Case 2:14-cv-05533-MMM-AGR Document 1 Filed 07/16/14 Page 1 of 20 Page ID #:1
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`
`
`CHRISTINE LEPERA (pro hac vice application forthcoming)
`ctl@msk.com
`MITCHELL SILBERBERG & KNUPP LLP
`12 East 49th Street, 30th Floor
`New York, New York 10017-1028
`Telephone: (212) 509-3900
`Facsimile: (212) 509-7239
`
`BRADLEY J. MULLINS (SBN 274219)
`bym@msk.com
`MITCHELL SILBERBERG & KNUPP LLP
`11377 West Olympic Boulevard
`Los Angeles, California 90064-1683
`Telephone: (310) 312-2000
`Facsimile: (310) 312-3100
`
`Attorneys for Plaintiffs
`Ultra International Music Publishing, LLC
`and Ultra Records, LLC
`
`
`
`UNITED STATES DISTRICT COURT
`
`CENTRAL DISTRICT OF CALIFORNIA
`
` CASE NO. _____________________
`
`COMPLAINT FOR COPYRIGHT
`INFRINGEMENT
`
`Demand For Jury Trial
`
`
`
`ULTRA INTERNATIONAL MUSIC
`PUBLISHING, LLC and ULTRA
`RECORDS, LLC,
`
`Plaintiffs,
`
`v.
`
`MICHELLE PHAN,
`
`Defendant.
`
`
`
`
`
`Plaintiffs Ultra International Music Publishing, LLC (“UIMP”) and Ultra
`
`Records, LLC (“Ultra”) (together, “Plaintiffs”), by their undersigned attorneys, for
`
`their Complaint against Defendant Michelle Phan (“Phan”), allege as follows:
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`JURISDICTION AND VENUE
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`1.
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`This is a civil action seeking damages and injunctive relief for
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`copyright infringement under the Copyright Act, 17 U.S.C. § 101 et seq. This
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`Court has subject matter jurisdiction over Plaintiffs’ claims for copyright
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`infringement pursuant to 28 U.S.C. §§ 1331 and 1338(a).
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`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`Mitchell
`Silberberg &
`Knupp LLP
`6251523.2
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`

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`Case 2:14-cv-05533-MMM-AGR Document 1 Filed 07/16/14 Page 2 of 20 Page ID #:2
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`2.
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`This Court has personal jurisdiction over Phan because, among other
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`things, Phan is engaged in tortious conduct within the State of California and in
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`this District, including by copying, altering, publicly performing, and distributing
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`Plaintiffs’ recordings and musical compositions within the United States and the
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`State of California. Plaintiffs additionally aver that, among other things, (a) Phan
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`or her agents are doing or have been doing business continuously in the State of
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`California and this District, (b) a substantial part of the wrongful acts committed
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`by Phan have occurred in interstate commerce, in the State of California, and in the
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`Central District of California, and (c) Phan’s conduct causes injury to, and is
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`directed at, Plaintiffs and their intellectual property within the United States and
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`the State of California.
`3.
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`Phan, through her agents, has consented to jurisdiction in this District
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`by submitting a Counter-Notification to YouTube, LLC (“YouTube”), in response
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`to a take-down notice sent to YouTube on Plaintiffs’ behalf.
`4.
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`Venue is proper in the Central District of California pursuant to 28
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`U.S.C. §§ 1391 and 1400, in that Plaintiffs are subject to personal jurisdiction, and
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`may be found, in this District.
`
`THE PARTIES
`
`5.
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`Plaintiff UIMP is a limited liability company organized and existing
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`under the laws of the State of New York, having its principal place of business at
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`235 West 23rd Street, 6th Floor, New York, New York 10011.
`6.
`
`Plaintiff Ultra is a limited liability company organized and existing
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`under the laws of the State of Delaware, having its principal place of business at
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`235 West 23rd Street, 6th Floor, New York, New York 10011.
`7.
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`Plaintiffs are a record label and music publishing company, which are
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`engaged in the business of acquiring, owning, publishing, producing,
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`administering, licensing and otherwise exploiting copyrights in musical
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`compositions and sound recordings, including but not limited to licensing the
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`2
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`Silberberg &
`Knupp LLP
`6251523.2
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`

