Steward v. West - Fourth Amended Complaint

7/18/2019 Steward v. West - Fourth Amended Complaint

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FOURTH AMENDED COMPLAINT

LAW OFFICES OF COURTNEY M. COATESCOURTNEY M. COATES, ESQ. (Bar No. 203448)26201 Ynez Road, Ste. 103Temecula, CA 92591Telephone: (951) 595-8118Facsimile: (951) [email protected]

Attorneys for Plaintiffs TRENA STEWARD,LORENZO PRYOR, and KARLA RAY

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

TRENA STEWARD, LORENZOPRYOR, and KARLA RAY

Plaintiffs,

v.

KANYE WEST; UMGRECORDINGS, INC.; ROC-A-FELLA RECORDS, LLC; THEISLAND DEF JAM MUSICGROUP; BAD BOY RECORDSLLC; CAROLINE DISTRIBUTION;STONES THROW RECORDS;BOMB HIP HOP RECORDS;AUTUMN GAMES, LLC;ACTIVISION BLIZZARD, INC.;ELECTRONIC ARTS, INC.;KONAMI DIGITALENTERTAINMENT, INC.,TERMINAL REALITY, INC., FATBEATS RECORDS; PARAMOUNTPICTURES CORPORATION;

NBCUNIVERSAL, INC. dbaUNIVERSAL PICTURES; JAKERECORDS; WARNER BROS.ENTERTAINMENT, INC.,inclusive,

Defendants.

No. CV13-02449 BRO JCx)

FOURTH AMENDED COMPLAINTFOR COPYRIGHT INFRINGEMENT,DECLARATORY RELIEF ANDEQUITABLE ACCOUNTING,CONSTRUCTIVE TRUST, ANDINJUNCTIVE RELIEF

[DEMAND FOR JURY TRIAL]

Action Filed: April 5, 2013

Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 1 of 91 Page ID #:970



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Plaintiffs Trena Steward, Lorenzo Pryor, and Karla Ray (hereinafter

referred to as “Plaintiffs”), by and through their attorney, Law Offices of Courtney

M. Coates, allege, based on information and belief, and complain as follows:

NATURE OF THE ACTION

1. In this action, Plaintiffs seek injunctive relief and millions of dollars

in damages to stop Defendants from engaging in illegal copyright infringement

involving the unauthorized, willful sampling of Plaintiffs’ original copyrighted

sound recording on a massive scale, which constitutes copyright infringement

under the laws of the United States. The act of music “sampling” is the act of

taking a portion, or sample of one sound recording and reusing it as an instrument

or a sound recording in a different song or piece. On a daily basis, one or more of

the Defendants, has engaged in the repeated willful infringement of Plaintiffs’

copyrighted music on a massive scale, by sampling Plaintiffs’ copyrighted music,

notwithstanding the copyright registrations that have been recorded since 1974 and

1975. Defendants carry out this unabashed theft of Plaintiffs’ intellectual property

through various media and retail distribution channels throughout the world. As

alleged herein, Defendants have systematically and willfully refused to clear

samples of Plaintiffs’ original, copyrighted work in order to gain a commercial

profit and to avoid paying and crediting the author.




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JURISDICTION AND VENUE

2. This action arises under the Copyright Act of 1909, which was

superseded and/or amended by the Copyright Act of 1976 (the “Copyright Act”).

This Court has jurisdiction pursuant to 28 U.S.C. Secs. 1331, 1332 and 1338, 17

U.S.C. Sec. 101 et seq.

3. The venue of this action is properly laid in the Central District of

California pursuant to 28 U.S.C. Secs. 1391(b) and (c), 1392 and 1400(a). Upon

information and belief, each of the Defendants has been transacting and continues

to transact business in the State of California and elsewhere interstate commerce,

or transacts business that affects such commerce, and has been committing and

continues to commit the acts complained of herein in the State of California and

elsewhere in interstate commerce, and regularly has been and now does business

and solicits business and derives substantial revenue from the sale and licensing of

creative properties and other products and services sold, used or consumed in the

State of California, including the musical composition and recording, and

elsewhere in interstate commerce. The defendants expected or should have

reasonably expected their acts, including the acts set forth above and complained

of herein, to have consequences in the State of California.

THE PARTIES

4. Plaintiff Trena Steward is an individual having a residence in San

Diego, California. She holds a 23.23% ownership interest in the song entitled,




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“Bumpin’ Bus Stop,” written and recorded by her deceased father, David Pryor, of

the music group, Thunder & Lightning.

5. Plaintiff Lorenzo Pryor is an individual having a residence in San

Diego, California. He holds a 23.44% ownership interest in the song entitled,

“Bumpin’ Bus Stop,” written and recorded by his deceased father, David Pryor, of

the music group, Thunder & Lightning.

6. Karla Ray is an individual having a residence in Tulsa, Oklahoma.

She holds a 24.44% ownership interest in the song entitled, Bumpin Bus Stop,

written and recorded by her deceased father, David Pryor, of the music group,

Thunder & Lightning.

7. Plaintiffs are informed and believe, and based thereon allege, that at

all times relevant hereto:

a. Defendant Kanye West (“West”) is either a resident of or doing

business in the State of California within the Central District of California. West is

a Grammy award-winning recording artist and producer. He is one of the most

successful hip-hop artists and entertainers in the world.

b. Defendant UMG Recordings, Inc. (“UMG”) is the largest

American music corporation in the world. UMG’s global corporate headquarters

are located in Santa Monica, California.

c. Defendant The Island Def Jam Music Group (“Island”) is a

subdivision of UMG. On information and believe, Island is engaged in the




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transaction of business within this judicial district, including without limitation, the

production of musical sound recordings for sale and distribution.

d. Defendant Roc-A-Fella Records, LLC (“Roc-A-Fella”), is a

limited liability company with its principle place of business in New York, New

York. On information and belief, Roc-A-Fella is a wholly-owned division of

UMG that transacts business within this judicial district, including without

limitation, the production of musical sound recordings for sale and distribution.

e.

Defendant Bad Boy Records LLC (“Bad Boy”) is a New York-

based record company that operates as a subsidiary of UMG and is distributed by

Interscope Records, also owned by UMG. On information and belief, Bad Boy is

engaged in the transaction of business within this judicial district, including

without limitation, the production of musical sound recordings for sale and

distribution.

f. Stones Throw Records (“Stones Throw”) is a Los Angeles-

based record label that is distributed by Caroline Distribution (“Caroline”), a music

distributor that is part of Capitol Music Group. Capitol Music Group is a record

label and subsidiary of UMG.

g. Defendant Bomb Hip Hop Records (“Bomb”) is a San

Francisco-based record label transacting business within this judicial district.

h. Autumn Games, LLC (“Autumn”) is a New York-based

company transacting business within this judicial district with offices in Los




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Angeles. Autumn develops and publishes video game content throughout the

world.

i. Konami Digital Entertainment, Inc. (“Konami”) is an Illinois

corporation that is headquartered in El Segundo, California. Konami is a wholly-

owned subsidiary of Konami Corporation based in Japan. Konami manufactures

and develops video games throughout the world.

j. Activision Blizzard, Inc. (“Activision) is a Delaware

corporation based in Santa Monica, California. Activision is engaged in the

business of developing, producing, and publishing video game content throughout

the world.

k. Electronic Arts, Inc. (“EA”) is a California-based video game

publisher transacting business within this judicial district. EA develops and

publishes video game content throughout the world.

l. Terminal Reality, Inc. is a Texas-based video game developer who

transacts business within this judicial district.

m. NBCUniversal, Inc. (“NBCUniversal”) is a multi-media

entertainment company that develops and distributes motion pictures and television

content through a variety of subsidiaries and networks. One of its wholly-owned

film divisions is Universal Pictures, engaged in the business of developing and

producing feature films. NBC Universal also owns a National Broadcasting

Company (“NBC”), a major television network in the United States.




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n. Paramount Pictures Corporation (“Paramount”) is a Los

Angeles-based film studio owned by Viacom, engaged in the business of

developing and producing feature films.

o. Fat Beats Records (“Fat Beats”) is a record company based in

Brooklyn, New York, engaged in the business of manufacturing and distributing

musical recordings throughout the United States and abroad.

p. Jake Records (“Jake”) is a Las Vegas-based record company

engaged in the business of manufacturing and distributing musical recordings

throughout the United States and abroad.

q. Warner Bros. Entertainment, Inc. (“WB Entertainment”) is a

multi-media entertainment company based in Burbank, California. WB

Entertainment owns and controls a television production division or subsidiary

known as Warner Bros. Television, which specializes in creating and producing

television content for various networks.

8. Unless otherwise specified herein, Defendants West, Roc-A-Fella,

Island, UMG, Caroline, Fat Beats, Bad Boy, Bomb, Autumn, Stones Throw, EA,

Autumn, Terminal, Konami, Paramount, Jake, WB Entertainment, NBCUniversal,

and Activision are hereinafter referred to collectively as “Defendants.”

FACTUAL BACKGROUND

9. Plaintiffs are the heirs of David Pryor, a musician, composer, and

recording artist (“Pryor”), who wrote the musical composition, entitled “Bumpin’




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Bus Stop” (“Composition”), and produced and recorded the fixed sound recording

which embodies the Composition (“Record”). The Composition and Record

feature Pryor’s signature voice and original music played by Pryor’s band, The

Play Boys.

10. After writing the composition, on or about 1974, Pryor approached the

owner of Gold Future Recording Studio (“Gold Future”), to inquire about renting

studio time, space, and equipment at Gold Future located in Kirkwood, Missouri,

just outside of St. Louis. Pryor also asked the owner of Gold Future to permit

Pryor to affix Gold Future’s label to the Record so that Pryor could promote the

Record at local radio stations. Gold Future agreed to rent the studio space and

equipment, as well as permit Pryor’s use of Gold Future’s label to promote the

Record.

11. David Pryor rented the studio time, space, and equipment from Gold

Future to make and produce the Record at his own expense. An engineer

independently contracted with Gold Future to engineer and mix the sounds Pryor

and The Play Boys recorded in the studio. The Record originally bore the studio’s

label of “Gold Future,” having unique artwork featuring “Gold Future” in bold

black letters, as well as images of musical notes and gold and black vinyl discs.

All creative elements to the Composition and Record were made at the instance,

direction, control, and expense of David Pryor.

12. The Record was a “single,” with two sides recorded onto a 45” vinyl




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disc or phonograph record. The Record was approximately 3:4842 minutes in

length on the A-Side (Part 1) and approximately 3:1582 on the B-Side (Part 2). It

is David Pryor’s signature voice on the A-Side (Part 1) of the Record, where he

says: “Hey Gang, let me show you something! It’s the hottest thing and it’s on its

way to the top! Step up front…you dig! Get down with the Bus Stop!”

13. In 1974, after the Record was fully mixed and complete, David Pryor

caused 45” vinyl phonorecords to be made bearing the Gold Future record label

and the following copyright notice: “!

