"'

JS 44C/SDNY REV. 4/2014

CIVIL COVER SHEET

The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of 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 initiating the civil docket sheet

.

PLAINTIFFS DEFENDANTS EMI FEIST CATALOG, INC., et al.

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER Pryor Cashman LLP

SLEP-TO~ ENQTAIN~T CORPORATION, et al. ~ . '-'v 200 ATTORNEYS (IF NOWN) ~ 9

7 Times Square, New York, New York 10023,212-421-4100, and Law Offices of Paul Harrison Stacey, P.C., 7225 N. Spring Gulch Road, P.O. Box 4157. Jackson, WY 83001; 307-733-7333 D CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUS~

(00 NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY) 17 USCA sec. 501, et seq.; copyright infrigement

Has this action, case, or proceeding, or one essentially the same been previously filed in SONY at any time? Nilles0Judge Previously Assigned

If yes, was this case Vol. D lnvol. D Dismissed. No D Yes D If yes, give date---------& Case No.---------Is THIS AN INTERNAnONAL ARBITRATION CASE? No

(PLACE AN [x]IN ONE BOX ONLY)

CONTRACT

[ ]110 INSURANCE [ ]120 MARINE [ ]130 MILLER ACT [ J 140 NEGOTIABLE

INSTRUMENT [ ]150 RECOVERY OF

OVERPAYMENT & ENFORCEMENT OF JUDGMENT

[ ]151 MEDICARE ACT ! I 152 RECOVERY OF

DEFAULTED STUDENT LOANS (EXCL VETERANS)

[ J 153 RECOVERY OF OVERPAYMENT OF VETERAN'S BENEFITS

[ ]160 STOCKHOLDERS SUITS

[ ]190 OTHER CONTRACT

[ ]195 CONTRACT PRODUCT LIABILITY

[ ]196 FRANCHISE

REAL PROPERTY

[ 1210 LAND CONDEMNATION

[ ]220 FORECLOSURE [ ]230 RENT LEASE &

EJECTMENT [ ]240 TORTS TO LAND [ ]245 TORT PRODUCT

LIABILITY [ ]290 ALL OTHER

REAL PROPERTY

TORTS

PERSONAL INJURY

[ ]31 0 AIRPLANE [ ]315 AIRPLANE PRODUCT

LIABILITY I ]320 ASSAULT, LIBEL &

SLANDER [ ] 330 FEDERAL

EMPLOYERS' LIABILITY

I ] 340 MARINE [ ]345 MARINE PRODUCT

LIABILITY [ J 350 MOTOR VEHICLE [ ] 355 MOTOR VEHICLE

PRODUCT LIABILITY I ] 360 OTHER PERSONAL

INJURY [ ] 362 PERSONAL INJURY-

MED MALPRACTICE

ACTIONS UNDER STATUTES

CIVIL RIGHTS

[ ]440 OTHER CIVIL RIGHTS (Non-Prisoner)

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

ACCOMMODATIONS I ] 445 AMERICANS WITH

DISABILITIES -EMPLOYMENT

[ ]446 AMERICANS WITH DISABILITIES -OTHER

[ 1448 EDUCATION

Check if demanded in complaint:

D CHECK IF THIS IS A CLASS ACTION UNDER F.RC.P. 23

Yes D NATURE OF SUIT

PERSONALINJURY FORFEITURE/PENALTY [ I 367 HEAL THCAREI PHARMACEUTICAL PERSONAL 1 1625 DRUG RELATED INJURY/PRODUCT LIABILITY SEIZURE OF PROPERTY [ ]365 PERSONAL INJURY 21 USC 881

PRODUCT LIABILITY [ ]368 ASBESTOS PERSONAL [ I 690 OTHER

INJURY PRODUCT LIABILITY

PERSONAL PROPERTY

[ 1370 OTHER FRAUD [ I 371 TRUTH IN LENDING

[ I 360 OTHER PERSONAL PROPERTY DAMAGE [ I 365 PROPERTY DAMAGE PRODUCT LIABILITY

PRISONER PETITIONS [ ]463 ALIEN DETAINEE [ ]510 MOTIONS TO

VACATE SENTENCE 28 usc 2255 [ I 530 HABEAS CORPUS

[ J535DEATHPENALTY [ j540 MANDAMUS & OTHER

PRISONER CIVIL RIGHTS

[ ]550 CIVIL RIGHTS [ ]555 PRISON CONDITION [ 1560 CIVIL DETAINEE

LABOR

[ I 710 FAIR LABOR STANDARDS ACT [ I 720 LABORIMGMT RELATIONS

[ 1740 RAILWAY LABOR ACT [ ] 751 FAMILY MEDICAL LEAVE ACT (FMLA) [ ] 790 OTHER LABOR

LITIGATION [ ]791 EMPL RET INC

SECURITY ACT

IMMIGRATION

[ J 482 NATURALIZATION APPLICATION

[ 1465 OTHER IMMIGRATION ACTIONS

CONDITIONS OF CONFINEMENT

ACTIONS UNDER STATUTES

BANKRUPTCY

[ ]422 APPEAL 28 usc 158

( ]423 WITHDRAWAL 28 usc 157

PROPERTY RIGHTS

[)(] 820 COPYRIGHTS [ 1830 PATENT [ 1840 TRADEMARK

SOCIAL SECURITY

( J 861 HIA (13951!) [ ]862 BLACK LUNG (923) [ 1 863 DIWC/DIWW (405(g)) [ ]864 SSID TITLE XVI ( J 665 RSI (405(g))

FEDERAL TAX SUITS

[ 1870 TAXES (U.S. Plaintiff or Defendant)

[ ]671 IRS-THIRD PARTY 26 usc 7609

OTHER STATUTES

11 375 FALSE CLAIMS 400 STATE REAPPORTIONMENT

[ ]410ANTITRUST I 1430 BANKS & BANKING I 1450 COMMERCE [ J 460 DEPORTATION [ J 470 RACKETEER INFLU-

ENCED & CORRUPT ORGANIZATION ACT (RICO)

[ 1460 CONSUMER CREDIT [ 1490 CABLE/SATELLITE TV

[ I 850 SECURITIES/ COMMODITIES/ EXCHANGE

I ]890 OTHER STATUTORY ACTIONS

I 1891 AGRICULTURAL ACTS

I ]893 ENVIRONMENTAL MATTERS

[ ]895 FREEDOM OF INFORMATION ACT

I ] 896 ARBITRATION [ J 899 ADMINISTRATIVE

PROCEDURE ACTIREVIEWC APPEAL OF AGENCY DECISI

[ ]950 CONSTITUTIONALITY STATE STATUTES

~Osb?W1..t,1J:M THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.?

DEMAND $25,000,000 OTHER Injunction JUDGE Louis L. Stanton DOCKET NUMBER13-cv-749 (LLS) Check YES only if demanded in complaint JURY DEMAND: ~YES 0\10 NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-3

(PLACE AN X-IN 'oNE BOX ONLY) -"

lRJ 1 Original D 2 D 3 Removed from Proceeding State Court

D a. an partie represented b. At least one

party is pro se.

Remanded from Appellate Court

ORIGIN D 4 Reinstated or

Reopened 5 Transferred from

{Specify District) 6 Multidistrict

litigation 7 Appeal to District

Judge from Magistrate Judge Judgment

(PLACE AN x INONEBOXONLY) BASIS OF JURISDICTION 0 1 U.S. PLAINTIFF 2 U.S. DEFENDANT [RJ 3 FEDERAL QUESTION 04 DIVERSITY

IF DIVERSITY, INDICATE 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 PTF DEF CITIZEN OF THIS STATE [ ]1 [ ]1 CITIZEN OR SUBJECT OF A

FOREIGN COUNTRY

PTF DEF []3[]3 INCORPORATED and PRINCIPAL PLACE [ ]5 [ ]5

OF BUSINESS IN ANOTHER STATE

CITIZEN OF ANOTHER STATE [ ]2 [ )2 INCORPORATED or PRINCIPAL PLACE [ ]4 [ ]4 FOREIGN NATION [ ]6 [ ]6 OF BUSINESS IN THIS STATE

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

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

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

RESii:SENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

Check one: THIS ACTION SHOULD BE ASSIGNED TO: 0 WHITE PLAINS [BJ MANHATTAN (DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTS

} I COMPLAINT.) ~ ~ DATE 3 11 ljr SIGNATURE OF ATIORNEY OF RECORD.......-(_ ADMITIED TO PRACTICE IN THIS DISTRICT ] NO [X) YES (DATE ADMITIED Mo.03 Yr. 2007

RECEIPT# Attorney Bar Code# EF 7549

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

Magistrate Judge-------------------------- is so Designated.

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

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Case No. EMI FEIST CATALOG INC., a New York Corporation, EMI GOLDEN TORCH MUSIC CORP., a New York Corporation, EMI GROVE PARK MUSIC, INC., a California Corporation, EMI JEMAXAL MUSIC INC., a Delaware Corporation, EMI MILLER CATALOG INC., a New York Corporation, EMI MILLS MUSIC, INC., a Delaware Corporation, EMI ROBBINS CATALOG INC., a New York Corporation, EMI SOSAHA MUSIC INC., a Delaware Corporation, GLENWOOD MUSIC CORP., a California Corporation, SCREEN GEMS-EMI MUSIC INC., a Delaware Corporation, EMI CONSORTIUM MUSIC PUBLISHING, INC., a New York corporation, d/b/a "EMI FULL KEEL MUSIC"; EMI CONSORTIUM SONGS, INC., a New York corporation, d/b/a "EMI LONGITUDE MUSIC;"

15 cv Judge 2099

Plaintiffs, vs.-

SLEP-TONE ENTERTAINMENT CORPORATION, a North Carolina Corporation, d/b/a "SOUNDCHOICESTORE.COM," "SOUNDCHOICE," "SOUND SOURCE STUDIOS," PHOENIX ENTERTAINMENT PARTNERS, LLC., a North Carolina Limited Liability Company, DEREK SLEP, individually and KURT SLEP, individually;

Defendants.

