JS 44C/SDNY

REV. 4/2014JUDGE NATHAN civil cover sheet

The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and servkfeiifj y \J t\ Vy1Apleadings or other papers as required by law, except as provided by local rules of court. This form, approved by theJudicial Conference ofthe United States inSeptember1974,is required foruse ofthe Clerk ofCourtforthe purposeof|initiating the civil docket sheet.

PLAINTIFFS

Joel R. McDonald, a/k/a Joel Mac

mber 1974, is required for use ofthe Clerk ofCourt forthe purpose of^

14JCV 8794JL> ~KJbye West; Jay-Z, a/k/a Shawn Carter; Mike Dean, FrankOcean a/k/a

Christopher Breaux; Shama Joseph, Universal Music Group; Roc-A-FellaRecords, LLC; Def Jam Music; Roc Nation LLC; Does 1-10 inclusive

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER ATTORNEYS (IF KNOWN)

LoPresti & O'Reilly, LLP110 Greene Street, Ste. 411New York, NY10012 - (212) 757-5277 •CAUSE OF ACTION (CITETHE U.S. CIVIL STATUTEUNDER WHICH YOUARE FILING ANDWRITEA BRIEF STATEMENTOF CAUSE)

(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

Copyright Infringement of music composition -17 U.S.C. § 101 et seq.

Has this action, case, orproceeding, orone essentially the same been previously filed in SDNY atany time? NoZresI—lludge Previously Assigned

If yes, wasthis case Vol. [~J Invol. [~J Dismissed. No Q Yes fj If yes, give date &Case No.

IS THIS AN INTERNATIONAL ARBITRATION CASE?

(PLACE AN [x] INONEBOXONLY)

TORTS

No • Yes •

NATURE OF SUIT

CONTRACT PERSONAL INJURY

[ ]110 INSURANCE [ ] 310 AIRPLANE[ 1120 MARINE [ J315 AIRPLANE PRODUCT|]130 MILLER ACT LIABILITY

[ 1140 NEGOTIABLE [ ] 320 ASSAULT, LIBEL &INSTRUMENT SLANDER

[ 1150 RECOVERY OF [ ] 330 FEDERALOVERPAYMENTS EMPLOYERS'

ENFORCEMENT LIABILITY

OF JUDGMENT [ ] 340 MARINE[]151 MEDICARE ACT [ ] 345 MARINE PRODUCT[ 1152 RECOVERY OF LIABILITY

DEFAULTED [ ] 350 MOTOR VEHICLESTUDENT LOANS [ ] 355 MOTOR VEHICLE(EXCL VETERANS) PRODUCT LIABILITY

11153 RECOVERY OF [ 1360 OTHER PERSONALOVERPAYMENT INJURY

OF VETERAN'S [ ] 362 PERSONAL INJURY -BENEFITS MED MALPRACTICE

[ 1160 STOCKHOLDERS

SUITS

[ 1190 OTHER

CONTRACT

[]195 CONTRACT

PRODUCT ACTIONS UNDER STATUTES

LIABILITY

[ 1196 FRANCHISE CIVIL RIGHTS

[ ]440 OTHER CIVIL RIGHTS

REAL PROPERTY(Non-Prisoner)

[ ]441 VOTING[ 1210 LAND [ ]442 EMPLOYMENT

CONDEMNATION [ ]443 HOUSING/[ ]220 FORECLOSURE ACCOMMODATIONS

[ ]230 RENT LEASE & [ ]445 AMERICANS WITH

EJECTMENT DISABILITIES -

[ ]240 TORTS TO LAND EMPLOYMENT

[ 1245 TORT PRODUCT [ ]446 AMERICANS WITH

LIABILITY DISABILITIES -OTHER

[ ]290 ALL OTHER

REAL PROPERTY

[ ]448 EDUCATION

Checkifdemanded in complaint:

