Case 1:19-cv-11598-LAK Document 1 Filed 12/18/19 Page 1 of 10
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
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`
`PRO MUSIC RIGHTS, LLC,
`
`
`Plaintiff,
`
`v.
`
`
`AMAZON.COM, INC.,
`
`Defendant.
`
`
`
`
`
`
`Civil Case No.: 1:19-cv-11598
`
`
`
`
`COMPLAINT FOR
`COPYRIGHT INFRINGEMENT
`AND DEMAND FOR JURY TRIAL
`
`
`
`
`::::::::::
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`
`:
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`Plaintiff Pro Music Rights, LLC (“PMR” or “Plaintiff”) files this Complaint against
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`Defendant Amazon.com, Inc. (“Amazon” or “Defendant”), based on Defendant’s willful
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`infringement of copyrighted musical works pursuant to the Copyright Act, 17 U.S.C. §§ 101
`
`et seq. (the “Copyright Act”) and Defendant’s deliberate scheme to withhold payment to
`
`Plaintiff.
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`NATURE OF ACTION
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`1.
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`Plaintiff owns the copyrights and/or has sufficient exclusive rights to the
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`registered copyrights infringed by Defendant.
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`2.
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`Plaintiff brings this action to remedy Defendant’s infringement and theft of
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`royalties for copyrights.
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`3.
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`Plaintiff placed Amazon on notice that it is required to remit royalty payments
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`to Plaintiff for the streams of its songs and to obtain public performance licenses for the
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`public performance of songs on Amazon’s platform.
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`
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`
`
`PRO MUSIC RIGHTS, LLC,
`
`
`Plaintiff,
`
`v.
`
`
`AMAZON.COM, INC.,
`
`Defendant.
`
`
`
`
`
`
`Civil Case No.: 1:19-cv-11598
`
`
`
`
`COMPLAINT FOR
`COPYRIGHT INFRINGEMENT
`AND DEMAND FOR JURY TRIAL
`
`
`
`
`::::::::::
`
`
`:
`
`Plaintiff Pro Music Rights, LLC (“PMR” or “Plaintiff”) files this Complaint against
`
`Defendant Amazon.com, Inc. (“Amazon” or “Defendant”), based on Defendant’s willful
`
`infringement of copyrighted musical works pursuant to the Copyright Act, 17 U.S.C. §§ 101
`
`et seq. (the “Copyright Act”) and Defendant’s deliberate scheme to withhold payment to
`
`Plaintiff.
`
`NATURE OF ACTION
`
`1.
`
`Plaintiff owns the copyrights and/or has sufficient exclusive rights to the
`
`registered copyrights infringed by Defendant.
`
`2.
`
`Plaintiff brings this action to remedy Defendant’s infringement and theft of
`
`royalties for copyrights.
`
`3.
`
`Plaintiff placed Amazon on notice that it is required to remit royalty payments
`
`to Plaintiff for the streams of its songs and to obtain public performance licenses for the
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`public performance of songs on Amazon’s platform.
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`
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`Case 1:19-cv-11598-LAK Document 1 Filed 12/18/19 Page 2 of 10
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`4.
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`By virtue of Amazon’s Notices of Intent to Obtain a Compulsory License,
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`which it provided to Plaintiff, Amazon acknowledged that Plaintiff’s musical works lacked
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`the consents and authorizations necessary to exploit them.
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`5.
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`To date, however, Amazon has not paid royalties for streams of Plaintiff’s
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`songs on Amazon Music and continues to stream Plaintiff’s music without license, and
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`without any compensation made to copyright holders, in blatant disregard of the Copyright
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`Act.
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`6.
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`Amazon is legally obligated to pay royalties for streamed music.
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`THE PARTIES
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`7.
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`PMR is a limited liability company organized and existing under the laws of
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`Florida with its principal place of business at 3811Airport Pulling, STE 203, Naples, Collier
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`County, Florida 34105.
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`8.
