dugout south lawsuit

#2218531 v1 110887-90799

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK BROADCAST MUSIC, INC.; SONGS OF UNIVERSAL, INC.; BENNY BIRD COMPANY, INC.; SHIRLEY EIKHARD USA MUSIC; EMI BLACKWOOD MUSIC, INC.; SCREEN GEMS-EMI MUSIC, INC.; BEECHWOOD MUSIC CORPORATION; STONE DIAMOND MUSIC CORP.; CAREERS-BMG MUSIC PUBLISHING, INC.; MOEBETOBLAME MUSIC, Plaintiffs, v. LET THE GOOD TIMES ROLL, LLC d/b/a DUGOUT SOUTH; ROBERT RENAUD, individually; and MICHAEL GOLDING, individually, Defendants.

Case No. 15-cv-3213

COMPLAINT

Plaintiffs, by their undersigned attorneys, for their Complaint against Defendants Let The

Good Times Roll, LLC d/b/a Dugout South, Robert Renaud, and Michael Golding (collectively,

Defendants), allege as follows (on knowledge as to Plaintiffs; otherwise on information and

belief):

JURISDICTION AND VENUE

1. This is an action for copyright infringement under the United States Copyright Act of

1976, as amended, 17 U.S.C. 101 et seq. (the Copyright Act). This Court has jurisdiction

pursuant to 28 U.S.C. 1331 and 1338(a).

2. Venue is proper in this district pursuant to 28 U.S.C. 1391(b) and 1400(a).

Case 1:15-cv-03213-ERK-CLP Document 1 Filed 06/03/15 Page 1 of 10 PageID #: 1

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THE PARTIES

3. Plaintiff Broadcast Music, Inc. (BMI), is a corporation organized and existing

under the laws of the state of New York. BMIs principal place of business is 7 World Trade Center,

250 Greenwich Street, New York, New York 10007. BMI has been granted the right to license the

public performance rights in approximately 8.5 million copyrighted musical compositions (the BMI

Repertoire), including those which are alleged herein to have been infringed.

4. The Plaintiffs other than BMI are the owners of the copyrights in the musical

compositions that are the subject of this action. All Plaintiffs are joined pursuant to Fed. R. Civ. P.

17(a) and 19(a).

5. Plaintiff Songs of Universal, Inc. is a corporation. This Plaintiff is the copyright

owner of at least one of the songs in this matter.

6. Plaintiff Benny Bird Company, Inc. is a corporation. This Plaintiff is the copyright


7. Plaintiff Shirley Eikhard USA Music is a sole proprietorship owned by Shirley Rose

Eikhard. This Plaintiff is the copyright owner of at least one of the songs in this matter.

8. Plaintiff EMI Blackwood Music, Inc. is a corporation. This Plaintiff is the copyright


9. Plaintiff Screen Gems-EMI Music, Inc. is a corporation. This Plaintiff is the

copyright owner of at least one of the songs in this matter.

10. Plaintiff Beechwood Music Corporation is a corporation. This Plaintiff is the


11. Plaintiff Stone Diamond Music Corp. is a corporation. This Plaintiff is the copyright



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12. Plaintiff Careers-BMG Music Publishing, Inc. is a corporation. This Plaintiff is the


13. Plaintiff Moebetoblame Music is a partnership owned by Michael Balzary, John

Anthony Frusciante, Anthony Kiedis, and Chad Gaylord Smith. This Plaintiff is the copyright


14. Defendant Let The Good Times Roll, LLC is a is a limited liability company,

organized and existing under the laws of the state of New York, that operates, maintains, and

controls an establishment known as Dugout South located at 4029 Hylan Blvd., Staten Isand, NY,

10308 (the Establishment), in this district.

15. In connection with the operation of the Establishment, Defendant Let The Good

Times Roll, LLC publicly performs musical compositions and/or causes musical compositions to be

publicly performed.

16. Defendant Let The Good Times Roll, LLC has a direct financial interest in the

Establishment.

17. Defendant Robert Renaud is a principal of Let the Good Times Roll, LLC with

primary responsibility for the operation and management of that limited liability company and the

Establishment.