CHECK IF THIS IS A CLASS ACTIONUNDER F.R.C.P. 23•

DEMAND $ OTHER

Check YES onlyifdemanded incomplaintJURY DEMAND: 0YES LNO

PERSONAL INJURY[ ] 367 HEALTHCARE/PHARMACEUTICAL PERSONAL

INJURY/PRODUCT LIABILITY

[ ] 365 PERSONAL INJURYPRODUCT LIABILITY

[ ] 368 ASBESTOS PERSONALINJURY PRODUCT

LIABILITY

PERSONAL PROPERTY

[ ] 370 OTHER FRAUD[ ] 371 TRUTH IN LENDING

FORFEITURE/PENALTY

[ ]625 DRUG RELATEDSEIZURE OF PROPERTY

21 USC 881

[ I 690 OTHER

[ ] 380 OTHER PERSONALPROPERTY DAMAGE

[ ] 385 PROPERTY DAMAGEPRODUCT LIABILITY

PRISONER PETITIONS

[ ] 463 ALIEN DETAINEE[ ] 510 MOTIONS TO

VACATE SENTENCE

28 USC 2255

[ ] 530 HABEAS CORPUS[ ] 535 DEATH PENALTY[ ] 540 MANDAMUS & OTHER

LABOR

[ ]710 FAIR LABORSTANDARDS ACT

[ ]720 LABOR/MGMTRELATIONS

[ ]740 RAILWAY LABOR ACT

[ ] 751 FAMILY MEDICALLEAVE ACT (FMLA)

[ I 790 OTHER LABORLITIGATION

[ I 791 EMPL RET INCSECURITY ACT

IMMIGRATION

PRISONER CIVIL RIGHTS

[ ]462 NATURALIZATION[ ]550 CIVIL RIGHTS APPLICATION[ ] 555 PRISON CONDITION [ ]465 OTHER IMMIGRATION[ ] 560 CIVIL DETAINEE ACTIONS

CONDITIONS OF CONFINEMENT

ACTIONS UNDER STATUTES

BANKRUPTCY

[ ]422 APPEAL28 USC 158

[ ]423 WITHDRAWAL28 USC 157

PROPERTY RIGHTS

M 820 COPYRIGHTS[ ]830 PATENT[ ]840 TRADEMARK

SOCIAL SECURITY

[ ]861 HIA(1395ff)[ ]862 BLACK LUNG (923)[ ]863 DIWC/DIWW (405(g))[ ]864 SSID TITLE XVI[ ]865 RSI (405(g))

FEDERAL TAX SUITS

[ ]870 TAXES (U.S. Plaintiff orDefendant)

[ ] 871 IRS-THIRD PARTY26 USC 7609

OTHER STATUTES

I 1 375 FALSE CLAIMS( J400STATE

REAPPORTIONMENT

[ ] 410 ANTITRUST[ 1430 BANKS & BANKING[ ]450 COMMERCE[ J460 DEPORTATION[ J470 RACKETEER INFLU

ENCED & CORRUPT

ORGANIZATION ACT

(RICO)[ ]480 CONSUMER CREDIT[ ]490 CABLE/SATELLITE TV

[ ] 850 SECURITIES/COMMODITIES/EXCHANGE

] 890 OTHER STATUTORYACTIONS

] 891 AGRICULTURAL ACTS

] 893 ENVIRONMENTALMATTERS

] 895 FREEDOM OFINFORMATION ACT

] 896 ARBITRATION

] 899 ADMINISTRATIVEPROCEDURE ACT/REVIEW OR

APPEAL OF AGENCY DECISION

[ ] 950 CONSTITUTIONALITY OFSTATE STATUTES

PAYOJJCLAJM THIS CASE IS RELATED TO ACIVIL CASE NOW PENDING IN S.D.N.Y.?

JUDGE DOCKET NUMBER

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

(PLACEANxINONEBOXONLY) ORIGIN

l*] 1 Original • 2 Removed from LJ 3 Remanded D 4 Reinstated or • 5 Transferred from • 6 Multidistrict D 7Appeal to DistrictProceeding State Court from Reopened (Specify District) Litigation Judge from

• a. all parties represented Appellate Magistrate Judge'—' Court Judgment

I I b. At least oneparty Is pro se.

