Arista Records LLC et al v. Lime Wire LLC et al

Filing 267

DECLARATION of Colleen Bal in Support re: 227 MOTION for Reconsideration re; 223 Memorandum & Opinion,,,,,,.. Document filed by Lime Wire LLC, Lime Group LLC, Mark Gorton. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Sommer, Michael)

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Exhibit 4 3:07-cv-00478-CWH Date Filed 02/20/07 Entry Number 1 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA D I V I S I O N ARISTA RECORDS LLC, a Delaware limited liability company; BMG MUSIC, a New York general partnership; MAVERICK RECORDING COMPANY, a California joint venture; VIRGIN RECORDS AMERICA, INC., a California corporation; SONY BMG MUSIC ENTERTAINMENT, a Delaware general partnership; PRIORITY RECORDS LLC, a California limited liability company; UMG RECORDINGS, INC., a Delaware corporation; INTERSCOPE RECORDS, a California general partnership; and MOTOWN RECORD COMPANY, L.P., a California limited partnership, Plaint iffs, v. ELIZABETH CHESTNUT (AKA ELIZABETH OWENS CHESTNUT), Defendant. COMPLAINT FOR COPYRIGHT INFRINGEMENT JURISDICTION AND VENUE 1. This is a civil action seeking damages and injunctive relief for copyright ) Case No. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) infringement under the copyright laws of the United States (17 U.S.C. §101 et seq.). 2. This Court has jurisdiction under 17 U.S.C. § 101 et seq.; 28 U.S.C. §1331 (federal question); and 28 U.S.C. §1338(a) (copyright). 3. This Court has personal jurisdiction over the Defendant, and venue in this District is proper under 28 U.S.C. § 1391(b) and 28 U.S.C. § 1400(a), in that the 1 3:07-cv-00478-CWH Date Filed 02/20/07 Entry Number 1 Page 2 of 6 Defendant resides in this District, and the acts of infringement complained of herein occurred in this District. PARTIES 4. Plaint iff Arista Records LLC is a limited liability company duly organized and existing under the laws of the State of Delaware, with its principal place of business in the State of New York. 5. Plaint iff BMG Music is a general partnership duly organized and existing under the laws of the State of New York, with its principal place of business in the State of New York. 6. Plaint iff Maverick Recording Company is a joint venture between SR/MDM Venture Inc. and Maverick Records LLC, organized and existing under the laws of the State of California, with its principal place of business in the State of California. 7. Plaint iff Virgin Records America, Inc. is a corporation duly organized and exist ing under the laws of the State of California, with its principal place of business in the State of New York. 8. Plaint iff SONY BMG MUSIC ENTERTAINMENT is a Delaware general partnership, with its principal place of business in the State of New York. 9. Plaint iff Priority Records LLC is a limited liability company wit h its principal place of business in the State of California. 10. Plaint iff UMG Recordings, Inc. is a corporation duly organized and existing under the laws of the State of Delaware, with its principal place of business in the State of California. 2 3:07-cv-00478-CWH Date Filed 02/20/07 Entry Number 1 Page 3 of 6 11. Plaint iff Interscope Records is a California general partnership, with its principal place of business in the State of California. 12. Plaint iff Motown Record Company, L.P. is a limited partnership duly organized and existing under the laws of the State of California, with its principal place of business in the State of New York. 13. in this District. COUNT I INFRINGEMENT OF COPYRIGHTS 14. Plaint iffs incorporate herein by this reference each and every allegation Plaint iffs are informed and believe that Defendant is an individual residing contained in each paragraph above. 