mexico is a Mexican corporation with
its principal place of business in Mexico. Upon further information and belief, Sony Mexico is a
record company and anaffiliate of Sony that manufactures and distributes primarily in Mexico
copies of sound recordings inall formats (e.g., digital and physical) embodying musical
compositions.
15. On information and belief, Defendant Sony Spainis a Spanishlimitedliability
company with its principal place ofbusiness inSpain. Upon further information and belief,
Sony Spain is a record company and anaffiliate of Sony that manufactures and distributes
primarily inSpain copies of sound recordings inall formats (e.g., digital and physical)
embodying musical compositions.
16. On information and belief, Defendant Sony South Korea is South Korean
corporation with its principal place ofbusiness inSouth Korea. Upon further information and
belief, Sony Korea is a record company and anaffiliate of Sony that manufactures and distributes
primarily inSouth Korea copies of sound recordings inall formats (e.g., digital and physical)
embodying musical compositions.
17. On information and belief, Defendant Sony France is a French entity of unknown
form with its principal place of business in France. Upon further information andbelief, Sony
France is a record company andan affiliate of Sony that manufactures anddistributes primarily
in France copies of sound recordings in all formats (e.g., digital and physical) embodying
musical compositions.
18. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.
1331 because this action arises under federal law and pursuant to 28 U.S.C. 1332 because,
uponinformation and belief, there is diversity of citizenship betweenthe parties and the amount
in controversy exceeds $75,000.00.
19. By virtue of 28 U.S.C. 1367, this court has supplemental jurisdiction overthe
copyright claims arising under foreign laws.
20. This Court has personal jurisdictionover Sonyand Polo Grounds because, upon
informationand belief, both are domiciled and can be found within the State of New York, and
both do business within the state. See CPLR 301. Moreover, personal jurisdiction over Sony
and Polo Grounds is also proper because, upon further information andbelief, both have engaged
incontinuous and systematic activity within theState of New Yorkactivity which relates to
and/or consists of the acts of copyright infringements alleged herein.
21. This Court has personal jurisdiction over Mr. 305because, uponinformation and
belief, Mr. 305 has engaged in continuous and systematic activity withinthe Stateof NewYork
byvirtue of its acting inconcert and business dealings with NewYork-based Sony and Polo
Groundsactions which constitute doing business in New York. See CPLR 301. The Court's
exercise of personal jurisdictionover Mr. 305 also comports with NewYork's long-arm statute,
CPLR302, because, upon information and belief, Mr. 305 has engagedin instances of
purposeful activity directed at NewYorkactivity which bears a substantial relationship to the
copyright infringements alleged herein.
^
22. This Court has personal jurisdiction over the Sony Affiliate Defendants because,
upon information and belief, they have engaged in continuous and systematic activity within the
State of New York by virtue of their acting in concert and business dealings with New York-
based Sony and Polo Groundsactions which relate to and/or consist of the acts of copyright
infringement alleged herein. Indeed, the Court's exercise of personal jurisdiction over the Sony
Affiliate Defendants comports with New York's long-arm statute, CPLR 302, because, upon
information and belief, the Sony Affiliate Defendants have engaged in instances of purposeful
activity directed at New Yorkactivity which bears a substantial relationship to the copyright
infringement alleged herein.
23. Personal jurisdiction over the Sony Affiliate Defendants also comports with
CPLR 301 because Sony Affiliate Defendants do business in New York by virtue of their agency
relationshipwith Sony. Indeed, upon informationand belief, the activities of Sony in New York
are sufficiently important to the Sony Affiliate Defendants that if they did not have Sony as their
New York-based representative, Sony Affiliate Defendants' own officials would undertake to
perform them.
24. This agency relationship is quite substantial, upon information and belief, as
indicated by the following, inter alia: (1) Much of the product (including, but not limited to,
"Timber") marketed abroad derives from the recordings of artists signed by Sony in New York
(including, but not limited to, Kesha and Pitbull); (2) The Sony Affiliate Defendants market
their material in New York exclusively through Sony; and (3) It is through Sony and the
0 flA
interlocking matrix agreements1 that the Sony Affiliate Defendants are able tomarket products
(including, but not limited, to "Timber") throughout the world.
25. Venue properly lies in this Court pursuant to 28 U.S.C. 1391(b)(2), 1400(a),
because, inter alia, a substantial part of the events that are the subject matter of this lawsuit
occmred and are occuning in this judicial district.
