Wixen

Case 2:17-cv-09288-GW-GJS Document 1 Filed 12/29/17 Page 1 of 12 Page ID #:1

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D NIEL J. SCH CHT, #259717 [email protected] ANDREW S. MACKAY, #197074 [email protected] JONATHAN MCNEIL WONG, #112224 [email protected] DANIEL H. SENTER, #271626 [email protected] DONAHUE FITZGERALD LLP Attorneys at Law 1999 Harrison Street 25th Floor Oakland, California 94612-3520 Tele Teleph phon one: e: (510) (510) 451451-33 3300 00 Facs Facsim imil ile: e: (510 (510)) 451451-15 1527 27 Attorneys for Plaintiff WIXEN MUSIC PUBLISHING, PUBLISHING, INC. INC.

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UNITED STATES DISTRICT COURT

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CENTRAL CENTRAL DISTRICT DISTRICT OF CALIFORNIA CALIFORNIA

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WESTERN DIVISION

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WIXEN MUSIC PUBLISHING, INC., Plaintiff,

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v.

Case No. COMPLAINT FOR COPYRIGHT INFRINGEMENT JURY TRIAL DEMANDED

SPOTIFY USA INC., Defendant.

21 22 23 24 25 26 27 28 COMPLAINT

C ASE NO.


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Plaintiff Wixen Music Publishing, Inc. (“ Wixen”) hereby complains and

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alleges against defendant Spotify USA Inc. (“Defendant” or “Spotify”) as follows:

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NATURE OF THE ACTION

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1.

Wixe Wixen n brin brings gs thi thiss acti action on aga again inst st Spo Spoti tify fy for for will willfu full lly y inf infri ring ngin ing g the the

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copyrights in the musical compositions listed in Exhibit A (each a “ Work” and

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collectively the “ Works”). Wixen is an independent music publisher and exclusive

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licensee of the Works, all of which have either been registered or are pending

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registration with the United States Copyright Office. Spotify is the world’s most

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dominant music streaming and limited downloading service. As Spotify has

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publicly admitted, and as recent lawsuits and settlements confirm, Spotify has

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repeatedly fail ed to obtain necessary statutory, or “mechanical,” licenses to

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reproduce and/or distribute musical compositions on its service. Consequently,

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while Spotify Spotify has become become a multibilli multibillion on dollar dollar company, company, songwriters songwriters and their

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publ publis ishe hers, rs, such such as as Wixe Wixen, n, have have not not been been abl ablee to fair fairly ly and and righ rightf tful ully ly share share in

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Spotify’s success, as Spotify has in many cases used their music without a license

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and without compensation.

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2.

A rece recent nt prop propos osed ed sett settle leme ment nt invo involv lvin ing g righ rights ts hold holder erss and and Spo Spoti tify fy in

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Ferrick et al. v. v. Spotify Spotify USA USA Inc. et et al., No. 1:16-c the class action lawsuit Ferrick 1:16-cv-8 v-8412 412

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(AJN) (AJN) (S.D.N (S.D.N.Y. .Y.)) (Dkt. (Dkt. # 167167- 3 (“Proposed Settlement”)) does does not not adequa adequatel tely y

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compensate Wixen or the songwriters it represents. Wixen has and, and, to the extent not

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yet effected, will opt out the Works from the Proposed Settlement.

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PARTIES

3.

Wixe Wixen n is a Cali Califo forn rnia ia corp corpora orati tion on wit with h its its prin princi cipa pall plac placee of bus busine iness ss at at

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24025 Park Sorrento, Sorrento, Suite 130, 130, Calabasas, CA 91302. Each of the compositions

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identified in Exhibit A have either been registered with the United States Copyright

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Office or an application application for copyright copyright registration registration has been filed with the the United

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States Copyright Office. Wixen has standing to bring this action for copyright

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infringeme infringement nt because because it is the exclusive exclusive licensee licensee of of the the Works. Works. Wixen Wixen has the COMPLAINT

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exclusive exclusive rights to sign agreements, agreements, collect collect royalties, royalties, receive monies, monies, issue licenses,

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pay roya royalti lties, es, regis register ter copy copyrig rights, hts, and otherw otherwise ise intera interact ct and asse assert rt rights rights on behal behalf f

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of eac each song songw write riterr with ith or aga agaiinst nst pub publi lish shin ing g com compan panies, ies, perf perfo ormin rming g and/ and/o or

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mechanical rights societies, and musical service companies such as S potify.

