Case 2:22-cv-00813 Document 1 Filed 02/07/22 Page 1 of 14 Page ID #:1
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`
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`Richard S. Busch (SBN 319881)
`E-Mail: rbusch@kingballow.com
`KING & BALLOW
`1999 Avenue of the Stars, Suite 1100
`Los Angeles, CA 90067
`Telephone: (424) 253-1255
`Facsimile: (888) 688-0482
`Attorney for Plaintiff
`
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
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`RON WHITE, INC.,
` Case Number: 22-cv-00813
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`a corporation on behalf of Ron White
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`COMPLAINT FOR
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`Plaintiff,
`COPYRIGHT
`
`INFRINGEMENT
`vs.
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`
`
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`PANDORA MEDIA, LLC,
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`a limited liability company
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`DEMAND FOR JURY TRIAL
` Defendant.
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`
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`Plaintiff RON WHITE, Inc., on behalf of Ron White, (hereinafter “White,”
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`“Ron White” or “Mr. White”), by and through its attorneys of record, alleges as
`follows:
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`JURISDICTION
`1.
`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §
`1331 as the action arises under the original and exclusive jurisdiction of the federal
`court and 28 U.S.C. § 1338(a) as the controversy arises under the Copyright Act of
`1976 (17 U.S.C. § 101 et seq.).
`2.
`This Court has personal jurisdiction over Defendant as discussed fully
`below.
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`Case 2:22-cv-00813 Document 1 Filed 02/07/22 Page 2 of 14 Page ID #:2
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`3.
` This Court has general personal jurisdiction over Pandora Media,
`LLC (“Pandora”) because Pandora’s principal place of business is in Oakland,
`California, while also having a substantial office in Santa Monica, California,
`meaning that Pandora is at home in the State of California. Furthermore:
`a. Upon information and belief, through February 2, 2022, Pandora was
`qualified to do business in California and was registered as a foreign
`corporation with the California Secretary of State.
`b. Pandora is also registered as a foreign limited liability company with
`the California Secretary of State.
`c. Pandora’s designated DMCA Copyright Agent identified in its
`“Intellectual Property Policy” on its website is located in California at
`2100 Franklin Street, 7th Floor, Oakland, California 94612.
`d. Pandora has previously admitted in other federal court filings that
`California has jurisdiction over it. See , Wixen Music Publishing, Inc.
`v. Pandora Media, Inc., Case No. 2:19-cv-5278-SVW (C.D. Cal.), Dkt.
`15 (Pandora Media, Inc.’s Answer) at ¶¶ 16-17 (“Pandora admits that
`[it] has availed itself of California law . . . and venue is proper in the
`[Central District of California]”).
`4.
`This Court has specific personal jurisdiction over Pandora because its
`suit-related conduct creates a substantial connection with the State of California
`and this Judicial District. White is the copyright owner of properly registered
`literary works (the “Works” or “White’s Works”) (see Exhibit A). Upon
`information and belief, Pandora has generated substantial revenue from
`exploitation of the Works in California, as further discussed below:
`a. Pandora actively and purposely does business in California, as
`evidenced by its (i) subscribers and users in California, which Pandora
`actively reaches out to through, at a minimum, its website
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`Case 2:22-cv-00813 Document 1 Filed 02/07/22 Page 3 of 14 Page ID #:3
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`(www.pandora.com) and mobile app; (ii) contracts and other
`transactions that it has entered into in California; (iii) revenue
`generated from California residents and businesses in connection with
`its service; and (iv) advertisements that target California residents.
`b. Pandora has purposefully availed itself of California law and could
`and did reasonably anticipate being brought into this Court because,
`among other reasons, Pandora (i) has been engaged and is engaged in
`infringing conduct within the State of California and this District,
`including by knowingly, intentionally, and repeatedly streaming
`sound recordings and the Works over the Internet to California
`residents via its services; (ii) knew or should have known that the harm
`caused by its repeated unlicensed public performance of the Works
`over the Internet was aimed at comedy writers and comedy publishers,
`including Plaintiff, who control the Works and are managed and
`administered in or near Los Angeles County, California, a global hub
`of the entertainment industry; and (iii) knew or should have known
`that Plaintiff, an industry leading comedian, actor and comedy writer
`for nearly 40 years, would suffer, and in fact did suffer, the brunt of
`the harm caused by Pandora’s unauthorized acts in California and
`around the world.
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`VENUE
`5.