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`PMR is a for-profit performing rights organization that collects license fees on
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`behalf of the artists, songwriters, composers, music publishers and other rightsholders with
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`whom it is affiliated and then distributes the license fees as royalties to those affiliates whose
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`works have been publicly performed. It is the fifth ever formed public performance rights
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`organization in the United States (behind BMI, ASCAP, SESAC and GMR) with an
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`estimated 7.4% market share based on the approximately 2,000,000 works in its repertory.
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`PMR’s sole member is a citizen and resident of the State of Florida.
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`9.
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`PMR has a number of reputable artists in its cache including, OG Maco, best
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`known for his 2014 debut single “U Guessed It,” which went viral and peaked at number 90
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`on the U.S. Billboard Hot 100.
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`2
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`Case 1:19-cv-11598-LAK Document 1 Filed 12/18/19 Page 3 of 10
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`10.
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`PMR has been granted the right to license the public performance rights in
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`approximately two million (2,000,000) copyrighted musical works (“Repertoire”), including
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`those which are alleged herein to have been infringed by Defendant. Some of those works
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`feature notable artists such as A$AP Rocky, Wiz Khalifa, Pharrell, Young Jeezy, Juelz
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`Santana, Lil Yachty, MoneyBaggYo, Larry June, Trae Pound, Sause Walka, Trae Tha Truth,
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`Sosamann, Soulja Boy, Lex Luger, Lud Foe, SlowBucks, Gunplay, OG Maco, Rich The Kid,
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`Fat Trel, Young Scooter, Nipsey Hussle, Famous Dex, Boosie Badazz, Shy Glizzy, 2 Chainz,
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`Migos, Gucci Mane, Young Dolph, Trinidad James and Fall Out Boy.
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`11.
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`Plaintiff owns the copyrights and/or has sufficient exclusive rights with
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`respect to the works in Repertoire.
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`12.
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`Jake P. Noch (“Noch”), a musical prodigy, is the founder, Chief Executive
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`Officer and sole member of PMR. Noch founded PMR when he was twenty years old.
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`13.
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`Upon information and belief, Defendant Amazon is a corporation organized
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`under the laws of the State of Delaware, with its principal place of business in Seattle
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`Washington, and maintaining corporate offices in New York, New York.
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`14.
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`Amazon Music is a music and video streaming service developed, owned and
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`operated by Amazon.
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`15.
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`Upon information and belief, at all times material hereto, Defendant operated
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`through the acts of its employees, agents, representatives, servants, and the like, acting within
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`the course of their employment and scope of duties.
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`JURISDICTION AND VENUE
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`16.
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`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338,
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`3
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`Case 1:19-cv-11598-LAK Document 1 Filed 12/18/19 Page 4 of 10
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`17 U.S.C. § 501 and under 28 U.S.C. § 1332 because the amount in controversy exceeds
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`$75,000 and the parties are citizens of different states.
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`17.
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`18.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. § 1400.
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`Venue is also proper in this judicial district under 28 U.S.C. § 1391(b)(2)
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`because a substantial part of the events or omissions giving rise to Plaintiff’s claims occurred
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`in this district.
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`19.
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`Additionally, venue is proper in this judicial district under 28 U.S.C. §§
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`1391(b)(1) and (c) because Defendant’s contacts would be, and are, sufficient to subject them
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`to personal jurisdiction in this district.
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`20.
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`Amazon provides its interactive streaming service and platform to individuals
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`located in New York and New York residents, and it has targeted business efforts into this
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`judicial district and has entered into multiple agreements for its interactive streaming services
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`with residents and citizens of this judicial district.
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`21.
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`Upon information and belief, Amazon has thousands of registered users in
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`New York.
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`22.
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`The musical works at issue in this action have been streamed throughout New
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`York.
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`23.
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`In addition to employing New York residents in its New York corporate
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`office, Amazon advertises, solicits clients, and conducts substantial amounts of business in
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`the state of New York and within this district.
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`24.
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`Plaintiff has the right to bring the within action pursuant to 17 U.S.C. §
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`501(b).
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`4
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`Case 1:19-cv-11598-LAK Document 1 Filed 12/18/19 Page 5 of 10
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`25.
