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JUDGE TORRES

/ JS 44C/SDNY
REV. 2/2014

CIVIL COVER SHEET

The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of '^*B'
pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the
Judicial Conference of the United States in September 1974, is required for use of the Clerk of Court for the purpose of

14 CV

o<

70S

initiating thecivil docket sheet.


PLAINTIFFS DEFENDANTS

. fYl-) 4 ** OA4 ^

ESTATE OF JAMES OSCAR SMITH and HEBREW HUSTLE INC.

CASH MONEY RECORDS, INC., UNIVERSAL REPUBLIC RECORDS, an

unincorporated division of UMG RECORDINGS, INC., [See Addendum]


ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER

ATTORNEYS (IF KNOWN)


Unknown

ANTHONY MOTTA, 50 Broadway, Suite 2202, New York, N.Y. 10004 Tel: (212)791-7360

CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE)
(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

Cause of action for Copyright infringement; 17 U.S.C. Sec. 101 et. seq.

Has this action, case, or proceeding, or one essentially the same been previously filed in SDNY atany time? NcOY'es|_|judge Previously Assigned
If yes, wasthis case Vol. I IInvol. | | Dismissed. No Q Yes Q
IS THIS AN INTERNATIONAL ARBITRATION CASE?
(PLACE AN [x] INONEBOX ONLY)

If yes, give date

&Case No.

No 3

YeS Q
NATURE OF SUIT
ACTIONS UNDER STATUTES

CONTRACT

PERSONAL INJURY INSURANCE


MARINE

PERSONAL INJURY

FORFEITURE/PENALTY

BANKRUPTCY

OTHER STATUTES

[ 1110 []120 I 1130 []140

[]310 AIRPLANE []315 AIRPLANE PRODUCT


LIABILITY

[ ]362

PERSONAL INJURY MED MALPRACTICE

I 1610 [ ]620

AGRICULTURE
OTHER FOOD &

[ ] 422 APPEAL
28 USC 158

[ ]400 STATE
REAPPORTIONMENT

MILLER ACT NEGOTIABLE


INSTRUMENT

[ ]365 PERSONAL INJURY [ ]368


PRODUCT LIABILITY I ]625 ASBESTOS PERSONAL INJURY PRODUCT LIABILITY

[ ]320 ASSAULT, LIBEL &


SLANDER

DRUG DRUG RELATED


SEIZURE OF

[ J 423 WITHDRAWAL
28 USC 157

[]150

RECOVERY OF OVERPAYMENT &


ENFORCEMENT

[ ]330 FEDERAL
EMPLOYERS'
LIABILITY

PROPERTY
21 USC 881 PROPERTY RIGHTS

[ [ [ [ [

1410 1430 1450 ]460 ]470

ANTITRUST

BANKS & BANKING COMMERCE DEPORTATION


RACKETEER INFLU ENCED & CORRUPT ORGANIZATION ACT

I 1151 I ]152

OF JUDGMENT MEDICARE ACT RECOVERY OF


DEFAULTED

[]340 MARINE []345 MARINE PRODUCT


LIABILITY [ ]350 MOTOR VEHICLE [ ]355 MOTOR VEHICLE PRODUCT LIABILITY [ ]360 OTHER PERSONAL
INJURY

PERSONAL PROPERTY

STUDENT LOANS

I ]370 OTHER FRAUD []371 TRUTH IN LENDING [ 1380 OTHER PERSONAL


[ ]385
PROPERTY DAMAGE PROPERTY DAMAGE PRODUCT LIABILITY

[ [ [ [

]630 ]640 ]650 ]660

LIQUOR LAWS
RR & TRUCK

[ ]690

AIRLINE REGS OCCUPATIONAL SAFETY/HEALTH OTHER

M820 COPYRIGHTS []830 PATENT [ ] 840 TRADEMARK

(RICO)

(EXCL VETERANS)
[ I 153
RECOVERY OF
OVERPAYMENT

SOCIAL SECURITY LABOR

[ [ [ [

] 480 CONSUMER CREDIT ]490 CABLE/SATELLITE TV 1810 SELECTIVE SERVICE ]850 SECURITIES/
COMMODITIES/ EXCHANGE

OF VETERAN'S
BENEFITS

I 1710 [1720
PRISONER PETITIONS

I )160 [ ]190 I 1195

STOCKHOLDERS
SUITS OTHER CONTRACT

FAIR LABOR STANDARDS ACT LABOR/MGMT


RELATIONS

[ [ [ [ [

] 861 ] 862 ] 863 ] 864 I 865

HIA (1395ff) BLACK LUNG (923) DIWC/DIWW (405(g)) SSID TITLE XVI RSI (405(g))

