10

\
13
cv
^^
Louis Willacy (SBN 186356)
LOUIS WILLACY, ESQ
360 Grand Avenue, Suite 250
Oakland, California 94610
TEL: (415) 670-9400
Fax:(415)952-9310
louis@iwillacy.corn
Attorney for Plaintiff
SIDNEY EARL SWANSON
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
T!
p
-a
n
b
SIDNEY EARL SWrANSON,
an individual,
J)CV14 01 975'Mm(ZT5y
^"^ Case No. v .>
Plaintiff.
vs.
MJJ PRODUCTIONS, INC., a California
corporation; SONY MUSIC HOLDINGS
INC., a Delaware corporation; TIMOTHY
ZACHERY MOSLEY, an individual; CORY
ROONEY. an individual; and DOES 1
through 10, inclusive,
Defendants.
/
COMPLAINT FOR COPYRIGHT
INFRINGEMENT
DEMAND FOR JURY TRIAL
Plaintiff SIDNEY EARL SWTANSON, for his Complaint against Defendants, and each of
them, alleges as follows:
P.ARTIES
1. Plaintiff SIDNEY EARL SWANSON ("SW.ANSON") isanindividual resident of
THfe State of California.
COMPLAINT FOR COPYRIGHT INFRINGEMENT with DEMAND FOR JURY TRIAL
10
13
14
18
27
^p
2. Defendant MJJ PRODUCTIONS, INC. ("MJJ PRODUCTIONS") is acorporation
organized and existing under the laws ofthe State ofCalifornia, with its principal place of
business located in North Hollywood. California, within this district.
3. Defendant SONY MUSIC HOLDINGS INC. dba SONYMUSIC
ENTERTAINMENT and/or EPIC RECORDS ("SONY") isa corporation organized and
existing under the laws of the State of Delaware, with its principal place of business located in
New York, New York.
4. Upon information and belief, Defendant TIMOTHY ZACHERY MOSLEY
professionally known as TIMABALAND ("TIMBALAND"). is an individual resident of the
State of California.
5. Upon information and belief, Defendant CORY ROONEY ("ROONEY"), whose
full name is Mark Rooney, is an individual resident of the State of New York.
6. The names, residences and capacities of the Defendants named herein as DOES 1
through 10 areunknown to Plaintiff at this time. Plaintiff is informed andbelieves, andthereon
alleges, that each ofthe fictitiously named Defendants isinsome way liable, jointly and
severally, toPlaintiff for the damages alleged herein, either together with, or independently of,
each other Defendant. At such time as the fictitiously named Defendants are identified, Plaintiff
will amend this Complaint to state each of their true names, capacities and residences.
7. At all material times, each Defendant acted as the agent and/or principal of each
other Defendant and each is equally liable for the wrongful acts of the other.
JURISDICTION AND VENUE
8. Subject matter jurisdiction is invoked pursuant to28 U.S.C. 1331 and 1338
because this action is basedon federal copyright law.
COMPLAINT FOR COPYRIGHT INFRINGEMENT with DEMAND FOR JURY TRLAL
10
13
26
21
^p
9. Venue is proper in tins district pursuant to 28 U.S.C. 1391(b)(2) because the
infringement occurred in this district and pursuant to 28 U.S.C. 1391(b)(3) because at least one
defendant resides in this district.
GENERAL AVERMENTS
10. Swanson is the owner ofthe copyright in the composition and sound recording
copyright entitled "Come Home On the Move" (the "Infringed Composition") written by
SWANSON, U.S. Copyright Registration No. PAu002712187, dated September 11, 2002.
Attached hereto as Exhibit "A" is atrue and correct copy of the composition and sound recording
registration for the Infringed Composition.
11. On or about May 2014, Defendants SONY and MJJPRODUCTIONS released for
sale and distribution the sound recording "Chicago," ("Defendants' Sound Recording") featured
as the second track on Xscape, the posthumous album offamed singer-performer Michael
Jackson, which has achieved tremendous financial success.
12. Defendants TIMBALAND andROONEY are two of the artists credited with
creating the Defendants' Sound Recording.