JURY DEMAND

COMPLAINT FOR INJUNCTION ' AND DAMAGES

NOW COME the Plaintiffs, EMI FEIST CATALOG INC., a New York Corporation,

EMI GOLDEN TORCH MUSIC CORP., a New York Corporation, EMI GROVE PARK

MUSIC, INC., a California Corporation, EMI JEMAXAL MUSIC INC., a Delaware

Corporation, EMI MILLER CATALOG INC., a New York Corporation, EMI MILLS MUSIC,

INC., a Delaware Corporation, EMI ROBBINS CATALOG INC., a New York Corporation, EMI

c:

i --.o

SOSAHA MUSIC INC., a Delaware Corporation, GLENWOOD MUSIC CORP., a California

Corporation, SCREEN GEMS-EMI MUSIC INC., a Delaware Corporation, EMI

CONSORTIUM MUSIC PUBLISHING, INC, a New York corporation, d/b/a "EMI FULL

KEEL MUSIC"; EMI CONSORTIUM SONGS, INC, a New York corporation, d/b/a "EMI

LONGITUDE MUSIC;" (hereinafter, "Plaintiffs"), by and through their attorneys, Law Offices

of Paul Harrison Stacey, P.C., and Pryor Cashman LLP, and for their COMPLAINT FOR

INJUNCTION AND DAMAGES for copyright infringement against Defendants, SLEP-TONE

ENTERTAINMENT CORPORATION, a North Carolina corporation, d/b/a

"SOUNDCHOICESTORE.COM," d/b/a "SOUNDCHOICE", d/b/a "SOUND SOURCE

STUDIOS," PHOENIX ENTERTAINMENT PARTNERS, LLC., a North Carolina Limited

Liability Company, DEREK SLEP, individually and KURT SLEP, individually; (all hereinafter,

"Defendants") state as follows:

Jurisdiction and Venue

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

1975, 17 U.S.C. 101 et seq. This Court has jurisdiction of this action under 28 U .S.C.

1331, 1338(a) and 1338(b), and under its supplemental jurisdiction.

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

(b).

Related Case and Necessitv for Filing This Suit

3. The claims in this litigation stem, in part, from the denial of joinder of the

Plaintiffs in a related lawsuit, namely: EMI Blackwood Music, Inc., et al. v. Slep-Tone

Entertainment Corporation, et al. (Case No. 1: 13-cv-00749 (LLS) "related case")). As explained

2

below however, the related case does not include PHOENIX ENTERTAINMENT PARTNERS,

LLC ("PHOENIX"), a recently formed company founded by the Co-Defendant, KURT SLEP.

4. Plaintiffs have learned that in early February 2015, the Defendants, SLEP-TONE

ENTERTAINMENT CORPORATION ("SLEP-TONE") and KURT SLEP, transferred SLEP-

TONE's assets, including SLEP-TONE's inventory of contraband recordings, to PHOENIX.

PHOENIX now purports to offer the "Sound Choice" branded karaoke recordings for licensing

to professional karaoke jockeys, including the unlicensed 6,000 song product known as the

"GEM Series," via the https://pep.rocks website. The "GEM Series" is the subject of both this

ease and the related case. (See Exhibit "1" attached hereto.) Currently, the

website now automatically redirects customers to the

"https://pep.rocks.corn" website for PHOENIX, where PHOENIX now touts itself as "The new

horne for Sound Choice- America's Favorite Karaoke Brand."

5. PHOENIX is operating as the alter-ego of KURT SLEP and SLEP-TONE;

transferring the assets of SLEP-TONE to PHOENIX has been nothing more than a calculated

and illegitimate attempt to frustrate creditors, such as the Plaintiffs, and impede the Court's

jurisdictional ability to exercise its injunctive/impoundment remedies against the defendants in

the related litigation. Thus, this suit has been necessitated as much to restrain the actions of

PHOENIX, SLEP-TONE and KURT SLEP as it has been to vindicate the twelve (12) EMI

affiliated publishers who are not parties in the related litigation and have now brought this suit.

The Parties

6. Plaintiff, EMI FEIST CATALOG INC., is a corporation duly organized and

existing under the laws of the State of New York, with its principal place of business in New

3

York, New York.

7. Plaintiff, EMI GOLDEN TORCH MUSIC CORP., is a corporation duly

organized and existing under the laws of the State of New York, with its principal place of

business in New York, New York.

8. Plaintiff, EMI GROVE PARK MUSIC, INC., is a corporation duly organized and

existing under the laws of the State of New York, with its principal place of business in New

York, New York.

9. Plaintiff, EMI JEMAXAL MUSIC INC., is a corporation duly organized and

existing under the laws of the State of New York, with its principal place of business in New

York, New York.

10. Plaintiff, EMI MILLER CATALOG INC., is a corporation duly organized and

existing under the laws of the State of New York, with its principal place of business in New

York, New York.

11. Plaintiff, EMI MILLS MUSIC, INC., is a corporation duly organized and existing

under the laws ofthe State ofNew York, with its principal place of business in New York, New

York.

12. Plaintiff, EMI ROBBINS CATALOG INC., is a corporation duly organized and

existing under the laws of the State of New York, with its principal place of business in New

York, New York.

13. Plaintiff, EMI SOSAHA MUSIC INC., is a corporation duly organized and

existing under the laws of the State of New York, with its principal place of business in New

York, New York.

14. Plaintiff, GLENWOOD MUSIC CORP., is a corporation duly organized and

4

existing under the laws of the State of New York, with its principal place of business in New

York, New York.

15. Plaintiff, SCREEN GEMS-EMI MUSIC INC., is a corporation duly organized

and existing under the laws of the State of New York, with its principal place of business in New

York, New York.

16. Plaintiff, EMI CONSORTIUM MUSIC PUBLISHING, INC, dJb/a "EMI FULL

KEEL MUSIC," is a corporation duly organized and existing under the laws of the State ofNew

York, with its principal place ofbusiness in New York, New York.

17. Plaintiff, EMI CONSORTIUM SONGS, INC, d/b/a "EMI LONGITUDE

MUSIC;" is a corporation duly organized and existing under the laws of the State ofNew York,

with its principal place ofbusiness in New York, New York.

18. Defendant, SLEP-TONE ENTERTAINMENT CORPORATION, d/b/a

"soundchoicestore.com," d/b/a "SOUNDCHOICE," and d/b/a "SOUND SOURCE STUDIOS"

(hereinafter "S LEP-TONE"), is a North Carolina corporation. Until its recent transfer of assets

to PHOENIX, SLEP-TONE has been doing business, including the unauthorized distribution,

licensing and/or sale of the infringing karaoke recordings that are the subject of this suit

throughout the United States, including the Southern District of New York, via the websites

commonly known as www.soundchoice.com and W\Vw.soundchoicestore.com. Its principal

place ofbusiness is currently 12245 Nations Ford Road, Suite 505, Pineville, NC 28134, but was

previously located (during many of the years in which the infringing conduct occurred) at 14100

South Lakes Drive, Charlotte, NC 28273.

19. The Defendant, PHOENIX ENTERTAINMENT PARTNERS, LLC., a North

Carolina Limited Liability Company, ("PHOENIX") has been recently formed by the Co-

5

Defendant, KURT SLEP, and is, upon information and belief, the transferee of the assets of

SLEP-TONE as a result of a transaction occurring during or about early February 2015.

PHOENIX is currently doing business including the offering for licensing of the infringing

"GEM Series" of karaoke recordings to professional karaoke jockeys and which are the subject

of this suit, throughout the United States, including the Southern District of New York, via the

website known as "https://pep.rocks." Its principle place of business is currently 12245 Nations

Ford Road, Suite 505, Pineville, NC 28134. Upon information and belief, the Co-Defendant,

KURT SLEP, is the founder of PHOENIX and is a principal decision maker in control of the

company and responsible therefore for the company's unlawful infringement of Plaintiffs'

copyrighted works in the course of its business operations.

20. Defendant, DEREK SLEP is, on information and belief, a citizen and resident of

Charlotte, North Carolina. KURT and DEREK SLEP ("SLEPS") are brothers and, on

information and belief, were the owners of SLEP TONE until during or about mid-20 10, at

which time DEREK SLEP sold his shares of the company to his brother, KURT SLEP.

21. SLEP-TONE and the SLEPS shall be referred to collectively herein as the "SLEP

Defendants." PHOENIX and KURT SLEP shall be referred to collectively herein as the

"PHOENIX Defendants." All of the aforementioned Defendants when referred to collectively

herein shall be referred to as the "Defendants."

22. This Court has jurisdiction over each Defendant because of their doing business

on a continuous and systematic basis as well as committing the tortious acts alleged herein which

have occurred, caused injury and continue to occur within the jurisdiction of this Court.

Defendants' systematic and continuous advertising, distribution, licensing and/or sale of

infringing recordings of one or more of Plaintiffs' copyrighted works identified on the Exhibits

6

hereto within this jurisdiction subjects them to the jurisdiction of this Court. Specifically,

Defendants have been doing business in the Southern District of New York through the

advertising, making available, distribution, offering for licensing and/or sale of infringing

recordings via interactive and/or passive internet websites to residents in the Southern District of

New York.

FACTUAL BACKGROUND

23. Karaoke means "empty orchestra" in Japanese. While originating and becoming

very popular in Japan and Asia, karaoke has also now become extremely popular in the United

States. While karaoke may be enjoyed by consumers using karaoke machines designed for

playing karaoke discs and home use, it has become vastly popular as a professional activity

offered in bars and restaurants throughout the United States which utilize professional karaoke

jockeys to conduct karaoke events for their patrons.

24. Karaoke "CD+G," "SCD+G," "DVD" and "MP3G" recordings are re-recordings

of hit songs with the lead vocal tracks either omitted (instrumental), so that the consumer can

"sing along" as if he/she were the lead singer or, in the alternative, with a vocal track sung by

sound-alike artists (learning track) which in some formats can be muted upon playback so that

the karaoke recording may be listened to either with or without a lead vocal accompaniment.

These products are recorded and encoded to provide a contemporaneous video display of the

lyrics to the song for the consumer to sing along.

25. The internet website(s) utilized by the SLEP Defendants have used graphic

images of various brands of unlicensed karaoke discs, in conjunction with a display of the

individual song titles contained on each disc and an offer to license and/or sell such discs at

7

specific prices to stimulate or induce the purchase/licensing of the karaoke discs or individual

karaoke recordings. The functionality of the website(s) also has also permitted a visitor to

effectuate an actual purchase of unlicensed products, completing the purchase transaction with a

credit card or other payment service, all in violation of the exclusive distribution rights of the

copyright owners such as the Plaintiffs in this case. Additionally, the SLEP Defendants'

interactive website(s) have contained one or more links, in an unauthorized distribution chain

selling download versions of karaoke recordings, ultimately leading customers to "The Karaoke

Channel" featured on the www.thekaraokechannel.com website owned and operated by Stingray

Music USA, Inc. and Stingray Digital Group, Inc. ("Stingray").