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4.

Defe Defend ndan antt Spo Spoti tify fy USA USA Inc Inc.. is is a Dela Delawa ware re corp corpor orat atio ion n wit with h its its

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principal principal place of business business at at 45 W. 18th 18th Street, Street, 7th Floor, Floor, New New York, York, New New York

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10011. 10011. Spotify Spotify maintains maintains a corporate corporate office office in Los Angele Angeles, s, Californ California, ia, located located at at

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9200 Sunset Boulevard, Los Angeles, California 90069.

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JURISDICTION

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This This Cou Court rt has has sub subje ject ct mat matte terr juri jurisd sdic icti tion on of of this this act actio ion n unde underr 28 U.S.C U.S.C..

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§§ 1331 and 1338 1338 because the claims claims herein arise under federal copyright law (17

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U.S.C. § 101, et seq.) (the “Copyright Act”).

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6.

Spotify is subject to this Court’s personal jurisdiction because Spotify

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has continuous and systematic contacts within the Central District of California,

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which include, include, without without limitation: limitation:

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(a)

Spotif Spotify y is qual qualifi ified ed to do busine business ss in in Calif Californ ornia ia and is regist registere ered d

as a foreign corporation with the California Secretary of State. (b) (b)

Spot Spotif ify y has has a desi design gnat ated ed agen agentt for for serv servic icee of pro proce cess ss in in Los Los

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Angeles: National Registered Agents, Inc., with an address of 818 W. Seventh St.,

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Ste 930, Los Los Angeles, Angeles, CA 90017. 90017.

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(c)

Spotif Spotify y mainta maintains ins a stro strong ng presen presence ce in Califo Californi rnia, a, includ including ing two two

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corporate offices – one in San Francisco and one in Los Angeles – where it employs

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California residents.

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(d)

Spotif Spotify y active actively ly does does busi busines nesss in in Cali Califor fornia nia,, as as evide evidence nced d by by its

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(i) subscribers and users in California, which Spotify actively reaches out to

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through, at a minimum, its website (www.spotify.com); (ii) contracts and other

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transactions that it has entered in California; (iii) revenue generated from California

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residents and businesses in connection with its service; and (iv) advertisements that COMPLAINT

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C ASE NO.


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target Califor California nia residents, residents, including including those those in Los Angeles. Angeles. (e)

Spot Spotify ify has has purpo purpose sefu full lly y avai availe led d itse itself lf of of Cali Califo forn rnia ia law law and and

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could and and did reasonabl reasonably y anticipate anticipate being being brought brought into this this Court because because,, among

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other reasons, Spotify (i) has knowingly, intentionally, intentionally, and repeatedly reproduced

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and/or distributed the Works over the Internet to California residents via its services; services;

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(ii) (ii) knew knew or should should have have know known n that that the harm harm cause caused d by its repea repeated ted unlic unlicens ensed ed

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reproduction and distribution of the Works over the Internet was aimed at

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songwriters and music publishers, including Wixen and the songwriters it

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represents, who control compositions compositions and reside in or near Los Angeles County,

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California, a global hub of the music industry; industry; and (iii) knew or should have known

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that Wixen, an industry leading music publisher for nearly 40 years, would suffer,

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and in fact did suffer, the brunt of the harm caused by Spotify’s unauthorized acts at

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Angeles County County,, California, California, Wixen’s principal place of business in Calabasas, Los Angeles

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which is in the Western Western Division Division of the Central Central District District of California California..

