Case 2:20-cv-10745 Document 1 Filed 11/24/20 Page 1 of 10 Page ID #:1
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`COREY D. BODDIE, SBN 289185
`ATTORNEY AT LAW
`BODDIE & ASSOCIATES, P.C.
`10940 WILSHIRE BLVD, SUITE 1600
`LOS ANGELES, CA 90024
`TEL.: (310) 873-3722
`FAX.: (323) 999-5143
`COREY@BODDIEASSOC.COM
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`ATTORNEY FOR THE PLAINTIFF
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`UNITED STATES DISTRICT COURT
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`FOR THE CENTRAL DISTRICT OF CALIFORNIA
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`COMPLAINT FOR DAMAGES
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` Case No.: 2:20-CV-10745
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`1. COPYRIGHT INFRINGEMENT (17
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`U.S.C. Section 106, 501 and 504);
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`2. DECLARATION OF COPYRIGHT
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`NON-OWNERSHIP
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`JURY TRIAL DEMANDED
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`ELTON NEWMAN, an individual, TYRONE
`COSEY, an individual and D’ARTANIAN
`STOVALL an individual.
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`Plaintiffs,
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`vs.
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`DISTROKID LLC, SPOTIFY USA INC.,
`APPLE INC., AMAZON.COM INC., ASPIRO
`AB D/B/A TIDAL, PANDORA MEDIA, LLC,
`GOOGLE LLC, SOUNDHOUND, INC. AND
`DOES 1-25 INCLUSIVE.
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`Defendants
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`Plaintiffs, ELTON NEWMAN, TYRONE COSEY and D’ARTANIAN STOVALL
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`INTRODUCTION
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`hereby allege the following:
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`Case 2:20-cv-10745 Document 1 Filed 11/24/20 Page 2 of 10 Page ID #:2
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`JURISDICTION AND VENUE
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`1.
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`This action arises under the Copyright Act of the United States, 17 U.S.C. § 101, et seq.
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`Pursuant to 28 U.S.C. § 1338 this court has jurisdiction.
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`2.
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`Personal jurisdiction of this Court over all Defendants is proper as Defendants regularly
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`conduct business within this judicial district. In addition, one or more acts of the injuries
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`sustained took place in this district.
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`3.
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`Venue of this action is proper in this judicial district pursuant to 28 U.S.C. §1391(c)
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`because one or more of the claims arose in this district. All Defendants regularly conduct
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`business within this district. Furthermore, a substantial part of the events giving rise to Plaintiffs’
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`claims arose in this district.
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`PARTIES
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`4.
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`At all times hereinafter mentioned, Plaintiff, ELTON NEWMAN (hereinafter
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`“NEWMAN” or “PLAINTIFF NEWMAN”), is a resident of the State of Louisiana and engaged
`in conducting business in California and in this judicial district.
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`5.
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`At all times hereinafter mentioned, Plaintiff, TYRONE COSEY (hereinafter “COSEY” or
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`“PLAINTIFF COSEY”), is a resident of the State of Louisiana and engaged in conducting
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`business in California and in this judicial district.
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`6.
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`At all times hereinafter mentioned, Plaintiff, D’ARTANIAN STOVALL (hereinafter
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`“STOVALL” or “PLAINTIFF STOVALL”), is a resident of the State of Louisiana and engaged
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`in conducting business in California and in this judicial district.
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`7.
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`Defendant, DISTROKID LLC (hereinafter “DISTROKID” or “DEFENDANT
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`DISTROKID”) is a limited liability company, incorporated in the state of Delaware. On
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`information and belief, DISTROKID is either doing business in or is engaged in conducting
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`COMPLAINT FOR DAMAGES
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`Case 2:20-cv-10745 Document 1 Filed 11/24/20 Page 3 of 10 Page ID #:3
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`business in this judicial district, venue is proper in this Court.
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`8.
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`Defendant, SPOTIFY USA INC. (hereinafter “SPOTIFY” or “DEFENDANT
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`SPOTIFY”) is a corporation, incorporated in the state of Delaware. On information and belief,
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`SPOTIFY is either doing business in or is engaged in conducting business in this judicial district,
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`venue is proper in this Court.
