The Football Association Premier League Limited et al v. Youtube, Inc. et al

Filing 166

DECLARATION of Elizabeth Anne Figueira in supoport of Class Plaintiffs' Statement of Uncontroverted Material Facts in support of Their Motion For Partial Summary Judgment in Support re: 158 MOTION for Partial Summary Judgment dismissing with prejudice Defendants' First Defense asserted in Defendants' Answer to the Second Amended Class Action Complaint... Document filed by The Music Force LLC, Cal IV Entertainment, LLC, Cherry Lane Music Publishing Company, Inc., The Football Association Premier League Limited, Robert Tur, National Music Publishers' Association, The Rodgers & Hammerstein Organization, Edward B. Marks Music Company, Freddy Bienstock Music Company, Alley Music Corporation, X-Ray Dog Music, Inc., Federation Francaise De Tennis, The Scottish Premier League Limited, The Music Force Media Group LLC, Sin-Drome Records, Ltd., Murbo Music Publishing, Inc., Bourne Co.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13, # 14 Exhibit Exhibit 14, # 15 Exhibit Exhibit 15, # 16 Exhibit Exhibit 16, # 17 Exhibit Exhibit 17, # 18 Exhibit Exhibit 18, # 19 Exhibit Exhibit 19, # 20 Exhibit Exhibit 20, # 21 Exhibit Exhibit 21, # 22 Exhibit Exhibit 22, # 23 Exhibit Exhibit 23, # 24 Exhibit Exhibit 24, # 25 Exhibit Exhibit 25, # 26 Exhibit Exhibit 26, # 27 Exhibit Exhibit 27, # 28 Exhibit Exhibit 28, # 29 Exhibit Exhibit 29, # 30 Exhibit Exhibit 30, # 31 Exhibit Exhibit 31, # 32 Exhibit Exhibit 32, # 33 Exhibit Exhibit 33, # 34 Exhibit Exhibit 34, # 35 Exhibit Exhibit 35, # 36 Exhibit Exhibit 36, # 37 Exhibit Exhibit 37, # 38 Exhibit Exhibit 38, # 39 Exhibit Exhibit 39, # 40 Exhibit Exhibit 40, # 41 Exhibit Exhibit 41, # 42 Exhibit Exhibit 42, # 43 Exhibit Exhibit 43, # 44 Exhibit Exhibit 44, # 45 Exhibit Exhibit 45, # 46 Exhibit Exhibit 46, # 47 Exhibit Exhibit 47, # 48 Exhibit Exhibit 48, # 49 Exhibit Exhibit 49, # 50 Exhibit Exhibit 50, # 51 Exhibit Exhibit 51, # 52 Exhibit Exhibit 52, # 53 Exhibit Exhibit 53, # 54 Exhibit Exhibit 54, # 55 Exhibit Exhibit 55, # 56 Exhibit Exhibit 56, # 57 Exhibit Exhibit 57, # 58 Exhibit Exhibit 58, # 59 Exhibit Exhibit 59, # 60 Exhibit Exhibit 60, # 61 Exhibit Exhibit 61, # 62 Exhibit Exhibit 62, # 63 Exhibit Exhibit 63, # 64 Exhibit Exhibit 64, # 65 Exhibit Exhibit 65, # 66 Exhibit Exhibit 66, # 67 Exhibit Exhibit 67, # 68 Exhibit Exhibit 68, # 69 Exhibit Exhibit 69, # 70 Exhibit Exhibit 70, # 71 Exhibit Exhibit 71, # 72 Exhibit Exhibit 72, # 73 Exhibit Exhibit 73, # 74 Exhibit Exhibit 74, # 75 Exhibit Exhibit 75, # 76 Exhibit Exhibit 76, # 77 Exhibit Exhibit 77, # 78 Exhibit Exhibit 78, # 79 Exhibit Exhibit 79, # 80 Exhibit Exhibit 80, # 81 Exhibit Exhibit 81, # 82 Exhibit Exhibit 82, # 83 Exhibit Exhibit 83, # 84 Exhibit Exhibit 84, # 85 Exhibit Exhibit 85, # 86 Exhibit Exhibit 86, # 87 Exhibit Exhibit 87, # 88 Exhibit Exhibit 88, # 89 Exhibit Exhibit 89, # 90 Exhibit Exhibit 90, # 91 Exhibit Exhibit 91, # 92 Exhibit Exhibit 92, # 93 Exhibit Exhibit 93, # 94 Exhibit Exhibit 94, # 95 Exhibit Exhibit 95, # 96 Exhibit Exhibit 96, # 97 Exhibit Exhibit 97, # 98 Exhibit Exhibit 97 part 2, # 99 Exhibit Exhibit 98, # 100 Exhibit Exhibit 99, # 101 Exhibit Exhibit 100, # 102 Exhibit Exhibit 101, # 103 Exhibit Exhibit 102, # 104 Exhibit Exhibit 103, # 105 Exhibit Exhibit 104, # 106 Exhibit Exhibit 105, # 107 Exhibit Exhibit 106, # 108 Exhibit Exhibit 107, # 109 Exhibit Exhibit 108, # 110 Exhibit Exhibit 109, # 111 Exhibit Exhibit 110, # 112 Exhibit Exhibit 111, # 113 Exhibit Exhibit 112, # 114 Exhibit Exhibit 113, # 115 Exhibit Exhibit 114, # 116 Exhibit Exhibit 115, # 117 Exhibit Exhibit 116, # 118 Exhibit Exhibit 117, # 119 Exhibit Exhibit 118, # 120 Exhibit Exhibit 119, # 121 Exhibit Exhibit 120, # 122 Exhibit Exhibit 121, # 123 Exhibit Exhibit 122, # 124 Exhibit Exhibit 123, # 125 Exhibit Exhibit 124, # 126 Exhibit Exhibit 125, # 127 Exhibit Exhibit 126, # 128 Exhibit Exhibit 127, # 129 Exhibit Exhibit 128, # 130 Exhibit Exhibit 129, # 131 Exhibit Exhibit 130, # 132 Exhibit Exhibit 131, # 133 Exhibit Exhibit 132, # 134 Exhibit Exhibit 133, # 135 Exhibit Exhibit 134, # 136 Exhibit Exhibit 135, # 137 Exhibit Exhibit 136, # 138 Exhibit Exhibit 137, # 139 Exhibit Exhibit 138, # 140 Exhibit Exhibit 139, # 141 Exhibit Exhibit 140, # 142 Exhibit Exhibit 141, # 143 Exhibit Exhibit 142, # 144 Exhibit Exhibit 143, # 145 Exhibit Exhibit 144, # 146 Exhibit Exhibit 145, # 147 Exhibit Exhibit 146, # 148 Exhibit Exhibit 147, # 149 Exhibit Exhibit 148, # 150 Exhibit Exhibit 149, # 151 Exhibit Exhibit 150, # 152 Exhibit Exhibit 151, # 153 Exhibit Exhibit 152, # 154 Exhibit Exhibit 153, # 155 Exhibit Exhibit 154, # 156 Exhibit Exhibit 154 Part 2, # 157 Exhibit Exhibit 154 Part 3, # 158 Exhibit Exhibit 154 Part 4, # 159 Exhibit Exhibit 155, # 160 Exhibit Exhibit156, # 161 Exhibit Exhibit 157, # 162 Exhibit Exhibit 158, # 163 Exhibit Exhibit 159, # 164 Exhibit Exhibit 160, # 165 Exhibit Exhibit 161, # 166 Exhibit Exhibit 162, # 167 Exhibit Exhibit 163, # 168 Exhibit Exhibit 164, # 169 Exhibit Exhibit 165, # 170 Exhibit Exhibit 166, # 171 Exhibit Exhibit 167, # 172 Exhibit Exhibit 168, # 173 Exhibit Exhibit 169, # 174 Exhibit Exhibit 170, # 175 Exhibit Exhibit 171, # 176 Exhibit Exhibit 172, # 177 Exhibit Exhibit 173, # 178 Exhibit Exhibit 174, # 179 Exhibit Exhibit 175, # 180 Exhibit Exhibit 176, # 181 Exhibit Exhibit 177, # 182 Exhibit Exhibit 178, # 183 Exhibit Exhibit 179, # 184 Exhibit Exhibit 180, # 185 Exhibit Exhibit 181, # 186 Exhibit Exhibit 182, # 187 Exhibit Exhibits 183 - 187, # 188 Exhibit Exhibit 188)(Figueira, Elizabeth)

