Zomba Recordings v. Camp West

7/29/2019 Zomba Recordings v. Camp West

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JS 44C/SDNY

REV. 7/2012

JUDGFWOOD

4§-W 658SRIG,NALheJS-44civil coversheet andthe information contained hereinneitherreplacenorsupplementthe filing and serviceofpleadings orotherpapersas required bylaw, except as provided bylocal rules ofcourt. This form, approved bytheJudicial Conferenceofthe United States inSeptember 1974,is required foruse ofthe ClerkofCourtforthe purposeofinitiating thecivil docket sheet. C C D A *j r\r\ an

PLAINTIFFS

Zomba Recording LLCDEFENDANTS

Camp West Recorders, Inc., as successor-in-interest toAffinity EntertainmeGroup, Inc., and Johnell Harris

ATTORNEYS (FIRM NAME,ADDRESS, AND TELEPHONE NUMBER

Proskauer Rose LLP, Eleven Times Square, New York, NY 10036,212-969-3000

ATTORNEYS (IFKNOWN)

CAUSE OFACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OF CAUSE)(DONOTCITEJURISDICTIONAL STATUTESUNLESSDIVERSITY)

Copyright Infringement, under the Copyright Act of 1976, and Conversion

Has this ora similar case beenpreviously filed in SDNY at anytime? No [x] Yes • JudgePreviously Assigned

If yes, was this case Vol. • Invol. • Dismissed. No • Yes • If yes, give date &Case No.

IS THIS AN INTERNATIONALARBITRATION CASE? No Yes D

(PLACEAN [x] INONEBOXONL Y) NATURE OF SUIT

ACTIONSUNDER STATUTES

CONTRACT PERSONAL INJURY PERSONAL INJURY FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

( ] 1 10 INSURANCE I 1310 AIRPLANE [ ]362 PERSONAL INJURY - [ ]610 AGRICULTURE [ ] 42 2 APPEAL [ ]400 STATE[ ]120 MARINE [ 1315 AIRPLANE PRODUCT MED MALPRACTICE [ ]620 OTHER FOOD & 2 8 USC 15 8 REAPPORTIONMENT[ 1130 MILLER AC T LIABILITY [ ]365 PERSONAL INJURY DRUG [ ]423 WITHDRAWAL [ 1410 ANTITRUST[ ] 1 « NEGOTIABLE | ]320 ASSAULT, LIBEL & PRODUCT LIABILITY [ ]625 DRUG RELATED 28 US C 15 7 [ ]430 BANKS & BANKING

INSTRUMENT SLANDER [ )36B ASBESTOS PERSONAL SEIZURE OF ( ]450 COMMERCE[ 1150 RECOVERY OF [ ]330 FEDERAL INJURY PRODUCT PROPERTY [ ]460 DEPORTATION

OVERPAYMENT & EMPLOYERS ' LIABILITY 21 US C 88 1 PROPERTY RIGHTS [ ]470 RACKETEER INFLUENFORCEMENT LIABILITY [ ]630 LIQUOR LAWS ENCED & CORRUPTOF JUDGMENT I ]340 MARINE PERSONAL PROPERTY [ ]640 RR & TRUCK M820 COPYRIGHTS ORGANIZATION ACT

[ ]151 MEDICARE ACT [ ]345 MARINE PRODUCT [ ]650 AIRLINE REGS ( J 830 PATENT (RICO)[ ] 1 52 RECOVERY OF LIABILITY [ ]370 OTHER FRAUD [ ]660 OCCUPATIONAL [ ] 840 TRADEMARK [ ]480 CONSUMER CREDIT

DEFAULTED [ ]350 MOTOR VEHICLE [J 371 TRUTH IN LENDING SAFETY/HEALTH [ J490 CABLE/SATELLITE TSTUDENT LOANS [ ]355 MOTOR VEHICLE [ ]380 OTHER PERSONAL [ ]690 OTHER [ ]810 SELECTIVE SERVICE(EXCLVETERANS) PRODUCT LIABILITY PROPERTY DAMAGE SOC IAL SECUR IT Y [ ]850 SECURITIES/

