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`Case 2:20-cv-00107 Document 2 Filed 01/23/20 Page 1 of 26
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
`
`
`FOUR JAYS MUSIC COMPANY and
`JULIA RIVA,
`
`
`
`
`Plaintiffs,
`
`v.
`AMAZON.COM, INC., AMAZON
`DIGITAL SERVICES LLC,
`VALLEYARM DIGITAL LIMITED,
`LENANDES LTD, GIACOMO VERANI,
`and LIMITLESS INT. RECORDINGS,
`
`
`
` Defendants.
`
`
`
`
`
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`
`
`COMPLAINT FOR
`COPYRIGHT INFRINGEMENT
`
`JURY DEMAND
`
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`Basis for Jurisdiction
`The Court has jurisdiction over the subject matter of this action against
`1.
`Defendants Google LLC, Valleyarm Digital Limited, Lenandes Ltd, Giacomo Verani,
`and Limitless Int. Recordings pursuant to 28 U.S.C. § 1338(a) because this is an action
`for copyright infringement arising under the Copyright Act of 1976, 17 U.S.C. §§
`101, 106, 115, 501, 602 et seq.
`
`
`
`COMPLAINT 1
`
`
`
`
`
`
`
`
`MANN LAW GROUP PLLC
`1218 Third Avenue, Suite 1809
`Seattle, WA 98101
`TELEPHONE: (206) 436-0900
`
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`Case 2:20-cv-00107 Document 2 Filed 01/23/20 Page 2 of 26
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`Introduction
`Plaintiffs are the legal and/or beneficial copyright owners of musical
`2.
`works authored by Harry Warren, one of the premier composers of American music.
`Harry Warren wrote over 800 songs, including At Last, Chattanooga
`3.
`Choo Choo, I Only Have Eyes for You, You Must Have Been a Beautiful Baby, Jeepers
`Creepers, The Gold Diggers' Song (We're in the Money), Lullaby of Broadway, You'll
`Never Know, On the Atchison, Topeka and the Santa Fe, That's Amore, Nagasaki,
`There Will Never Be Another You, and The More I See You.
`The Composition Chart annexed as Exhibit A provides a list of Plaintiffs’
`4.
`copyrighted compositions at issue in this case (the “Subject Compositions”).
`The works of Warren have been recorded by the most prominent jazz
`5.
`and popular artists of all time, including Benny Goodman, Bing Crosby, Cab
`Calloway, Charlie Parker, Coleman Hawkins, Count Basie, Dean Martin, Ella
`Fitzgerald, Frank Sinatra, Glen Miller, John Coltrane, Judy Garland, Louis
`Armstrong, Miles Davis, Ray Charles, and Shirley Bassey, Tony Bennett, and Sarah
`Vaughan to name only a few. These monumental works of art are, quite literally,
`national treasures.
`These and other recordings of Plaintiffs’ copyrighted musical works
`6.
`have been pirated by the Defendants in this case. Defendants are all players in the
`digital music business that participate in, and jointly profit from, making digital
`phonorecord deliveries (i.e., downloads) of pirated recordings of the Subject
`Compositions.
`Digital phonorecord deliveries of musical recordings constitute a
`7.
`reproduction and distribution of the musical work embodied in the digital recording
`and require a license from the copyright owner of the musical composition, sometimes
`referred to as a “mechanical license.”
`
`COMPLAINT 2
`
`
`
`
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`
`
`MANN LAW GROUP PLLC
`1218 Third Avenue, Suite 1809
`Seattle, WA 98101
`TELEPHONE: (206) 436-0900
`
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`Case 2:20-cv-00107 Document 2 Filed 01/23/20 Page 3 of 26
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`Defendants have failed to obtain any license that would authorize them
`8.
`to reproduce, distribute, or sell the recordings of the Subject Compositions identified
`on Exhibit B and, as a result, Defendants have infringed Plaintiffs’ exclusive rights of
`reproduction and distribution of the Subject Compositions under 17 U.S.C. §§
`106(1)(3).
`Further, the activity of making digital phonorecord deliveries of pirated
`9.
`recordings of the Subject Compositions does not qualify for a compulsory license or
`as a covered activity under Section 115 of the Copyright Act.
`10. A list of the pirated recordings of the Subject Compositions that
`Defendants have reproduced and distributed without authorization, including by
`making digital phonorecord deliveries, thus far identified, is set forth in the
`Infringement Chart (Exh. B).