26. The SLEP Defendants' website(s) have also been used to advertise, promote and

solicit professional karaoke jockeys to enter into purported "license" agreements whereby SLEP-

TONE has provided the 6,000 song "GE1'v1 Series" product to be used by professional karaoke

jockeys in their karaoke services.

27. Since the transfer of the assets of SLEP-TONE, the PliOENIX website has now

undertaken the active business of "licensing" the "GEM Series" product to be used by

professional karaoke jockeys in their karaoke services.

28. The illicit licensing activities of SLEP-TONE, KURT SLEP and PHOENIX has

induced further copyright infringement by the professional karaoke jockeys by assuring them

that they have the right to copy the "GEM Series" recordings onto the hard drives of the jockeys'

karaoke machines for use in their businesses.

29. A fundamental legal requirement for copying, recording, advertising, distributing

and/or selling copyrighted material for purposes of producing a karaoke recording is a license for

exploitation of the song, which must be obtained from the owner/administrator of the copyright.

8

The owner of the copyright(s) licensed may be either the songwriter, his/her licensing agent, a

"music publisher," "publisher" or "administrator." Plaintiffs are music publishers that own or

control, in whole or in part, the copyrights in thousands of well-known and popular music

compositions that have been recorded, reproduced, distributed, advertised, "licensed" and sold

without Plaintiffs' authorization by the various Defendants and their businesses. Plaintiffs are in

the business of licensing the rights to record, reproduce, distribute, advertise, publicly perform or

otherwise exploit such copyrighted musical works, in exchange for the payment of royalties.

While Plaintiffs have issued karaoke licensing to the SLEP Defendants in 2003, 2005 and 2013,

the acts of the SELP Defendants which form the bases of the claims made against them herein

are not within the scope of the permissions granted them in the licenses. PHOENIX has never

been issued any licensing from Plaintiffs. Accordingly, the SLEP Defendants and PHOENIX are

not and have not been licensed to engage in the activities complained of herein.

30. Karaoke recordings, unlike typical sound recordings, require "synchronization" or

karaoke licenses for the graphic display of lyrics that appear on a monitor in a synchronized

presentation with the recorded music. The synchronization or "karaoke" license typically grants

rights for a mechanical reproduction of the musical composition, the use of the lyrics in

synchronized graphic display, the advertising, distribution and/or sale, as well as promotional use

of the composition, and may include a "print" permission for reproduction of the song's lyrics on

lyric booklets or inserts in the karaoke package. The permissions granted to such licensees are

strictly personal and non-transferrable/non-assignable. The permissions are also strictly limited

to licensee's products in particular formats and limit the manner and type of distribution of the

licensee's products, as well as restrict the scope of the territory within which the products may be

distributed. Such licenses do not permit the licensee to utilize/replicate illicit recordings made

9

by third parties (non-parties to the license) to make their products. The licenses specifically

provide that any arrangements created for the purpose of making any recordings pursuant to the

permissions are agreed to be the property of the licensor, such as the named Plaintiffs in this

matter.

31. Pursuant to typical synchronization and product licenses, karaoke companies may

be required to pay fixing fees and/or administration fees and required to pay advances against

future royalties, and account and pay royalties based upon the total number of units

manufactured and/or sold, usually on a quarterly basis. The customary rates for physical

synchronization licenses are fairly standardized; the rates for product and other licenses vary

considerably.

32. Historically, music publishers have not issued non-exclusive licenses to permit

the further downstream sub-licensing or sale of recordings to other commercial entities that are

not parties to the license. More recently however, publishers have undertaken the issuance of

what are called "Audio Master" or "Karaoke Master" licenses which do permit, under strictly

controlled circumstances, the sale of "Audio Master" and/or "Karaoke Master" recordings to

downstream commercial entities for further commercial exploitation. Such licenses first require

the licensing of the downstream commercial purchaser of the "Audio Master" and/or "Karaoke

Master" recording to authorize whatever commercial use the purchaser seeks to make of the

copyrighted work, before any transfer of a master recording is permitted.

ALLEGATIONS COMMON TO ALL CAUSES OF ACTION

33. Plaintiffs are the owners/administrators of the music copyrights, in the original

musical compositions, identified on the schedules attached hereto as Exhibits "1" - "5."

10

Plaintiffs' allegation that they are "administrators" means that they are either the assignees or the

exclusive licensees of one or more of the exclusive rights identified under 105 of the Copyright

Act. (17 U.S.C., 105 et seq.) For the purposes of Plaintiffs' claims, the list of musical

compositions identified on the attached Exhibits "1" - "5" shall be referred to as the "Subject

Works."

34. a.) Exhibits "1"- "4" identify various unlicensed recordings appearing on the "GEM

Series," "Sound Choice," "Brick" and "Foundation" lines of karaoke discs which

were purportedly "COMPILED AND PRODUCED BY FEC-MEDIAPLAS" in the

United Kingdom.

b.) Exhibit "5" identifies various recordings being unlawfully distributed by the SLEP

Defendants via a link on the www.soundchoice.com website ultimately leading

customers to "The Karaoke Channel" website www.karaokechannelstore.com, owned

and operated by Stingray.

c.) The Exhibits identify the registration numbers for each of the Subject Works based

upon their registration with the United States Copyright Office.

35. Plaintiffs reserve the right to amend this complaint after full discovery has been

completed to supplement the claims with any additional infringed works and any additional

courses of infringement.

36. All of the Subject Works identified herein contain material wholly original and

are copyrightable subject matter under the laws ofthe United States and, to the best of Plaintiffs'

knowledge are in fact registered with the United States Copyright Office and the Registrations

numbers assigned by the Copyright Office are entered on the respective Exhibits attached hereto

identifying the Subject Works.

11

37. Plaintiffs are informed and believe, and on that basis allege, since at least as early

as 2009, the SLEP Defendants has been variously participating from time to time in the

reproduction, distribution, offering for sale and/or licensing and actually selling and/or licensing

illegal and unauthorized copies of the Subject Works. The unauthorized copies have been in the

form of "karaoke" type recordings in either the "CDG," "CD+G," "SCDG," "SCD+G,"

"DVD," "MP-3," "MP3G" and/or "MP3+G" format for discs, hard drives, memory devices and

internet downloads.

38. Since 2010, the "GEM Series" of karaoke recordings identified on Exhibit "1"

have been unlawfully made the subject of purported licensing agreements with professional

karaoke jockeys throughout the United States and beyond. The purported licensing of hundreds

of sets of the "GEM Series" was initially undertaken by SLEP-TONE and KURT SLEP during

or about 2010, but the unauthorized licensing activity has since been undertaken by PHOENIX

as a result of a transfer of the SLEP-TONE assets to PHOENIX in early February 2015. The

purported "license" agreements between SLEP-TONE and/or PHOENIX and the professional

karaoke jockeys constitutes direct copyright infringement by SLEP-TONE and PHOENIX for

the unauthorized distribution of the recordings to the karaoke jockeys.

39. As well, both SLEP-TONE and PHOENIX are liable for v1canous and

contributory copyright infringement. Under the purported license agreements with the

professional karaoke jockeys, SLEP-TONE, (and now PHOENIX) retain ownership of the

"GEM Series" discs which are the subject of the licensing agreements. As a consequence,

SLEP-TONE and PHOENIX have the right and ability to recall those discs but have failed

and/or refused to do so because of their obvious direct financial interest in profiting from the

payments made by the professional karaoke jockeys. SLEP-TONE and PHOENIX have engaged

12

in this conduct knowing full well that the professional karaoke jockeys are utilizing the illicit

"GEM Series" discs to copy them to the hard drives of their professional karaoke machines to

provide karaoke services to various commercial venues. Alternatively, both SLEP-TONE and

PHOENIX are liable for contributory infringement relative to the illicit license agreements with

professional karaoke jockeys because SLEP-TONE and PHOENIX have materially contributed

to the unauthorized conduct of the professional karaoke jockeys by supplying the recordings

which are the object of the professional karaoke jockeys' downstream infringement.

40. The conduct of the Defendants constitutes direct, vicarious, contributory and/or

inducement of infringement of Plaintiffs' music copyrights, depending upon the specific conduct

in question. The natural, probable and foreseeable result of Defendants' wrongful conduct has

been and will continue to be to deprive Plaintiffs of the exclusive rights accorded to them under

106 of the Copyright Act to control their copyright interests, to deprive Plaintiffs of the usual

and customary royalties and other fees to which they would be entitled if the Subject Works were

properly licensed with synchronization licenses, karaoke licenses, Audio Master licenses,

Karaoke Master licenses or advertising/promotional licenses, and to deprive Plaintiffs of

goodwill. Defendants' wrongful conduct also rises to the level of willful copyright infringement

justifying an award of enhanced statutory damages.

13

FIRST CLAIM FOR COPYRIGHT INFRINGEMENT

17 U.S.C. 101, ET SEQ.

(Copyright Infringement and Willful Copyright Infringement vs. Slep-Tone Entertainment Corporation,

Phoenix Entertainment Partners, LLC, Kurt Slep and Derek SJep, individuaHy)

41. Plaintiffs reallege each and every allegation set forth in paragraphs 1 through 40,

inclusive, as though fully set forth herein, as and for this paragraph 41, and incorporates them

herein by this reference.

42. While SLEP-TONE has been issued karaoke licenses from the plaintiffs from

time to time, the conduct which forms the bases of Plaintiffs' claims herein constitutes

infringement because the SLEP Defendants exceeded the scope of any such express or implied

licenses. Specifically, by their actions alleged above and as further set forth herein, the SLEP

Defendants have infringed and will continue to infringe Plaintiffs' copyright interests in one or

more of the following ways:

a) Since during or about 2008, by supplying recordings of Plaintiffs' copyrighted works to other commercial entities including, but not necessarily limited to, the former United Kingdom corporation known as Full Sail Consultancy, Ltd. (also believed to do business as "FSC Mediaplas"), to be incorporated into and replicated in the foreign made products;

b) By further advertising, distributing, making available for purchase and/or licensing, offering for sale and/or licensing and/or actually selling/licensing the foregoing products in the United States all, of which conduct exceeds the scope of any licensing granted to the SLEP Defendants by Plaintiffs and/or Plaintiffs' agents.

c) Additionally, as a separate course of direct infringement and since 2010, the SLEP Defendants and have entered into unauthorized agreements purporting to "license" the "GEJ\1 Series" line of karaoke recordings to at least 315 individual and/or corporate professional karaoke jockeys. The SLEP Defendants have never been granted any rights from Plaintiffs to distribute such products and have been expressly prohibited from sublicensing any of Plaintiffs' copyrighted works in the licenses which have been granted to them from time to time by the Plaintiffs.