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`The copyright in every musical work at issue was registered in the United
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`States Copyright Office and otherwise satisfies the Copyright Act. 17 U.S.C. §§ 409-412.
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`FACTS
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`26.
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`Pursuant to the Copyright Act, musical works appearing on Amazon Music’s
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`service must be properly licensed and appropriate royalties must be paid to copyright owners.
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`27.
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`Amazon has streamed Repertoire hundreds of thousands of times without ever
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`entering into a license agreement with Plaintiff for payment of public performance royalties
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`and/or monetarily compensating Plaintiff for such exploitation.
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`28.
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`Amazon did not report to Plaintiff the use and exploitation of its music
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`because Amazon was earning (and continues to) financially benefit from its infringing
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`conduct.
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`29.
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`Amazon earns revenue from various forms of advertising. This includes
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`“banner” and “sponsored link” advertising that is placed on Amazon’s webpages containing
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`infringing works.
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`30.
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`Plaintiff’s music enhances Amazon’s reputation and credibility in the industry
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`by having access to music of the kind and quality in the Repertoire. Amazon financially
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`benefits from the overall increase in user traffic and commercial value of its business arising
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`from the “draw” of the availability of the infringing works.
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`31.
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`During the course of Defendant’s exploitation, Amazon had knowledge and
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`was also made aware of the Copyright Act, along with Plaintiff’s and the ultimate copyright
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`holder’s rights, with which it was obligated to comply.
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`32.
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`In a letter dated August 14, 2018, Plaintiff educated Amazon as to its
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`5
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`Case 1:19-cv-11598-LAK Document 1 Filed 12/18/19 Page 6 of 10
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`obligations under the Copyright Act with respect to the necessity of purchasing a license for
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`the public performance of musical works in Repertoire and attached a copy of PMR’s license
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`agreement for execution. Plaintiff placed Amazon on notice of an impending lawsuit, stating
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`that if Amazon deliberately chose to continue violating the Copyright Act by publicly
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`performing Repertoire, litigation in federal court would ensue.
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`33.
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`In letters to PMR dated September 5, 2018, and August 23, 2018, the
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`Statutory Licensing Division of Music Reports, on behalf of Amazon, enclosed a Notice of
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`Intention to Obtain a Compulsory License – but not a license to publicly perform music.
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`34.
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`In a follow-up letter to Amazon dated November 11, 2018, Plaintiff identified
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`numerous musical works for which Plaintiff had substantial evidence confirming Amazon’s
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`copyright infringement and again sought to negotiate a licensing arrangement to avoid
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`litigation.
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`35.
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`Despite PMR’s persistent efforts, Amazon failed to enter into a license
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`agreement with either Plaintiff.
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`36.
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`Upon information and belief, none of the owners of the copyrights of any of
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`the musical works in Repertoire has issued a license to Amazon and/or has been monetarily
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`compensated for all views on any musical work.
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`37.
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`Plaintiff alleges claims of willful copyright infringement based on Amazon’s
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`unauthorized public performance of the registered copyrights identified on Exhibit 1 (the
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`“Schedule”) incorporated herein.
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`38.
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`Each of the aforementioned musical works has been duly registered with the
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`United States Copyright Office. The corresponding copyright number for each musical work
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`6
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`Case 1:19-cv-11598-LAK Document 1 Filed 12/18/19 Page 7 of 10
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`is listed on the Schedule.
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`COUNT ONE
`(Copyright Infringement)
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`Plaintiff repeats and realleges each of the allegations set forth in Paragraphs 1-
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`39.
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`38 as if set forth fully herein.
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`40.
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`Amazon has, without a public performance license, publicly performed and/or
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`publicly distributed Repertoire through its web-based streaming service notwithstanding
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`repeated warnings from Plaintiff that such performance constituted infringement of copyright
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`in violation of 17 U.S.C. § 101, et seq.
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`41.
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`Each of Amazon’s acts on infringement referenced herein was willful within
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`the meaning of 17 U.S.C. § 101, et seq.