`11. All of the recordings identified on Exhibit B are pirated. Plaintiffs have
`thus far identified over 60 pirated recordings of the Subject Compositions that have
`been separately reproduced and distributed as digital phonorecord deliveries by
`Defendants in the on Amazon store as set forth in the Infringement Chart annexed as
`Exhibit B. Defendants have infringed these works in a concerted and distinct
`distribution chain.
`
`Defendants’ Piracy is Massive and Flagrant
`12. The scope and flagrant nature of Defendants’ piracy cannot be
`understated. It is obvious that the recordings listed in Exhibit B are pirated by virtue
`of the scope of the Limitless catalog, the replication of the original album artwork
`(while removing the original label logos), and the continued distribution of legitimate
`versions of the recordings by the rightful record label owners on Amazon.
`13. Limitless, which has no web presence and no listing on Discogs.com, is
`selling recordings by virtually every well-known recording artist from the 1930s
`
`COMPLAINT 3
`
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`MANN LAW GROUP PLLC
`1218 Third Avenue, Suite 1809
`Seattle, WA 98101
`TELEPHONE: (206) 436-0900
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`Case 2:20-cv-00107 Document 2 Filed 01/23/20 Page 4 of 26
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`through the 1960s, including Frank Sinatra, Ella Fitzgerald, Miles Davis, Louis
`Armstrong, Mel Torme, Ray Charles, Tony Bennet, and Judy Garland.
`In addition, strong evidence of the piracy can be gleaned directly from
`14.
`Amazon store from the comparison of the bootlegged Limitless catalog entries side-
`by-side with legal recordings being sold by legitimate record labels.
`15. For example, Album cover art has been an essential part of the packaging
`and marketing and labels have taken great care to create album artwork commensurate
`with the music it accompanied. Not so with Limitless, which has often either stolen
`the album art and music wholesale or employed stock artwork for its bootlegged
`albums.
`Invariably, Limitless has simply applied a silver border with its name
`16.
`written around the original release artwork and obscuring the original label logo as
`exemplified by the following screenshots comparing the Limitless release with the
`original:
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`In many instances, on Amazon is selling the legitimate release by the
`17.
`original label side by side with Limitless’ bootlegged copy. For example, in 1962,
`
`COMPLAINT 4
`
`
`
`
`
`
`
`
`MANN LAW GROUP PLLC
`1218 Third Avenue, Suite 1809
`Seattle, WA 98101
`TELEPHONE: (206) 436-0900
`
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`Case 2:20-cv-00107 Document 2 Filed 01/23/20 Page 5 of 26
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`Capitol Records released the Bobby Darin’s album, Look At Me Now, which included
`his recording of the Warren composition You’ll Never Know. Capitol sells the
`recording on Amazon in direct competition with Defendants, who sell their pirated
`copy at a significant discount. In addition, Defendants have appropriated the recording
`and artwork (eliminating the Capitol logo) as evidenced by the following screenshot:
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`18. Similarly, in 1960, MGM Records (now part of Universal Music Group)
`released Connie Francis’s recording of the Warren composition That’s Amore as part
`of the More Italian Favorites album. Universal continues to sell the recording on
`Amazon in direct competition with Defendants. Once again, Defendants have
`appropriated the original recording and artwork, as evidenced by the following
`screenshots:
`
`
`
`COMPLAINT 5
`
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`MANN LAW GROUP PLLC
`1218 Third Avenue, Suite 1809
`Seattle, WA 98101
`TELEPHONE: (206) 436-0900
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`Case 2:20-cv-00107 Document 2 Filed 01/23/20 Page 6 of 26
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`19. Similarly, in 1954, Clef Records (now Verve) released eleven of
`Warren’s works recorded by one of the greatest jazz pianists, Oscar Peterson. Verve
`is still selling the album and individual tracks, including on Amazon. Defendants have
`bootlegged the entire album, altered the album artwork slightly, and are underselling
`the Verve legitimate version:
`
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`20. The scope and scale of Defendants’ piracy operation cannot be
`understated. Defendants have, on occasion, flagrantly bootlegged an entire label’s
`catalog for a particular artist. For example, as shown in the following screenshots,
`Defendants claim to have compiled: (a) The Singles of Bobby Bland; (b) The
`Complete Capitol Small Group Recordings of Benny Goodman; (c) The Complete
`Savoy And Dial Studio Recordings of Charlie Parker; and (d) The Steamer, Complete
`Sessions of The Stan Getz Quartet:
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`In addition to the pirated recordings of Plaintiffs’ compositions,
`21.
