Case 1:19-cv-02426-DLC Document 1 Filed 03/19/19 Page 1 of 21
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`DOWNTOWN MUSIC PUBLISHING LLC,
`OLE MEDIA MANAGEMENT, L.P., BIG
`DEAL MUSIC, LLC, CYPMP, LLC, PEER
`INTERNATIONAL CORPORATION, PSO
`LIMITED, PEERMUSIC LTD., PEERMUSIC
`III, LTD., PEERTUNES, LTD., SONGS OF
`PEER LTD., RESERVOIR MEDIA
`MANAGEMENT, INC., THE RICHMOND
`ORGANIZATION, INC., ROUND HILL
`MUSIC LLC, THE ROYALTY NETWORK,
`INC. and ULTRA INTERNATIONAL MUSIC
`PUBLISHING, LLC,
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`No. 19 CV ______________
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`COMPLAINT
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`Jury Trial Demanded
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`Plaintiffs,
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`v.
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`PELOTON INTERACTIVE, INC.,
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`Defendant.
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`Plaintiffs Downtown Music Publishing LLC (“Downtown”), ole Media
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`Management, L.P. (“ole”), Big Deal Music, LLC (“Big Deal”), CYPMP, LLC, doing business as
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`Pulse Music Group (“Pulse”), Peer International Corporation, PSO Limited, Peermusic Ltd.,
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`Peermusic III, Ltd., Peertunes, Ltd., Songs of Peer, Ltd. (collectively, “Peer”), Reservoir Media
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`Management, Inc. (“Reservoir”), The Richmond Organization, Inc. (“TRO”), Round Hill Music
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`LLC (“Round Hill”), The Royalty Network, Inc. (“Royalty”) and Ultra International Music
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`Publishing, LLC (“Ultra”), by their attorneys Paul, Weiss, Rifkind, Wharton & Garrison LLP, for
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`their complaint against Peloton Interactive, Inc. (“Peloton”), upon knowledge as to themselves and
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`their own acts, and upon information and belief as to all other matters, allege as follows.
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`

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`Nature of the Action
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`1.
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`This is an action to recover more than $150,000,000 in damages from
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`Peloton. Here’s why: it is a central tenet of copyright law that statutory damages should be
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`imposed on a willful infringer who either has actual knowledge of infringement or who acted in
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`reckless disregard of its obligations under the copyright law. Peloton is a textbook willful
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`infringer. It has used more than 1,000 musical works owned or administered by Plaintiffs over a
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`period of years in the videos that it makes available to its hundreds of thousands of customers
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`without a synchronization (or “sync”) license for a single one of those songs. And there is no
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`doubt that Peloton’s infringement was and continues to be knowing and reckless. Peloton fully
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`understood what the copyright law required, having entered into sync licenses with certain other
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`copyright holders, while trampling the rights of Plaintiffs by using their musical works for free
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`and without permission. Those copyright violations continue, as Peloton creates new workout
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`videos containing works owned or administered by Plaintiffs.
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`2.
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`Peloton is one of the world’s most successful fitness and technology
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`companies. Founded in 2012, it is a hardware company and subscription service that allows
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`consumers to replicate the experience of a high-end exercise studio at home. Peloton sells high-
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`tech stationary bikes and treadmills that enable users to participate in instructor-led video
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`workouts, while competing against other class participants and viewing performance metrics. It
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`sells subscriptions to its video content library both to consumers who have purchased a Peloton
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`bike or treadmill and those that have not.
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`3.
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`Peloton’s fitness videos contain music from start to finish. Music not only
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`can provide a tempo for a treadmill run or stationary bike ride; it is essential to creating the
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`instructor’s desired atmosphere. Peloton publishes the music playlists for some of its archived
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`videos and offers consumers the ability to select workout classes based on the type of music they
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`want to hear, allowing them to choose a class focusing on, for example, classic rock, contemporary
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`pop, electronic, hip hop or country, among other genres.
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`4.