15. Plaint iffs are, and at all relevant times have been, the copyright owners or licensees of exclusive rights under United States copyright with respect to certain copyrighted sound recordings (the "Copyrighted Recordings"). The Copyrighted Recordings include but are not limited to each of the copyrighted sound recordings identified in Exhibit A attached hereto, each of which is the subject of a valid Certificate of Copyright Registration issued by the Register of Copyrights. In addition to the sound recordings listed on Exhibit A, Copyrighted Recordings also include certain of the sound recordings listed on Exhibit B which are owned by or exclusively licensed to one or more of the Plaintiffs or Plaintiffs' affiliate record labels, and which are subject to valid Certificates of Copyright Registration issued by the Register of Copyrights. 3 3:07-cv-00478-CWH Date Filed 02/20/07 Entry Number 1 Page 4 of 6 16. Amo ng the exclusive rights granted to each Plaintiff under the Copyright Act are the exclusive rights to reproduce the Copyrighted Recordings and to distribute the Copyrighted Recordings to the public. 17. Plaint iffs are informed and believe that Defendant, without the permission or consent of Plaintiffs, has used, and continues to use, an online media distribution system to download the Copyrighted Recordings, to distribute the Copyrighted Recordings to the public, and/or to make the Copyrighted Recordings available for distribution to others. In doing so, Defendant has violated Plaintiffs' exclusive rights of reproduction and distribution. Defendant's actions constitute infringement of Plaintiffs' copyrights and exclusive rights under copyright. 18. Plaint iffs have placed proper notices of copyright pursuant to 17 U.S.C. § 401 on each respective album cover of each of the sound recordings identified in Exhibit A. These notices of copyright appeared on published copies of each of the sound recordings identified in Exhibit A. These published copies were widely available, and each of the published copies of the sound recordings identified in Exhibit A was accessible by Defendant. 19. Plaint iffs are informed and believe that the foregoing acts of infringement have been willful and intentional, in disregard of and with indifference to the rights of Plaintiffs. 20. As a result of Defendant's infringement of Plaintiffs' copyrights and exclusive rights under copyright, Plaintiffs are entitled to statutory damages pursuant to 17 U.S.C. § 504(c) for Defendant's infringement of each of the Copyrighted Recordings. 4 3:07-cv-00478-CWH Date Filed 02/20/07 Entry Number 1 Page 5 of 6 Plaint iffs further are entitled to their attorneys' fees and costs pursuant to 17 U.S.C. § 505. 21. The conduct of Defendant is causing and, unless enjoined and restrained by this Court, will continue to cause Plaintiffs great and irreparable injury that cannot fully be compensated or measured in money. Plaintiffs have no adequate remedy at law. Pursuant to 17 U.S.C. §§ 502 and 503, Plaintiffs are entitled to injunctive relief prohibiting Defendant from further infringing Plaintiffs' copyrights, and ordering Defendant to destroy all copies of sound recordings made in violation of Plaintiffs' exclusive rights. WHEREFORE, Plaintiffs pray for judgment against Defendant as follows: 1. For an injunction providing: "Defendant shall be and hereby is enjoined from directly or indirectly infringing Plaintiffs' rights