1974 St. Louis, Mo 63122,” and “Produced

by Dave Pryor A Gold Future Production.” Pryor and band members began to

promote and distribute the Record locally to record companies, radio stations, disk

jockeys, and other members of the public. A true and correct copy of the original

Gold Future label affixed to the Record in 1974 is attached hereto as Exhibit 1.

14. In or about 1975, David Pryor desired to release, manufacture,

distribute and promote the Record on a larger scale. Upon presenting the Record

to Private Stock Records, the company showed interest in the Record and

consented to reproducing, repackaging, and releasing the Record under its own

label, “Private Stock Records.” Private Stock requested and obtained the reel-to-

reel master recording that Pryor previously made at Gold Future. Private Stock,

thereafter, used equipment to enhance the mix and sound quality of the original

master recording, shortened the playing length of the original Record, and affixed

its label to the Record. No creative elements were added to the Record by Private




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Stock; the sound recording is a literal copy of the Record made by Pryor at Gold

Future. The name of Pryor’s group was changed from “The Play Boys” to

“Thunder & Lightning.” The spelling of the title of the Record was changed from

“Bumpin-Bustop” to “Bumpin’ Bus Stop.” Private Stock Records re-released both

sides of the Record under its label with different artwork and the new group name,

“Thunder & Lightning.” A true and correct copy of the Private Stock label affixed

to the Record in 1975 is attached hereto as Exhibit 2.

15. The Composition was federally registered by Private Stock Record’s

music publisher, Caesar’s Music Library, in January 1975 [Reg. No. Eu563138

(Bumpin’ Bus Stop, Pt. 1) and Reg. No. Eu563139 (Bumpin’ Bus Stop, Pt. 2)].

Likewise, the Record was federally registered by record label, Private Stock

Records, on January 10, 1975 [Reg. No. N20740]. Private Stock’s copyright

application for the Record inadvertently omits that it was based on Pryor’s pre-

existing material and, thus, misstates the correct author of the Record.

Specifically, the application inadvertently omits that the Record embodies Pryor’s

previously recorded vocal performance, the fixed sounds and instruments that

Pryor and The Play Boys performed at Gold Future.

16. Private Stock did not obtain from Pryor, and Pryor did not grant to

Private Stock or Caesar’s Music, an assignment of rights or exclusive license to

distribute and publish the Record. Nor did Pryor grant an assignment or transfer of

his renewal rights in and to the Record. Instead of negotiating a transfer or




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exclusive license from Pryor to distribute the Record, on or about May 3, 1975,

Private Stock Records requested and obtained a compulsory or statutory license to

distribute the Record and pay mechanical royalties at the statutory rate. As a

matter of law, a compulsory license may only be granted if a phonorecord was

previously distributed to the public in the United States and may only be granted

on a non-exclusive basis.

17. After delivering the Record to Private Stock, David Pryor continued

to exercise exclusive ownership and control over the Composition and Record he

made at Gold Future by making phonorecords and mixes of the Record. Private

Stock never contested Plaintiffs’ exclusive ownership and right to distribute the

Record. In fact, Private Stock Records closed down in 1978 after its owner, Larry

Uttal, moved to London to go into the film business. At most, Private Stock

Records was a non-exclusive licensee solely authorized to distribute the Record

under its label in exchange for payment of statutory royalties. Since Pryor was the

original author, Private Stock had no right to transfer those non-exclusive rights to

third parties without Pryor’s consent.

18. On or about January 7, 2004, Pryor was admitted to a skilled

nursing facility, where he suffered from numerous incapacitating health conditions,

including without limitation, cerebrovascular disease, prostate cancer, Parkinson’s

disease, senile dementia, diabetes, and epilepsy. In 2004, the Probate Division of

the Circuit Court of St. Louis County, Missouri, appointed a conservator for David




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Pryor. Mr. Pryor died in May 14, 2006 in a skilled nursing facility. The primary

cause of death was cerebrovascular disease. Prior to his death, Pryor was mentally

disabled, unaware, and did not discover any acts of infringement by Defendants.

19. On or about June 17, 2011, the Probate Division of the Circuit Court

of St. Louis County, Missouri, entered a Judgment Determining Heirs, granting

ownership rights in and to the Record and Composition to the following family

members: Trena Steward, Lorenzo Pryor, Karla Ray, Sheila Hines, and Margaret

Pryor. A true and correct certified copy of the Judgment Determining Heirs,

entered June 17, 2011, is attached hereto as Exhibit 3.

20. Plaintiffs are the successors-in-interest and joint owners to “Bumpin’

Bus Stop.” Upon Plaintiffs making a reasonable inquiry, neither Caesar’s Music

Library nor Private Stock Records had a written agreement signed by David Pryor

evidencing their right to either own, publish, distribute, or administer any rights in

and to “Bumpin’ Bus Stop.” No valid transfer or assignment of copyright was ever

made by David Pryor. Nor could the Record constitute a work made for hire since

Pryor created it prior to any dealings with Private Stock Records and Caesar’s

Music.

21. After entry of the Judgment Determining Heirs, Plaintiffs notified

Private Stock and Caesar’s Music Library and demanded that they either furnish

proof of any claim of ownership or correct the inaccurate copyright registrations.

On August 16, 2011, Caesar’s Music Library assigned to Plaintiffs any and all of




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its purported rights, title, and interest in and to “Bumpin’ Bus Stop” in exchange

for a release of claims made by Plaintiff. Likewise, on October 16, 2012, Private

Stock Records assigned to Plaintiffs any and all of its purported rights, title, and

interest in and to “Bumpin’ Bus Stop” in exchange for a release of claims made by

Plaintiffs (“Private Stock Assignment”).

22. The Copyright Office has issued a certificate of registration for the

Gold Future Record [Reg. No. RE931704].

23. Also, in addition to the Private Stock Assignment executed in 2012,

Plaintiffs’ Record is the subject of existing Copyright Registration Nos.

V3612D942 and V3613D044, publicly recording the assignment made by Caesar’s

Music, the Judgment Determining Heirs, and vesting title to the Record and

Composition in the names of Lorenzo Pryor, Trena Steward, Margaret Pryor,

Shiela Hines, and Karla Ray (“Copyright”).

24. The music, lyrics, vocal performance and other creative elements of

“Bumpin’ Bus Stop” are wholly original and constitute copyrightable subject

matter under the Copyright Act. The Copyright has been duly registered in the

United States Copyright Office and all necessary recordation and registration

formalities and notice requirements under the Copyright Act have been fully

complied with. Copyright protection of the Record and Composition was

originally obtained by David Pryor, then Caesar’s Music and Private Stock

Records inaccurately registered the Record and Composition. The 1909 Copyright




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Act provides for an initial 28-year term of copyright protection and a single 28-

year renewal term of continued protection. After an amendment of U.S. copyright

law then in effect, this automatic renewal term now has a period of sixty- seven

(67) years. Upon Pryor’s death and final determination of his heirs in 2011,

Pryor’s renewals rights in the Copyright passed to Plaintiffs.

FIRST CLAIM FOR RELIEF

(Copyright Infringement – “Gold Digger”)

[Against UMG, West, Island, and Roc-A-Fella]

25. Plaintiffs repeat and re-allege every allegation contained in paragraphs

1 through 23 as if fully set forth herein.

26. Plaintiffs are the sole proprietors of all right, title, and interest in and

to the copyright in the Record, titled “Bumpin’ Bus Stop.”

27. Within three years of filing this action, Plaintiffs discovered that on or

about August 30, 2005, while Pryor was hospitalized and mentally incapacitated,

Roc-A-Fella, UMG, West, and Island, recorded, produced, manufactured and/or

distributed the infringing sound recording by West, entitled “Gold Digger,” which

copies and incorporates an unauthorized sample of the Record, thereby infringing

Plaintiffs’ copyright. The infringing recording, “Gold Digger,” is contained on the

album entitled Late Registration, released by UMG by and through its subsidiary

labels, Roc-A-Fella and Island. “Gold Digger” was produced by West and Jon

Brion. Plaintiffs are informed that the Scratch DJ for West and “Gold Digger”




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was Alain Macklovich aka A-Trak and, further, that the engineers were Ken Lewis

and Mike Dean.

28. West’s longtime disk jockey, A-Trak, is credited with

scratching on the “Get Down” sample in “Gold Digger.” Prior to the release of

“Gold Digger,” as early as 2002, A-Trak has actually used the Record in live

shows and/or recordings. A-Trak and West have also appeared in videos wherein

A-Trak is clearly using Plaintiffs’ Record to entertain audiences in live DJ

performances. According to A-Trak’s prior interviews as to how the “Get Down”

sample came about, he admits that it originated when he and West performed

“Gold Digger” live at the Sasquatch Music Festival in May 2005. A-Track admits

that he first obtained West’s permission to use a “Get Down” sample and

incorporate it into the song’s hook at Sasquatch. A-Trak admits the “Get Down”

sample was a success and West liked it. A few days later, A-Trak admits he flew

to Los Angeles to meet West in the studio and, according to A-Trak, “the rest is

history.”

29. “Gold Digger” illegally samples the Record because David Pryor’s

voice from the Record is heard, exclaiming “Get Down!” The sample of Pryor’s

voice can be repeatedly heard at approximately 0.27 seconds (4x), then it is

scratched and looped throughout the infringing recording at approximately 1:29

seconds (4x), 2:32 seconds (4x), and 3:13 seconds (4x).

30. Upon information and belief, Defendants have infringed Plaintiffs’




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copyright in the Record by, inter alia, incorporating a sample of the Record in

“Gold Digger,” then distributing tens of millions of copies of “Gold Digger” in

various media throughout the world, including but not limited to CDs, DVDs,

videocassettes, digital downloads, video games, and ringtones. Defendants

violated the Plaintiffs’ exclusive right to duplicate the Record by using the sound

recording sample. The exclusive right to make copies of the Record was further

violated by the unauthorized duplication and distribution of the sample. The

exclusive right to prepare derivative works of the Record was further violated by

sampling and looping Pryor’s voice throughout the musical recording. Last but not

least, Defendants violated Plaintiffs’ exclusive right to perform the Record in

public by including the unauthorized sample of the Record in the musical

recording.

31. Plaintiffs are informed and believe, and on that basis allege, that the

Defendants’ infringement of Plaintiffs’ copyrighted Record has been and continues

to be carried out with Defendants’ full knowledge that Plaintiffs’ Record is

protected by copyright and that all relevant times Defendants had actual and

constructive knowledge of Plaintiffs’ rights but proceeded in complete disregard

thereof. The Record has been registered and published with a copyright notice

since 1975. In fact, West was specifically interviewed and asked about his

sampling of other’s music in a documentary film in 2005. Callously explaining his

sampling of music, West admitted: “We take old people’s music and jack it .” (The




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Art of 16 Bars, QD3 Entertainment (2005)) ( Art of 16 Bars (QD3 Entertainment,

2005).) In doing the acts complained of herein, Defendants have willfully and

intentionally infringed Plaintiffs’ copyright.