`Venue in this judicial district is proper pursuant to 28 U.S.C. § 1391(b),
`and § 1400(a), as a substantial part of the events or omissions giving rise to the
`claim occurred in this district, including for example, by the maintenance of
`Pandora’s corporate office in Santa Monica, California. Plaintiff has its principal
`place of business in this District and has been injured in this District as a result of
`Pandora’s infringing conduct.
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`Case 2:22-cv-00813 Document 1 Filed 02/07/22 Page 4 of 14 Page ID #:4
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`PARTIES
`6.
`Plaintiff, White, is the owner of intellectual property rights, on behalf
`of Ron White who is a comedian, actor, and author who resides in California. Ron
`White Inc., is a Georgia corporation with its principal place of business at 75
`Washington Street, Unite 1877, Fairburn, Georgia 30213.
`7.
`Defendant, Pandora, is a Delaware limited liability company with a
`principal place of business at 2100 Franklin Street, Suite 700, Oakland, California
`94612. According to its website, Pandora maintains another corporate office in
`California, located at 3000 Ocean Park Boulevard, Suite 3050, Santa Monica,
`California 90405.
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`PRELIMINARY STATEMENT
`8. Just as there is with music, there are two copyrights involved in the
`recorded performance of a literary copyrighted work: a copyright in the sound
`recording, and a separate copyright in the underlying spoken word composition
`(White’s compositions, as noted, are referred to herein as “the Works” or “White’s
`Works”). Pursuant to 17 U.S.C. §§ 106 and 204 of the Copyright Act of 1976,
`copyright owners have the exclusive right to, among other things, reproduce,
`distribute, license, and publicly perform their works. Anyone wishing to obtain the
`right to do so, must get a license from the respective copyright owner in both of
`these copyrights, and pay agreed to royalties. The failure to do so constitutes
`copyright infringement. As discussed below, Pandora not only did not obtain any
`copyright in White’s Works but admitted that it did not do so in Security and
`Exchange Commission (SEC) filings, and admitted that it would very likely face
`copyright infringement liability as a result. But Pandora did what most goliaths do:
`it decided it would infringe now to ensure it had this very valuable intellectual
`property on its platform to remain competitive, and deal with the consequences
`later. Later is now.
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`Case 2:22-cv-00813 Document 1 Filed 02/07/22 Page 5 of 14 Page ID #:5
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`STATEMENT OF FACTS
`9.
`The tradition of storytelling dates back to the very beginnings of
`human existence. Through storytelling history has been passed down from
`generation to generation, but it also transports the listener to a different place and
`time. For some it is a place of escape from their real life and the complexities that
`come with that. For others it is a way to appreciate and understand life through a
`different filter. However, no matter how busy people may be with their everyday
`lives, people are always ready to hear a good story, especially if it makes them
`laugh.
`10. To hear a good story one need look no further than to Ron “Tater Salad”
`White. Mr. White dips into his own personal life for inspiration when entertaining
`audiences, telling stories about growing up in a small town in Texas, to his
`everyday life, to becoming one of the most successful comedians in American
`history. Known for his cigar-smoking and scotch-drinking funnyman stage
`presence, no one can tell a funny story quite like Ron White.
`11. For the last thirty-six (36) years, Mr. White has been captivating
`audiences with his fantastic tales, landing four (4) of his comedy albums at #1 on
`the Billboard Comedy Charts, three Grammy nominations, and as one of the top
`three grossing stand-up comedians on tour in America.
`12. Mr. White is a veteran of the United States Navy, and served near the
`end of the Vietnam War, but his dream was to be a comedian. Since becoming a
`legend in his own right, Mr. White has been a passionate supporter of the U.S.
`military troops for more than twenty (20) years. In 2008, he started his Comedy
`Benefit, Ron White’s Comedy Salute to the Troops to raise money for the Armed
`Forces Foundation to assist injured troops and their families. This outlet has
`allowed him to collaborate with many entertainment giants such as Rascal Flatts,
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`Case 2:22-cv-00813 Document 1 Filed 02/07/22 Page 6 of 14 Page ID #:6
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`Gabriel Iglesias, Lewis Black, Dave Attell, Kathleen Madigan, Ralphie May and
`many more.
`13. However, Mr. White is more than just a comedian on a stage, he’s a
`unique personality that transcends all walks of life and all mediums of
`entertainment. His first one-hour television comedy special They Call Me Tater
`Salad had the highest viewership for a Sunday program in Comedy Central history.
`He continued to set the bar for comedy specials with his one-hour special You Can’t
`Fix Stupid on Comedy Central, reaching 4.5 million viewers making it the #1 show
`on primetime basic cable. The CD of that special stayed at #1 on the Billboard
`Comedy Charts for nine (9) consecutive weeks.