under federal or state law in the Copyrighted Recordings and any sound recording, whether now in existence or later created, that is owned or controlled by Plaintiffs (or any parent, subsidiary, or affiliate record label of Plaintiffs) ("Plaintiffs' Recordings"), including without limitation by using the Internet or any online media distribution system to reproduce (i.e., download) any of Plaintiffs' Recordings, to distribute (i.e., upload) any of Plaint iffs' Recordings, or to make any of Plaintiffs' Recordings available for distribution to the public, except pursuant to a lawful license or with the express authority of Plaintiffs. Defendant also shall destroy all copies of Plaintiffs' Recordings that Defendant has downloaded onto any co mputer hard drive or server without Plaintiffs' authorization and shall destroy all copies of those downloaded recordings transferred onto any physical medium or device in Defendant's possession, custody, or control." 2. For statutory damages for each infringement of each Copyrighted Recording pursuant to 17 U.S.C. Section 504. 3. For Plaintiffs' costs in this action. 5 3:07-cv-00478-CWH Date Filed 02/20/07 Entry Number 1 Page 6 of 6 4. 5. For Plaintiffs' reasonable attorneys' fees incurred herein. For such other and further relief, either at law or in equity, general or special, to which they may be entitled. February 20, 2007 s/ William Y. Klett, III William Y. Klett, III (FED I.D. 5610) J. David Black (FED I.D. 7746) NEXSEN PRUET LLC 1441 Main Street, Suite 1500 Columbia, South Carolina 29201 Post Office Drawer 2426 Columbia, South Carolina 29202-2426 Main Phone: (803) 771-8900 Fax: (803) 253-8277 6 3:07-cv-00478-CWH Date Filed 02/20/07 Entry Number 1-1 Page 1 of 1 EXHIBIT A ELIZABETH CHESTNUT (AKA ELIZABETH OWENS CHESTNUT) Copyright Owner Arista Records LLC BMG Music Artist Kenny G Eurythmics Recording Title Don't Make Me Wait For Love Sweet Dreams (Are Made Of This) All You Wanted Spice Up Your Life Walking on Sunshine Snoop Dogg (What's My Name, Pt. 2) Burn Rubber (Why You Wanna Hurt Me?) Gangsta Bitch Sexual Healing Hello Roll All Day So Fresh, So Clean Bop Gun Album Title Duotones Sweet Dreams (Are Made of This) The Spirit Room Spiceworld J. Lo Tha Last Meal The 12-Inch Collection Scorpion Midnight Love Can't Slow Down War & Peace: Vol. 2 Stankonia Lethal Injection SR# 79-028 46-186 Maverick Recording Company Virgin Records America, Inc. SONY BMG MUSIC ENTERTAINMENT Priority Records LLC UMG Recordings, Inc. Interscope Records SONY BMG MUSIC ENTERTAINMENT Motown Record Company, L.P. Priority Records LLC Arista Records LLC Priority Records LLC Michelle Branch Spice Girls Jennifer Lopez Snoop Dogg Gap Band Eve Marvin Gaye Lionel Richie Ice Cube Outkast Ice Cube 303-732 261-523 293-297 317-638 70-785 293-364 41-568 49-235 287-151 306-741 198-283 3:07-cv-00478-CWH Date Filed 02/20/07 Entry Number 1-2 Page 1 of 19 3:07-cv-00478-CWH Date Filed 02/20/07 Entry Number 1-2 Page 2 of 19 3:07-cv-00478-CWH Date Filed 02/20/07 Entry Number 1-2 Page 3 of 19 3:07-cv-00478-CWH Date Filed 02/20/07 Entry Number 1-2 Page 4 of 19 3:07-cv-00478-CWH Date Filed 02/20/07 Entry Number 1-2 Page 5 of 19 3:07-cv-00478-CWH Date Filed 02/20/07 Entry Number 1-2 Page 6 of 19 3:07-cv-00478-CWH Date Filed 02/20/07 Entry Number 1-2 Page 7 of 19 3:07-cv-00478-CWH Date Filed 02/20/07 Entry Number 1-2 Page 8 of 19 3:07-cv-00478-CWH Date Filed 02/20/07 Entry Number 1-2 Page 9 of 19 3:07-cv-00478-CWH Date Filed 02/20/07 Entry Number 1-2 Page 10 of 19 3:07-cv-00478-CWH Date Filed 02/20/07 Entry Number 1-2 Page 11 of 19 3:07-cv-00478-CWH