32. Despite demands that Defendants cease their infringements of

Plaintiffs’ copyright, Defendants have failed or refused to do so. Plaintiffs are

informed and believe, and upon that basis allege, that these Defendants have

continued, and threaten to continue, infringing Plaintiffs’ copyright.

33. Plaintiffs are informed and believe, and on that basis allege, that

Defendants have obtained gains, profits, and advantages as a result of their

infringing acts as hereinabove alleged. Plaintiffs are presently unable to ascertain

the full extent of the gains, profits, and advantages Defendants have obtained by

reason of their aforesaid acts of copyright infringement, but upon information and

belief such gains, profits, and advantages exceed, at least, the jurisdictional limit of

this court.

34. As just one example of financial profits derived from Defendants’

well-organized scheme of infringement, Plaintiffs are informed and believe that

"Gold Digger" was released in 2005 as the second single from West's second

album, Late Registration, and features well-known entertainer, Jamie Foxx. "Gold

Digger" peaked at number one on the US Billboard Hot 100 on September 6, 2005,

becoming West's and Foxx's second number one single. Plaintiffs are informed




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and believe that “Gold Digger” broke a record for the most digital downloads in a

week, selling over 80,000 digital downloads, and was also the fastest selling digital

download of all time; both records have since been broken. Plaintiffs are informed

that "Gold Digger" sold over 1,000,000 downloads during its first seven weeks of

release. This makes "Gold Digger" one of the first songs in history to sell over

1,000,000 downloads in the United States. It was 2005's second-longest running

number one on the Billboard Hot 100 at ten weeks, behind Mariah Carey's "We

Belong Together.” “Gold Digger” was nominated for Record of the Year at

the 2006 Grammy Awards and won the award for Best Rap Solo Performance.

The song lists at number 49 on Billboard magazine's All Time Top 100 and at 9 on

the Billboard Hot 100 Songs of the Decade. The song was voted number 20 on

VH1's 100 Greatest Songs of Hip Hop. As of January 2011, the song sold over

3,000,000 copies in the United States alone, and tens of millions of copies

worldwide. Plaintiffs are informed that "Gold Digger" has become the 9th most

successful U.S. single of the 2000s.

35. Within the last three (3) years, Defendants have continued to illegally

exploit, re-release, re-package, and use Plaintiffs’ Record in various sound

recordings, including live performances, distributing them worldwide in multiple

formats, including compact disc, digital or on-line media, radio, and music film,

television, video games. For example, on or about October 6, 2009, Roc-A-Fella




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and Island re-released and re-packaged “Gold Digger,” making it part of a boxed

set of compilation albums, titled Def Jam 25 Anniversary.

36. Also, in 2012 Kanye West repeatedly publicly performed “Gold

Digger” using the unauthorized sample of the Record, as part of a so-called Watch

the Throne Tour in 56 cities across the world. The Watch The Throne Tour was a

co-headlining concert tour by American rapper Jay-Z and Defendant Kanye West

that began on October 28, 2011 in Atlanta and continued until June 22, 2012, with

its final show scheduled in Birmingham, AL. Plaintiffs are informed and believe

that the tour was originally scheduled for 23 performances, the tour was expanded

to 34 performances in North America due to heavy demand for tickets; 29 shows

were confirmed in the United States with 5 shows in Canada. Following massive

success in the United States and Canada, Jay-Z & Kanye West announced the

European leg of the tour on February 21, 2012, which featured 23 performances,

bringing the number of shows to 57 all together. Plaintiffs are informed and

believe that the tour has grossed over $48.3 million, making it the highest-grossing

hip-hop tour and the eighth highest-grossing tour of 2011.

37. Defendants are jointly and severally liable for each act of direct

infringement because they personally direct and participant in, and benefited from,

the infringing conduct as alleged herein.

38. As a direct and proximate result of Defendants’ infringement of

plaintiffs’ exclusive rights under copyright, plaintiffs are entitled to damages as




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well as Defendants’ profits pursuant to 17 U.S.C. § 504(b). In addition,

Defendants failed to credit David Pryor for the sample taken and used, resulting in

enormous monetary damage and loss of future earnings. Plaintiffs are presently

unable to ascertain the full extent of the money damages it has suffered by reason

of said acts of copyright infringement.

39. Alternatively, Plaintiffs are entitled to the maximum statutory

damages, in the amount of $150,000 per infringement, pursuant to 17 U.S.C. §

504(c), or for such other amount as may be otherwise proper under applicable law.

Plaintiffs further are entitled to their attorneys’ fees and full costs pursuant to 17

U.S.C. § 505 or as may be otherwise proper under applicable law.

40. Pursuant to 17 U.S.C. § 502, Plaintiffs are entitled to a preliminary

and permanent injunction prohibiting further infringements of their copyrights and

exclusive rights under copyright.

SECOND CLAIM FOR RELIEF

(Declaration of Joint Authorship and Equitable Accounting—

“Gold Digger”)

[Against Roc-A-Fella]



42. As of June 2011, Plaintiffs are the finally determined heirs of Pryor

and joint owners of the Record and Composition pursuant to the Judgment

Determining Heirs.




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43. Upon performing an investigation, Plaintiffs discovered that

Defendant released a sound recording, entitled “Gold Digger” in 2005, copyright

registration for which was made by Roc-A-Fella in 2005 [Reg. No.

SR0000372867].

44. The copyright registration omits Pryor’s contribution to the sound

recording and that “Gold Digger” repeatedly incorporates a sample of Pryor’s

recorded vocal performance within the song’s popular hook, exclaiming “Get

Down!” at various time intervals. Defendant Roc-A-Fella has incorporated Pryor’s

voice from the Record without compensating Plaintiffs or Pryor for its use.

45. Defendant Roc-A-Fella has never expressly and openly repudiated

Plaintiffs’ copyright interest in “Gold Digger.” Nor did Plaintiffs or their

predecessor-in-interest Pryor commit any overt act that would constitute an

abandonment or forfeiture of their copyright interest in “Gold Digger.”

46. Plaintiffs are co-owners and/or beneficial co-owners of the sound

recording, “Gold Digger” and, thus, are entitled to participate as co-owners and/or

beneficial co-owners of the sound recording, including payment of royalties and

accountings.

47. An actual controversy exists concerning Plaintiffs’ ownership interest

in and to the sample used in “Gold Digger.” Further, an actual controversy exists

concerning Plaintiffs’ right to receive past and future accountings, as well as future

royalties for the use of the Pryor sample in “Gold Digger.”




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48. Plaintiffs seek and are entitled to a Declaratory Judgment against

Defendant Roc-A-Fella, pursuant to 28 U.S.C. § 2201, decreeing that “Gold

Digger” is a “joint work” under 17 U.S.C. § 101; that Pryor was a co-author of

“Gold Digger” and co-owner thereof, under 17 U.S.C. § 201(a); that Pryor was a

qualified copyright claimant with respect to “Gold Digger,” under 37 C.F.R. §

202.3(a)(3), when “Gold Digger” was first fixed in a tangible medium of

expression; that the registration for “Gold Digger” has been held in constructive

trust by Roc-A-Fella, and must be supplemented to reflect Plaintiffs’ status as a co-

author, co-owner, and copyright co-claimant; that Plaintiffs are an author’s

“children” with respect to “Gold Digger” under 17 U.S.C. § 101; that Plaintiffs

inherited ownership interest in “Gold Digger” upon his death, pursuant to 17

U.S.C. § 201(d)(1), and became co-owners, co-beneficial owners, and/or co-

claimants thereof with Roc-A-Fella holding an indivisible fifty percent (50%)

ownership interest or an alternative percentage to be determined in the interest of

justice; that Plaintiffs may record, with the United States Copyright Office, their

status as heirs and successors to Pryor’s interest in “Gold Digger,” under 17 U.S.C.

§ 205; that Plaintiffs may publish and otherwise exploit “Gold Digger,”

independently of Defendant Roc-A-Fella, and enjoy, exercise, and enforce all other

rights, benefits, and causes of action accorded to copyright owners with respect

thereto.




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THIRD CLAIM FOR RELIEF

(Copyright Infringement – “ Def Jam Rap Star/ “Gold Digger”)

[Against Autumn, Konami, Terminal]

49. Plaintiffs re-allege and incorporate by reference each of the

allegations made in paragraph 1 through 48 as though fully set forth herein.

50. Within three years of this action, Plaintiffs discovered that on or about

October 5, 2010, Defendants Autumn, Terminal, and Konami developed,

manufactured, and/or published a video game, titled Def Jam Rap Star, which

contains the infringing recording, “Gold Digger,” previously described above.

51. Def Jam Rapstar is essentially a rap themed karaoke game that allows

players to make video clips of themselves performing songs and then upload them

to community websites. There are two modes, either “Career” or “Party” modes.

The “Career” mode is in five stages. Each stage has eight tracks for the player to

master, including a New Song Challenge, which is unlocked as the player

progresses through the stage. The “Party” mode allows players to simply pick an

individual song and perform it.

52. Defendants’ infringement in Def Jam Rap Star occurs in stage three of

the “Career” mode of the video game, wherein it incorporates Dave Pryor’s

recorded vocal performance of “Get Down!,” along with Kanye West as part of

“Gold Digger’s” popular hook.

53. Upon information and belief, the Defendants have infringed Plaintiffs’




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copyright in the Record by, inter alia, incorporating a sample of the Record in Def

Jam Rap Star, then distributing millions of copies of Def Jam Rap Star in various

media throughout the world. Defendants violated the Plaintiffs’ exclusive right to

duplicate the Record by using the sound recording sample. The exclusive right to

make copies was further violated by the unauthorized duplication and distribution

of the sample. The exclusive right to prepare derivative works was further violated

by sampling and looping Pryor’s voice in the video game. Last but not least,

Defendants violated Plaintiffs’ exclusive right to perform the Record in public by

including the unauthorized sample of the Record in the video game.


Plaintiffs’ exclusive rights under copyright, plaintiffs are entitled to damages as














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FOURTH CLAIM FOR RELIEF

(Contributory Infringement – Def Jam Rap Star/ “Gold Digger”)

[Against UMG, Roc-A-Fella, Island]



58. Upon information and belief, Defendants have materially caused,

induced, and contributed to the infringement of the Record by Autumn, Konami,

and Terminal by committing acts, including but not limited to, the following:

59. Upon information and belief, on or about 2010, UMG, Roc-A-Fella,

and/or Island, granted Autumn Games, Terminal, and Konami a license to use the

infringing recording, “Gold Digger,” in the popular video game Def Jam Rap Star,

which was released in 2010. Further, upon granting the license, Defendants

expressly warranted and represented to Autumn, Terminal, and Konami that they

were owners of an original work, that they were authorized to license “Gold

Digger,” and that such license would not violate the copyright of third parties.

Relying upon such representations, Autumn, Terminal, and Konami agreed to use

“Gold Digger” in Def Jam Rap Star.

60. Prior to releasing “Gold Digger” and issuing licenses to third parties,




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Defendants, and each of them, had an established system of policies and

procedures for clearing music samples of musical recordings for the purpose of

avoiding infringement. Defendants, however, knowingly failed to properly utilize

its system, policies, and procedures, for clearing the sample of the Record, which

materially caused, contributed to, or facilitated the infringement.