Contans

Confidential

and/or

Highly

Conflderitia

nformetion-

Subject

to

Protective

Order

PROSKAUER
Louis M. 1585

ROSE

LI
Figueira

Solomon

LS-7906

Den. Tab

Sroadway

New York NY 100368299
Telephone

2129693000
and
_____________________________

BERNSTEIN LITOWITZ BERGER Max W. Berger MB-SOIQI
1285

GROSSMANN

LLP

Avenue

of the

Aninricas

New York
Telephone Attonieys

NY

10019

2125541400
far Lead

am Named

.Philn4ffs

md the

Prspecthe

Glass

UNITED SlATES DISTRICT FOR THE SOUTHERN DISTRICT

COURT
OF

NEW YORK

FOG BALL SSOC1A HON PREIVHFR LEAGLE LIMITED BOURNE CO togetnei with its affiliate MURBO MUSIC PUBLIShING
TIlE

07

Civ

3582

LLS
CLASS

INcl

CHER

AblE

MUSIC

PURl ISHING

ffOliPAMFNDED
ACTION COMPLAINT
ITRY TRIAL

COMPAPz NC CAT IV ENTER FANMENT LLC ROBERT TUR d/b/a LOS ANGELES

NEWS SERVICE

INAT1ONAI.

MUSIC

DEMANDED

PUBLISHERS ASSOCiATION THE RODGERS HAMMERSTEIN ORGANII Al TON STP GE HREE MUSIC INC EDWARD MARKS ML SIC COMPANY. FREDDY BIENSTOCK MUSIC

US

COMPANY

dicta

RIENSI tiCK PUBLISHING

COMPANY. AU Ft MUSIC CORPORAUON X4CAY DOG MUSIC INC. FEDERATION ffl MUSIC FORC FRANAISE DE TENNIS IRE MUSIC FORCE MEDIA GROUP LLC LLC and SiN4ROME RECORDS. LTD. on
behalf
situated

of themselves

and

all

others

similarly

Plaintiffs

V.

YOLITUBE

INC. INC.

YOUTUI3E

LLC

and

0000LE

Defendants

Contains

Corthdential

and/or

Highly

ContidenUa

Information-

Subject

to

Protective

Order

138-0002

Lead

Plaintiffs

The

Football

Association

Premier League

Liii

ited

and

Bourne

Co.

together

with

its

affiliate

Murbo Music

Publishing

mc

and

Named

Plaintiffs

Cherry Lene

Music

Publishing

Company

Inc.