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` By Peloton’s own admission, music is at the center of the ballyhooed
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`Peloton experience. As Peloton said in a June 27, 2018 press release, “[o]ur members have
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`embraced music as central to the Peloton experience and consistently rank it as one of the top
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`aspects of the brand.” Peloton nonetheless deliberately decided to use Plaintiffs’ musical works
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`without any regard for the rights of thousands of songwriters and creators whose music helped fuel
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`the explosive growth of Peloton from a startup to a company reported to be valued in excess of $4
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`billion.
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`5.
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`At all relevant times, Peloton was fully aware that in order to lawfully
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`embody copyrighted musical works in connection with visual images, copyright law required
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`Peloton to obtain authorization from owners of the copyrighted works in the form of what is
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`commonly referred to as a “synchronization” or “sync” license. A synchronization license allows
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`the licensee lawfully to reproduce a protected work “in connection with” or “in timed relation
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`with” a visual image, such as videos that Peloton records, archives and makes available to its
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`customers. On information and belief, Peloton entered into sync licenses with owners of certain
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`other musical works while inexplicably and unlawfully using the musical works of Plaintiffs over
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`a period of years without license or recompense.
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`6.
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`Plaintiffs therefore bring this action to enjoin Peloton’s ongoing
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`infringement of copyrighted musical works owned or administered by Plaintiffs, and to recover
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`the maximum statutory damages resulting from Peloton’s callous and flagrant prior and ongoing
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`infringement.
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`The Parties
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`7.
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`Plaintiffs are music publishers that own or control the copyrights in
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`numerous musical works that were synchronized by Peloton without Plaintiffs’ authorization.
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`Plaintiffs earn their livelihood, in part, by licensing their exclusive rights to sync their musical
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`works.
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`8.
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`Plaintiff Downtown is a limited liability company organized and existing
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`under the laws of Delaware, with its principal place of business in New York, New York, and is
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`actively engaged in the business of music publishing whereby it licenses the use, reproduction,
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`synchronization and distribution of musical works for which it either owns or controls the
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`copyrights, including, for example, “Happy Xmas (War Is Over),” “Carnival” and “Amber.”
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`9.
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`Plaintiff ole is a limited partnership organized and existing under the laws
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`of Ontario, Canada, with its principal place of business in Toronto, Ontario, and is actively engaged
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`in the business of music publishing whereby it licenses the use, reproduction, synchronization and
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`distribution of musical works for which it either co-owns or controls the copyrights, including, for
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`example, “SexyBack,” “If It Makes You Happy” and “Tom Sawyer.”
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`10.
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`Plaintiff Big Deal is a limited liability company organized and existing
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`under the laws of Delaware, with its principal place of business in Encino, California, and is
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`actively engaged in the business of music publishing whereby it licenses the use, reproduction,
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`synchronization and distribution of musical works for which it either owns or controls the
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`copyrights, including, for example, “Hey Mami,” “Los Ageless” and “Stitches.”
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`11.
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`Plaintiff Peer consists of a group of related entities that are actively engaged
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`in the business of music publishing whereby they license the use, reproduction, synchronization
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`and distribution of musical works for which they either own or control the copyrights, including,
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`for example, “Walk Like an Egyptian,” “Old Time Rock & Roll” and “It’s Too Funky in Here.”
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`Plaintiff Peer International Corporation is a corporation organized and existing under the laws of
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`New Jersey, with its principal place of business in New York, New York; Plaintiffs PSO Limited
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`and Peermusic Ltd. are corporations organized and existing under the laws of New York, with
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`their principal places of business in New York, New York; and Plaintiffs Peermusic III, Ltd.,
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`Peertunes, Ltd. and Songs of Peer, Ltd. are corporations organized and existing under the laws of
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`Delaware, with their principal places of business in New York, New York.
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`12.
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`Plaintiff Pulse is a limited liability corporation organized and existing under
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`the laws of Delaware, with its principal place of business in Los Angeles, California, and is actively
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`engaged in the business of music publishing whereby it licenses the use, reproduction,
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`synchronization and distribution of musical works for which it either co-owns or controls the
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`copyrights, including, for example, “American Money,” “Everybody Talks” and “Roar.”