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`Case 2:14-cv-05533-MMM-AGR Document 1 Filed 07/16/14 Page 3 of 20 Page ID #:3
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`reproduction, distribution, sale and performance of their compositions and sound
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`recordings in phonorecords, in audiovisual works, and for streaming (i.e.,
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`performing) and downloading over the Internet. Plaintiffs invest substantial
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`money, time, effort and creative talent developing and exploiting such copyrights,
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`on their own behalves and on behalf of the songwriters, producers and recording
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`artists with whom they have contractual relationships.
`8.
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`UIMP owns or administers (in whole or in part) copyrights and/or
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`exclusive rights in and to numerous compositions, including by way of example
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`those compositions identified on Schedule A hereto, incorporated herein by
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`reference (the “Musical Compositions”). UIMP has obtained or has applied for
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`certificates of copyright registration issued by the United States Copyright Office
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`in each of the Musical Compositions identified on Schedule A. As the owner or
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`administrator of the copyrights (in whole or in part) in these Musical
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`Compositions, UIMP possesses the exclusive right, among other things, to
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`reproduce the Musical Compositions in copies or phonorecords, to adapt the
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`Musical Compositions, to distribute copies or phonorecords of the Musical
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`Compositions to the public, and to perform the Musical Compositions publicly.
`9.
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`Ultra owns copyrights and/or exclusive rights in and to numerous
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`sound recordings, including by way of example, the recordings identified on
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`Schedule B hereto, incorporated herein by reference (the “Recordings”). Ultra has
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`obtained or has applied for certificates of copyright registration issued by the
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`United States Copyright Office in each of the Recordings. As the owner of the
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`copyrights in the Recordings, Ultra possesses the exclusive rights, among other
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`things, to reproduce the Recordings in copies or phonorecords, to distribute copies
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`or phonorecords of the Recordings to the public, to perform the Recordings
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`publicly by means of a digital audio transmission and to license these exclusive
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`rights, including over the Internet.
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`3
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`Mitchell
`Silberberg &
`Knupp LLP
`6251523.2
`
`

`
`Case 2:14-cv-05533-MMM-AGR Document 1 Filed 07/16/14 Page 4 of 20 Page ID #:4
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`10. Defendant Phan is an individual that is engaged in the production of
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`videos that are distributed worldwide over the Internet via, among other things, the
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`website located at www.youtube.com (“YouTube”), which videos are accessible
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`throughout the United States and in the State of California.
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`FACTUAL BACKGROUND
`11. Ultra is one of the leading independent music companies in the world,
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`and is one of the dominant independent music labels currently operating in the
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`genre of what is generally referred to in the music industry as “dance music.”
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`UIMP is a music publishing company. Among the successful artists whose works
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`are or have been on the Ultra label and/or published by UIMP are Kaskade,
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`deadmau5 and Calvin Harris.
`12. Phan is a makeup artist that is most well-known for a series of video
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`tutorials that she began posting on YouTube in 2007. In these videos, Phan
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`provides makeup advice centered around a variety of different themes.
`13. Phan’s videos are extremely popular. Her YouTube channel, located
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`at www.youtube.com/user/MichellePhan, has more than six million subscribers
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`from all over the world. One of her YouTube videos, entitled “Barbie
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`Transformation Tutorial,” has been viewed more than fifty million times.
`14. This year, Phan has been featured in a high profile and multi-platform
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`advertising campaign for YouTube, which features some of YouTube’s most
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`popular personalities. Phan has also been featured in national advertising for Dr.
`
`Pepper.
`15. Upon information and belief, Phan monetizes her YouTube videos by
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`collecting substantial income from YouTube derived from the advertisements that
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`appear in association with her videos.
`16. Phan’s videos are also available through her own website located at
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`michellephan.com, which website also prominently features advertising.
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`4
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`Mitchell
`Silberberg &
`Knupp LLP
`6251523.2
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`