Cal IV Entertainment

LLC

Robert Tur cUb/a

Los

Angeles

News

Service.

National

Music Publishers Association

The Rodgers

Hammerstein

Organization

Stage

Three

Music

US mc
Bienstock

Edward

B.

Marks Music

Company

Freddy

Bienstock

Music

Company

cUb/a

Publishing

Company

Alley Music Corporation

X-Ray

Dog Music
Force

Inc.

FØddration

Frana.ise

de

TennisThe

Music

Force

Media Group

LLC

The Music

LLC
by

and

Sin-Drome

Records

Ltd.

on

behalf

of themselves and

all

others

similarly

situated

their

attorneys

Proskauer Rose

LLP

arid

Bernstein

Lhowitz

Berger

Grosarnarm

LLP

allege

for their

Second

Amended

Complaint

against

defendants YouTube

Inc.

YouTube LLC
and

together

cyoumbe
and

which

also

refers to

Defendants

website Youluhe.com

Google

Inc.

Google

together

with

YouTube.

Defendants
and
belief as to

on

personal

knowledge

as to matters

relating

to themselves

and

on

information

afl.

other

matters

as

follows

NATURE OF ACTION
This action
is

brought to vindicate

the rights

of owners

of copyrighted

intellectual

property

both

large

and

small.

This

intellectual

property

was

created

and

made

valuable

by the

investment

sometimes

the lifelong

investment

of creativity

dire

talent

energy

and

resources

of content

producers

other

than Defendants

Yet Defendants

which

own

and

operate

the website

YouTube.com.

have

knowingly

misappropriated

and

exploited

this

valuable

property

for their

own

gain without

payment

or license

to

the

owners

of the intellectual

property.

2.

The

Class

as

that term

is

defined

in

Paragraph

45 of

this

Amended

Complaint

consists

of copyright

owners

together

with the owners

of exclusive

rights

in

sound

recordings

Contains

Confideatial

and/or

Highly

Confide-otici

Information-

Subject

to

Protective

Order

138-0003

protected

under

state

law

whose

proprietary

content

Defendants

have

copied

stored

and

electronca1ly

disseminated

publicly

displayed

or performed

in

whole

or substantial

infringing

part

without

the authorization

of the rights owners

YouTube

has done

so
and

first

independently

and

since

November

13 2006 with

the active

knowing

encouragement

complicity

of and

fur the

direct

financial

benefit

of ha parent

Google.

Defendants

have

continued

and

will

continue

their brazen acts of willful copyright

infringement

unless

enjoined

by

this

Court.

3.

The

Class

is

adequately

represented

by The Football

Association

Premier League

Limited

PL
Lead

or the

Premier League
and Bournes

and

Boone

Co.

Boume
Music

together

with the Premier

League

PlaintitTh

affiliate

Murbo

Publishing Inc.

The

Class

is

also

represented

by the

Named

Plaintiffs

Cherry

Lane

Music

Publishing

Company
Music

Inc.

Ca

iv

Entertainment

LLC
The

Robert Tur d/ba

Los Angeles

NewaService

National

Publishers

Association

Rodgers

Hammerstein

Organization

Stage

Three

Music

US

Inc.

Edward

Marks Music

Company

Freddy Ranstock

Muic Conma Dog Music
Force

ty

dibs

Ru.rstcck

Publishing

Company

Alley Music

Corporation

X-Ray

Inc.

FddØration

Franaise

dc Tennis

The Music Force

Media Group

LLC

The Music

LLC. and

Sin-Drome

Records

Ltd.

collectively

Named
other

Plaintiffs.

The

financial

success

and

ability

of Lead

and

Named

Plaintiffs

and

Class

members collectively sometimes

referred

to

herein

as Plaintiffs

to

continue

to

produce

and

distribute

original

and

valuable

creative

works

including

musical

compositions

sound

recordings

motion pictures

television

productions

and

sports

broadcasting

is

dependent

upon

this

Courts

protection

of their property

rights.

The

National

Music

Publisher

Association

which

represents

over 700 music

publishers

is

suing

as an

association

on bvalt of ik copynght

owner

members and seeks only equflabk

relict

no

damagc

Contains

Confidential

and/or

Highly Confidential

Informa1ion

Subject

to

Protective

Order

138-0004

THE PARTIES
flaintiff

ierLeaue
10.

Lead

Plaintiff

Premier

League

the lop

division

of English

soccer

broadcasts

its

copyrighted

creations

in

204

countries

worldwide

and

is

viewed

by audiences

estimated

at

2.59

billion

people.

Premier

League

is

private

limited

company

incorporated

in Engtand

and

Wales

with

principal

place

of business

at

30Giouccster

Place

London

Will 8PL.

Premier

League

owns

the copyright

andior

the

relevant

exclusive

rights

iii

the following

Protected

Works

as

that

term

is

defined

in Paragraph

45

of

this

Amended

CornS .plairt audiovisual

footage

consisting

of soccer

rnatchcs

the

Ph Works
Tottenlimn

among

others

A.

Chelsea

April

2007

B.

Arsenal

West

11am

April

2007

Portsmouth

Manchester

United

April

2007

D.

Watford

Portsmouth

Apr11

2007

F.

Fulham

Manchester

Ci

April

2007

F.