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(f)

Spotify’s “Terms and Conditions of Use” Agreement, effective

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as of July 6, 2017, specifies California as the choice of law for all disputes with its

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users in the United States and specifies that jurisdiction for any dispute, claim, or

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controversy is the Northern District of California.

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(g)

The “Spotify Developer Terms of Use” Agreement, effective as

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of November November 22, 2017, 2017, specifie specifiess California California as the choice choice of law for all disputes disputes

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with its third-party developers and requires requires any dispute, dispute, claim, or controversy to be

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resolved in state or federal courts in San Francisco County, County, California.

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(h)

In 201 2013, 3, in in an atte attemp mptt to inv invok okee the the prov provis isio ions ns of of the the Clas Classs

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Action Fairness Act (CAFA) for the removal of an action filed against it in

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California, Spotify relied on its extensive contacts with California and its residents,

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including including a declaratio declaration n that those resident residentss in 2013 had spent more than $15 $15 million million

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for subscriptions to S potify’s paid Premium service. Bleak v. Spotify USA, Inc.,

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Case No. CV 13-5653-CRB (N.D. Cal. 2013), Dkt. 2 at ¶ 7 (Declaration of G ran COMPLAINT

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C ASE NO.


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Sander, analyst in Spotify’s Spotify’s Analytics teams).

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(i)

Spot Spotify ify has has soug sought ht to to tran transf sfer er cas cases es to to Cali Califor forni niaa on the the grou ground ndss

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e.g., iMTX Strategi Strategic, c, LLC, v. Spotify Spotify USA, that it is a more convenient forum. See, e.g.,

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Inc., Case Case No. No. CV CV 1:14-3 1:14-32525-GMS (D. Del. 2014) Dkt. 12 (Spotify’s motion to

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transfer venue to the Northern District District of California).

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(j) (j)

Spot Spotify ify previ previou ousl sly y admi admitte tted d in oth other er fed federa erall fili filing ngss that that per perso sona nall

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jurisdiction is proper in California. See, e.g., e.g., PacketVideo PacketVideo Corp Corp v. Spotify USA Inc., Inc.,

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et. al, Case No. CV 11-1659-IEG- WMC (S.D. Cal. 2011) Dkt. 14 (Spotify’s

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Answer) at ¶ 9 (“Defendants do not dispute that this Court has personal jurisdiction

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over Spotify USA, Inc. and Spotify Limited.”).

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VENUE

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7.

Venu Venuee is is pro prope perr in in thi thiss Dist Distri rict ct purs pursua uant nt to 28 U.S. U.S.C. C. §§ 1391 1391(b (b)) and and

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1400(a) 1400(a) because because Spotify Spotify is subject to personal personal jurisdic jurisdiction tion in this District District and and

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because a substantial part of the acts of infringement complained of herein occurs

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or has occurred in this District.

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8.

of events events giving rise rise to this this case occurred occurred in the the Western Western Division. Division.

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This This case case is prop proper erly ly file filed d in in the the Weste estern rn Divi Divisi sion on,, as a sub subst stan anti tial al part part

FACTS

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Wixe Wixen n is is an an ind indep epen ende dent nt musi musicc pub publi lish sher er that that was was for forme med d in in 197 1978 8 by by

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Randall Randall Wixen. Wixen. Wixen Wixen administer administerss more than than 50,000 50,000 songs writte written n and/or and/or owned

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by its more than 2,000 clients, including songs by some of the most popular and

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acclaimed musical artists of the last 100 years.

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10. 10.

Wixe Wixen n is the the excl exclus usiv ivee licen license seee of thou thousa sand ndss of music musical al com compos posit itio ions ns,,

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the Works. Wixen administers administers these compositions compositions for its clients, clients, with the goal of

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enhancing the value of the compositions through licensing while simultaneously

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preserving preserving their integrity integrity.. Wixen has the the exclusi exclusive ve right right to conduct conduct all all

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administration activities with respect to these musical compositions, including

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registering them with performing rights organizations, filing copyright applications COMPLAINT

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C ASE NO.