Date Filed 02/20/07 Entry Number 1-2 Page 12 of 19 3:07-cv-00478-CWH Date Filed 02/20/07 Entry Number 1-2 Page 13 of 19 3:07-cv-00478-CWH Date Filed 02/20/07 Entry Number 1-2 Page 14 of 19 3:07-cv-00478-CWH Date Filed 02/20/07 Entry Number 1-2 Page 15 of 19 3:07-cv-00478-CWH Date Filed 02/20/07 Entry Number 1-2 Page 16 of 19 3:07-cv-00478-CWH Date Filed 02/20/07 Entry Number 1-2 Page 17 of 19 3:07-cv-00478-CWH Date Filed 02/20/07 Entry Number 1-2 Page 18 of 19 3:07-cv-00478-CWH Date Filed 02/20/07 Entry Number 1-2 Page 19 of 19 3:07-cv-00478-CWH AO 121 (6/90) Date Filed 02/20/07 Entry Number 1-3 Page 1 of 10 TO: Register of Copyrights Copyright Office Library of Congress Washington, D.C. 20559 REPORT ON THE FILING OR DETERMINATION OF AN ACTION OR APPEAL REGARDING A COPYRIGHT In compliance with the provisions of 17 U.S.C. 508, you are hereby advised that a court action or appeal has been filed on the following copyright(s): x ACTION DOCKET NO. ~ APPEAL DATE FILED COURT NAME AND LOCATION UNITED STATES DISTRICT COURT District of South Carolina Matthew J. Perry, Jr. Courthouse 901 Richland Street Columbia, SC 29201 DEFENDANT ELIZABETH CHESTNUT (AKA ELIZABETH OWENS CHESTNUT) AUT HOR OF WORK PLAINTIFF ARISTA RECORDS LLC; BMG MUSIC; MAVERICK RECORDING COMPANY; VIRGIN RECORDS AMERICA, INC.; SONY BMG MUSIC ENTERTAINMENT; PRIORITY RECORDS LLC; UMG RECORDINGS, INC.; INTERSCOPE RECORDS; and MOTOWN RECORD COMPANY, L.P. COPYRIGHT REGISTRATION NO. TITLE OF WORK See Exhibit A, attached. 1 2 3 4 5 In the above-entitled case, the following copyright(s) have been included: DATE INCLUDED INCLUDED BY * COPYRIGHT REGISTRATION NO. Am endm ent * Answer * Cross Bill * Other Pleading AUT HOR OF WORK TITLE OF WORK 1 2 3 In the above-entitled case, a final decision was rendered on the date entered below. A copy of the order or *udgment together with the written opinion, if any, of the court is attached: COPY ATTACHED W R ITTEN OPINION ATTACHED DATE RENDERED * O rder * *udgment * Yes * No DATE CLERK (BY) DEPUTY CLERK *U.S.G.P.O. 1982-374-279 Copy 1 ­ Upon initiation of action, mail this copy to Register of Copyrights. 3:07-cv-00478-CWH Date Filed 02/20/07 Entry Number 1-3 Page 2 of 10 EXHIBIT A ELIZABETH CHESTNUT (AKA ELIZABETH OWENS CHESTNUT) Copyright Owner Arista Records LLC BMG Music Artist Kenny G Eurythmics Recording Title Don't Make Me Wait For Love Sweet Dreams (Are Made Of This) All You Wanted Spice Up Your Life Walking on Sunshine Snoop Dogg (What's My Name, Pt. 2) Burn Rubber (Why You Wanna Hurt Me?) Gangsta Bitch Sexual Healing Hello Roll All Day So Fresh, So Clean Bop Gun Album Title Duotones Sweet Dreams (Are Made of This) The Spirit Room Spiceworld J. Lo Tha Last Meal The 12-Inch Collection Scorpion Midnight Love Can't Slow Down War & Peace: Vol. 2 Stankonia Lethal Injection SR# 79-028 46-186 Maverick Recording Company Virgin Records America, Inc. SONY BMG MUSIC ENTERTAINMENT Priority Records LLC UMG Recordings, Inc. Interscope Records SONY BMG MUSIC ENTERTAINMENT Motown Record Company, L.P. Priority Records LLC Arista Records LLC Priority Records LLC Michelle Branch Spice Girls Jennifer Lopez Snoop Dogg Gap Band Eve Marvin Gaye Lionel Richie Ice Cube Outkast Ice Cube 303-732 261-523 293-297 317-638 70-785 293-364 41-568 49-235 287-151 306-741 198-283 3:07-cv-00478-CWH AO 121 (6/90) Date Filed 02/20/07 Entry Number 1-3 Page 3 of 10 TO: Register of Copyrights Copyright Office Library of Congress Washington, D.C. 20559 REPORT ON THE FILING OR DETERMINATION OF AN ACTION OR APPEAL REGARDING A COPYRIGHT In compliance with the provisions of 17 U.S.C. 508, you