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`Case 2:14-cv-05533-MMM-AGR Document 1 Filed 07/16/14 Page 5 of 20 Page ID #:5
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`17. Upon information and belief, Phan has also parlayed her Internet fame
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`into other business ventures, including authoring a book and designing a makeup
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`line.
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`18. Phan, without license, authorization or permission from Plaintiffs, has
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`embarked on a wholesale infringement of Plaintiffs’ musical compositions and
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`recordings. Phan has copied and synchronized the Musical Compositions and/or
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`Recordings, in whole or in part, together with certain visual footage to create
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`audiovisual works (the “Unauthorized Videos”) and has made the Unauthorized
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`Videos available to the public without license, authorization or permission by
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`publishing the Unauthorized Videos on the Internet.
`19. Schedule C, incorporated herein by reference, contains an non-
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`exclusive list of the Unauthorized Videos, together with the Musical Compositions
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`and/or Recordings embedded within such videos.
`20. Upon information and belief, the Unauthorized Videos have been
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`viewed more than 150 million times.
`21. While Schedule C includes nearly fifty examples of blatant copyright
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`infringement, Plaintiffs’ analysis is still preliminary, and the full extent of Phan’s
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`infringement has not yet been determined.
`22. Phan’s conduct is willful and deliberate. Phan knows and has been
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`informed that she does not possess a license from Plaintiffs to utilize the Musical
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`Compositions and/or Recordings in the Unauthorized Videos, and yet continues to
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`wilfully infringe in blatant disregard of Plaintiffs’ rights of ownership.
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`COUNT I
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`COPYRIGHT INFRINGEMENT
`
`[By Ultra Against Phan]
`23. Plaintiffs incorporate by reference each and every averment contained
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`in paragraphs 1 through 22, inclusive.
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`5
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
`
`Mitchell
`Silberberg &
`Knupp LLP
`6251523.2
`
`

`
`Case 2:14-cv-05533-MMM-AGR Document 1 Filed 07/16/14 Page 6 of 20 Page ID #:6
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`24. Phan has infringed Ultra’s copyrights in the Recordings, including by
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`reproducing, distributing, adapting and digitally publicly performing the
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`Recordings without authorization, in violation of the Copyright Act, 17 U.S.C. §§
`
`106 and 501.
`25. The unauthorized use of each Recording constitutes a separate and
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`distinct act of infringement of each such Recording.
`26. Phan’s acts of infringement are willful, in disregard of and with
`
`indifference to the rights of Ultra.
`27. As a direct and proximate result of the infringement by Phan, Ultra is
`
`entitled to damages and to Phan’s profits in amounts to be proven at trial, and
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`which are not currently ascertainable. Alternatively, Ultra is entitled to maximum
`
`statutory damages of $150,000 for each copyright infringed, or in such other
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`amount as may be proper under 17 U.S.C. § 504(c).
`28. Ultra is further entitled to its attorneys’ fees and full costs pursuant to
`
`17 U.S.C. § 505.
`29. As a result of Phan’s acts and conduct, Ultra has sustained and will
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`continue to sustain substantial, immediate and irreparable injury for which there is
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`no adequate remedy at law. Ultra is informed and believes, and on that basis avers,
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`that unless enjoined and restrained by this Court, Phan will continue to infringe
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`Ultra’s rights in the Recordings. Ultra is entitled to temporary, preliminary and
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`permanent injunctive relief to restrain and enjoin Phan’s continuing infringing
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`conduct.
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`COUNT II
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`COPYRIGHT INFRINGEMENT
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`[By UIMP Against Phan]
`30. Plaintiffs incorporate by reference each and every averment contained
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`in paragraphs 1 through 29, inclusive.
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`6
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
`
`Mitchell
`Silberberg &
`Knupp LLP
`6251523.2
`
`

