Entity Production, Inc. v. Psychopathic Records, Inc., et al

Filing 1

Complaint with jury demand against Joseph Bruce, Insane Clown Posse, LLC, Psychopathic Records, Inc., Joseph Utsler. Filing fee paid $ 350, Receipt number 0647-5003376. Filed by Entity Production, Inc.. (Attachments: # 1 Exhibit A, Copyrighted Recordings, # 2 Exhibit B, Copyrighted Compositions, # 3 Exhibit C, October 20, 2009 Letter, # 4 Civil Cover Sheet) (Avsec, Mark)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

ENTITY PRODUCTION, INC.,

Plaintiff,
v.
PSYCHOPATHIC RECORDS, INC.
and
INSANE CLOWN POSSE, LLC
and
JOSEPH BRUCE, P/K/A VIOLENT J
and
JOSEPH UTSLER, P/K/A SHAGGY 2 DOPE,

Defendants.

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CASE NO. 1:11-cv-2349

JUDGE:

JURY TRIAL DEMANDED

COMPLAINT
For its complaint against Psychopathic Records, Inc. (“Psychopathic Records”),
Insane Clown Posse, LLC (“ICP LLC”), Joseph Bruce, p/k/a Violent J (“Bruce”), and Joseph
Utsler, p/k/a Shaggy 2 Dope (“Utsler” and, together with Psychopathic Records, ICP LLC, and
Bruce, “Defendants”), Plaintiff Entity Production, Inc. (“Entity Productions” or “Plaintiff”), for
itself and for its music publishing division, Linfaldia Records, alleges as follows:

THE PARTIES
1.

Entity Production, Inc. is a corporation organized and existing under the

laws of the State of Ohio with its principal place of business at 11510 Boxwood Circle, Chardon,
Ohio 44024.
2.

On information and belief, Psychopathic Records, Inc. is a corporation

organized and existing under the laws of the State of Michigan with its principal place of
business at 32575 Folsom Road, Farmington Hills, Michigan 48336.
3.

On information and belief, Insane Clown Posse, LLC is a limited liability

company organized and existing under the laws of the State of Michigan with its principal place
of business at 32575 Folsom Road, Farmington Hills, Michigan 48336.
4.

Bruce is an individual who, on information and belief, resides in the State

5.

On information and belief, Bruce is a co-founder and principal of

of Michigan.

Psychopathic Records.
6.

On information and belief, Bruce is a co-founder and principal of ICP

7.

Utsler is an individual who, on information and belief, resides in the State

8.

On information and belief, Utsler is a co-founder and principal of

LLC.

of Michigan.

Psychopathic Records.
9.

On information and belief, Utsler is a co-founder and principal of ICP

LLC.

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JURISDICTION AND VENUE
10.

This is an action for copyright infringement arising under the laws of the

United States, specifically the Federal Copyright Act of 1976, 17 U.S.C. §§ 101 et seq. (the
“Copyright Act”).
11.

This Court has subject matter jurisdiction over this matter pursuant to 28

U.S.C. §§ 1331 and 1338.
12.

This Court has personal jurisdiction over Defendants because Defendants

do business in this judicial district, and because the claims asserted herein arose in this judicial
district.
13.

Venue is proper in this judicial district under 28 U.S.C. § 1391(b).

14.

Venue is also proper in this judicial district under 28 U.S.C. § 1391(a)

because there is diversity of citizenship.
BACKGROUND
15.

Entity Productions is engaged in the business of producing sound

recordings, and distributing, selling, and/or licensing the distribution and sale of its sound
recordings in phonorecords (as defined in 17 U.S.C. § 101) throughout the world. Entity
Productions invests substantial sums of money, as well as time, effort, and creative talent, to
create, advertise, promote, sell, and license phonorecords embodying the performances of one
recording artist, “Midnight Syndicate,” a musical group comprised of composers and musicians
Edward Douglas (“Douglas”) and Gavin Goszka (“Goszka”).
16.

“Midnight Syndicate” is a premier producer of high-end gothic and

Halloween-themed music in the United States and beyond. Entity Productions has sold, in the
aggregate, nearly a half million Midnight Syndicate CDs through thousands of retailers
worldwide. The music has been used in films and videogames, has been performed on major
3

television networks, and is a staple at amusement parks worldwide, including, without limitation,
at Six Flags, Universal Studios, and Busch Gardens.
17.