61. The infringement in Def Jam Rap Star occurs where Gold Digger is

featured in the video game and infringes Plaintiffs’ Record in the same time, place,

and manner as set forth in the First Claim for Relief. As alleged therein, Dave

Pryor’s recorded vocal performance is repeatedly heard, exclaiming “Get Down!”

along with Kanye West as part of the song’s hook throughout the infringing

recording.

62. The foregoing acts of infringement by Defendants have been willful,

intentional and purposeful, in knowing disregard of and indifferent to Plaintiffs’

rights. The copyright in and to the Record sampled by Defendants has been

registered with a copyright notice since 1975.

63. The Defendants have infringed Plaintiffs’ copyright by, inter alia,

incorporating a sample of the Record in Def Jam Rap Star then distributing

millions of copies of the infringing video game in various media throughout the

world. Defendants violated the Plaintiffs’ exclusive right to duplicate the Record

by using the sound recording sample. The exclusive right to make copies was

further violated by the unauthorized duplication and distribution of the sample.




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The exclusive right to prepare derivative works was further violated by sampling

and looping Pryor’s voice throughout the musical recording. Last but not least,


including the unauthorized sample of the Record in the musical recording.











66. Plaintiffs further are entitled to their attorneys’ fees and full costs

pursuant to 17 U.S.C. § 505 or as may be otherwise proper under applicable law.

67. Defendants’ conduct is causing, and unless enjoined and restrained by

this Court will continue to cause, Plaintiffs great and irreparable injury that cannot

fully be compensated for or measured in money. Plaintiffs have no adequate

remedy at law. Pursuant to 17 U.S.C. § 502, Plaintiffs are entitled to a preliminary





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FIFTH CLAIM FOR RELIEF

(Copyright Infringement— Inside Man Film and Soundtrack/ “Gold Digger”

[Against NBCUniversal]




March 2006, while Pryor was hospitalized and mentally incapacitated, Defendant

NBCUniversal’s film division, Universal Pictures, used “Gold Digger” in the

feature film and music sound track, Inside Man, and, thus, incorporated an

unauthorized sample of the Record. Inside Man was directed by Spike Lee and

stars Christopher Plummer, Clive Owen, Denzel Washington, Jodie Foster, and

Willem Dafoe.

70. The infringing recording, “Gold Digger,” was licensed to Universal

Pictures by and through UMG’s catalogue division, Universal Music Enterprises,

and Roc-A-Fella. The infringing film, Inside Man, incorporates “Gold Digger” as

part of the music score in the film and, therefore, incorporates Pryor’s voice from

the Record saying “Get Down” as part of the song’s hook. In addition, Pryor’s

voice from the Record is separately featured in the music soundtrack where “Gold

Digger” also appears.

71. Since the original release of the film, Inside Man was later repackaged




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and re-released by Universal Pictures in multiple formats, including DVD, Blue-

Ray, and through digital media.
















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SIXTH CLAIM FOR RELIEF

(Contributory Infringement –

Inside Man Film and Music Soundtrack/“Gold Digger”)

[Against UMG and Roc-A-Fella]

75. Plaintiffs re-allege and incorporate by reference each of the allegations

made in paragraph 1 through 74 as though fully set forth herein.

76. Upon information and belief, Defendants UMG and Roc-A-Fella have

materially contributed, induced, and/or caused the infringement by Universal

Pictures as follows:

77. Upon further information and belief, UMG and Roc-A-Fella collectively

licensed the infringing musical recording, “Gold Digger,” to Universal Pictures

without the permission of the owner of the Record. Upon issuing the license to

Universal Pictures, Defendants warranted and represented to Universal Pictures

that they owned an original work, that they had authority to issue a license for the

use of “Gold Digger,” and that such use would not violate the copyrights of third

parties. Relying upon such license, Universal Pictures used “Gold Digger” in its

film and music soundtrack, thus, infringing Plaintiffs’ copyright in the Record.

78. Prior to releasing feature films and soundtracks, Defendants, and each

of them, had an established system of policies and procedures for clearing music

samples of musical recordings for the purpose of avoiding infringement.

Defendants, however, knowingly failed to properly utilize its system, policies,

procedures, for clearing the sample of the Record, which materially caused,




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contributed to, or facilitated the infringement.

79. Plaintiffs are informed and believes and on that basis alleges that the

Defendants’ infringement of Plaintiff’s copyrighted work has been and continues

to be carried out with Defendants’ full knowledge that Plaintiffs’ Record was

protected by copyright and that all relevant times Defendants had actual and

constructive knowledge of Plaintiffs rights’ but proceeded in complete disregard

thereof. The Record and Composition have been registered since 1974 and 1975

and all physical copies of the Record had a copyright notice and symbol!

.

Notwithstanding the foregoing, Defendants issued the license to Universal Pictures

in complete disregard of Plaintiffs’ copyright.

80. Plaintiffs have suffered and continue to suffer irreparable harm and

injury as a result of the aforesaid infringing acts of Defendants and Plaintiffs are

without an adequate remedy at law, in that damages are extremely difficult to

ascertain and, unless injunctive relief is granted as prayed for herein, Plaintiffs will

be required to pursue a multiplicity of actions.

81. Plaintiffs have sustained damages as a result of Defendants’ wrongful

acts as hereinabove alleged. Defendants failed to credit David Pryor and Thunder

& Lightning, resulting in economic damage to Plaintiffs.





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well as Defendants’ profits pursuant to 17 U.S.C. § 504(b).






85. Plaintiffs have also suffered and continue to suffer irreparable harm

and injury as a result of the aforesaid infringing acts of Defendants and Plaintiffs

are without an adequate remedy at law, in that damages are extremely difficult to

ascertain and, unless injunctive relief is granted as prayed for herein, Plaintiffs will

be required to pursue a multiplicity of actions. Defendants’ conduct is causing,

and unless enjoined and restrained by this Court will continue to cause, Plaintiffs

great and irreparable injury that cannot fully be compensated for or measured in

money. Plaintiffs have no adequate remedy at law. Pursuant to 17 U.S.C. § 502,

Plaintiffs are entitled to a preliminary and permanent injunction prohibiting further

infringements of their copyright and exclusive rights under copyright.

/ /

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SEVENTH CLAIM FOR RELIEF

(Copyright Infringement – Def Jam Rap Star/ “ I Get Around” )

[Against Konami, Terminal, Autumn]



87. Within three years of this action, Plaintiffs discovered that on October

5, 2010, Konami, Terminal, and Autumn manufactured, developed, and published

the popular video game, Def Jam Rap Star, which incorporates the infringing

musical recording, “I Get Around” by rap artist, Tupac Shakur.

88. The infringement in Def Jam Rap Star occurs where “I Get Around”

is incorporated and wherein David Pryor’s recorded vocal performance is heard

repeatedly exclaiming “Step Up!” behind the vocal performance of Tupac Shakur.

The “Step Up” sample starts approximately at 0:13 (4x), repeats throughout the

recording at 0:24 seconds (1x); 1:08 seconds (7x); 2:09 seconds (7x); at 2:27

seconds (4x); 3:07 seconds (8x); at 3:47 seconds (13x).


copyright in the Record by, inter alia, incorporating a sample of the Record in Def

Jam Rap Star’s “I Get Around,” then distributing millions of copies of the

infringing video game in various media throughout the world. The exclusive right

to make copies of the Record was further violated by the unauthorized duplication

and distribution of the sample. The exclusive right to prepare derivative works of




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the Record was further violated by sampling and looping Pryor’s voice throughout

the musical recording, “I Get Around.” Last but not least, Defendants violated

Plaintiffs’ exclusive right to perform the Record in public by including the

unauthorized sample of the Record in the video game.
















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EIGHTH CLAIM FOR RELIEF

(Contributory Infringement – Def Jam Rap Star/ “I Get Around”]

[Against UMG]



Defendant UMG materially contributed to, induced, and/or caused the

infringement of Plaintiffs’ Record by committing the following acts:

94. Plaintiffs are informed and believe that UMG granted a license to

Konami, Terminal, and Autumn, to include the infringing recording, “I Get

Around” in Def Jam Rap Star. Upon issuing the license, UMG represented and

warranted that “I Get Around” was original, that UMG was authorized to grant the

license, and that such license would not violate the rights of third parties. Relying

upon such representations, Konami, Terminal, and Autumn agreed to use “I Get

Around” in Def Jam Rap Star.

95. UMG knew, however, that “I Get Around” contained an unauthorized

sample of Plaintiff’s Record but acted in complete disregard of Plaintiffs’ rights.

The Record contained a copyright notice showing that it was registered in 1975.

Moreover, the Composition has been registered since 1974. By virtue of UMG

producing and delivering to these third parties an infringing recording under the

guise that it was original and did not contain an unauthorized sample, UMG

materially contributed, caused, or induced the infringement by Konami, Terminal,




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and Autumn.

96. Plaintiffs are entitled to recover from Defendant UMG the damages

Plaintiffs have sustained and will sustain, and all gains, direct and indirect profit

and advantages obtained by defendants as a result of defendants’ acts of

infringement, or at Plaintiffs’ election and as to those infringements for which

statutory damages are available, statutory damages of at least $150,000 or such

greater amount as may be permitted by law.

NINTH CLAIM FOR RELIEF

(Declaration of Joint Authorship and Equitable Accounting –

“I Get Around” by Tupac Shakur)

(Against UMG)





Determining Heirs.


Defendant released a sound recording, entitled “I Get Around,” copyright

registration for which was made in 1993 [Reg. No. SR0000178329]. The

copyright registration omits Pryor’s contribution to the sound recording insofar as

the recording repeatedly incorporates a sample of Pryor’s recorded vocal




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performance from the Record, exclaiming “Step Up!” at various time intervals.

Defendant UMG has incorporated Pryor’s voice from the Record without

compensating Plaintiffs or Pryor for its use.

100. Defendant has never expressly and openly repudiated Plaintiffs’

copyright interest as a co-owner of “I Get Around.” Nor did Plaintiffs or their

predecessor-in-interest Pryor commit any overt act that would constitute an

abandonment or forfeiture of their copyright interest in the sound recording, “I Get

Around.”


recording, “I Get Around” and, thus, are entitled to participate as co-owners and/or


accountings.


in and to the sample used in “I Get Around.” Further, an actual controversy exists

concerning Plaintiffs’ right to receive accountings, as well as past and future

royalties for Defendant UMG’s use of the Pryor sample contained in “I Get

Around.”


