Tilmon-Jones v. Bridgeport Music Complaint

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

JANYCE TILMON-JONES, individually and in her capacity as personal representative of the Estate of Abrim Tilmon, Jr.; CATHERINE M. CARTWRIGHT, an individual resident of the state of Michigan; STEVEN M. TILMON, an individual resident of the state of Indiana; GLOBAL ROYALTY NETWORK & PUBLISHING, a Gibraltar Corporation, Plaintiffs, v. BRIDGEPORT MUSIC, INC., a Michigan corporation; SOUTHFIELD MUSIC, INC., a Michigan corporation; WESTBOUND RECORDS, INC., a Michigan corporation; NINE RECORDS, INC., a Michigan corporation; SYNC2PICTURE, LLC; a Michigan limited liability company; and ARMEN BOLADIAN, an individual resident of the state of Michigan, Defendants.

Civil Action No. Honorable Magistrate Demand For Jury Trial

COMPLAINT

Plaintiffs Janyce Tilmon-Jones, Catherine M. Cartwright, Steven M. Tilmon, and Global

Royalty Network & Publishing, by and through their attorneys, Dobrusin & Thennisch PC and

Gregory J. Reed & Associates PC, hereby complain against Defendants Bridgeport Music, Inc.,

2:11-cv-13002-BAF-MKM Doc # 1 Filed 07/13/11 Pg 1 of 70 Pg ID 1

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Southfield Music, Inc., Westbound Records, Inc., Nine Records, Inc., and Armen Boladian,

jointly and severally, as follows:

NATURE OF THE ACTION

1. Plaintiffs bring this lawsuit to seek redress and put an end to Defendants’ years-

long and continuing pattern of unprecedented wrongful conduct, intended to enrich themselves

by, among other things, unlawfully, falsely, and fraudulently claiming ownership of the renewal

term copyrights in certain musical works authored, at least in part, by legendary songwriter,

recording artist, and producer Abrim Tilmon, Jr. (“Abrim Tilmon”). This action, among other

things, seeks a declaration of ownership of the quintessential musical works authored by Abrim

Tilmon and recovery of the substantial damages that Plaintiffs have suffered at Defendants’

hands.

2. From the late 1960s until his untimely death on July 6, 1982, Abrim Tilmon led a

distinguished musical career as a songwriter, recording artist, and producer, perhaps most-widely

known and revered for his work with a musical group, more commonly known as the “Detroit

Emeralds.” In the ensuing years, Abrim Tilmon’s legacy has been preserved through the musical

works that he contributed his creative talents to. Plaintiffs are successors-in-interest to all of the

intellectual property and contract rights of Abrim Tilmon, including rights stemming from

various Abrim Tilmon musical works that were originally copyrighted and/or published prior to

January 1, 1978, during the most prolific period of Abrim Tilmon’s short career.

3. Defendants have unlawfully, falsely, and fraudulently laid claim to ownership of

Abrim Tilmon musical works that were originally copyrighted and/or published prior to January

1, 1978. As more fully detailed herein, under the U.S. Copyright Act, ownership of the renewal

term copyrights in these musical works automatically vested in the Estate of Abrim Tilmon after


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the initial 28-year-term of copyright expired. Thus, Defendants have wrongfully claimed

unilateral ownership of, and continue to exploit as the purported copyright owner, each pre-1978

Abrim Tilmon musical work, even though copyrights in these musical works have reverted, as a

matter of law, to the Estate of Abrim Tilmon. Accordingly, Plaintiffs are entitled to a

declaratory judgment that they, not Defendants, are the owners of the renewal term copyrights in

these musical works, as well as an order compelling Defendants to reconvey Plaintiffs these

copyrights, to disgorge all profits wrongfully collected as purported copyright owner during the

renewal term, and to immediately cease and desist their exploitation of these musical works as

the purported copyright owner.

4. Further, as set forth above and as more fully detailed herein, under the U.S.

Copyright Act, ownership of the renewal term copyrights in each musical work complained of

herein automatically vested in the Estate of Abrim Tilmon. Defendants continued exploitation of

these musical works as the purported copyright owner during the renewal term has interfered

with Plaintiffs’ exclusive rights in and to such musical works under the U.S. Copyright Act.

5. Still further, in an added attempt to enrich itself at Plaintiffs’ expense, Defendants

have obtained certain U.S. Copyright Registrations pertaining to Abrim Tilmon musical works as

a result of both willful misstatements made to the U.S. Copyright Office by Defendants, or their

agents, as well as the intentional failure to provide the Copyright Office with material facts that,

had they been known, would have precluded the issuance of such U.S. Copyright Registrations.

Thus, Plaintiffs are entitled to a declaratory judgment that such U.S. Copyright Registrations are

invalid.

6. While Plaintiffs and their counsel have expended an extraordinary amount of

resources to identify and substantiate each and every musical work authored, at least in part, by


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Abrim Tilmon with U.S. Copyright Office Records, this complaint pertains to each and every

musical work known to Plaintiffs that Defendants have unlawfully, falsely, and fraudulently

claimed an ownership in. A complete listing of the musical works known to Plaintiffs to which

this action pertains is attached hereto as Exhibit 1 and will be collectively referred to herein as

the “ABRIM TILMON CATALOG.”

THE PARTIES

7. Plaintiff Janyce Tilmon-Jones (“Mrs. Tilmon”) is an individual resident of the

state of Michigan who resides within this judicial district. Mrs. Tilmon is the widow and lawful

heir of Abrim Tilmon.

8. Plaintiff Catherine M. Cartwright (“Mrs. Cartwright”) is an individual resident of

the state of Michigan who resides within this judicial district. Mrs. Cartwright is the daughter

and lawful heir of Abrim Tilmon.

9. Plaintiff Steven M. Tilmon (“Mr. Tilmon”) is an individual resident of the state of

Indiana. Mr. Tilmon is the son and lawful heir of Abrim Tilmon.

10. Plaintiff Global Royalty Network & Publishing, Ltd (“Global Royalty”) is a

company organized under the laws of Gibraltar having an address at Suite 4, 10th Floor (Box

516), 2a Main Street in Gibraltar, Gibraltar. Global Royalty engages in, among other things, the

business of music publishing and otherwise commercially exploiting musical work and sound

recording copyrights, including certain copyrights in and to musical works authored by Abrim

Tilmon.

11. Upon information and belief, Defendant Bridgeport Music, Inc. (“Bridgeport

Music”) is a corporation incorporated under the laws of the state of Michigan having an address

at 18500 W. Ten Mile Road in Southfield, Michigan 48075. Upon information and belief,


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Bridgeport Music engages in, among other things, the business of music publishing and

otherwise commercially exploiting musical work copyrights.

12. Upon information and belief, Defendant Southfield Music, Inc. (“Southfield

Music”) is a corporation incorporated under the laws of the state of Michigan having an address

at 18500 W. Ten Mile Road in Southfield, Michigan 48075. Upon information and belief,

Southfield Music engages in, among other things, the business of music publishing and

otherwise commercially exploiting musical work copyrights.

13. Upon information and belief, Defendant Westbound Records, Inc. (“Westbound

Records”) is a corporation incorporated under the laws of the state of Michigan having an

address at 18500 W. Ten Mile Road in Southfield, Michigan 48075. Upon information and

belief, Westbound Records engages in, among other things, the business of recording,

distributing, and otherwise commercially exploiting sound recordings.

14. Upon information and belief Defendant Nine Records, Inc. (“Nine Records”) is a

corporation incorporated under the laws of the state of Michigan having an address at 18500 W.

Ten Mile Road in Southfield, Michigan 48075. Upon information and belief, Nine Records

engages in, among other things, the business of recording, distributing, and otherwise

commercially exploiting sound recordings.

15. Upon information and belief, Defendant Sync2Picture, LLC (“Sync2Picture”) is a

limited liability company organized under the laws of the state of Michigan having an address at

1525 E. Nine Mile Road in Ferndale, Michigan 48220. Upon information and belief,

Sync2Picture engages in, among other things, the business of recording, distributing, and

otherwise commercially exploiting sound recordings.


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16. Upon information and belief, Defendant Armen Boladian (“Mr. Boladian”) is the

president and resident agent of Bridgeport Music, Southfield Music, Westbound Records, and

Nine Records as well as an individual resident of the state of Michigan who resides within this

judicial district.

JURISDICTION AND VENUE

17. This Court has jurisdiction over this case under the Declaratory Judgment Act, 28

U.S.C. § 2201 et seq., the U.S. Copyright Act, 17 U.S.C. § 101 et seq. as well as 28 U.S.C. §

1331, 28 U.S.C. § 1338(a) and (b), and the doctrine of supplemental jurisdiction, 28 U.S.C. §

1367.

18. Venue is proper in this case under 28 U.S.C. § 1391(b) and (c) as well as 28

U.S.C. § 1400(a).