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with the United States Copyright Office, negotiating and issuing licenses (including

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mechanical mechanical license licenses), s), collecti collecting ng royalties, royalties, and and filing filing lawsuits lawsuits for copyrig copyright ht

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infringement.

4

11. 11.

Spot Spotif ify y is is pri princ ncip ipal ally ly acce access ssed ed at https://www.spotify.com/us/ and via

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its app. It offers interactive music music streaming and/or limited limited music downloading downloading via

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a free free ad-su ad-suppo pporte rted d opti option on and variou variouss paid, paid, ad-fre ad-freee option optionss (colle (collecti ctivel vely, y, the

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“Service”).

8 9 10

12.

The Wo Works rks excl exclusi usivel vely y lice license nsed d to Wixen Wixen have have been been strea streamed med and/or and/or

downloaded billions of t imes through Spotify’s Service. 13.

Spotif Spotify y launc launched hed in the the Unit United ed Stat States es on on or abou aboutt July July 14, 14, 2011 2011,, and and

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since that time has grown to over 140 million active users, 60 million subscribers,

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obtained over $1 billion in private equity, and achieved a valuation in excess of $8

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billion. In 2016 alone, Spotify brought in just under $3.3 billion in revenue. Spotify

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achieved this growth through amassing a vast music library of over 30 million

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popula popularr songs songs from all genr genres es and types types of artis artists. ts. Howeve However, r, Spotif Spotify y took a short short

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cut. In 2011, Spotify faced a choice to either obtain all the required rights to the

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songs and signific significantly antly delay delay its U.S. launch, launch, or move forward forward without without proper

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licenses licenses and face the the legal ramificat ramifications ions later. later. Prior to launch, launch, Spotify Spotify struck deals deals

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with major record labels to obtain the necessary rights to the sound recording

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copyrights in the songs by offering the major labels, in many cases, equity stake in

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Spotify. But Spotify failed to properly obtain the equivalent rights for the

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compositions. As a result, Spotify has built a billion dollar business on the backs of

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songwriters and publishers whose music Spotify is using, in many cases without

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obtaining obtaining and paying paying for the necessa necessary ry licenses. licenses.

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14.

Under Under the the Copy Copyrig right ht Act, Act, there there are are two two separ separate ate copyri copyright ghtss in every every

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recorded song: one in the sound recording (i.e. the recorded sound or “master

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recording”), and one in the musical composition (i.e. the words and musical

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notation). notation). 17 U.S.C. § 102(2), 102(2), (7). COMPLAINT

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C ASE NO.


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15.

To legal legally ly repro reproduc ducee and/o and/orr distri distribut butee the the songs songs on its Serv Service ice,, Spotif Spotify y

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must obtain both a license for the sound recording and for the musical composition.

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In Spotify’s 2014 comments before the United States Copyright Office, it

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acknowledged that these licenses are required: “ To operate the Spotify Service,

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Spotify Spotify needs needs to secure multiple multiple rights rights from multiple multiple copyright copyright owners. owners. These These

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rights include, among others, the right to reproduce sound recordings and the

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musical works embodied therein, the right to distribute distribute sound recordings and the

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musical works embodied therein . . . .” Comments of Spotify USA Inc., to USCO

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(May

23,

2014),

at

https://www.copyright.gov/policy/musiclicensingstudy/

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comments/Docket2014_3/Spotify_USA_Inc_MLS_2014.pdf comments/Docket2014_3/Sp otify_USA_Inc_MLS_2014.pdf (last accessed Dec. 27,

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2017).

12

16. 16.