[ ]153 RECOVERY OF [ J360 OTHER PERSONAL [ ]385 PROPERTY DAMAGE COMMODITIES/OVERPAYMENT INJURY PRODUCT LIABILITY LABOR [ ]861 HIA(1395ff) EXCHANGEOF VETERAN'S [ ]862 BLACKLUNG(923) [ ]875 CUSTOMER

[ ]710 FAIR LABOR

[ ] 863 DIWC/DIWW (405(g)) CHALLENGE[ ]160 STOCKHOLDERS STANDARDS ACT [ ] 86 4 SSID TITLE XVI 1 2 U SC 3410SUITS [ ]720 LABOR/MGMT [ ) 865 RSI (405(g)) [ ]890 OTHER STATUTORY

I ] 1 90 OTHER PRISONER PETITIONS RELATIONS ACTIONSCONTRACT [ ]730 LABOR/MGMT [ 1891 AGRICULTURAL ACT

I ] 195 CONTRACT [ 1510 MOTIONS TO REPORTING & FEDERAL TA X SUITS [ ]892 ECONOMICPRODUCT ACTIONS UNDER STATUTES VACATE SENTENCE DISCLOSURE AC T STABILIZATION AC TLIABILITY 20 US C 2255 [ 1740 RAILWAY LABOR ACT [ ]870 TAXES (U.S . Pl ain ti ff o r [ ]893 ENVIRONMENTAL

[ ] 196 FRANCHISE CIVIL RIGHTS ( J530 HABEAS CORPUS [ 1790 OTHER LABOR Defendant) MATTERS

( ]535 DEATH PENALTY LITIGATION [ ] 871 IRS-THIRD PARTY [ ]894 ENERGY

I 1441 VOTING I ]540 MANDAMUS & OTHER I ]791 EMPLRET I NC 26 US C 7609 ALLOCATION AC T| ]442 EMPLOYMENT SECURITY ACT [ ]895 FREEDOM OF

REAL PROPERTY I ]443 HOUSING/ INFORMATION AC T

ACCOMMODATIONS IMMIGRATION [ ]900 APP EAL OF F E E( 1210 LAND [ ]444 WELFARE PRISONER CIVIL RIGHTS DETERMINATION

CONDEMNATION | ]445 AMERICANS WITH [ ]462 NATURALIZATION UNDER EQUAL[ ]220 FORECLOSURE DISABILITIES - [ ]550 CIVIL RIGHTS APPLICATION ACCESS TO JUSTICE[ ]230 RENT LEASE &

EJECTMENT [ ]446EMPLOYMENT

AMERICANS WITH

[ ] 5 55 PRISON CONDITION [ ]463 HABEAS CORPUS-

ALIEN DETAINEE

[ J950 CONSTITUTIONALIT

OF STATE STATUTEI ]240 TORTSTO LAND DISABILITIES -OTHER [ ]465 OTHER IMMIGRATION[ ]245 TORTPRODUCT

LIABILITY

[ ]440 OTHER CIVIL RIGHTS

(Non-Prisoner)ACTIONS

[ ]290 ALL OTHER

REAL PROPERTY

Check if demanded in complaint:

CHECK IF THIS IS A CLASS ACTION

UNDER F .R.C .P . 23

DEMAND $_ OTHER

Check YES onlyif demanded in complaint

JURY DEMAND: S YES • NO

DO YOU CLAIMTHIS CASE IS RELATED TO A CIVILCASE NOW PENDING INS.D.N.Y.?IF SO , STATE:

JUDGE DOCKET NUMBER

NOTE: Please submit at the time of filing an explanation ofwhy cases are deemed related.



(PLACE AN x IN ONE BOX ONLY) ~ ORIGIN ~

I—I 1 Original [~J 2 Removed from Q 3 Remanded LJ 4 Reinstated or LJ 5 Transferred from • 6 Multidistrict • 7 Appeal to DistriProceeding State Court from Reopened (Specify District) Litigation Judge from

• 3. all parties represented APPe"ate Magistrate Judg— Court Judgment

I | b. At leastoneparty is pr o se .