`Defendants have distributed a broad and deep catalog of thousands of other pirated
`recordings through the Amazon store, including many entire albums of seminal
`MANN LAW GROUP PLLC
`1218 Third Avenue, Suite 1809
`Seattle, WA 98101
`TELEPHONE: (206) 436-0900
`
`COMPLAINT 6
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`Case 2:20-cv-00107 Document 2 Filed 01/23/20 Page 7 of 26
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`musical works. For example, the Limitless catalog available in the Amazon store
`includes the following seminal albums:
`a. Elvis Presley’s debut album, Elvis Presley:
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`b. Surfin’ USA, by The Beach Boys:
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`c. James Brown’s debut album, Please, Please, Please:
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`COMPLAINT 7
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`MANN LAW GROUP PLLC
`1218 Third Avenue, Suite 1809
`Seattle, WA 98101
`TELEPHONE: (206) 436-0900
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`Case 2:20-cv-00107 Document 2 Filed 01/23/20 Page 8 of 26
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`d. Bob Dylan’s debut studio album, Bob Dylan:
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`e. Roy Orbison’s Crying:
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`22. All of this should have made it obvious that Limitless is operating a huge
`music piracy operation. Valleyarm and Amazon chose to ignore the evidence of piracy
`and to participate in the infringement on a massive scale.
`23. To put this case in context, in 2007, Jammie Thomas-Rasset, a single
`mother of four in Brainerd, Minnesota, was found liable, after three separate jury
`trials, for copyright infringement for using file sharing software that enabled the
`unauthorized downloading and distribution of 24 recordings by the Goo Goo Dolls
`and Def Leppard, among others. The juries awarded statutory damages in all three
`trials of up to $80,000 per infringement. The Eighth Circuit Court of Appeals
`ultimately affirmed statutory damages in the amount of $9,250 for each infringed
`
`COMPLAINT 8
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`MANN LAW GROUP PLLC
`1218 Third Avenue, Suite 1809
`Seattle, WA 98101
`TELEPHONE: (206) 436-0900
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`Case 2:20-cv-00107 Document 2 Filed 01/23/20 Page 9 of 26
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`recording, for a total award of $222,000. Ms. Thomas-Rassett declared bankruptcy as
`she had “no other option.”
`In 2009, Joel Tenenbaum, a Massachusetts college student, who also
`24.
`used file-sharing software that permitted others to download 30 recordings by Limp
`Bizkit and Blink-182, was found liable and the jury awarded statutory damages of
`$22,500 per recording, for a judgment that totaled $675,000 forcing Mr. Tenenbaum
`to file for Chapter 7 bankruptcy.
`25. Unlike Ms. Thomas-Rassett and Mr. Tenenbaum who were not alleged
`to have sold their infringing recordings or profited from their conduct, Defendants in
`this case have engaged in massive music piracy operation for the purpose of
`generating profits from their sales of pirated recordings and by other means.
`26. The copyright infringement operation detailed in this Complaint is only
`the latest in a long line of piracy schemes that have plagued composers, publishers,
`and record labels since the inception of the music industry over 100 years ago, when
`the perforated rolls used by player pianos to perform musical works were pirated. See
`Aeolian Co. v. Royal Music Co., 196 F. 926 (W.D.N.Y. 1912).
`27. As the technology employed by the music industry to reproduce musical
`works advanced, bootlegging efforts by music pirates kept pace. In the 1960s and
`1970s, organized criminal enterprises engaged in record and tape piracy operations
`on a scale that is dwarfed by the infringing conduct explained herein. Like the
`Defendants in this case, the “tape pirates” and “record pirates” of years past
`unlawfully duplicated popular pre-existing recordings, and then claimed their liability
`was limited by the compulsory license provision of the 1909 Copyright Act, § 1(e).
`28. The landmark case Duchess Music Corp. v. Stern, 458 F.2d 1305 (9th Cir.