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`Case 2:14-cv-05533-MMM-AGR Document 1 Filed 07/16/14 Page 7 of 20 Page ID #:7
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`31. Phan has infringed UIMP’s copyrights in the Musical Compositions,
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`including by reproducing, distributing, adapting and digitally publicly performing
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`the Recordings without authorization, in violation of the Copyright Act, 17 U.S.C.
`
`§§ 106 and 501.
`32. The unauthorized use of each Musical Composition constitutes a
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`separate and distinct act of infringement of each such Musical Composition.
`33. Phan’s acts of infringement are willful, in disregard of and with
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`indifference to the rights of UIMP.
`34. As a direct and proximate result of the infringement by Phan, UIMP is
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`entitled to damages and to Phan’s profits in amounts to be proven at trial, and
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`which are not currently ascertainable. Alternatively, UIMP is entitled to maximum
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`statutory damages of $150,000 for each copyright infringed, or in such other
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`amount as many be proper under 17 U.S.C. § 504(c).
`35. UIMP is further entitled to its attorneys’ fees and full costs pursuant to
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`17 U.S.C. § 505.
`36. As a result of Phan’s acts and conduct, UIMP has sustained and will
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`continue to sustain substantial, immediate and irreparable injury for which there is
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`no adequate remedy at law. UIMP is informed and believes, and on that basis
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`avers, that unless enjoined and restrained by this Court, Phan will continue to
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`infringe UIMP’s rights in the Musical Compositions. UIMP is entitled to
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`temporary, preliminary and permanent injunctive relief to restrain and enjoin
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`Phan’s continuing infringing conduct.
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`WHEREFORE, Plaintiffs pray for judgment against Phan as follows:
`1.
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`For a preliminary and permanent injunction enjoining and restraining
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`Phan and her agents, servants, employees, representatives, affiliated companies and
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`other business entities, successors, assigns, and those acting in concert with her or
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`at her direction, from directly or indirectly infringing in any manner any right in
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`any and all copyrighted works (or portions thereof), whether now in existence or
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`7
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`Mitchell
`Silberberg &
`Knupp LLP
`6251523.2
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`

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`Case 2:14-cv-05533-MMM-AGR Document 1 Filed 07/16/14 Page 8 of 20 Page ID #:8
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`later created, in which any Plaintiff (including its parents, subsidiaries, affiliates or
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`distributed labels) owns or controls an exclusive right under Section 106 of the
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`United States Copyright Act (17 U.S.C. § 106), including without limited by
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`directly or indirectly reproducing, downloading, distributing, communicating to the
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`public, uploading, linking to, transmitting, publicly performing, or otherwise
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`exploiting in any manner any of Plaintiffs’ copyrights, including but not limited to
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`the Recording and Musical Compositions identified in Schedules A and B to the
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`Complaint;
`2.
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`For Phan’s profits and for damages in such amount as may be
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`determined; alternatively, for maximum statutory damages in the amount of
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`$150,000 with respect to each copyrighted work infringed, or for such other
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`amount as may be proper pursuant to 17 U.S.C. § 504(c);
`3.
`4.
`5.
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`For Plaintiffs’ attorneys’ fees and full costs;
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`For prejudgment interest according to law; and
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`For such other and further relief as the Court may deem just and
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`Silberberg &
`Knupp LLP
`6251523.2
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`proper.
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`
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`DATED: July 16, 2014
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`
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`
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`MITCHELL SILBERBERG & KNUPP LLP
`
`
`By: /s/ Bradley L. Mullins
`Christine Lepera (pro hac vice application forthcoming)
`Bradley J. Mullins
`Attorneys for Plaintiffs
`Ultra International Music Publishing,
`LLC and Ultra Records, Inc.
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`
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`8
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`

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`Case 2:14-cv-05533-MMM-AGR Document 1 Filed 07/16/14 Page 9 of 20 Page ID #:9
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`DEMAND FOR JURY TRIAL
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`Plaintiffs demand a trial by jury as to all claims averred herein that are
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`MITCHELL SILBERBERG & KNUPP LLP
`
`
`By: /s/ Bradley L. Mullins
`Christine Lepera (pro hac vice application forthcoming)
`Bradley J. Mullins
`Attorneys for Plaintiffs
`Ultra International Music Publishing,
`LLC and Ultra Records, Inc.
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`triable to a jury.
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`
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`DATED: July 16, 2014
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`9
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`Mitchell
`Silberberg &
`Knupp LLP
`6251523.2
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`

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`Case 2:14-cv-05533-MMM-AGR Document 1 Filed 07/16/14 Page 10 of 20 Page ID #:10
`Case 2:l4—cv—O5533—MMM—AGR Document 1 Filed 07/16/14 Page 10 of 20 Page ID #210
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`SCHEDULE A
`SCHEDULE A
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`SCHEDULE A
`SCHEDULE A
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`