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`13.
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`Plaintiff Reservoir is a corporation organized and existing under the laws of
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`Delaware, with its principal place of business in New York, New York, and is actively engaged in
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`the business of music publishing whereby it licenses the use, reproduction, synchronization and
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`distribution of musical works for which it either owns or controls the copyrights, including, for
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`example, “Bring Me to Life,” “Fighter” and “Save a Horse (Ride a Cowboy).”
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`14.
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`Plaintiff TRO is a corporation organized and existing under the laws of New
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`York, with its principal place of business in New York, New York, and is actively engaged in the
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`business of music publishing whereby it licenses the use, reproduction, synchronization and
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`distribution of musical works for which it either owns or controls the copyrights, including, for
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`example, “Fly Me to the Moon (In Other Words),” “Iron Man” and “My Generation.”
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`15.
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`Plaintiff Round Hill is a corporation organized and existing under the laws
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`of Delaware, with its principal place of business in New York, New York, and is actively engaged
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`in the business of music publishing whereby it licenses the use, reproduction, synchronization and
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`distribution of musical works for which it either owns or controls the copyrights, including, for
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`example, “Hit Me With Your Best Shot,” “Paradise by the Dashboard Light” and “Total Eclipse
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`of the Heart.”
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`16.
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`Plaintiff Royalty is a corporation organized and existing under the laws of
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`New York, with its principal place of business in New York, New York, and is actively engaged
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`in the business of music publishing whereby it licenses the use, reproduction, synchronization and
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`distribution of musical works for which it either co-owns or controls the copyrights, including, for
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`example, “Mrs. Officer” and “Na Na.”
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`17.
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`Plaintiff Ultra is a corporation organized and existing under the laws of New
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`York, with its principal place of business in New York, New York, and is actively engaged in the
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`business of music publishing whereby it licenses the use, reproduction, synchronization and
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`distribution of musical works for which it either owns or controls the copyrights, including, for
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`example, “Mr. Saxobeat” and “31 Days.”
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`18.
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`Defendant Peloton is a corporation organized and existing under the laws
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`of Delaware, with its principal place of business in New York, New York. Peloton sells stationary
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`fitness bikes and treadmills and streams to its subscriber members workout videos that feature
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`musical works for which it neither owns nor controls the copyrights, and for which it has not
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`obtained the necessary license from the copyright owner.
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`Jurisdiction and Venue
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`19.
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`This Court has subject matter jurisdiction over this action, which arises
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`under the Copyright Act, 17 U.S.C. §§ 101 et seq., pursuant to 28 U.S.C. §§ 1331 and 1338(a).
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`20.
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`This Court has personal jurisdiction over Peloton because its principal place
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`of business is located within this District, and because Peloton has conducted systematic and
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`continuous business in this District.
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`21.
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`Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b), 1391(c)
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`and 1400(a) because Peloton has its principal place of business within the District and has
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`committed, and continues to commit, acts of copyright infringement within the District.
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`Plaintiffs’ Exclusive Synchronization Rights
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`The Facts
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`22.
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`Plaintiffs are music publishers that own and/or control the U.S. copyrights
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`in certain musical compositions (for the purposes of this Complaint, the terms “musical
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`compositions” and “musical works” are used interchangeably), in whole or in part. Plaintiffs often
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`administer these copyrighted musical works on behalf of the songwriters who composed those
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`songs. Without the creative efforts of those and other songwriters, the music that Peloton uses in
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`its workout videos simply would not exist.
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`23.
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`The U.S. Copyright Act grants copyright owners such as Plaintiffs an
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`exclusive bundle of rights with respect to each of their copyrighted works, which includes the
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`exclusive right to reproduce, perform publicly and/or distribute (or authorize others to reproduce,
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`perform and/or distribute) those copyrighted works. See 17 U.S.C. § 106.