19. This Court has personal jurisdiction over Defendants, in that the acts of

infringement complained of herein have occurred in this judicial district. Further, Defendants

are incorporated under the laws of the state of Michigan, regularly conduct business in this

judicial district, have a principal place of business in this judicial district, and have caused injury

to Plaintiff’s property which lies in this judicial district.

FACTUAL BACKGROUND

20. On July 6, 1982, Abrim Tilmon passed away at his home in Southfield, Michigan

at the age of thirty-seven, leaving lawful heirs consisting of Mrs. Tilmon and their two children,

Mrs. Cartwright and Mr. Tilmon, who are all heirs of the Estate of Abrim Tilmon and are

collectively referred to herein as the same. A copy of Abrim Tilmon’s State of Michigan

Certificate of Death is attached hereto as Exhibit 2.


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21. Prior to his passing, as mentioned above, Abrim Tilmon was a prolific songwriter,

recording artist, and producer, commonly associated with the musical genres of funk and soul.

More particularly, Abrim Tilmon is perhaps most famously known for his work as a founding

member and lead singer for the musical group, more commonly known as the “Detroit

Emeralds.” Additionally, and significantly, Abrim Tilmon wrote, at least in part, the majority of

songs of which the “Detroit Emeralds” performed. Among other recording companies, labels,

and publishers in the relevant music industry, Abrim Tilmon was an active songwriter, recording

artist, and producer for at least Defendant Bridgeport Music, Defendant Southfield Music, and

Defendant Westbound Records, all three of which were and, to-date, are owned by Defendant

Armen Boladian.

22. More particularly, Abrim Tilmon, as a songwriter, and Defendant Bridgeport

Music and Defendant Southfield Music, as publishers, entered into various “Songwriter’s

Agreements” relating to numerous musical works composed, at least in part, by Abrim Tilmon.

A representative sample of the aforementioned “Songwriter’s Agreements” are attached hereto

as Exhibit 3. In accordance with such “Songwriter’s Agreements,” Defendant Bridgeport Music

and Defendant Southfield Music registered certain musical works authored, at least in part, by

Abrim Tilmon with the U.S. Copyright Office.

23. Thereafter, on March 31, 1976, Abrim Tilmon entered into a separate agreement

with Bridgeport Music wherein Abrim Tilmon, as the songwriter of numerous musical works

that are enumerated in the schedule to the Agreement, assigned his interest in and to such

compositions to Bridgeport Music for the sum of $4,000.00. A copy of the March 31, 1976

Agreement is shown hereto as Exhibit 4.


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24. On December 17, 1980, Abrim Tilmon entered into an additional agreement with

Bridgeport Music wherein Abrim Tilmon, as the songwriter of numerous musical works that are

enumerated in the schedule to the Agreement, assigned his interest in and to such compositions

to Bridgeport Music for the sum of $1,500.00. A copy of the December 17, 1980 Agreement is

shown hereto as Exhibit 5.

25. Thereafter, on July 6, 1982, Abrim Tilmon passed away at the age of 37 in

Southfield, Michigan. Defendant Mr. Boladian personally attended the funeral service for

Abrim Tilmon that was held on July 14, 1982. In short, there is no doubt that Defendants had

actual knowledge of Abrim Tilmon’s passing.

26. As set forth previously, Plaintiffs bring this lawsuit seeking a declaration of

ownership of the quintessential musical works authored by Abrim Tilmon and the recovery of

the substantial damages that Plaintiffs have suffered at Defendants hands.

27. Each of the musical works complained of herein were first registered with U.S.

Copyright Office by Bridgeport Music or Southfield Music prior to January 1, 1978 under the

then-existing provisions of the Copyright Act of 1909 (“1909 Act”).

28. The 1909 Act has been superseded and amended by the Copyright Act of 1976

(“Copyright Act”), which provides that the copyright to any work copyrighted prior to January 1,

1978, endures until December 31 of the twenty-eighth year from the date that the copyright was

originally secured.

29. Once the twenty-eight year copyright period has expired, the copyright will be

renewed for a term of sixty-seven years either by registration or, in the absence of registration,

automatically.


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30. If the author is deceased at the time of renewal but is survived by a spouse and/or

children, the renewal copyright automatically vests in the surviving spouse and/or children.

31. Each of the musical works complained of herein entered their renewal term well

subsequent to Abrim Tilmon’s passing on July 6, 1982.

32. Therefore, each of the musical works complained of herein automatically vested

in the Estate of Abrim Tilmon as of the commencement of the renewal period of such musical

works.

33. Notwithstanding, Defendants’ unlawfully, falsely, and fraudulently claimed and

continue to claim ownership to the renewal term of the musical works complained of herein by,

among other things, renewing each of the musical works complained of herein with the U.S.

Copyright Office. Defendants’ fraudulent and unlawful conduct can only be exemplified by

listing each musical work individually in this complaint.

34. Upon information and belief, Defendants have no right, by contract, or otherwise,

to the renewed copyrights, or revenues derived from the exploitation of the renewed copyrights,

pertaining to the musical works complained of herein.

35. Upon information and belief, Defendants, as a result of their unlawful and

fraudulent conduct, have obtained certain monetary and non-monetary benefits, from their

unlawful exploitation of the musical works complained of herein.

36. Upon information and belief, Defendants, as a result of their unlawful and

fraudulent conduct, have asserted rights in and to the musical works complained of herein

against third parties. Upon information and belief, Defendants have derived certain monetary

and non-monetary benefits from the assertion of such rights against various third parties

including, but not limited to, pre-litigation and litigation settlements as well as court-ordered


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judgments. Indeed, on May 4, 2001, it is these very same Defendants that launched nearly 500

counts of copyright infringement against more than 800 artists and labels in the landmark lawsuit

brought in the United States District Court for the Middle District of Tennessee. Unbeknownst

to the Defendants and the Court there, Defendants brought the lawsuit with many works,

including at least two (2) of Abrim Tilmon, that had reverted, as a matter of law, to the author’s

statutory heirs.

37. The Plaintiffs have acted, throughout all relevant time periods, in good faith and

without deceptive intent to investigate and address this matter and only became aware of this

infringing, unlawful, and fraudulent activity by the Defendants on October 14, 2009 based upon

a physical and in-person search of copyright filings literally in the basement of the U.S.

Copyright Office located on Independence Avenue in Washington, DC.

THE MUSICAL WORKS

38. While Plaintiff and her counsel have expended an extraordinary amount of

resources to identify and substantiate each and every musical work authored at least in part by

Abrim Tilmon with U.S. Copyright Office Records, this complaint pertains to each and every

musical work that Defendants have unlawfully, falsely, and fraudulently claimed an ownership

in. A complete listing of the musical works to which this action pertains is attached hereto as

Exhibit 1 and will be collectively referred to herein as the “ABRIM TILMON CATALOG.”

With this said, below is a listing of musical works that Plaintiff and her counsel have been able

to identify and substantiate utilizing U.S. Copyright Office records.

ADMIT YOUR LOVE IS GONE

39. The ADMIT YOUR LOVE IS GONE musical work was authored by Abrim

Tilmon, Sam Beatty, and Tom Graczyk and first published in 1971.


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40. On July 1, 1971, Bridgeport Music, as the copyright claimant, or its agents, filed a

copyright application for the ADMIT YOUR LOVE IS GONE musical work with the U.S.

Copyright Office. This copyright application was granted and issued as EU 268849 at Exhibit 6

hereto.

41. Upon Abrim Tilmon’s death, all rights to the renewal term corresponding to

Abrim Tilmon’s authorship of the ADMIT YOUR LOVE IS GONE musical work automatically

vested in the Estate of Abrim Tilmon.

42. Notwithstanding, on January 1, 1999, Bridgeport Music, or its agents, unilaterally,

and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal

application in the name of Abrim Tilmon for the ADMIT YOUR LOVE IS GONE musical work

with the U.S. Copyright Office. This renewal application was granted on January 4, 1999, and

issued as RE 814-542 at Exhibit 7 hereto.

43. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright

Office that it was the “duly authorized agent” of Abrim Tilmon and that Abrim Tilmon

maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though

Mr. Tilmon had been deceased since July 6, 1982, and has been continuously interred in the state

of Michigan since shortly after his death.

BABY LET ME TAKE YOU (IN MY ARMS)

44. The BABY LET ME TAKE YOU (IN MY ARMS) musical work was authored

by Abrim Tilmon and first published in 1972.

45. On March 20, 1972, Bridgeport Music, as the copyright claimant, or its agents,

filed a copyright application for the BABY LET ME TAKE YOU (IN MY ARMS) musical work


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with the U.S. Copyright Office. This copyright application was granted and issued as EU

322969 at Exhibit 8 hereto.


Abrim Tilmon’s authorship of the BABY LET ME TAKE YOU (IN MY ARMS) musical work

automatically vested in the Estate of Abrim Tilmon.

47. Notwithstanding, on February 13, 2004, Bridgeport Music, or its agents,

unilaterally, and without any permission, license or consent from the Estate of Abrim Tilmon

filed a renewal application in the name of Mrs. Tilmon for the BABY LET ME TAKE YOU (IN

MY ARMS) musical work with the U.S. Copyright Office. This renewal application was

granted on February 18, 2004 and issued as RE 898-053 at Exhibit 9 hereto.