14

d) By virtue of their supplying the "GEM Series" recordings to professional karaoke jockeys, the SLEP Defendants are also liable for vicarious copyright infringement, contributory copyright infringement and/or inducement of if!fringement, relative to the further downstream copying and/or performance of the unlicensed recordings by the professional karaoke jockeys in the course of their providing their karaoke services. The SLEP Defendants will continue this course of infringement even as they have since the filing of the related litigation and the illegitimate "GEM Series" discs placed at issue by other publishers.

e) In a separate course of infringement, the SLEP Defendants have participated in the unlawful distribution of karaoke recordings ultimately made available on "The Karaoke Channel" hosted on the website known as www.thekaraokestore.com. While "The Karaoke Channel" is owned and operated by Stingray Music USA, Inc. and Stingray Digital Group, Inc. ("Stingray"). The SLEP Defendants have never been an authorized distributor of recordings containing Plaintiffs' copyrighted content in any licensing issued to Stingray by the Plaintiffs and/or their licensing agents. (Plaintiffs' claims for copyright infringement against Stingray and numerous owners/officers of Stingray have been resolved by settlement pursuant to formal mediation. However, Plaintiffs' settlement with Stingray reserved all rights against the SLEP Defendants.)

f) In a separate course of infringement, SLEP-TONE and KURT SLEP 1 have recently made a transfer of the assets of SLEP-TONE, including unauthorized copies of the "GEM Series" recordings to PHOENIX, the purpose of which is to allow PHOENIX to undertake the continued illicit licensing of the "GEM Series" to professional karaoke jockeys. Plaintiffs never authorized the distribution of any karaoke recordings by SLEP-TONE to third-party commercial entities such as PHOENIX for further exploitation and have never entered into any licensing agreements with PHOENIX authorizing their exploitation of Plaintiffs' copyrighted works m any manner, much less to engage in sublicensing to professional karaoke jockeys.

43. By their further actions the SLEP Defendants and PHOENIX have infringed and

will continue to infringe Plaintiffs' copyright interests. The Subject Works identified on Exhibits

"1" "5" are not intended to be an exhaustive list of all of the copyrighted works

O\vned/administered by Plaintiffs which have been infringed by the SLEP Defendants. Rather,

Plaintiffs merely have identified the works which are known to them to have been infringed by

the SLEP Defendants to date and expressly reserve the right to seek leave to amend this Second

1 DEREK SLEP has had no involvement with the PHOENIX infringement.

15

Amended Complaint at the conclusion of discovery to add such additional works and infringing

products as are identified in the course of discovery.

44. Alternatively, the SLEP Defendants and PHOENIX have materially contributed to

and induced the unlawful use of unlicensed recordings utilizing Plaintiffs' copyrighted works, or

have failed to exercise their respective rights and abilities to control the conduct of those

responsible for the infringement, thereby deriving a financial benefit from the infringement.

45. The Defendants have infringed Plaintiffs' exclusive rights to the Subject Works

and the Defendants' conduct has been willful and undertaken with actual or constructive notice

that it was in violation of Plaintiffs' rights and done nevertheless in reckless disregard of

Plaintiffs' rights. Alternatively, the Defendants' conduct was undertaken with actual or

constructive notice that it was in violation of Plaintiffs' rights and done nevertheless in reckless

disregard of Plaintiffs' copyright interests.

46. Plaintiffs are entitled to an injunction restraining the Defendants, their officers,

agents and employees, and all persons acting in concert with them, from engaging in any further

such willtw acts in violation of the copyright laws.

4 7. Plaintiffs are further entitled to recover from the Defendants the damages,

including attorneys' fees, they have sustained and will sustain, and any gains, profits and

advantages obtained by the Defendants as a result of their acts of infringement alleged above. At

present, the amount of such damages, gains, profits and advantages cannot be fully ascertained

by Plaintiffs. Alternatively, Plaintiffs are entitled at their election to an award of statutory

damages, attorney's fees and costs based upon the Defendants' acts of infringement alleged

above.

16

48. Plaintiffs are further entitled to recover from the Defendants the damages

including attorneys' fees they have sustained and will sustain, and any gains, profits and

advantages obtained by the Defendants as a result of the Defendants' acts of willful infringement

alleged above. Alternatively, Plaintiffs may elect the statutory penalties provided for in 17

U.S.C. 504(c)(1) and (2), not to exceed $150,000.00 per copyright, per Defendant in the case

of liability for which they are not jointly and severally liable; otherwise, jointly against all

Defendants for joint conduct. At present, the amount of such damages, gains, profits and

advantages cannot be fully ascertained by Plaintiffs and Plaintiffs reserve the right to make such

election to have the Court impose the statutory penalties.

WHEREFORE, the Plaintiffs, EMI FEIST CATALOG INC., et al. respectfully pray this

Honorable Court for entry of judgment in their favor or an order providing the following relief

against the Defendants,, SLEP-TONE ENTERTAINMENT CORPORATION, a North Carolina

corporation, d/b/a "SOUNDCHOICE", d/b/a "SOUND SOURCE STUDIOS," PHOENIX

ENTERTAINMENT PARTNERS, LLC., a North Carolina Limited Liability Company, DEREK

SLEP, individually and KURT SLEP, individually, as follows:

a. That the Court finds that the Defendants have infringed Plaintiffs'

copyright interests in the Subject Works identified on Exhibits "1" - "5" attached hereto

and associated with the brands identified on said respective Exhibits.

b. That the Court finds a substantial likelihood that the Defendants will continue

to infringe Plaintiffs' copyright interests in the Subject Works identified on Exhibits "1"-

"5" attached hereto, unless enjoined from doing so.

c. That the Defendants, their directors, officers, agents, servants, employees and

all other persons in active concert or privity or in participation with them, be enjoined

17

from directly or indirectly infringing Plaintiffs' copyrights in the Subject Works or

continuing to market, offer, sell, dispose of, license, lease, transfer, display, advertise,

reproduce, develop or manufacture any works derived or copied from the Subject Works

or participate or assist in any such activity.

d. That the Defendants, their directors, officers, agents, servants, employees and

all other persons in active concert or privity or in participation with them, be enjoined to

return to Plaintiffs any and all originals, copies, facsimiles, or duplicates of the Subject

Works in their possession, custody or control.

e. That the Defendants, their directors, officers, agents, servants, employees and

all other persons in active concert or privity or in participation with them, be enjoined to

recall from all distributors, wholesalers, jobbers, dealers, retailers and distributors, and all

others known to Defendants, any originals, copies, facsimile, or duplicates of any works

shown by the evidence to infringe any copyright in the Subject Works.

f. That the Defendants be enjoined to deliver upon oath, to be impounded during

the pendency of this action and destroyed pursuant to judgment herein, all originals,

copies, facsimiles, or duplicates of any work shown by the evidence to infringe any

copyright in the Subject Works.

g. That Defendants be required to tile with the Court and to serve on Plaintiffs,

within 30 days after service of the Court's order as herein prayed, a report in writing

under oath setting forth in detail the manner and form in which Defendants have

complied with the Court's order.

18

Dated:

h. That judgment be entered for Plaintiffs and against Defendants for Plaintiffs'

actual damages according to proof, and for any profits attributable to infringements of

Plaintiffs' copyrights, in accordance with proof.

i. Alternatively, and upon Plaintiffs' election, that judgment be entered for

Plaintiffs and against Defendants for statutory damages based upon Defendants' acts of

infringement and willful infringement, pursuant to the Copyright Act of 1975, as

Amended, 17 U.S.C. 101 et seq.

j. That Defendants be required to account for all gains, profits, and advantages

derived from their acts of infringement and for their other violations of law.

k. That all gains, profits and advantages derived by Defendants from their acts of

infringement and other violations of law be deemed to be held in constructive trust for the

benefit of Plaintiffs.

1. That Plaintiffs have judgment against Defendants for Plaintiffs' costs and

attorneys' fees.

m. That the Court grant such other, further, and different relief as the Court

deems proper under the circumstances.

JURY ]) EMAN])

Plaintiffs hereby demand a trial by jury on all issues triable to a jury.

New York, New York March 19,2015

DonaldS. Zakarin

19

William Charron Frank P. Scibilia Eric Fishman Pryor Cashman 7 Times Square New York, New York 10035 Direct dial: (212) 325-0108 Facsimile: (212) 798-5305

And

Paul Harrison Stacey (Pro Hac Vice pending) Law Oflices ofPaul Harrison Stacey, P.C. Wyoming Bar No. 5-2515 7225 N. Spring Gulch Road P.O. Box 4157 Jackson, WY 83001 Ph: 307-733-7333 Fax: 307-733-7350 Attorneys (or Plaintiffs, EM/ f~IST CATALOG INC., et al.

20

Exhibit 1 to

Complaint for Injunction and Damages EMI FEIST CATALOG, INC., etal.

v. SLEP-TONE ENTERTAINMENT CORPORATION, et al.