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`24.
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`Pursuant to this exclusive grant of rights, Plaintiffs license the public
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`performance, reproduction, synchronization and/or distribution of musical works in their catalogs,
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`collect the income arising from such licensing, and pay the songwriters their share of the license
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`income, where applicable. Those songwriters, in turn, rely on those license fees to support their
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`livelihood so that they can continue creating new songs.
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`25.
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`A number of musical works owned and/or controlled by Plaintiffs are
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`written by more than one songwriter, each of whom may be affiliated with a separate music
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`publisher. To the extent that Peloton has obtained licenses from other music publishers with
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`respect to their share of such joint works, such licenses, consistent with industry standard, do not
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`convey rights with respect to the copyright interests of Plaintiffs or their administered songwriters
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`in those works.
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`26.
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`The right to license the synchronization of a musical work is derived from
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`the copyright owner’s exclusive right of reproduction. See 17 U.S.C. § 106(1). The word
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`“synchronization” is used to describe this particular form of reproduction because “synchronizing
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`involves making a piece of music an integral part of the audiovisual work — by recording the
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`music in ‘timed-relation’ with the moving pictures in an audiovisual work.” AL KOHN & BOB
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`KOHN, KOHN ON MUSIC LICENSING 1086 (4th ed. 2010). “[T]he permission granted under a
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`synchronization license is traditionally limited to the making of a recording of a musical
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`composition subject to the condition” that “the recording only be used as part of the particular
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`audiovisual work specified in the agreement.” Id. Thus, use of the same musical composition in
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`a different context or in a different audiovisual work “would require a separate license, carrying
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`an additional fee.” Id. at 1105–06.
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`Plaintiffs’ Copyrighted Musical Works
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`27.
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`Among many other copyrighted musical works, Plaintiff Downtown owns
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`and/or controls the U.S. copyright in the musical compositions “Happy Xmas (War Is Over),”
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`written and composed by John Lennon & Yoko Ono, for which the Register of Copyrights has
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`duly issued Registration Certificate RE0000795735; “Working Class Hero,” written and
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`composed by John Lennon, for which the Register of Copyrights has duly issued Registration
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`Certificate RE0000846434; “Carnival,” written and composed by Natalie Merchant, for which the
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`Register of Copyrights has duly issued Registration Certificate PA0000758810; and “Amber,”
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`written and composed by Nicholas Hexum, for which the Register of Copyrights has duly issued
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`Registration Certificate PA0001100362. In addition, among many other copyrighted musical
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`works, Plaintiff Downtown co-owns and/or controls the U.S. copyright in the musical
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`compositions “Shallow,” written and composed by Stefani Germanotta (aka Lady Gaga), Mark
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`Ronson, Anthony Rossomando and Andrew Wyatt, for which the Register of Copyrights has duly
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`issued Registration Certificate PA0002149916; “Green Onions,” written and composed by Booker
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`T. Jones, Lewis Steinberg, Steve Cropper and Al Jackson, Jr., for which the Register of Copyrights
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`has duly issued Registration Certificate RE0000478073; “Groove Is In The Heart,” written and
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`composed by Kamaal Ibn John Fareed, Herbie Hancock, Dmitry Brill, Dong-Hwa Chung, Kier
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`Kirby, Alex Butcher and Mike Miser, for which the Register of Copyrights has duly issued
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`Registration Certificate PA0000532721; “Happier,” written and composed by Ed Sheeran,
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`Benjamin Levin and Ryan Tedder, for which the Register of Copyrights has duly issued
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`Registration Certificate PA0002150280; “Locked Out of Heaven,” written and composed by Peter
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`Gene Hernandez (aka Bruno Mars), Philip Martin Lawrence and Ari Levine, for which the Register
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`of Copyrights has duly issued Registration Certificate PA0001869823; “I’m Not The Only One,”
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`written and composed by Sam Smith and James Napier, for which the Register of Copyrights has
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`duly issued Registration Certificate PA0001906178; “Girls, Girls, Girls,” written and composed
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`by Tommy Lee Bass, Mick Mars and Nikki Sixx, for which the Register of Copyrights has duly
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`issued Registration Certificate PA0000342182; and “Diamonds,” written and composed by Mikkel
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`S. Eriksen, Tor Erik Hermansen, Benjamin J. Levin and Sia Furler (aka Sia), for which the Register
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`of Copyrights has duly issued Registration Certificate PA0001833874.