Bolton

Everton

April

2007

CL

Liverpool

Wigan.

April

21

2007

H.

Fulham

Blackburn

April

21 21

2007

I.

West 11am

Everton

April

2007

J.

Manchester

United

Middlesbrough

April

21

2007

K.

Tottenham

Arsenal

April

212007
2007

L.

Chelsea

Bolton

April

28

Everton

Manchester

United

April

28

2007

Contains

Conderiat

and/or

Highly Confidential

riformation-

Subject

to

Protective

Order

138-0005

N.

Middlesbrough

Tottenharn

April

28

2007

0.

Wigan

West

Ham

April

28

2007

P.

Arsenaly

Fulham

April

29

2007

Q.

Liverpool

Chelsea

August

19.

2007

Manchester

United

Tottenharn

August

26 2007

S.

Tottenham

Arsenal

September

15 2007

11

Notwithstanding

the fact

that

Defendants

had

actu4

and

constructive

knowledge

of the presence

of the

above

works

on the YouTube

website

certain

of these

works

remained

or

remain on the YcuTube

website

having been

posted

or re-posted

by users

to

VouTube

despite

YcwTube
works

actual

and

constructive

knowledge

of their infringing

nature

The

fact

that

these

were added

back

to

the

Youlube

website

after

YouTube

had

actual

and

constructive

knowledge

of

their

presence

further

shows

that

notHing

Defendants

of the infringements

is

futile

These

re-posted

works

include

Liverpool

Chelsea

August

192007
takedown

video

dip from

this

match

was

initially

uploaded

on

August

19

2007.

Alter

notice

was sent

the

same

clip

was subsequently

re-posted

twice

on August

21 2007

once

on

August

22

once

on

August

26
B.

once

on

ALigust

27

once

on August

arid

once

again on

August

30.

Manchester

United

Tottenharn

August

26

2007.

Avideo

clip

from

this

match

was

initially

uploaded

on August

26
twice

2007.

After

takedown

notice

was sent

the

same cUr was subsequently

re-posted

on

August

27

twice

on August

28

and

twice

again

on August

30.

Contains

Confidential

and/or

Highly

Confidential

nformadon-

Subiect

to

Protective

Order

138-0006

C.

Tottenharn

Arsenal

September

15 2007.

video

clip

from

this

match

was

initially

uploaded

on

September

15 2007.

After

takedown

notice

was sent

the

same

clip

was subsequently

re-posted

on

September

16

2007.

12.

These

re-posts

were

or are made

in

deliberate

effort to maintain

these

copies

of

infringing

works

on the YouTube

site

with

hill

knowledge

of their infringing

nature.

For

instance

one

work

was

reposted

with an introductory

frame

FK THE

NETRESULT

WNKERS
and showing

referring

to the

monitoring and

take-down

agency

used by the Premier League

that

the

re-post

was made with

the

full

knowledge

of the Premier

Leagues

rights.

Profanity

omitted.

13.

Defendants

are fully aware

of such re-posting

activity

but

as set forth

below

have

chosen

not

to take

rneaningthl

steps to

prevent

it.

14

Since

the

commencement

of th

is

action

more than

14000 unauthorized

postings

of PL

Works have

been

made

to

the

YouTube

website

15.

The PL Works

are not

United

States

works

within

the

meaning

of the U.S.

Copyright

Act and

are therefore

not

subject

to

any

regIstration

requirements

under

U.S.

copyright

law.

In addition

and

without

limiting the Premier

Leagues

rights or remedies

the

Premier

League

is pursuant

to

section

411b

of the U.S.

Copyright

Act

entitled

to

all

remedies

under

U.S.

copyright

law

including

statutory

damages

and

attorneys

fees.

Born-ne

16.

Lead

Plaintiff

Boume

is

an independent

music

publisher

fomied

in

1919 with

principal

place

of

business

at

West 37th

Street

New

YOrk NY.

Bourne

holds

the

exclusive

copyright

interests

in

some of

the

worlds most beloved

and

well-known

songs.

Boume owns

Contains

Confidential

and/or

HFQhW

Confidential

Information-Subject

to

Protective

Order

138-0007

the copyright

and/or

the relevant

exclusive

rights

in

the following

Protected

Works

musical

compositions

the

Boume Works
Inka
Dinka

among

others

A.

Don

registration

number Eu 78547.

renewed

266593

registration

number Ep 39319.

renewed

267341-42.

B.

Lets

Fall In

Love

registration

number Eu 77136 renewed

It

264257

263531

registration

number Pp 39325

renewed

275972.

C.

Popcorn

registration

number Eu 131704 renewed

Re 750-746

registration

number Pp 293632

renewed

799-458.

U.

san

Antonio

Rose

registration

number Eu 225380

renewed

.R

412838

registration

number Pp 84968

renewed

It

412839.

F.

Sthile

registration

number Pp 81.725

renewed

Re

151-113

Re

129-387.

F.

Far Away Places
number Ep 25000

registratIon

number Eu 92652

renewed

585879

registration

renewed

602745.

0.

Confessin

That

Love

You

registration

number Eu 17265 renewed

137325

registration

number Ep 14162 renewed

B.

189021.

17.

