Capitol Records Inc et al v. Foster

Filing 1

COMPLAINT against Debbie Foster , filed by Arista Records LLC, BMG Music, Capitol Records Inc, Maverick Recording Company, Sony BMG Music Entertainment, UMG Recordings Inc, Warner Bros Records Inc. (Attachments: # 1 Civil Cover Sheet # 2 Exhibit A - Copyright list# 3 Exhibit B-1# 4 Exhibit B-2# 5 Exhibit B-3# 6 Exhibit B-4# 7 Exhibit B-5# 8 Exhibit B-6# 9 Exhibit B-7# 10 Exhibit B-8# 11 Exhibit B-9# 12 Exhibit B-10# 13 Exhibit B-11# 14 Exhibit B-12# 15 Exhibit B-13# 16 Exhibit B-14# 17 Exhibit B-15# 18 Exhibit B-16# 19 Exhibit B-17)(brs, )

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OKLAHOMA
(1) CAPITOL RECORDS, INC., a Delaware
corporation; (2) UMG RECORDINGS, INC., a
Delaware corporation; (3) MAVERICK
RECORDING COMPANY, a California joint
venture; (4) BMG MUSIC, a New York general
partnership; (5) ARISTA RECORDS LLC, a
Delaware limited liability company; (6) SONY
BMG MUSIC ENTERTAINMENT, a Delaware
general partnership; and (7) WARNER BROS.
RECORDS INC., a Delaware corporation,

Case No.

Plaintiffs,
v.
DEBBIE FOSTER,
Defendant.
COMPLAINT FOR COPYRIGHT INFRINGEMENT

JURISDICTION AND VENUE
1.

This is a civil action seeking damages and injunctive relief for copyright

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 Defendant resides in
this District, and the acts of infringement complained of herein occurred in this District.

PARTIES
4.

Plaintiff Capitol Records, 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 New York.

5.

Plaintiff 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.

6.

Plaintiff Maverick Recording Company is a joint venture between Maverick

Records and Warner Bros. Records Inc., organized and existing under the laws of the State of
California, with its principal place of business in the State of California.

7.

Plaintiff 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.

8.

Plaintiff 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.

9.

Plaintiff Sony BMG Music Entertainment is a Delaware general partnership, with

its principal place of business in the State of New York.

10.

Plaintiff Warner Bros. Records 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.

11.

Plaintiffs are informed and believe that Defendant is an individual residing in this

District.

COUNT I
INFRINGEMENT OF COPYRIGHTS
12.

Plaintiffs incorporate herein by this reference each and every allegation contained

in each paragraph above.

13.

Plaintiffs 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.

14.

Among 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.

15.

Plaintiffs 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.

16.

Plaintiffs 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.

17.

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. Plaintiffs further are
entitled to their attorneys' fees and costs pursuant to 17 U.S.C. § 505.

18.

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 Plaintiffs' 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
computer 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.

4.

For Plaintiffs' reasonable attorneys' fees incurred herein.

5.

For such other and further relief, either at law or in equity, general or

special, to which they may be entitled.

Dated: November 18, 2004

By:

/s/David L. Kearney
David L. Kearney, (Bar # 11379)
Gable & Gotwals
One Leadership Square
211 N. Robinson, 15th Floor
Oklahoma City, Oklahoma 73102
Phone: [phone]
Fax: [phone]
And
James M. Sturdivant, (Bar # 8723)
Michael E. Sellers, (Bar # 20013)
Gable & Gotwals
1100 ONEOK Plaza
100 West Fifth Street
Tulsa, OK 74103-4217
Phone: [phone]
Fax: [phone]
ATTORNEY for Plaintiffs
CAPITOL RECORDS, INC.; UMG
RECORDINGS, INC.; MAVERICK
RECORDING CO.; BMG MUSIC;
ARISTA RECORDS LLC; SONY BMG
MUSIC ENTERTAINMENT; and
WARNER BROS. RECORDS INC.