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`28.
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`Among many other copyrighted musical works, Plaintiff ole owns and/or
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`controls the copyright in the musical compositions “The Spirit of Radio,” written and composed
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`by Alex Zinojinovich, Geddy Lee Weinrib and Neil Elwood Peart, for which the Register of
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`Copyrights has duly issued Registration Certificate PA0000066535; and “Tom Sawyer,” written
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`and composed by Alex Zinojinovich, Geddy Lee Weinrib, Neil Elwood Peart and Paul Phillip
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`Woods, for which the Register of Copyrights has duly issued Registration Certificate
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`PA0000100466. In addition, among many other copyrighted musical works, Plaintiff ole co-owns
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`and/or controls the copyright in the musical compositions “Gin and Juice,” written and composed
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`by Mark L. Adams, Steve Arrington, Calvin Cordazor Broadus (aka Snoop Dogg), Harry Wayne
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`Casey, Rick Finch, Raymond Guy Turner, Stephen C. Washington, Daniel Webster and Andre
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`Romell Young, for which the Register of Copyrights has duly issued Registration Certificate
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`PA0000901892; “If It Makes You Happy,” written and composed by Sheryl Suzanne Crow and
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`Jeffrey Trott, for which the Register of Copyrights has duly issued Registration Certificate
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`PA0000815033; “Miss Independent,” written and composed by Christina Aguilera, Kelly Brianne
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`Clarkson, James Everette Lawrence and Matthew B. Morris, for which the Register of Copyrights
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`has duly issued Registration Certificate PA0001105447; “Shake Ya Tailfeather,” written and
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`composed by Jayson Riley Bridges, Tohri Murphy Lee Harper, Cornell Haynes (aka Nelly) and
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`Varick D. Smith, for which the Register of Copyrights has duly issued Registration Certificates
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`PA0001248945, PA0001196526; “SexyBack,” written and composed by Nathaniel Floyd Hills,
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`Timothy Z. Mosley (aka Timbaland) and Justin R. Timberlake, for which the Register of
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`Copyrights has duly issued Registration Certificate PA0001165048; and “Starships,” written and
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`composed by Carl Anthony Falk, Wayne Anthony Hector, Nadir Khayat, Onika Tanya Maraj (aka
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`Nicki Minaj) and Rami Yacoub, for which the Register of Copyrights has duly issued Registration
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`Certificate PA0001819003.
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`29.
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`Among many other copyrighted musical works, Plaintiff Big Deal owns
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`and/or controls the copyright in the musical compositions “Hey Mami,” written and composed by
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`Amelia Randall Meath and Nicholas Christen Sanborn, for which the Register of Copyrights has
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`duly issued Registration Certificate PA0001992052; “Los Ageless,” written and composed by
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`Annie Clark, for which the Register of Copyrights has duly issued Registration Certificate
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`PA0002145312; and “Stitches,” written and composed by Teddy Geiger, Daniel John Kyriakides
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`and Danny Parker, for which the Register of Copyrights has duly issued Registration Certificate
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`PA0001993016. In addition, among many other copyrighted musical works, Plaintiff Big Deal
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`co-owns and/or controls the copyright in the musical compositions “High Hopes,” written and
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`composed by Samuel S. Hollander, Jonas Jeeberg, Ilsey Juber, Bean William Ernest Lobban,
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`Taylor Parks, Lauren Pritchard, Jacob S. Sinclair, Brendon Boyd Urie and Jenny Owen Youngs,
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`for which the Register of Copyrights has duly issued Registration Certificate PA0002144483;
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`“Thank God for Girls,” written and composed by Bruce Charles Balzer, Craig Michael Balzer,
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`Rivers Cuomo, Alex Goose and Bill Petti, for which the Register of Copyrights has duly issued
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`Registration Certificate PA0002089150; “Summer Nights,” written and composed by Ruth Anne
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`Cunningham, Teddy Geiger, Sergio M. Popken, John Henry Ryan and Tijs M. Verwest (aka
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`Tiesto), for which the Register of Copyrights has duly issued Registration Certificates
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`PA0002065114, PA0002044086; and “Where the Blacktop Ends,” written and composed by James
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`Allen Shamblin and Steven Noel Wariner, for which the Register of Copyrights has duly issued
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`Registration Certificate PA0000972877.