48. Most notably, Bridgeport Music represented to the U.S. Copyright Office that it

was the “duly authorized agent” of Mrs. Tilmon and that Mrs. Tilmon maintained an address at

29 Church Street, Suite 3, Burlington, VT 05401 even though no such agency relationship ever

existed and Mrs. Tilmon has never resided or otherwise maintained a residential address at any

location in the state of Vermont.

49. Further, on March 6, 1998, Bridgeport Music, or its agents, filed an additional and

separate copyright application for the BABY LET ME TAKE YOU (IN MY ARMS) musical

work with the U.S. Copyright Office that dubiously claims to be a new version and arrangement.

The application lists Abrim Tilmon as the author of the words and music and Bridgeport Music

as the author of the arrangement. Further, the application recites January 1, 1978 as the date of

first publication. This application was granted on March 11, 1998 and issued as PA 1-322-687 at

Exhibit 10 hereto.


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50. Upon information and belief, Bridgeport Music, or its agents, calculatedly

provided a false date of first publication to the U.S. Copyright Office for the musical work

embodied in the PA 1-322-687 registration at Exhibit 10.

51. Upon information and belief, Bridgeport Music, or its agents, calculatedly elected

to leave section 2a of the PA 1-322-687 registration at Exhibit 10 blank, which explicitly

requests Abrim Tilmon’s year of death.

52. Still further, on June 29, 1999, Bridgeport Music, or its agents, filed yet another

additional and separate copyright application for the BABY LET ME TAKE YOU (IN MY

ARMS) musical work with the U.S. Copyright Office. The application lists Abrim Tilmon as the

author of the words, music, and arrangement and recites January 1, 1978 as the date of first

publication. The application was granted on June 30, 1999 and issued as PA 1-031-216 at

Exhibit 11 hereto.







DO ME RIGHT

55. The DO ME RIGHT musical work was authored by Abrim Tilmon and James

Mitchell and first published in 1971.


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56. On May 28, 1971, Bridgeport Music, as the copyright claimant, or its agents, filed

a copyright application for the DO ME RIGHT musical work with the U.S. Copyright Office.

This copyright application was granted and issued as EU255827 at Exhibit 12 hereto.


Abrim Tilmon’s authorship of the DO ME RIGHT musical work automatically vested in the

Estate of Abrim Tilmon.



application in the name of Abrim Tilmon for the DO ME RIGHT musical work with the U.S.

Copyright Office. This renewal application was granted on January 4, 1999 and issued as RE

814-514 at Exhibit 13 hereto.




Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state



separate copyright application for the DO ME RIGHT musical work with the U.S. Copyright

Office that dubiously claims to be a new version and arrangement. The application lists Abrim

Tilmon and James Mitchell as the author of the words and music and Bridgeport Music as the

author of the arrangement. Further, the application recites January 1, 1978 as the date of first

publication. The application was granted on March 11, 1998 and issued as PA 1-322-670 at

Exhibit 14 hereto.


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FEEL THE NEED a/k/a FEEL THE NEED IN ME

63. The FEEL THE NEED a/k/a FEEL THE NEED IN ME (“FEEL THE NEED”)

musical work was authored by Abrim Tilmon and first published in 1972.

64. On January 28, 1972, Bridgeport Music, as the copyright claimant, or its agents,

filed a copyright application for the FEEL THE NEED musical work with the U.S. Copyright

Office. This copyright application was granted and issued as EU306693 at Exhibit 15 hereto.


Abrim Tilmon’s authorship of the FEEL THE NEED musical work automatically vested in the




filed a renewal application in the name of Abrim Tilmon for the FEEL THE NEED musical work

with the U.S. Copyright Office. This renewal application was granted on February 18, 2004 and



Office that it was the “duly authorized agent” of Mrs. Tilmon and that Mrs. Tilmon maintained

an address at 29 Church Street, Suite 3, Burlington, VT 05401 even though no such agency


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relationship ever existed and Mrs. Tilmon has never resided or otherwise maintained a residential

address at any location in the state of Vermont.


separate copyright application for the FEEL THE NEED musical work with the U.S. Copyright


Tilmon as the author of the words and music and Bridgeport Music as the author of the

arrangement. Further, the application recites January 1, 1978 as the date of first publication.

The application was granted on March 11, 1998 and issued as PA 1-322-689 at Exhibit 17

hereto.







71. Still further, on June 28, 1999, Bridgeport Music, or its agents, filed yet another

additional and separate copyright application for the FEEL THE NEED musical work with the

U.S. Copyright Office. The application lists Abrim Tilmon as the author of the words, music,

and arrangement and recites January 1, 1978 as the date of first publication. The application

was granted on June 29, 1999 and issued as PA 964-956 at Exhibit 18 hereto.



embodied in the PA 964-956 registration at Exhibit 18.


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to leave section 2a of the PA 964-956 registration at Exhibit 18 blank, which explicitly requests

Abrim Tilmon’s year of death.

74. On September 14, 2006 Mrs. Tilmon instituted an action against Bridgeport

Music and Mr. Boladian in the United States District Court, for the Eastern District of Michigan

that came to be styled as Tilmon-Jones v. Boladian et al., Civil Action No. 5:06-cv-14048

(“District Court Action”) based upon certain legal and royalty issues involving two (2) discrete

musical works, including FEEL THE NEED.

75. On September 6, 2007, the District Court there entered a Consent Order of

Settlement wherein it was ordered and adjudged that the Estate of Abrim Tilmon shall receive

100% of the copyright of the musical composition FEEL THE NEED as embodied in RE 896-

046 at Exhibit 16 hereto. A copy of the Consent Order of Settlement that resolved the District

Court Action is attached hereto as Exhibit 19.

76. Upon information and belief, Bridgeport Music and Mr. Boladian failed to

disclose the PA 1-322-689 registration at Exhibit 17 and the PA 964-956 registration at Exhibit

18 in the District Court Action. Plaintiffs’ undersigned counsel has attempted on numerous

occasions to have Defendants’ assign the PA registrations at Exhibit 17 and Exhibit 18 for FEEL

THE NEED without judicial intervention. Defendants have refused to do so each time.

77. Moreover, despite the Consent Order of Settlement, have continued to

commercially exploit the FEEL THE NEED musical work. Indeed, as shown hereto at Exhibit

20, Defendants have released, sold, and continue to offer for sale a compilation compact disc

entitled The Original Eight Mile – Westbound Records: 40th Anniversary, which explicitly lists


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FEEL THE NEED as track five. Upon information and belief, Defendants have commercially

exploited FEEL THE NEED in other manners besides in the above-described compact disc.

GIRL YOU THRILL ME

78. The GIRL YOU THRILL ME musical work was authored by Abrim Tilmon and

first published in 1974.


Abrim Tilmon’s authorship of the GIRL YOU THRILL ME musical work automatically vested

in the Estate of Abrim Tilmon.

80. Notwithstanding, on October 15, 1992, Bridgeport Music, or its agents, filed a

copyright application for the GIRL YOU THRILL ME musical work with the U.S. Copyright

Office. The application lists Abrim Tilmon as the author of the words, music, and arrangement

and J. Allen as an additional author of the arrangement. Further, the application recites January

1, 1978 as the date of first publication. This application was granted on November 17, 1992 and

issued as PA 592-594 at Exhibit 21 hereto







HEAVEN COULDN’T BE LIKE THIS

83. The HEAVEN COULDN’T BE LIKE THIS musical work was authored by

Abrim Tilmon and first published in 1973.


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84. On September 27, 1973, Bridgeport Music, as the copyright claimant, or its

agents, filed a copyright application for the HEAVEN COULDN’T BE LIKE THIS musical

work with the U.S. Copyright Office. This copyright application was granted and issued as EU



Abrim Tilmon’s authorship of the HEAVEN COULDN’T BE LIKE THIS musical work


86. Notwithstanding, on January 1, 2001, Defendant Bridgeport Music, or its agents,


filed a renewal application in the name of Abrim Tilmon for the HEAVEN COULDN’T BE

LIKE THIS musical work with the U.S. Copyright Office. This renewal application was granted

on January 2, 2001 and issued as RE 836-629 at Exhibit 23 hereto.







separate copyright application for the HEAVEN COULDN’T BE LIKE THIS musical work with

the U.S. Copyright Office that dubiously claims to be a new version, new arrangement. The

application lists Abrim Tilmon as the author of the words and music and Bridgeport Music as the



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publication. This application was granted on March 11, 1998 and issued as PA 1-322-675 at

Exhibit 24 hereto.







I BET YOU GET THE ONE (WHO LOVES YOU)

91. The I BET YOU GET THE ONE (WHO LOVES YOU) musical work was

authored by Abrim Tilmon and James Mitchell and first published in 1972.