18. Defendant Robert Renaud the right and ability to supervise the activities of

Defendant Let The Good Times, Roll, LLC and a direct financial interest in that limited liability

company and the Establishment.

19. Defendant Michael Golding is a principal of Let The Good Times Roll, LLC with

primary responsibility for the operation and management of that limited liability company and the

Establishment.


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20. Defendant Michael Golding the right and ability to supervise the activities of

Defendant Let The Good Times, Roll, LLC and a direct financial interest in that limited liability

company and the Establishment.

CLAIMS OF COPYRIGHT INFRINGEMENT

21. Plaintiffs repeat and reallege each of the allegations contained in paragraphs 1

through 20.

22. Plaintiffs allege nine (9) claims of willful copyright infringement based upon

Defendants unauthorized public performance of musical compositions from the BMI Repertoire.

All of the claims for copyright infringement joined in this Complaint are governed by the same legal

rules and involve similar facts. Joinder of these claims will promote the convenient administration

of justice and will avoid a multiplicity of separate, similar actions against Defendants.

23. Annexed to this Complaint as a schedule (the Schedule) and incorporated herein is

a list identifying some of the many musical compositions whose copyrights were infringed by

Defendants. The Schedule contains information on the nine (9) claims of copyright infringement at

issue in this action. Each numbered claim has the following eight lines of information (all references

to Lines are lines on the Schedule): Line 1 providing the claim number; Line 2 listing the title of

the musical composition related to that claim; Line 3 identifying the writer(s) of the musical

composition; Line 4 identifying the publisher(s) of the musical composition and the plaintiff(s) in

this action pursuing the claim at issue; Line 5 providing the date on which the copyright registration

was issued for the musical composition; Line 6 indicating the copyright registration number(s) for

the musical composition; Line 7 showing the date(s) of infringement; and Line 8 identifying the

Establishment where the infringement occurred.


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24. For each musical composition identified on the Schedule, the person(s) named on

Line 3 was the creator of that musical composition.

25. For each work identified on the Schedule, on or about the date(s) indicated on Line 5,

the publisher(s) named on Line 4 (including any predecessors in interest), complied in all respects

with the requirements of the Copyright Act and received from the Register of Copyrights

Certificates of Registration bearing the number(s) listed on Line 6.

26. For each work identified on the Schedule, on the date(s) listed on Line 7, Plaintiff

BMI was (and still is) the licensor of the public performance rights in the musical composition

identified on Line 2. For each work identified on the Schedule, on the date(s) listed on Line 7, the

Plaintiff(s) listed on Line 4 was (and still is) the owner of the copyright in the respective musical

composition listed on Line 2.

27. For each work identified on the Schedule, on the date(s) listed on Line 7, Defendants

publicly performed and/or caused to be publicly performed at the Establishment the musical

composition identified on Line 2 without a license or permission to do so. Thus, Defendants have

committed copyright infringement.

28. The specific acts of copyright infringement alleged in the Complaint, as well as

Defendants entire course of conduct, have caused and are causing Plaintiffs great and incalculable

damage. By continuing to provide unauthorized public performances of works in the BMI

Repertoire at the Establishment, Defendants threaten to continue committing copyright infringement.

Unless this Court restrains Defendants from committing further acts of copyright infringement,

Plaintiffs will suffer irreparable injury for which they have no adequate remedy at law.


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WHEREFORE, Plaintiffs pray that:

(I) Defendants their agents, servants, employees, and all persons acting under their

permission and authority, be enjoined and restrained from infringing, in any manner, the copyrighted

musical compositions licensed by BMI, pursuant to 17 U.S.C. 502;

(II) Defendants be ordered to pay statutory damages pursuant to 17 U.S.C. 504(c);

(III) Defendants be ordered to pay costs, including a reasonable attorneys fee, pursuant to

17 U.S.C. 505; and

(IV) Plaintiffs have such other and further relief as is just and equitable.

Dated: June 3, 2015

New York, New York GIBBONS P.C. By: /s/ J. Brugh Lower Mark S. Sidoti J. Brugh Lower One Pennsylvania Plaza, 37th Floor New York, New York 10119-3701 Tel: 973-596-4581 Fax: 973-639-6292 [email protected]

[email protected] Attorneys for Plaintiffs


Schedule

Line 1

Line 2

Line 3

Line 4

Line 5

Line 6

Line 7

Line 8

Claim No.