(PLACEAN x IN ONE BOX ONLY) BASISOF JURISDICTION IF DIVERSITY, INDICATED 1 U.S. PLAINTIFF • 2 U.S. DEFENDANT [X] 3 FEDERAL QUESTION Q4 DIVERSITY CITIZENSHIP BELOW.

(U.S. NOT APARTY) (28 USC 1332, 1441)

CITIZENSHIP OF PRINCIPAL PARTIES (FORDIVERSITYCASES ONLY)

(Place an [X] inone boxforPlaintiff and one boxforDefendant)

PTF DEF PTF DEF PTF DEFCITIZEN OF THIS STATE [ ]1 [ ]1 CITIZEN OR SUBJECT OFA [ ]3 [ ]3 INCORPORATED andPRINCIPAL PLACE [ ]5 [ ]5

FOREIGN COUNTRY OF BUSINESS INANOTHER STATE

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

PLAINTIFF(S) ADDRESS(ES) ANDCOUNTY(IES)

Zomba Recording LLC550 Madison Avenue

New York, New York County, NY 10022

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

CampWestRecorders, Inc., as successor-in-interesttoAffinity Entertainment Group, Inc., 9909Topanga Canyon, #277, Chatsworth, Los Angeles County, CA91311

Johnell Harris, 9909Topanga CanyonBlvd., Apt. 277, Chatsworth, Los Angeles County, CA 91311

DEFENDANT(S) ADDRESS UNKNOWNREPRESENTATION ISHEREBY MADE THAT, AT THIS TIME, IHAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TOASCERTAIN THE

RESIDENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

Check one: THIS ACTION SHOULD BE ASSIGNED TO: WHITE PLAINS [X] MANHATTAN(DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTS COMPLAINT.)

DATE £Jlp Ii ^ SIGNATURE/OF ATTORNEY OF RECORD ADMITTED TO PRACTICE IN THIS DISTRICT7Vy/ / \ / y / jk N YES (DATE ADMITTED Mo. 03 Yr. 2011

RECEIPT* / p/C^/ j^t^V-^ Attorney BarCode#AD-1223

Magistrate Judge is to be designated by the Clerk of ^($$§GE GOBENSTEIN

Magistrate Judge isso Designated.

Ruby J. Krajick, Clerk ofCourt by Deputy Clerk, DATED .

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)



JUDGE WOOD

PROSKAUER R OS E L LP

Attorneysfor Plaintiff

Sandra A. Crawshaw-Sparks (SC-1439)

Adam W. Deitch (AD-1223)

Eleven Times Square

New York, NY 10036

(212) 969-3000

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

ZOMBA RECORDING LLC,

Plaintiff,

v.

CAMP WEST RECORDERS, INC., as

successor-in-interest to AFFINITY

ENTERTAINMENT GROUP, INC., and

JOHNELL HARRIS,

Defendants.

ORIGINAL

13 CIV 6581

O J

C. "

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Case No.: 13 Civ. ( )

COMPLA INT

JURY TR I AL DEMANDED

Plaintiff, Zomba Recording LLC ("Zomba"), by its attorneys, Proskauer Rose LLP, as

and for its complaint against defendants CampWest Recorders, Inc. ("Camp West"), as

successor-in-interest to Affinity Entertainment Group, Inc. ("Affinity"), and Johnell Harris

("Harris"), alleges as follows:

PART I E S

1. At all times hereinafter mentioned, Zomba Recording LLC was an entity engaged

in, inter alia, the businessof manufacturing, distributing, marketing, and otherwiseexploiting

sound recordings embodying musical and/or vocal performances by recording artists, including

in the form of phonograph records, tapes, and compact discs.



2. Zomba is a limited liability company organized pursuant to the laws of the State

ofDelaware, having its principal place of business at 550 Madison Avenue, New York, New

York 10022.

3. At all times hereinafter mentioned, defendant Camp West was a corporation

purportedly engaged in, interalia, the business of finding, developing, and exploiting the talents

of recording and performing artists and producing recordings embodying the performances of

such artists.

4. Upon information and belief, Camp West is a corporation organized pursuant to

the lawsofthe State

ofCalifornia, having its principal place

ofbusiness located in Los Angeles

County, California.