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`Case 2:14-cv-05533-MMM-AGR Document 1 Filed 07/16/14 Page 11 of 20 Page ID #:11
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`
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`Song Title
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`4AM
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`All That You Give
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`All You
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`SCHEDULE A
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`Compositions
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`Artist
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`Kaskade
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`Kaskade
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`Kaskade
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`Angels And Angles
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`Late Night Alumni
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`Back On You
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`Borrowed Theme
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`Days
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`Empty Streets
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`Epilogue
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`Everything
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`Eyes
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`Finally Found
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`Golden
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`How Long
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`Hope
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`Kaskade
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`Kaskade
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`Late Night Alumni
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`Kaskade
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`Late Night Alumni
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`Late Night Alumni
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`Kaskade
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`Late Night Alumni
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`Late Night Alumni
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`Kaskade feat. Late Night Alumni
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`Late Night Alumni
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`I Remember
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`deadmau5 & Kaskade
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`I’ll Never Dream
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`Illuminating
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`In This Life
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`It’s Only Life
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`It’s You It’s Me
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`Last Chance
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`Light Reading
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`Kaskade
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`Haley
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`Kaskade
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`Late Night Alumni
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`Kaskade
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`Kaskade & Project 46
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`Late Night Alumni
`
`6260545.1
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`

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`Case 2:14-cv-05533-MMM-AGR Document 1 Filed 07/16/14 Page 12 of 20 Page ID #:12
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`SCHEDULE A
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`Compositions
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`Song Title
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`Midnight Light
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`Moonwalking
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`Move For Me
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`My Awake
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`No Or Yes
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`Artist
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`Haley
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`Late Night Alumni
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`Kaskade & deadmau5
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`Late Night Alumni
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`Late Night Alumni
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`Of Birds, Bees, Butterflies, Etc.
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`Late Night Alumni
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`One Heart
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`Potions
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`Ring a Bell
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`Run A Mile
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`Sapphire
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`Shine
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`Start Again
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`Still Still Still
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`Sun Space
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`Kaskade
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`Late Night Alumni
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`Late Night Alumni
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`Late Night Alumni
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`Late Night Alumni
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`Late Night Alumni
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`Kaskade
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`Kaskade
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`Late Night Alumni
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`The World Spins ‘Round
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`Late Night Alumni
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`This Is Life
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`This is Why
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`Uncharted
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`Vixen
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`Late Night Alumni
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`Late Night Alumni
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`Late Night Alumni
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`Late Night Alumni
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`What’s In A Name
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`Late Night Alumni
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`You Can Be The One
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`Late Night Alumni
`
`
`6260545.1
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`
`
`2
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`

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`Case 2:14-cv-05533-MMM-AGR Document 1 Filed 07/16/14 Page 13 of 20 Page ID #:13
`Case 2:l4—cv—O5533—MMM—AGR Document 1 Filed 07/16/14 Page 13 of 20 Page ID #:13
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`SCHEDULE B
`SCHEDULE B
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`
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`
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`SCHEDULE B
`SCHEDULE B
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`
`
`

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`Case 2:14-cv-05533-MMM-AGR Document 1 Filed 07/16/14 Page 14 of 20 Page ID #:14
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`SCHEDULE B
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`Sound Recordings
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`Song Title
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`4AM
`
`All That You Give
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`All You
`
`Artist
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`Kaskade
`
`Kaskade
`
`Kaskade
`
`Angels and Angles
`
`Late Night Alumni
`
`Back On You
`
`Borrowed Theme
`
`Days
`
`Empty Streets
`
`Epilogue
`
`Everything
`
`Eyes
`
`Finally Found
`
`How Long
`
`I Remember
`
`I’ll Never Dream
`
`Illuminating
`
`In This Life
`
`It’s Only Life
`
`It’s You It’s Me
`
`Last Chance
`
`Midnight Light
`
`Moonwalking
`
`Kaskade
`
`Kaskade
`
`Late Night Alumni
`
`Kaskade
`
`Late Night Alumni
`
`Late Night Alumni
`
`Kaskade
`
`Late Night Alumni
`
`Kaskade feat. Late Night Alumni
`
`deadmau5 & Kaskade
`
`Kaskade
`
`Haley
`
`Kaskade
`
`Late Night Alumni
`
`Kaskade
`
`Kaskade & Project 46
`
`Haley
`
`Late Night Alumni
`
`6260547.1
`
`