Douglas and Goszka originally applied for and obtained Certificates of

Copyright Registration issued by the Register of Copyrights for those sound recordings recorded
by Midnight Syndicate that are listed on Exhibit A hereto (the “Copyrighted Recordings”).
18.

Through a written copyright assignment agreement, Entity Productions

acquired all of Douglas’s and Goszka’s right, title and interest in and to the Copyrighted
Recordings. Accordingly, Entity Productions is the owner of exclusive rights under copyright
with respect to the Copyrighted Recordings, including the right to reproduce the Copyrighted
Recordings in phonorecords, the right to prepare derivative works based upon the Copyrighted
Recordings, the right to distribute phonorecords embodying the Copyrighted Recordings, and the
right to perform the Copyrighted Recordings publicly by means of digital audio transmissions,
under 17 U.S.C. §§ 106(1), 106(2), 106(3), 106(6).
19.

Pursuant to the governing assignment document, Entity Productions also

has the exclusive right to sue third parties for past, present or future infringement of the
Copyrighted Recordings.
20.

Douglas and Goszka originally applied for and obtained Certificates of

Copyright Registration issued by the Register of Copyrights for those musical compositions that
have been recorded by Midnight Syndicate that are listed on Exhibit B hereto (the “Copyrighted
Compositions”).
21.

Through a written copyright assignment agreement, Entity Productions

acquired all of Douglas’s and Goszka’s right, title and interest in and to the Copyrighted
Compositions.

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22.

Accordingly, Entity Productions, through its music publishing division,

Linfaldia Records, is the owner of exclusive rights under copyright with respect to the
Copyrighted Compositions, including the right to reproduce the Copyrighted Compositions in
phonorecords, the right to prepare derivative works based upon the Copyrighted Compositions,
the right to distribute phonorecords embodying the Copyrighted Compositions, and the right to
perform the Copyrighted Compositions publicly, under 17 U.S.C. §§ 106(1), 106(2), 106(3),
106(4).
23.

Pursuant to the governing assignment document, Entity Productions also

has the exclusive right to sue third parties for past, present or future infringement of the
Copyrighted Compositions.
24.

Bruce and Utsler perform together in a musical group known as Insane

25.

Bruce and Utsler have performed together as Insane Clown Posse several

Clown Posse.

times in Cleveland, Ohio venues within this district.
26.

Bruce and Utsler have performed at the Agora Theater and Ballroom and

at Peabody’s Concert Club within this district.
27.

Bruce and Utsler performed within this district on July 15, 2011.

28.

According to <insaneclownposse.com>:

When Insane Clown Posse (ICP) emerged from the darkness surrounding
Detroit’s underground music scene in the early 90s, the world had yet to
imagine the impact that the hardcore hip-hop style spawned by these two
artists – Violent J [Bruce] and Shaggy 2 Dope [Utsler] – would bring to
bear on mainstream music. Shunned by mainstream music players like
MTV and castigated in the media, banned from radio airwaves and yanked
from the shelves of “conventional” retail outlets, ICP was dealt a hand that
seemed destined for swift and certain failure. Instead, the duo amassed a
following of millions of fans endearingly called “Juggalos” and smashed
through the ceiling of music industry expectation. Today they have

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become a worldwide phenomenon selling albums all over the globe,
amassing millions of hits as well as SNL parodies for their music videos
and infomercials on youtube, and put on the infamous annual Gathering of
the Juggalos. Year after year the event is covered by mainstream media
all over the nation and coming up on their 12th Annual Gathering of the
Juggalos this year in 2011 it is no different. To outsiders it is a spectacular
movement which causes shock and horror, but to the Juggalos and
Juggalettes of the world it is home.
29.

According to <wikipedia.org/wiki/Insane_Clown_Posse >:

Insane Clown Posse is an American hip hop duo from Detroit,
Michigan. The group is composed of Joseph Bruce and Joseph
Utsler, who perform under the respective personas of the “wicked
clowns” Violent J and Shaggy 2 Dope. Insane Clown Posse
performs a style of hardcore hip hop known as horrorcore and is
known for its elaborate live performances. The duo has earned two
platinum and five gold albums. According to Nielsen SoundScan,
the entire catalog of the group has sold 6.5 million units in the
United States and Canada as of April 2007.
30.