`1972) settled the issue as to whether tape pirates could limit their liability for piracy
`under the compulsory license provision of the 1909 Copyright Act. In Duchess, the
`defendant tape pirate engaged in the same conduct identified in this Complaint, and
`
`COMPLAINT 9
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`
`MANN LAW GROUP PLLC
`1218 Third Avenue, Suite 1809
`Seattle, WA 98101
`TELEPHONE: (206) 436-0900
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`Case 2:20-cv-00107 Document 2 Filed 01/23/20 Page 10 of 26
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`claimed her conduct was lawful because the compulsory license provision of the
`Copyright Act authorized the reproduction and distribution of the musical works
`embodied on the recordings she pirated. The Ninth Circuit rejected the argument,
`stating, “She may not continue her piracy under the flag of compulsory licensing.”
`The Duchess court concluded that the tape pirates’ activity was ineligible for a
`compulsory license and that reproduction of a musical composition on a pirated
`recording infringed the copyright in the composition, even when a compulsory license
`was claimed.1
`29. The holding in Duchess was codified when the Copyright Act was
`revised in 1976. The statutory bar against compulsory licensing of pirated recordings
`continues in the recent amendments to Section 115 of the Copyright Act, which
`provides that reproduction and distribution of pirated sound recordings is not a
`covered activity under Section 115 and is ineligible for a compulsory license.
`30. Defendants are nothing more than modern tape pirates and their conduct
`constitutes willful copyright infringement of the Subject Compositions in violation of
`the United States Copyright Act [17 U.S.C. §§ 101, 106, 115, 501, 602 et seq.] (the
`“Copyright Act”).
`
`Four Jays Music Company & Julia Riva
`31. Plaintiff Four Jays Music Company is a California corporation with a
`principal place of business at 421 E. 6th St. in Los Angeles, California.
`32. Plaintiff Julia Riva is Harry Warren’s granddaughter and the President
`of Four Jays Music Company. Julia Riva is a resident of Los Angeles, California.
`
`
`1 The criminal conduct of “tape pirates” became a priority of the Attorney General of the
`United States, Edward H. Levi, in 1975 when the Justice Department determined that decisions
`reached by four Circuit Courts of Appeals, including the Ninth Circuit in Duchess, rendered tape
`pirates criminally liable even where the statutory royalty was tendered. See Heilman v. Levi, 391
`F.Supp. 1106 (E.D.Wisc. 1975). Criminal copyright infringement sentences continue to this day.
`See Matter of Zaragoza-Vaquero, 26 I&N Dec. 814 (BIA 2016)(defendant sentenced to 33 months
`in prison and ordered to be removed from the United States for selling bootleg copies of music
`CDs at a Florida flea market, as a crime involving moral turpitude).
`MANN LAW GROUP PLLC
`1218 Third Avenue, Suite 1809
`Seattle, WA 98101
`TELEPHONE: (206) 436-0900
`
`COMPLAINT 10
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`Case 2:20-cv-00107 Document 2 Filed 01/23/20 Page 11 of 26
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`Amazon
`33. Upon information and belief, Defendant Amazon.com, Inc. is a
`corporation organized under the laws of the State of Delaware with a place of business
`at 410 Terry Ave. N Seattle, WA 98109.
`34. Upon information and belief, Defendant Amazon Digital Services LLC
`is a limited liability company organized under the laws of the State of Delaware with
`a place of business at 410 Terry Avenue N, Seattle, WA 98109. Defendants
`Amazon.com, Inc. and Amazon Digital Services LLC are united in interest and shall
`be referred to, individually and collectively, as “Amazon”.
`35. Amazon has owned and operated a digital music store under various
`names since 2007, including “Amazon MP3” at launch and currently, “Amazon Music
`Store” or “Digital Music Store” that sells permanent downloads. Amazon currently
`offers a catalog of over 40 million tracks for sale as permanent downloads in the U.S.
`36. Amazon specifically selected and contracted with Valleyarm and/or
`Limitless to provide the Limitless digital music catalog to be sold through the Amazon
`music store on negotiated financial terms.
`37. Amazon received all of the recordings of the Subject Compositions
`identified on Exhibit B from Limitless and/or Valleyarm. Amazon then reproduced,
`distributed and sold these pirated recordings of the Subject Compositions through the
`Amazon music store, without any licenses, as permanent downloads among other
`types of digital phonorecord deliveries identified herein.
`Valleyarm
`38. Upon information and belief, Defendant Valleyarm Digital Limited
`(“Valleyarm”) is a business entity organized under the laws of Australia with a place
`of business at Suite 1.09, 838 Collins Street, Docklands, VIC 3008, Australia.