Musical Composition

Writer(s)

Publisher Plaintiff(s)

Date(s) of Registration

Registration No(s).

Date(s) of Infringement

Place of Infringement Dugout South

And I Love You So

Don McLean

Songs of Universal, Inc.; Benny Bird Company, Inc.

all REs 1/2/01Eps 313149-151 all 6/8/735/4/73 8/20/70

RE 835-124, RE 835-125, RE 835-179Ep 313149, Ep 313150, Ep 313151Ep 311666 Eu 201220

4/6/2015

1

Line 1

Line 2

Line 3

Line 4

Line 5

Line 6

Line 7

Line 8

Claim No.

Musical Composition

Writer(s)



Registration No(s).



Something To Talk About AKA Let's Give Them Something To Talk About

Shirley Eikhard

Shirley Rose Eikhard, an individual d/b/a Shirley Eikhard USA Music; EMI Blackwood Music Inc.

3/17/88

PAu 1-069-584

4/6/2015

2


Line 1

Line 2

Line 3

Line 4

Line 5

Line 6

Line 7

Line 8

Claim No.

Musical Composition

Writer(s)



Registration No(s).



Strangers In The Night

Bert Kaempfert; Charles Singleton; Eddie Snyder

Songs of Universal, Inc.; Screen Gems-EMI Music, Inc.

4/14/66 6/1/66

Eu 930986 Ep 217595

4/6/2015

3

Line 1

Line 2

Line 3

Line 4

Line 5

Line 6

Line 7

Line 8

Claim No.

Musical Composition

Writer(s)



Registration No(s).



We Will Rock You

Brian May

Beechwood Music Corporation

11/18/77 1/30/78 7/16/79

Eu 846121 PA 107 PA 39-056

4/6/2015

4

Line 1

Line 2

Line 3

Line 4

Line 5

Line 6

Line 7

Line 8

Claim No.

Musical Composition

Writer(s)



Registration No(s).



Wonder Of You a/k/a The Wonder Of You

Baker Knight

Songs of Universal, Inc.

1/21/86 5/5/58

RE 280-201 Eu 522857

4/6/2015

5


Line 1

Line 2

Line 3

Line 4

Line 5

Line 6

Line 7

Line 8

Claim No.

Musical Composition

Writer(s)



Registration No(s).



You Can't Hurry Love

Eddie Holland; Lamont Dozier; Brian Holland

Stone Diamond Music Corp.

6/14/65

Ep 203453

4/6/2015

6

Line 1

Line 2

Line 3

Line 4

Line 5

Line 6

Line 7

Line 8

Claim No.

Musical Composition

Writer(s)



Registration No(s).



Gypsys, Tramps And Thieves

Robert Stone

Careers-BMG Music Publishing, Inc.

8/6/71 12/21/71

Ep 293637 Eu 271991

4/6/2015

7

Line 1

Line 2

Line 3

Line 4

Line 5

Line 6

Line 7

Line 8

Claim No.

Musical Composition

Writer(s)



Registration No(s).



Dani California

Anthony Kiedis; Michael Balzary; Chad Smith; John Frusciante

Michael Balzary, John Anthony Frusciante, Anthony Kiedis and Chad Gaylord Smith, a partnership d/b/a Moebetoblame Music

6/1/06

PA 1-334-481

4/6/2015

8


Line 1

Line 2

Line 3

Line 4

Line 5

Line 6

Line 7

Line 8

Claim No.

Musical Composition

Writer(s)



Registration No(s).



Rehab

Amy Winehouse

EMI Blackwood Music, Inc.

3/15/07

PA 1-167-207

4/6/2015

9


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Case 1:15-cv-03213-ERK-CLP Document 1-2 Filed 06/03/15 Page 1 of 1 PageID #: 13

dugout south lawsuit

Documents

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plaintiff moebetoblame

plaintiff emi blackwood

plaintiff songs of universal

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copyright owner

plaintiff benny bird

copyright infringement