are hereby advised that a court action or appeal has been filed on the following copyright(s): x ACTION DOCKET NO. ~ APPEAL DATE FILED COURT NAME AND LOCATION UNITED STATES DISTRICT COURT District of South Carolina Matthew J. Perry, Jr. Courthouse 901 Richland Street Columbia, SC 29201 DEFENDANT ELIZABETH CHESTNUT (AKA ELIZABETH OWENS CHESTNUT) AUT HOR OF WORK PLAINTIFF ARISTA RECORDS LLC; BMG MUSIC; MAVERICK RECORDING COMPANY; VIRGIN RECORDS AMERICA, INC.; SONY BMG MUSIC ENTERTAINMENT; PRIORITY RECORDS LLC; UMG RECORDINGS, INC.; INTERSCOPE RECORDS; and MOTOWN RECORD COMPANY, L.P. COPYRIGHT REGISTRATION NO. TITLE OF WORK See Exhibit A, attached. 1 2 3 4 5 In the above-entitled case, the following copyright(s) have been included: DATE INCLUDED INCLUDED BY * COPYRIGHT REGISTRATION NO. Am endm ent * Answer * Cross Bill * Other Pleading AUT HOR OF WORK TITLE OF WORK 1 2 3 In the above-entitled case, a final decision was rendered on the date entered below. A copy of the order or *udgment together with the written opinion, if any, of the court is attached: COPY ATTACHED W R ITTEN OPINION ATTACHED DATE RENDERED * O rder * *udgment * Yes * No DATE CLERK (BY) DEPUTY CLERK *U.S.G.P.O. 1982-374-279 Copy 2 ­ Upon filing of document adding copyright(s), mail this copy to Register of Copyrights. 3:07-cv-00478-CWH Date Filed 02/20/07 Entry Number 1-3 Page 4 of 10 EXHIBIT A ELIZABETH CHESTNUT (AKA ELIZABETH OWENS CHESTNUT) Copyright Owner Arista Records LLC BMG Music Artist Kenny G Eurythmics Recording Title Don't Make Me Wait For Love Sweet Dreams (Are Made Of This) All You Wanted Spice Up Your Life Walking on Sunshine Snoop Dogg (What's My Name, Pt. 2) Burn Rubber (Why You Wanna Hurt Me?) Gangsta Bitch Sexual Healing Hello Roll All Day So Fresh, So Clean Bop Gun Album Title Duotones Sweet Dreams (Are Made of This) The Spirit Room Spiceworld J. Lo Tha Last Meal The 12-Inch Collection Scorpion Midnight Love Can't Slow Down War & Peace: Vol. 2 Stankonia Lethal Injection SR# 79-028 46-186 Maverick Recording Company Virgin Records America, Inc. SONY BMG MUSIC ENTERTAINMENT Priority Records LLC UMG Recordings, Inc. Interscope Records SONY BMG MUSIC ENTERTAINMENT Motown Record Company, L.P. Priority Records LLC Arista Records LLC Priority Records LLC Michelle Branch Spice Girls Jennifer Lopez Snoop Dogg Gap Band Eve Marvin Gaye Lionel Richie Ice Cube Outkast Ice Cube 303-732 261-523 293-297 317-638 70-785 293-364 41-568 49-235 287-151 306-741 198-283 3:07-cv-00478-CWH AO 121 (6/90) Date Filed 02/20/07 Entry Number 1-3 Page 5 of 10 TO: Register of Copyrights Copyright Office Library of Congress Washington, D.C. 20559 REPORT ON THE FILING OR DETERMINATION OF AN ACTION OR APPEAL REGARDING A COPYRIGHT In compliance with the provisions of 17 U.S.C. 508, you are hereby advised that a court action or appeal has been filed on the following copyright(s): x ACTION DOCKET NO. ~ APPEAL DATE FILED COURT NAME AND LOCATION UNITED STATES DISTRICT COURT District of South Carolina Matthew J. Perry, Jr. Courthouse 901 Richland Street Columbia, SC 29201 DEFENDANT ELIZABETH CHESTNUT (AKA ELIZABETH OWENS CHESTNUT) AUT HOR OF WORK PLAINTIFF ARISTA RECORDS LLC; BMG MUSIC; MAVERICK RECORDING COMPANY; VIRGIN RECORDS AMERICA, INC.; SONY BMG MUSIC ENTERTAINMENT; PRIORITY RECORDS LLC; UMG RECORDINGS, INC.; INTERSCOPE RECORDS; and MOTOWN RECORD COMPANY, L.P. COPYRIGHT REGISTRATION NO. TITLE OF WORK See Exhibit A, attached. 