13. Defendants' Sound Recording is, and continuously has beensince it was first
released, offered for sale in vanous media. It continues to this day to beoffered for sale on CDs
and available for downloading from iTunes, Amazonmp3.com, eMusic.com as well asother
internet music providers. On information and belief, Defendants' Sound Recordine still
generates substantial income for all Defendants at this time.
14. On information and belief. Defendants copied and incorporated substantial,
original portions ofthe Infringed Composition in Defendants' Sound Recording. The portions of
the Infringed Composition which have been copied into Defendants' Sound Recording are
COMPLAINT FORCOPYRIGHT INFRINGEMENT withDEMAND FORJURY TRIAL
^^
^B
numerous. There is a substantial similarity between the Infringed Composition and Defendants'
Sound Recording due to Defendants' copying.
15. Defendants' copying, duplication, use, performance and exploitation ofthe
Infringed Composition in Defendants' Sound Recording constitute infringement of
SWANSON's copyright in the Infringed Composition.
FIRST CLAIM FOR RFI TFF
COPYRIGHT INFRINGEMENT
16. Plaintiff repeats and incorporates byreference the allegations contained in
Paragraphs 1through 15 above, as though fully set forth.
17. Plaintiff is, and at all material times hereto has been, the owner ofthe copyright in
the Infringed Composition and is entitled and authorized to protect his composition against
copyright infringement, including the enforcement of copyright actions. Plaintiff secured the
exclusive rights under U.S.C. 106, among others, to "reproduce the copyrighted work in copies
or phonorecords," "toprepare derivative works based upon tire copyrighted work," "todistribute
copies orphonorecords of thecopyrighted work tothe public bysale or other transfer of
ownership, or by rental, lease, or lending," and to "perform the copyrighted work publicly."
18. Plaintiff did not authorize Defendants tocopy, reproduce, perform, or use the
Infringed Composition in Defendants' Sound Recording, or at all. Defendants did not seek or
obtain any permission, consent or license from Plaintiff for the copying, reproduction,
performance or use ofthe Infringed Composition in Defendants' Sound Recording or in any uses
thereof that were made or authorized by Defendants, or at all.
19. Defendants, and each ofthem, have infringed, and are continuing toinfringe
upon. Plaintiffs copyright inthe Infringed Composition by copying, preparing a derivative
COMPLAINT FOR COPYRIGHT INFRINGEMENT with DEMANDFOR JURY TRIAL
10
21
^^
^B
work, reproducing and using, and causing, contributing to, and panicipating in the unauthorized
copying, preparing aderivative work, reproduction and using, ofthe Infringed Composition in
Defendants' Sound Recording and causing the same tobe publicly distributed in retail stores, on
the internet, by digital download and otherwise.
20. Defendants never paid Plaintiff for the use of the Infringed Composition.
Defendants have infringed onPlaintiffs exclusive rights by:
(a) Reproducing Plaintiffs copyrighted work in copies or phonorecords in
violation of 17 U.S.C. 106(1);
(b) Preparing derivative works based on Plaintiffs copyrighted work inviolation
of 17 U.S.C. 106(2);
(c) Distributing copies or phonorecords of Plaintiffs copyrighted work and
derivative work to the public bysale or other transfer ofownership, or by
rental, lease, or lending in violation of 17 U.S.C. 106(3);
(d) Performing Plaintiffs copyrighted work or a derivative thereof publicly in
violation of 17 U.S.C. 106(4); and
(e) Performing Plaintiffs copyrighted work and derivative work publicly by
means of a digital audio transmission in violation of 17 U.S.C. 106(6).
Defendants failed to properly attribute the authorship of Defendants' Sound
21.
ii
Recording to Plaintiff.
23. Defendants' acts of infringement were done, and now continue to be done with
knowledge that such actions constitute an infringement of Plaintiffs exclusive rights and are,
therefore, willful. At a minimum, Defendants acted inreckless disregard ofPlaintiffs copyright,
COMPLAINT FOR COPYRIGHT INFRINGEMENT with DEMAND FOR JURY TRIAL
17
18
20
21
22
23
24
2 5
26
27
^%
^m
24. As a result of their actions. Defendants, and eachof them, are liable to Plaintiff
for willful copyright infringement under 17 U.S.C. 501. Plaintiff suffered, will continue to
suffer and is entitled to recover from Defendant, substantial damage to his professional
reputation and goodwill, as well as losses in an amount yet ascertained, but which will be
determined according toproof, pursuant to 17 U.S.C. 504(b). In addition toPlaintiffs actual
damages. Plaintiff is entitled to receive the profits made by Defendants from their wrongful acts,
pursuant to 17 U.S.C. 504(b).