On information and belief, Alex Abbiss (“Abbiss”) has served as Insane

Clown Posse’s personal manager since the early 1990s.
31.

On information and belief, Psychopathic Records is an American

independent record label based in Farmington Hills, Michigan that specializes in hip hop music.
32.

On information and belief, Psychopathic Records was founded by Bruce,

Utsler, and Abbiss.
33.

On information and belief, Psychopathic Records is co-owned by Bruce,

Utsler, and Abbiss (alone or with other shareholders).
34.

On information and belief, Bruce is a present and/or former officer of

Psychopathic Records.
35.

On information and belief, Utsler is a present and/or former officer of

Psychopathic Records.

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36.

On information and belief, Abbiss is a present and/or former officer of

Psychopathic Records.
37.

Psychopathic Records owns and has commercially released various sound

recordings featuring Insane Clown Posse.
38.

Psychopathic Records commercially released the Insane Clown Posse

album “Hell’s Pit.”
39.

According to <wikipedia.org/wiki/Psychopathic_Records>: “In addition

to producing music, the label has several other subsidiaries that deal with merchandise, video,
and professional wrestling. Psychopathic runs its own manufacturing and distribution operations
for merchandise, managing nearly 30 full-time employees. The label produces an average $10
million in revenue per year, and has been continuously producing well since its creation.”
40.

Psychopathic Records commercially released an album called “Tales From

the Lotus Pad,” featuring the artist Dark Lotus.
41.

On information and belief, Dark Lotus is or was a musical group

comprised of Bruce and Utsler, in addition to others.
42.

Psychopathic Records commercially released an album called “Mirror

Mirror,” featuring the artist Twiztid.
43.

Psychopathic Records has sold merchandise to customers within this

44.

On information and belief, Psychopathic Records regularly sells

district.

merchandise to customers within this district, and continues to do so.

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45.

On information and belief, ICP LLC is involved in record production

services and marketing sound recordings for Insane Clown Posse and is the owner of several
INSANE CLOWN POSSE trademarks.
46.

ICP LLC is the owner of U.S. Trademark Registration No. 2,357,307 (the

“ICP Sound Recording Registration”) for INSANE CLOWN POSSE® for use in connection
with a “series of musical sound recordings and pre-recorded videotapes featuring musical
performances” in International Class 009. The ICP Sound Recording Registration issued to ICP
LLC on June 13, 2000, and is based on a first use in interstate commerce in June 1993.
47.

ICP LLC is also the owner of U.S. Trademark Registration No. 2,332,836

(the “ICP Record Production Registration” and, together with the ICP Sound Recording
Registration, the “ICP Album and Sound Recording Production Trademark Registrations”) for
INSANE CLOWN POSSE® for use in connection with “record production services, music
publishing services, and entertainment services in the nature of live performances by a musical
band” in International Class 041. The ICP Record Production Registration issued to ICP LLC on
March 21, 2000, and is based on a first use in interstate commerce in June 1993.
THE INFRINGEMENTS
48.

In the Summer of 2009, Plaintiff discovered that Psychopathic Records’

“Mirror Mirror” album (featuring Twiztid) and Psychopathic Records’ “Tales From the Lotus
Pod” album (featuring Dark Lotus) contained significant excerpts of several Midnight Syndicate
recordings and musical compositions, i.e., several Copyrighted Recordings and Copyrighted
Compositions, without Plaintiff’s permission.
49.

Neither Plaintiff nor anyone affiliated with Plaintiff knew or had reason to

know of the use of the Copyrighted Recordings and Copyrighted Compositions in Twiztid’s

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“Mirror Mirror” album and in Dark Lotus’s “Tales From the Lotus Pod” album prior to the
Summer of 2009.
50.

The Midnight Syndicate sound recording “Raven’s Hollow” is part of

Midnight Syndicate’s Realm of Shadows album and has been registered with the Copyright
Office as part of Registration SR 277-121.
51.

The Midnight Syndicate musical composition “Raven’s Hollow” is part of

Edward J. Douglas’s Songs From “Realm of Shadows” and has been registered with the
Copyright Office as part of Registration PA 996-400.
52.

Both the “Raven’s Hollow” sound recording and musical composition

were used as the music track for “Intro,” which is contained on Psychopathic Records’ “Tales
From the Lotus Pod” album (featuring Dark Lotus).
53.

