Shirokov v. Dunlap, Grubb & Weaver PLLC et al

Filing 1

COMPLAINT Class Action on behalf of Plaintiff and all others similarly situated against All Defendants Filing fee: $ 350, receipt number 0101-3166655 (Fee Status: Filing Fee paid), filed by Dmitriy Shirokov. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G, # 9 Exhibit Exhibit H, # 10 Exhibit Exhibit I, # 11 Exhibit Exhibit J, # 12 Exhibit Exhibit K, # 13 Exhibit Exhibit L, # 14 Exhibit Exhibit M, # 15 Exhibit Exhibit N, # 16 Exhibit Exhibit O, # 17 Exhibit Exhibit P)(Sweet, Jason)

Shirokov v. Dunlap, Grubb & Weaver PLLC et al
Lyrics dispute. - Avvo.com

Doc. 1 Att. 5
11/24/10 4:29 PM

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Lyrics dispute.
Viewed 58 times. Posted about 1 year ago in Lawsuits & Disputes - Peoria, AZ

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I am a self made singer/songwriter.I make my own songs and sing them.My problem is that another band in the same area that i live in has copied word for word lyrics from one of my songs.Another facet to all this is that i the band is made up of 3 people that are ex friends.The song is for sale on their website and is selling as i hear.The original,my song is registered with BMI (broadcast music inc.) .Do i have enough to sue? Please someone help me out. Flag as objectionable This question is no longer open to new answers.

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Answers (2) Jon Mitchell Jackson
Posted about 1 year ago. This attorney is licensed in California.

DISCLAIMER - THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY -CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE. We practice law only in California and you should contact a local attorney in your city and state right away to protect your legal rights. It sure sounds to me that you have more than enough to prove your case. Do you have notes or other documentation establishing that you thought of and wrote the song? Witnesses? Look, if you truly did write the song and, the other band stole your song, then you have legal rights that need to be protected. Contact an "intellectual rights" lawyer immediately! You may want to go to the AVVO web site and look for an experienced lawyer in your area. You may also want to check www.martindale.com Look for AV rated lawyers. As an alternative, I have an old friend in Tucson that may be able to help. Contact Bob Grabb at [phone] for help or a good referral. Tell Bob I sent you over and good luck! By the way, if I were you, I would not attempt to handle this case on your own. Too many issues you need to deal with. The above information is provided for discussion purposes only. Jackson & Wilson, Inc. and its attorneys believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

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Lyrics dispute. - Avvo.com

11/24/10 4:29 PM

Best Regards, Jon Mitchell "Mitch" Jackson Jackson & Wilson, Inc. Tel No. 949-855-8751 Toll Free 800-661-7044 Email: [e-mail] 2009 "Top Gun" Orange County Trial Lawyer of the Year "AV" rated (top ratings in ability and ethics) and listed in MartindaleHubbell's Bar Register of Preeminent Lawyers (reserved for top 5% of all lawyers) www.JacksonWilson.com 0 0 Flag as objectionable

Thomas M Dunlap
Posted about 1 year ago. This attorney is licensed in Virginia and 2 other states.

Copyright It sounds like they are infringing on copyrightable material. Under the Berne Convention (the US joined in 1989) you have a common law right to protection, however in order to potentially recover statutory and punitive damages you need to register your copyright immediately (happy to help) as you generally only have 90 days from the date of the infringing publication to do so (17 USC 412). Get to a lawyer today and register that copyright with the US Copyright Office ASAP! Statutory damages for infringement of registered copyright can be found in 17 USC 504 and range from $750 to $30,000 per work infringed, at the discretion of the court based upon the facts and circumstances for the nonwillful variety of infringement . If one can prove willful infringement damages can be as high as $150,000 per work. On the other hand, Defendants that prove they were, in the words of the statute "not aware and had no reason to believe" they were infringing can seek a damage reduction under the same statute. Of course successful Plaintiffs get to recover their attorneys fees as well. Demonstrating copyright infringement requires you prove all three of the following: 1. Ownership of a valid copyright 2. Copying by an infringing party (See Keeler Brass Co. v. Continental Brass Co., 862 F.2d 1063 (4th Cir. 1988); Atari, Inc. v. North American Philips Consumer Electronics Corp., 672 F.2d 607, 614 (7th Cir. 1982), cert. denied, 459 U.S. 880, 103 S. Ct. 176 (1982). 3. Of constituent elements in the copyrightable material that are protected (Bouchat v. Baltimore Ravens, Inc., 241 F.3d 350, 353 (4th Cir. 2001). A valid copyright is an original work that is fixed in a tangible means of expression. An original work requires both a modicum of creativity and independent creation. Thomas Dunlap Dunlap, Grubb & Weaver, PLLC [e-mail] www.dglegal.com Tel [phone] x 3885 Local Tel [phone] SuperLawyers (top 2.5% peer selection for Commercial and Business Litigation) NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client

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Lyrics dispute. - Avvo.com

11/24/10 4:29 PM

relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. DGW 0 0 Flag as objectionable

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