(EMI Copyrights on Unlicensed "GEM Series" karaoke discs) Title Writer(s) Registration Publisher

1. (I'm Not Your) Hart,BobbyfBoyce,Tornrny EU943841 SCREEN GEMS Steppin' Stone

2. A Girl Like Brigati, Edward J/Cavaliere, EP234330 EMIJEMAXAL You Felix

3. A Good Nelson, Willie/Jennings, EP0000294817 ;REO EMILONGITUDE Hearted Waylon 000664954;PAOOOO Woman 217644

4. Against All Collins, Phil PA 205096, EM! GOLDEN Odds (Take A 02/27/1984 TORCH Look At Me Now)

5. Ain't Nobody Wolinski, David J PA 180772, EMIFULLKEEL 7/22/1983

6. Always On My James, Mark/Thompson, EP 293227: SCREEN GEMS Mind Wayne/Christopher, John L. 1111611973

Jr. RE 795-500: 12/31/1998

7. Angel Baby Hamlin, Rosalie EU 647905/RE 377- EMILONGITUDE 764/EP 283060/RE 678746/PA 27-605/RE 927-513/EP368123

8. Angel Flying Nelson, Willie PA49322, EMILONGITUDE Too Close To 1118/1979 The Ground

9. Another Rainy Degarmo, Christopher/Tate, PA498409 SCREEN GEMS Night (Without Geoff/Jackson, Eddie You)

10. A-Tisket A- Fitzgerald, Ella/ Alexander, EU 170752, dated EM! ROBBINS Tasket Van 6/2911938;

R 364231, dated 6/29/1965 EP 70253, daetd

7/1111938; I R 364909, dated

7/12/1965 11. Barbara Ann Fassert, Fred EU 566105; EMILONGITUDE

3/11/1959 RE 334615; 3/25/1987

12. Bloody Mary Nelson, Willie EUOOOO 187040/REO EMILONGITUDE Morning 000783262

. 13. Blue Moon Rodgers, Richard/Hart, EP 45186, 12/511934 EMIROBBINS I Lorenz R 286391, 12/5/1961 14. Book Of Love Davis, Warren/Malone, EU 502696/RE 239- EMILONGITUDE

George/Patrick, Charles 768/RE-656-508/RE 911-404/EU 941282/RE 877-363

15. Breaking Up Is Sedaka, NeiVGreenfield, EU 724--459; SCREEN GEMS Hard To Do Howard 6/7/1962

RE 491-465; 7/27/1990 RE 501-221; 12/511990 EP 165-278; 7/9/1962 RE 491-450; 7/27/1990 RE 501-238; 12/511990

16. Buffalo Soldier Williams, Noel/Marley, Bob PA 198296, EMILONGITUDE 1112111983 PA 725627, 8/111994 (CA) PAu 492275, 3/28/1983 PAu 543476,

I 811911983 (CA) 17. By The Time I Webb, Jimmy L EP 249530 EMISOSAHA

Get To I Phoenix

18. Calendar Girl Sedaka, NeiVGreenfield, EP 164957 SCREEN GEMS Howard

19. California Sun Levy, Morris/Glover, Henry EU 659360, EMILONGITUDE 2/24/1961 RE 428369, 2/14/1989

20. Chattanooga Warren, Harry/Gordon, EP 95797, 6/27/1941 EMIFEIST ChooChoo Mack R 460142, 41111969

21. Clean Up Clarke, Willie James/Reid, EP 297443 EMILONGITUDE Woman Clarence Henry

.

22. Clumsy Ferguson, Stacyffroup, PA0001165468 EMIROBBINS Bobby/ Adams, Will/Simmons, Russell W Smith, Lawrence/Spicer, James

23. Could It Be Manilow, Barry/ Anderson, EU 448580, EMILONGITUDE Magic Adrienne 12/311973

RE 840664, 6/18/2001

24. Crimson And James, Tommy/Lucia, Peter EP 251543, EMILONGITUDE Clover 10/2911968

RE 726666, 1122/1996

25. Cry Like A Penn, Dan/Oldham, RE 724-293 SCREEN GEMS Baby Spooner

26. Crystal Blue James, Tommy/Gray, Eddie EU0000255311 ;REO EMILONGITUDE Persuasion MorleyN ale, Mike 000752693

27. Daydream Stewart, John EU 24395, SCREEN GEMS Believer 11/1311967

RE 694197, 4nl1995

28. Dead Man's Berry, Jan/Christian, Roger EU 802165 SCREEN GEMS Curve Val/Wilson, Brian Douglas

Kornfeld, Artie i 29. Deeper Than Overstreet, Paul/Schlitz, PA 418-887 SCREEN GEMS

The Holler Don

~ Delilah Reed, Les/Mason, Barry EU 38093 GLENWOOD 31. Different Nesmith, Michael EU 892696, dated SCREEN GEMS

Drum 7/1611965; RE 649883, dated 12/2811993 EU 78965, dated 1119/1967; RE 701657, dated 417/1995

32. Do Right Penn, Dan!Moman, Chips RE 701-305 SCREEN GEMS Woman Do Right Man

33. Don't Say Goffin, Gerry/King, Carole EU 753329 SCREEN GEMS Nothin' Bad (About My Baby)

I 34. Draggin' The James, Tommy/King, EU0000223559/REO FILONGITUDE I Line RobertL 000783409

35. Drivin' My Stevens, Even/Rabbitt, PA 222-514 SCREEN GEMS I Life Away Eddie/Malloy, David

. 36. Eighteen Nelson, Paul/Nelson, Gene PAu001012239 SCREEN GEMS Wheels And A

I Dozen Roses 37. Empire Wilton, Michaelffate, Geoff PA498410 SCREEN GEMS i

38. Five O'clock Reynolds, Allen EU0000915595;REO SCREEN GEMS World 000623758

39. Fool For Your Moody, Mick/Marsden, P A0000451 052 EMILONGITUDE Loving Bemie/Coverda1e, David

40. Georgia Johnson, Carolyn PA 1232005; EMILONGITUDE DawnN erges, Troy 11/1/2001

41. Ghostbusters Parker, Ray Erskine Jr PA 218114, EMIGOLDEN 7/13/1989 TORCH PA 218120, 7/13/1989 (lnst. Version)

42. Groovin' Brigati, Edward J/Cavaliere, EP 230379 EMIJEMAXAL Felix

43. ! Happy Sedaka, Neil/Greenfield, EU 691-815; SCREEN GEMS Birthday Sweet Howard 10/1711961 Sixteen RE 426-997;

2/1011989 44. Have Yourself Blane, Ralph/Martin, Hugh EU 354875; EMIFEIST

A Merry Little 11/2211943 Christmas R 495419;

11123/1970 R495420; 11123/1970 EP 126302; 10/20/1944 R 515274; 10/20/1971

145. Hearts On Fire Rabbitt, Eddie/Stevens, PA0000002597 SCREEN GEMS Evenffyler, Dan

i 46. Hello It's Me Rundgren, Todd Harry EU 66445- SCREEN GEMS 7/29/1968 RE 724-605-1/1611996 PA44-528-711011979 I

47. Here Comes Remi, Salaarn!Kamoze, PA0000892751 EMILONGITUDE The Hotstepper Ini/Kenner, (Dirty Version) Christopher/Nix, Kenton

48. Here You Mann, Barry/W eil, Cynthia EU 809930- SCREEN GEMS Come Again 8/1511977

RE 911-785-1/3/2005 EP 380034-1113/1977 RE 911-455 1/3/2005

49. Highway Star Lord, Jon/Paice, Ian/Gillan, EF0155456 GLENWOOD Ian/Glover, Roger D Blackmore, Ritchie

50. Hold Me, Noble, Harry EP 67442, EMIMILLS Thrill Me, Kiss 10/21/1952 Me RE 66685,

9/29/1980 51. Honk:y Tonk Bogan, Lee C/Diffie, Joe PA0000613369 EMILONGITUDE

Attitude 52. Hooked On A James, Mark EP 249766, dated SCREEN GEMS

Feeling 9/13/1968; RE 724694, dated 1/16/1996

53. HowCaniBe Brigati, Edward J/Cavaliere, EP 255 773 EMIJEMAXAL Sure Felix

54. Hungry Mann, Barry/Weil, Cynthia EU943843 SCREEN GEMS 55. I Believe In Cook, Roger F./Hogin, Sam PA 807 135 SCREEN GEMS

You 56. I Can't Stay Goffin, Gerry/King, Carole EU 780854 SCREEN GEMS

Mad At You 57. I Like It, I Dukes, Steve/ Anderson, Jeb PA 643-837 EMIFULLKEEL

Love It Stuart/Hall, Markus

~: I Love A Rabbitt, Eddie/Stevens, PA 72-475 SCREEN GEMS Rainy Night Even/Malloy, David I Think I Love Romeo, Tony EP 279-755; SCREEN GEMS You 1112/1970

RE 782-531; 1/2/1998

60. I Think We're Rosenblatt, Richard EP 226335, EMILONGITUDE Alone Now 1124/1967

RE 702512, 6/5/1995 ~IWantYouTo Nielsen, Rick EU-809938 SCREEN GEMS

Want Me If I Give My Crane, Jimmie/Brewster, EU 316262 EMIMILLER Heart To You Jimmy/Jacobs, AI

63. If I Only Had Harburg, E.Y. "Yip"/Arlen, EU 171652, dated EMIFEIST ABrain A Harold 7/18/1938; Heart And The R 364975, dated Nerve 7/19/1965

EP 74977, dated 2/811939 R 379227, dated

i 2/8/1966 EP 79154, dated

I 717/1939 R 390359, dated 8/3/1966

64. I'm Gonna Be Colucci, Jill/Harris, Stewart PA471530 EMIGOLDEN Somebody TORCH

65. I'm In The Me Hugh, Jimmy/Fields, EP 49225, 711111935 EMIROBBINS Mood For Dorothy R 298686, 711111962 Love

166. I'm Into Goffin, Gerry/King, Carole EU 818747 SCREEN GEMS Something

I i Good I 67. i I'm Telling Garrity, Freddie/Murray, EFOR 95337/EP GLENWOOD

I YouNow Mitch 177893/EP

87883/EP 205618 168. I'm Your Casey, Harry Wayne/Finch, EU 725 440 EMlLONGITUDE

Boogie Man Richard Raymond 169. In The Rain Hester, Anthony EU 278859/RE 911- EMILONGITUDE

459/EP 78528/R i 536504 70. Indian Lake Romeo, Tony EU 48352 SCREEN GEMS

71. Infatuation Stewart, Rod/Hitchings, PA 900 736 EMIFULLKEEL Duane S/Robinson, Roland

72. It's Raining Jabara, Paul/Shaffer, Paul PA 155624, EMISOSAHA i Men 11/16/1982 73. Jet City Degarmo, Christopher/Tate, PA498407 SCREEN GEMS

Woman Geoff 74. Joey Napolitano, Johnette Lin PA495 150 EMILONGITUDE

75. I Keep It Comin' Casey, Harry Wayne/Finch, EU 725 446 EMILONGITUDE ! Love Richard Raymond 76. ! Keep Your Goffin, Gerry/King, Carole EU732-343 SCREEN GEMS