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`9.
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` Defendant, APPLE INC. (hereinafter “APPLE” or “DEFENDANT APPLE”) is a
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`corporation, incorporated in the state of California. On information and belief, APPLE is either
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`doing business in or is engaged in conducting business in this judicial district, venue is proper in
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`this Court.
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`10.
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`Defendant, AMAZON INC. (hereinafter “AMAZON” or “DEFENDANT AMAZON”) is
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`a corporation, incorporated in the state of Delaware. On information and belief, AMAZON is
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`either doing business in or is engaged in conducting business in this judicial district, venue is
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`proper in this Court.
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`11.
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`Defendant, ASPIRO AB D/B/A TIDAL (hereinafter “TIDAL” or “DEFENDANT
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`TIDAL”) is a corporation, incorporated in the state of Delaware. On information and belief,
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`TIDAL is either doing business in or is engaged in conducting business in this judicial district,
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`venue is proper in this Court.
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`12.
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` Defendant, PANDORA MEDIA, LLC (hereinafter “PANDORA” or “DEFENDANT
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`PANDORA”) is a limited liability company, incorporated in the state of Delaware. On
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`information and belief, PANDORA is either doing business in or is engaged in conducting
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`business in this judicial district, venue is proper in this Court.
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`13.
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`Defendant, GOOGLE LLC (hereinafter “GOOGLE” or “DEFENDANT GOOGLE”) is a
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`limited liability company, incorporated in the state of Delaware. On information and belief,
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`COMPLAINT FOR DAMAGES
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`Case 2:20-cv-10745 Document 1 Filed 11/24/20 Page 4 of 10 Page ID #:4
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`GOOGLE is either doing business in or is engaged in conducting business in this judicial district,
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`venue is proper in this Court.
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`14.
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`Defendant, SOUNDHOUND INC. (hereinafter “SOUNDHOUND” or “DEFENDANT
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`SOUNDHOUND”) is a corporation, incorporated in the state of Delaware. On information and
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`belief, SOUNDHOUND is either doing business in or is engaged in conducting business in this
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`judicial district, venue is proper in this Court.
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`15.
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` Plaintiffs are informed and believe and, based upon such information and belief, allege
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`that DOES 1 through 10 are, and at all times herein mentioned were, corporations, partnerships,
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`or other business entities, which were and are legally responsible and liable for the acts,
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`omissions, and events referred to in this Complaint.
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`16.
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`Plaintiffs are informed and believe and, based upon such information and belief, allege
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`that DOES 10 through 20 are, and at all times herein mentioned were, individuals, who were and
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`are legally responsible and liable for the acts, omissions, and events referred to in this Complaint.
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`17.
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`Plaintiffs are ignorant of the true names and capacities of Defendants sued herein as
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`DOES 1 through 25, inclusive, and therefore sues said Defendants under such fictitious names.
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`Plaintiff will seek leave to amend this Complaint to allege their true names and capacities when
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`the same have been ascertained.
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`18.
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`Plaintiffs are informed and believe, based on such information and belief,
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`allege that Defendants, and each of them, are, and at all times herein mentioned were,
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`the alter-egos, agents, employees, partners, joint-venturers, co-conspirators, owners,
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`principals, and employers of the remaining Defendants, and each of them, and are, and at
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`all times herein mentioned were, acting within the course and scope of that agency,
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`employment, partnership, conspiracy, ownership, or joint-venture. Plaintiffs are further
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`COMPLAINT FOR DAMAGES
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`Case 2:20-cv-10745 Document 1 Filed 11/24/20 Page 5 of 10 Page ID #:5
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`informed and believe and, based upon such information and belief, alleges that the acts
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`and conduct herein alleged of each such Defendants were known to, authorized by, and/or
`ratified by the other Defendants, and each of them.
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`STATEMENT OF FACTS
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`19.