`14. After his success on the Blue Collar Comedy Tour alongside his
`friends Jeff Foxworthy, Bill Engvall, and Larry the Cable Guy, Mr. White upped
`his game once again becoming a New York Times Best Seller with his first book
`Ron “Tater Salad” White: I Had the Right to Remain Silent…But I Didn’t Have
`the Ability. But he didn’t stop there. Mr. White has made a name for himself as an
`actor and producer, starring in the comedy-drama series Roadies, and as a
`supporting actor in major theatrical films such as Horrible Bosses and Sex in the
`City 2, and as a co-Executive Producer of the documentary, Bridegroom, winning
`the Audience Award for Best Documentary at the NYC Tribeca Film Festival in
`2013.
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`15. To say Mr. White is a man of many talents would be putting it mildly,
`but one thing is certain, his ability to craft everyday life experiences into hilarious
`stories that mesmerize his audiences and make them feel good about their own lives
`is remarkable. Everyone deals with struggles and frustrations from the situations
`faced throughout their day, but being able to laugh about those frustrations is truly
`nature’s best medicine, and “Tater Salad” is just a little something for the road to
`keep you going.
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`Case 2:22-cv-00813 Document 1 Filed 02/07/22 Page 7 of 14 Page ID #:7
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`16. According to www.pandora.com, Pandora is the largest digital
`broadcast and streaming music provider in the U.S. “providing a highly-
`personalized listening experience to approximately 70 million listeners and users
`each month” through “its mobile app, the web, and integrations with more than
`2,000 connected products.”
`17. One would think that entertainment giants like Pandora would honor
`the legacy of such an amazing talent, but instead it has chosen to illegally profit
`from the creative mind and literary/comedic works of Mr. White.
`18.
`In fact, Defendant has made eighty-six (86) of his works (the
`“Works”) available for dissemination to the public via their digital broadcast radio
`service knowing full well that it did not possess a valid license to publicly perform
`the Works. (See Exhibit A). In addition to no license, it also made no royalty
`payments for the Works. The Works are contained on the albums, “Drunk in
`Public”, “Behavioral Problems”, “You Can’t Fix Stupid”, “A Little Unprofessional”
`and the “Blue Comedy Tour”. Plaintiff has duly complied with all required
`provisions of the copyright laws of the United States applicable to the Works,
`including but not limited to, registering copyrights in and to said Works with the
`United States Copyright Office (see Exhibit A for applicable copyright registration
`numbers) on or about April 16, 2004, August 1, 2006, July 7, 2009, July 21, 2006,
`and June 24, 2002 respectively.
`19. Further, it is required by law, and fully understood, that digital service
`providers, like Pandora, must also get a mechanical digital reproduction license
`from the owner of the underlying composition in order to make the underlying
`composition of a recording available for reproduction and distribution through
`interactive streaming. This is true even where the digital service provider has a
`license to interactively stream a sound recording. Pandora made all eighty-six (86)
`of these Works available via its Pandora Premium interactive streaming service,
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`Case 2:22-cv-00813 Document 1 Filed 02/07/22 Page 8 of 14 Page ID #:8
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`also knowing full well that it did not possess a valid license to not only publicly
`perform his works but also no license to distribute and reproduce the Works.
`Pandora made no royalty payments for the public performance of the Works and
`no royalty payments for the reproduction of the Works. The end result is Pandora
`took White’s Works, gained listeners, subscribers and market share with full
`knowledge it did not have licenses and made no royalty payments for the Works,
`to increase its stock price helping it to reorganize its company with Sirius XM
`(although the two companies remain to this day completely separate corporations)
`for billions all while depriving White of his royalties and the benefits of his ongoing
`legacy.
`20. As of February 2, 2022, www.pandora.com advertised that Ron White
`had 233,000 monthly listeners. If each listener listened to only one (1) available
`work per month, that’s 2,796,000 broadcasts or/interactive streams per year at a
`minimum. In fact, as of 2020, more than four hundred million streams
`(400,000,000) of the Works had streamed on Pandora alone. Unfortunately, White
`has not received a fraction of a penny for any of these broadcasts or streams of the
`Works from Pandora.
`21. For years therefore Pandora has illegally made reproductions and
`digital broadcasts on its servers and provided streaming access to its users without
`a proper public performance license and, when applicable, a reproduction right
`license. This infringement continues on a daily basis as the Works are broadcast on
`Pandora radio and/or remain available for interactive streaming on Pandora
`Premium.