Bourne

specifically

identified

number of

the above

works

by

title

copyright

registration

and

infringing

URL.s

where

suth works

appeared

on the YouTuhe

website in the

original

complaint

in this

action

dated

May
entitte4

2007

and

in the First

Amended

Complaint

dated

November

2007

including

the

work

Smile
Detbudants

at

ilwvnwvoutubeco.mJ

watchv7r9qwAZffl64

Despite

the fact

that

were

thereby

notified

of

this

infringement the work

remained

on

the

YouTube

website.

at

the same

URL

for

many

additional

weeks.

10

Oontaftis

Contidenda

and/Dr

Hghi

Confidenflal

Information-

Subjeetto

Prc.tecdve

Order

138-0008

MurboMasicPublishingj.

18.

Plaintiff

Murbo Music

Publishing

Inc.

Murbo
place

an

affiliate

of Lead

Plaintiff

Boume
Street.

is

an independent

music

publisher

with

principal

of business

at

West

37th

New

York NY.

Murbo

is

the copyright

and/or

the

relevant

exclusive

rights

in

the

following

Protected

Works

consistingof

musical

compositions

the

Iviurbo

Works

among

others

Black

Magic

Woman

registration

numbers

Eu 59671.

renewed

Re 719-

457

negistration

number Pp 287018

renewed

Re 774-250

Cherry Lane Music Publishing Company.

Inc.

9.

Plaintiff

Cherry

Lane

Music

Publishing

Company
in

Inc.

Cherry Lane.

isa

New

York-based

privately

held

musicpublisher

founded

1960

by renowned

producer/arranger

Milt Okun.

Cherry

Lane

oversees

an extensive

catalogue

of legendary songs from Elvis

Presley

John

Denver

Quincy

Jones

and

Ashford

Simpson

to

more

recent

popular songs from the

Black

Eyed Peas John Legend

and

\Volfmothei.

Cherry Lanes

partners

and

clients

include

DreamWorks

Pictuies

DreamWorks

Animation

5KG

The

Weinstein

Company
Productions

Lakeshore.

Entertainment

Walden Media

Sanrio

Hello Kittfl NASC.AR

Icon

NFL

Films.

World Wrestling

Entertainment

Professional

Bull

Riders

PokØmon

USA

Inc.

and

4Kids

TV

among

others.

Cherry

Lane

is

incorporated

in

New

York

and

has

its

principal

place

of business

at

East 32nd

Street

New

York. NY.

Cherry Lane owns

the

copyright

andlor

the relevant

exclusive

rights

in

the following

Protected

Works

consisting

of musical

compositions

the

Cherry Lane

Works

among

others

11

Contains

Contictenfia

and/or

HigMy

Coalidential

ritormation-

Subject

to

Proteotive

Order

138-0009

A.

Afternoon

DeliS

registration

number Eu 648070 renewed

Re 895-

945

registration

numbers

Pp 354821 Pp 358013

and

Pp 360542.

Thank
Re 861-042

God

Im

Country

Boy

registration

number

Eu 469657

renewed

registration

numbers

Pp 370986

Pp 371122

Ep371

123.

American

Beauty

registration

number Pa

1-004-147.

D.

Soul

Bossa

Nova

registration

number Pp 169395 renewed

Re 468-838

registration

number Pp 340886.

P.

Strawberry

Letter

23

registration

number Eu 270903

registration

number Pa 587

521

Cal IV Entertainment

LLC

20.

Plaintiff

Cal IV Entertainment

LLC

hereinafter

Cal

IV
and

is

privately-held

independent

music

publisher

organized

under

the laws

of Tennessee

has

its

principal

place

of business

at

808

19th

Avenue

South

Nashville

TN.

Cal

IV holds

the copyright

interests

in

nearly

15000

songs

many

of which

have

been

recorded by leading

country

music

artists.

Cal

IV owns

the copyright

and/or

the relevant

exclusive

rights

in

the

following

Protected

Works

consisting

of musical

compositions

the Cal IV

Works
Hell

among

others

A.

If Youre

Going

Through

registration

number Pa 1321261.

B.

Sharing

The

Night

Together

registration

numbers

Eu 640334

Eu

$66747.

Robert

fur

d/b/a

Los

Angeles

News

Service

21

Plaintiff

Robert

Tm

dfb/a

Los

Angeles

News

Service

Tar
of events

is

worId-renoted

broadcast

journalist

who

virtually

invented

live

televised

coverage

from the vantage

12

Contains

Confidenat

and/or

High

Confidentiat

n1orrnation

Subject

to

Protective

Order

138-00 10

point

of

helicopter.

Turs work

which

has

won

several

Emmy awards
Simpson

and

the

prestigious

Edward

R.

Murrow

award

includes

the

now

inftmous

07
Riots.

slow

speed

White Bronco

chase

and

the Reginald

Denny

beating

during the

LA

Tars

principal

place

of business

is

at

1247

Lincoln

Blvd.

Santa Monica.

Calithrnia

90401.

Tar owns

the

copyæght

and/or

the

relevant

exclusive

rights

in the following

Protected

Works

consisting

of video or audiovisual

works

the

Tur

Works

among

others

A.

Beating

of

Man

in

Brown Hatchback

with rescue

rtgistration

number

Pa 576

702.

B.

Beating

of Man

in

White

Panel

Truck

registration

number Pa 576

703.

C.

Beating

of Reginald

Denny

registration

number Pa 576

704.

D.

Earthquake
North

registration

number Pa 839-603.

B.

Hollywood Shootout

registration

number Pa 862-544

National

Music Publishers

Association

22
music

Plaintiff

NMPA

is

the preeminent

trade

association

representing

the interests

of

publishers

in the United

States

with

principal

rlaee

of business

at

101

Constitution

Ave.