Defendant UMG, pursuant to 28 U.S.C. § 2201, decreeing that “I Get Around” is a

“joint work” under 17 U.S.C. § 101; that Pryor was a co-author of “I Get Around,”

and co-owner thereof, under 17 U.S.C. § 201(a); that Pryor was a qualified




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copyright claimant with respect to “I Get Around,” under 37 C.F.R. § 202.3(a)(3),

when “I Get Around” was first fixed in a tangible medium of expression; that the

registration for “I Get Around” has been held in constructive trust by UMG, and

must be supplemented to reflect Plaintiffs’ status as a co-author, co-owner, and

copyright co-claimant; that Plaintiffs are an author’s “children” with respect to “I

Get Around,” under 17 U.S.C. § 101; that Plaintiffs inherited ownership interest in

“I Get Around” upon Pryor’s death, pursuant to 17 U.S.C. § 201(d)(1), and became

co-owners, co-beneficial owners, and/or co-claimants thereof with Defendant

UMG holding an indivisible fifty percent (50%) ownership interest or an

alternative percentage which shall be determined in the interest of justice; that

Plaintiffs may record, with the United States Copyright Office, their status as heirs

and successors to Pryor’s interest in “I Get Around,” under 17 U.S.C. § 205; that

Plaintiffs may publish and otherwise exploit “I Get Around,” independently of

Defendant UMG, and enjoy, exercise, and enforce all other rights, benefits, and

causes of action accorded to copyright owners with respect thereto.

TENTH CLAIM FOR RELIEF

(Copyright Infringement –

Tony Hawk’s Underground /“The Next Step II”

(Against Activision)



105. Within three years of filing this action, Plaintiffs discovered that in




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October 2003, just before Pryor entered the hospital, Defendant Activision

published an infringing video game, titled Tony Hawks Underground , which

includes an infringing musical recording, titled “The Next Step II,” featuring hip

hop group, People Under the Stairs. Tony Hawks Underground aka THUG, is a

skateboarding video game developed for the PlayStation 2, Nintendo GameCube,

Game Boy Advance, and Xbox platforms. A Microsoft Windows version was

released exclusively in Australia as a budget release in 2004, ported by Beenox.

106. THUG infringes the Record because “The Next Step II” used in the

video game contains an unauthorized sample of Pryor’s recorded voice from the

Record, exclaiming “Step Up Front!,” which repeats approximately nine (9) times

at approximately .06 seconds to 0.11 seconds (3x); 1:38 (1x); 3:04 (1x); 3:09 (1x);

3:12 (1x); 3:17 (1x); 3:19 (1x).



THUG, then distributing millions of copies of the infringing video game in various

media throughout the world. The exclusive right to make copies of the Record was



and looping Pryor’s voice in the video game. Last but not least, Defendants

violated Plaintiffs’ exclusive right to perform the Record in public by including the

unauthorized sample of the Record in the video game.




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ELEVENTH CLAIM FOR RELIEF

(Copyright Infringement – Tony Hawk Project 8 / “Smack”)

[Against Activision]



112. Within three years of filing this action, Plaintiffs discovered that in




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November 2006 and continuing throughout 2007, Activision manufactured,

developed, and published the popular video game, Tony Hawk Project 8, which

incorporates the infringing musical recording, “Smack,” featuring Ugly Duckling.

Ugly Duckling is an American hip hop group that comprises of Dustin McFarland

aka Dizzy Dustin, Rodney Pleasant, Jr. aka Young Einstein, and Andy Cooper aka

Andy Cat. The recording, “Smack,” was originally released by Fat Beats Records

in April 2006, as a single and as part of the album, titled Bang for the Buck .

113. Since 2006, Activision has subsequently repackaged and re-released

Tony Hawk Project 8 in foreign countries through the world, including Europe and

Asia.

114. Tony Hawk's Project 8 is the eighth installment in the Tony Hawk

series of video games. It was released by Activision on sixth-generation consoles

for PlayStation 2 and Xbox and seventh-generation consoles for Xbox 360 and

PlayStation 3. The game's award-winning soundtrack featured 57 tracks from a

variety of artists, including Ugly Duckling’s “Smack.”

115. The sound recording, “Smack” incorporates an unauthorized sample

of Plaintiffs’ Record because it specifically includes the recorded Bumpin’ Bus

Stop drumbeat breakdown from the Record, starting at 3:28 of “Smack.” The fixed

recording of the Bumpin’ Bust Stop drumbeat arrangement from the Record is

original and Defendant’s literal sampling and copying of that portion of the Record

constitutes infringement.




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“Smack,” then distributing copies of the infringing video game in various media

throughout the world. The exclusive right to make copies of the Record was


The exclusive right to prepare derivative works of the Record was further violated

by sampling and looping Pryor’s voice in the video game. Last but not least,


including the unauthorized sample of the Record in the video game.
















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TWELFTH CLAIM FOR RELIEF

(Copyright Infringement – Skate It / “Step In the Arena”

(Against EA)



121. Upon information belief, within three years of this action, Plaintiffs

discovered that on or about November 2008, EA manufactured and published an

infringing video game, titled Skate It , which incorporates the musical recording,

“Step In the Arena,” by rap music group, Gang Starr, which comprises of

Christopher Martin, also known as, DJ Premier, and Keith Elam also known as

Guru. The musical recording, “Step In the Arena,” was selected as one of The

Source Magazine’s 100 Best Hip Hop Albums.

122. “Step In the Arena” was Gang Starr’s title track for the album released

by EMI Records, which is now owned and controlled by UMG. The musical

recording was then released by EA in 2008, as part of the Skate It video game.

123. The infringing recording contains a sample of Pryor’s recorded vocal

performance from Plaintiffs’ Record, wherein Pryor exclaims “Step Up!” The

sample appears in “Step In the Arena” at .13 seconds approximately twenty (20)




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times and repeats throughout the infringing recording, including at approximately

1:08 seconds (8x). In 2011, in a public interview, DJ Premier candidly admitted

that he sampled and incorporated David Pryor’s voice from the Record in “Step in

the Area” without Pryor’s permission. DJ Premier further admitted that Shock G

used the same “Step Up” sample from the Record in Tupac Shakur’s “I Get

Around.”

124. Upon information and belief, the Defendant EA has infringed

Plaintiffs’ copyright in the Record by, inter alia, incorporating a sample of the

Record in Skate It, then distributing copies of the infringing video game in various




by sampling and looping Pryor’s voice throughout the musical recording, “Step In

the Arena.” Last but not least, Defendants violated Plaintiffs’ exclusive right to

perform the Record in public by including the unauthorized sample of the Record

in the video game.


plaintiffs’ exclusive rights under copyright, Plaintiffs are entitled to damages as







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THIRTEENTH CLAIM FOR RELIEF

(Copyright Infringement— Skate 2 / “Step in the Arena”

[Against EA]



129. Upon information belief, within three years of this action, Plaintiffs

discovered that on or about January 2009, EA manufactured and published an

infringing sequel to its Skate It video game, titled Skate 2, which again

incorporates the musical recording, “Step In the Arena,” by rap music group, Gang

Starr, featuring artists Christopher Martin, also known as, DJ Premier, and Keith

Elam also known as Guru.




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130. The infringing recording contains an unauthorized sample of Pryor’s

voice from the Record, wherein Pryor exclaims “Step Up!” The sample repeatedly

appears in “Step In the Arena” at 0:13 seconds approximately twenty (20) times

then repeats throughout the infringing recording, including at approximately 1:08

seconds (8x).

131. Upon information and belief, the Defendant has infringed Plaintiffs’


Skate It’s “Step In the Arena,” then distributing copies of the infringing video

game in various media throughout the world. The exclusive right to make copies

of the Record was further violated by the unauthorized duplication and distribution

of the sample. The exclusive right to prepare derivative works of the Record was

further violated by sampling and looping Pryor’s voice throughout the musical

recording, “Step In the Arena.” Last but not least, Defendants violated Plaintiffs’

exclusive right to perform the Record in public by including the unauthorized

sample of the Record in the video game.










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FOURTEENTH CLAIM FOR RELIEF


“Step In the Arena”

[Against UMG]





Determining Heirs.

137. Upon performing an investigation, Plaintiffs have discovered that

Defendant released a sound recording, entitled “Step In the Arena” [Reg. No.

SR000013077].





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recording insofar as the recording repeatedly incorporates a sample of Pryor’s

recorded vocal performance from the Record, exclaiming “Step Up!” at various

time intervals. Defendant UMG has incorporated Pryor’s voice from the Record

without compensating Plaintiffs or Pryor for its use.


copyright interest in “Step In the Arena.” Nor did Plaintiffs or their predecessor-

in-interest Pryor commit any overt act that would constitute an abandonment or

forfeiture of their copyright interest in the sound recording, “Step In the Arena.”


recording, “Step In the Arena” and, thus, are entitled to participate as co-owners

and/or beneficial co-owners of the sound recording, including payment of royalties

and accountings.


in and to the sample used in “Step In the Arena.” Further, an actual controversy

exists concerning Plaintiffs’ right to receive accountings, as well as past and future

royalties for Defendant UMG’s use of the Pryor sample contained in “Step in the

Arena.”


Defendant UMG, pursuant to 28 U.S.C. § 2201, decreeing that “Step In the Arena”

is a “joint work” under 17 U.S.C. § 101; that Pryor was a co-author of “Step In the

Arena,” and co-owner thereof, under 17 U.S.C. § 201(a); that Pryor was a qualified




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copyright claimant with respect to “Step In the Arena,” under 37 C.F.R. §

202.3(a)(3), when “Step In The Arena” was first fixed in a tangible medium of

expression; that the registration for “Step In the Arena” has been held in

constructive trust by UMG, and must be supplemented to reflect Plaintiffs’ status

as a co-author, co-owner, and copyright co-claimant; that Plaintiffs are an author’s

“children” with respect to “Step In the Arena,” under 17 U.S.C. § 101; that

Plaintiff inherited ownership interest in “Step In the Arena” upon his death,

pursuant to 17 U.S.C. § 201(d)(1), and became co-owners, co-beneficial owners,

and/or co-claimants thereof with Defendant UMG holding an indivisible fifty

percent (50%) ownership interest or an alternative percentage which shall be

determined in the interest of justice; that Plaintiffs may record, with the United

States Copyright Office, their status as heirs and successors to Pryor’s interest in

“Step In The Arena,” under 17 U.S.C. § 205; that Plaintiffs may publish and

otherwise exploit “Step In the Arena,” independently of Defendant UMG, and

enjoy, exercise, and enforce all other rights, benefits, and causes of action accorded

to copyright owners with respect thereto.

FIFTEENTH CLAIM FOR RELIEF

Contributory Copyright Infringement – “Get Down”

[Against Roc-A-Fella and UMG]






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144. Upon information and belief, Defendants UMG and Roc-A-Fella have

materially contributed, induced, and/or caused the infringement by On the Low

Records as follows:


2005, while Pryor was hospitalized and mentally incapacitated, Roc-A-Fella in

association with Defendant UMG, granted a license to On the Low Records

authorizing its use of an infringing musical recording by Dwight Grant aka Beanie

Sigel, entitled “Get Down,” which copies and incorporates an unauthorized sample

of the Record, thereby infringing Plaintiffs’ copyright in the Record. The

infringing recording, “Get Down,” is contained on the compilation album entitled

Public Enemy #1 Mixtape, released by On the Low. “Get Down” was produced by

Kanye West, Ernest Dion Wilson aka No I D, Rick Rock, Just Blaze, 88 keys, Sha

Shelf, Bernard Parker.