[]875 CUSTOMER
CHALLENGE 12 USC 3410

[ ]890 OTHER STATUTORY I 1891 [ J 892


ACTIONS AGRICULTURAL ACTS
ECONOMIC

[1730 []510
ACTIONS UNDER STATUTES CIVIL RIGHTS
MOTIONS TO

CONTRACT
PRODUCT LIABILITY

VACATE SENTENCE

[ 1196 FRANCHISE

REAL PROPERTY

[]441 VOTING I ]442 EMPLOYMENT []443 HOUSING/ [ ]444 [ ]445


ACCOMMODATIONS WELFARE
AMERICANS WITH

[]740 [ ]530 [ ]790 [ ]535 DEATH PENALTY []540 MANDAMUS & OTHER [ 1791
28 USC 2255 HABEAS CORPUS

LABOR/MGMT REPORTING & FEDERAL TAX SUITS DISCLOSURE ACT RAILWAY LABOR ACT [ ]870 TAXES (U.S. Plaintiff
OTHER LABOR

STABILIZATION ACT

or

[ ]893

ENVIRONMENTAL MATTERS

LITIGATION EMPL RET INC SECURITY ACT

Defendant) [ ] 871 IRS-THIRD PARTY


26 USC 7609

[ I 894 ENERGY
ALLOCATION ACT

[ ]895 [ ] 900

FREEDOM OF

IMMIGRATION PRISONER CIVIL RIGHTS

I 1210 [ J 220 [ ]230

LAND

CONDEMNATION FORECLOSURE RENT LEASE &


EJECTMENT

[ I 462

DISABILITIES EMPLOYMENT

[ 1550 CIVIL RIGHTS [ ]555 PRISON CONDITION

[ ]463 [ 1465

NATURALIZATION APPLICATION HABEAS CORPUSALIEN DETAINEE

INFORMATION ACT APPEAL OF FEE DETERMINATION UNDER EQUAL


ACCESS TO JUSTICE

[ I 950 CONSTITUTIONALITY
OF STATE STATUTES

[ ]446 AMERICANS WITH


DISABILITIES -OTHER

I I 240 I I 245
[ I 290

TORTS TO LAND TORT PRODUCT


LIABILITY ALL OTHER

[ ]440 OTHER CIVIL RIGHTS (Non-Prisoner)

OTHER IMMIGRATION ACTIONS

REAL PROPERTY

Check if demanded in complaint:

CHECK IF THIS IS A CLASS ACTION


UNDER F.R.C.P. 23

DO YOU CLAIM THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.? IF SO, STATE:

DEMAND $300,000

OTHER Injunction

judge

DOCKET NUMBER

Check YES only if demanded in complaint

JURY DEMAND: S YES NO

NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32).

(PLACE AN x INONEBOXONLY)

ORIGIN

1^1 1 Original
Proceeding

fj 2 Removed from
5tete court

D 3 Remanded Q 4 Reinstated or
from Reopened

LJ 5 Transferred from fj 6 Multidistrict


(Specify District) Litigation

[H 7 Appeal to District
Judge from

a. all parties represented


party Is pro se.

curt

Annpllatp

Judgment
BASIS OF JURISDICTION

Magistrate Judge

I I b. Atleastone

(PLACE AN x INONEBOXONLY)

IFDIVERSITY, INDICATE

1 U.S. PLAINTIFF

2 U.S. DEFENDANT [X] 3 FEDERAL QUESTION


(U.S. NOTA PARTY)

Q4 DIVERSITY

CITIZENSHIP BELOW.
(28 USC 1332, 1441)

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)


(Place an [X] in one box for Plaintiff and one box for Defendant)
PTF DEF PTF DEF PTF DEF

CITIZEN OF THIS STATE CITIZEN OF ANOTHERSTATE

[ ]1 [ ]2

[ ]1 [ ]2

CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY

[ ]3 [ ]3 [ ]4 [ ]4

INCORPORATEDand PRINCIPALPLACE
OF BUSINESS IN ANOTHER STATE

[ ]5 [ ]6

[ ]5 [ ]6

INCORPORATEDor PRINCIPALPLACE
OF BUSINESS IN THIS STATE

FOREIGN NATION

PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)

Estate of James Oscar Smith c/o Anthony Motta, 50 Broadway #2202, New York, NY 10004; New York
County

Hebrew Hustle Inc., c/o Anthony Motta, 50 Broadway #2202, New York, NY 10004; New York County
DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)

CASH MONEY RECORDS, INC., Bruce Schewe c/o Phelps Dunbar LLP
365 Canal Street, Ste. 2000, New Orleans, LA 70130; Orleans Parish [See Addendum]
DEFENDANT(S) ADDRESS UNKNOWN
REPRESENTATION IS HEREBY MADETHAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE,TO ASCERTAIN THE
RESIDENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

AUBREY DRAKE GRAHAM p/k/a DRAKE MATTHEW JEHU SAMUELS p/k/a BOI-1DA
JORDAN EVANS

Checkone:

THIS ACTION SHOULD BE ASSIGNED TO:

WHITE PLAINS

|X| MANHATTAN

(DO NOTcheck either box ifthis a PRISONER PETITION/PRISONER CIVIL RIGHTSCOMPLAINT.)

date 04/11/20M Signature ofattorneyof record \Iip T\A(P&h ^<*^VwJ 1/1- ^


RECEIPT # -J
Magistrate Judge is to ba. designated by the Clerk of the Court.

admitted to practice in thisdistrict n no h YES (DATE ADMITTED Mo. 02 Yr. 1981 )


Attorney Bar Code # AM1648

Magistrate Judge
Ruby J. Krajick, Clerk of Court by

'" s'''uit
Deputy Clerk, DATED

is so Designated.
.

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

Civil Cover Sheet Addendum:


Defendants

UNIVERSAL MUSIC GROUP DISTRIBUTION, CORP., EMI MUSIC PUBLISHING MANAGEMENT, LLC, UNIVERSAL MUSIC-MGB NA, LLC, WARNER/CHAPPELL

MUSIC, PNC, SONY/ATV MUSIC PUBLISHING, LLC, AUBREY DRAKE GRAHAM p/k/a DRAKE, MATTHEW JEHU SAMUELS p/k/a BOI-1DA, JORDAN EVANS, APPLE, INC.,
and AMAZON DIGITAL SERVICES, PNC.