92. On November 23, 1970, Bridgeport Music, as the copyright claimant, or its

agents, filed a copyright application for the I BET YOU GET THE ONE (WHO LOVES YOU)

musical work with the U.S. Copyright Office. This copyright application was granted and issued

as EU 219737 at Exhibit 25 hereto.


Abrim Tilmon’s authorship of the I BET YOU GET THE ONE (WHO LOVES YOU) musical

work automatically vested in the Estate of Abrim Tilmon.

94. Notwithstanding, on February 13, 2004 Bridgeport Music, or its agents,


filed a renewal application in the name of Mrs. Tilmon for the I BET YOU GET THE ONE

(WHO LOVES YOU) musical work with the U.S. Copyright Office. This renewal application

was granted on February 18, 2004 and issued as RE 898-042 at Exhibit 26 hereto.


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separate copyright application for the I BET YOU GET THE ONE (WHO LOVES YOU)

musical work with the U.S. Copyright Office that dubiously claims to be a new version and

arrangement. The application lists Abrim Tilmon and James Mitchell as the author of the words

and music and Bridgeport Music as the author of the arrangement. Further, the application

recites January 1, 1978 as the date of first publication. This application was granted on March

11, 1998 and issued as PA 1-322-686 at Exhibit 27 hereto.







I GAVE YOU TOO MUCH LOVE

99. The I GAVE YOU TOO MUCH LOVE musical work was authored by Abrim

Tilmon and first published in 1973.


agents, filed a copyright application for the I GAVE YOU TOO MUCH LOVE musical work


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Abrim Tilmon’s authorship of the I GAVE YOU TOO MUCH LOVE musical work




application in the name of Abrim Tilmon for the I GAVE YOU TOO MUCH LOVE musical

work with the U.S. Copyright Office. This renewal application was granted on January 2, 2001

and issued as RE 836-628 at Exhibit 29 hereto.


was the “duly authorized agent” of Abrim Tilmon and that Abrim Tilmon maintained an address

at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though Mr. Tilmon had been

deceased since July 6, 1982 and has been continuously interred in the state of Michigan since

shortly after his death.

I LOVE TO DREAM

104. The I LOVE TO DREAM musical work was authored by Abrim Tilmon and first

published in 1974.


Abrim Tilmon’s authorship of the I LOVE TO DREAM musical work automatically vested in

the Estate of Abrim Tilmon.

106. Notwithstanding, on October 16, 1992, Bridgeport Music, or its agents, filed a

copyright application for the I LOVE TO DREAM musical work with the U.S. Copyright Office.


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The application lists Abrim Tilmon as the author of the words, music, and arrangement and J.

Allen as an additional author of the arrangement. Further, the application recites January 1, 1978

as the date of first publication. This application was granted on November 17, 1992 and issued

as PA 592-593 at Exhibit 30 hereto







I THINK OF YOU

109. The I THINK OF YOU musical work was authored by Abrim Tilmon and first

published in 1973.

110. On October 3, 1973, Bridgeport Music, as the copyright claimant, or its agents,

filed a copyright application for the I THINK OF YOU musical work with the U.S. Copyright

Office. This copyright application was granted and issued as EU 437667 at Exhibit 31 hereto.


Abrim Tilmon’s authorship of the I THINK OF YOU musical work automatically vested in the




application in the name of Abrim Tilmon for the I THINK OF YOU musical work with the U.S.


24









separate copyright application for the I THINK OF YOU musical work with the U.S. Copyright




This application was granted on March 11, 1998 and issued as PA 1-322-674 at Exhibit 33

hereto.







I’LL NEVER SAIL THE SEA AGAIN

117. The I’LL NEVER SAIL THE SEA AGAIN musical work was authored by Abrim

Tilmon and first published in 1972.


25

118. On March 20, 1972, Bridgeport Music, as the copyright claimant, or its agents

filed a copyright application for the I’LL NEVER SAIL THE SEA AGAIN musical work with

the U.S. Copyright Office. This copyright application was granted and issued as EU 322968 at

Exhibit 34 hereto.


Abrim Tilmon’s authorship of the I’LL NEVER SAIL THE SEA AGAIN musical work




filed a renewal application in the name of Mrs. Tilmon for the I’LL NEVER SAIL THE SEA

AGAIN musical work with the U.S. Copyright Office. This renewal application was granted on

February 18, 2004 and issued as RE 898-052 at Exhibit 35 hereto.







separate copyright application for the I’LL NEVER SAIL THE SEA AGAIN musical work with

the U.S. Copyright Office that dubiously claims to be a new version and arrangement. The




26


Exhibit 36 hereto.







I’M IN LOVE WITH YOU

125. The I’M IN LOVE WITH YOU musical work was authored by Abrim Tilmon

and first published in 1973.


filed a copyright application for the I’M IN LOVE WITH YOU musical work with the U.S.


hereto.


Abrim Tilmon’s authorship of the I’M IN LOVE WITH YOU musical work automatically




application in the name of Abrim Tilmon for the I’M IN LOVE WITH YOU musical work with

the U.S. Copyright Office. This renewal application was granted on January 2, 2001 and issued

as RE 836-638 at Exhibit 38 hereto.


27






I’M QUALIFIED

130. The I’M QUALIFIED musical work was authored by Abrim Tilmon and first

published in 1974.


agents, filed a copyright application for the I’M QUALIFIED musical work with the U.S.


hereto.


Abrim Tilmon’s authorship of the I’M QUALIFIED musical work automatically vested in the




filed a renewal application in the name of Mrs. Tilmon for the I’M QUALIFIED musical work







28




separate copyright application for the I’M QUALIFIED musical work with the U.S. Copyright




This application was granted on March 11, 1998 and issued as PA 1-322-684 at Exhibit 41

hereto.







I’M WISHING

138. The I’M WISHING musical work was authored by Abrim Tilmon and first

published in 1972.

139. On January 28, 1972, Bridgeport Music, as the copyright claimant, or its agents,

filed a copyright application for the I’M WISHING musical work with the U.S. Copyright



29


Abrim Tilmon’s authorship of the I’M WISHING musical work automatically vested in the




filed a renewal application in the name of Mrs. Tilmon for the I’M WISHING musical work with

the U.S. Copyright Office. This renewal application was granted on February 18, 2004 and







I’VE GOT TO MOVE

143. The I’VE GOT TO MOVE musical work was authored by Abrim Tilmon and first

published in 1972.


filed a copyright application for the I’VE GOT TO MOVE musical work with the U.S.


hereto.


Abrim Tilmon’s authorship of the I’VE GOT TO MOVE musical work automatically vested in



30



application in the name of Abrim Tilmon for the I’VE GOT TO MOVE musical work with the

U.S. Copyright Office. This renewal application was granted on January 4, 1999 and issued as

RE 814-601 at Exhibit 45 hereto.






IF I LOSE YOUR LOVE

148. The IF I LOSE YOUR LOVE musical work was authored by Abrim Tilmon and

James Mitchell and first published in 1971.

149. On February 16, 1971, Defendant Bridgeport Music, as the copyright claimant, or

its agents, filed a copyright application for the IF I LOSE YOUR LOVE musical work with the

U.S. Copyright Office. This copyright application was granted and issued as EU 232637 at

Exhibit 46 hereto.


Abrim Tilmon’s authorship of the IF I LOSE YOUR LOVE musical work automatically vested




application in the name of Abrim Tilmon for the IF I LOSE YOUR LOVE musical work with


31



152. Most notably, Bridgeport Music, or its agents represented to the U.S. Copyright






separate copyright application for the IF I LOSE YOUR LOVE musical work with the U.S.

Copyright Office that dubiously claims to be a new version, new arrangement. The application

lists Abrim Tilmon and James Mitchell as the authors of the words and music and Bridgeport

Music as the author of the arrangement. Further, the application recites January 1, 1978 as the

date of first publication. This application was granted on March 11, 1998 and issued as PA 1-








JUST NOW AND THEN

156. The JUST NOW AND THEN musical work was authored by Abrim Tilmon and



32

157. On February 16, 1971, Bridgeport Music, as the copyright claimant, or its agents,

filed a copyright application for the JUST NOW AND THEN musical work with the U.S.


hereto.


Abrim Tilmon’s authorship of the JUST NOW AND THEN musical work automatically vested




application in the name of Abrim Tilmon for the JUST NOW AND THEN musical work with








LEE

161. The LEE musical work was authored by Abrim Tilmon, Sam Beatty, and Tom

Graczyk and first published in 1971


copyright application for the LEE musical work with the U.S. Copyright Office. This copyright

application was granted and issued as EU 268847 at Exhibit 51 hereto.


33


Abrim Tilmon’s authorship of the LEE musical work automatically vested in the Estate of Abrim

Tilmon.



application in the name of Abrim Tilmon for the LEE musical work with the U.S. Copyright

Office. This renewal application was granted on January 4, 1999 and issued as RE 814-540 at

Exhibit 52 hereto.







separate copyright application for the LEE musical work with the U.S. Copyright Office that

dubiously claims to be a new version and arrangement. The application lists Abrim Tilmon, Sam

Beatty, and Tom Graczyk as the authors of the words and music and Bridgeport Music as the



Exhibit 53 hereto.