5. Upon information and belief, Camp West is the successor-in-interest to Affinity.

6. Upon information and belief, Affinity was a company that purported to engage in,

interalia, the business of finding, developing, and exploiting the talents of recording and

performing artists and producing recordings embodying the performances of such artists.

7. Upon information and belief, Affinity was a company organized pursuant to the

laws of the State ofCalifornia, having its principal place of business located in Los Angeles

County, California. Upon information and belief, Affinity is now defunct.

8. At all times hereinafter mentioned, defendant Harris was an individual engaged

in, inter alia, the business of finding, developing, and exploiting the talents of recording and

performing artists, purporting to manage their careers, and producing recordings embodying the

performances of such artists.

9. Upon information and belief, Harris is a resident of the State ofCalifornia.



10. At all times hereinafte r mentioned, defendant Harr is was the owner and

controlling shareholder, officer, and/ordirector of CampWest(andAffinity), with the rightand

ability to supervise the conduct of CampWest (andAffinity), and with an obvious and direct

financial interestin thewrongfuland infringing conductof CampWest describedherein.

11. At all times hereinaftermentioned, Harrishad full knowledge of CampWest's

conduct and induced, caused, and/or materially contributed to the same.

Jurisdiction and Venue

12. This Courthas inpersonam jurisdiction overCampWest because, upon

information and belief, CampWest is doing or transacting business in the State ofNew York,

andCamp West, as the successor-in-interest to Affinity, consented to the jurisdictionandvenue

o f th is Court .

13. ThisCourt has inpersonam jurisdictionoverHarris because,upon information

and belief, Harris is doing or transacting business in the State ofNew York.

14. ThisCourt has jurisdictionover the subjectmatter of the within actionpursuantto

28U.S.C. §§ 1331 and 1338 in that this actionarises underanAct of Congress relating to

copyright, and pursuant to supplementaljurisdiction under 28U.S.C. § 1367.

15. Theexercise of jurisdiction overthe state law claim against defendants Camp

West and Harris is additionally proper pursuant to 28 U.S.C. § 1332 in that the matters in

controversy exceed the sum of Seventy-fiveThousandDollars ($75,000), exclusive of interest

and costs, and are between citizens of different states.

16. Venue in the SouthernDistrictof New York is properpursuantto 28U.S.C. §§

1391 and 1400.



Allegations Common T o All Cla im s For Relief:

17. Samantha Jade Gibbs ("Gibbs") is a recording artist from Perth, Australia who at

a youngage exhibited exceptional talent as a singer, performer, and songwriter.

18. In 2002, whenGibbswas fifteen years old,Harrismet with Gibbs and her parents

and convinced them that Gibbs neededa personalmanagerin order to pursue a career in the

entertainment industry, and that he should act in such capacitypursuant to the terms of an oral

agreement.

19. On or about November 26, 2002, Harris, through his company, Affinity, and

Gibbs entered intoa recording agreement (the"2002Recording Agreement") whichprovided for

Gibbs' delivery ofmaster recordings sufficient to constitute one longplaying album during an

initial one-year term, andAffinity'soption to extend thetermfor an additional sixyears, orthe

deliveryof master recordings sufficient to constitute up to seven albums.

20. Onor aboutDecember 17,2004, Zombaentered intoan agreement withAffinity

(the "Zomba Recording Agreement").

21. Pursuantto the ZombaRecording Agreement, Zomba acquired, exclusively, all

rights, including all copyrights, in and to all masterrecordings recordedby Gibbs prior to and

duringthe term of the Zomba RecordingAgreement (the "Zomba/GibbsMasters").

22. Additionally, pursuantto the ZombaRecording Agreement, Zomba acquired,

inter alia, the exclusive perpetual right and license to manufacture, distribute, and otherwise

exploit the Zomba/Gibbs Masters.

23. During the term of the Zomba Recording Agreement, Gibbs recorded dozens of

master recordings constituting Zomba/Gibbs Masters.



24. Two of the Zomba/Gibbs Masters recorded byGibbs during the term of the

Zomba Recording Agreement were entitled Remember and Move (the "Infringed Masters").

25. Onor about March 7,2008, Zomba and Affinity entered into an agreement

terminating the term of the Zomba Recording Agreement and releasing Affinity (and Gibbs)

from any further obligation to deliver future master recordings to Zomba.