Hands Off My Baby

77. Knock Three Brown, L. Russell/Levine, EU 219335 EMISOSAHA i Times Irwin 78. Last Train To Hart, Bobby/Boyce, Tommy EU 959-855; SCREEN GEMS

Clarksville 9/8/1966 RE 656-443; 3/15/1994 EP 224-641; 11/8/1966

RE 656-440; I 311511994

79. Leroy The Pippin, Stevan UDiffie, PA0000643855 EMILONGITUDE Redneck Joe/Slate, Stacey PA0000643929 Reindeer PA0000767757

80. LetMeBeThe Martinec, Lewis A PA0000330210 SCREEN GEMS One

81. Little Things Calisch, Edith UStutz, Carl EP 78057 EMIFEIST Mean A Lot

82. Look Through Silverman, EFO 108320 GLENWOOD Any Window Charles/Gou1dman, Graham

83. Louie Louie Berry, Richard EU 471125, EMILONGITUDE 3/2211957 RE 229368, 12/31/1984

84. Maggie May Stewart, Rod/Quittenton, EP 289799 EMIFULLKEEL Martin

85. Magic Paton, David/Lyall, Billy EFO 174038 SCREEN GEMS 86. Mandy Kerr, Richard/English, Scott EP 295330- SCREEN GEMS

10/24/1971 RE 813-704-12/29/1999 EP 380031-11/411977 RE 911-453-113/2005

87. Mary Mary Nesmith, Michael EU 967-817; SCREEN GEMS 12112/1966 RE 673-114; 5/27/1994

88. Me And Paul Nelson, Willie EP 291853, EMILONGITUDE 9/20/1971 RE 803395, 1121/199

89. Men Byrne, Robert/Schulman, PA 300-741: SCREEN GEMS David Alan 9/10/1986

i 90. Minnie The Calloway, Cab/Gaskill, EP22824 EMIMILLS Moocher Clarence/Mills, Irving

91. MonyMony Bloom, Bobby/James, EP 244045,4/4/1968 EMILONGITUDE Tommy/Rosenblatt, RE 738527, Richard/Gentry, Bo 9/11/1996

92. Moody Blue James, Mark EP347951 SCREEN GEMS 93. My Heart Gordon, Alan Lee EU 358584 EMISOSAHA

Belongs To Me 94. Next Door To Sedaka, NeiUGreenfield, EU736356 SCREEN GEMS

An Angel Howard 95. No More Harris, James Samuel PA 1092111, SCREEN GEMS

Drama Iii/Lewis, Terry/De Vorzon, 11113/2001 Barry Botkin, Perry L

96. No One Else Colucci, Jill/Harris, PA 142663, EM! GOLDEN On Earth Stewart!Lorber, Sam 07/02/1992 TORCH

PAu 1401733, 07/13/1990

97. Oh Carol Sedaka, Neil/Greenfield, EP 138374 SCREEN GEMS Howard

98. On Broadway Mann, Barry/W eil, EU 734579: 8/31/62 SCREEN GEMS Cynthia!Leiber, RE485-344: Jerry/Stoller, Mike 7/20/1990

99. On The Road Nelson, Willie PAu 197371, EMILONGITUDE Again 2/5/1980

100. One Fine Day Goffin, Gerry/King, Carole EU 766114, SCREEN GEMS 04112/1963; RE 528808, 03/14/1991 EP 177215, 06/19/1963; RE 567555, 12/3111991 RE 544157, 04/0811991

101. Over The Harburg, E.Y. "Yip"/Arlen, EU 171647; EMIFEIST Rainbow Harold 7118/1938

R 364974; 7/19/1965 EU 175159; 8/24/1938 R 366767; 8/2511965 EP 74284; 1118/1939 R 378562; 1/18/1966

102. Patches Mann, Barry/Kolber, Larry EU714611 SCREEN GEMS 103. People Got To Brigati, Edward J/Cavaliere, EU 61084/RE EMIJEMAXAL

Be Free Felix 732283 104. Peppermint DiNicola, Joseph/Glover, EU 692812, EMILONGITUDE

Twist Henry 10/26/1961 RE 428002, 2/1411989

105. Pleasant Goffin, Gerry/King, Carole EU 4-825; SCREEN GEMS Valley Sunday 7111/1967

RE 789-422; 1119/1998 EP 236-549; 9/411967 RE 715-826; 3/11/1996

106. Pour Me Stevens, Even/Rabbitt, P A0000028870 SCREEN GEMS Another Eddie/Malloy, David

Tequila 107. Prop Me Up Blaylock, Rick/Perdew, PA 613 096 EMIT...ONGITUDE

Beside The Howard/Phillips, Kerry Kurt Jukebox (If I Die)

108. Pump It Roubanis, PA0001162173 EMIGROVE Nicholas/Ferguson, PARK MUSIC Stacy/ Adams, Will Pineda, Allan/Van Musser, Thomas

109. Real Love Malloy, David/Me Cormick, PAu000704374 SCREEN GEMS Randy/Brannan, Richard

110. Rock This Setzer, Brian PA 167973, EMILONGITUDE Town 1111511982

111. Santa Claus Is Coots, J. Fred/Gillespie, EU93634, EMIFEIST Comin'To Haven 09/2711934; Town R282480,

09/2711961 EP44456, 10/25/1934; R283907, 10/25/1961

112. Save The Best Lind, Jonathan G/W aidman, Pau 1278896 EMILONGITUDE For Last Wendy/Galdston, Philip

Edward 113. She's Got It All Womack, Drew/Wiseman, PA 886-673 EMIFULLKEEL

Craig 114. Shout Isley, Ronaldllsley, EP 132762, EMILONGITUDE

Rudolphllsley, O'kelly 811811959 RE 321408, 1112/1987 RE 340032, 5/26/1987 EP 132761,

I 811811959 RE 321406,

1/12/1987 RE 340033, 5/26/1987

115. Silent Lucidity Degarmo, Christopher PA 498 412 SCREEN GEMS 116. Singin' In The Freed, Arthur/Brown, Nacio EP 6350, 5/27/1929 EMIROBBINS

Rain Herb R 176608,9/10/1956 "Theme" R 171197, 5/28/1965

117. Single White - Smith, Shaye/Johnson, PA 964-705 EMIFULLKEEL Female Carolyn Dawn

118. Sixteenth Schuyler, Thorn PA0000148737 SCREEN GEMS Avenue

119. Smoke On The Lord, Jon!Paice, Ian/Gillan, EF0155448 GLENWOOD Water Ian/Glover, Roger D

Blackmore, Ritchie 120. Southern

i Toussaint, Allen EU 535596/RE 853- SCREEN GEMS

Nights 762/EP 253218/RE 911-262

121. Space Truckin' Lord, Jon!Paice, Ian/Gillan, EF0000155453 GLENWOOD Ian/Glover, Roger D RE0000832838 Blackmore, Ritchie

i 122. Stray Cat Strut Setzer, Brian PA 168000, EMILONGITUDE 11/15/1982

123. Surrender Nielsen, Rick PA 20-414: SCREEN GEMS 6/16/1978

124. Sweet Talkin' Morris, Doug/Greenberg, EU 930398 SCREEN GEMS Guy Eliot/Baer, Barbara J

I Schwartz, Robert Michael ! 125. 1 That's The Casey, Harry Wayne/Finch, EU6060200, EMILONGITUDE

Way (I Like It) Richard Raymond 8118/1975 RE 877393,

I 1/2/2003 126. The Greatest Creed, Linda/Masser, EU 774309; EMIGOLDEN

Love Of All Michael 4/511977 TORCH RE 911177; 1/3/2005

127. The Loco- King, Carole/Goffin, Gerry EU 721814: SCREEN GEMS Motion 5/23/1962

RE 491-586: 7/27/1990 EP 166455: 7/27/1962 RE 491-487: 7/27/1990

128. The Right Herman, Lew PA 30-124: SCREEN GEMS Time 4/23/1979

129. The Shadow Webster, Paul EP 204252 EMIMILLER Of Your Smile Francis/Mandel, Johnny (Vocal Version)

130 The Sky Is James, Elmore EU 643766 EMILONGITUDE Crying

131. Theme From Hart, Bobby/Boyce, Tommy EP 225554, SCREEN GEMS . The Monkees 12/15/1966;

RE 662875, 06/27/1994

132. To Sir, With Black, Don/London, Mark EP 243727 SCREEN GEMS Love

. 133. Tonight I Goffin, Gerry/Masser, PA 184-186 SCREEN GEMS Celebrate My Michael Love

134. Tossin' And Ziegler, Richard A/Rene, EU 671257 EMIGROVE Tumin' Malou PARK MUSIC

135. Turning Fenton, David PA-77-988 GLENWOOD Japanese

136. Up On The Goffin, Gerry/King, Carole EP 279751 SCREEN GEMS Roof i

7. Valleri Hart, Bobby/Boyce, Tommy EU995281 SCREEN GEMS 138. Walking In Mann, Barry/Weil, EU 848303/EP SCREEN GEMS

The Rain Cynthia/Spector, Phil 312348/RE 876-972/RE 903-939/RE 321-405/EU827265

139. Wannabe Halliwell, Geri!Bunton, PA 883313, EMIFULLKEEL Emma Lee/Brown, Melanie 04116/1997

I

J anine Chisholm, Melanie Jayne/Beckham, Victoria Caroline

I 140. We Belong Lowen, David Eric/Navarro, PA 239-328: SCREEN GEMS Daniel Anthony 1/29/1985

PA 250-511: I 1111/1984

141. We GottaGet Mann, Barry/W eil, Cynthia EU 895-700; SCREEN GEMS Out Of This 8/511965 Place RE 622-907;

3/2211993 142. When She Beeson, Marc/Lemaire, PA-689-983 EMILONGITUDE

Cries Sonny . 143. When You Say Overstreet, Paul/Schlitz, PA 374584, SCREEN GEMS

Nothin' At All Don 08/1511988 1144. Where The Sedaka, Neil/Greenfield, EU 629-289; SCREEN GEMS

Boys Are Howard 6/2311960 i RE 384-714;

112711988 EU 634-765; 8/5/1960 RE 372-110; 111111988

145. Who Put The Mann, Barry/Goffin, Gerry EU 684-102; SCREEN GEMS Bomp "In 8/1811961 TheBomp RE 426-886; BompBomp" 2/1011989

EP 165-165; 8/30/1961 RE 428-941; 2/10/1989

146. Will You Love Goffin, Gerry/King, Carole EU 653713, SCREEN GEMS Me Tomorrow 01/06/1961;

RE429038, 02/1011989 EP 152940, 05/1511961; RE 456965, 12/26/1989

147. Working In Toussaint, Allen EU 948400 SCREEN GEMS The Coal Mine

1148. Xxx'sAnd Berg, Matraca PA 753929, dated EMILONGITUDE Ooo's (An Maria/Randall, Alice 4/411995 American Girl)

149. You Don't Glover, John/Dean, James EU 726330/RE 911- EMILONGITUDE Have To Be A 519/RE-700-816/R Star (To Be In 223998 My

150. You Make Me Goffin, Gerry/King, EU 16787- SCREEN GEMS Feel Like A Carole/W exler, Gerald 9/27/1967 Natural RE 690-535-Woman 2/111995

EP 291308-8/9/1971 RE 794-745-12/3111998

151. You've Lost Mann, Barry/W eil, EU 854820; SCREEN GEMS That Lovin' Cynthia/Spector, Phil 11/2311964 Fee lin' RE 570564;

116/1992 EP 198070; 1/2711965 RE 610504; 114/1993

Exhibit 2 to

Complaint for Injunction and Damages EMI FEIST CATALOG, INC., et al.

v.