25. As a direct and proximate result of Defendants' infringement, Plaintiffhas
incurred attorneys' fees and costs, inanamount according to proof, which are recoverable under
the provisions of 17 U.S.C. 505.
WHEREFORE, Plaintiffprays for judgment against Defendants, and each of them,
jointly and severally as follows:
1. For damages insuch amount as may be found, or as otherwise permitted bylaw;
2. For anaccounting of Defendants' profits attributable to their infringements of
Plaintiffs' copyright in the Infringed Composition;
3. For a preliminary and permanent injunction prohibiting Defendants, andtheir
respective agents, servants, employees, officers, successors, licensees and assigns,
and all persons acting in concert or participation with each or any of them, from
continuing to infringe Plaintiffs' copyright inthe Infringed Composition;
4. For Plaintiffs' attorneys' fees, costs, and disbursements in tins action; and
COMPLAINT FOR COPYRIGHT INFRINGEMENT with DEMAND FOR JURY TRIAL
^^
^H
^ For such other remedies under the copyright laws of the United States and'or as the
Court deems reasonable and just.
Respectfully submitted.
A
aw WA
hr
Louis Willacy
LOUIS WILLACY. ESQ.
360 Grand Avenue, Suite 250
Oakland. CA 94610
(415)670-9400
Fax:(415)952-9310
louisin.'wi llacv.com
Attorney for Plaintiff, Sidney Earl Swanson
COMPLAINT FOR COPYRIGHT IN'FRINGF.MEXT with DEMAND FOR JURY TRIAL
^p
0
DEMAND FOR JURY TRIAL
Plaintiff. Sidney Earl Swanson. hereby demands atrial by jury in the above matter.
Dated: September 16. 2014
LOUIS WILLACY. ESQ.
/
By IAaw'A
LOUIS WILLACY
Attorney for Plaintiff Sidney Earl Swanson
/' / i i
/I
21/1i/i
COMPLAINT FOR COPYRIGHT INFRINGEMENT witii DEMAND FORJURY TRIAL
EXHIBIT A
9/10/2014. . ^M cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi ^^
Type of Work: Music
Registration Number / Date:
PAU002712187 / 2002-09-11
Title: Songs by Sidney : vol. 1.
Description: Compact disc.
Notes: Music only.
Copyright Claimant:
Sidney E. Swanson
Date of Creation: 1995
Rights and Permissions:
Rights & permissions info, on original appl. in CO.
Variant title: Songs by Sidney : vol. 1
Names: Swanson, Sidney E.
http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi -;/1
UNITED SlQs DISTRICT COURT, CENTRAL DISTRICT OF AfORNIA
CIVIL COVER SHEET
I. (a) PLAINTIFFS ( Check box if you are representing yourself ["J
SIDNEY EARLSWANSON, an individual
(b) County of Residence of First Listed Plaintiff
(EXCEPTINU.S. PLAINTIFF CASES)
(c) Attorneys{Firm Name, Address and Telephone Number) If you are
representing yourself, provide the same information.
Louis Willacy (SBN186356)
LOUIS WILLACY, ESQ.
360 Grand Avenue, Suite 250, Oakland, CA94610
Telephone: 415.670.9400 Facsimile: 415.952.9310
DEFENDANTS (Check box if you are representing yourself [~J )
SONY MUSIC HOLDINGS INC., a Delaware corporation; MJJ PRODUCTIONS, INC., a
California corporation; TIMOTHY ZACHERY MOSLEY, anindividual; CORY ROONEY, an
individual:and DOES 1 through 10, inclusive.
County of Residence of First Listed Defendant
(IN U.S.PLAINTIFF CASES ONLY)
Attorneys [Firm Name, Address and Telephone Number) If you are
representing yourself, provide the same information.