26. The Zomba/Gibbs Masters, including the Infringed Masters, are original

copyrightable subject matter.

27. Zomba has fully complied inall respects with the formalities oftheCopyright Act

of 1976, as amended, 17 U.S.C. § 101 etseq., and all other applicable laws in securing,

protecting, and maintaining its exclusive rights in and to the copyright intheUnited States ofthe

Zomba/Gibbs Masters, including the InfringedMasters.

28. Zomba obtained from theRegistrar ofCopyrights Certificates ofRegistration for

the Infringed Masters, bearing registration numbers SRu 1-126-128 andSRu 1-128-017,

respectively (copies ofwhich are collectively annexed hereto asExhibit A).

29. Camp West neither hadnorhas any right to possess, exploit, orto authorize others

to exploit the Zomba/Gibbs Masters, including, without limitation, the Infringed Masters.

30. Affinity neitherhad nor has any right to possess, exploit, or to authorize others to

exploit theZomba/Gibbs Masters,including, without limitation, the Zomba/Gibbs Masters

entitled Remember and Move.

31. Harris neitherhadnorhas anyright to possess, exploit, or to authorize others to

exploittheZomba/Gibbs Masters including, without limitation, the Zomba/Gibbs Masters

entitled Remember and Move.



32. Upon information and belief, on orabout December 5, 2012, Harris and Camp

West,reproduced, manufactured, released,marketed, distributed, and/or otherwise commenced

the exploitation ofan album entitled "The Golden Touch", embodying at least two Zomba/Gibbs

Masters - Remember and Move.

33. Zomba did not, at any time, authorize, license, or otherwise consent to the

exploitation byor onbehalfofHarris and/or Camp West, ofanyof the Zomba/Gibbs Masters in

connection with "The Golden Touch" album or otherwise.

34. Harris andCamp West were fully aware ofZomba's exclusive rights in and to the

Zomba/Gibbs Masters, including the Infringed Masters, and that any exploitation of said masters

without a license from Zomba would constitute thewillful infringement of Zomba's exclusive

rights.

First Claim For Rel i e f

[Against All Defendants ForWillful Copyright Infringement]

35. Zomba repeats and re-alleges each and every allegation set forth inParagraphs 1

through 34 hereof, as if fully set forth herein.

36. Upon information and belief, Camp West andHarris have, at all relevant times,

been acting inconcert orprivity with each other with respect to the actions complained ofherein.

37. Pursuant to theZomba Recording Agreement, Zomba acquired all rights

throughout theuniverse, including butnot limited to all copyrights in andto theZomba/Gibbs

Masters, including the Infringed Masters. Zomba's rights include, inter alia, the exclusive,

perpetual, and irrevocable rightand license to possess, manufacture, distribute, andotherwise

exploit theZomba/Gibbs Masters, including the Infringed Masters.

38. Commencing in or aboutDecember 5, 2012, Camp Westand/or Harris

reproduced, manufactured, released, marketed, distributed, and/or otherwise exploited "The



Golden Touch" album embodying, inter alia, the Infringed Masters without Zomba's

authorization or consent.

39. Despite their awareness ofZomba's exclusive rights in and tothe Infringed

Masters, and their knowledge that they required a license from Zomba to exploit the same, Camp

Westand/orHarris engaged in the infringing conduct described herein.

40. The actions of CampWestandHarris set forthabove constitute willful, actual,

and threatened direct and/or secondary infringements ofZomba's exclusive rights under the

Copyright Actof 1976, as amended, and otherapplicable copyright laws.

41. Asa result of the direct and/or secondary infringing conduct ofCamp West,

and/or Harris, Zombahas suffered substantial damages in an amountto be determined at trial.

42. Zomba is entitledto recover ofCampWest and/orHarris Zomba's actual

damages suffered as a result of the infringement ofZomba's exclusive rights, and any profits of

Camp West and/or Harris attributable to the infringement not taken into account incomputing

actual damages.

43. Zomba is further entitled to recover ofCamp West, Affinity, Song West, and/or

Harris its full costs (including attorneys' fees) incurred in connectionwith this action.