`
`COMPLAINT 11
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`MANN LAW GROUP PLLC
`1218 Third Avenue, Suite 1809
`Seattle, WA 98101
`TELEPHONE: (206) 436-0900
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`Case 2:20-cv-00107 Document 2 Filed 01/23/20 Page 12 of 26
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`39. Valleyarm has distributed, and continues to distibute, digital music to the
`Amazon music store and has delivered thousands of recordings to the Amazon music
`store for sale throughout the U.S.
`40. Valleyarm specifically selected and contracted with Limitless to provide
`the Limitless digital music catalog to be sold through the Amazon music store on
`negotiated financial terms.
`41. At Limitless’ direction, Valleyarm unlawfully reproduced all of the
`pirated recordings of the Subject Compositions identified on Exhibit B, distributed
`them to Amazon, and unlawfully authorized Amazon to make digital phonorecord
`deliveries, as specifically set forth in Exhibit B.
`Limitless
`42. Upon information and belief, Defendant Lenandes Ltd (“Lenandes”) is a
`company organized under the laws of the United Kingdom with a registered office
`address at 10 Philpot Lane, London, England, EC3M 8AA.
`43. Upon information and belief, Defendant Giacomo Verani (“Verani”) is
`the sole director and shareholder of Lenandes and controls its operations.
`44. Upon information and belief, Defendant Limitless Int. Recordings is a
`business entity whose country of origin and business address are unknown to
`Plaintiffs and is controlled by Verani and/or is the trade name under which Verani
`and/or Lenandes are operating. Lenandes, Verani, and Limitless Int. Recordings are
`united in interest and shall be referred to, collectively, as “Limitless”.
`45. Upon information and belief, Limitless directly pirated pre-existing
`recordings embodying the Subject Compositions identified on Exhibit B, distributed
`them to Valleyarm and/or Amazon, unlawfully authorized Valleyarm’s distribution
`and delivery of the pirated recordings to Amazon for sale through the Amazon music
`store, and unlawfully authorized Valleyarm and Amazon’s making of digital
`
`COMPLAINT 12
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`MANN LAW GROUP PLLC
`1218 Third Avenue, Suite 1809
`Seattle, WA 98101
`TELEPHONE: (206) 436-0900
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`Case 2:20-cv-00107 Document 2 Filed 01/23/20 Page 13 of 26
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`phonorecord deliveries in Amazon’s music store as specifically set forth in the
`annexed Exhibit B.
`46. Upon information and belief, Limitless is simply duplicating recordings
`of the Subject Compositions made by others without permission and authorizing
`Valleyarm and Amazon to sell reproductions of the pirated copies for profit through
`the Amazon music store.
`Jurisdiction, Venue and Joinder
`47. This Court has personal jurisdiction over Defendants. Amazon has its
`principal place of business in Washington and all Defendants have purposefully
`availed or directed their infringing activities in Washington.
`48. Further, Plaintiffs’ copyright infringement claims arise out of (a) the
`reproduction and distribution of pirated recordings of the Subject Compositions listed
`in Exhibit B, occurring in Washington, directly by Defendants and/or at their
`purposeful direction and availment, including the sale of pirated recordings of Subject
`Compositions to Washington residents; or (b) transactions consummated within
`Washington between Valleyarm and Amazon, concerning reproduction, distribution
`and delivery of the pirated recordings of the Subject Compositions.
`49. Limitless intentionally directed its distributor, Valleyarm, to distribute
`the pirated recordings to Amazon in Washington for sale through the Amazon music
`store.
`
`50. Valleyarm and Limitless intentionally distributed and delivered the
`pirated recordings of the Subject Compositions identified in Exhibit B to Amazon,
`and unlawfully authorized Amazon to reproduce these pirated recordings of the
`Subject Compositions through the Amazon music store and to sell permanent
`downloads to Washington consumers.
`51. Venue is proper in this District pursuant to 28 U.S.C §§ 1391(b), 1391(c)
`and 1400(a) because Amazon has its principal place of business in this state. In
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`COMPLAINT 13
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`MANN LAW GROUP PLLC
`1218 Third Avenue, Suite 1809
`Seattle, WA 98101
`TELEPHONE: (206) 436-0900
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`Case 2:20-cv-00107 Document 2 Filed 01/23/20 Page 14 of 26
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`addition, Defendants are subject to personal jurisdiction in this Judicial District and
`have committed unlawful acts of infringement in this Judicial District.