NW

Suite

705

East Washington

DC

Founded

in

1917

NMPAs

mission

for nearly

centuiy

has been

to

protect

promote and advance

the interests of the creators

and

owners

of copyrighted

musical

works.

NMPA

currently

has

crver

700

members

including

both small

and

large

music

publishers whose

intcrests

it

has

long protected

before

Congress

the

US.

Copyright

Office

and

the

courts.

NMP.As

wholly

owned

licensing

subsidiary

The Harry

Fox Agency

Inc.

HFA
control

acts as an

agent

for almost

35000 music

publishing

entities

that

cot leetively

own andor

more

than

1.6

million

copyrighted

musical

works.

HFA
in

is

by

far

the

largest mechanical

licensing

and

collection

agency

for

musical

publishers

the United

States

with

principal

place

13

Contains

ConfidenUal

and/or

Highly

Confidential

nformation-

Subject

to

Protective

Order

138-0011

of business

at

601

West

26th

Street

5th

Floor

New York NY.
form of physical

HEA

licenses

copyrighted

thusical

works

for reproduction

and

distribution

in the

phonorecords

CPa

cassette

tapes

and

phonorceords

as veIl

as for reproduction

distribution

and

display

over the Internet

through

digital

download

and

streaming services

in

the form

of digital phonorecord

deliveries

or

DPDs.
uses

HFA

also

licenses

musical

compositions

in

connection

with other

physical

and

digital

HFA
and

collects

and

distributes

royalties

derived

from these

licensed

uses

of copyrighted

music

conducts

royalty

examinations

of licensees

on behalf of

its

publisher-principals.

23.

Central

to

NMPAs

purpose

is

safeguarding

the value

of

its

members

intellectual

property.

The

present

action

presents

critical

issues

for

owners

of copyrighted

works

including

all

of

NMPAs.

members whose

copyrights

are being

infringed

by Defendants

.Because

the

question

of the legality of Defendants

conduct

affects

NMPAs
the

members

in an

identical

manner

the equitable

relief sought by

NMPA

herein

does not require

participation

of

NMPAs

individual

members.

The

Rodgers

Hammerstein

Organization

24.

Plaintiff

Rodgers

Hammerstein

Organization

RHO
Suite

on behalf of

itself

and

WJliamson

Muslc

Co

is

ajoint

enture

eqtablished

under

the laws

of the State

orNew

rork

with

principal

place

of business

at

1065

Avenue of

the

Americas

2400

New
and/or

York

NY.

RHO

is

member of

NMPA

and

aprincipal

of

TWA

RHO

owns

the

copyright

the relevant

exclusive

rights

in

the

following

Proteoted

Works

consisting

of musical

compositions

the

RHO Works
Bali

among

others

A.

Hai

registration

number Ep 34937 renewed

647156.

14 I-

Contains

Confidential

arid/or

Highly

Confidential

information-

Subject

to

Protective

Order

138-00

12

B.

The

Carousel

Waltz

registration

number Eu 421279

renewed

549622

registration

number Ep 831 renewed

560321

renewed

554966

restration

number Pa 175155.

C.

Climb Evry Mountain

registration

number Ep 141696.

renewed

Re 338-191.

D.

Do-Re-Mi
Re 335-268.

registration

number Ep 134312 renewed

Re 329-350

renewed

P.

Edelweiss RE
335-357

registtation

number Eu 602935

renewed

Re 332-881

renewed

registration

number Ep 136496 renewed

Re 358448.

F.

Getting

to

Know

You

registration

number Ep 54068

renewed

Re

17-

518

Stisge

Three Music

US

inc.

25

Plaintiff

Stage

Three

Music

US
place

Inc.

Stage

is

leading

independent

music

publisher

formed in 2003

with

principal

of business

at

13A

Hiligate

Street

London.

W8

7SP.

Stage

is

member of

NMPA

and

principal

of FlEA

Stage

owns

the copyright

andior

the relevant

exclusive

rights

in

the following

Protected

Works

consisting

of musical

compositions

the

Stage

Works. wiong
This

others

A.

Walk

Way

registration

number Eu 569366

renewed

Re 886-653

registration

number Ep 380213.

B.

Dream Back

On
the

registration

number Eu 381003 renewed

Re 844-286.

C.

in

Saddle

registration

number Eu 758246

registration

number

Ep 380124
renewed

D.

Sweet

Emotion

registration

number Eu 569371.

Re

887-602.

.15

Contains

Contidenflal

andfor

Hghty

Condenfla

Information-

Sulect

to

Protective

Order

138-00

13

ii

La Grange

registration

number Eu 426196

renewed

Re

834-512

registration

number En 337257.

F.

Tush

registration

number Eu 568381

renewed

Re 886-650

registration

number Pa 35-744.

0.

Sharp Dressed

Man

registration

number Pa

170-377.

FL

Legs
Gimme

registration

number Pa

170-380.

I.

All

Your Lovin

registration

number Pa

170-557.

Edward

B.

Marks

Music Company

26.

Plaintiff

Edward

B.

Marks Music

Company
music

EBMMCo
and

formed

in

1894

holds

the

exclusive

copyoght

interests

itt

numerous

concert

opular song
and has

titles

EBMMCO
place

is

partnership

organized

under

the laws

of the

state

of

New

York

its

principal

of

business

at

126

East

38th Street

New York
the

NY

10016.