1 2 3 4 5 In the above-entitled case, the following copyright(s) have been included: DATE INCLUDED INCLUDED BY * COPYRIGHT REGISTRATION NO. Am endm ent * Answer * Cross Bill * Other Pleading AUT HOR OF WORK TITLE OF WORK 1 2 3 In the above-entitled case, a final decision was rendered on the date entered below. A copy of the order or *udgment together with the written opinion, if any, of the court is attached: COPY ATTACHED W R ITTEN OPINION ATTACHED DATE RENDERED * O rder * *udgment * Yes * No DATE CLERK (BY) DEPUTY CLERK *U.S.G.P.O. 1982-374-279 Copy 3 ­ Upon termination of action, mail this copy to Register of Copyrights. 3:07-cv-00478-CWH Date Filed 02/20/07 Entry Number 1-3 Page 6 of 10 EXHIBIT A ELIZABETH CHESTNUT (AKA ELIZABETH OWENS CHESTNUT) Copyright Owner Arista Records LLC BMG Music Artist Kenny G Eurythmics Recording Title Don't Make Me Wait For Love Sweet Dreams (Are Made Of This) All You Wanted Spice Up Your Life Walking on Sunshine Snoop Dogg (What's My Name, Pt. 2) Burn Rubber (Why You Wanna Hurt Me?) Gangsta Bitch Sexual Healing Hello Roll All Day So Fresh, So Clean Bop Gun Album Title Duotones Sweet Dreams (Are Made of This) The Spirit Room Spiceworld J. Lo Tha Last Meal The 12-Inch Collection Scorpion Midnight Love Can't Slow Down War & Peace: Vol. 2 Stankonia Lethal Injection SR# 79-028 46-186 Maverick Recording Company Virgin Records America, Inc. SONY BMG MUSIC ENTERTAINMENT Priority Records LLC UMG Recordings, Inc. Interscope Records SONY BMG MUSIC ENTERTAINMENT Motown Record Company, L.P. Priority Records LLC Arista Records LLC Priority Records LLC Michelle Branch Spice Girls Jennifer Lopez Snoop Dogg Gap Band Eve Marvin Gaye Lionel Richie Ice Cube Outkast Ice Cube 303-732 261-523 293-297 317-638 70-785 293-364 41-568 49-235 287-151 306-741 198-283 3:07-cv-00478-CWH AO 121 (6/90) Date Filed 02/20/07 Entry Number 1-3 Page 7 of 10 TO: Register of Copyrights Copyright Office Library of Congress Washington, D.C. 20559 REPORT ON THE FILING OR DETERMINATION OF AN ACTION OR APPEAL REGARDING A COPYRIGHT In compliance with the provisions of 17 U.S.C. 508, you are hereby advised that a court action or appeal has been filed on the following copyright(s): x ACTION DOCKET NO. ~ APPEAL DATE FILED COURT NAME AND LOCATION UNITED STATES DISTRICT COURT District of South Carolina Matthew J. Perry, Jr. Courthouse 901 Richland Street Columbia, SC 29201 DEFENDANT ELIZABETH CHESTNUT (AKA ELIZABETH OWENS CHESTNUT) AUT HOR OF WORK PLAINTIFF ARISTA RECORDS LLC; BMG MUSIC; MAVERICK RECORDING COMPANY; VIRGIN RECORDS AMERICA, INC.; SONY BMG MUSIC ENTERTAINMENT; PRIORITY RECORDS LLC; UMG RECORDINGS, INC.; INTERSCOPE RECORDS; and MOTOWN RECORD COMPANY, L.P. COPYRIGHT REGISTRATION NO. TITLE OF WORK See Exhibit A, attached. 1 2 3 4 5 In the above-entitled case, the following copyright(s) have been included: DATE INCLUDED INCLUDED BY * COPYRIGHT REGISTRATION NO. Am endm ent * Answer * Cross Bill * Other Pleading AUT HOR OF WORK TITLE OF WORK 1 2 3 In the above-entitled case, a final decision was rendered on the date entered below. A copy of the order or *udgment together with the written opinion, if any, of the court is attached: COPY ATTACHED W R ITTEN OPINION ATTACHED DATE RENDERED * O rder * *udgment * Yes * No DATE CLERK (BY) DEPUTY CLERK *U.S.G.P.O. 1982-374-279 Copy 4 ­ In the event of an appeal, forward this copy to the Appellate Court so they can prepare a new A0 279 for the appeal. 