Background Facts
I. "San Francisco Bay"
26. In or about 1978, Plaintiffs L. Oskar, Ereico, and L. Oskar's then-wife, K. Oskar
(sometimes collectively refened to herein as the "SF Bay Writers"), co-wrote the song, "San
Francisco Bay." In or about that same year, the song was first publically released as part of L.
Oskar's solo album titled, Before the Rain. As L. Oskar is a world-famous harmonicist, the song
has a distinctive melody and harmony featuring an original harmonica riff.
27. In a standard form songwriters contract dated April 20, 1978 (the "SSC"), the SF
Bay Writers each transfened ownership in the composition's copyright to "the Publisher" which
consisted of three entities, in the following manner and percentages: 25% to L. Oskar's
publishing company, Ikke-Bad; 25% to Enico's publishing company, Radio Active; and 50% to
another publishing company, non-party Far Out Music, Inc. ("Far Out"), which, upon
information and belief, is controlled by non-party Gerald "Jerry" Goldstein ("Goldstein"). A true
and conect copy of the SSC is attached hereto as Exhibit A.
28. Upon information and belief, Far Out caused "San Francisco Bay" to be initially
registered with the U.S. Copyright Office on or about July 3, 1978. Ikke-Bad, Radio Active, and
Upon informationand belief, a matrix agreement grants Sony and each Sony Affiliate Defendant the exclusive
right to manufacture and distributewithin its territory any recording in the repertoire of Sony and any other party to
a matrix agreement with Sony (here, upon information and belief, Defendants Mr. 305 and Polo Grounds).
^^
Far Out are listed on the copyright registration as the "copyright claimant" and the SF Bay
Writers are listed as "work-for hire" authors. Attached as Exhibit B is a copy of the July 3, 1978
copyright registration (the "Original Registration").
29. Upon information and belief, Far Out submitted a supplementary registration (the
"Supplementary Registration") for "San Francisco Bay," which was recorded by the U.S.
Copyright Office on or about December 26, 1978. In the Supplementary Registration, Far Out
partially conected the Original Registration by stating that K. Oskar was not a "work-for-hire"
author. However, Far Out enoneously neglected to do the same for the other two SF Bay
WritersEnico and L. Oskar, neither of whom are "work-for-hire" authors under applicable
law. Attached as Exhibit C is a copy of the Supplementary Registration.
30. Despite what is stated on the Original Registration and the Supplementary
Registration, the true facts are that the SF Bay Writers did not create "San Francisco Bay" on a
work-for-hire basis as, upon information and belief, none of the SF Bay Writers were employees
of the listed employer-for-hire (Far Out) and none of the other indicia, if any, of a work-made-
for-hire were or are present.
II. "Timber"
31. Upon information and belief, in or about 2013, a conglomerate of writers,
including, among others, Kesha, Pitbull, and songwriter-producer Lukasz Gottwald (p/k/a Dr.
Luke), co-wrote the hit song, "Timber," which, without Plaintiffs' permission, makes copious use
of the melody and harmonica riff of "San Francisco Bay."
32. Upon further information and belief, without Plaintiffs' permission, Defendants
produced or caused to be produced a master sound recording and music video, inter alia, of
"Timber" with Pitbull and Kesha as featured performers. Indeed, upon information and belief.
Q (m
harmonica player Paul Harrington was told by Defendants to emulate L. Oskar's harmonica
performance from "San Francisco Bay" so that the harmonica lines in "Timber" would have an
identical texture and sound as "San Francisco Bay."
33. Accordingly, "Timber" is a reproduction of copyright-protected elements within
"San Francisco Bay," and a derivative work based upon "San Francisco Bay."
34. Upon information and belief, sometime in or about 2013, seeking to exploit
"Timber" on a worldwide basis, the Domestic Defendants offered, transmitted (physically and/or
electronically), and otherwise made available "Timber" to their foreign affiliates, including,
without limitation, the Sony Affiliate Defendants, among other entities and individuals.
35. On information and belief, on or about October 7, 2013, the international release
of "Timber" to the public began. Upon information and belief, with Domestic Defendants'
encouragement, authorization, and assistance, the Sony Affiliate Defendants digitally (streaming
and download) and physically released "Timber" in the Sony Affiliate Defendants' respective
countries, including: the United Kingdom, Italy, Germany, Mexico, Spain, Canada, Australia,
France, and South Korea. Upon information and belief, Defendants have wrongfully profited
from the exploitation of "Timber" in these countries, as well as, worldwide.