EBMMCo

owns

the copyright

and/or

the relevant

exclusive

rights

in

following

Protected

Works

consisting

of musical

compositions

the

EBMMCo Works Id
Do
Anything

among

others

A.

For Love

But

Wont

Do

That

registration.

numbers

PA 668-441 PA
B.

677-622

God

Bless

The Child

registration

numbcr Ep 96565.

rercwcd

440611.

Freddy Bienstock

Music Company

27.

Plaintiff

Freddy Bienstock

Music

company

d/b/a

Bienstock.

Publishing

Company

B.rcnstock

hoes

the

exclusive

copyrigin

interests

in

numc

tons

concert

msc
of

5110

pooulrir

song

titles

Bicnstock

is

partnership

organized under

the laws

of the

state

New

York

and

has

16

Contains

Confidential

and/or

High

Canfldential

lnformaon-

Subject

to

Protective

Order

138-00

14

its

principal

place

of business

at

126

East

8th.

Street

New

York

NY

10016.

Bietistock

owus

the

copyright

and/or

the relevant

exclusive

rights in the

following

Protected

Works

consisting

of

musical

compositions

the Bienstock

Works

among

others

A.

The

Revolution

Will Not Be Televised

registration

number Eu 269324

renewed

RE

671-567.

A1le

Music Cornoration

28.

Plaintiff

Alley Music

Corporation

Alley
titles.

holds

the

exclusive

copyright

interests

in

numerous

concert

music

and

popular song

Alley

is

incorporated

in

New

York

and

has

its

principal

place

of business

at

126

East

38th

Street.

New

York

NY

10016.

Alley

owns

the

copyright

and/or

the relevant

exclusive

rights

in

the thilowing

Protected

Works

consisting

of musical

compositions

the

Alley

Works

among

others

Get

the

Sweetest

Feeling

registration

number Eu $8217 renewed

Re 718-147 Re 740-294

registration

number Pp 250514

renewed

Re 718-157 Re 740-293.

29 1nc

Alley

Bienstock

and

EBM_MCo

are affiliates

or subsidiaries

of Carlin America

leading

independent

music

publishing

company.

flcIne
30. Plaintiff

X-Ray Dog Music

Inc.

X-Ray
sound

Dog

was formed

in

1995

and

is

an

innovator

in

the creation

of original

music

and

recordings

used

in

motion

picture

film

trailers

including

such

theatrical

blockbusters

as

The Lord of

the Rings

Pirates

of the

Caribbean

Spiderman

and

Harry

Potter.

Its

musical compositions

and

sound

recordings

are

17

Contains

Confidential

and/or

Highly

Confldential

information-

Subject

to

Protective

Order

138-00

15

licensed

to

film

producers for limited

purposes

and

X-Ray Dog

retains

all

rights

in

them

for

future

licensing

in

connection

with other

films and

projects.

X-Ray Dog

is

incorporated

in

California

and

has

its

principal

place

of business

at

1023

N.

Hollywood

Way

Suite

103

Burbank

CA

X-Ray Dog owns

the copyright

and/or

the relevant

exclusive

rights

in the

following

Protected

Works
others

consistirtg

of musical compositions

and

sound

recordings

XRav

Dog

Works

among

Here Comes
B.

The

King

registration

nunther

SR

63-745

Dethroned

registration

number SR 363-767.

FdØration

Frncaise de Tennis

3.

Plaintiff

FØddratio.n

Franaise

de Tennis

FF1

is

Frances

national

tennis

organization

arid

organizes

the Roland-GaiTos

International

Championships

also

known

as the

French

Open.

FF1

has

its

principal

place

of business

at

Avenue Gordon

Bennett

75016

Pads

Frerc.

vrus

the

cop

nght and/or

the rel

ant

exclusis

bins

in the fol

owing

Protected

Works

consisting

of audiovisual

footage

of tennis

matches

CtFFT

torks
2007.

among

others

A.

Roger

Federer

Nicolay

Davydenko

June

B.

Ernests

Gulbis

Tim Henman

May 29
June

2007.

C.

Ana

Ivanovie

Maria

Sharapova

2007.

32.

The

FFT Works

are not

United

States

works

within

the meaning

of the U.S.

Copyright

Act and

are therefore

not

subject

to

any

registration

requirements

under

U.S.

copyright

aw
411b

In

addition and

without

limiting

FFTs

rights

or remedies

FF1

is pursuant

to

section

of the U.S.

Copyright

Act

entitled

to

all

remedies under

U.S.

copyright

law

ineluding

statutory

damages

and

attorneys

fees.

18

Contains

Contidanlial

and/or

High

Conlidentini

Information

Subject

to

Protective

Order

138-00 16

The

Music Force

33.

Plaintiffs

The

Music

Force

Media Oroun

LLC

major independent

record

company

organized

under

the laws of Tennessee

The

Music

Force

LLC
and

highly

respected

independent

music

publisher

organized

under

the laws

of Tennessee

Sin-Drome

Records.

Ltd.

an independent

record

company

incorporated

in California

together

with their

affiliated

and

related

companies

collectively flie

Music

Force
represent

all

with

prneipal

place

of business

at

4658

Wortser

Ave.