(PLACE AN xINONEBOXONLY) BAS|S 0FJURISDICTION IF DIVERSITY, INDICATED 1 U.S. PLAINTIFF • 2 U.S. DEFENDANT [x] 3 FEDERAL QUESTION Q4 DIVERSITY CITIZENSHIP BELOW.

(U.S. NOT A PARTY)

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)

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

PTF DEF PTFDEF PTF DEFCITIZEN OF THIS STATE []1 []1 CITIZEN OR SUBJECT OF A []3[]3 INCORPORATED and PRINCIPAL PLACE []5 []5

FOREIGN COUNTRY OF BUSINESS INANOTHER STATE

CITIZEN OF ANOTHER STATE []2 []2 INCORPORATED orPRINCIPAL PLACE []4[]4 FOREIGN NATION [16 [16OF BUSINESS IN THIS STATE

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

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

DEFENDANT(S) ADDRESS UNKNOWNREPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE,WITH REASONABLE DILIGENCE, TO ASCERTAIN

RESldENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

Check one: THIS ACTION SHOULD BE ASSIGNED TO: • WHITE PLAINS \x\ MANHATTAN(DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTSCOMPLAINT.)

DATE 11/4/2014 SIGNATURE OF ATTORNEY OF RECORD ADMITTED TO PRACTICE IN THIS DISTRICT(J/U< fQxStt^ [x] YES (DATE ADMITTED Mo. _? Yr. 2001 )

RECEIPT # ~ Attorney Bar Code #AL 7706

Magistrate Judge is to be designated by the Clerk of the Court.MAG. JUDGE NETBURN

Magistrate Judge is so Designated.

Ruby J. Krajick, Clerk of Court by Deputy Clerk, DATED .

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

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JUDGE NATHAN

LOPRESTI & O'REILLY, LLPAnthony A. LoPrestialopresti@lo-firm.comCornelius J. O'Reillycoreilly@lo-iirm.com110 Greene Street, Ste. 411New York, New York 10012(212) 757-5277 Tel.(212) 202-4410 Fax

14 cv 8794

Attorneysfor PlaintiffJoel R. McDonald

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

JOEL R. McDONALD a/k/a JOEL MAC, an individual,

Plaintiff,

- against -

KANYE WEST; JAY-Z, a/k/a SHAWN CARTER; MIKEDEAN; FRANK OCEAN a/k/a CHRISTOPHERBREAUX; SHAMA JOSEPH; UNIVERSAL MUSICGROUP; ROC-A-FELLA RECORDS LLC; DEF JAMMUSIC; ROC NATION LLC; and DOES 1-10INCLUSIVE,

Defendants.

Case No.

COMPLAINT

CO

o

CD

JURY TRIAL DEMAND

PlaintiffJoel R. McDonald, a/k/a Joel Mac ("McDonald"), by and through his attorneys,

LoPresti & O'Reilly, LLP, does hereby complainagainst Kanye West, Jay-Z, a/k/a Shawn

Carter, Mike Dean, Frank Ocean, a/k/a Christopher Breaux, Shama Joseph, Universal Music

Group, Roc-A-Fella Records, Def Jam Music, Roc Nation, LLC, and DOES 1 through 10

(collectively, "Defendants") as follows:

COMPLAINT

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PRELIMINARY STATEMENT

1. Plaintiffbrings this action seekingrecourse for the intentional infringement of the

copyright in his musical composition titled "Made in America".

2. Plaintiff, a humble musician of modest means, wrote and recorded an album titled

"Joel Mac Songs" in his apartment in 2008. His album included a powerful and reflective track

titled "Made in America".

3. Plaintiffs album containing "Made in America" was released by iTunes on

November 2,2009 (https://itunes.apple.com/us/artist/ioel-mac/idl88721702), along with the

independentartist website CD Baby (http://www.cdbaby.com/cd/macjoel). He also uploaded the

track "Made in America" to YouTube on December 5, 2010 (http://youtu.be/LiUHYrN4NDD.