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`Plaintiffs NEWMAN, COSEY and STOVALL are the authors of music and lyrics to the
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`original musical composition entitled “Get The Gat”, (hereinafter the “Composition” or
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`"Infringed Composition"). Plaintiffs owns the rights and title to the copyright in the Infringed
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`Compositions as authors and composers and has been registered with the United States
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`Copyright Office as Copyright Registration Number SR 865-463. (See Exhibit A).
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`20.
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` In 1992, the Plaintiffs created and released the musical composition “Get The Gat”.
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`Plaintiffs are the legal copyright owners of all portions of the Composition.
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`21.
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`In or about 2016, a person or entity only known as “Legendary DJs” illegally released
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`and distributed the Composition on an album entitled “Old School New Orleans Bounce Vol. 2”
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`without the Plaintiffs’ knowledge.
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`22.
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`It is Plaintiffs’ belief that Legendary DJs gave the Composition to DistroKid to distribute
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`to various music platforms including but not limited to all Defendants herein.
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`23.
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`In January 2020, Plaintiffs discovered the infringement by the Defendants and notified all
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`Defendants to take down the infringed composition from their platform.
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`24.
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`After continuous infringement since 2016, all Defendants took down the composition
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`starting in January of 2020, but did not send monies made from its illegal use to the Plaintiffs.
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`25.
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`In October 2020, through counsel, Plaintiffs notified all Defendants and demanded an
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`accounting of all “all monies distributed relating to the song and pay all deprived monies due
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`…based on the unauthorized and illegal use…” of the composition. (See Exhibit B).
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`COMPLAINT FOR DAMAGES
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`Case 2:20-cv-10745 Document 1 Filed 11/24/20 Page 6 of 10 Page ID #:6
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`26.
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`To date, Plaintiffs have not received an accounting or monies illegally obtained by all
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`Defendants.
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`FIRST CAUSE OF ACTION
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`COPYRIGHT INFRINGEMENT
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`(By Plaintiffs against all Defendants)
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`27.
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`Plaintiffs repeat, reallege and incorporate herein this reference paragraphs 1 through 26
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`and above, inclusive, as though, fully set forth herein.
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`28.
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`The Composition written by Plaintiffs is an original work of authorship and registered
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`with the United States Copyright Office. The infringed composition complies with all
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`statutory and other applicable formalities. Attached hereto are true and correct copies of the
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`U.S. Copyright Registrations as Exhibit A.
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`29.
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`Defendants, without the permission or consent of Plaintiffs, and without authority
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`infringed upon Plaintiffs’ copyright and exclusive rights in the Composition in violation of
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`Sections 106 and 501 of the Copyright Act, 17 U.S.C. §106 and §501.
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`30.
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`Defendants’ acts of infringement have been willful, intentional, and purposeful, in
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`disregard of and indifferent to the rights of Plaintiffs.
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`31.
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`Defendants’ conduct is causing, and unless immediately enjoined, will continue to cause
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`enormous and irreparable harm to Plaintiffs. Defendants’ conduct must be stopped and Plaintiffs
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`must be compensated for Defendants’ willful acts of infringement.
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`32.
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`Defendants do not have any authorization, permission or consent to use the infringed
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`composition.
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`33.
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`As a direct and proximate result of Defendants’ infringement of Plaintiffs’ copyright and
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`exclusive rights under copyright, Plaintiffs are entitled to the maximum statutory damages
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`pursuant to 17 U.S.C. § 504(c). Alternatively, at Plaintiffs’ election, pursuant to 17 U.S.C. §
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`COMPLAINT FOR DAMAGES
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`Case 2:20-cv-10745 Document 1 Filed 11/24/20 Page 7 of 10 Page ID #:7
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`504(b), Plaintiff shall be entitled to their actual damages plus Defendants’ profits from
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`infringement.
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`34.
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`Plaintiff further is entitled to their attorneys’ fees and full costs pursuant to 17 U.S.C. §
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`505 and otherwise according to law.
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`SECOND CAUSE OF ACTION
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`DECLARATION OF COPYRIGHT NON-OWNERSHIP
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`Plaintiff repeats, reallege and incorporate herein this reference paragraphs 1 through 34
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`35.