36. Upon further information and belief, "Timber" has been hugely successful,
peaking at number 1 chart positions in the United States, United Kingdom, Canada, Germany
and on Europe's "Euro Digital Songs" chart, and achieving multi-platinum sales status in, among
other places, the United States (4x Platinum), Australia (4x Platinum), Canada (6x Platinum),
South Korea (2x Platinum), on its way to becoming one of the industry's most successful
worldwide hits of 2013-2014.
10
^ Aft
37. On information and belief, Defendants might have obtained a license from Far
Out purportedly giving worldwide permission to use "San Francisco Bay" in "Timber." But to
date, Defendants have failed to request or obtain the requisite license from Plaintiffs for such
interpolation and, more generally, the worldwide exploitation alleged herein.
38. Without a license from all of the co-copyright holders and writers of "San
Francisco Bay," Defendants cannot exploit "Timber" in the aforementioned foreign territories,
among others. See, e.g., United KingdomPowell v. Head, 12 Ch. D. 686 (1879), Cescinsky v.
George Routledge &Sons, Ltd., 2 K.B. 325 (1916); GermanyArticle 8 of UrhG; ItalyLaw
No. 633, 10, Act of April 22, 1914 as amended; SpainArticles 7 and 9 of Royal Legislative
Decree 1/1996of 12 April 1996; MexicoAct of Dec. 31, 1956 9 & 10; CanadaMassie &
Renwick, Ltd. v. Underwriters' Survey Bureau, Ltd., 1 D.L.R. 625 (1940); South KoreaArticle
48 of the Copyright Act of SouthKorea; FranceLaw No. 57-296, 10, Act of March 11,
1957; AustraliaSevenNetwork (Operations) Ltdv TCNChannelNine Pty Ltd(2005) 146
FCR 183 at [20] per Lindgren J ("In the absence of the consent of the other co-owner, one co-
owner is neither entitled to do an act comprised in the copyright, nor to grant a license to a third
partyto do suchan act") (citations omitted). See alsogenerally Cary, "Joint Ownership of
Copyrights," Copyright Office Study No. 12; Nimmer on Copyright 6.10[D].
39. Accordingly, Defendants' actions as alleged herein violate the copyright laws of
each Defendant's respective country.
40. Insofar as the Domestic Defendants are concerned, their infringing actions, as
alleged herein, were and are, upon information and belief, undertaken and/or initiated from the
United States, and thus the Domestic Defendants have infringed and continue to infringe
Plaintiffs' exclusive rights under U.S. copyright law, 17 U.S.C. 106.
11
o o
41. Insofar as the Sony Affiliate Defendants are concerned, their interpolation of "San
Francisco Bay" within "Timber" and their subsequent exploitation of "Timber" violates
Plaintiffs' moral and economic rights as protected by the copyright laws of the Sony Affiliate
Defendants' respective countries.
First Claim for Relief
(U.S. Copyright Infringement under 17 U.S.C. 106)
(By Plaintiffs L. Oskar d/b/a Ikke-Bad and Errico d/b/a Radio Active against all Domestic
Defendants)
42. Plaintiffs repeat and re-allege the allegations set forth in paragraphs 1 through 41,
inclusive, as if fully set forth herein.
43. Upon information and belief, the Domestic Defendants have infringed and
continue to infringe Ikke-Bad's and Radio Active's exclusive rights of reproduction and
preparation of derivative works under 17 U.S.C. 106(1) and (2), respectively, by the Domestic
Defendants, while in the United States, creating duplicate master tapes and/or electronic files of
"Timber" for distribution to and/or public performances via streaming or other broadcasting to
the Sony Affiliate Defendants, among others, abroad.
44. Furthermore, upon information and belief, the Domestic Defendants have also
infringed and continue to infringe Ikke-Bad's and Radio Active's exclusive rights of distribution
and/or public performance under 17 U.S.C. 106(3) and/or (4), respectively, by the Domestic
Defendants, while in the United States, distributing and/or streaming or other broadcasting of
"Timber" to the Sony Affiliate Defendants, among others, abroad.
45. Furthermore, upon information and belief, the Domestic Defendants have
infringed and continue to infringe Ikke-Bad's and Radio Active's exclusive right of distribution
under 17 U.S.C. 106(3) by the Domestic Defendants, while in the United States, making
12
^Q
"Timber" available to the Sony Affiliate Defendants, among others, for download through the
Internet and/or via the Domestic Defendants' intranet/extranet-based, worldwide matrix
distribution systems.