Defendant(s) Address(es) County(es)

UNIVERSAL REPUBLIC RECORDS, an unincorporated division of UMG RECORDPNG, PNC. c/o CT Corporation System, 111 Eight Avenue, New York, NY 10011; New York County.
UNIVERSAL MUSIC GROUP DISTRIBUTION, CORP. c/o CT Corporation System, 111 Eight Avenue, New York, NY 10011; New York County.
EMI MUSIC PUBLISHPNG MANAGEMENT, LLC. c/o Corporation Service Company, 80 State Street, Albany, NY 12207; Albany County. UNIVERSAL MUSIC-MGB NA, LLC. c/o CT Corporation System, 111 Eight Avenue, New York, NY 10011; New York County. WARNER/CHAPPELL MUSIC, INC. c/o CT Corporation System, 111 Eight Avenue, New York, NY 10011; New York County. SONY/ATV MUSIC PUBLISHING, LLC. c/o The Prentice Hall Corporation System, Inc. 80 State Street, Albany, NY 12207; Albany County. APPLE, PNC. c/o CT Corporation System, 111 Eight Avenue, New York, NY 10011; New York County; Albany County.
AMAZON DIGITAL SERVICES, PNC. c/o Corporation Service Company, 80 State Street, Albany, NY 12207; Albany County.

UNITED STATES DISTRICT COURT


SOUTHERN DISTRICT OF NEW YORK

ESTATE OF JAMES OSCAR SMITH

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and HEBREW HUSTLE INC.,

Plaintiffs,

1 4nCV 2703
COMPLAINT ECF CASE

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CASH MONEY RECORDS, INC., UNIVERSAL REPUBLIC RECORDS,

an unincorporated division of UMG


RECORDINGS, INC., UNIVERSAL MUSIC GROUP DISTRIBUTION, CORP., EMI MUSIC PUBLISHING MANAGEMENT, LLC, UNIVERSAL MUSIC-MGB NA, LLC, WARNER/CHAPPELL MUSIC, INC., SONY/ATV MUSIC PUBLISHING, LLC,
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AUBREY DRAKE GRAHAM p/k/a DRAKE, MATTHEW JEHU SAMUELS p/k/a


BOI-1DA, JORDAN EVANS, APPLE, INC., and AMAZON DIGITAL SERVICES, PNC,
Defendants.

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Plaintiffs, ESTATE OF JAMES OSCAR SMITH and HEBREW HUSTLE INC.

(collectively referred to hereafter as "Plaintiffs"), by their attorney, Anthony Motta, as and for their Complaint against the defendants, CASH MONEY RECORDS, INC., UNIVERSAL
REPUBLIC RECORDS, an unincorporated division of UMG RECORDINGS, INC.,
UNIVERSAL MUSIC GROUP DISTRIBUTION CORP., EMI MUSIC PUBLISHING
MANAGEMENT LLC, UNIVERSAL MUSIC-MGB NA, LLC, WARNER/CHAPPELL

MUSIC, INC., SONY/ATV MUSIC PUBLISHING, LLC, AUBREY DRAKE GRAHAM p/k/a
DRAKE, MATTHEW JEHU SAMUELS p/k/a BOI-1DA, JORDAN EVANS, APPLE, INC.,

and AMAZON DIGITAL SERVICES, INC. (collectively referred to hereafter as "Defendants"),


allege the following:

THE PARTIES

1.

Plaintiff, Estate of James Oscar Smith (the "Smith Estate"), is the Estate of the

former jazz musician, James Oscar Smith, also known as Jimmy O. Smith and Jimmy Smith
("Smith").

2.

Plaintiff, Hebrew Hustle Inc. ("Hebrew Hustle"), is a Florida corporation, with its

principal offices in Boca Raton, Florida.

3.

Defendant, Cash Money Records, Inc. ("Cash Money Records"), is a Louisiana

corporation, currently not in good standing in Louisiana, formerly authorized to do business in


the State of New York, with offices in New Orleans, Louisiana and Miami, Florida.

4.

Defendant, Universal Republic Records, is an unincorporated division of UMG

Recordings, Inc. ("UMG"), a Delaware corporation authorized to do business in the States of


New York and California, with offices in New York, NY and Santa Monica, California.

5.

Defendant, Universal Music Group Distribution, Corp. ("UMGD"), is a Delaware

corporation authorized to do business in the States of New York and California, with offices in
New York, NY and Santa Monica, California.

6.

Defendant, EMI Music Publishing Management LLC ("EMI"), is a Delaware

corporation authorized to do business in the States of New York and California, with offices in
New York, NY and Los Angeles, California. 7. Defendant, Universal Music-MGB NA, LLC ("Universal Music Publishing"), is

a limited liability company organized under the laws of the State of California authorized to do
business in the States of New York and California, with offices in New York, NY and Santa
Monica, California.

8.

Defendant, Warner/Chappell Music, Inc. ("Warner/Chappell"), is a Delaware

corporation authorized to do business in the States of New York and California, with offices in

New York, NY and Los Angeles, California. 9. Defendant, Sony/ATV Music Publishing, LLC ("SONY/ATV"), is a Delaware

corporation authorized to do business in the States of New York and California, with offices in

New York, NY and Los Angeles, California.

10.

Upon information and belief, Defendant, Aubrey Drake Graham, is a musical

artist performing under the name "Drake" ("Drake"), and resides in Los Angeles, California.
11. Upon information and belief, Defendant, Matthew Jehu Samuels, is a music

producer professionally known as "Boi-lda" ("Samuels"), and resides in the country of Canada.
12. Upon information and belief, Defendant, Jordan Evans ("Evans"), is a music

producer residing in the country of Canada.