II. BASIS OFJURISDICTION (Place an Xinone boxonly.)
I 11. U.S. Government
Plaintiff
I 3. Federal Question (U.S.
Government Not a Party)
III. CITIZENSHIP OF PRINCIPAL PARTIES-For Diversity Cases Only
(Place an Xinone boxfor plaintiff and one for defendant)
PTF DEF PTF DEF
Citizen of This State 1 1 '"corporated or Principal Place [-] 4 Fl 4
of Business in this State
Citizen ofAnother State r~]
3 [] 3 Foreign Nation
[J 2 Incorporated and Principal Place D 5 D 5
of Business in Another State
6 6
| | 2. U.S. Government
Defendant
| 14. Diversity (Indicate Citizenship
of Parties in Item III)
IV. ORIGIN(Place an Xin one box only.)
Citizen or Subject of a
Foreign Country
1. Original
Proceeding

2. Removed from
State Court
3. Remanded from
Appellate Court
4. Reinstated or
Reopened
5. Transferred from Another
District (Specify!
6. Multi-
| | District
Litigation
V. REQUESTED IN COMPLAINT: JURY DEMAND: |x] Yes No (Check "Yes" only if demanded incomplaint.)
CLASS ACTION under F.R.Cv.P. 23: [J Yes [x] No QMONEY DEMANDED IN COMPLAINT: $ proven attrial
VI. CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write abrief statement of cause. Do not cite jurisdictional statutes unless diversity.)
Copyright infringement under17U.S.C. 106and 501 basedon Defendants' unauthorized useof Plaintiffs composition.
VII. NATUREOFSUIT (Place an Xin one box only).
OTHER STATUTES
375 False Claims Act
400 State
Reapportionment
410 Antitrust
[~J 430 Banks and Banking
450 Commerce/ICC
Rates/Etc.
I | 460 Deportation
470 Racketeer influ
enced &Corrupt Org.
| | 480 Consumer Credit
490 Cable/Sat TV
850 Securities/Com-

modities/Exchange
r-, 890 Other Statutory
II Actions
891 Agricultural Acts
893 Environmental
Matters
895 Freedom of Info.
Act
896 Arbitration
899 Admin. Procedures
| | Act/Review of Appeal of
Agency Decision
950 Constitutionality of
State Statutes
FOR OFFICE USE ONLY:
CONTRACT
| | 110 Insurance
120 Marine
130Miller Act
140 Negotiable
Instrument
150 Recovery of
|I Overpayment &
Enforcement of
Judgment
[7J 151 Medicare Act
152 Recovery of
[~J Defaulted Student
Loan (Excl. Vet.)
153 Recovery of
I | Overpayment of
Vet. Benefits
160 Stockholders'
Suits
rj 190 Other
Contract
195 Contract
Product Liability
[~J 196Franchise
REAL PROPERTY
[J 210Land
Condemnation
| | 220 Foreclosure
230 Rent Lease &
REAL PROPERTY CONT.
240Torts to Land
|~J 245Tort Product
Liability
[~J 290All OtherReal
Property
TORTS
PERSONAL INJURY
310Airplane
315 Airplane
Product Liability
rI 320 Assault, Libel&
ll Slander
330 Fed. Employers'
Liability
340Marine
345 Marine Product
Liability
350Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Persona I
Injury
362 Personal Injury-
Med Malpratice
365 Personal Injury-
Product Liability
367 Health Care/
II Pharmaceutical
Personal Injury
Product Liability
rn 368Asbestos
I I Personal Injury
itv

Ejectment
Case Number
^pcrnr
IMMIGRATION
462 Naturalization
Application
465 Other
Immigration Actions
TORTS
PERSONAL PROPERTY
370OtherFraud
I I 371 Truth inLending
380 Other Personal

Property Damage
II 385 Property Damage
"I Product Liability
BANKRUPTCY
ii 422 Appeal 28
USC158
423 Withdrawal 28
USC157

CIVIL RIGHTS
440OtherCivil Rights
441 Voting
I | 442 Employment
II 443Housing/
'' Accommodations
445 American with
Disabilities-
Employment
446 American with
Disabilities-Other
ri 448 Education
ofTf 5
CV-71 (06/14)
CIVIL COVER SHEET
PRISONER PETITIONS
Habeas Corpus:
I I 463 Alien Detainee
510 Motions to Vacate
Sentence
530General
535Death Penalty
Other:
540Mandamus/Other
550Civil Rights
1I 555 Prison Condition
560 Civil Detainee
LJ Conditions of
Confinement
FORFEITURE/PENALTY
!_. 625 Drug Related
I I Seizure ofProperty 21
USC 881
690Other
LABOR
710 Fair Labor Standards
Act
I| 720Labor/Mgmt.