Second Claim For Rel i e f

[AgainstAll Defendants For Conversion]

44. Zomba repeats and re-alleges each and every allegation set forth inParagraphs 1

through43 hereof, as if fully set forth herein.

45. Pursuant totheZomba Recording Agreement, Zomba acquired and owns all right,

title and interest inperpetuity intheZomba/Gibbs Masters, including the right to exclusive

physical possession of the original components of the recording and mixing process in respect of

the Zomba/Gibbs Masters in their originally recorded format, as well as all tapes and work parts



ofwhatever nature (including, without limitation, multi-tracks, out-takes, or other tracks

recorded during the term of the Zomba Recording Agreement), and all stereo mixed down tape

masters oftheoriginal multi-track recordings and a final two-track equalized tape copy of such

recordings.

46. Upon information and belief, Camp West and/or Harris have possession of

recordings comprising, constituting, and/or embodying the Zomba/Gibbs Masters, including the

Infringed Masters, without Zomba's authorization or consent.

47. Camp West and Harris retained possession of recordings comprising, constituting

and/or embodying the Zomba/Gibbs Masters, including the InfringedMasters, without Zomba's

knowledge.

48. Priorto December5, 2012, neitherCampWest norHarris advisedZombathat

theyhad retainedpossession of all or any of the Zomba/GibbsMasters.

49. Priorto December5, 2012, neitherCampWest nor Harris claimedto own or have

a right to possess the Zomba/Gibbs Masters.

50. Prior toDecember 5, 2012, neither Camp West norHarris took any action with

respect to the Zomba/GibbsMasters constitutingan affirmative act inconsistentwith Zomba's

rights in or to the Zomba/Gibbs Masters.

51. The first affirmative act by Camp West and/or Harris inconsistent with Zomba's

rights in and to the Zomba/Gibbs Masters was the release of "The Golden Touch" album

embodying Zomba/Gibbs Masters.

52. On June 19, 2013 and July 30, 2013, Zomba demanded, interalia, that defendants

returnthe Zomba/GibbsMasters, including the InfringedMasters to Zomba.



53. Camp West and/or Harris have interfered with Zomba'srights to the

Zomba/Gibbs Masters, including the Infringed Masters, by, inter alia, failing and refusing to

deliver possession of the same to Zomba.

54. Asa resultof Defendants' conversion of Zomba's property, Zomba hasbeen

damaged andDefendants havebeenunjustly enriched.

55. Asa result ofDefendants' conversion of Zomba's property, Zomba hasbeen

unable to apply for and obtain from the Registrar ofCopyrights Certificates ofRegistration for

those Zomba/Gibbs Masters in the possession, custody, and/or control ofCamp West and/or

Harris. Zomba specifically andexpressly reserves the rightto do so, andto amendthis

Complaint to include claims for copyright infringement in respect thereof, to the extent that

Camp Westand/orHarrisreproduced, manufactured, released, marketed, distributed, and/or

otherwise exploited any of the Zomba/Gibbs Masters without Zomba's authorization or consent.

56. Zomba is entitled to a judgment against Camp West and/or Harris requiring them

todeliver the Zomba/Gibbs Masters, including the Infringed Masters, toZomba, as well as any

additional compensatory and/or special damages thatmay be appropriate.

57. Defendants CampWestandHarris engaged in the foregoing conductand

performed the foregoing acts and omissions intentionally, maliciously, fraudulently, and

oppressively, with the intent and design to damage Zomba and to benefit themselves. By reason

ofthis conduct, Zomba is entitled to recover punitive damages.

Demand For Jury Trial

58. Zomba demands a trial by jury of all issues so triable.



WHEREFORE, plaintiffdemands judgmentas againstall defendants as follows:

(1) AwardingZombathe actual damages sustainedas a result of the

infringement by Camp West and Harris, ofZomba's exclusive rights inand to the Infringed

Masters;

(2) Directing each defendant to account to Zomba forall copies of "The

Golden Touch" album, and the Infringed Masters, and allderivatives thereof reproduced,

manufactured, marketed, distributed, released, sold, and/or otherwise exploited byoronbehalf

ofCamp West and/or Harris;