46. Furthermore, upon further information and belief, the Domestic Defendants have
likewise infringed and continue to infringe Ikke-Bad's and Radio Active's exclusive right of
distribution under 17 U.S.C. 106(3) by the Domestic Defendants, while in the United States,
offering to distribute copies of "Timber" to the Sony Affiliate Defendants, among others, for
purposes of further distribution and/or public performance abroad.
47. Furthermore, upon information and belief, the Domestic Defendants have also
infringed and continue to infringe Ikke-Bad's and Radio Active's various exclusive rights under
17 U.S.C. 106 by the Domestic Defendants, while in the United States, signing agreements
with the Sony Affiliate Defendants, among others, for the foreign exploitation (e.g., foreign
reproduction, distribution, and/or public performance) of "Timber."
48. Furthermore, upon information and belief, the Domestic Defendants have also
violated and continue to violate Ikke-Bad's and Radio Active's various exclusive rights under 17
U.S.C. 106 by the Domestic Defendants, while in the United States, authorizing the Sony
Affiliate Defendants, among others, to commit actions abroad which infringe and continue to
infringe Ikke-Bad's and Radio Active's various exclusive rights under 17 U.S.C. 106.
49. Upon information and belief, the Domestic Defendants' infringements, as alleged
herein, continue to this day and will continue in the future unless stopped by this Court.
50. Upon information and belief, the Domestic Defendants' infringements alleged
herein were and are willful and deliberate.
13
Q
51. The Domestic Defendants have unlawfully and wrongfully derived and continue
to derive profits from the infringements alleged herein.
Second Claim for Relief
(Foreign Copyright Infringement under the Copyright Laws of the Respective Countries of
the Sony Affiliate Defendants)
(By all Plaintiffs against all Sony Affiliate Defendants)
52. Plaintiffs repeat and re-allege the allegations set forth in paragraphs 1 through 51,
inclusive, as if fully set forth herein.
53. Upon information and belief, the Sony Affiliate Defendants, while in their
respective countries and without Plaintiffs' permission, have caused to be interpolated and/or in
fact have interpolated "San Francisco Bay" within "Timber."
54. Furthermore, upon information and belief, the Sony Affiliate Defendants, while
in their respective countries and without Plaintiffs' permission, have, inter alia, reproduced,
distributed, and/or publically performed "Timber."
55. By virtue of the foregoing, the Sony Affiliate Defendants have violated Plaintiffs'
moral and economic rights as protected by the copyright laws of the Sony Affiliate Defendants'
respective countries asfollows2:
(a) Sony Canada has violated Canada's Copyright Act R.S.C. 1985, c. C.-42;
(b) Sony UK has violated the United Kingdom's Copyright, Designs and
Patents Act 1988;
(c) Sony Germany has violated Germany's UrhG;
(d) Sony Australia has violated Australia's CopyrightAct 1968;
2Citations herein toforeign laws are tothe applicable versions thereof asamended. Moreover, tothe extent any
foreign laws governingthe alleged infringements of moral and/or economic rights are not expresslycited herein,
they are nevertheless impliedly incorporated herein.
14
&
(e) Sony Italy has violated Italy's Law no. 633 of 22 April 1941 and/or Italian
Civil Code of1942, Arts. 2575-2583.
(f) Sony Mexico has violated Mexico's Federal Law on Copyright and/or Act
of Dec. 31, 1956;
(g) Sony Spain has violated Spain's Royal Legislative Decree 1/1996 of 12
April 1996;
(h) Sony South Korea has violated the Copyright Act ofSouth Korea; and
(i) Sony France has violated France's Intellectual Property Code.
56. Upon information and belief, the Sony Affiliate Defendants' infringements, as
alleged herein, continue to this day and will continue in the future unless stopped by this Court.
57. Upon information and belief, the Sony Affiliate Defendants' infringements
alleged herein were and are willful and deliberate.
58. The Sony Affiliate Defendants have unlawfully and wrongfully derived and
continue to derive profits from the infringements alleged herein.
WHEREFORE, Plaintiffs pray for relief as follows:
1. For compensatory damages, including, inter alia, disgorgement of Defendants'
worldwide profits derived from "Timber," in an amount not yet fully ascertained but believed to
exceed Three Million Dollars ($3,000,000.00), plus pre- and post-judgment interest thereon at
the maximum legal rate;
2. For an injunction prohibiting, interalia, any further copying, exhibition,
broadcast, distribution, publication and performance (including Defendants' authorization of the
aforementioned actions) of "Timber" that would violate Plaintiffs' rights under the United States
and/or foreign copyright laws;
15
Q Q
3. For costs and reasonable attorney's fees; and
4. For such other and further relief as the Court deems just and proper.
Dated: Encino, California
June 17, 2014
FREUNDLICH LAW
16133 Ventura Blvd. Ste. 1270
Encino, CA 91436
(818)377-3790
and c/o Beigelman Feiner & Feldman
PC
100 Wall Street, 23rd Floor
New York, New York 10005
16
LENNETHD. FREUNDLICH, ESQ.