4. Plaintiff saved his pennies and managed to press CD copies of his album, which

he personally sold on the streets ofNew York, beginning in 2008. Plaintiff particularly sold his

CDs on the corner of Prince Street and Mercer Street in SoHo - directly in front of the famed

Mercer Hotel. After long hours on that corner, he became known among many for his music,

including guests at the Mercer Hotel.

5. In late 2010 through 2011, defendant Mike Dean, in collaboration with defendants

Kanye West, Shawn Carter (a/k/a Jay-Z), Christopher Breaux (a/k/a Frank Ocean), Shama

Joseph, and the defendant record labels herein, rented over a dozen rooms at the Mercer Hotel.

The defendants began writing, recording and producing what would become the album titled

"Watch the Throne". In fact, a significant part of the "Watch the Throne" album was recorded at

the Mercer Hotel, where the individual defendants lived and worked. Plaintiff even sold one of

his CDs to defendant Mike Dean, who communicated with plaintiff almost on a daily basis in

COMPLAINT

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front of the Mercer Hotel, about plaintiffs music and the production of the album going on in the

hotel.

6. "Watch the Throne" was eventually released worldwide on August 8, 2011.

Track #11 of the album is a song titled "Made in America" (hereinafter "Made in America 2"). In

addition to having the very sametitle, "Made in America 2" is a songcomprised of substantially

similar compositional, rhythmic and lyrical elements to "Made in America". (The track to "Made

in America 2" can be found here: http://youtu.be/zSDzPByiEuM).

7. The defendants then embarked on the "Watch the Throne" tour, which began in

October 2011, and continued until June 2012. The tour is reported to have grossed $48.3 million

dollars. "Made in America 2" garnered significant critical acclaim, and is often cited as a stand

out song from the album. To that end, in September 2012, the defendants even collaborated on a

music festival aptly named "Made in America", sponsored by Budweiser ("Made in America

Festival") (http://a.madeinamericafest.com/). The Made in America Festival has continued

annually to the present, expanding to two cities, and has grossed millions of dollars. In July

2014, in collaboration with defendant Shawn Carter, the documentary titled "Made in America"

was also released in the United States. Directed and produced by Ron Howard and Brian Grazer,

the film features live performances, including that of "Made in America 2". Despite the above,

defendants have never sought the permission or consent of plaintiff for any use of "Made in

America", nor have they obtained a license for the same.

8. "In hip-hop we always talk about, you know, "You bitin"' "You bitin' my stack"1.But hip-hop itself is based off of bitin'. It's based on taking segments of people'smusic, and then taking something that someone said on the street, and taking thispattern right here, and then taking this.

In the hip-hop community "biting" means stealing another artist's work.

COMPLAINT

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Like I'll do something like loop up something that someone took mad years tolearn how to play instruments and all this type of stuff [laughs]. But one of thefundamentals of hip-hop is bitin'".

Kanye West (ComposingHistory: A behindthe scenes look at the making ofKanye West's album

"Late Registratiori%ox\gvna\\y broadcast September 2005 on MTV and MTV2;

(http://youtu.be/X4ICzrOn3Fw).

JURISDICTION AND VENUE

9. This is a civil action against Defendants for their acts of copyright infringement in

violation of New York common law and the United States Copyright Act, 17 U.S.C. §101 et seq

This Court has subject matter jurisdiction over the copyright infringement under 28 U.S.C. §

1331, 17 U.S.C. § 501(a), and 28 U.S.C. § 1338(a). The amount in controversy in this matter is

in excess of $75,000.00, exclusive of interest and costs.

10. This Court has personal jurisdiction over this matter because, upon information

and belief, the Defendants, without consent or permission of the copyright owner, disseminated a

copyrighted work owned or controlled by Plaintiff. Upon information and belief, illegal

dissemination occurred and continues to occur in every jurisdiction in the United States,

including the Southern District ofNew York.