L-' Relations
740Railway Labor Act
751 Family and Medical
Leave Act
rI 790 Other Labor
II Litigation
II 791 Employee Ret. In
Security Act
PROPERTY RIGHTS
[x] 820Copyrights
830Patent
840Trademark
SOCIAL SECURITY
861 HIA(1395ff)
862Black Lung (923)
863DIWC/DIWW (405 (g))
864SSID Title XVI
865RSI (405 (g))
FEDERALTAX SUITS
r-, 870 Taxes (U.S. Plaintiff or
II Defendant)
r-i 871 IRS-Third Party 26 USC
<I 7609
wni/Pt&
Paae 1 of 3
UNITED STS DISTRICT COURT, CENTRAL DISTRICT OF ^FORNIA
CIVIL COVER SHEET
VIII. VENUE: Your answers to the questions below will determine the division of the Court to which this case will be initially assigned. This initial assignment is subject
to change, inaccordancewiththe Court's General Orders,upon reviewbythe Courtofyour Complaintor Noticeof Removal.
QUESTION A: Was this case removed
from state court?
Yes [x] No
If"no," skip to Question B. If"yes,"check the
box to the right that applies, enter the
corresponding division in response to
Question E, below, and continue from there.
STATE CASE WAS PENDING INTHE COUNTY OF:
INITIAL DIVISION IN CACD IS:
|~J Los Angeles, Ventura, SantaBarbara, or SanLuis Obispo
Western
QUESTION B: Is the United States, or
one of its agencies or employees, a
PLAINTIFF in this action?
Yes [x] No
If"no," skip to Question C. If"yes," answer
Question B.l, at right
QUESTION C: Is the United States, or
one of its agencies or employees, a
DEFENDANT in this action?
Yes [x] No
If"no," skip to Question D. If"yes," answer
Question C.l, at right.
[~J Orange
| | Riversideor San Bernardino
B.1. Do 50% or more of the defendants who reside in
the district reside in Orange Co.?
checkone of theboxes to theright ""'T'
B.2. Do 50% or more of the defendants who reside in
the district reside in Riverside and/or San Bernardino
Counties? (Consider the two counties together.)
check one of the boxes to the right .
C.I. Do 50% or more of the plaintiffs who reside in the
district reside in Orange Co.?
check one ofthe boxes to the right m^'
C.2. Do 50% or more of the plaintiffs who reside in the
district reside in Riverside and/or San Bernardino
Counties? (Consider the two counties together.)
check one ofthe boxes to the right m^r
Southern
Eastern
YES. Yourcase will initially be assigned to the Southern Division.
[~J Enter "Southern" inresponse to Question E, below, andcontinue
from there.
[~J NO. Continue to Question B.2.
YES. Yourcase willinitiallybe assigned to the Eastern Division.
Enter "Eastern" inresponseto Question E, below, and continue
from there.
NO. Your case will initially be assigned to the Western Division.
Enter "Western" inresponse to Question E, below, andcontinue
from there.
YES. Yourcase will initiallybe assigned to the Southern Division.
Enter "Southern" inresponseto QuestionE, below, and continue
from there.
NO. Continue to Question C.2.
YES. Yourcase willinitiallybe assigned to the Eastern Division.
I I Enter"Eastern" inresponseto QuestionE, below,and continue
from there.
NO. Yourcase willinitiallybe assigned to the Western Division.
[~J Enter "Western" inresponseto Question E, below, and continue
from there.
QUESTION D: Location of plaintiffs and defendants?