16133 Ventura Blvd. Ste. 1270
Encino, California 91436
(818)377-3790
Attorneys for Plaintiffs Lee Oskar
Levitin p/k/a Lee Oskar, as an
individual and d/b/a Ikke-Bad Music,
Greg Ercico, as an individual and
d/b/a Radio Active Material
Publishing Company, and Keri Oskar
^A
DEMAND FOR JURY TRIAL
Plaintiffs hereby demand a trial by jury.
Dated: Encino, California
June 17, 2014
17
FREUNDLICH LAW
16133 Ventura Blvd. Ste. 1270
Encino, CA 91436
(818)377-3790
and c/o Beigelman Feiner & Feldman
PC
100 Wall Street, 23rd Floor
New York, New York 10C
KENNETH D. FREUNDLICH, ESQ.
16133 Ventura Blvd. Ste. 1270
Encino, California 91436
(818)377-3790
Attorneys for Plaintiffs, Lee Oskar
Levitin p/k/a Lee Oskar, as an
individual and d/b/a Ikke-Bad Music,
Greg Enico, as an individual and
d/b/a Radio Active Material
Publishing Company, and Keri Oskar
EXHIBIT A
STAND^D SONGWRITERS COl^RACT
Ajgjrje*ttmtl wade this 20th day f April 1?Y8. between
'AR OUT MJSIC, ETC. (50$), IKKE-BAD MUSIC (25%), RADIO ACTIVE IMPERIAL PUBLISHING COMPANY (Z?i
(hereinafter called the"Publisher").and j
LEE OSKAR, KERI OSKAR, GREG- ERRICO
jointly aad/or severally (hereinafter called "Writer(s)*>);
tttt00iij
In consideration of the agreement herein contained and of the sum of One ($1.00) Dollar and other good
tion in hand paid by the Publisher to the Writer(s), receipt of which is hereby acknowledged, the parties -agree
1. The Writer(s) hereby sells, assigns, transfers and delivers ib the Publisher, its successors and assigns, a certain heretofore
unpublished original musical composition, written and/or composed by the above named Writer(s), now entitled:
"SAN FRANCISCO' BAY"
and valuable considers-
a3 follows:
including the title, words and music, and all copyrights thereof, including but not limited to the copyright registration thereof No.
, and all rights, claims and demands in any way relating thereto, and the exclusive rijght to secure copyright
therein throughout the entire world, and to have and to hold the said copyrights and all rights of whatsoever nature now and hereafter
thereunder existing and/or existing under any agreements or licenses relating thereto, for and during the full t^rms of all of said copy
rights. In consideration of the agreement herein contained and the additiortal sum of One ($1.00) Dollar and other good and valuable
consideration inhand paid bythe Publisher tothe Wfiter(s), receipt ofwhich is hereby acknowledged, theWriter(s) hereby sells, assigns,
transfers and" delivers to the Publisher, its successors and assigns, all renewals and extensions of the copyrights of said musical com
position^) to which the Writer(s) may be entitled hereafter, and all registrations thereof, and all rights of anir and every nature now
""arid hefeaftey'the'reBndeTexistrrig, for the"full"terms of all such renewals and extensions of copyrights. The Writer(s) hereby author
izes and empowers the Publisher to renew, pursuant tolaw, for and in the name of the Writer(s), if living, th<j copyrights of the said
musical composition, and to execute and deliver in the name of the YVnter(s) a formal assignment of each renewal copyright to the
Publisher, for its own use and benefit,
B. The Writer(s) hereby warrants that the said composition is his sole, exclusive and original work, and that he has full right
and power to make the within agreement, and that there exists no adverse claims to or in the said composition.
3. The Writer(s) hereby warrants that the foregoing musical composition is new and original and
other copyrighted work and lias been, created by the joint collaboration of the Writers named herein and that
eluding the title, words and music thereof has been, unless herein otherwise specifically noted, the result of
the undersigned Writers and not by way of any independent or separable activity by any of the Writers.