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`42.
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`The specific acts of copyright infringement alleged, as well as Amazon’s
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`entire course of conduct, has caused Plaintiff to incur damages in an amount to be determined
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`at trial. By continuing to stream Repertoire without license, Defendant threatens to continue
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`committing copyright infringement. Unless this Court restrains Defendant from committing
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`further acts of copyright infringement, Plaintiff will suffer irreparable injury for which it has
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`no adequate remedy at law.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff asks for an order and judgment against the Defendant as
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`follows:
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`1.
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`entering judgment that Defendant infringed the copyrights in violation of the
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`Copyright Act;
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`7
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`Case 1:19-cv-11598-LAK Document 1 Filed 12/18/19 Page 8 of 10
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`2.
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`declaring that Defendant has engaged in willful infringement of copyrights in
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`willful violation of the Copyright Act;
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`3.
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`awarding Plaintiff’s actual, compensatory, statutory and punitive damages,
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`and its costs and attorneys' fees, to the full extent allowed by law;
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`4.
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`5.
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`declaring that Defendant is directly liable for copyright infringement;
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`declaring that Plaintiff is entitled to receive all revenue associated with all
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`exploitations of infringed works, commencing from the date of judgment and for all amounts
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`not taken into consideration in the judgment;
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`6.
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`entering an award of damages pursuant to 17 U.S.C. § 504(b), including actual
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`damages, inclusive of the injury to the market value of infringed copyrights, and the profits
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`of Defendant as will be proven at trial or, in the alternative, the maximum amount of
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`statutory damages pursuant to 17 U.S.C. § 504(c), $150,000.00 for each act of willful
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`infringement with respect to the copyrights involved in the action;
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`7.
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`entering an injunction preliminarily and permanently enjoining Defendant and
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`its respective officers, directors, managers, members, partners, employees, servants, agents,
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`successors, affiliates and assigns from further infringement of the copyrights under 17 U.S.C.
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`§ 502 and otherwise assisting, aiding or abetting any other person or entity from violating
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`thereof;
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`8.
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`entering an order requiring Defendant to file with the Court and serve on
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`Plaintiff’s counsel within thirty (30) days after entry of any injunction, a report in writing,
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`under oath, setting forth in detail the manner in which Defendant has complied with the
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`Court’s orders;
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`8
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`Case 1:19-cv-11598-LAK Document 1 Filed 12/18/19 Page 9 of 10
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`9.
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`awarding attorneys' fees and full costs pursuant to 17 U.S.C. § 505 and under
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`other applicable law;
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`10.
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`11.
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`awarding restitution and disgorgement and imposing a constructive trust;
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`awarding Defendant’s profits earned by virtue of its wrongful conduct, in an
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`amount that will be proved at trial;
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`12.
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`13.
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`14.
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`ordering an accounting;
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`awarding punitive damages;
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`awarding costs of suit and pre-judgment and post-judgment interest according
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`to law, as applicable;
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`15.
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`retain jurisdiction over this action to implement and carry out the terms of all
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`orders and decrees that may be entered; and
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`16.
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`entering such other and further relief, including legal, statutory and equitable,
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`as this Court may deem just and proper.
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`DEMAND FOR A JURY TRIAL
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`Plaintiff Pro Music Rights, LLC hereby demands a jury trial on all issues triable by a
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`jury.
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`9
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`Case 1:19-cv-11598-LAK Document 1 Filed 12/18/19 Page 10 of 10
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`Respectfully submitted,
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` GORA LLC
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`Dated: December 18, 2019
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`By:
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`/s/ Richard Gora
`Richard Gora
`(203) 424-8021
`rich@goralaw.com
`Sinead Rafferty*
`(646) 298-8523
`sinead@goralaw.com
`Gora LLC
`2 Corporate Dr., Suite 210
`Trumbull, CT 06611
`* Pro Hac Vice Forthcoming
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`ATTORNEYS FOR THE PLAINTIFF
`PRO MUSIC RIGHTS, LLC
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