“Intro” on “Tales From the Lotus Pod” is basically Midnight Syndicate’s

“Raven’s Hollow” recording and musical composition with Dark Lotus’s vocals overdubbed.
54.

None of the Defendants sought permission and obtained a license from

Plaintiff, Douglas, Goszka, or anyone in the Midnight Syndicate organization to use the
“Raven’s Hollow” sound recording.
55.

None of the Defendants sought permission and obtained a license from

Plaintiff, Douglas, Goszka, or anyone in the Midnight Syndicate organization to use the
“Raven’s Hollow” musical composition.
56.

The Midnight Syndicate sound recording “Haunted Nursery” is part of

Midnight Syndicate’s Born Of The Night album and has been registered with the Copyright
Office as part of Registration SR 246-930.

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57.

The Midnight Syndicate musical composition “Haunted Nursery” is part

of Edward J. Douglas’s Songs From “Born of the Night” and has been registered with the
Copyright Office as part of Registration PA 998-111.
58.

Both the “Haunted Nursery” sound recording and musical composition

were used as the music track for “Mirror,” which is contained on Psychopathic Records’ “Mirror
Mirror” album (featuring Twiztid).
59.

“Mirror” is basically Midnight Syndicate’s “Haunted Nursery” recording

and musical composition with Twiztid’s vocals overdubbed.
60.

None of the Defendants sought permission and obtained a license from

Plaintiff, Douglas, Goszka, or anyone in the Midnight Syndicate organization to use the
“Haunted Nursery” sound recording.
61.

None of the Defendants sought permission and obtained a license from

Plaintiff, Douglas, Goszka, or anyone in the Midnight Syndicate organization to use the
“Haunted Nursery” musical composition.
62.

The Midnight Syndicate sound recording “Halls of Insurrection” is part of

Midnight Syndicate’s Gates of Delirium album and has been registered with the Copyright
Office as part of Registration SR 291-407.
63.

The Midnight Syndicate musical composition “Halls of Insurrection” is

part of Gavin M. Goska’s Songs From “Gates Of Delirium” and has been registered with the
Copyright Office as part of Registration PA 1-032-795.
64.

Both the “Halls of Insurrection” sound recording and musical composition

were used as the music track for “The World,” which is contained on Psychopathic Records’
“Mirror Mirror” album (featuring Twiztid).

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65.

Midnight Syndicate’s “Halls of Insurrection” recording and musical

composition are looped in the background for the entire duration of “The World”; Twiztid’s
vocals and rhythmic instruments are overdubbed over the top of Midnight Syndicate’s recorded
music.
66.

None of the Defendants sought permission and obtained a license from

Plaintiff, Douglas, Goszka, or anyone in the Midnight Syndicate organization to use the “Halls of
Insurrection” sound recording.
67.

None of the Defendants sought permission and obtained a license from

Plaintiff, Douglas, Goszka, or anyone in the Midnight Syndicate organization to use the “Halls of
Insurrection” musical composition.
68.

On October 20, 2009, Plaintiff’s attorney sent a letter to Psychopathic

Records (to the attention of the President or Legal Department) at Psychopathic Records’ correct
address detailing the unauthorized use of Plaintiff’s Copyrighted Recordings and Copyrighted
Compositions in the “Tales From the Lotus Pod” album and the “Mirror Mirror” album.
Through this letter, Defendants were unequivocally put on notice that any further uses of
Midnight Syndicate music, including on existing Psychopathic Records’ products, were
contingent upon Defendants obtaining permission from Midnight Syndicate and negotiating a
license fee. A true and correct copy of this letter is attached hereto as Exhibit C.
69.

Neither Plaintiff nor its attorney ever received a reply to the October 20,

70.

On information and belief, the October 20, 2009 letter was ignored by

2009 letter.

Defendants.

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71.

Recently, in the Summer of 2011, Plaintiff discovered for the first time

that several Midnight Syndicate tracks, i.e., several Copyrighted Recordings and Copyrighted
Compositions, were also used without permission on Psychopathic Records’ “Hell’s Pit” album
(featuring Insane Clown Posse).
72.

Neither Plaintiff nor anyone affiliated with Plaintiff knew or had reason to

know of the use of the Copyrighted Recordings and Copyrighted Compositions in Insane Clown
Posse’s “Hell’s Pit” album prior to the Summer of 2011.
73.