4. In consideration of this agreement, the Publisher agrees to pay the Writcr(s) as follows;
a)
does not infringe any
t said composition, ih-
the joint efforts of all
NONE as a non-returnable advance against the royalties payable to Writer(s) hereunder, which
sum, and all other advances whichmay be paid, shall be deductible frompayments hereafter becoming due the Writer(s)
hereunder or under any other agreement heretofore or hereafter made between the parties. '
b) FOUR (m-0) cents per copy, for each and every regular pianoforte copy thereof published and sold by
and paid for to the Publisher intheUnited States and Canada; I
FOUR \h(p) cents per copy, for' each and every dance orchestration thereof published and sold by and
paid for to the Publisher in the United States and Canada.
c) TEN"' (10/&) percent of the wholesale selling price (after trade discounts if any) for each and every print
edcopy of each and every other arrangement andedition thereof published andsoldby and paid fotf to the Publisher in the
UnitedStates and Canada, except that in the event that the said work shall be used or caused to be used in whole or in part
in conjunction with one or more other musical compositions in a folio or album, the Writcr(s) shall be entitled to receive
that proportion ofsaid TEH" (XO%) percent which the musical composition shall bear tothc'total number
of musical compositions contained in such folio or album, but in no event shall Wrftcr(s) be entitled to receive more than
$12.50 for each edition of Iyrtes only allowed,
d) FIFTY (50?fc) percent of any and all net sums actually received by the Publisher from the mechanical rights, electrical
transcription and reproducing rights, motion picture synchronization and television rights, and all
otherwise specifically provided for herein) therein in the United States and Canada, except that the Writer(s) shall not be
entitled to share in knysum or sums received by the Publisher from ASCAP or BMI or any public
ganization which pays performance fees directly to songwriters;
other rights (except as
performance rights or-
e) FIFTY (50$&) percent of any and all net sums actually earned and actually received by the Publisher from sales and uses
j \ *VS i aW,shcr sf3il r5ntler W Wnterfs), as above, on or before eachSeptember 1stcoj^ring.the sis monflis endhpr June 30th;
md each March 1st covering the six months ^iing December 31st, royalty statements acco^bicd by remittance for any royalties
Jue thereunder. After two years from the-dateWthis agreement, royalty statements .shall be reared solely for periods in which royal-
ms aredue. baid-statements and payment, in the absence of written objection theretoby the Writer(s) within, ninety (60) days fromre
ceipt thereof, snail constitutes account stated as to all royalties due for the period encompassed by such statement and/or ouyment.
Royalties arc payable only when received fcy Publisher mthe United States and in dollar equivalent at the-xate.of exchange at the time
fuDiisher receives payment. The cost of demonstration records shall be deducted from royalties payable to the Writcr(s).
7. The Writer(s) hereby consents to such changes, adaptations, dramatizations, transpositions, editing and arrangements of
said composition, and the setting of words to the music and of music to the words, and the change of title as the Publisher deems de-
15 , .W the event that the composition-covered 4y this agreement is an instrumental composition, then and in such event the
Wnterfs) hereby irrevocably grants to the Publisher the sole and exclusive right and privilege to cause lyrics to be written for such,
:omposiuon by a writer or writers designated by the Publisher, which lyrics shall require only the approval of the Publisher, wherc-
ipcm the Wnterfs) shall be entitled to only one-naif of-the aforementioned royalties provided in this agreement. The Writer(s)
lereby waives any and all claims which he has or may have against the Publisher and/or its associates, affiliated' and subsidiary
:orporatwns by reason of the fact that the title of the said composition may be the same or similar to that of any musical compost-
%^/
ADIO ACipS MA.TBRIA^PUBLISHBJG COMPAQ
Z ^X, nj^a ^m'^t) . Address
V
EEE OSKAR LEVITIN a/lt/a'CBE OSKAS
icensees, and said composition and agrees that the use of such name, likeness and title may commence prior to publkatton And may
:oni!nue so long as the Publisher shall own and/or exercise any rights in said composition.
8. Written demands and notices other than royalty statements provided for herein shall be sent by registered mail.
fl. Any legal: action brought by the Publisher against any alleged infringer of said composition shall he initiated and prose-
:uted at the Publisher's sole expense, and of any recovery made by ft as a result thereof, after deduction of the expense of the litiga-
ion, a sum equal to thirty-three and one^third (83yi%) per cent shall be paid to the Writer(s).