34




LOOK WHAT’S HAPPENED TO OUR LOVE

169. The LOOK WHAT’S HAPPENED TO OUR LOVE musical work was authored

by Abrim Tilmon and first published in 1977.

170. On May 2, 1977 Bridgeport Music, as the copyright claimant, or its agents, filed a

copyright application for the LOOK WHAT’S HAPPENED TO OUR LOVE musical work with


Exhibit 54 hereto.


Abrim Tilmon’s authorship of the LOOK WHAT’S HAPPENED TO OUR LOVE musical work


172. Notwithstanding, upon information and belief, Defendants have continued to

commercially exploit the LOOK WHAT’S HAPPENED TO OUR LOVE musical work without

any permission, license or consent from the Estate of Abrim Tilmon.

LONG LIVE THE KING

173. The LONG LIVE THE KING musical work was authored by Abrim Tilmon, Sam

Beatty, and Tom Graczyk and first published in 1971.

174. On August 11, 1971, Bridgeport Music, as the copyright claimant, or its agents,

filed a copyright application for the LONG LIVE THE KING musical work with the U.S.


hereto.


35


Abrim Tilmon’s authorship of the LONG LIVE THE KING musical work automatically vested




application in the name of Abrim Tilmon for the LONG LIVE THE KING musical work with









separate copyright application for the LONG LIVE THE KING musical work with the U.S.

Copyright Office that dubiously claims to be a new version, new arrangement. The application

lists Abrim Tilmon, Sam Beatty, and Tom Graczyk as the author of the words and music and

Bridgeport Music as the author of the arrangement. Further, the application recites January 1,

1978 as the date of first publication. This application was granted on March 11, 1998 and issued

as PA 1-322-685 at Exhibit 57 hereto.





36




LOVE FOR YOU

181. The LOVE FOR YOU musical work was authored by Abrim Tilmon and first

published in 1977.


a copyright application for the LOVE FOR YOU musical work with the U.S. Copyright Office.

This copyright application was granted and issued as EU 783602 at Exhibit 58 hereto.


Abrim Tilmon’s authorship of the LOVE FOR YOU musical work automatically vested in the



commercially exploit the LOVE FOR YOU musical work without any permission, license or

consent from the Estate of Abrim Tilmon.

LOVE HAS COME TO ME

185. The LOVE HAS COME TO ME musical work was authored by Abrim Tilmon

and first published in 1977.

186. On May 2, 1977 Bridgeport Music, as the copyright claimant, or its agents, filed a

copyright application for the LOVE HAS COME TO ME musical work with the U.S. Copyright



37


Abrim Tilmon’s authorship of the LOVE HAS COME TO ME musical work automatically



commercially exploit the LOVE HAS COME TO ME musical work without any permission,

license or consent from the Estate of Abrim Tilmon.

LOVE, LOVE, LOVE

189. The LOVE, LOVE, LOVE, musical work was authored by Abrim Tilmon and



filed a copyright application for the LOVE, LOVE, LOVE musical work with the U.S. Copyright



Abrim Tilmon’s authorship of the LOVE, LOVE, LOVE musical work automatically vested in




application in the name of Abrim Tilmon for the LOVE, LOVE, LOVE musical work with the

U.S. Copyright Office. This renewal application was granted on January 2, 2001 and issued as






38



MY DREAMS HAVE GOT THE BEST OF ME

194. The MY DREAMS HAVE GOT THE BEST OF ME musical work was authored

by Abrim Tilmon and James Mitchell and first published in 1973.

195. On February 16, 1971 Bridgeport Music, as the copyright claimant, or its agents,

filed a copyright application for the MY DREAMS HAVE GOT THE BEST OF ME musical




Abrim Tilmon’s authorship of the MY DREAMS HAVE GOT THE BEST OF ME musical work




application in the name of Abrim Tilmon for the MY DREAMS HAVE GOT THE BEST OF

ME musical work with the U.S. Copyright Office. This renewal application was granted on

January 4, 1999 and issued as RE 814-497 at Exhibit 63 hereto.







39


separate copyright application for the MY DREAMS HAVE GOT THE BEST OF ME musical





Exhibit 64 hereto.







SET IT OUT

202. The SET IT OUT musical work was authored by Abrim Tilmon, B. Baine, and L.

Crane and first published in 1977.

203. On September 30, 1974 and December 18, 1974, Southfield Music, as the

copyright claimant, or its agents, filed 2 separate copyright applications for the SET IT OUT

musical work with the U.S. Copyright Office. These copyright applications were granted and

issued as EU 522495 and EU 543554, respectively, at Exhibit 65 hereto.


Abrim Tilmon’s authorship of the SET IT OUT musical work automatically vested in the Estate

of Abrim Tilmon.


40



filed 2 separate renewal applications in the name of Mrs. Tilmon for the SET IT OUT musical

work with the U.S. Copyright Office. These renewal applications were granted on February 18,

2004 and issued as RE 898-069 and RE 898-088, respectively, at Exhibit 66 hereto.







separate copyright application for the SET IT OUT musical work with the U.S. Copyright Office

that dubiously claims to be a new version and arrangement. The application lists Abrim Tilmon,

Balda Baine, and Louis Crane as the authors of the words and music and Bridgeport Music as the



Exhibit 67 hereto.








41

SEXY WAYS

210. The SEXY WAYS musical work was authored by Abrim Tilmon and was first

published in 1977.

211. On May 2, 1977 Defendant Bridgeport Music, as the copyright claimant, or its

agents, filed a copyright application for the SEXY WAYS musical work with the U.S. Copyright



Abrim Tilmon’s authorship of the SEXY WAYS musical work automatically vested in the Estate

of Abrim Tilmon.


commercially exploit the SEXY WAYS musical work without any permission, license or


SHAKE YOUR HEAD

214. The SHAKE YOUR HEAD musical work was authored by Abrim Tilmon and

was first published in 1973.


filed a copyright application for the SHAKE YOUR HEAD musical work with the U.S.


hereto.


Abrim Tilmon’s authorship of the SHAKE YOUR HEAD musical work automatically vested in



42



filed a renewal application in the name of Mrs. Tilmon for the SHAKE YOUR HEAD musical

work with the U.S. Copyright Office. This renewal application was granted on February 18,

2004 and issued as RE 898-049 at Exhibit 70 hereto.






SO LONG

219. The SO LONG musical work was authored by Abrim Tilmon and was first

published in 1973.


filed a copyright application for the SO LONG musical work with the U.S. Copyright Office.



Abrim Tilmon’s authorship of the SO LONG musical work automatically vested in the Estate of

Abrim Tilmon.



application in the name of Abrim Tilmon for the SO LONG musical work with the U.S.


43








TAKE IT OR LEAVE ME

224. The TAKE IT OR LEAVE ME musical work was authored by Abrim Tilmon and



a copyright application for the TAKE IT OR LEAVE ME musical work with the U.S. Copyright



Abrim Tilmon’s authorship of the TAKE IT OR LEAVE ME musical work automatically vested



commercially exploit the TAKE IT OR LEAVE ME musical work without any permission,

license or consent from the Estate of Abrim Tilmon.

TAKE MY LOVE

228. The TAKE MY LOVE musical work was authored by Abrim Tilmon and was



44


filed a copyright application for the TAKE MY LOVE musical work with the U.S. Copyright



Abrim Tilmon’s authorship of the TAKE MY LOVE musical work automatically vested in the




filed a renewal application in the name of Mrs. Tilmon for the TAKE MY LOVE musical work








THERE’S A LOVE FOR ME SOMEWHERE

233. The THERE’S A LOVE FOR ME SOMEWHERE musical work was authored by

Abrim Tilmon and was first published in 1972.


filed a copyright application for the THERE’S A LOVE FOR ME SOMEWHERE musical work




45


Abrim Tilmon’s authorship of the THERE’S A LOVE FOR ME SOMEWHERE musical work




filed a renewal application in the name of Mrs. Tilmon for the THERE’S A LOVE FOR ME

SOMEWHERE musical work with the U.S. Copyright Office. This renewal application was

granted on February 18, 2004 and issued as RE 898-051 at Exhibit 77 hereto.







separate copyright application for the THERE’S A LOVE FOR ME SOMEWHERE musical





Exhibit 78 hereto.





46




TILL YOU DECIDE TO COME HOME

241. The TILL YOU DECIDE TO COME HOME musical work was authored by


242. On February 16, 1971, Bridgeport Music, as the copyright claimant, or its agents,

filed a copyright application for the TILL YOU DECIDE TO COME HOME musical work with


Exhibit 79 hereto.


Abrim Tilmon’s authorship of the TILL YOU DECIDE TO COME HOME musical work




application in the name of Abrim Tilmon for the TILL YOU DECIDE TO COME HOME

musical work with the U.S. Copyright Office. This renewal application was granted on January

4, 1999 and issued as RE 814-507 at Exhibit 80 hereto.