13.

Defendant, Apple, Inc. ("Apple"), is a California corporation authorized to do

business in the State of New York, with principal offices in Cupertino, California.

14.

Defendant, Amazon Digital Services, Inc. ("Amazon"), is a Delaware corporation

authorized to do business in the State of New York, with its principal office in Seattle,
Washington.
JURISDICTION

15.

This court has subject matter jurisdiction over this case pursuant to 28 U.S.C

1331 and 1338(a) as this is an action brought under the Copyright Act and the Copyright
Revision Act, 17 U.S.C. 101, et seq. This court has supplemental jurisdictionof Plaintiff s
claim seeking declaratoryjudgment pursuant to 28 U.S.C. 1367(a).
VENUE

16.

Venue of this case is proper in this district pursuant to 28 U.S.C. 1391(b)(1)

and (2) and 1400(a).


BACKGROUND

17.

Smith was a celebrated jazz musician and composer who began his prolific career

in the 1950's, and recorded more than eighty commercially released albums including: The Sermon!; House Party; Home Cookin'; Midnight Special; Back at the Chicken Shack; Prayer Meetin; The Dynamic Duo; and The Further Adventures ofJimmy and Wes. In 2005 Smith
received the NEA Jazz Masters Award from the National Endowment of the Arts, the highest

honor the United States bestows upon jazz musicians. 18. Hebrew Hustle is a music publishing company whose primary function is to

market, manage, license, co-publish and administer musical compositions and their

accompanying copyrights. Hebrew Hustle administers and co-publishes prominent songwriters


and music producers who have written musical compositions for such well-known musical artists
and performers as: Lil Wayne, Eminem, Rick Ross, Nas, and The Game.

19.

In or about 1982 Smith composed and recorded the composition, "Jimmy Smith

Rap" (the "Infringed Composition"), which was embodied on the album, Off the Top, released
and distributed by Elektra Records, Inc. ("Elektra") in or about 1982.

20.

Upon information and belief, Elektra currently is a subsidiary/unincorporated

division of Warner Music Group ("Warner") and Elektra's sound recordings are administered by the Warner subsidiary, Rhino Entertainment Company. 21. Upon information and belief, Samuels and Evans are Canadian music producers

who work primarily with established hip-hop artists, including Drake.

22.

Upon information and belief, Drake is a successful Canadian recording artist,

rapper, songwriter, and actor, who has released the following three studio albums to date: (1)

Thank Me Later, released in 2010 and which debuted at number one on the Billboard Top 200; (2) Take Care, released in 2011, which topped the charts in the United States and Canada, and

spawned multiple hit singles; and (3) Nothing Was the Same, released in 2013, embodying the hit
singles "Started from the Bottom" and "Hold On, We're Going Home." Upon information and belief, Drake has sold over five (5) million albums worldwide and earned a Grammy Award, three (3) Juno Awards, and six (6) BET Awards. 23. Upon information and belief, Cash Money Records is an American record label

for some of the most well known musical artists in the rap and hip-hop genre, including Drake. 24. Upon information and belief, UMG was and is involved in the marketing,

manufacture and duplication of sound recordings embodying the performances of musical artists. 25. Upon information and belief, UMGD distributes prerecorded music and films, via

both physical and digital distribution, including distribution over the Internet via a number of

digital music retailers and music services including, but not limited to iTunes, Amazon.com, and
Spotify.

26.

Upon information and belief, Apple digitally distributes prerecorded music over

the Internet, via iTunes, which is Apple's music distribution service, available at the following URL: www.apple.com/itunes.

27.

Upon information and belief, Amazon, a subsidiary ofAmazon.com, Inc.,

distributes various forms of media over the Internet, including prerecorded music, in both digital and physical format, available at the following URL: www.amazon.com.

28.

On February 5, 2005, Smith passed away testate while in Phoenix, Arizona with

all rights in the Infringed Composition passing to his Estate.


29. On or around March 18, 2005, Smith's sister, Anita Smith-Johnson ("Smith-

Johnson"), was appointed as the executrix of Smith's Last Will and Testament, authorized to sell

or lease any property belonging to Smith's estate, and to continue the operations of any business
belonging to the Smith Estate.

30.

The Smith Estate, by written agreement and written assignment, transferred to

Hebrew Hustle an undivided fifty percent (50%) interest in the musical composition copyright of
the Infringed Composition, and one hundred percent (100%) of the exclusive administration,

promotion, and collection rights in the Infringed Composition. 31. Hebrew Hustle, registered its copyright interest in the Infringed Composition on

October 23, 2013 with the U.S. Copyright Office, under the file number PA 1-866-431. (A true and correct copy of the Certificate of Registration for the Infringed Composition (the "Certificate") is attached as Exhibit A).

32.