`22. While it is commonplace in the music industry for companies like
`Pandora to enter into public performance licensing agreements with performance
`rights organizations like BMI and ASCAP for musical compositions, these entities
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`Case 2:22-cv-00813 Document 1 Filed 02/07/22 Page 9 of 14 Page ID #:9
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`do not license literary works. Therefore, it was the responsibility of Pandora to seek
`out the copyright owners and obtain valid licenses.
`23. Pandora only needed to contact one entity, White, to obtain the
`required licenses for the Works. Or Pandora could have chosen not to use White’s
`Works, particularly since it knew it did not have the required licenses. Instead, it
`chose to infringe.
`24. Mr. White, over the course of his career entered into numerous
`agreements for the creation/distribution of sound recordings.
`25. White however retained all of his exclusive rights in the Works.
`Digital Service Providers, like Pandora, had to come to White to secure the
`necessary licenses for exploitation of the Works, and they knew it. But they did not.
`26. Pandora’s failure to obtain the necessary licenses for the Works, or
`pay any royalties for the Works, but to nonetheless infringe by exploiting the Works,
`has been willful. In Pandora’s own SEC 10K public filing with the SEC from 2011
`to 2017, three quarters of a decade, Pandora admitted in its Risk Factors ever year
`that it performs spoken-word comedy content “absent a specific license from any
`[] performing rights organization” and it has never obtained a license for the
`underlying literary works for the sound recordings of spoken-word comedy content
`that it streams. Pandora further admitted that it “could be subject to significant
`liability for copyright infringement and may no longer be able to operate under
`[their] existing licensing regime.” This admission was only removed, not so
`coincidentally, after Pandora’s transaction with Sirius XM Radio.
`27. Pandora nonetheless did not even take the simplest of steps to ask
`White or his representatives for a license for the Works. To the contrary, beginning
`in or about August of 2020, Word Collections (“WC”), a Spoken Word/Literary
`Works Collection Agency contacted Pandora in an effort to negotiate a licensing
`agreement for various copyright owners. From that initial contact and on an
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`ongoing basis over the course of the following year, WC made numerous efforts
`on behalf of WC’s other spoken word/literary works clients, including on behalf of
`White beginning in April 2021, to engage Pandora in good faith negotiations, to no
`avail.
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`28. While Pandora’s counsel wrote on September 14, 2021 to advise that
`counsel would respond with Pandora’s position about unlicensed spoken word
`content appearing on Pandora’s platform, no substantive response from Pandora or
`its counsel has been sent or received.
`29. The reality is, Pandora had “the right to remain silent” (in other words,
`the right to not publicly perform or reproduce the Works without valid licenses)
`but it did not have the right to disregard its obligations in the pursuit of personal
`gain at Mr. White’s expense.
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`CAUSE OF ACTION
`(Copyright Infringement – 17 U.S.C. § 501)
`30. Plaintiff repeats and re-alleges the foregoing paragraphs as if fully set
`forth herein.
`31. Plaintiff is the legal and beneficial owner of the United States
`copyrights in the Works, duly registered with the United States Copyright Office,
`(See Exhibit A), as discussed above.
`32. Defendant has directly, vicariously, and/or contributorily infringed
`and/or induced infringement of Plaintiff’s copyright in violation of 17 U.S.C. § 501.
`33. Defendant has publicly performed, broadcasted, and provided its
`listeners/users of the Works, as discussed hereinabove.
`34. Defendant’s acts were performed without authorization, license, or
`consent. Defendant’s unauthorized and unlicensed reproduction, distribution,
`public performance and display of the Works infringes Plaintiff’s exclusive rights
`in violation of the Copyright Act, 17 U.S.C. § 106 et. seq.
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`35. Defendant’s infringement has been and continues to be, willful,
`intentional, purposeful, and with complete disregard to Plaintiff’s rights.
`36. As a direct and proximate result of Defendant’s infringement, Plaintiff
`has been irreparably harmed.
`37. Defendant has infringed Plaintiff’s copyright interest in the Works by
`making reproductions and digital broadcasts on its servers and provided streaming
`access to its users without a proper public performance and, when applicable,
`reproduction rights license.
`38. Plaintiff has received no royalties or payments for the Works
`embodied in the sound recording of the underlying literary compositions.
`39. Defendant has continued to market, exploit, reproduce, distribute, and
`publicly perform the Works through this day, which violates Plaintiff’s copyrights
`and are at issue in this lawsuit.