A.
Orange County
B.
Riverside or San
Bernardino County
Los Angeles, Ventura,
Santa Barbara, or San
Luis Obispo County
Indicate the location(s) in which 50% or more of plaintiffs who residein this district
reside. (Checkup to two boxes, or leave blank ifnone of these choices apply.)
Indicate the location(s) in which 50% or more of defendants who reside in this
district reside. (Check up to two boxes, or leaveblankifnone of these choices
apply.)
D.I. is there at least one answer in Column A?
Yes px] No
If"yes,"your case will initially be assigned to the
SOUTHERN DIVISION.
Enter "Southern" in response to Question E, below, and continue from there.
If"no," goto question D2 to the right "^
QUESTION E: Initial Division?
Enter the initial division determined by Question A, B, C, or Dabove:
QUESTION F: Northern Counties?

D.2. Is there at least one answer in Column B?
[X] Yes No
If"yes," your case willinitiallybe assigned to the
EASTERN DIVISION.
Enter "Eastern" in response to Question E, below.
If"no,"your case will be assigned to the WESTERN DIVISION.
Enter "Western" In response to Question E, below.
INITIAL DIVISION IN CACD
EASTERN
I
Do 50% ormore ofplaintiffs ordefendants in this district reside in Ventura, Santa Barbara, orSan Luis Obispo counties? [H Yes
No
CV-71 (06/14) CIVIL COVER SHEET
Page 2 of 3

UNITED 5HDISTRICT COURT, CENTRAL DISTRICT OFMFORNIA

CIVIL COVER SHEET
IX(a). IDENTICAL CASES: Has this actionbeen previously filed in this court?
Ifyes, list case number(s):
[x] NO YES
IX(b). RELATED CASES: Is thiscase related (as defined below) to anycases previously filed inthis court?
Ifyes, list case number(s):
NO YES
Civil cases are related when they:
Q A. Arise from the sameor closely related transactions, happening, or event;
[] B. Call for determination ofthe sameor substantially related or similar questions of law andfact; or
Q C. For otherreasons would entail substantial duplication of labor ifheard by different judges.
Check all boxesthat apply. Thatcases may involve the same patent, trademark, or copyright isnot, in itself, sufficient to deemcases
related.
X. SIGNATURE OF ATTORNEY
(OR
IGNATURE OF ATTORNEY | r I
SELF-REPRESENTED LITIGANT): L-VL) t Q> V\J \L- L^H<^W DATE: September 16,2014
Notice to Counsel/Parties: The submission of this Civil Cover Sheet is required by Local Rule3-1. This Form CV-71 and the information contained herein
neither replaces norsupplements the filing andservice of pleadings or other papersas required bylaw, exceptas provided bylocal rules ofcourt. For
more detailed instructions, see separate instruction sheet (CV-071 A).
Keyto Statistical codes relating to Social Security Cases:
Nature of Suit Code Abbreviation Substantive Statement of Cause of Action
All claims forhealthinsurance benefits(Medicare) under Title 18,PartA, of the Social Security Act, as amended. Also,
include claimsbyhospitals, skilled nursingfacilities, etc., for certificationas providers of services under the program.
(42U.S.C1935FF(b))
All claimsfor "Black Lung"benefits under Title4, Part B, of the Federal Coal MineHealthand SafetyAct of 1969.(30U.S C.
923)
All claims filed byinsured workers fordisability insurance benefitsunderTitle 2of the Social Security Act, as amended; plus
all claimsfiledfor child's insurance benefits based on disability. (42 U.S.C. 405 (g))
All claimsfiledfor widows or widowers insurance benefits based on disabilityunder Title2of the SocialSecurityAct, as
amended. (42 U.S.C. 405 (g))
All claims forsupplemental securityincome payments basedupon disability filed underTitle 16ofthe Social Security Act, as
amended.
861
862
863
863
864
865
CV-71 (06/14)
HIA
BL
DIWC
DIWW
SSID
RSI All claimsfor retirement (old age) and survivorsbenefits under Title2 of the SocialSecurityAct, as amended.
(42 U.S.C. 405 (g))
CIVIL COVER SHEET
Page 3 of 3