The Midnight Syndicate sound recording “Vampyre” is part of Midnight

Syndicate’s Vampyre: Symphonies from the Crypt album and has been registered with the
Copyright Office as part of Registration SR 321-003.
74.

The Midnight Syndicate musical composition “Vampyre” is part of

Edward J. Douglas’s Songs From “Vampyre” and has been registered with the Copyright Office
as part of Registration PA 1-060-589.
75.

Both the sound recording and musical composition “Vampyre” were used

as the music track for “Intro,” which is contained on Psychopathic Records’ “Hell’s Pit” album
(featuring Insane Clown Posse).
76.

“Intro” on the “Hell’s Pit” album is basically Midnight Syndicate’s

“Vampyre” recording and musical composition with Bruce’s and Utsler’s vocals overdubbed.
77.

None of the Defendants sought permission and obtained a license from

Plaintiff, Douglas, Goszka, or anyone in the Midnight Syndicate organization to use the
“Vampyre” sound recording.

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78.

None of the Defendants sought permission and obtained a license from

Plaintiff, Douglas, Goszka, or anyone in the Midnight Syndicate organization to use the
“Vampyre” musical composition.
79.

The Midnight Syndicate sound recording “Awakening” is part of Midnight

Syndicate’s Vampyre: Symphonies from the Crypt album and has been registered with the
Copyright Office as part of Registration SR 321-003.
80.

The Midnight Syndicate musical composition “Awakening” is part of

Edward J. Douglas’s Songs From “Vampyre” and has been registered with the Copyright Office
as part of Registration PA 1-060-589.
81.

Both the sound recording and musical composition “Awakening” were

used in the final 10 seconds of “Walk Into Darkness,” which is contained on Psychopathic
Records’ “Hell’s Pit” album (featuring Insane Clown Posse).
82.

None of the Defendants sought permission and obtained a license from

Plaintiff, Douglas, Goszka, or anyone in the Midnight Syndicate organization to use the
“Awakening” sound recording.
83.

None of the Defendants sought permission and obtained a license from

Plaintiff, Douglas, Goszka, or anyone in the Midnight Syndicate organization to use the
“Awakening” musical composition.
84.

The Midnight Syndicate sound recording “Unseen Eyes” is part of

Midnight Syndicate’s Vampyre: Symphonies from the Crypt album and has been registered with
the Copyright Office as part of Registration SR 321-003.

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85.

The Midnight Syndicate musical composition “Unseen Eyes” is part of

Gavin M. Goszka’s Songs From “Vampyre” and has been registered with the Copyright Office
as part of Registration PA 1-111-150.
86.

Both the sound recording and musical composition “Unseen Eyes” were

used in the final 13 seconds of “Truly Alone,” which is contained on Psychopathic Records’
“Hell’s Pit” album (featuring Insane Clown Posse).
87.

None of the Defendants sought permission and obtained a license from

Plaintiff, Douglas, Goszka, or anyone in the Midnight Syndicate organization to use the “Unseen
Eyes” sound recording.
88.

None of the Defendants sought permission and obtained a license from

Plaintiff, Douglas, Goszka, or anyone in the Midnight Syndicate organization to use the “Unseen
Eyes” musical composition.
89.

The Midnight Syndicate sound recording “Crypt of the Forsaken” is part

of Midnight Syndicate’s Vampyre: Symphonies from the Crypt album and has been registered
with the Copyright Office as part of Registration SR 321-003.
90.

The Midnight Syndicate musical composition “Crypt of the Forsaken” is

part of Edward J. Douglas’s Songs From “Vampyre” and has been registered with the Copyright
Office as part of Registration PA 1-060-589.
91.

Both the sound recording and musical composition “Crypt of the

Forsaken” were used in the final 15 seconds of Insane Clown Posse’s “The Night of 44” and
were carried over into the first 10 seconds of Insane Clown Posse’s “The Witch,” both of which
are contained on Psychopathic Records’ “Hell’s Pit” album (featuring Insane Clown Posse).

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92.

None of the Defendants sought permission and obtained a license from

Plaintiff, Douglas, Goszka, or anyone in the Midnight Syndicate organization to use the “Crypt
of the Forsaken” sound recording.
93.

None of the Defendants sought permission and obtained a license from

Plaintiff, Douglas, Goszka, or anyone in the Midnight Syndicate organization to use the “Crypt
of the Forsaken” musical composition.
94.