`Joinder of Limitless, Valleyarm and Amazon is proper under Fed. R. Civ.
`52.
`P. 20 because Defendants are jointly and severally liable as members of a distinct
`distribution chain for the acts of copyright infringement identified herein.
`Harry Warren
`53. Harry Warren (1893-1981) has perhaps contributed more to the great
`American songbook than any other songwriter in history. Warren was born to Italian
`immigrant parents in Brooklyn, New York. After serving in the US Navy in World
`War I, Warren began writing songs.
`In the years 1931 to 1945, Warren wrote more hit songs than Irving
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`Berlin. He was nominated for the Academy Award for Best Song eleven times (more
`than Berlin, George Gershwin, Cole Porter or Richard Rodgers) and won three Oscars
`for composing Lullaby of Broadway, You'll Never Know, and On the Atchison, Topeka
`and the Santa Fe.
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`55. Warren wrote over 800 songs including Chattanooga Choo Choo, the
`first song to receive a gold record, presented by RCA Victor in 1942, for sales of 1.2
`million copies. Over the course of his career, Warren wrote 81 top 10 hits, including
`timeless classics such as At Last, I Only Have Eyes For You, That’s Amore, You Must
`Have Been A Beautiful Baby, Jeepers Creepers, and The Gold Diggers’ Song (We’re
`MANN LAW GROUP PLLC
`1218 Third Avenue, Suite 1809
`Seattle, WA 98101
`TELEPHONE: (206) 436-0900
`
`COMPLAINT 14
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`in the Money). Warren was one of America's most prolific film composers, and his
`songs have been featured in over 300 films. Harry Warren was inducted into the
`Songwriters Hall of Fame in 1971.
`Four Jays Music Company and Julia Riva
`In 1955 Harry Warren formed the Four Jays Music Company, a
`56.
`California corporation, to own the copyrights in his musical works.
`57. Four Jays Music Company acquired the copyrights in the respective
`Subject Compositions by assignment from Harry Warren and third party music
`publishers, as well as by assignment by Harry Warren’s wife, daughter, and
`grandchildren, who acquired the copyrights by termination notices timely served and
`filed with U.S. Copyright Office under Section 304 of the Copyright Act of 1976.
`58. Plaintiff Four Jays Music Company is a legal owner of the U.S. copyright
`in certain of the Subject Compositions as identified in Exhibit A, along with all
`accrued causes of action.
`Julia Riva is a legal owner of the U.S. copyright in certain of the Subject
`59.
`Compositions as identified in Exhibit A, along with all accrued causes of action, as a
`result of termination notices filed and served on or after January 1, 1997.
`The Subject Compositions
`60. Plaintiffs are the owners of the musical compositions listed in the
`Composition Chart annexed as Exhibit A (collectively, the “Subject Compositions”)
`that are the subject of this action.
`61. The copyrights for all the Subject Compositions have been registered and
`renewed with the U.S. Copyright Office, and each Subject Composition is the subject
`of a valid U.S. copyright. The Composition Chart annexed as Exhibit A identifies the
`copyright registration numbers for each of the Subject Compositions.
`62. Plaintiffs are the owner of a share in each of the Subject Compositions
`in the percentages listed on Exhibit A.
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`COMPLAINT 15
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`MANN LAW GROUP PLLC
`1218 Third Avenue, Suite 1809
`Seattle, WA 98101
`TELEPHONE: (206) 436-0900
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`Case 2:20-cv-00107 Document 2 Filed 01/23/20 Page 16 of 26
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`63. As discussed more fully below, the Defendants have infringed, and are
`continuing to infringe, the copyright in each of the Subject Compositions by willfully
`reproducing and distributing them without a license.
`Background
`64. Before digital music distribution, recorded music was physically
`distributed through brick-and-mortar stores that were confined by the limitations of
`shelf space. Recording artists signed exclusive recording contracts with record labels
`in order to have their records pressed and distributed in national record stores.
`It is hard to imagine that a person walking into Tower Records, off the
`65.
`street, with arms full of CDs and vinyl records and claiming to be the record label for
`Frank Sinatra, Louis Armstrong and Ella Fitzgerald, could succeed in having that
`store sell their pirated copies directly next to the same albums released by legendary
`record labels, Capitol, RCA and Columbia, and at a lower price.