47

WEAR THIS RING (WITH LOVE)

246. The WEAR THIS RING (WITH LOVE) musical work was authored by Abrim

Tilmon and James Mitchell and was first published in 1971.

247. On June 3, 1971, Bridgeport Music, as the copyright claimant, or its agents, filed

a copyright application for the WEAR THIS RING (WITH LOVE) musical work with the U.S.


hereto.


Abrim Tilmon’s authorship of the WEAR THIS RING (WITH LOVE) musical work




application in the name of Abrim Tilmon for the WEAR THIS RING (WITH LOVE) musical

work with the U.S. Copyright Office. This renewal application was granted on January 4, 1999

and issued as RE 814-518 at Exhibit 82 hereto.






WEDNESDAY

251. The WEDNESDAY musical work was authored by Abrim Tilmon and was first

published in 1977.


48


a copyright application for the WEDNESDAY musical work with the U.S. Copyright Office.



Abrim Tilmon’s authorship of the WEDNESDAY musical work automatically vested in the



commercially exploit the WEDNESDAY musical work without any permission, license or


WHATCHA GONNA WEAR TOMORROW

255. The WHATCHA GONNA WEAR TOMORROW musical work was authored by



filed a copyright application for the WHATCHA GONNA WEAR TOMORROW musical work




Abrim Tilmon’s authorship of the WHATCHA GONNA WEAR TOMORROW musical work




application in the name of Abrim Tilmon for the WHATCHA GONNA WEAR TOMORROW


49

musical work with the U.S. Copyright Office. This renewal application was granted on January







WITHOUT YOU BABY

260. The WITHOUT YOU BABY musical work was authored by Abrim Tilmon and



filed a copyright application for the WITHOUT YOU BABY musical work with the U.S.


hereto.


Abrim Tilmon’s authorship of the WITHOUT YOU BABY musical work automatically vested




application in the name of Abrim Tilmon for the WITHOUT YOU BABY musical work with the

U.S. Copyright Office. This renewal application was granted on January 2, 2001and issued as



50






YES I KNOW IM IN LOVE

265. The YES I KNOW IM IN LOVE musical work was authored by Mrs. Tilmon,

Ronald Lawrence, Louis Crane, and Balda Baine and first published in 1974.

266. On June 30, 1975, Southfield Music, as the copyright claimant, or its agents, filed

a copyright application for the YES I KNOW IM IN LOVE musical work with the U.S.

Copyright Office. This copyright application was granted and issued as EU593738 at Exhibit 88

hereto.


Abrim Tilmon’s authorship of the YES I KNOW IM IN LOVE musical work automatically




filed a renewal application in the name of Abrim Tilmon for the YES I KNOW IM IN LOVE

musical work with the U.S. Copyright Office. This renewal application was granted on February






51




separate copyright application for the YES I KNOW IM IN LOVE musical work with the U.S.

Copyright Office that dubiously claims to be a new version and arrangement. The application

lists Abrim Tilmon, Ronald Lawrence, Louis Crane, and Balda Baine, as the author of the words

and music and Bridgeport Music as the author of the arrangement. Further, the application

recites January 1, 1978 as the date of first publication. The application was granted on March

11, 1998 and issued as PA 1-322-673 at Exhibit 90 hereto.







273. On September 14, 2006 Mrs. Tilmon instituted an action against Bridgeport

Music and Mr. Boladian in the United States District Court, for the Eastern District of Michigan

that came to be styled as Tilmon-Jones v. Boladian et al., Civil Action No. 5:06-cv-14048

(“District Court Action”) based upon certain legal and royalty issues involving two (2) discrete

musical works, including YES I KNOW IM IN LOVE.

274. On September 6, 2007, the District Court there entered a Consent Order of

Settlement wherein it was ordered and adjudged that Mrs. Tilmon shall receive 33 1/3% of the


52

copyright of the musical composition YES I KNOW IM IN LOVE. A copy of the Consent

Order of Settlement that resolved the District Court Action is attached hereto as Exhibit 19.

275. Upon information and belief, Bridgeport Music and Mr. Boladian failed to

disclose the PA 1-322-673 registration at Exhibit 90 in the District Court Action. Plaintiffs’

undersigned counsel has attempted on numerous occasions to have Defendants’ assign the PA

registration at Exhibit 90 for YES I KNOW IM IN LOVE without judicial intervention.

Defendants have refused to do so each time.

276. Moreover, despite the Consent Order of Settlement, upon information and belief,

Defendants have continued to commercially exploit YES I KNOW IM IN LOVE without

providing appropriate sums to Mrs. Tilmon.

YOU CAN’T TAKE THIS LOVE FOR YOU, FROM ME

277. The YOU CAN’T TAKE THIS LOVE FOR YOU, FROM ME musical work was

authored by Abrim Tilmon, Sam Beatty, and Tom Graczyk and was first published in 1971.


copyright application for the YOU CAN’T TAKE THIS LOVE FOR YOU, FROM ME musical




Abrim Tilmon’s authorship of the YOU CAN’T TAKE THIS LOVE FOR YOU, FROM ME

musical work automatically vested in the Estate of Abrim Tilmon.



application in the name of Abrim Tilmon for the YOU CAN’T TAKE THIS LOVE FOR YOU,


53

FROM ME musical work with the U.S. Copyright Office. This renewal application was granted

on January 4, 1999 and issued as RE 814-541 at Exhibit 92 hereto.






YOU CONTROL ME

282. The YOU CONTROL ME musical work was authored by Abrim Tilmon and was



filed a copyright application for the YOU CONTROL ME musical work with the U.S. Copyright



Abrim Tilmon’s authorship of the YOU CONTROL ME musical work automatically vested in




application in the name of Abrim Tilmon for the YOU CONTORL ME musical work with the

U.S. Copyright Office. This renewal application was granted on January 2, 2001and issued as





54




YOU WANT IT? YOU GOT IT!

287. The YOU WANT IT? YOU GOT IT! musical work was authored by Abrim

Tilmon and was first published in 1972.

288. On October 13, 1971 Defendant Bridgeport Music, as the copyright claimant, or

its agents, filed a copyright application for the YOU WANT IT? YOU GOT IT! musical work




Abrim Tilmon’s authorship of the YOU WANT IT? YOU GOT IT! musical work automatically




application in the name of Abrim Tilmon for the YOU WANT IT? YOU GOT IT! musical work

with the U.S. Copyright Office. This renewal application was granted on January 4, 1999 and


291. Most notably, Bridgeport Music, or its agents represented to the U.S. Copyright






55


separate copyright application for the YOU WANT IT? YOU GOT IT! musical work with the

U.S. Copyright Office that dubiously claims to be a new version and arrangement. The




Exhibit 97 hereto.







YOU’RE GETTING A LITTLE TOO SMART

295. The YOU’RE GETTING A LITTLE TOO SMART musical work was authored

by Abrim Tilmon and was first published in 1973.

296. On March 20, 1974 Defendant Bridgeport Music, as the copyright claimant, filed

a copyright application for the YOU’RE GETTING A LITTLE TOO SMART musical work




Abrim Tilmon’s authorship of the YOU’RE GETTING A LITTLE TOO SMART musical work



56



filed a renewal application in the name of Mrs. Tilmon for the YOU’RE GETTING A LITTLE

TOO SMART musical work with the U.S. Copyright Office. A copy of this renewal application

is attached at Exhibit 99.






300. The U.S. Copyright office rejected the renewal application for the YOU’RE

GETTING A LITTLE TOO SMART musical work at Exhibit 99 as a result of a name variance

on the application. A copy of the U.S. Copyright office’s July 20, 2004 correspondence which

delineated the rationale for rejecting the renewal application for the YOU’RE GETTING A

LITTLE TOO SMART is attached hereto as Exhibit 100.

301. Further, on March 6, 1998, Bridgeport Music, or its agents, filed an application

for supplementary registration to correct the title of the YOU’RE GETTING A LITTLE TOO

SMART work. This application was granted on March 11, 1998 and issued as Pau 2-296-128 at

Exhibit 101 hereto.

302. Still further, on November 3, 1998, Bridgeport Music, or its agents, filed an

additional and separate copyright application for the YOU’RE GETTING A LITTLE TOO

SMART musical work with the U.S. Copyright Office that dubiously claims to be a new version,

new arrangement. The application lists Abrim Tilmon as the author of the drum intro, words,


57

music, and arrangement and J. Allen as an additional author of the arrangement. Further, the

application recites January 1, 1978 as the date of first publication. This application was granted

on November 4, 1998 and issued as PA 901-726 at Exhibit 102 hereto.







305. Finally, and most recently, on January 21, 2011, the Estate of Abrim Tilmon,

through its undersigned counsel, filed a renewal application for the YOU’RE GETTING A

LITTLE TOO SMART musical work with the U.S. Copyright Office. The application properly

lists Mrs. Tilmon, Mrs. Cartwright, and Mr. Tilmon (i.e. the Estate of Abe Tilmon) as the owners

of the renewal term of the YOU’RE GETTING A LITTLE TOO SMART work, which

commenced on December 31, 2002. This application was granted on January 21, 2011 and


COUNT I Declaratory and Injunctive Relief

306. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1 through 305,

above.