Upon information and belief, Drake's third studio album, Nothing Was the Same

(the "Album"), was released on September 24, 2013 in North America by Cash Money Records,

manufactured and marketed by UMG, distributed by UMGD, and sold by Apple, and Amazon.
33. "Pound Cake/Paris Morton Music 2" (the "Infringing Composition") is a musical

composition embodied upon a sound recording that is included as a track on the Album, and as a

disaggregated commercial single distributed and sold separate and apart from the Album.
34. The opening thirty-five (35) seconds of the Infringing Composition exclusively

samples and incorporates approximately thirty-five (35) seconds of the sound recording and
composition of the Infringed Composition. 35. The liner notes to the Album openly acknowledge that the sound recording

embodying the Infringed Composition has been sampled, and that a license had been obtained
for use of the sound recording. The liner notes state:

"Featuring samples from the Jimmy Smith recording "Jimmy Smith Rap" Produced under license from Atlantic Recording Corp., by arrangement with Rhino Entertainment Company, a Warner Music Group Company."
36. A license was never requested from, nor granted by either the Smith Estate, or

Hebrew Hustle, the exclusive administrator of the Infringed Composition, for use of the Infringed Composition in the Infringing Composition. 37. Upon information and belief, Drake was the performer and Samuels and Evans

the producers of the Infringing Composition. 38. Upon information and belief, Cash Money Records was the record label that

released the Album, including the Infringing Composition, and authorized and directed UMG to

market and manufacture the Album, UMGD to distribute the Album, and Apple, and Amazon to
sell the Album and the Infringing Composition. 39. Upon information and belief, EMI is a music publishing company that represents

the copyrights of musical compositions and songwriters and, at all times herein, has co-published and co-administered the alleged interest of writer(s) to the Infringing Composition. 40. Upon information and belief, Universal Music Publishing is a music publishing

company that represents the copyrights of musical compositions and songwriters and, at all times

herein, has co-published and co-administered the alleged interest of writer(s) to the Infringing
Composition.

41.

Upon information and belief, Warner/Chappell is a music publishing company

that represents the copyrights of musical compositions and songwriters and, at all times herein, has co-published and co-administered the alleged interest of writer(s) to the Infringing
Composition.

42.

Upon information and belief, Sony/ATV is a music publishing company that

representsthe copyrights of musical compositions and songwriters and, at all times herein, has

co-published and co-administered the alleged interest of writer(s) to the Infringing Composition.
FIRST CLAIM AGAINST SAMUELS, EVANS, DRAKE, CASH MONEY RECORDS, UMG, UMGD, UNIVERSAL MUSIC PUBLISHING, EMI,
WARNER/CHAPPELL, AND SONY/ATV FOR COPYRIGHT INFRINGEMENT

43.

This is an action for damages and declaratory judgment and is broughtby

Plaintiffs pursuant to the Copyright Act and Copyright Revision Act, 17 U.S.C. 101, etseq.
and 28 U.S.C. 2201 (a).

44.

Plaintiffs have complied with all laws pertinent to the Infringed Composition as a

copyrighted work.

45.

Plaintiffs have filed to obtain a SupplementaryRegistration with the U.S.

Copyright Office, amending the Certificate to set forth the interest of the Smith Estate in the

Infringed Composition as it mistakenly states Hebrew Hustle is the sole copyright claimant to the

Infringed Composition. Hebrew Hustle and The Smith Estate are co-owners of the Infringed
Composition, with eachowning a fifty-percent (50%) interest in the Infringed Composition.
46. Cash Money Records, UMG, UMGD, EMI, Universal Music Publishing,

Warner/Chappell, Sony/ATV, Drake, Evans and Samuels have all infringed upon the Infringed Composition in a number of ways including the following: (1) creating a derivative work by including the Infringed Composition in the Infringing Composition; (2) through the manufacture, distribution and sale, and/orthe authorizing of othersto distribute and sell the Infringing Composition; (3) authorizing and/orlicensing the Infringing Composition including for digital downloads; (4) commercially exploiting the Infringing Composition; (5) performing or

authorizing the performance of the Infringing Composition; and/or (6) causing and/or materially
contributing to and/or by substantially participating in and furthering the above-mentioned

infringing acts, and/or sharing the proceeds therefrom, all through unlicensed sales of the
Infringing Composition.

47.

Upon information and belief, Cash Money Records, UMG, UMGD, EMI,

Universal Music Publishing, Warner/Chappell, Sony/ATV, Drake, Evans and Samuels had the

obligation, right and ability to supervise each infringing activity but allowed the infringement to
occur, and they had an obvious and direct financial interest in exploiting the copyrighted
Infringed Composition.

48.

Accordingly, Cash Money Records, UMG, UMGD, EMI, Universal Music

Publishing, Warner/Chappell, Sony/ATV, Drake, Evans and Samuels are liable for direct,
contributory, and vicarious copyright infringement ofthe Infringed Composition.
49. Upon information and belief, Cash Money Records, UMG, UMGD, EMI,
Universal Music Publishing, Warner/Chappell, Sony/ATV, Drake, Evans and Samuels have and

continue to receive payments for the unlicensed sale ofthe Infringing Composition.
50. Upon information and belief, Cash Money Records, UMG, UMGD, EMI,
Universal Music Publishing, Warner/Chappell, Sony/ATV, Drake, Evans and Samuels have

received payments for the unlicensed sale ofthe Infringed Composition without accounting for and remitting the appropriate amount ofsuch royalties to Hebrew Hustle or providing for the
appropriate copyright interest ofPlaintiffs in the Infringing Composition.

51.

Upon information and belief, Cash Money Records, UMG, UMGD, EMI,

Universal Music Publishing, Warner/Chappell, Sony/ATV, Drake, Evans and Samuels have

received royalties for the licensing ofthe Infringed Composition for digital downloads and
streaming via the Internet.

52.

By reason ofthe infringement ofthe Infringed Composition, and the continuous

infringement of the Infringed Composition, Plaintiffs have sustained and will continue to sustain
substantial injury, loss and damage to their rights in the Infringed Composition.

53.

Further irreparable harm to Plaintiffs is imminent as a result of Defendants'

conduct, and Plaintiffs are without adequate remedy at law. Plaintiffs are entitled to an

injunction restraining Defendants, their officers, directors, agents, employees and representatives
and all persons acting in concert with them from engaging in further acts of copyright
infringement.