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`Case 2:14-cv-05533-MMM-AGR Document 1 Filed 07/16/14 Page 15 of 20 Page ID #:15
`
`SCHEDULE B
`
`Sound Recordings
`
`
`Song Title
`
`Move For Me
`
`My Awake
`
`No or Yes
`
`One Heart
`
`Ring a Bell
`
`Sapphire
`
`Shine
`
`Start Again
`
`Sun Space
`
`Artist
`
`Kaskade & deadmau5
`
`Late Night Alumni
`
`Late Night Alumni
`
`Kaskade
`
`Late Night Alumni
`
`Late Night Alumni
`
`Late Night Alumni
`
`Kaskade
`
`Late Night Alumni
`
`The World Spins ‘Round
`
`Late Night Alumni
`
`This is Why
`
`Vixen
`
`Late Night Alumni
`
`Late Night Alumni
`
`
`
`2
`
`
`6260547.1
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`

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`Case 2:14-cv-05533-MMM-AGR Document 1 Filed 07/16/14 Page 16 of 20 Page ID #:16
`Case 2:l4—cv—O5533—MMM—AGR Document 1 Filed 07/16/14 Page 16 of 20 Page ID #:16
`
`SCHEDULE C
`SCHEDULE C
`
`
`
`
`
`SCHEDULE C
`SCHEDULE C
`
`
`
`

`
`Case 2:14-cv-05533-MMM-AGR Document 1 Filed 07/16/14 Page 17 of 20 Page ID #:17
`
`
`SCHEDULE C
`
`
`Unauthorized Video Title
`
`Songs Used
`
`$20 Makeup Challenge Tutorial
`
`Kaskade feat. Late Night Alumni, “How
`Long”
`
`3 Ways to Change Up Your Look
`
`Late Night Alumni, “My Awake”
`
`Angelina Jolie Makeup Tutorial
`
`Late Night Alumni, “Golden”
`
`Late Night Alumni, “Vixen”
`
`Avatar Inspired Look
`
`Late Night Alumni, “Run A Mile”
`
`Late Night Alumni, “Uncharted”
`
`Beautiful Basic Curls
`
`Kaskade, “It’s You It’s Me”
`
`Beauty Survival Guide: Emergency Kit
`
`Late Night Alumni, “Sapphire”
`
`Late Night Alumni, “Days”
`
`Cara Delevingne Makeup
`
`Late Night Alumni, “Ring A Bell”
`
`Catch My Heart
`
`Catch My Heart
`
`Kaskade, “Eyes”
`
`Kaskade, “Eyes”
`
`Clubbing Makeup Tutorial Ep. 1
`
`deadmau5 & Kaskade, “I Remember”
`
`Kaskade & deadmau5, “Move For Me”
`
`DIY Scarf Dresses and Giveaway!
`
`Late Night Alumni, “Days”
`
`Double Lines
`
`Late Night Alumni, “Of Birds, Bees,
`Butterflies, Etc.”
`
`Double Wing Eyeliner
`
`Kaskade, “I’ll Never Dream”
`
`Easy Autumn
`
`Late Night Alumni, “Light Reading”
`
`Easy Ways to Use Liquid Liner
`
`Late Night Alumni, “Sapphire”
`
`Late Night Alumni, “Days”
`
`Elegant Masquerade
`
`Late Night Alumni, “Potions”
`
`Late Night Alumni, “Golden”
`
`6260548.1
`
`