307. This is a claim for declaratory and injunctive relief under the Declaratory

Judgment Act, 28 U.S.C. § 2201.


58


Abrim Tilmon’s authorship of the musical works in the ABRIM TILMON CATALOG


309. An actual controversy has arisen as between Plaintiffs and Defendants. Plaintiffs

claim that they, and not Defendants, are the owners of the renewal term copyrights in and to the

musical works in the ABRIM TILMON CATALOG, and that Plaintiffs, and not Defendants

have the exclusive rights conferred upon copyright owners under the U.S. Copyright Act as to

these musical works, such that Defendants have no present right to, among other things, exploit

these musical works. Defendants, on the other hand, contends that it owns the renewal term

copyright in and to these musical works.

310. A judicial declaration is necessary to determine the rights and obligations of the

parties.

311. As a result, Plaintiffs seek a declaratory judgment (a) that they are the exclusive

owners of the renewal term copyrights in and to the musical works in the ABRIM TILMON

CATALOG, (b) that Plaintiffs have the exclusive rights conferred upon copyright owners under

the U.S. Copyright Act in and to the musical works in the ABRIM TILMON CATALOG,

including, without limitation, the exclusive right to exploit the musical works in the ABRIM

TILMON CATALOG, (c) that Defendants have no interest in and to the renewal term copyrights

in and to the musical works in the ABRIM TILMON CATALOG, or any right to exploit the

musical works in the ABRIM TILMON CATALOG, and (d) that any further action by

Defendants in derogation of the exclusive rights of Plaintiffs constitutes willful copyright

infringement. Plaintiffs further seek injunctive relief requiring (a) that Defendants disgorge to

Plaintiffs all benefits, monetary and non-monetary, collected by Defendants as purported


59

copyright owner and (b) that Defendants reconvey the renewal term copyrights in and to the

musical works in the ABRIM TILMON CATALOG to Plaintiffs to the extent necessary to

effectuate Plaintiffs’ rights.

COUNT II Copyright Infringement


above.


Abrim Tilmon’s authorship of the musical works in the ABRIM TILMON CATALOG

automatically vested in the Estate of Abrim Tilmon. As a result, Plaintiffs are the owner of all

right, title, and interest in and to the renewal term copyrights for the musical works in the

ABRIM TILMON CATALOG.

314. Defendants have no right, by contract, or otherwise, to the renewal term

copyrights, or revenues derived from the exploitation of the renewal term copyrights, emanating

from the musical works in the ABRIM TILMON CATALOG.

315. Defendants have claimed an ownership interest in the renewal term copyrights in

and to the musical works in the ABRIM TILMON CATALOG, and have kept, for their own

profit and revenues derived from the exploitation of the renewal term copyright in compositions

created at least in part by Abrim Tilmon.

316. The actions of the Defendants constitutes either an unintentional infringement, or

an intentional, willful, wrongful, and continual infringement upon the copyrighted musical works

in the ABRIM TILMON CATALOG which have automatically vested in the Estate of Abrim

Tilmon, and have caused the Plaintiffs to suffer actual damages in an amount which can only be

established by an accounting, and which will be proven at the trial of this cause. As a result of


60

the actions of the Defendants, the Plaintiffs are entitled to receive compensation for damages

pursuant to 17 U.S.C. § 501 et seq., including actual damages, or in the alternative, statutory

damages, attorney’s fees, and injunctive relief as well as the imposition of a constructive trust

and an accounting.

COUNT III Declaratory and Injunctive Relief


above.

318. This is a claim for declaratory and injunctive relief under the Declaratory

Judgment Act, 28 U.S.C. § 2201.

319. The Copyright Registrations listed at Exhibit 104 were obtained as a result of both

willful misstatements made to the Copyright Office by Defendant Bridgeport Music as well as

the intentional failure to provide the U.S. Copyright Office with material facts that, had they

been known, would have precluded the issuance of such Copyright Registrations.

320. Defendant Bridgeport Music, or its agents, calculatedly represented to the U.S.

Copyright Office that the date of first publication of the works listed at Exhibit 104 was January

1, 1978.

321. Upon information and belief, not a single work listed at Exhibit 104 was first

published on January 1, 1978.

322. Defendant Bridgeport Music, or its agents, calculatedly omitted the year of death

of Abrim Tilmon in each copyright application of the Copyright Registrations listed at Exhibit

104.

323. Upon information and belief, Defendant Bridgeport Music’s knowing and

intentional misrepresentation of the date of first publication of each work at Exhibit 104 as well


61

as Defendant’s Bridgeport Music’s knowing and intentional omission of Abrim Tilmon’s year of

death, led the Copyright Office to grant copyright registration of each work at Exhibit 104 under

the erroneous assumption that Abrim Tilmon was still alive and the date of publication of each

work was January 1, 1978.

324. Upon information and belief, the nature of the material facts knowingly and

intentionally withheld from the Copyright Office by Defendant Bridgeport Music regarding the

Copyright Registrations listed at Exhibit 104 are sufficient to invalidate each Copyright

Registration.

325. An actual controversy has arisen as between Plaintiffs and Defendants. Plaintiffs

claim that the Copyright Registrations at Exhibit 104 are invalid. Defendants, on the other hand,

contend that such Copyright Registrations are valid

326. A judicial declaration is necessary to determine the rights and obligations of the

parties.

327. As a result, Plaintiffs seek a declaratory judgment that the Copyright Registrations

at Exhibit 104 are invalid. Plaintiffs further seek injunctive relief prohibiting Defendants from

(a) asserting the Copyright Registrations at Exhibit 104 against Plaintiffs or any third parties and

(b) acting in any manner which would cause any third party to believe that Defendants hold a

valid copyright in the Copyright Registrations at Exhibit 104.

COUNT IV False Copyright Management Information


above.

329. Defendant Westbound Records conveyed its name as the copyright owner of the

sound recordings, as described in 17 § U.S.C. 1202(c), on The Original Eight Mile – Westbound


62

Records: 40th Anniversary CD, which is referenced in paragraph 77 herein, by and through its

notice of copyright on the packaging of each CD which clearly states, “The copyrights in these

sound recordings are owned by Westbound Records, Inc.” (hereinafter “copyright management

information”).

330. Upon information and belief, at least Defendants Westbound Records, Nine

Records, and Mr. Boladian, knowingly and with the intent to induce, enable, facilitate, or conceal

infringement provided copyright management information that is false, in violation of 17 §

U.S.C. 1202(a).

331. Upon information and belief, at least Defendants Westbound, Nine Records, and

Mr. Boladian, knowingly and with the intent to induce, enable, facilitate, or conceal infringement

distributed copyright management information that is false, in violation of 17 § U.S.C. 1202(a).

332. Plaintiffs are entitled to and seek statutory damages for Defendants’ intentional

actions in providing and distributing false copyright management information that is false on the

infringing CD, including attorneys’ fees and costs, pursuant to 17 § U.S.C. 1203.

333. The conduct of the Defendants is causing and, unless enjoined and restrained by

this Court, will continue to cause Plaintiffs great and irreparable injury that cannot fully be

compensated or measured in money. Plaintiffs have no adequate remedy at law.

COUNT V Fraud


above.

335. This is a claim for fraud under Michigan common law.

336. Defendants made material representations to various third parties, including the

U.S. Copyright Office, that (i) the first date of publication of the PA Registrations at Exhibit 104


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was January 1, 1978; (ii) Defendants were the “duly authorized agent” of Abrim Tilmon and that

Abrim Tilmon maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072

even though Mr. Tilmon had been deceased since July 6, 1982 and has been continuously

interred in the state of Michigan since shortly after his death; and (iii) Defendants were the “duly

authorized agent” of Mrs. Tilmon and that Mrs. Tilmon maintained an address at 29 Church

Street, Suite 3, Burlington, VT 05401 even though no such agency relationship ever existed and

Mrs. Tilmon has never resided or otherwise maintained a residential address at any location in

the state of Vermont.

337. Defendants’ actions and representations in commerce relating to the ABRIM

TILMON CATALOG, including in public filings before at least the U.S. Copyright Office,

regarding Abrim Tilmon’s legal status, Mrs. Tilmon’s legal status, putative agency with the

Defendants, address, date of first publication, and other respective legal rights of the parties and

the nature, quality, characteristics of either or both of the Plaintiffs’ legal rights and the

Defendants’ alleged legal rights in the ABRIM TILMON CATALOG, constituted a publication

of a false statement(s) knowing that statement to be false or acting in reckless disregard for its

truth or falsity.

338. Defendants’ made the representations and took the foregoing actions with the

intention that it would be relied upon by Plaintiffs’ as well as various third parties, including the

U.S. Copyright Office.

339. Plaintiffs, as well as various third parties, including the U.S. Copyright Office,

have relied on Defendants’ foregoing actions and representations and, as a result, Plaintiffs have

been injured.