`40. Defendant had knowledge and has admitted that it did not and does
`not possess a valid public performance license for the Works at issue, and with that
`knowledge of infringement, continued to infringe upon Plaintiff’s copyrights.
`41. The infringement is continuing as the Works continue to be exploited,
`performed, broadcast, and streamed across Defendant’s applicable platforms,
`and/or their agents.
`42. As a direct and proximate result of Defendant’s infringement,
`pursuant to 17 U.S.C. § 504(a)(1) and (b), Plaintiff is entitled to actual damages in
`addition to Defendant’s profits both domestically and relating to foreign sales of
`other exploitation of the Works that were distributed, performed, broadcast, or
`otherwise infringed domestically. Further, Plaintiff is entitled to a running royalty
`on all future exploitations of the Works following judgement in an amount to be
`determined.
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`43.
`In the alternative to profits and actual damages, pursuant to 17 U.S.C.
`§ 504(c), Plaintiff is entitled to the maximum amount of statutory damages,
`$150,000 per copyrighted work for each act of copyright infringement, for a total
`of $12,900,000 ($150,000 times 86 registered Works).
`44. As a direct and proximate result of Defendant’s infringement, Plaintiff
`has incurred attorneys’ fees and costs which are recoverable pursuant to 17 U.S.C.
`§ 505.
`45. Defendant’s conduct has caused, is continuing to cause, and will
`further cause great damage to Plaintiff, which damages cannot be accurately
`measured in monetary terms, and therefore, unless enjoined by the Court, Plaintiff
`will suffer irreparable injury, for which Plaintiff is without adequate remedy at all.
`Accordingly, Plaintiff is entitled to a permanent injunction pursuant to 17 U.S.C. §
`502
`following
`judgment, prohibiting
`further
`infringement,
`reproduction,
`distribution, sale public performance, other use, or exploitation of Plaintiff’s
`copyright without a proper license.
`PRAYER FOR RELIEF
`WHEREFORE, Plaintiff prays for judgment and relief, as follows:
`46. For Judgment in favor of Plaintiff and against Defendant.
`47. For a declaration and finding that Defendant has willfully infringed
`Plaintiff’s copyrighted work in violation of the Copyright Act;
`48. For declaration and finding that Defendant is directly, vicariously,
`and/or contributorily liable for copyright infringement pursuant to 17 U.S.C. §
`504(a)(1) and (b), including a finding that Defendant is liable for actual damages,
`as well as for Defendant’s profits;
`49. For an accounting of all profits, income, receipts, or other benefits
`derived by Defendant from the production, copying, display, promotion,
`distribution, broadcast, public performance, or sale of products and services or
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`Case 2:22-cv-00813 Document 1 Filed 02/07/22 Page 13 of 14 Page ID #:13
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`other media, either now known or hereafter devised, that improperly or unlawfully
`infringe Plaintiff’s copyright pursuant to 17 U.S.C. § 504(a)(1) and (b);
`50. For statutory damages, upon election prior to final judgment in the
`alternative to actual damages and profits, for willful copyright infringement
`pursuant to 17 U.S.C. § 504(c);
`51. For costs of suit herein, including an award of attorneys’ fees pursuant
`to 17 U.S.C. § 505;
`52. For pre-judgment and post-judgment interest;
`53. For a running royalty and/or ownership share in the Infringing Work
`following judgment in an amount to be proven at trial, or in the alternative, for the
`entry of an injunction requiring Defendants, their officers, agents, servants,
`employees, representatives, successors, licensees, partners, attorneys, and assigns,
`and all persons acting in concert or participation with each or any one of them to
`be permanently enjoined from directly or indirectly infringing, reproducing,
`displaying, promoting, advertising, distributing, or selling any work that infringes,
`contributorily infringes, or vicariously infringes Plaintiff’s rights in the work
`protected by the Copyright Act;
`54. For such other and further relief as the Court may deem just and proper.
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`DEMAND FOR JURY TRIAL
`Pursuant to Federal Rule of Civil Procedure 38(b), and otherwise, Plaintiff
`respectfully demands a jury trial on all issues raised in this complaint.
`
`PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 38(b), AND
`OTHERWISE, PLAINTIFF DEMANDS A JURY TRIAL ON ALL ISSUES
`RAISED IN THIS COMPLAINT.
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`Case 2:22-cv-00813 Document 1 Filed 02/07/22 Page 14 of 14 Page ID #:14
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`Dated: February 7, 2022
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`Respectfully submitted,
`By: /s/ Richard S. Busch
`Richard S. Busch
`Attorney for Plaintiff
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