Having discovered the full extent of Defendants’ infringement in the

Summer of 2011, Plaintiff’s Douglas sent several e-mails to a Psychopathic Records
representative and even contacted a Psychopathic Records representative by telephone in the
hope of attempting to amicably resolve the situation without having to resort to litigation; all of
Plaintiff’s overtures were ignored, forcing Plaintiff to file this action.
95.

The Copyrighted Recordings and Copyrighted Compositions contained in

Psychopathic Records’ illicit recordings referenced in Paragraphs 48 through 93 above (the
“Infringing Works”) are exactly the same Midnight Syndicate recordings produced and written
by Douglas and Goszka. Defendants never sought permission from Entity Productions, Douglas
or Goszka to create derivative works based upon them.

Defendants never gave Entity

Productions, Douglas, Goszka, or Midnight Syndicate credit for the Infringing Works.
96.

For example, though four Midnight Syndicate Copyrighted Recordings

and four Midnight Syndicate Copyrighted Compositions are used on Insane Clown Posse’s
“Hell’s Pit” album, the album’s credits provide, in pertinent part:

“Psychopathic Records

presents an ICP production ‘Hell’s Pit’ . . . Music by Mike Puwal, Esham, Violent J, Fritz the
Cat and ICP. . . . COPYRIGHT 2004 PSYCHOPATHIC RECORDS, INC. ALL RIGHTS
RESERVED.”

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97.

Defendants’ above-described actions have been malicious and purposeful,

and utterly without regard for Plaintiff’s or anyone in the Midnight Syndicate organization’s
rights.
98.

On information and belief, Bruce and Utsler knowingly and willfully

infringed the Copyrighted Recordings and Copyrighted Compositions that were used in Insane
Clown Posse and Dark Lotus recordings because Bruce and Utsler personally sampled, or
directed the sampling of, the Midnight Syndicate recordings that were used in those recordings
without permission and then falsely took credit for writing the works.
99.

Alternatively, Bruce and Utsler are vicariously liable for Psychopathic

Records’ infringement as described above because, on information and belief, they had the right
and ability to supervise the infringing activity and had an obvious and direct financial interest in
the exploitation of the Infringing Works, both as shareholders and officers of Psychopathic
Records and as members of Insane Clown Posse and Dark Lotus.
100.

Bruce and Utsler are vicariously liable for the infringement of the

Midnight Syndicate tracks that were used in Twiztid’s “Mirror Mirror” album because, on
information and belief, Bruce and Utsler each had the right and ability to supervise the infringing
activity and had an obvious and direct financial interest in the exploitation of the Infringing
Works as shareholders of Psychopathic Records.
101.

ICP LLC is vicariously liable for the infringement of the Copyrighted

Recordings and the Copyrighted Compositions that were used in the Infringing Works on Insane
Clown Posse’s “Hell’s Pit” album because, as evidenced by the ICP Album and Sound
Recording Trademark Registrations, ICP LLC had the right, ability, and duty to supervise the
production and quality of the Infringing Works on Insane Clown Posse albums. ICP LLC also

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had an obvious and direct financial interest in the exploitation of the Infringing Works on “Hell’s
Pit” as the owner of the ICP Album and Sound Recording Trademark Registrations (as well as
being the owner of other INSANE CLOWN POSSE® trademark registrations).
102.

Defendants continued to exploit the Infringing Works even after receiving

the October 20, 2009 letter from Plaintiff’s attorney.
COUNT I
Copyright Infringement
103.

Plaintiff incorporates by reference all of the facts stated in Paragraphs 1

through 102 of this Complaint as if fully rewritten herein.
104.

Through their conduct averred herein, Defendants have infringed Entity

Productions’ copyrights in the Copyrighted Recordings by reproducing, distributing, and/or
publicly performing sound recordings embodying the Copyrighted Recordings without
authorization in violation of the Copyright Act. 17 U.S.C. §§ 106 and 501.
105.

Through their conduct averred herein, Defendants have infringed Entity

Productions’ copyrights in the Copyrighted Compositions by reproducing, distributing, and/or
publicly performing sound recordings embodying the Copyrighted Compositions without
authorization in violation of the Copyright Act. 17 U.S.C. §§ 106 and 501.
106.

Each of the Copyrighted Recordings was registered with the Copyright

Office prior to the commencement of Defendants’ infringement.
107.