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`30.
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`Among many other copyrighted musical works, Plaintiff Peer owns and/or
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`controls the copyright in the musical compositions “Walk Like an Egyptian,” written and
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`composed by Liam H. Sternberg, for which the Register of Copyrights has duly issued Registration
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`Certificate PA0000278841; “Old Time Rock & Roll,” written and composed by George H. Jackson
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`and Thomas E. Jones III, for which the Register of Copyrights has duly issued Registration
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`Certificate RE0000931306; “It’s Too Funky in Here,” written and composed by George H.
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`Jackson, Robert A. Miller, Bradley A. Shapiro and Walter N. Shaw, for which the Register of
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`Copyrights has duly issued Registration Certificate PAu000127840; and “Ooby Dooby,” written
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`and composed by Wade L. Moore and Allen R. Penner, for which the Register of Copyrights has
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`duly issued Registration Certificate RE0000196669. In addition, among many other copyrighted
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`musical works, Plaintiff Peer co-owns and/or controls the copyright in the musical compositions
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`“Umbrella,” written and composed by Shawn C. Carter (aka Jay-Z), Thaddis Laphonia Harrell,
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`Terius Youngdell Nash and Christopher A. Stewart, for which the Register of Copyrights has duly
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`issued Registration Certificate PA0001355560; “Touch My Body,” written and composed by
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`Mariah Carey, Crystal Nicole Johnson, Terius Youngdell Nash and Christopher A. Stewart, for
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`which the Register of Copyrights has duly issued Registration Certificate PA0001608150; and
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`“Super Bass,” written and composed by Jeremy Michael Coleman, Esther Dean, Roahn Kirk
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`Hylton, Daniel Andrew Johnson and Onika Tanya Maraj (aka Nicki Minaj), for which the Register
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`of Copyrights has duly issued Registration Certificate PA0001733269.
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`31.
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`Among many other copyrighted musical works, Plaintiff Pulse owns and/or
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`controls the copyright in the musical compositions “American Money,” written and composed by
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`Garrett Borns and Thomas James Schleiter, for which the Register of Copyrights has duly issued
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`Registration Certificate PA0001991515; “Happy People,” written and composed by Lorraine Ann
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`McKenna and Hailey Faith Whitters, for which the Register of Copyrights has duly issued
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`Registration Certificate PA0002063464; and “Runaway (U & I),” written and composed by Cathy
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`Dennis, Linus Johan Eklow, Christian Lars Karlsson, Julia Christine Karlsson, Jimmy Kennet
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`Koitzsch and Anton Anders Rundberg, for which the Register of Copyrights has duly issued
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`Registration Certificate PA0001987640. In addition, among many other copyrighted musical
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`works, Plaintiff Pulse co-owns and/or controls the copyright in the musical compositions
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`“Everybody Talks,” written and composed by Tyler Aaron Glenn and Timothy Alan Pagnotta, for
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`which the Register of Copyrights has duly issued Registration Certificate PA0001811165; “Roar,”
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`written and composed by Lukasz Gottwald, Martin Sandberg (aka Max Martin), Bonnie Leigh
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`McKee, Katy Perry and Henry Russell Walter, for which the Register of Copyrights has duly
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`issued Registration Certificate PA0001860200; “Sorry” written and composed by Justin Bieber,
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`Julia Michaels, Sonny Moore, Justin Drew Tranter and Michael Tucker, for which the Register of
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`Copyrights has duly issued Registration Certificate PA0002011230; and “John Wayne,” written
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`and composed by Stefani Germanotta (aka Lady Gaga), Josh Homme, Mark Ronson and Michael
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`Tucker, for which the Register of Copyrights has duly issued Registration Certificate
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`PA0002134445.