146. “Get Down” incorporates an unauthorized sample of David Pryor’s

vocal performance from the Record, exclaiming “Get Down!” at approximately .04

seconds (1x), then at 0:15 seconds (1x), at :19 seconds (18x), at :27 seconds (1x).

The infringing record samples “Get” at 3:40 seconds (5x), “Get Down” at 3:42

(1x); “Get Down” at 3:51 (5x); “Get Down” at 3:53 (1x); at 4:08-4:57 “Get Down,

Down, Down, Down, Down, Get Down with the!” and repeated to the end.

147. Plaintiffs are informed and believe that Defendants re-released the

infringing recording for digital downloads on or about April 2006.




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148. Plaintiffs are informed and believe that Defendants, and each of them,

warranted and represented to On the Low that “Get Down” was an original work,

that it had authority to license the work, and that it did not violate the copyright of

any third parties. Relying upon such warranties and representations, On the Low

Records agreed to use “Get Down” in the compilation album.

149. Defendants knew that “Get Down” contained an unauthorized

sample of Plaintiffs’ Record but acted in complete disregard of Plaintiffs’ rights.

The Record contained a copyright notice placing Defendants on actual or

constructive notice that it was subject to copyright and was registered in 1975.

Moreover, Defendants had an established system of policies and procedures in

place to clear samples and avoid infringement of third party copyrights, but it

knowingly disregarded those procedures. Such actions materially contributed to,

caused, and/or induced the infringement allege herein.

150. Defendants have contributorily infringed Plaintiffs’ copyright by,

inter alia, licensing “Get Down,” and the unauthorized samples of the Record

contained therein, to On the Low Records, which materially induced, contributed

to, and/or caused On the Low Records to distribute copies of “Get Down” to the

public. The exclusive right to make copies of the Record was further violated by

the unauthorized duplication and distribution of the sample. The exclusive right to

prepare derivative works of the Record was further violated by sampling and




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looping Pryor’s voice throughout the musical recording, “Get Down.” Last but not


public by including the unauthorized sample of the Record in the infringing sound

recording.

151. Plaintiff is entitled to recover from Defendants the damages plaintiffs

have sustained and will sustain, and all gains, direct and indirect profit and

advantages obtained by Defendants as a result of Defendants’ acts of infringement

or at Plaintiffs’ election and as to those infringements for which statutory damages

are available, statutory damages of at least $150,000 or such greater amount as

may be permitted by law.

SIXTEENTH CLAIM FOR RELIEF

(Copyright Infringement – Players of the Game)

[Against Stones Throw, Caroline]



153. Upon information and belief, within three years of this action,

Plaintiffs discovered that on or about 2005, while Pryor was hospitalized and

mentally incapacitated, Stones Throw and Caroline produced, manufactured, and

distributed an infringing recording, titled “Players of the Game,” which is part of

the album, titled The Future Adventures of Lord Quas, featuring rap artist, Otis Lee

Jackson, Jr., also known as Madlib or Quasimoto,




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154. The infringing record contains a sample of Pryor’s voice from the

Record, exclaiming “Let me show you something! . . . Step up front, you dig . . .

Get Down!,” which starts at approximately 2:07 seconds.


copyright in the Record by, inter alia, incorporating an unauthorized sample of the

Record in “Players of the Game” then distributing copies of the infringing

recording in various media throughout the world. The exclusive right to make

copies of the Record was further violated by the unauthorized duplication and

distribution of the sample. The exclusive right to prepare derivative works of the

Record was further violated by sampling and looping Pryor’s voice throughout the

musical recording, “Players of the Game.” Last but not least, Defendants violated


unauthorized sample of the Record in the infringing recording.











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SEVENTEENTH CLAIM FOR RELIEF

(Copyright Infringement – “Official” by Q-Tip)

[Against UMG]




Plaintiffs discovered that, on or about November 6, 2008, Defendant UMG, by and

through its record label Universal Motown Records, produced, manufactured

and/or distributed an infringing sound recording by Jonathan Davis aka Q-Tip,

entitled “Official,” which copies and incorporates an unauthorized sample of the

Record, thereby infringing Plaintiffs’ copyright. The infringing recording,

“Official,” is contained on the album entitled The Renaissance, released by UMG.

“Official” was produced by Jonathan Davis aka Q-Tip.




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161. Specifically, “Official” incorporates and scratches into the recording

an unauthorized sample of David Pryor’s vocal performance from the Record,

exclaiming “It’s The . . .” at approximately 0:2 seconds (2x), at :07 seconds (5x), at

0:16 seconds (5x), and at 1:26 (25x).



“Official” then distributing copies of the infringing Record in various media




and looping Pryor’s voice throughout the musical recording, “Official.” Last but

not least, Defendants violated Plaintiffs’ exclusive right to perform the Record in

public by including the unauthorized sample of the Record in “Official.”












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EIGHTEENTH CLAIM FOR RELIEF(Copyright Infringement—“Dance on the Glass”)

[Against UMG]




Plaintiffs discovered that, on or about November 6, 2008, Defendant UMG, by and

through its label Universal Motown Records, recorded, produced, manufactured

and/or distributed an infringing sound recording by Jonathan Davis aka Q-Tip,

entitled “Dance on the Glass,” which copies and incorporates an unauthorized

sample of the Record, thereby infringing Plaintiffs’ copyright. The infringing

recording, “Dance on the Glass,” is contained on the album entitled The

Renaissance, released by UMG. “Dance on the Glass” was produced by Jonathan

Davis aka Q-Tip.




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168. “Dance on the Glass” samples the Record by incorporating Pryor’s

voice from the Record, wherein Pryor exclaims: “It’s the Hottest Thing” at 2:29

seconds (1x) and 2:40 seconds (1x) of the infringing recording.



“Dance on the Glass” then distributing copies of the infringing Record in various




by sampling and looping Pryor’s voice throughout the musical recording, “Dance

on the Glass.” Last but not least, Defendants violated Plaintiffs’ exclusive right to

perform the Record in public by including the unauthorized sample of the Record

in “Dance on the Glass.”












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NINETEENTH CLAIM FOR RELIEFCopyright Infringement—“The Payback Gotta”

[Against Stones Throw, Caroline]




March 21, 2006, while Pryor was hospitalized and mentally incapacitated, Stones

Throw and Caroline Distribution manufactured and released an infringing

recording, titled “The Payback Gotta,” which was part of the album, titled Beat

Konducta Vol. 1-2: Movie Scenes, featuring Otis Jackson, Jr. aka Madlib. The

recording was produced by executive producer, Chris Manak, also known as

Peanut Butter Wolf.

175. The infringing recording, “The Payback Gotta” incorporates an

unauthorized sample of the Record, specifically the voice of David Pryor from the

Record, exclaiming, “Step Up!” beginning at 0:01 seconds.




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“The Payback Gotta,” then distributing copies of the infringing Record in various




by sampling and looping Pryor’s voice throughout the musical recording, “The

Payback Gotta.” Last but not least, Defendants violated Plaintiffs’ exclusive right

to perform the Record in public by including the unauthorized sample of the

Record in “The Payback Gotta.”















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TWENTIETH CLAIM RELIEF

Copyright Infringement— “Cold Cutz”

[Against Bomb, Caroline, Fat Beats]


1 through 179 as if fully set forth herein


August 1, 2004, while Pryor was hospitalized and mentally incapacitated, Bomb,

Fat Beats, and Caroline manufactured and distributed an infringing recording,

titled “Cold Cutz,” as part of the album Audio Technician, featuring DJ JS-1 aka

William Tramontozzi.

182. The infringing recording, “Cold Cutz,” incorporates an unauthorized

sample of Plaintiffs’ Record at approximately 2:20 seconds, wherein Pryor’s voice

from the Record is heard exclaiming, “Step Up!” at least, three times.



“Cold Cutz” then distributing copies of the infringing recording in various media





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by sampling and looping Pryor’s voice throughout the musical recording, “Cold

Cutz.” Last but not least, Defendants violated Plaintiffs’ exclusive right to perform

the Record in public by including the unauthorized sample of the Record in the

infringing recording.

184. Plaintiffs are informed and believe that Defendants knew at all times

relevant that the Record was the original expression of Pryor, was no the original

expression of Defendant, or anyone else.















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TWENTY-FIRST CLAIM FOR RELIEF


“Dance on the Glass”)

[Against UMG]


1 through 189 as if fully set forth herein,



Determining Heirs.


Defendant released a sound recording, entitled “Dance on the Glass,” as part of the

album, titled Renaissance by Jonathan Davis aka Q-Tip, the copyright registration

for which was made in 2008 [Reg. No. SR0000619991]. The copyright

registration omits Pryor’s contribution to the sound recording insofar as the

recording repeatedly incorporates a sample of Pryor’s recorded vocal performance

from the Record, exclaiming “It’s the Hottest Thing!” at various time intervals.

Defendant UMG has incorporated Pryor’s voice from the Record without




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compensating Plaintiffs or Pryor for its use.


copyright interest in “Dance on the Glass.” Nor did Plaintiffs or their predecessor-

in-interest Pryor commit any overt act that would constitute an abandonment or

forfeiture of their copyright interest in the sound recording, “Dance on the Glass.”


recording, “Dance on the Glass” and, thus, are entitled to participate as co-owners

and/or beneficial co-owners of the sound recording, including payment of royalties

and accountings.


in and to the sample used in “Dance on the Glass.” Further, an actual controversy

exists concerning Plaintiffs’ right to receive accountings, as well as past and future

royalties for Defendant UMG’s use of the Pryor sample contained in “Dance on the

Glass.”


Defendant UMG, pursuant to 28 U.S.C. § 2201, decreeing that “Dance on the

Glass” is a “joint work” under 17 U.S.C. § 101; that Pryor was a co-author of

“Dance on the Glass,” and co-owner thereof, under 17 U.S.C. § 201(a); that Pryor

was a qualified copyright claimant with respect to “Dance on the Glass,” under 37

C.F.R. § 202.3(a)(3), when “Dance on the Glass” was first fixed in a tangible

medium of expression; that the registration for “Dance on the Glass” has been held




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in constructive trust by UMG, and must be supplemented to reflect Plaintiffs’

status as a co-author, co-owner, and copyright co-claimant; that Plaintiffs are an

author’s “children” with respect to “Dance on the Glass,” under 17 U.S.C. § 101;

that Plaintiff inherited ownership interest in “Dance on the Glass” upon his death,

pursuant to 17 U.S.C. § 201(d)(1), and became co-owners, co-beneficial owners,

and/or co-claimants thereof with Defendant UMG holding an indivisible fifty

percent (50%) ownership interest or an alternative percentage which shall be

determined in the interest of justice; that Plaintiffs may record, with the United

States Copyright Office, their status as heirs and successors to Pryor’s interest in

“Official,” under 17 U.S.C. § 205; that Plaintiffs may publish and otherwise

exploit “Dance on the Glass” independently of Defendant UMG, and enjoy,

exercise, and enforce all other rights, benefits, and causes of action accorded to

copyright owners with respect thereto.