3:07-cv-00478-CWH Date Filed 02/20/07 Entry Number 1-3 Page 8 of 10 EXHIBIT A ELIZABETH CHESTNUT (AKA ELIZABETH OWENS CHESTNUT) Copyright Owner Arista Records LLC BMG Music Artist Kenny G Eurythmics Recording Title Don't Make Me Wait For Love Sweet Dreams (Are Made Of This) All You Wanted Spice Up Your Life Walking on Sunshine Snoop Dogg (What's My Name, Pt. 2) Burn Rubber (Why You Wanna Hurt Me?) Gangsta Bitch Sexual Healing Hello Roll All Day So Fresh, So Clean Bop Gun Album Title Duotones Sweet Dreams (Are Made of This) The Spirit Room Spiceworld J. Lo Tha Last Meal The 12-Inch Collection Scorpion Midnight Love Can't Slow Down War & Peace: Vol. 2 Stankonia Lethal Injection SR# 79-028 46-186 Maverick Recording Company Virgin Records America, Inc. SONY BMG MUSIC ENTERTAINMENT Priority Records LLC UMG Recordings, Inc. Interscope Records SONY BMG MUSIC ENTERTAINMENT Motown Record Company, L.P. Priority Records LLC Arista Records LLC Priority Records LLC Michelle Branch Spice Girls Jennifer Lopez Snoop Dogg Gap Band Eve Marvin Gaye Lionel Richie Ice Cube Outkast Ice Cube 303-732 261-523 293-297 317-638 70-785 293-364 41-568 49-235 287-151 306-741 198-283 3:07-cv-00478-CWH AO 121 (6/90) Date Filed 02/20/07 Entry Number 1-3 Page 9 of 10 TO: Register of Copyrights Copyright Office Library of Congress Washington, D.C. 20559 REPORT ON THE FILING OR DETERMINATION OF AN ACTION OR APPEAL REGARDING A COPYRIGHT In compliance with the provisions of 17 U.S.C. 508, you are hereby advised that a court action or appeal has been filed on the following copyright(s): x ACTION DOCKET NO. ~ APPEAL DATE FILED COURT NAME AND LOCATION UNITED STATES DISTRICT COURT District of South Carolina Matthew J. Perry, Jr. Courthouse 901 Richland Street Columbia, SC 29201 DEFENDANT ELIZABETH CHESTNUT (AKA ELIZABETH OWENS CHESTNUT) AUT HOR OF WORK PLAINTIFF ARISTA RECORDS LLC; BMG MUSIC; MAVERICK RECORDING COMPANY; VIRGIN RECORDS AMERICA, INC.; SONY BMG MUSIC ENTERTAINMENT; PRIORITY RECORDS LLC; UMG RECORDINGS, INC.; INTERSCOPE RECORDS; and MOTOWN RECORD COMPANY, L.P. COPYRIGHT REGISTRATION NO. TITLE OF WORK See Exhibit A, attached. 1 2 3 4 5 In the above-entitled case, the following copyright(s) have been included: DATE INCLUDED INCLUDED BY * COPYRIGHT REGISTRATION NO. Am endm ent * Answer * Cross Bill * Other Pleading AUT HOR OF WORK TITLE OF WORK 1 2 3 In the above-entitled case, a final decision was rendered on the date entered below. A copy of the order or *udgment together with the written opinion, if any, of the court is attached: COPY ATTACHED W R ITTEN OPINION ATTACHED DATE RENDERED * O rder * *udgment * Yes * No DATE CLERK (BY) DEPUTY CLERK *U.S.G.P.O. 1982-374-279 Copy 5 ­ Case file copy. 3:07-cv-00478-CWH Date Filed 02/20/07 Entry Number 1-3 Page 10 of 10 EXHIBIT A ELIZABETH CHESTNUT (AKA ELIZABETH OWENS CHESTNUT) Copyright Owner Arista Records LLC BMG Music Artist Kenny G Eurythmics Recording Title Don't Make Me Wait For Love Sweet Dreams (Are Made Of This) All You Wanted Spice Up Your Life Walking on Sunshine Snoop Dogg (What's My Name, Pt. 2) Burn Rubber (Why You Wanna Hurt Me?) Gangsta Bitch Sexual Healing Hello Roll All Day So Fresh, So Clean Bop Gun Album Title Duotones Sweet Dreams (Are Made of This) The Spirit Room Spiceworld J. Lo Tha Last Meal The 12-Inch Collection Scorpion Midnight Love Can't Slow Down War & Peace: Vol. 2 Stankonia Lethal Injection SR# 79-028 46-186 Maverick Recording Company Virgin Records America, Inc. SONY BMG MUSIC ENTERTAINMENT Priority Records LLC UMG Recordings, Inc. Interscope Records SONY BMG MUSIC ENTERTAINMENT Motown Record Company, L.P. Priority Records LLC Arista Records LLC Priority Records LLC Michelle Branch Spice Girls Jennifer Lopez Snoop Dogg Gap Band Eve Marvin Gaye Lionel Richie Ice Cube Outkast Ice Cube 303-732 261-523 293-297 317-638 70-785 293-364 41-568 49-235 287-151 306-741 198-283

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