The The soun sound d reco record rdin ing g lice licens nsee gene genera rate tess reve revenu nuee for for the the own owner er of of the the

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sound recording, which is typically an artist’s record label. The license to reproduce

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and distribute the musical composition (the “mechanical license”) generates

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revenue for the composition owner(s), which are typically songwriters and their

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music publishers.

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17.

To obtai obtain n the the neces necessar sary y mecha mechanica nicall licen licenses ses,, Spotify Spotify could could have have either either

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directly negotiated with Wixen or sought compulsory licenses under 17 U.S.C.

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§115.

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18. 18.

In orde orderr to obt obtai ain n a compul compulso sory ry lic licen ense, se, a lic licen ense see, e, suc such h as Spot Spotif ify, y, is is

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required to send a notice of intent to use a musical composition (“NOI”) to a

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copyright owner “before or within thirty days after making, and before distributing

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any phonorecords of the work.” 17 U.S.C. §115(b)(1). If the name and address of

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the copyrig copyright ht owner owner is not known, known, the licensee licensee is required required to file the the NOI in the the

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Copyright Office. The failure to timely file or serve an NOI “forecloses the

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possibility of a compulsory license and, in the absence of a negotiated license,

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renders renders the making making and distribu distribution tion of of phonorecord phonorecordss actionabl actionablee as acts of

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infringement.” infringement.” 17 U.S.C. §115(b)(2) . COMPLAINT

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19.

Prior Prior to launch launching ing in the the Unit United ed Stat States, es, Spotif Spotify y attem attempte pted d to licens licensee

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sound recordings by working with record labels but, in a race to be first to market,

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made insufficient efforts to collect the required musical composition information

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and, in turn, turn, failed in many cases cases to license license the compositi compositions ons embodied embodied within within each

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recording or comply with the requirements of Section 115 of the Copyright Act.

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20.

Either Either a direct direct licens licensee from from Wixe Wixen n or a compul compulsor sory y licen license se woul would d have have

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permitted Spotify to reproduce and/or distribute the Works as part of the Service,

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including by means of digital phonorecord deliveries (“DPDs”), interactive

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streaming, streaming, and limited limited downloads. downloads. But Spotify Spotify failed to obtain either either license type. type.

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21.

Instead Instead,, upon upon inform informatio ation n and and belief belief,, Spoti Spotify fy outsou outsource rced d its its

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responsibility to a third party, party, the Harry Fox Agency Agency (“HFA”). (“HFA”). HFA is a provider provider

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of licensing and royalty services, and it was ill-equipped to obtain all the necessary

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mechanical licenses. Upon information and belief, Spotify knew that HFA did not

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possess the infrastructure to obtain the required mechanical licenses and Spotify

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knew it lacked these licenses.

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22.

Accord Accordin ingly gly,, Spot Spotify ify made, made, and contin continues ues to make, make, musica musicall

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compositions live for streaming and/or limited downloading, including the Works,

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without identifying composition rights holders and without obtaining the required

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mechanical license. As the exclusive licensee of the Works, Wixen is entitled to full

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statutory relief pursuant to the United States Copyright Act.

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23.

Other Other publ publish ishers ers,, songw songwrit riters, ers, and asso associa ciatio tions ns have have brough broughtt claim claimss

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against Spotify for its massive, massive, systemic copyright infringement. infringement. On June 27, 2017, 2017,

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United United States Distric Districtt Judge Alison Alison J Nathan, Nathan, preliminaril preliminarily y approved approved the Proposed Proposed

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Settlement in the case Ferrick et al. v. Spotify USA Inc. et al. , No. 1:16-cv-8412

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(AJN) (S.D.N.Y (S.D.N.Y.) .) (Dkt. 177 (AJN (AJN Order)) for approxima approximately tely $43 million. million. The The

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intent of the Proposed Settlement is to compensate rights holders for Spotify’s

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infringing actions from December 28, 2012 through June 29, 2017. Unfortunately,

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the Ferrick settlement is still grossly insufficient to compensate songwriters and COMPLAINT

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publishers for Spotify’s Spotify’s actions, as as well as procedurally procedurally unjust.