54.

Plaintiffs are further entitled to recover from Defendants the damages sustained

by Plaintiffs as a result of Defendants' acts of copyright infringement. Plaintiffs are at present unable to ascertain the full extent of the monetary damage Plaintiffs have suffered by reason of

Defendants' acts of copyright infringement but believe such damages exceed $150,000.00.
55. Plaintiffs are further entitled to recover from Defendants the gains, profits and

advantages they obtained as a result of their acts of copyright infringement. Plaintiffs are at

present unable to ascertain the full extent of the gains, profits, and advantages Defendants have
obtained by reason of their acts of copyright infringement, but Plaintiffs are informed and
believe that Defendants have obtained such gains, profits, and advantages in an amount

exceeding $150,000.00.
SECOND CLAIM AGAINST APPLE AND AMAZON FOR LOSS OF THE SAFE
HARBOR DEFENSE AND COPYRIGHT INFRINGEMENT

56. 57.

Plaintiffs repeat the allegations set forth in paragraph 1 through 55. The Infringing Composition has been distributed and sold since the Album's

release date on September 24, 2013 via the iTunes service provided by Apple, and through Amazon, both in digital and in physical format.

58.

On January 27, 2014, Plaintiffs' counsel sent a Take Down Notice pursuant to the
10

Digital Millennium Copyright Act ("DMCA") regarding the Infringing Composition to Apple, in
compliance with 17 U.S.C. 512(c)(3), to the physical address and e-mail address provided by Apple to the U.S. Copyright Office to receive notification of claimed infringements. (A true and correct copy of the DMCA Take Down Notice to Apple is attached as Exhibit B). 59. In lieu of complying with the DMCA Take Down Notice and expeditiously taking

down the Infringing Work, as required by 17 U.S.C. 512(c)(1)(c), on January 29, 2014, a representative for Apple responded to the DMCA Take Down Notice with the following

message: "We have been in touch with our provider and they disagree with your claim. Please work with our provider directly to resolve your concern at the email addresses provided in the attached spreadsheet in the column tiled Comments. We hope this will be resolved amicably." The "attached spreadsheet" identified "Universal Music Group" as the "provider" and sets forth two e-mail addresses of individuals at Universal Music Group. (A true and correct copy of the January 29, 2104 e-mail correspondence from Apple is attached as Exhibit C). 60. Upon information and belief, Apple received no counter-notification under 17

U.S.C. 512(c), and, in any event, if it had received such counter-notification, failed to provide a
copy to Plaintiffs' counsel.

61.

Apple did not remove the Infringing Work identified in the DMCA Take Down

Notice and has failed to comply with the terms of the notice and with 17 U.S.C. 512(c).
62. Upon information and belief, Apple has the practice of not complying with

DMCA Notices whenever Universal Music Group is the "provider" of a musical work, and
therefore, at all times relevant, had no intention whatsoever of complying with the DMCA notice
served by Plaintiffs' counsel. 63. On January 27, 2014, Plaintiffs' counsel sent a DMCA Take Down Notice

11

regarding the Infringing Composition to Amazon's parent company, Amazon.com, Inc., in

compliance with 17 U.S.C. 512(c)(3), to the physical address and e-mail address provided by
Amazon to the U.S. Copyright Office to receive notification of claimed infringements. (A true and correct copy of the DMCA Take Down Notice to Amazon is attached as Exhibit D).
64. Amazon did not remove the infringing works identified in the DMCA Take Down

Notice and has failed to comply with the terms of the notice and the terms of 17 U.S.C. 512(c). 65. 17 U.S.C. 512(c)(1)(C) provides a safe harbor to an Internet service provider,

such as Apple and Amazon, against liability for copyright infringement if: "Upon notification of

claim infringement as described in paragraph (3), responds expeditiously to remove, or disable


access to, the material that is claimed to be infringing or to be the subject of infringing activity."
66. Both Apple and Amazon have failed to comply with the above provision, and as

a result have lost their protection as innocent Internet service providers under the DMCA, and are now liable for direct, contributory, and vicarious copyright infringement of the Infringed
Composition. THIRD CLAIM AGAINST CASH MONEY RECORDS, EMI, UNIVERSAL MUSIC PUBLISHING, WARNER/CHAPPELL, AND SONY/ATV
FOR DECLARATORY JUDGMENT AS TO THE INTEREST OF THE PLAINTIFFS IN THE INFRINGING WORK

67.

Plaintiffs repeat the allegations set forth in paragraph 1 through 66.

68.

A sample-publishing license to use the Infringed Composition within the

Infringing Composition was never requested from either the Smith Estate or HebrewHustle by
Cash Money Records, EMI, Universal Music Publishing, Warner/Chappell or SONY/ATV.

Accordingly, there is no sample-publishing license in place permitting any of the Defendants to

exploit the Infringed Composition. Nonetheless, the Infringed Composition was incorporated in the Infringing Composition embodied upon the Album, and as disaggregated singles distributed
12

and sold separate and apart from the Album, when it was released on September 24, 2013.
69. EMI, Universal Music Publishing, Warner/Chappell and SONY/ATV have failed

to recognize and acknowledge the substantial interest of the Smith Estate and Hebrew Hustle in

the copyright of the Infringing Composition, and have taken the position that the Smith Estate

and Hebrew Hustle are not entitled to any portion of the mechanical and publishing royalties
derived from the Infringing Composition.

70.

The Infringing Composition is a derivative work of the Infringed Composition

containing a portion of the composition created by Smith.

71.