TWENTY-SECOND CLAIM FOR RELIEF


“Sunny Hours” by Long Beach Dub Allstars featuring will.i.am

[Against UMG]





Determining Heirs.




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197. Upon performing an investigation, Plaintiffs have discovered that

Defendant released a sound recording, entitled “Sunny Hours,” copyright

registration for which was made by UMG-owned label, DreamWorks Records, in

2001 [Reg. No. SR0000301452]. “Sunny Hours” was recorded by music group,

Long Beach Dub Allstars, as part of its album titled Wonders of the World, and

features guest recording artist, will.i.am. The current members of the group

include: Opie Ortiz, Jack Maness, Ed Kampwith, Michael “Miguel” Happoldt, and

Marshall Goodman.



recorded vocal performance from the Record, exclaiming “Step Up!” at various

time intervals. Defendant UMG has incorporated Pryor’s voice from the Record

without compensating Plaintiffs or Pryor for its use. Specifically, the sample of

Pryor’s voice can be heard at approximately 0:03 seconds (1x), at 0:58 seconds

(1x); at 1:58 seconds (1x); and at 3:04 seconds (1x) in the infringing recording.


copyright interest in “Sunny Hours.” Nor did Plaintiffs or their predecessor-in-

interest, Pryor, commit any overt act that would constitute an abandonment or

forfeiture of their copyright interest in the sound recording, “Sunny Hours.”


recording, “Sunny Hours” and, thus, are entitled to participate as co-owners and/or




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accountings.


in and to the sample used in “Sunny Hours.” Further, an actual controversy exists


royalties for Defendant UMG’s use of the Pryor sample contained in “Sunny

Hours.”


Defendant UMG, pursuant to 28 U.S.C. § 2201, decreeing that “Sunny Hours” is a

“joint work” under 17 U.S.C. § 101; that Pryor was a co-author of “Sunny Hours,”


copyright claimant with respect to “Sunny Hours,” under 37 C.F.R. § 202.3(a)(3),

when “Sunny Hours” was first fixed in a tangible medium of expression; that the

registration for “Sunny Hours” has been held in constructive trust by UMG, and

must be supplemented to reflect Plaintiffs’ status as a co-author, co-owner, and

copyright co-claimant; that Plaintiffs are an author’s “children” with respect to

“Sunny Hours,” under 17 U.S.C. § 101; that Plaintiffs inherited ownership interest

in “Sunny Hours” upon his death, pursuant to 17 U.S.C. § 201(d)(1), and became

co-owners, co-beneficial owners, and/or co-claimants thereof with Defendant

UMG holding an indivisible fifty percent (50%) ownership interest or an

alternative percentage which shall be determined in the interest of justice; that




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Plaintiffs may record, with the United States Copyright Office, their status as heirs

and successors to Pryor’s interest in “Sunny Hours,” under 17 U.S.C. § 205; that

Plaintiffs may publish and otherwise exploit “Sunny Hours,” independently of

Defendant UMG, and enjoy, exercise, and enforce all other rights, benefits, and

causes of action accorded to copyright owners with respect thereto.

TWENTY-THIRD CLAIM FOR RELIEF

(Copyright Infringement – Joey (TV Series and DVDs)

[Against NBCUniversal and Warner Bros. Entertainment]



204. Within three years of this action, Plaintiffs discovered that in

September 9, 2004, while Pryor was in the hospital and mentally incapacitated,

Warner Bros. Entertainment and NBCUniversal, by and through its television

network, NBC, aired a television series, titled Joey. Joey is an American sitcom, a

spin-off from the popular series, Friends, which stars Matt LeBlanc reprising his

role as Joey Tribbiani. It premiered on the NBC television network, on September

9, 2004, in the former time slot of its parent series, Thursday nights at 8:00 p.m.

205. Warner Bros. Entertainment and NBCUniversal unlawfully use the

infringing work “Sunny Hours” as their theme song for Joey, which plays for

approximately 30 seconds during the opening and closing credits of each of the

show’s 46 episodes. The infringement in Joey occurs where “Sunny Hours” is




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played during the opening credits of each episode, wherein Dave Pryor’s recorded

vocal performance is heard, saying “Step Up!” (1x) at approximately 0:15 into the

theme song. In addition, the infringement also occurs where “Sunny Hours” is

played during the end credits of each episode at :15, where Pryor’s voice is heard

saying “Step Up!.”

206. The series did well in the Nielsen ratings in its first season (2004–

2005) and was subsequently renewed for a second season (2005–2006).

207. The show was pulled from its Thursday-night timeslot in December

2005, and NBC returned the show in a new timeslot (Tuesdays at 8pm) on March

7, 2006. The network pulled the series after the first Tuesday broadcast and its

cancellation was announced on May 15, 2006. The remaining episodes have never

been broadcast by NBC, but have been shown on various other networks around

the world.

208. The complete first season of Joey was released on DVD on May 30,

2006, with all 24 episodes and French and Spanish subtitles. The complete second

season of Joey was released on April 29, 2008 in Canada and on September 10,

2008 in the Netherlands and September 11, 2008 in Portugal.


copyright in the Record by, inter alia, incorporating a sample of the Record in Joey

then distributing copies of the infringing television theme song in various media





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further violated by the unauthorized duplication and distribution of the sample as

part of Joey theme song. The exclusive right to prepare derivative works of the

Record was further violated by including Pryor’s voice in the theme song, which

aired in every episode of the television series. Last but not least, Defendants


unauthorized sample of the Record in the theme song and each episode of the

television series.

210. Plaintiffs are informed and believe that Defendants knew at all times

relevant that the Record was the original expression of Pryor, was no the original

expression of Defendant, or anyone else.














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TWENTY-FOURTH CLAIM FOR RELIEF

(Contributory Copyright Infringement –

Joey (TV Series and DVDs))

[Against UMG]

214. Upon information and belief, Defendants have materially contributed

to, induced, and contributed to the infringement of the Record by third parties by

committing acts, including but not limited to, the following:


September 2004, while Pryor was in the hospital and mentally incapacitated,

UMG, by and through its record label DreamWorks Records, licensed to television

producer, Warner Bros. Entertainment, and NBCUniversal, a non-exclusive use of

“Sunny Hours” to be included in the opening theme song for the television series,

titled Joey, airing on NBC television network.

216. The infringement in Joey occurs where “Sunny Hours” is featured in

during the opening credits of each episode, wherein Dave Pryor’s recorded vocal

performance is heard, saying “Step Up” at approximately 0:15. The infringement

also occurs where “Sunny Hours” is featured during the end credits of each episode




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at :15, where Pryor’s voice is heard saying “Step Up!.”

217. The foregoing acts of infringement by Defendant has been willful,


rights. The copyright in and to the Record has been registered with a copyright

notice since 1975.

218. The Defendants have infringed Plaintiffs’ copyright in the Record by,

inter alia, incorporating a sample of the Record in Joey, then causing copies of the

infringing television series in various media throughout the world. Defendants


recording sample. The exclusive right to make copies was further violated by the

unauthorized duplication and distribution of the sample. The exclusive right to

prepare derivative works of the Record was further violated by sampling and

looping Pryor’s voice throughout the musical recording. Last but not least,












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TWENTY-FIFTH CLAIM FOR RELIEFCopyright Infringement --

Tupac Shakur: Resurrection Motion Picture and Music Soundtrack

[Against Paramount Pictures]




November 2003, just prior to Pryor entering into the hospital, Defendant

Paramount Picture released Tupac: Resurrection, a documentary about the life and

death of rapper, Tapac Shakur. The film, directed by and released by Paramount




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Pictures, is narrated by Tupac Shakur himself. The film was in theaters from

November 16, 2003 to December 21, 2003. As of July 1, 2008 it had earned over

$7.8 million, making it the 21st-highest-grossing documentary film in the United

States. The film was nominated for the Academy Award for Best Documentary

Feature at the 77th Academy Awards.

226. The infringing recording, “I Get Around,” was licensed to Paramount

by and through UMG. The infringing film, Tupac Shakur: Resurrection

incorporates the infringing sound recording, “I Get Around,” in the film. In

addition, the song “I Get Around” is separately featured in the music soundtrack

promoting the film. The film was later repackaged and re-released by Paramount

in multiple formats, including DVD, Blue-Ray, and through digital media.



Tupac Shakur: Resurrection, then distributing copies of the infringing copies of

the infringing film throughout the world. The exclusive right to make copies of the

Record was further violated by the unauthorized duplication and distribution of the

sample. The exclusive right to prepare derivative works was further violated by

sampling and looping Pryor’s voice in the film. Last but not least, Defendants


unauthorized sample of the Record in the film.





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TWENTY-SIXTH CLAIM FOR RELIEF

Copyright Infringement-- “All Caps”

(Stones Throw)



232. Within three years of this action, Plaintiffs discovered that Stones

Throw produced and released in 2006 an infringing recording, titled “All Caps”

featuring rap group, Madvillain, as part of its album, Madvillainy. Madvillainy




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comprises artists, Otis Lee Jackson and Dumile Daniel Thompson. The recording

samples Bumpin Bus Stop’s original drum beat musical phrase and “Step” vocal

phrase.

233. Specifically, the unauthorized drum beat musical phrase appear at the

following times in the “All Caps” sound recording: 0:07 secs. through 0:28 secs.

The drumbeat phrase then repeats at 0:29 secs. to 0:33 secs., 0:34 secs. to 0:45

secs, 0:46 secs to 1:39 secs., 1:40 secs. to 1:44 secs.

234. “All Caps” also includes a sample from the Record by incorporating

Pryor’s performance of “Step” vocal phrases throughout the recording at the

following times: 0:08 secs. (4x) at the introduction; “Step” repeats at 0:12 secs.

(1x), at .17 secs. (1x), at 0:23 secs. (1x), at 0:56 secs. (1x), at 1:01 secs. (1x), at

1:12 secs. (1x), at1:23 sec. (1x), and at 1:28 secs. (1x).


copyright in the Record by, inter alia, incorporating a sample of the Record in “All

Caps,” then distributing copies of “All Caps” in various media throughout the



further violated by the unauthorized duplication and distribution of the sample. The

exclusive right to prepare derivative works of the Record was further violated by

sampling and looping Pryor’s voice throughout the musical recording. Last but not





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recording.

TWENTY-SEVENTH CLAIM FOR RELIEF

Contributory Infringement –

The Boondocks “Let’s Knab Oprah”

[Against Stones Throw]



237. Upon information and belief, Defendants have materially contributed

to, induced, and contributed to the infringement of the Record by third parties by

committing acts, including but not limited to, the following:

238. Within three years of this action, Plaintiffs discovered that Stones

Throw in 2006 licensed to Sony Pictures a non-exclusive use of “All Caps” in the

animated television series, titled The Boondocks, airing on the Cartoon Network.