(3) Requiring Camp West andHarris to account for andpayoverto Zomba all

revenues derived from defendants' infringing activities received byorpayable toCamp West

and/or Harris, including all gains, profits, and advances derived by their respective infringements

of Zomba's copyrights;

(4) Awarding suchotherdamages, costs and fees (including reasonable

attorneys' fees) as the Court may deem justand proper within the provisions of the Copyright

Act;

(5) Permanently enjoining and restraining CampWestand its officers,

directors, employees, representatives, and agents, and Harris from further exploiting the

Zomba/Gibbs Masters, including without limitation the Infringed Masters;

(6) Ordering the destruction of anyandall physical copies of "TheGolden

Touch" within the possession, custody, and/or control of CampWest

andHarris;

(7) Ordering Camp West andHarris to recall all physical copies of "The

Golden Touch" insofar as the same embody the Infringed Masters;

10



(8) Ordering Camp West and Harris to deliver up toZomba any and all of the

Zomba/GibbsMasters, the original components of the recording and mixing process in respect of

the Zomba/Gibbs Masters in their originally recorded format, as well as all tapes and work parts

ofwhatever nature (including, without limitation, multi-tracks, out-takes, or other tracks

recorded during the term of the Zomba Recording Agreement), and all stereo mixed down tape

masters of the original multi-track recordings, and any final two-track equalized tape copies of

suchrecordings, to the extent in theirpossession, custody and/orcontrol;

(9) Awarding to Zomba damages sustained as a result of Defendants'

conversion of the Zomba/Gibbs Masters, including the Infringed Masters, aswell as any

additional compensatory, special, and/or punitive damages that may be appropriate; and

(10) Awarding such other and further reliefastheCourt deems just and proper.

Dated: New York, New York

September 17, 2013

PROSKAUER ROSE LLP

11

SandraA. Crawshaw-Sparks (SC-1439)Adam W. Deitch (AD-1223)Eleven Times Square

New York, NY 10036

Telephone: (212) 969-3000

Facsimile: (212) 969-2900

Attorneys for Plaintiff



Exhibi t A



Certificate ofRegistration

r£Z**-rThis Certificate issued under the seal of the Copyright

Office in accordance with title 17, UnitedStatesCode,

atteststhat registration hasbeenmade fortheworkidentified below. The information on this certificate has

beenmade a part oftheCopyrightOffice records.

^THomLA-^.*vMRegister ofCopyrights, United States ofAmerica

TitJe

Title ofWork: Remember / Performed by Samantha Jade

Completion/Publication

Au tho r

Year of Completion: 2006

• Author: Zomba Recording LLC

Author Created: sound recording

Work made f or h ir e: Yes

Domici led in : United States

Copyright claimantCopyright Claimant: ZombaRecording LLC

Registration Number

SRu 1-126-128

Ef fec tive da te o f

registration:

June 4, 2013

c/oSonyMusic Entertainment, 550Madison Avenue, NewYork, NY, 10022,United States

Cert i f icat ion

Name: Perry Guzzi

Date: June 4, 2013

Applicant's Tracking Number: PGZ1

Page 1 of



Certificate ofRegistration

Vj™[*s.

r*-7^°

This Certificate issued under theseal oftheCopyrightOfficein accordance with title 17, United States Code,

attests that registration has been made for the work

identified below. The information on this certificate has

beenmadeapart oftheCopyright Office records.

'T tul x ^ {orJJL

Register ofCopyrights, United. States ofAmerica

Tit le —

Title ofWork: Move / Performed by Samantha Jade

Completion/Publication

Au thor

Year ofCompletion: 2006

• Author: ZombaRecording LLC

Author Created: sound recording

Wor k mad e fo r hire: Yes

Domici led in : United States

Copyright claimantCopyright Claimant: Zomba Recording LLC

Registration Number

SRu 1-128-017

Effect ive date o f

registration:

June 18,2013

c/o SonyMusic Entertainment,550MadisonAvenue,NewYork,NY, 10022,United States

Cert i f ica t ion

Name: Perry Guzzi

Date: June 18, 2013

Applicant's Tracking Number: PG.Z2

Page 1 of

Documents

Zomba Recordings v. Camp West