Cash Money Records was the label that released the album and the disaggregated

single, and is responsible for the paymentof mechanical and publishing royalties for the
Infringing Composition.

72.

Upon information and belief, EMI, Universal Music Publishing, Warner/Chappell

and SONY/ATV have licensed portions of the composition of the Infringing Composition to
Cash Money Records.

73.

In the absence of a sample publishing license issued by either the Smith Estate or

HebrewHustle, a declaratory judgment is necessary to determine the rights of the Smith Estate and HebrewHustle in the copyright of the composition of the Infringing Composition and the amount of mechanical and publishingroyalties due Plaintiffs for the sale of physical and digital

albums, including digital download royalties of whole albums/"singles"/digital single album


equivalents, and ringtone/ringback royalties, based on such ownership.
WHEREFORE, Plaintiffs demand judgment as follows:

a)

That Defendants be found liable for direct, contributory, and/or vicarious

copyright infringement.

13

b)

That Defendants be ordered to submit to an accounting so that all gains,

sales, profits, and advantages derived by Defendants from each of their acts may be
determined.

c)

For a preliminary and permanent injunction enjoining Defendants and all

persons acting in concert with them from copying, reproducing, performing, manufacturing, promoting, advertising, and distributing the Infringed Composition, or
performing any materials that are substantially similar to the Infringed Composition, and

to deliver to the Court for destruction or other reasonable disposition, all such material and means for producing same, in Defendants' possession or control. d) For actual damages and Defendants' profits in an amount to be determined

at trial, not less than $300,000.00.

e)

For declaratory judgment that Plaintiffs own the copyright in the Infringed

Composition, and are entitled to publishing royalties and royalties from the sale of

physical and digital albums, including digital download royalties and ringtone/ringback
royalties, based on such ownership or, in the alternative, that the Court declare Plaintiffs'

ownership interest in the Infringing Composition and sound recordings of such works,
and order appropriate payment based upon such ownership interest. f)
disbursements.
////
////

For Plaintiffs' reasonable attorneys fee's, interest, costs, and

////

////

14

For such other and further relief as the Court deems just and proper.
Dated: New York, New York April 11,2014

ANTHONY l^OTTA
Attorney for Plaintiffs 50 Broadway, Suite 2202
New York, N.Y. 10004-1874

Tel: (212)791-7360 Fax:(212)791-7468

15

Certificate ofRegistration
&2L*s.
This Certificate issued under the seal ofthe Copyright
Officein accordance with title 17, United States Code, attests that registration has been made for the work identified below.The information on this certificate has

been made a partoftheCopyright Office records.


IS70-

Registration Number

'^TiwLJL'hfoWtt
Register of Copyrights, UnitedStates of America

PA 1-866-431
Effective date of

registration:

October 23,2013

Title '

,-

Title of Work: Jimmy Smith Rap

Completion/Publication
Year of Completion: 1982
DateoflstPublication: June7,1982
Nation of 1st Publication: United States

Author
Author: James Oscar Smith

AuthorCreated: lyrics, Spoken word composition


Work made for Wre: No

Citizen of:

United States

Copyright claimant
Copyright Claimant: Hebrew Hustle, Inc.

7759 Tennyson Court, Boca Raton, FL, 33433, United States

TransferStatement: By written agreement

Rights and Permissions


Organization Name: Hebrew Hustle, Inc.
Email: stephen@hebrew-hustle.com
Address: 7759 Tennyson Court
Boca Raton, FL 33433 United States

Telephone:

305-934-8703

Certification

Name: Stephen Hacker


Date: October 23,2013

Correspondence: Yes

Page 1 of 1

Registration]?: PA000186643!

Service Request*: 1-1010508071

Hebrew Hustle, Inc. Stephen Hacker 7759 Tennyson Court Boca Raton, FL 33433 United States

ANTHONY MOTTA
ATTORNEY AT LAW

NEW YORK

50 BROADWAY #2202

COUNSEL TO Michael Reason Solicitors 3rd Floor,8 Moorgate LONDON, EC2R 6DA

NEW YORK, N.Y. 10004-1674 TELEPHONE: (2I2) 791-7360


INTERNET: AMOTTA@PRODIGY.NET

ENGLAND TEL: <0207) 600-3111


FAX: 0207) 600-4111

FAX: (2I2) 791-7468

January 24, 2014

VIA ELECTRONIC MAIL AND FIRST CLASS MAIL


Ms. Sue Carroll

Apple Inc. 1 Infinite Loop, M/S 3-TM Cupertino, CA 95014

Email: copyrightagent@apple.com
Re: DMCA Take Down Notice

Dear Copyright Agent:

My office represents Hebrew Hustle Music, Inc. ("Hebrew Hustle"). Hebrew Hustle is a co-publisher and owner of fifty (50%) percent of the copyright in the musical composition, "Jimmy Smith Rap" (the "Infringed Work"), and has the exclusive right to administerthe entire musical compositioncopyright in the Infringed Work. Approximately thirty-five seconds of the Infringed Work is embodied in the following soundrecordings (the "Sound Recordings"), both of which are available on
iTunes.com ("iTunes"):
1. "Pound Cake/Paris Morton Music 2"; and 2. "Pound Cake/Paris Morton Music 2" (feat. JAY-Z).