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`32.
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`Among many other copyrighted musical works, Plaintiff Reservoir owns
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`and/or controls the copyright in the musical compositions “Bring Me To Life,” written and
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`composed by David Hodges, Amy Lee and Ben Moody, for which the Register of Copyrights has
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`duly issued Registration Certificate PA0001152549; “Fighter,” written and composed by Christina
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`Aguilera and Scott Spencer Storch, for which the Register of Copyrights has duly issued
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`Registration Certificate PA0001143426; “Save a Horse (Ride a Cowboy),” written and composed
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`by Big Kenny and John D. Rich, for which the Register of Copyrights has duly issued Registration
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`Certificate PA0001227159; and “All I Wanna Do,” written and composed by William D. Bottrell,
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`David Francis Baerwald, Wyn Cooper, Sheryl Suzanne Crow and Kevin M. Gilbert, for which the
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`Register of Copyrights has duly issued Registration Certificates PA0000664140, PA0000669884.
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`In addition, among many other copyrighted musical works, Plaintiff Reservoir co-owns and/or
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`controls the copyright in the musical compositions “Take Me Home, Country Roads,” written and
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`composed by Mary Catherine Danoff, William T. Danoff and John Denver, for which the Register
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`of Copyrights has duly issued Registration Certificates RE0000653070, EU0000238954; “Cry Me
`
`a River,” written and composed by Timothy Z. Mosley, Scott Storch and Justin R. Timberlake, for
`
`which the Register of Copyrights has duly issued Registration Certificate PA000119534; “Yeah!”
`
`written and composed by Christopher Brian Bridges (aka Ludacris), Garrett R. Hamler, La
`
`Marquis Jefferson, James Elbert Phillips, Johnathan H. Smith (aka Lil Jon) and Patrick Michael
`
`Smith, for which the Register of Copyrights has duly issued Registration Certificate
`
`PA0001241917; “Lonely Together,” written and composed by Tim Bergling, Magnus Hoiberg,
`
`Brian D. Lee, Benjamin Levin, Ali Tamposi and Andrew Wotman, for which the Register of
`
`Copyrights has duly issued Registration Certificate PA0002089808; and “Fast Cars and Freedom,”
`
`written and composed by Gary Levox, Wendell Lee Mobley and Neil Thrasher, for which the
`
`Register of Copyrights has duly issued Registration Certificate PA0001268341.
`
`33.
`
`Among many other copyrighted musical works, Plaintiff TRO owns and/or
`
`controls the copyright in the musical compositions “Fly Me to the Moon (In Other Words),” written
`
`and composed by Bart Howard, for which the Register of Copyrights has duly issued Registration
`
`Certificate RE0000120979; “Iron Man,” written and composed by Terence Michael Butler, Frank
`
`Anthony Iommi, John Osbourne (aka Ozzy Osbourne) and W. T. Ward, for which the Register of
`
`Copyrights has duly issued Registration Certificate RE0000782590; and “My Generation,” written
`
`

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`Case 1:19-cv-02426-DLC Document 1 Filed 03/19/19 Page 15 of 21
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`15
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`and composed by Peter Dennis Blandford Townshend, for which the Register of Copyrights has
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`duly issued Registration Certificate RE0000634708.
`
`34.