`66. Yet, this exact practice occurs every day in the digital music business,
`where there is unlimited digital shelf space (for example, there are more than 50
`million recordings in the Amazon music store) and a complete willingness by the
`digital music stores to seek popular and iconic recordings from any source, legitimate
`or not, provided they participate in sharing the proceeds.
`67. The iconic status of the pirated recordings of the Subject Compositions
`at issue in this case cannot be overstated. Any list of the most popular singers and
`musicians of any period between 1920 and 1970 would be replete with the artists who
`have recorded Plaintiffs’ musical works, some of them multiple times.
`68. All the recordings on the Infringement Chart (Exh. B) embodying the
`Subject Compositions are pirated copies, or “bootlegs.” Defendants’ digital
`phonorecord deliveries of these pirated copies were all made without authorization
`from the copyright owners of the sound recordings or those who originally “fixed”
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`COMPLAINT 16
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`MANN LAW GROUP PLLC
`1218 Third Avenue, Suite 1809
`Seattle, WA 98101
`TELEPHONE: (206) 436-0900
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`Case 2:20-cv-00107 Document 2 Filed 01/23/20 Page 17 of 26
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`them as required by Section 115 (discussed below), and the copyright owners of the
`Subject Compositions.
`69. Defendants all generate illicit revenue for themselves when these and
`other pirated copies are sold or distributed. Plaintiffs have not authorized any
`reproduction or distribution of these pirate recordings of the Subject Compositions
`(or any identified on Exhibit B) and it is an infringement for which all the Defendants
`are jointly and severally liable.
`The Pirated Recordings
`70. All of the recordings identified in Exhibit B are pirated. Defendants have
`taken recordings of the Subject Compositions – in which they hold no rights – and
`reproduced and distributed pirated copies of them to the public, for profit, without
`authorization.
`71. Virtually all of the recordings at issue in this case were originally made
`between 1923 and 1972.
`72. Since Limitless did not originally “fix” any of the relevant recordings,
`the only way for it to acquire the rights to duplicate and distribute them would be to
`purchase or license rights in these recordings.
`73. Upon information and belief, Limitless never acquired permission or the
`rights to reproduce or distribute any of these recordings from any person who lawfully
`fixed them or from the owner of the copyright in the sound recording. Limitless is
`simply duplicating previously released recordings and selling them as if they were the
`rightful owner. Valleyarm and Amazon are duplicating Limitless’s pirated sound
`recordings of the Subject Compositions and selling the pirated copies for profit.
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`COMPLAINT 17
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`MANN LAW GROUP PLLC
`1218 Third Avenue, Suite 1809
`Seattle, WA 98101
`TELEPHONE: (206) 436-0900
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`Case 2:20-cv-00107 Document 2 Filed 01/23/20 Page 18 of 26
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`Defendants Have Infringed the Subject Compositions
`74. Section 115 of the Copyright Act expressly excludes Defendants’
`reproduction and distribution of pirated recordings of the Subject Compositions as a
`covered activity eligible for a compulsory license under Section 115 and Defendants
`have failed to obtain any licenses for the Subject Compositions that authorize such
`activity.
`75. The Infringement Chart annexed as Exhibit B sets forth (1) each pirated
`recording of the Subject Compositions within the Limitless, Valleyarm, Amazon
`distribution chain thus far identified by Plaintiffs that these Defendants have
`reproduced, distributed, and/or made available for digital phonorecord deliveries in
`Amazon’s digital music store without authorization.
`76. The various types of unauthorized reproductions, distributions, and/or
`digital phonorecord delivery configurations of each of the pirated recordings of the
`Subject Compositions made and/or authorized by Defendants are discussed briefly
`below.
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`Permanent Downloads
`77. Permanent download means a digital transmission of a sound recording
`of a musical work in the form of a download, where such sound recording is accessible
`for listening without restriction as to the amount of time or number of times it may be
`accessed.
`78. Amazon has made available, reproduced, and distributed permanent
`downloads of the recordings of the Subject Compositions listed on Exhibit B to its
`customers.
`79. Amazon was unlawfully authorized and directed to do so by Limitless
`and/or Valleyarm.
`80. Reproducing or distributing permanent downloads of recordings of the
`Subject Compositions require licenses from the copyright owners of the Subject
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`COMPLAINT 18
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`MANN LAW GROUP PLLC
`1218 Third Avenue, Suite 1809
`Seattle, WA 98101
`TELEPHONE: (206) 436-0900
`
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`Case 2