(a) If a claim is presented against the Publisher in respect of said composition, and because thereof the Publisher is
eopardized, it shall thereupon serve written notice upon the Writer(s), containing the full details of such claim known to the Publisher
md thereafter until the claim has been adjudicated or settled shall hold any moneys coming due the Writer(B) in escrow pending the
wtcome of such claim or claims. The Publisher shall have the right to settle or otherwise dispose of such claims in any manner as it
n ha sole discretion may determine, fn the -event of any recovery against the Publisher, either by way of judgment or settlement, all
if the costs, charges, disbursements, attorney fees and the amount of the judgment or settlement, may be deducted by the Publisher
rom any and all royalties or other payments theretofore or thereafter payable to the Writer^) by the Publisher or by its rssDciated,
iffiliated, or subsidiary corporations without prejudice to atl other rights of-the PttWtsner at-law-or in equity.
(b) From and after the service of summons in a suit for infringement filed against the Publisher with respect to said
imposition, any and all payments thereafter <oming-due the Writers) shall be held by the Publisher in trust until the suit has been
idjudicated and then be disbursed accordingly, unless the Writer (s) shall elect to file an acceptable bond in the sum of payments, in
vhich event the sums due shall be paid to the Writer(s).
10, ''Writer" as used hereinshall be deemed to include all authors and composers signing this agreement ,
Ji, The Writcr(s), each for himself, hereby irrevocably constitutes and appoints the Publisher or any of its officers, directors, or
:cneral manager, his (their) attorney and representative, in the name(s) of the Writer(s), or any of them, or in the name of the Pub-
isher, its successors and assigns, to make, sign, execute, acknowledge and deliver any-and all instruments which may be desirable or
leceisary in order to vest in the Publisher, its successors and assigns, any of the rights hereinabove referred to.
IS. The Publisher shall have the right to assign this agreement and ita obligations hereunder, or sell, assign, transfer, license' or
itherwise dispose of any of its rights and obligations in wholeor in part underthis agreement to any person, firm or corporation, but said
lisposition shall not affect the right of the Writ(s) to -receive the royalties hereinabove set forth from the assignee.
13. This agreement shall *e construed only Mu&et the laws of the State of JtKsOaaeiC l! any part of this agreement shall be
tvalld or unenforceable, it shall not affect the validity of the balance of this agreement.
14. This agreement shall be binding upon and snail inure to the benefit of therespective parties hereto, their respective successors
l interest, legal representatives and assigns, and represents the entire understanding betweenthe parties.
15. The parties acknowledge that to the extent a Writer hereunder is under an exclusive
Titer agreement -with the Publisher then the latter agreement shall govern in respect of
nich Writer only in the event of and to the extent of an Inconsistency "between the instant
.greement and the exclusive writer agreement*
IN WITNESS Wft'EREOF, the parties hereto have hereunto set their hands and seals the day and year first above written-
ME-BAD MUSIC FAR OUT MUSIC, INC.
/
**/
mai: VJ Writcp4^^&^. :j^Z- "-i^i d%&*-
' Igflftl OS^
Address-
P-
EXHIBIT B
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71
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f !^' CT* wr or-wa^inAToT
IMPORTANT: o*,. i.w&*,.iw** of">-JiTTEr?; ii^IZ-uT "**'*-<"i-" ] -,,-
-itiwno . .W"j^, I l . '
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" lh. snnwr to iH\* | ,;_,. -^,^
NAMCOF /WTKOt
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HWEVIOOS REGISTRATION:
Y**o!Re&mm**>
COMHUTIONOHOOttVATIVUWaRK..!Swi^,
" PREEXISTING MATERIAL: (MuHfy
ny prxWma *o,k or woA, th|h ^ork,-, bawd
onor^iconx r .;
L
f I MATEttlAL ADDEDTO THISVuriPtf./r-i. i^.j >
betttaMd.) JlBWORK. (Oiwbitotatwl*iMWWiq|Jh.
nmmtlAmt hwUen wkfcd to ih work *k1 in **>, cot
uxtunqru
numb*ofAccount.) "WW* 0*c, a*w n*me and
Nam*
Account Numbw
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A*W
?AR. OOT .MUSIC, ZSC.