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Spotif Spotify y has approx approxima imatel tely y 30 millio million n song songss in in its catalo catalogue gue.. Accor Accordin ding g

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to one report, report, Spotify Spotify failed to to pay songwrit songwriter er royalties royalties to to a publishi publishing ng company company

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approx approxima imatel tely y 21% 21% of of the time. time. See Ethan Smith, Songwriters Lose Out on

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Royalties, THE WALL STREET JOURNAL, Oct. Oct. 14, 2015. 2015. If that that figure figure is is used used as an

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estimate estimate for the percentage percentage of Spotify’s unlicensed unlicensed works, works, then then Spotify Spotify infringed infringed

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approxima approximately tely 6,300,000 6,300,000 compositio compositions ns (i.e. 21% of 30 30 million million songs), songs), inclu including ding the

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Works.

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25. 25.

Spo Spotify tify braz brazeenly nly disr disreg egar ard ds Unite nited d Sta States tes Co Copy pyri rig ght law and has has

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committed committed willful, willful, ongoing ongoing copyrig copyright ht infringeme infringement. nt. Wixen notifi notified ed Spotify Spotify that it

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had neither obtained a direct or compulsory mechanical license for the use of the

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Works. For these these reasons reasons and the the foregoi foregoing, ng, Wixen Wixen is entitled entitled to the the maximum maximum

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statutory relief.

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WHEREFORE, Wixen seeks relief as set forth below.

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FIRST CLAIM FOR RELIEF

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Direct Copyright Infringement in Violation of 17 U. U.S.C. S.C. §§ 106, 06, 501 501

17 18 19

26.

Wixen Wixen re-al re-alleg leges es and and inco incorpo rporat rates es by by refer referenc encee all all the the prece precedin ding g

paragraphs, as if fully set forth herein.

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27.

Wixen Wixen is is the the excl exclusi usive ve licens licensee ee of the the copy copyrig rights hts in the Wo Works. rks.

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28.

Under Under Sect Section ion 106 of the the Copy Copyrig right ht Act, Act, 17 U.S. U.S.C. C. § 106, 106, Wixe Wixen n has has

22

the exclusive rights, among others, to reproduce and distribute the Works as well as

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the right to authorize others to exercise any of these rights.

24

29. 29.

Spoti Spotify fy has has infr infrin inge ged d many many of the the exc exclu lusi sive ve right rightss set set fort forth h in in 17

25

U.S.C. § 106. Among other things, Spotify has made unauthorized reproductions reproductions

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and engaged in unauthorized distribution of the copyrighted musical compositions

27

of Wixen’s clients, including the Works listed in Exhibit A. Such conduct

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constitutes infringement of these copyrights pursuant to of 17 U.S.C. §§ 106, et seq. COMPLAINT

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and 501. 30.

Each Each of the Works Works is is an origin original al work work fixed fixed in a tangib tangible le medi medium um of

3

expression, and constitutes separate, distinct copyrightable subject matter within the

4

meaning of Section 102 of the Copyright Act. Among other things, each stream of

5

the Works reproduced by Spotify and/or distributed to end-users constitutes a

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separate and distinct act of infringement, for which Spotify is a direct infringer.

7

31.

Spotify’s conduct has at all times been willful, intentional, purposeful,

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in disregard of and indifferent to the rights of Wixen and those of the artists it

9

represents.

10

3 2.

As a direct an and proxim ate result of Spotify’s willful and infringing

11

conduct, Wixen is entitled to actual damages, including the substantial profits of

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Spotify, as will be proven at trial, t rial, pursuant to 17 U.S.C. § 504(b),

13

33. 33.