11. Venue is proper in this District under 28 U.S.C. § 1391(b) and (c) and 28 U.S.C. §

1400(a) because the Defendants recorded the infringing work in this district, the Defendants may

be found and transact business in this district, the injury suffered by Plaintiff took place in this

district, and the Defendants distributed, marketed, offered for sale and sold the infringing work

in this district.

PARTIES

12. Plaintiff McDonald is an individual residing in New York City.

COMPLAINT

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13. Upon information and belief, Defendant Kanye Omar West (hereinafter "West")

is an adult citizen residing in the State ofNew York. West is engaged in, among other things,

the business of writing, publishing, producing and performing music. West has been credited

with writing and performing the infringed work.

14. Upon information and belief, Defendant Shawn Carter, a/k/a Jay-Z (hereinafter

"Carter") is an adult citizen residing in the State ofNew York. Carter is engaged in, among other

things, the business of writing, publishing, producing and performing music. Carter has been

credited with writing and performing the infringed work.

15. Upon information and belief, Defendant Mike Dean (hereinafter "Dean") is an

adult citizen residing in the State of New York. Dean is engaged in, among other things, the

business of writing, publishing, producing and performing music. Dean has been credited with

writing and producing the infringed work.

16. Upon information and belief, Defendant Christopher Breaux, a/k/a Frank Ocean

(hereinafter "Ocean") is an adult citizen residing in the State of California. Ocean is engaged in,

among other things, the business of writing, publishing, producing and performing music. Ocean

has been credited with writing and performing the infringed work.

17. Upon information and belief, Defendant Shama E. Joseph, a/k/a "Sak Pase"

(hereinafter "Joseph") is an adult citizen residing in the State of California. Joseph is engaged in,

among other things, the business of writing, publishing, producing and performing music.

Joseph has been credited with producing the infringed work.

18. Upon information and belief, Defendant Universal Music Group (hereinafter

"Universal") is a Delaware corporation with its principal place of business at 1755 Broadway,

COMPLAINT

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New York, New York 10019. Universal is the manufacturer, distributor and seller of the

infringed work described herein.

19. Upon information and belief, Defendant Roc-A-Fella Records LLC (hereinafter

"Roc-A-Fella") is a New York limited liability company, with its principal place of business at

825 8th Avenue, 29th Floor, New York, New York 10019, and is a subsidiary of Universal and

Island Def Jam Music Group.

20. Upon information and belief, Defendant Island Def Jam Music (hereinafter "Def

Jam") is a subsidiary of Universal with its principal place of business at 825 8th Avenue, 29th

Floor, New York, New York 10019. Upon information and belief, Def Jam marketed and

exploited the infringing work described herein.

21. Upon information and belief, Defendant Roc Nation LLC (hereinafter "Roc

Nation") is a Delaware limited liability company, with its principal place of business at 1411

Broadway, 39th Floor, New York, New York 10018. Upon information and belief, Roc Nation

marketed and exploited the infringing work described herein.

22. DOES 1 through 10, inclusive, are unknown to Plaintiff, who therefore sues said

Defendants by such fictitious names. Plaintiff will ask leave of Court to amend this Complaint

and insert the true names and capacities of said Defendants when the same have been

ascertained. Plaintiff is informed and believes that each of the Defendants designated as a

"DOE" is legally responsible in some manner for the damages herein alleged.

STATEMENT OF FACTS

Plaintiffs Creation and Ownership ofCopyright

COMPLAINT

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23. Plaintiff McDonald, who also goes by the name Joel Mac, wrote and recorded an

album titled "Joel Mac Songs" in his apartment in 2008. Track #2 on that album is a slow

moving, yet powerful and reflective track titled "Made in America".

24. In 2009, plaintiff submitted his album to the independent artist website CD Baby

(http://www.cdbabv.com/cd/macioel), and it was released by iTunes on November 2,2009

(https://itunes.apple.com/us/artist/ioel-mac/idl 88721702). Plaintiff also uploaded the track

"Made in America" to YouTube on December 5, 2010 (http://youtu.be/LiUHYrN4NDI).