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340. The acts of the Defendants are causing irreparable injury to the Plaintiffs.

Plaintiffs have no adequate remedy at law and said acts will continue unless restrained by this

Court.

COUNT VI Injurious Falsehood


above.

342. This is a claim for injurious falsehood under Michigan common law.

343. Defendants’ actions and representations in commerce relating to the ABRIM

TILMON CATALOG, including in public filings before at least the U.S. Copyright Office,

regarding Abrim Tilmon’s legal status, Mrs. Tilmon’s legal status, putative agency with the

Defendants, address, and other respective legal rights of the parties and the nature, quality,

characteristics of either or both of the Plaintiffs’ legal rights and the Defendants’ alleged legal

rights in the ABRIM TILMON CATALOG, constituted a publication of a false statement(s) to a

third party knowing that statement to be false or acting in reckless disregard for its truth or

falsity.

344. Defendants knew, or should have known, that the false publication set forth in the

preceding paragraph would likely result in pecuniary loss or in harm to the interests of the

Plaintiffs having a pecuniary value, by conveying and circulating in a public record before a

federal agency the false and misleading impression that the Defendants possess or retain some

legal rights or interests in the ABRIM TILMON CATALOG, or that third parties would need to

contract with the Defendants to obtain rights therein to the exclusion of the Plaintiffs.

345. Plaintiffs have suffered special damages and lost opportunities as a result of the

actions and conduct by Defendants.


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346. By virtue of the facts herein averred, the acts of the Defendants constitute

injurious falsehood within the meaning of the common law of the state of Michigan as they

pertain to the unlawful use and dominion over the Plaintiffs’ rights in the ABRIM TILMON

CATALOG.

347. Defendants’ unlawful and unauthorized use and dominion over the Plaintiffs’

rights in the ABRIM TILMON CATALOG has been deliberate and willful and committed with

the intent to cause confusion and mistake, and to deceive and defraud the public into believing

that the Plaintiffs somehow lacks legal rights which are superior to that of the Defendants.

348. Defendants have and/or will obtain substantial benefit from the use of, and

dominion over, the ABRIM TILMON CATALOG without Plaintiffs’ permission, consent,

and/or authorization.

349. Plaintiffs have not received appropriate compensation for the Defendants’ use and

dominion over the ABRIM TILMON CATALOG.

350. Defendants’ actions and representations in commerce have caused, or will likely

cause, a benefit to the Defendants at the expense of the Plaintiffs in that such statements and

representations to third parties convey the false and misleading impression that the Defendants

possess some legal rights or interests in the ABRIM TILMON CATALOG, which are superior to

that of Plaintiffs.

351. The acts of the Declaratory Defendants are causing irreparable injury to the

Declaratory Plaintiff. Plaintiff has no adequate remedy at law and said acts will continue unless

restrained by this Court.

COUNT VII Breach of Agency by Estoppel


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above.

353. This is a claim for breach of agency by estoppel under Michigan common law.

354. The Renewal Registrations set forth herein for musical works in the ABRIM

TILMON CATALOG were issued by the U.S. Copyright Office based upon Defendants’ actions

and representations, which included statements and representations in public filings before at

least the U.S. Copyright Office that a putative agency relationship existed between Mrs. Tilmon

or her late husband, on the one hand, and Defendants, on the other hand.

355. The actions of the Defendants, including the representations made to the U.S.

Copyright Office in the Renewal Registrations set forth herein, show that the Defendants held

themselves out as being the “duly authorized agent” of Mrs. Tilmon or her late husband and that

third parties, including the U.S. Copyright Office then, relied upon, and acted in good faith to

issue the Renewal Registrations to the benefit of the Defendants based upon such claims that the

Defendants were the “duly authorized agent” of Mrs. Tilmon or her late husband.

356. By virtue of the Defendants’ own statements and claims of being the agent for

Mrs. Tilmon or her late husband, the Defendants’ own actions created an agency by estoppel

relationship wherein the Defendants owed a legal duty and/or fiduciary duty to Mrs. Tilmon

relating to at least the administration and exploitation of the Renewal Registrations.

357. Plaintiffs have suffered special damages and lost opportunities as a result of the

actions and conduct by the Defendants, which include usurping and taking any opportunities

arising from the Renewal Registrations as well as failing to apprise, inform, and account to the

Plaintiffs for any activity involving the subject matter of such Renewal Registrations.


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358. Defendants have and/or will obtain substantial benefit from the use of, and

dominion over, the musical works at issue in this action, and especially the Renewal

Registrations which contain the claim of an agency relationship.

359. Plaintiffs have not received adequate compensation, information, and/or any type

of accounting from the Defendants’ regarding their actions in furtherance of the putative

“agency” relationship that Defendants claimed to exist in filings before the U.S. Copyright

Office.

360. The acts of the Defendants are causing irreparable injury to the Plaintiffs.

Plaintiffs have no adequate remedy at law and said acts will continue unless restrained by this

Court.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray for judgment against the Defendants, as follows: 1. On the first cause of action, a declaratory judgment (a) that Plaitniffs are the

exclusive owners of the renewal term copyrights in and to the musical works in the ABRIM

TILMON CATALOG, (b) that Plaintiffs have the exclusive rights conferred upon copyright

owners under the U.S. Copyright Act in and to the musical works in the ABRIM TILMON

CATALOG, including, without limitation, the exclusive right to exploit the musical works in the

ABRIM TILMON CATALOG, (c) that Defendants have no interest in and to the renewal term

copyrights in and to the musical works in the ABRIM TILMON CATALOG, or any right to

exploit the musical works in the ABRIM TILMON CATALOG, and (d) that any further action

by Defendants in derogation of the exclusive rights of Plaintiffs constitutes willful copyright

infringement. Plaintiffs further seek injunctive relief requiring (a) that Defendants disgorge to

Plaintiffs all benefits, monetary and non-monetary, collected by Defendants as purported


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copyright owner and (b) that Defendants reconvey the renewal term copyrights in and to the

musical works in the ABRIM TILMON CATALOG to Plaintiffs to the extent necessary to

effectuate Plaintiffs’ rights;

2. On the second cause of action, an order that Plaintiffs be awarded damages for

Defendants’ copyright infringement as either (i) actual damages in an amount to be determined at

trial, together with Defendants’ profits derived from its unlawful infringement of Plaintiffs’

copyrighted works; or (ii) statutory damages for each act of infringement in an amount provided

by law, at Plaintiffs’ election before the entry of a final judgment;

3. On the third cause of action, a declaratory judgment that the Copyright

Registrations at Exhibit 104 are invalid. Plaintiffs further seek, as to the third cause of action,

injunctive relief prohibiting Defendants from (a) asserting the Copyright Registrations at Exhibit

against Plaintiffs or any third parties and (b) acting in any manner which would cause any third

party to believe that Defendants hold a valid copyright in the Copyright Registrations at Exhibit

104;

4. On the fourth cause of action, an order that Plaintiffs be awarded damages for

Defendant Westbound Records, Nine Records, and Mr. Boladian’s conveyance of false copyright

management information as either (i) actual damages in an amount to be determined at trial,

together with Defendants’ profits attributable to their violations of 17 § U.S.C. 1202; or (ii)

statutory damages for each violation of 17 § U.S.C. 1202, at Plaintiffs’ election before the entry

of final judgment.

5. On the fifth cause of action, damages to be determined at trial;

6. On the sixth cause of action, damages to be determined at trial;

7. On the seventh cause of action, damages to be determined at trial;


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8. On all claims, an award of pre-judgment and post-judgment interest;

9. On all claims, an award of attorney’s fees and costs of suit incurred herein; and

10. Such other further relief as the Court may deem just and proper.

DEMAND FOR JURY TRIAL

Plaintiffs demands a jury trial for all issues so triable.

Dated: July 13, 2011 Respectfully submitted,

JANYCE H. TILMON-JONES, CATHERINE M. CARTWRIGHT, STEVEN M. TILMON, and GLOBAL ROYALTY NETWORK & PUBLISHING By: /s/ Jeffrey P. Thennisch One of their Attorneys Jeffrey P. Thennisch (P51499) DOBRUSIN & THENNISCH PC 29 W. Lawrence Street, Suite 210 Pontiac, Michigan 48342 (248) 292-2920 [email protected] Gregory J. Reed (P24750) GREGORY J. REED & ASSOCIATES PC 1201 Bagley Street Detroit, Michigan 48226 (313) 961-3580 [email protected] Attorneys for Plaintiffs


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VERIFIED STATEMENT

I declare under penalty of perjury under the laws of the United States, pursuant to 28

U.S.C. § 1746, that the foregoing aversions in the Complaint are true and correct to the best of

my knowledge, information and belief.

Dated: July 12, 2011 By: JANYCE TILMON-JONES Dated: July 12, 2011 By: CATHERINE M. CARTWRIGHT Dated: July 12, 2011 By:

STEVEN M. TILMON


Documents

Tilmon-Jones v. Bridgeport Music Complaint