7*17 S08EBT Kar^AI
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^JMMfcTJCD, OUtTJOiariA, Qool^
Tvp#d or prfrttod nm.. H^IEW KMKS ^ /
r^naiE 30,1978
PAR OtJT MOBIC, TJRj.
u, s.ourra^Brt worra* orrtot: i!7 o. j.*
**W*d. *.,.., Uju,, T"" * HW*C. Vx .r^^h,^.^^^^^
FOR
COPYRIGHT
OFFICE
_i use
- -. I ONtf
Ko*. 1*17 , J.aog.Ajft
EXHIBIT C

6
teak
taatnmtfcama
A
A FORM CA
^ UNITEDSTATES COPYRIGHTOFFICE
REGISTRATION NUMBER "
PA 60-591
TX TXUj
>AU VA VAU SR SfiO RE
SE
DMorSumtoMMtkyHKMWto ~
W0WTW> (DAY) <**$" "'
frttJEOFWORK
"SAN FRANCISCO BAY"
DO NOT WRITE ABOVE THIS LINE. FOR COPYRtQHT OFFICE USE ONLY
I^UISTRATION NUMBER OFBASICREGISTRATION:
PA 7-798
NAME(SiOFAUTHOR(S): " "H
FAR OUT MUSIC, INC. as employer for hire
of LEE OSKAR LEVITIN (LEE OSKAR) , GREG
ERRICO, KERI OSKAR
YEAROFBASK: RGTRATK>Nr
1978
RADIO ACTIVE MATERIAL PUBLISHING
COMPANY
^NANDNATURE OF INCOMUJCT INFORMATION IN BA^^
I.m Number ? LineHeadingorDwcription.. .AP?*?
INCORRECT INFORMATION AS IT APPEARS IN BASICREGISTRATION; ~ ~
FAR OOT MUSIC, INC. as employer for Hire of LEE OSKAR LEVITIN (LEE OSKAR)
GREG ERRIC6, KERI OSKAR < , uskakj,
CORRECTED INFORMATION: ! ; : ; "
KERI OSKAR, BORN: 1953, CITIZEN OF U.S,A., AUTHOR OF WORDS AND MUSIC
EXPLANATONOFCORRECTION: (OpHonal) "~~^" ' ; :
This writer did not write the song on! "for hire" basis.
LOCATIONAND NATURE OF INFORMATION IN BASIC REpSTRATIONTOBEAMPUFIED:
UneNwrtber , Line Heading or Description I..
AMPUFIE0INFORMATION:
UtfiANAITONOFAMFtiFabtNFORMAttoM. (Optional)
'-"H.^:,
''' ^'i,r,"iV
-*'*'--
PA
^^
IEXAMINED**../l. I' ~
ICHECKEDBV:. ti&. jl%fl 7C
i-v^., * L.U.
correspondence:
Wyes
>THI8flEGWmATI0N
JMawiWOMTBATION;
REMITTANCE NUMBER AND DATE.
2$<703 2 6 DEC m
ft~Q-f "s^sscetotb
DU Da J woeojpwwci1*
.., -. Bns Qno
j DEPOSIT ACCOUNT FUNDS USED: Q
OPMOTWRITE ABOVETHW UNg; FOR COPYBIOHT OFFICE IMP n*i, v"
OWTlNtJATIONORiCI-ckwhleh), OBABTB OR DPARTC
(NT. A;-...-,. -
A1?7f:*; ; ^5;
FOR
COPYRIGHT
OFFICE
USE
ONLY

IbgOSIT ACCOUNT: tt,* r^^n fe..^. be,^ to ,6,^^^.^.^, c,


J-
, hrh
*5
Account:
Name
tWBRESFOMijeiCt: OJ^S^WMWMrtfeWi^^
bpyright Office, give name and number of
Account Number
sent:
Name .... MS,. .HftRRJ^jKATZ>. FAjR OUT MUSIC, INC.!
Addrew , . .7*^7,,SOBBT) BOUX^AR, TOLiYWOOD, CALIFORNIA 90046
Apt. No.
fMMtniaM]
ic*,)
qBttillCATK*N* l7tft urtdertJBrtad, hereby certify that Iamthe: (Cheek one)
Oauthor Oother copyrloht claimant Oo^eroIexchaiv.rWtW^authorliedagent of:.... FAR. COT MUSIC, INC.
r<#mcooyrtihi dimi ^
1are correct tothebest of myknowledge.
(Z*Co*|
^^^M^ap^nandthatth.,*^
Handwritten aignature: OX)..
Timed or printed name: HARRIET KATZ
D** DECEMBER 20, 1978
t3:Ip^^&y.. .jyc^i
6
'l7U8C>)W.PAtB1UHStMTAT10W-a. ^^.t ..^ _^, ^
CERTIFICATE
WiWWi ft** atf NWWWKto***}
MARef?
,tt.f.|MfMIWrrnilTiMiarfKt; W^Jtj^ti''-
Apr. 197&25O.000
.^aiaas^^^^^^^
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