25. Plaintiff, an artist of modest means, saved his pennies and managed to press CD

copies of his album, which he personally sold on the streets ofNew York, beginning in 2008.

26. Throughout 2009,2010 and 2011 plaintiff sold his CDs in SoHo, New York, and

he soon became a fixture on the corner of Prince Street and Mercer Street, directly in front of the

famed Mercer Hotel.

27. Throughout 2009, 2010 and 2011 plaintiff spent long hours selling his CDs in

front of the'Mercer Hotel, and he became known for his music, including his song "Made In

America", by many in the neighborhood, as well as guests at the Mercer Hotel.

The Defendants Record At the Mercer Hotel

28. In late 2010 through 2011, the defendants rented over a dozen rooms at the

Mercer Hotel, for the purpose of writing, recording, mixing and producing what would become

the album titled "Watch the Throne".

29. During this time, the individual defendants, including West, Carter, Dean and

Ocean, practically lived at the Mercer Hotel where a significant portion of the album "Watch the

Throne" was recorded.

COMPLAINT

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30. At this time, defendant Dean, a long-time collaborator with defendant West, even

purchased one of plaintiffs CDs.

31. Throughout this time, Dean communicated with plaintiff, almost on a daily basis,

about plaintiffs music and the production of the album going on in the Mercer Hotel.

The Defendants Release the Song "Made in America "

32. The defendants released the album "Watch the Throne" worldwide on August 8,

2011. Track #11 of the album is a song titled "Made in America" ("Made in America 2").

33. "Made in America 2", in addition to having the same title as plaintiffs song, is

comprised of substantially similar compositional, rhythmic and lyrical elements to "Made in

America". (The track to "Made in America 2" can be found here:

http://youtu.be/zSDzPByjEuM). Among other lyrical similarities, the opening and hook to

"Made in America 2" pay homage to historical figures Martin Luther King and Malcolm X, as

does the opening to plaintiffs song.

34. In about October 2011, the defendants embarked on the "Watch the Throne" tour,

which continued through June 2012. The tour is reported to have grossed $48.3 million dollars.

35. "Made in America 2" garnered significant critical acclaim, and is often cited as a

stand-out song from the album.

The Defendants Collaborate in the "Made in America Festival"and the "Made in America" Documentary

36. Based upon the appeal and success of "Made in America 2", in September 2012,

the defendants even collaborated on a music festival aptly named "Made in America" ("Made in

America Festival"). The Made in America Festival, sponsored by Budweiser, has continued

COMPLAINT

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annually to the present, expanding to two cities, and has grossed millions of dollars,

(http://a.madeinamericafest.com/).

37. The defendants even collaborated to produce a documentary titled "Made in

America", which was released in the United States in July 2014.

38. The "Made in America" documentary, which was directed and produced by Ron

Howard and Brian Grazer, includes performances of "Made in America 2".

39. Defendants West, Carter, Dean, Ocean, and Joseph are credited with writing and

producing "Made in America 2".

40. At all times the defendants were, and are aware, of plaintiffs rights in "Made in

America". Despite the above, the defendants have never sought the permission or consent of

plaintiff for any use of "Made in America", nor have they obtained a license for the same.

41. On August 31,2011, plaintiff registered the copyright in "Made in America" with

the United States Copyright Office and secured Certificate ofRegistration No. SR0000682904.

42. Afterwards, on September 12, 2011, Defendants West, Carter, Ocean, Dean and

Joseph jointly registered the copyright in "Made in America 2" with the United States Copyright

Office and secured Certificate of Registration No. PA0001768256.

43. Defendants have, upon information and belief, violated federal law by willfully

infringing the copyrights of plaintiff in his song "Made in America".

44. Defendants' reproduction, performance and distribution of "Made in America 2,"

and derivatives thereof, continues unabated to this very day.

45. Defendants' infringement of plaintiffs work has generated millions of dollars for

the defendants, and has irreparably harmed the exclusive nature of plaintiffs work.