SLEP-TONE ENTERTAINMENT CORPORATION, et al.

(EMI Songs on Sound Choice Karaoke Discs from the "Power Picks," "Spotlight" and "Star Series" karaoke discs)

Title Writer(s) Registration Publisher II. Fool For Your Moody, Mick/Marsden, PA0000451052 EMILONGITUDE

Loving Bemie/Coverdale, David 2. Ghostbusters Parker, Ray Erskine Jr PA 218114, EMIGOLDEN

7113/1989 TORCH PA 218120, 711311989 (Inst. Version)

3. Have Yourself A Blane, Ralph/Martin, EU 354875; EMIFEIST Merry Little Hugh 11122/1943 Christmas R495419;

11/23/1970 R495420; 11/23/1970 EP 126302; 10/20/1944 R 515274;

i 10/20/1971 14. Hooked On A James, Mark EP 249766, dated SCREEN GEMS

Feeling 9/13/1968; RE 724694, dated 1/16/1996

5. I'm Into Something Goffin, Gerry/King, EU 818747 SCREEN GEMS I Good Carole

6. Joey Napolitano, Johnette Lin PA 495 150 EMILONGITUDE i 7. Keep Your Hands Goffin, Gerry/King, EU 732-343 SCREEN GEMS

OffMyBaby Carole 8. Knock Three Brown, L. EU 219335 EMISOSAHA

Times Russell/Levine, Irwin I 9. Last Train To Hart, Bobby/Boyce, EU 959-855; SCREEN GEMS

Clarksville Tommy 9/8/1966 RE 656-443;

3115/1994 EP 224-641; 11/8/1966 RE 656-440; 311511994

10. One Fine Day Goffin, Gerry/King, EU 766114, SCREEN GEMS Carole 04/1211963;

RE 528808, 03/1411991 EP 177215, 0611911963; RE 567555, 12/3111991 RE 544157, 04/08/1991

11. Silent Lucidity Degarmo, Christopher PA498 412 SCREEN GEMS 12. To Sir, With Love Black, Don/London, EP 243727 SCREEN GEMS

Mark 13. We Gotta Get Out Mann, Barry/W eil, EU 895-700; SCREEN GEMS

Of This Place Cynthia 8/5/1965 RE 622-907; 3/2211993

, 14. I ~!~n You Say Overstreet, PauVSchlitz, PA 374584, SCREEN GEMS ! thin' At All Don 08115/1988

Exhibit 3 to

Complaint for Injunction and Damages EMI FEIST CATALOG, INC., etal.

v. SLEP-TONE ENTERTAINMENT CORPORATION, et al.

(EMI Copyrights on Unlicensed "Brick" karaoke discs) Title Writer(s) Registration Publisher

1. Another Rainy Degarmo, PA 498 409 SCREEN GEMS Night (Without Christopherffate, You) Geoff/Jackson, Eddie

2. A-Tisket A-Tasket Fitzgerald, EU 170752, dated EMIROBBINS Ella/ Alexander, Van 6/29/1938;

R 364231, dated 6/29/1965 EP 70253, daetd 7/11/1938; R 364909, dated 711211965

3. Breaking Up Is Sedaka, Neil/Greenfield, EU 724-459; SCREEN GEMS Hard To Do Howard 6/7/1962

RE 491-465; 7/27/1990 RE 501-221; 12/5/1990 EP 165-278; 7/9/1962 RE 491-450; 7/2711990 RE 501-238; 12/5/1990

4. By The Time I Get Webb, Jimmy L EP 249530 EMISOSAHA To Phoenix

5. Cry Like A Baby Penn, Dan/Oldham, RE 724-293 SCREEN GEMS Spooner

6. Deeper Than The Overstreet, Paul/Schlitz, PA 418-887 SCREEN GEMS Holler Don

7. Different Drum Nesmith, Michael EU 892696, dated SCREEN GEMS 711611965; RE 649883, dated 12/28/1993

EU 78965, dated 111911967; RE 701657, dated 4/7/1995

8. Don't Say Nothin' Goffin, Gerry/King, EU 753329 SCREEN GEMS Bad (About My Carole Baby)

9. Hearts On Fire Rabbitt, Eddie/Stevens, P A0000002597 SCREEN GEMS I Even/Tyler, Dan

10. Here You Corne Mann, Barry/Weil, EU 809930- SCREEN GEMS Again Cynthia 8/15/1977

RE 911-785-1/3/2005 EP 380034-11/311977 RE 911-455-1/3/2005

11. Hooked On A James, Mark EP 249766, dated SCREEN GEMS Feeling 9113/1968;

RE 724694, dated 1116/1996

12. Hungry Mann, Barry/Weil, EU943843 SCREEN GEMS Cynthia

13. I Believe In You Cook, Roger F./Hogin, PA 807 135 SCREEN GEMS Sam

14. I Can't Stay Mad Goffin, Gerry/King, EU 780854 SCREEN GEMS At You Carole I

15. I Love A Rainy Rabbitt, Eddie/Stevens, PA 72-475 SCREEN GEMS I Night Even/Malloy, David

16. I Think We're Rosenblatt, Richard EP 226335, EMILONGITUDE Alone Now 1/24/1967

RE 702512, 6/511995

17. If I Give My Heart Crane, Jimmie/Brewster, EU 316262 EMIMILLER To You Jimmy/Jacobs, AI

18. LetMeBeThe Martinee, Lewis A PA0000330210 SCREEN GEMS One

19. Little Things Mean Calisch, Edith UStutz, EP 78057 EMIFEIST

~~ Carl Heart Belongs Gordon, Alan Lee EU 358584 EMISOSAHA Me Door To An Sedaka, Neil/Greenfield, EU 736356 SCREEN GEMS

Angel Howard 22. On Broadway Mann, Barry/Weil, EU 734579: SCREEN GEMS

Cynthia/Leiber, 8/31162 Jerry/Stoller, Mike RE 485-344:

7/2011990 23. One Fine Day Goffin, Gerry/King, EU766114, SCREEN GEMS

Carole 04/1211963; RE 528808, 03/14/1991 EP 177215,

!

06119/1963; RE 567555, 12/3111991 RE 544157, 04/0811991

24. Pour Me Another Stevens, Even!Rabbitt, P A0000028870 SCREEN GEMS Tequila Eddie/Malloy, David

25. Singin' In The Rain Freed, Arthur/Brown, EP 6350, EMIROBBINS "Theme" Nacio Herb 5/2711929

R 176608, 9/10/1956 R 171197, 5/2811965

26. That's The Way (I Casey, Harry EU 6060200, EMILONGITUDE Like It) Wayne/Finch, Richard 8/18/1975

Raymond RE 877393, 112/2003

27. Who Put The Mann, Barry/Goffin, EU 684-102; SCREEN GEMS Bomp "In The Gerry 811811961 BompBomp RE426-886; Bomp" 2110/1989

EP 165-165; 8/30/1961 RE 428-941; 2/10/1989

Exhibit 4 to

Complaint for Injunction and Damages EMI FEIST CATALOG, INC., et al.

v. SLEP-TONE ENTERTAINMENT CORPORATION, et al.

(EMI Copyrights on Unlicensed "Foundation" karaoke discs) Title Writer(s) Registration Publisher

1. Against All Odds Collins, Phil PA 205096, EMIGOLDEN (Take A Look At 02/27/1984 TORCH Me Now)

2. Ain't Nobody Wolinski, David J PA 180772, EMIFULLKEEL 7/22/1983

. 3. Always On My James, Mark/Thompson, EP 293227: SCREEN GEMS Mind Wayne/Christopher, John 11/16/1973

L. Jr. RE 795-500: 12/3111998

4. Barbara Ann Fassert, Fred EU 566105; EMILONGITUDE 3/1111959 RE 334615; 3/25/1987

15. I Blue Moon Rodgers, Richard/Hart, EP 45186, EMIROBBINS Lorenz 12/511934

R 286391, 12/511961

! 6. Chattanooga Chao Warren, Harry/Gordon, EP 95797, EMIFEIST Chao Mack 6/27/1941

R 460142, 4/1/1969

7. Daydream Believer Stewart, John EU 24395, SCREEN GEMS 11/13/1967 RE 694197, 4/711995

8. Delilah Reed, Les/Mason, Barry EU 38093 GLENWOOD 9. Eighteen Wheels Nelson, Paul/Nelson, PAu001012239 SCREEN GEMS

And A Dozen Gene Roses

10. Ghostbusters Parker, Ray Erskine Jr PA 218114, EMIGOLDEN

I 7/1311989 TORCH PA 218120,

7113/1989 (Inst. Version)

11. Here Comes The Remi, Salaam/Kamoze, PA0000892751 EMILONGITUDE 1

Hotstepper (Dirty Ini/Kenner, i Version) Christopher/Nix, Kenton 112. HonkyTonk Bogan, Lee C/Diffie, Joe PA0000613369 EMILONGITUDE