`
`Among many other copyrighted musical works, Plaintiff Round Hill owns
`
`and/or controls the copyright in the musical compositions “Hit Me With Your Best Shot,” written
`
`and composed by Edward Schwartz, for which the Register of Copyrights has duly issued
`
`Registration Certificate PAu000139243; “Paradise by the Dashboard Light,” written and
`
`composed by James Richard Stienman, for which the Register of Copyrights has duly issued
`
`Registration Certificates PA0000125856, PA0000000614; and “Total Eclipse of the Heart,”
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`written and composed by James Richard Steinman, for which the Register of Copyrights has duly
`
`issued Registration Certificates PA0000833824, PA0000182428. In addition, among many other
`
`copyrighted musical works, Plaintiff Round Hill co-owns and/or controls the copyright in the
`
`musical compositions “Video Killed the Radio Star,” written and composed by Geoffrey Downes,
`
`Trevor C. Horn and Bruce Martin Woolley, for which the Register of Copyrights has duly issued
`
`Registration Certificate PA0000050684; “Just the Way You Are,” written and composed by Khari
`
`Cain, Philip Martin Lawrence, Ari Levine, Bruno Mars and Khalil Walton, for which the Register
`
`of Copyrights has duly issued Registration Certificate PA0001725672; “Leader of the Pack,”
`
`written and composed by George “Shadow” Morton, Jeff Barry and Ellie Greenwich, for which
`
`the Register of Copyrights has duly issued Registration Certificate RE0000607399; “Before He
`
`Cheats,” written and composed by Joshua P. Kear and Christopher Tompkins, for which the
`
`Register of Copyrights has duly issued Registration Certificate PA0001346125; and “Summer in
`
`the City,” written and composed by John S. Boone, John B. Sebastian and Mark Sebastian, for
`
`which the Register of Copyrights has duly issued Registration Certificate RE0000669821.
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`

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`Case 1:19-cv-02426-DLC Document 1 Filed 03/19/19 Page 16 of 21
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`16
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`35.
`
`Among many other copyrighted musical works, Plaintiff Royalty co-owns
`
`and/or controls the copyright in the musical compositions “Mrs. Officer,” written and composed
`
`by Dwayne Carter (aka Lil’ Wayne), Darius J. Harrison, Curtis Stewart and Bobby Marcel Wilson,
`
`for which the Register of Copyrights has duly issued Registration Certificate PA0001787391; “Na
`
`Na” written and composed by Mikely Wilhelm Adam, Mary Christine Brockert, Samuel Jean,
`
`Wyclef Jean, Dijon Isaiah McFarlane, Tremaine Nerverson (aka Trey Songz) and Slaam Remi, for
`
`which the Register of Copyrights has duly issued Registration Certificate PA0001945848; “You’re
`
`Beautiful,” written and composed by James Blunt, Amanda Louisa Gosein and Sacha Skarbek, for
`
`which the Register of Copyrights has duly issued Registration Certificate PA0001904062; and
`
`“Backbeat,” written and composed by Samuel Alexander McCarthy and Dagny Norvoll Sandvik,
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`for which the Register of Copyrights has duly issued Registration Certificate PA0002077991.
`
`36.
`
`Among many other copyrighted musical works, Plaintiff Ultra owns and/or
`
`controls the copyright in the musical compositions “31 Days,” written and composed by Xavier L.
`
`Dotson and Nayvadius Demun Wilburn (aka Future), for which the Register of Copyrights has
`
`duly issued Registration Certificate PA0002142631; and “Mr. Saxobeat,” written and composed
`
`by Andrei Nemirschi and Vasile Marcel Prodan, for which the Register of Copyrights has duly
`
`issued Registration Certificate PA0001736539. In addition, among many other copyrighted
`
`musical works, Plaintiff Ultra co-owns and/or controls the copyright in the musical compositions
`
`“Collide,” written and composed by Tim Bergling (aka Avicii), Simon Harry Piers Jeffes, Arash
`
`Andreas Pournouri, Autumn Rowe and Sandy Julien Wilhelm, for which the Register of
`
`Copyrights has duly issued Registration Certificate PA0001753315; “Practice,” written and
`
`composed by Dwayne Carter (aka Lil W