`
`Case 2:14-cv-05533-MMM-AGR Document 1 Filed 07/16/14 Page 18 of 20 Page ID #:18
`
`SCHEDULE C
`
`Unauthorized Video Title
`
`Songs Used
`
`Enchanting Christmas
`
`Late Night Alumni, “Epilogue”
`
`Late Night Alumni, “This Is Why”
`
`Enchanting Prom
`
`Late Night Alumni, “Golden”
`
`Forest Fairy
`
`Late Night Alumni, “Moonwalking”
`
`Late Night Alumni, “Golden”
`
`Fresh Spring Look
`
`Late Night Alumni, “Moonwalking”
`
`Late Night Alumni, “Finally Found”
`
`Futuristic Look
`
`Kaskade, “Empty Streets”
`
`Graduation ★ Tutorial
`
`Late Night Alumni, “Finally Found”
`
`Holiday Glam
`
`Kaskade, “Still Still Still”
`
`How To Master The High Heel
`
`Kaskade, “Back On You”
`
`How to Master the High Heel
`
`Kaskade, “Back On You”
`
`How to Recycle Your Wardrobe
`
`Late Night Alumni, “The World Spins
`‘Round”
`
`Impressionism Lace Nails
`
`Late Night Alumni, “What’s In A Name”
`
`Kissable ❤ Lips DIY
`
`Kaskade, “All You”
`
`Luscious Lips
`
`Kaskade, “Borrowed Theme”
`
`Mascara Business Card Trick
`
`Kaskade, “Back On You”
`
`Mascara Business Card Trick
`
`Kaskade, “Back On You”
`
`Metallic Knight
`
`Kaskade, “How Long”
`
`Haley, “Illuminating”
`
`Late Night Alumni, “You Can Be The One”
`
`Michelle's Favorites Vol. 2
`
`Late Night Alumni, “Ring A Bell”
`
`
`6260548.1
`
`2
`
`

`
`Case 2:14-cv-05533-MMM-AGR Document 1 Filed 07/16/14 Page 19 of 20 Page ID #:19
`
`SCHEDULE C
`
`Unauthorized Video Title
`
`Songs Used
`
`Midnight Kiss
`
`Late Night Alumni, “No or Yes”
`
`Late Night Alumni, “You Can Be The One”
`
`Haley, “Midnight Light”
`
`Midnight Luster
`
`Late Night Alumni, “Shine”
`
`Kaskade, “Eyes”
`
`New Year Give Away & Meet n Greet
`
`Kaskade, “One Heart”
`
`Kaskade, “Eyes”
`
`New Years Eve / Party Makeup Tutorial
`
`Kaskade, “4AM Remix”
`
`New Years Glam
`
`Kaskade, “4AM”
`
`New Years Magic
`
`Kaskade, “Start Again”
`
`Kaskade, “One Heart”
`
`
`
`Night Life Favorites
`
`Kaskade, “4AM”
`
`Out All Night
`
`Kaskade, “In This Life”
`
`Haley, “Illuminating”
`
`Painting A Beautiful Heart
`
`Kaskade, “One Heart”
`
`Payne's Grey Smokey Eyes
`
`Late Night Alumni, “Ring A Bell”
`
`Purple Hazy Look
`
`Kaskade, “Borrowed Theme”
`
`Queen of Darkness
`
`Late Night Alumni, “It’s Only Life”
`
`Romantic Curls Tutorial
`
`Kaskade, “4AM”
`
`Sexy Glasses
`
`Late Night Alumni, “Angels and Angles”
`
`Late Night Alumni, “No or Yes”
`
`Stretch Your Shoes With Ice
`
`Late Night Alumni, “Hope”
`
`Summer Meadow
`
`Kaskade, “All That You Give”
`
`
`6260548.1
`
`3
`
`

`
`Case 2:14-cv-05533-MMM-AGR Document 1 Filed 07/16/14 Page 20 of 20 Page ID #:20
`
`SCHEDULE C
`
`Unauthorized Video Title
`
`Songs Used
`
`The Golden Hour
`
`Kaskade & Project 46, “Last Chance”
`
`Late Night Alumni, “Golden”
`
`The Sweetest Thing
`
`Late Night Alumni, “Light Reading”
`
`Twilight Noir
`
`Late Night Alumni, “It’s Only Life”
`
`Late Night Alumni, “Sun Space”
`
`Underneath Your Love
`
`Late Night Alumni, “This Is Why”
`
`Waterproof Your Makeup
`
`Late Night Alumni, “Everything”
`
`What to Wear to a Holiday Party!
`
`Kaskade, “Still Still Still”
`
`
`
`4
`
`
`6260548.1