I write to bring your attention to the infringements, by the unauthorized use of the Infringed Work in the Sound Recordings, located at the following URL's on iTunes:
1. "Pound Cake/Paris Morton Music 2" (feat. JAY-Z) -

https://itunes.apple.com/us/albunT/nothing-was-the-same/id705510148
2. "Pound Cake/Paris Morton Music 2" (feat. JAY-Z) -

https://itunes.apple.com/us/album/pound-cake-paris-mortonmusic/id705510148?i=705510370

3. "Pound Cake/Paris Morton Music 2" (feat. JAY-Z) (explicit) -

https://itunes.apple.com/us/album/nothing-was-the-same/id705503499:
and

4. "Pound Cake/Paris Morton Music 2" (feat. JAY-Z) (explicit) https://itunes.apple.com/us/album/pound-cake-paris-mortonmusic/id705503499?i=705503642

I can be reached to discuss the infringements at the address, telephone


number and e-mail address set forth below:

Address: 50 Broadway, Suite 2202, New York, NY, 10004 Telephone: (212) 791-7360 E-mail Address: tony@mottakrents.com

I have a good faith belief that the use of the material in the mannercomplained of is not authorized by the copyright owner, its agent, or the law. Underpenaltyof perjurythe above information in this notification is accurate, and I am an agent authorized to act on behalf of the owner of the exclusive right in the
copyright that is being infringed.

I thank you in advance for your time and consideration ofthe matter.

Ver^tfydy yours,
Anthony Mirtta

print

*https://us-mg204.mail.yahoo.com/neo/launch?.partrier=SDC&.rand-...

Subject: From:
To:

RE: iTS34030 Hebrew Hustle Music, Inc Erin Johnson (iTunesStoreNotices@apple.com)


amotta@prodigy.net;

Date:

Wednesday, January 29, 2014 4:24 PM

Hello Anthony,

Wehave been in touch with ourprovider and they disagree with your claim. Please workwith our provider

directly toresolve your concern attheemail addresses provided in the attached spreadsheet in thecolumn
titled Comments. We hope this will be resolved amicably.
See attachment.

Best regards,

Erin Johnson

II Internet Services Legal | Apple | 1 Infinite Loop | Cupertino | CA | 95014


*PLEASE NOTE NEW EMAIL ALIAS FOR iTUNES LEGAL CLAIMS* iTunesStoreNotices@apple.com

The information in this e-mail and any attachment(s) is intended solely for the personal and

confidential use of the designated recipients. This message may be an attorney-

client communication protected by privilege. If you are not the intended recipient, you may not review, use, copy, forward, or otherwise disseminate this message. Please notify us of the transmission error by reply e-mail and delete all copies ofthe message and any

attachment(s) from your systems. The use of the sender's name in this message is not
intended as an electronic signature under any applicable law. Thank you.

[ j J

lofl

1/29/2014 5:16 PM

ANTHONY MOTTA
ATTORNEY AT LAW

NEW YORK

COUNSEL TO

Michael Reason Solicitors

50 BROADWAY #2202

3rt Floor, 8 Moorgate london, ecsr sda

NEW YORK, N.Y. 10004-1674 TELEPHONE: (212) 791 -7360


INTERNET: AMOTTA@PRODIGY.NET

England TEL: <0207) eoo-3111


FAX: 0207)600-4111

FAX: (2I2) 791-7468

January 24,2014

VIA ELECTRONIC MAIL AND FIRST CLASS MAIL

Copyright Agent Amazon.com Legal Department


P.O. Box 81226

Seattle, WA 98108

Phone: (206) 266-4064 Fax: (206) 266-7010

E-mail: copyright@amazon.com
Re: DMCA Take Down Notice

Dear Copyright Agent: My office represents Hebrew Hustle Music, Inc. ("Hebrew Hustle").

Hebrew Hustle is a co-publisher and owner of fifty (50%) percent of the copyright in the musical composition, "Jimmy Smith Rap" (the "Infringed Work"), and has the

exclusive right to administer the entire musical composition copyright in the Infringed Work. Approximately thirty-five seconds of the Infringed Work is embodied in the following sound recordings (the "Sound Recordings"), both of which are available on
amazon.com ("Amazon"):
1. "Pound Cake/Paris Morton Music 2"; and 2. "Pound Cake/Paris Morton Music 2" (feat. JAY-Z).

I write to bring your attention to the infringements, by the unauthorized use of the Infringed Work in the Sound Recordings, located at the following URL's on Amazon:

1. "Pound Cake/Paris Morton Music 2" (feat. JAY-Z) http://www.amazon.com/gp/product/B00F5F0208/ref=dm ws sp ps dp;

2. "Pound Cake/Paris Morton Music 2" (feat. JAY-Z) http://www.amazon.com/gp/product/B00F5F13NS/ref=dm ws tlw trk13;
B00F5F13NS

"Pound Cake/Paris Morton Music 2" (feat. JAY-Z) (explicit) http://www.amazon.com/Nothing-Was-Same-DeluxeExplicit/dp/B00F5FBE82/ref=ntt mus ep dpi hand 4. "Pound Cake/Paris Morton Music 2" (feat. JAY-Z) (explicit) http://www.amazon.com/Pound-Paris-Morton-MusicExplicit/dp/B00F5FBZ9U/ref=dm art trk7. I can be reached to discuss the infringements at the address, telephone
number and e-mail address set forth below:

3.

Address: 50 Broadway, Suite 2202, New York, NY, 10004 Telephone: (212) 791-7360 E-mail Address: tony@mottakrents.com

I have a good faith belief that the use ofthe material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
Under penalty of perjury the above information in this notification is accurate,

and I am an agent authorizedto act on behalf of the owner of the exclusive right in the
copyright that is being infringed.

I thank you in advance for your time and consideration of the matter.
Very ttuly yours,

Anthony M>tta