Attitude 13. Last Train To Hart, Bobby/Boyce, EU 959-855; SCREEN GEMS

Clarksville Tommy 9/811966 RE 656-443; 3/1511994 EP 224-641; 1118/1966 RE 656-440; 3/1511994

14. Louie Louie Berry, Richard EU 471125, EMILONGITUDE 3/2211957 RE 229368, 12/3111984

! 15. Men Byrne, Robert/Schulman, PA 300-741: SCREEN GEMS David Alan 9/10/1986

16. Minnie The Calloway, Cab/Gaskill, EP22824 EMIMILLS Moocher Clarence/Mills, Irving

17. Moody Blue James, Mark EP347951 SCREEN GEMS 1 18. No One Else On Colucci, Jill/Harris, PA 142663, EMIGOLDEN

Earth Stewart/Lorber, Sam 07/02/1992 TORCH PAu 1401733, 07/13/1990

19. I On The Road Nelson, Willie PAu 197371, EMILONGITUDE Again 2/511980

20. Over The Rainbow Harburg, E.Y. EU 171647; EMIFEIST "Yip"/ Arlen, Harold 7/18/1938

R 364974; 7/19/1965 EU 175159; 8/24/1938 R 366767; 8/25/1965 EP 74284; 111811939 R 378562; 111811966

21. Peppermint Twist DiNicola, EU 692812, EMILONGITUDE

I

Joseph/Glover, Henry 10/26/1961 RE428002, 211411989

22. Santa Claus Is Coots, J. Fred/Gillespie, EU 93634, EMIFEIST Comin' To Town Haven 09/27/1934;

R 282480, 09/2711961

EP44456, 10/2511934; R 283907, 1012511961

23. Single White Smith, Shaye/Johnson, PA 964-705 EMIFULLKEEL Female Carolyn Dawn

24. Southern Nights Toussaint, Allen EU 535596/RE SCREEN GEMS 853-762/EP 253218/RE 911-262

25. The Loco-Motion King, Carole/Goffin, EU 721814: SCREEN GEMS Gerry 5/23/1962

RE 491-586: 7/2711990 EP 166455: 7/27/1962 RE 491-487: 7/2711990

26. The Shadow Of Webster, Paul EP204252 EMIMILLER Your Smile Francis/Mandel, Johnny (Vocal Version)

27. To Sir, With Love Black, Don/London, EP 243727 SCREEN GEMS

t!m, Gerry/King, 28. Up On The Roof EP 279751 SCREEN GEMS ole

29. When She Cries Beeson, Marc/Lemaire, PA-689-983 EMILONGITUDE Sonny

30. Where The Boys Sedaka, Neil/Greenfield, EU 629-289; SCREEN GEMS Are Howard 6/23/1960

RE 384-714; 112711988 EU 634-765; 8/5/1960 RE 372-110; 111111988

31. You Don't Have Glover, John/Dean, EU 726330/RE EMILONGITUDE To Be A Star (To James 911 - 519/RE-700-Be In My 816/R 223998

Exhibit 5 to

Complaint for Injunction and Damages EMI FEIST CATALOG, INC., etal.

v. SLEP-TONE ENTERTAINMENT CORPORATION, et al.

(EMI Copyrights on Unlicensed "The Karaoke Channel" karaoke discs) Title Writer(s) Registration Publisher

1. A Girl Like You Brigati, Edward EP234330 EMIJEMAXAL J/Cavaliere, Felix

2. Another Rainy Degarmo, PA498 409 SCREEN GEMS Night (Without Christopherffate, You) Geoff/Jackson, Eddie

3. Breaking Up Is Sedaka, NeiVGreenfield, EU724-459; SCREEN GEMS Hard To Do Howard 6/7/1962

RE 491-465; 7/27/1990 RE 501-221; 12/5/1990 EP 165-278; 7/911962 RE491-450; 7/2711990 RE 501-238; 12/5/1990

14. By The Time I Get Webb, Jimmy L EP 249530 EMISOSAHA To Phoenix

5. Clumsy Ferguson, Stacyffroup, P AOOO 1165468 EMIROBBINS Bobby/ Adams, Will/Simmons, Russell W Smith,

i I Lawrence/Spicer, James 6. Don't SayNothin' Goffin, Gerry/King, EU 753329 SCREEN GEMS

Bad (About My Carole Baby)

. 7. Eighteen Wheels Nelson, Paul/Nelson, PAu001012239 SCREEN GEMS And A Dozen Gene Roses

8. Empire Wilton, MichaeVTate, PA498410 SCREEN GEMS I Geoff

9. Fool For Your Moody, Mick/Marsden, PA0000451052 EMILONGITUDE I Loving Bernie/Coverdale, David

10. Happy Birthday Sedaka, Neil/Greenfield, EU 691-815; SCREEN GEMS Sweet Sixteen Howard 10/1711961

RE426-997; 2/10/1989

11. Here Comes The Remi, Salaam/Kamoze, PA0000892751 EMILONGITUDE Hotstepper (Dirty Ini/Kenner, Version) Christopher/Nix, Kenton

12. How Can I Be Sure Brigati, Edward EP 255 773 EMIJEMAXAL J/Cavaliere, Felix

i 13. I Can't Stay Mad Goffin, Gerry/King, EU 780854 SCREEN GEMS At You Carole

114. I Like It, I Love It Dukes, Steve/ Anderson, PA 643-837 EMIFULLKEEL Jeb Stuart/Hall, Markus

15. If I Only Had A Harburg, E. Y. EU 171652, dated EMIFEIST Brain A Heart "Yip"/ Arlen, Harold 7/18/1938;

1 And The Nerve R 364975, dated 7/19/1965 EP 74977, dated 2/8/1939 R 3 79227, dated 2/811966 EP 79154, dated 1n11939 R 390359, dated 8/311966

16. I'm Into Something Goffin, Gerry/King, EU 818747 SCREEN GEMS Good Carole

17. I'm Your Boogie Casey, Harry EU725 440 EMILONGITUDE Man Wayne/Finch, Richard

Raymond 18. Indian Lake Romeo, Tony EU 48352 SCREEN GEMS

I 19. Infatuation Stewart, Rod/Hitchings, PA 900 736 EMIFULLKEEL Duane S/Robinson, Roland

20. It's Raining Men Jabara, Paul/Shaffer, Paul PA 155624, EMISOSAHA 11116/1982

21. Joey Napolitano, Johnette Lin PA495 150 EMILONGITUDE 22. Keep It Comin' Casey, Harry EU 725 446 EMILONGITUDE

Love Wayne/Finch, Richard Raymond

23. I Keep Your Hands Goffin, Gerry/King, EU 732-343 SCREEN GEMS OffMyBaby Carole

24. Leroy The Pippin, Stevan UDiffie, P A0000643855 EMILONGITUDE

Redneck Reindeer Joe/Slate, Stacey P A0000643929 PA0000767757

25. Let Me Be The Martinee, Lewis A P A0000330210 SCREEN GEMS I One

26. Mandy Kerr, Richard/English, EP 295330- SCREEN GEMS Scott 10/24/1971

RE 813-704-12/29/1999 EP 380031-1114/1977 RE 911-453-113/2005

27. Next Door To An Sedaka, Neil/Greenfield, EU 736356 SCREEN GEMS Angel Howard

28. OhCarol Sedaka, Neil/Greenfield, EP 138374 SCREEN GEMS Howard

29. One Fine Day Goffin, Gerry/King, EU 766114, SCREEN GEMS Carole 0411211963;

RE528808, 03/1411991

EP 177215, 06119/1963; RE 567555, 12/3111991 RE544157, 04/08/1991

30. ! Pleasant Valley Goffin, Gerry/King, EU 4-825; SCREEN GEMS Sunday Carole 711111967

RE 789-422; 11/9/1998 EP236-549; 9/411967 RE 715-826;

I 311111996 31. Pour Me Another Stevens, Even/Rabbitt, P A0000028870 SCREEN GEMS

Tequila Eddie/Malloy, David 32. Prop Me Up Blaylock, Rick/Perdew, PA 613 096 EMILONGITUDE I

Beside The Howard/Phillips, Kerry Jukebox (If I Die) Kurt

33. Pump It Roubanis, PA0001162173 EM! GROVE Nicholao;;/Ferguson, PARK MUSIC Stacy/ Adams, Will Pineda, Allan/Van Musser, Thomas

34. Santa Claus Is Coots, J. Fred/Gillespie, EU 93634, EM! FEIST

Comin' To Town Haven 09/27/1934; R 282480, 09/27/1961 EP 44456, 10/25/1934;

! R 283907, 10/25/1961

35. . She's Got It All Womack, PA 886-673 EMIFULLKEEL Drew/Wiseman, Craig

36. Southern Nights Toussaint, Allen EU 535596/RE SCREEN GEMS 853-762/EP 253218/RE 911-262

37. The Loco-Motion King, Carole/Goffin, EU 721814: SCREEN GEMS Gerry 5/23/1962

RE 491-586: 7/2711990 EP 166455: 7/2711962 RE 491-487: 7/27/1990

38. The Sky Is Crying James, Elmore EU 643766 EMILONGITUDE I 39. Tonight I Celebrate Goffin, Gerry/Masser, PA 184-186 SCREEN GEMS

My Love Michael i 40. Up On The Roof Goffin, Gerry/King, EP 279751 SCREEN GEMS

Carole 41. Valleri Hart, Bobby/Boyce, EU995281 SCREEN GEMS

Tommy 42. Walking In The Mann, Barry/Weil, EU 848303/EP SCREEN GEMS

Rain Cynthia/Spector, Phil 312348/RE 876-972/RE 903-939/RE 321-405/EU827265

43. Wannabe Halliwell, Geri/Bunton, PA 883313, EMIFULLKEEL Emma Lee/Brown, 04/16/1997 Melanie J anine Chisholm, Melanie Jayne/Beckham, Victoria Caroline

44. Will You Love Me Goffin, Gerry/King, EU 653713, SCREEN GEMS Tomorrow Carole 01/06/1961;

RE429038, 02/10/1989 EP 152940, 05/15/1961; RE456965,

12/2611989 45. You've Lost That Mann, Barry/Weil, EU 854820; SCREEN GEMS

Lovin' Feelin' Cynthia/Spector, Phil 11/2311964 RE 570564; 1/611992 EP 198070; 1127/1965 RE 610504; 11411993