In the the alt alter erna nati tive ve,, pursu pursuan antt to 17 17 U.S. U.S.C. C. § 504 504(c) (c),, Wixe Wixen n is ent entit itle led d to

14

receive the maximum amount of statutory damages for willful copyright

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infrin infringem gement ent,, $150 $150,00 ,000 0 per composi compositio tion, n, for for each each of the the appro approxim ximate ately ly 10,784 10,784

16

musical compositions identified identified in Exhibit A hereto, for a total statutory award of at

17

leas leastt $1.6 $1.6 bill billio ion. n.

18

3 4.

19 20

Wixen is further entitled to recover its attorneys’ fees and costs

pursuant to 17 U.S.C. § 505. 35.

Spotify’s acts , including its failure to develop and implement

21

procedures procedures to properly properly license license songs, songs, have caused caused and will continu continuee to cause

22

irreparable harm and injury to Wixen and the artists it represents, represents, for which they

23

have no adequa adequate te remedy remedy at law. Wixen Wixen is therefore therefore entitled entitled to an an injunctio injunction n

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purs pursua uant nt to 17 U.S. U.S.C. C. § 502 502 to prev preven entt and and rest restra rain in Spotify’s ongoing copyright

25

infringement, including ordering Spotify to develop and implement procedures to

26

comply with the requirements of Section 115 of the Copyright Act.

27 28 COMPLAINT

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PRAYER FOR RELIEF

2

WHEREFORE, Wixen prays for relief against Spotify, as follows:

3

1.

An awar award d of of dam damag ages es pur pursu suan antt to to 17 17 U.S. U.S.C. C. § 504( 504(b), b), incl includ udin ing g actu actual al

4

damages, inclusive of the injury to the market value of their copyright in the Works,

5

and the profits of Spotify as will be proven at trial, or, in the alternative, the

6

maximum maximum amount of statutory statutory damages damages pursuant pursuant to 17 U.S.C. § 504(c), namely namely

7

$150,000 $150,000 for each each Work Work infringed, infringed, for an award of of at least least $1.6 $1.6 billion. billion.

8

2.

Inju Injunc ncti tive ve and/ and/or or decl declar arat ator ory y rel relie ieff as as is is nec neces essa sary ry to prot protec ectt the the

9

inte intere rest stss of Wixe Wixen n purs pursua uant nt to 17 U.S. U.S.C. C. § 502, 502, incl includ udin ing g requ requir irin ing g Spot Spotif ify y to

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(a) develop develop and implement implement procedures procedures for identifyin identifying g and properly properly licensing licensing songs

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and (b) pay for the the services services of a third third party auditor auditor to identify identify the owners owners of of songs

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reproduced and/or distributed by Spotify despite Spotify’s failure to first obtain a

13

mechanical license prior to reproducing and/or distributing the Works

14

3.

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applicable law;

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4.

PrePre- and and post post-j -jud udgm gmen entt inte intere rest st to the the exte extent nt allo allowa wabl ble; e; and and

17

5.

Such Such oth other er and and furt furthe herr reli relief ef tha thatt the the Cou Court rt may may deem deem just just and and pro prope per. r.

18

Attorneys’ fees and costs pursuant to 17 U.S.C. § 505 and under other

Date : Decem er 29, 2017

DON HUE FITZGER LD LLP

19 20 21 22

By: /S/ Daniel Daniel J. Schach Schachtt Daniel J. Schacht Attorneys for Plaintiff WIXEN MUSIC PUBLISHING, INC.

23 24 25 26 27 28 COMPLAINT

-10-

C ASE NO.


1 2

DEMAND FOR JURY TRIAL

Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, plaintiff

3

Wixen Music Publishing, Inc., demands a trial by jury of this action.

4

Date : De D ecem er 29, 2017

DON HUE FITZGER LD LLP

5 6 7 8

By: /S/ Daniel Daniel J. Schach Schachtt Daniel J. Schacht Attorn Attorney eyss for Plaint Plaintiff iff WIXEN WIXEN MUSIC MUSIC PUBLISHING, INC.

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COMPLAINT

-11-

C ASE NO.

Wixen

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