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`and above, inclusive, as though, fully set forth herein.
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`36.
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`Defendant only known as “Legendary DJs” claim that they own the copyright, through
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`their actions of giving the Composition to DistroKid to distribute. Plaintiff vehemently denies
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`that Legendary DJs wrote, co-wrote, authored, co-authored or owns Composition in any
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`capacity.
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`37. An actual and substantial controversy therefore exists between Plaintiff and
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`Defendant Legendary DJs over the Composition that was written, co-written and owned by
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`Plaintiff, arising under federal Copyright law, 17 U.S.C. Sections 101 et seq.
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`38.
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`Plaintiff desires a judicial determination: that no Defendant owns any portion of the
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`copyright rights in or to any of the Composition that were written, co-written and owned by
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`Plaintiff.
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`WHEREFORE, PLAINTIFF PRAYS JUDGMENT AS FOLLOWS:
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`ON THE FIRST CAUSE OF ACTION
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`1. Damages and profits in such amount according to proof.
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`2. For accounting from Defendants attributable to their infringements of Plaintiff’s
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`copyright in the Composition.
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`COMPLAINT FOR DAMAGES
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`Case 2:20-cv-10745 Document 1 Filed 11/24/20 Page 8 of 10 Page ID #:8
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`3. Prejudgment interest in an amount according to proof;
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`4. For a preliminary and permanent injunction prohibiting Defendant
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`in continuing to infringe Plaintiffs' copyright in the infringed composition;
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`5. For Plaintiff’s attorneys' fees, costs, and disbursements in this action; and,
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`6. Such other relief as the court may deem proper.
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`ON THE SECOND CAUSE OF ACTION
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`1. For entry of a judgment declaring the following:
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` (a) that none of the Defendants is a writer, co-writer, author, co-author, joint owner
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`or owner of any of the Composition that were written, co-written and owned by Plaintiff;
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` (b) that none of the Defendants have any legal or equitable interest or ownership
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`whatsoever in any of the Composition that were written, co-written and owned by Plaintiff, or
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`the copyright therein; and
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` (c) that Defendants are not entitled to any credit in connection with any of the
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`Composition that were written, co-written and owned by Plaintiffs.
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`2. For reasonable attorneys’ fees in an amount to be proved at trial, in accordance with
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`17 U.S.C. Section 505;
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`Date: November 22, 2020
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`BODDIE & ASSOCIATES, P.C.
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`_/s/ Corey D. Boddie____________
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`COREY D. BODDIE
`Attorney for Plaintiffs
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`COMPLAINT FOR DAMAGES
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`Dated: November 22, 2020
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`Case 2:20-cv-10745 Document 1 Filed 11/24/20 Page 9 of 10 Page ID #:9
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`DEMAND FOR JURY TRIAL
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`Plaintiff hereby demands a jury trial for all causes of action mentioned herein.
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`Corey D. Boddie
`BODDIE & ASSOCIATES P.C.
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`By:
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`___/s/Corey D. Boddie____________________
`COREY D. BODDIE, Attorney for
`Plaintiffs
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`9
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`COMPLAINT FOR DAMAGES
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`Case 2:20-cv-10745 Document 1 Filed 11/24/20 Page 10 of 10 Page ID #:10
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`Case 2:20-cv-10745 Document 1 Filed 11/24/20 Page 10 of 10 Page ID #:10
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`VERIFICATION
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`The undersigned for themselves declare:
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`We are the Plaintiffs in the above-entitled action. We have read the foregoing complaint
`and know the contents thereof. With respect to the causes of action alleged, the same is true by
`our own knowledge, except as to those matters which are therein stated on information and
`belief, and, as to those matters, we believe them to be true.
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`We declare under penalty of perjury under the laws of the United States of America, that
`the foregoing is true and correct.
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`41%sz
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`:fi1 M
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`ELTON NEWMAN
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`Date:
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`[Z ~a§~a~gag
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`/[Efifi£=< ééfigz é
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`TY ONE COSEY
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`Dwell 22
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`’A ANIAN STOVALL
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