Sherman Oaks

CA
in

91423

musical compositions

ambodied

in

sound

recordings

which

have

sold

exces of 50

million

units

recorded

by

Artists

such

as

Alicia

Keyes

Neil

Diamond

Peter

Cetera Anita

Baker Tupac

Shakur

and

Notorious

RhO.
and

have

received

multiple

Orammy

nominations

including

Gramm.y award

and

other

awards

own

the

copyrights

and/or

the relevant

exclusive

rights

in

the following

Protected

Works
Music Force

consisting

of sound

recordings

visual

material

and

musical

compositions

The

Works

among

others

Stuck

on

You You You
Wont

registration

number

SR
Pan

132325

sound

recording.

B.

Stuck on

registration

numbe.r

6143

70

visual

material.

C.

Stuck on

registration

number PA 52782

musica

composition.

D.

What

You

Do

For

Love

registration

number SR 04796

sound

recording.

B.

Defendants

34.

Defendant

YcuTube

Inc.

is

corporation

organized

and

existing

under

the laws

of the State of Delaware

and

with

its

principal

place

of business

at

1000

Cherry Avenue

San

Bruno

Calitbrnia

YouTube

Inc.

was founded

in

February 2005

Although

YouTube

19

Contains

Confidential

and/or

Highly Con1dential

lnfomiaon- Subject

to

Protective

Order

138-00 17

43.

This

Court also has personal

jurisdiction

over

Defendants

pursuant

to

CPLR

302.

Defthdants

individually

and

collectively

acting

alone

and

in

concert

tansact

business

within

New

York

State

and

this

Dish-ict

and

supply goods

and

services

in

New

York

State

by

permitting

users

who

reside

in

New

York

State

frequently

to

upload

arid

view

videos.

CPLR
York
State

302al.

Defendants

commit

tortious

acts

of copyright

infiingernent

within

New

every time they

permit

encourage

and

enable

user

to

view

copyright

protected

video

without

license

or permission

of the copyright

owner

CPLR

302a2
State

Defendants

commit

tortious

acts

of copyright

infringement outside

ofNewYork

which

cause injury within

New

York

State every time they permit

encourage

and

enable

user to

view

an infringing

video

clip

without

the

express

permission

or license

of

New

York

State

resident

copyright

holders.

CPLR

302aX3.

Defendants

regularly

do

and

solicit

business

within

New
CPLR

York

State

and derive

substantial

revenue

front

their

services

within

New

York

State

302a3i.
roasonably
Ct

1k tendans

derive

substatial

reenue

2ntei

state

commerce and

shou

FOOt

then

copyright

infringement to have

consequences

in

New York

State

CPLR

302aX3Qi.

44.

Venue

is

proper

in this

District pursuant

to

28

U.S.C.

1391b

and

and

1400a.

CLASS ACTION ALLEGATiONS
45. Plaintiffs bring
this

action

on behalf

of themselves and

as

class

action

pursuant

to

Federal

Rules

of Civil

Procedure

23a

and

23bl 23b2 23b3
and
entities

and/or

23cPj
and/or

on

behalf

of

class

initially

defined

as all persons

that

own

the

copyright

the

relevant

exclusive

rights

in an

original

work

arid

for which

certificate

of registration

has

been

sscc

tie

aepos

app

lcnon

arid

fee reourred

for iegistnrion

avc

been

properly

submitted to the U.S.

Copyright

Office

and/or

in

the case

of

certairt

sound

recordings

own

fin

Contains

Contidential

arid/or

Hghly

Conlidential

nioriraton-

Subject

to

Protective

Order

138-00

18

the

exclusive

rights

protected

under

state

law

and/or

own

the exclusive

rights

in

an

unregxstered

copyrighted

work

and

will have

registered

that

work

prior to

the time of final

judgment

in

this

action

and/or

own

work

that

does

not require

registration

as

matter

of

law

subsections

a-e

collectively

are sometimes

referred

to

herein

as Protected

Works
performed

that

without

authoiizatiou

was reproduced

adapted

disnibuted

publicly

dilayed
website

or otherwise

transmitted

or disseminated

on

or through

the

YouTube

corn

on

or after

April

15 2005

through the deadline

for submitting

claim form in

this

action

as will be

determined

by the Court the

Class.

Excluded

from the Class

are

Defendants

the

subsidiaries

and

affiliates

of Defendants

any person or entity

who

is

partner

officer.

director

employee

or controlling

person of any

Defendant

any

entity

in which

any

Defendant

has

controlling

interest

any

copyright

holder

including

any

Strategic

Partner

in

respect

of those

Protected

Works

and

uses

which

had

been

duly authorized

for the Defendants

to

exploit

at

the

time

Defendants

engaged

in

such

acts

the

Legal

representatives

heirs

successors

and

assigns

of any

excluded

party.

46.

This action

has been

brought

and

may
or

properly

be

maintained

pursuant

to

Federal

Rules

of Civil Procedure

23tafl-4

23hi

23cft

and

case

law thereunder

47.

Numerositv

Of The Class FedjtCivP

23al.

The members of

the

Class

are

so

numerous

that

joinder

of

all

members

is

impracticable

According

to

NielsenfttetRatings

leading

Internet

audience

measurement

firm

Vouluhe

has

approximately

20

million

visitors

per

month Youtube

has admitted

in

court

filings

that

in

July

2006

more

than

20

million

unique

visitors vtewed

YouTubes

website.

Since

July

2006 YonTube

has

reported

in its press

releases

that

its

users view

more

than

100

million

videos every single

day.

Nielsen Online Report

indicates

that

in July

2008 YouTube

had

more

than

74 million unique visitors

These

visitors

23