Each of the Copyrighted Compositions was registered with the Copyright

Office prior to the commencement of Defendants’ infringement.
108.

Each infringement by Defendants in and to the Copyrighted Recordings

constitutes a separate and distinct act of infringement.

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109.

Each infringement by Defendants in and to the Copyrighted Compositions

constitutes a separate and distinct act of infringement.
110.

Defendants’ acts of infringement were and are willful, in disregard of and

with indifference to the rights of Entity Productions.
111.

As a direct and proximate result of the infringements by Defendants,

Entity Productions is entitled to damages and Defendants’ profits in amounts to be proven at
trial.
112.

Alternatively, Entity Productions is entitled to the maximum statutory

damages in the amount of $150,000 with respect to each of the seven Copyrighted Recordings
infringed (totaling $1,050,000) and is entitled to the maximum statutory damages in the amount
of $150,000 with respect to each of the seven Copyrighted Compositions infringed (totaling
$1,050,000), or $2,100,000 in the aggregate, or for such other amounts as may be proper under
17 U.S.C. § 504(c).
113.

Entity Productions further is entitled to its attorneys’ fees and full costs

pursuant to 17 U.S.C. § 505.
114.

As a direct and proximate result of the foregoing acts and conduct, Entity

Productions has sustained and will continue to sustain substantial, immediate, and irreparable
injury, for which there is no adequate remedy at law. Entity Productions is informed and
believes and on that basis avers that unless enjoined and restrained by this Court, Defendants will
continue to infringe Entity Productions’ rights in the Copyrighted Recordings and the
Copyrighted Compositions.

Accordingly, Entity Productions is entitled to preliminary and

permanent injunctive relief.

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PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays that this Court enter judgment in its favor as
follows:
(A)

That Defendants be adjudged to have infringed Entity Productions’ federal

copyrights in the Copyrighted Recordings;
(B)

That Defendants be adjudged to have committed this copyright

infringement willfully;
(C)

That Defendants be adjudged to have infringed Entity Productions’ federal

copyrights in the Copyrighted Compositions;
(D)

That Defendants be adjudged to have committed this copyright

infirngement willfully;
(E)

That, pursuant to 17 U.S.C. § 504(b), the Court award Entity Productions

its damages and Defendants’ profits in such amount as may be found as a result of Defendants’
copyright infringement; alternatively, pursuant to 17 U.S.C. § 504(c), for maximum statutory
damages in the amount of $150,000 with respect to each of the seven Copyrighted Recordings
infringed (totaling $1,050,000) and for maximum statutory damages in the amount of $150,000
with respect to each of the seven Copyrighted Compositions infringed (totaling $1,050,000), or
$2,100,000 in the aggregate, or for such other amounts as may be proper pursuant to 17 U.S.C. §
504(c);
(F)

That, pursuant to 17 U.S.C. § 502, the Court permanently enjoin

Defendants, their agents, employees, attorneys and all persons in active concert or participation
with them, from directly or indirectly reproducing, adapting, distributing, publicly performing, or
otherwise infringing in any manner any of Plaintiff’s copyrights (whether now in existence or

19

hereafter created), including, without limitation, the Copyrighted Recordings and the
Copyrighted Compositions;
(G)

That, pursuant to 17 U.S.C. § 505, the Court award Plaintiff its attorneys’

(H)

That, pursuant to 17 U.S.C. § 505, the Court award the full costs of this

fees;

action and interest to Entity Productions; and
(I)

That the Court grant such other and further relief as is just and proper.
Respectfully submitted,
BENESCH, FRIEDLANDER,
COPLAN & ARONOFF LLP

/s/ Mark E. Avsec
Mark E. Avsec (0064472)
Julie Fenstermaker (0080113)
200 Public Square
Suite 2300
Cleveland OH 44114-2378
[phone]
[phone] (fax)
[e-mail]
[e-mail]
Attorneys for PLAINTIFF
ENTITY PRODUCTION, INC., for itself and doing
business as LINFALDIA RECORDS

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JURY DEMAND
Plaintiff Entity Production, Inc., for itself and doing business as Linfaldia
Records, demands a jury trial pursuant to Fed. R. Civ. P. 38 as to all issues so triable in this
action.

/s/ Mark E. Avsec
Attorneys for PLAINTIFF
ENTITY PRODUCTION, INC., for itself and doing
business as LINFALDIA RECORDS

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