Specifically, the infringing recording, “All Caps,” appears in The Boondocks

Season 1, Episode 11, entitled “Let’s Nab Oprah,” first airing on or about February

12, 2006.

239. As set forth above, the infringement in The Boondocks episode of

“Let’s Knab Oprah” occurs where “All Caps” is featured and where Dave Pryor’s

recorded vocal performance is repeatedly heard, saying “Step” and where the

Bumpin’ Bus Stop original drumbeat breakdown is sampled.




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240. The foregoing acts of infringement by Defendant has been willful,


rights. The copyright in and to the Record has been registered with a copyright

notice since 1975. Moreover, upon Stones Throw Records granting the license to

Cartoon Network, it warranted that it was the owner of an original work, that it had

the authority to grant such license, and that such license did not violate the rights

of third parties. Relying upon Stones Throw’s warranties and representations,

Cartoon Network agreed to use “All Caps” in The Boondocks television series. As

a result, Defendants materially caused, contributed to, and/or induced the

infringement alleged herein.


incorporating a sample of the Record in The Boondocks “Let’s Knab Oprah” then

causing copies of the infringing animated series in various media throughout the





and looping Pryor’s voice and drumbeat throughout the musical recording. Last

but not least, Defendants violated Plaintiffs’ exclusive right to perform the Record

in public by including the unauthorized sample of the Record in the musical

recording.




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/ /

/ /

/ /




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TWENTY-EIGHTH CLAIM FOR RELIEF

(Copyright Infringement – Step Up)

[Against Jake Records]



247. Within three years of this action, Plaintiffs discovered that Jake

Records produced and released in May 20, 2008, an infringing musical recording,

titled “Step Up” featuring rap group, Gregory Jacobs aka Shock G and Digital

Underground, as part of its album, Cuz A D.U. Party Don’t Stop. The producer on

the “Step Up” recording is Gregory Jacobs.

248. Jacobs is also the producer for the infringing recordings, “I Get

Around” by Tupac Shakur.

249. The infringing recording samples Pryor’s voice various times

throughout the Record. David Pryor’s recorded vocal performance from the

Record is heard repeatedly exclaiming “Step Up!” behind the vocal performance of

Tupac Shakur. The “Step Up” sample starts approximately at 0:13 (4x), repeats

throughout the recording at 0:24 seconds (1x); 1:08 seconds (7x); 2:09 seconds

(7x); at 2:27 seconds (4x); 3:07 seconds (8x); at 3:47 seconds (13x).


incorporating a sample of the Record in “Step Up” then causing copies of the

infringing animated series in various media throughout the world. Defendants




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prepare derivative works was further violated by sampling and looping Pryor’s

voice throughout the musical recording. Last but not least, Defendants violated


unauthorized sample of the Record in the musical recording.


















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TWENTY-NINTH CLAIM FOR RELIEF

(Copyright Infringement – “Ventilation”)

[Against Caroline, Bomb]


1 through 254as if fully set forth herein.

256. Within three years of this action, Plaintiffs discovered that Caroline

and Bomb manufactured, produced, and released on October 7, 2003, an infringing

musical recording, titled “Ventilation,” featuring rap group, William Tramontozzi

aka DJ JS-1, as part of its album, Return of the DJ Volume 5. Tramontozzi was

the producer on the “Ventilation” recording.

257. The infringing recording contains an unauthorized sample of Pryor’s

voice from the Record wherein Pryor exclaims: "Step Up Front!,” which starts at

2:26 seconds.


incorporating a sample of the Record in “Ventilation,” then causing copies of the

infringing animated series in various media throughout the world. Defendants





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prepare derivative works was further violated by sampling and looping Pryor’s

voice and drumbeat throughout the musical recording. Last but not least,





















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THIRTIETH CLAIM FOR RELIEF

(Copyright Infringement— Super Duper Duck Breaks, Side B




264. Within three years of this action, Plaintiffs discovered that in 2000,

Stones Throw released an infringing recording, titled, as part of an album, titled

Super Duper Duck Breaks, featuring artist Chris Oroc aka DJ Babu. The

infringing recording was produced by Chris Manak aka Peanut Butter Wolf and

engineer, Chad McNamara.

265. The infringement occurs on Side B of the sound recording as follows:

Pryor’s voice is heard exclaiming: “Hey gang, let me show you something. It’s

the hottest thing and it’s on its way to the top. Step Up Front! You Dig! Get down

with the Bust Stop.” (3:15 seconds) There is a guitar sample from the Record at

7:11. There is a sampled beat from the Record that plays at 6:19 seconds. There is

also a sample of “Step Up Front!” occurring at 7:12.

266. The Defendant has infringed Plaintiffs’ copyright in the Record by,

inter alia, incorporating a sample of the Record in Super Duper Duck Breaks, then




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causing copies of the infringing animated series in various media throughout the





and looping Pryor’s voice and drumbeat throughout the musical recording. Last

but not least, Defendants violated Plaintiffs’ exclusive right to perform the Record

in public by including the unauthorized sample of the Record in the musical

recording.
















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THIRTY-FIRST CLAIM FOR RELIEF

(Copyright Infringement—

“Step Up Breaks - Super Duck Breaks”)




272. Within three years of this action, Plaintiffs discovered that in 2012,

Stones Throw released an infringing recording in Japan, titled “Step Up Breaks -

Super Duck Breaks,” as part of an album, titled The Saga, featuring artist Chris

Oroc aka DJ Babu. The infringing recording was produced by Chris Manak aka

Peanut Butter Wolf and engineer, Chad McNamara.

273. The infringement occurs at 4:41 of the infringing recording, wherein

Pryor’s voice from the Record is heard twelve (12x) times, exclaiming “Step Up!”

throughout the infringing recording.

274. The Defendant has infringed Plaintiffs’ copyright in the Record by,

inter alia, incorporating a sample of the Record in Step Up Breaks-Super Duck




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Breaks, then causing copies of the infringing animated series in various media

throughout the world. Defendants violated the Plaintiffs’ exclusive right to

duplicate the Record by using the sound recording sample. The exclusive right to

make copies was further violated by the unauthorized duplication and distribution

of the sample. The exclusive right to prepare derivative works was further violated

by sampling and looping Pryor’s voice throughout the musical recording. Last but

not least, Defendants violated Plaintiffs’ exclusive right to perform the Record in


recording.
















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THIRTY-SECOND CLAIM FOR RELIEF

(Declaration of Joint Authorship and Equitable Accounting

–

“Get Down” by Craig Mack)

[Against Bad Boy]


allegations made in paragraph 1 through 256 as though fully set forth herein. 258.

280. Within three years of filing this action, Plaintiffs discovered that Bad

Boy recorded, produced, manufactured and/or distributed an infringing sound

recording by Craig Mack, entitled “Get Down,” [Reg. No. SR0000313015, which

copies and incorporates an unauthorized sample of the Record. The infringing

recording, “Get Down,” is contained on the album entitled Project Funk Da World ,

released by Bad Boy and UMG. The recording, “Get Down,” was produced by

Easy Moe Bee, Osten Harvey, Jonathan Davis aka Q-Tip. The engineers were

Bassy Brockman and Tim Lathan.

281. “Get Down” incorporates a sample of David Pryor’s vocal

performance from the Record, exclaiming “Get Down!” at approximately .46




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seconds, then loops and scratches the sample throughout the infringing recording at

1:49, 2:54- 3:43 (at least 52 times).



recorded vocal performance from the Record, exclaiming “Get Down”


copyright interest in “Get Down.” Nor did Plaintiffs or their predecessor-in-

interest, Pryor, commit any overt act that would constitute an abandonment or

forfeiture of their copyright interest in the sound recording, “Get Down.”


recording, “Get Down” and, thus, are entitled to participate as co-owners and/or


accountings.


in and to the sample used in “Get Down.” Further, an actual controversy exists


royalties for Defendant Bad Boy use of the Pryor sample contained in “Get

Down.”


Defendant Bad Boy, pursuant to 28 U.S.C. § 2201, decreeing that “Get Down” is a




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“joint work” under 17 U.S.C. § 101; that Pryor was a co-author of “Get Down,”


copyright claimant with respect to “Get Down,” under 37 C.F.R. § 202.3(a)(3),

when “Get Down” was first fixed in a tangible medium of expression; that the

registration for “Get Down” has been held in constructive trust by UMG, and must

be supplemented to reflect Plaintiffs’ status as a co-author, co-owner, and

copyright co-claimant; that Plaintiffs are an author’s “children” with respect to

“Get Down,” under 17 U.S.C. § 101; that Plaintiffs inherited ownership interest in

“Get Down” upon his death, pursuant to 17 U.S.C. § 201(d)(1), and became co-

owners, co-beneficial owners, and/or co-claimants thereof with Bad Boy, holding

an indivisible fifty percent (50%) ownership interest or an alternative percentage

which shall be determined in the interest of justice; that Plaintiffs may record, with

the United States Copyright Office, their status as heirs and successors to Pryor’s

interest in “Get Down,” under 17 U.S.C. § 205; that Plaintiffs may publish and

otherwise exploit “Get Down,” independently of Defendant Bad Boy, and enjoy,

exercise, and enforce all other rights, benefits, and causes of action accorded to

copyright owners with respect thereto.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray for judgment against Defendants as follows:

1. For an award of damages in an amount to be established at trial,




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including, without limitation, actual, statutory, and/or consequential damages and

disgorgement of all ill-gotten profits directly or indirectly derived from the

Defendants’ unlawful conduct;

2. For a court declaration of the parties’ rights and interests in the

recordings specified in the Second, Ninth, Fourteenth, Twenty-First, Twenty-

Second, and Thirty-Second Claims for Relief, including a determination of

equitable past and future accountings for the benefit of Plaintiffs;

3. For the imposition of a constructive trust and accountings of all

monies derived from the unlawful infringements of Plaintiffs’ Record;

4. For an immediate issuance of a preliminary restraining order

enjoining and restraining Defendants from using any infringing copyright material

and further copyright infringement;

5. For an issuance of a permanent injunction which shall permanently

and forever enjoin and restrain Defendants from taking any action which would

further harm the rights and interests of Plaintiffs;

6. For an award of attorneys’ fees and costs under, inter alia, 17 U.S.C.

§ 505;

7. For all other relief justified under the circumstances of this case.




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DATED: February 19, 2014 LAW OFFICES OF COURTNEY M. COATES

By: / s/ Courtney M. Coates COURTNEY M. COATES, ESQ.Attorneys for Plaintiffs TRENA STEWARDLORENZO PRYOR, KARLA RAY

DEMAND FOR JURY TRIAL

Pursuant to Local Civil Rule 38-1, Plaintiffs hereby demands a

jury and respectfully reserve their right to a jury trial.

LAW OFFICES OF COURTNEY M. COATES

By: /s/ Courtney M. Coates

COURTNEY M. COATES, ESQ.,Attorneys for Plaintiffs TRENASTEWARD, LORENZO PRYOR, andKARLA RAY


Documents

Steward v. West - Fourth Amended Complaint