COMPLAINT

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46. As a result of the acts of the defendants, plaintiff has suffered and is suffering

damage to his business in the form of diversion of trade, loss of profits, injury to goodwill and

reputation, and the dilution of the value of his rights, all ofwhich are not yet fully ascertainable.

FIRST CLAIM FOR RELIEF

(Copyright Infringement)

47. Plaintiff hereby incorporates by reference the allegations contained in paragraphs

1 through 46 above.

48. Plaintiff is the owner of the copyrights to "Made in America", which substantially

consists of material wholly original with plaintiff and which constitutes copyright subject matter

under the laws of the United States.

49. Plaintiff has complied with the Copyright Act and the laws of the United States

governing copyrights: "Made in America" was registered with the United States Copyright

Office and received Registration No. SR0000682904.

50. Defendants have directly, vicariously and/or contributorily infringed plaintiffs

copyrighted work, and unless enjoined, will continue to infringe plaintiffs copyrights by

reproducing and distributing and utilizing his work for purposes of trade in violation of 17

U.S.C. § 106, and defendants are liable under 17 U.S.C. § 501 etseq.

51. Defendants also have, and continue to reproduce and distribute the infringing

work through numerous channels of trade internationally.

52. Defendants' infringing acts were and continue to be committed willfully.

53. Upon information and belief, by reason of subsequent, non-related acts of

infringement committed by the defendants, and/or in concert with the defendants, the infringed

COMPLAINT

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work is eligible for statutory damages. Therefore, plaintiff is entitled to an award of $150,000 in

statutory damages, costs and attorneys' fees.

54. Alternatively, at plaintiffs discretion, plaintiff is entitled to actual damages in an

amount to be proven at trial.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands judgment against Defendants as follows:

1. Defendants, and all persons acting in concert with Defendants, be permanently

enjoined from infringing Plaintiffs federal and common-law copyrights in any manner

whatsoever;

2. Order the impounding of all musical compositions and sound recordings in

Defendants' possession, custody or control that were made or used in violation of Plaintiffs

federal and common-law copyrights pursuant to 17 U.S.C. § 106;

3. Defendants be held liable to Plaintiff in statutory damages for copyright

infringement, including willful infringement, in accordance with 17 U.S.C. §§ 504(a)(2) & (c)

and for costs, interest and reasonable attorney's fees pursuant to 17 U.S.C. § 505;

4. Order a full accounting from Defendants of all profits, income, receipts or other

benefit derived by Defendants from the reproduction, copying, display, promotion, distribution,

performance, publishing or sale of products and/or services that improperly or unlawfully

infringe upon Plaintiffs copyright pursuant to 17 U.S.C. §§ 504 (a)(1) & (b);

5. Require Defendants to account for and pay to Plaintiff all profits derived by

Defendants from their acts of copyright infringement and to reimburse Plaintiff for all damages

suffered by Plaintiff by reasons of Defendant's acts, pursuant to 17 U.S.C. §§ 504 (a)(1) & (b);

COMPLAINT

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6. Award Plaintiffhis actual damages for copyright infringement pursuant to 17

U.S.C. §§ 504 (a)(1) & (b); or, alternatively,

7. Award Plaintiffprejudgment interest, and attorneys fees and costs pursuant to 17

U.S.C. § 505;

8. Award such other and further relief as the Court deemsjust and appropriate.

Dated: New York, New YorkNovember 4, 2014

Respectfully submitted,

LOPRESTI & O'REILLY, LLP

By: Isi Anthony A. LoPrestAnthony A. LoPrestialopresti@lo-firm.comCornelius J. O'Reillycoreilly@lo-firm.com

110 Greene Street, Ste. 411New York, New York 10012Ph.: (212) 757-5277Fax:(212)202-4410

Attorneysfor Plaintiff

DEMAND FOR JURY TRIAL

Plaintiff Joel R. McDonald demands trial by jury.

Dated: November 4, 2014Respectfully submitted,

LOPRESTI & O'REILLY, LLP

By: /s/ Anthony A. LoPrestiAnthony A. LoPrestiCornelius J. O'Reilly

COMPLAINT

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