cowan, liebowitz & latman, p.c. 114 west 47th street new

31653/002/3672438

COWAN, LIEBOWITZ & LATMAN, P.C. 114 West 47th Street New York, NY 10036-1525 (212) 790-9200Eric J. Shimanoff ([email protected])Kieran G. Doyle ([email protected])Joelle A. Milov ([email protected])

Paul D. Polidoro ([email protected]) Watch Tower Bible and Tract Society of Pennsylvania 100 Watchtower Drive Patterson, NY 12563 (845) 306-1000

Attorneys for Plaintiff Watch Tower Bible and Tract Society of Pennsylvania

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

WATCH TOWER BIBLE AND TRACT SOCIETY OF PENNSYLVANIA,

Plaintiff,

-against-

BMG RIGHTS MANAGEMENT (US) LLC; BMG RIGHTS MANAGEMENT (UK) LIMITED; JOHN DOES 1-10; and XYZ CORPORATIONS 1-10,

Defendants.

Civil Action No.

COMPLAINT

1:20-cv-10844

Case 1:20-cv-10844-PAC Document 1 Filed 12/22/20 of 15

1

31653/002/3672438

Plaintiff Watch Tower Bible and Tract Society of Pennsylvania (“Watch Tower” or

“Plaintiff”), by and through its attorneys, Cowan, Liebowitz & Latman, P.C., for its Complaint

against Defendants BMG Rights Management (US) LLC (“BMG US”), BMG Rights Management

(UK) Limited (“BMG UK,” and with BMG US, sometimes collectively referred to herein as

“BMG”), John Does 1-10 (“Does”) and XYZ Corporations 1-10 (“XYZ Corporations,” and with

BMG and Does, sometimes collectively referred to herein as “Defendants”), alleges as follows:

NATURE OF THE ACTION

1. This is a civil action for copyright infringement in violation of the Copyright Act,

17 U.S.C. § 101 et seq. This litigation seeks relief against Defendants’ infringement of Plaintiff’s

registered copyrights in the musical composition entitled “Listen, Obey and Be Blessed.” Without

authorization, Defendants have recorded Plaintiff’s original and registered musical composition of

“Listen, Obey and Be Blessed” in a sound recording, have reproduced, distributed and publicly

performed Plaintiff’s musical composition in the infringing sound recording and are causing and

purportedly licensing others to do the same. Such actions not only infringe Plaintiff’s copyrights

in the musical composition but have caused Plaintiff reputational harm. Plaintiff, accordingly,

seeks preliminary and permanent injunctive relief and damages for willful copyright infringement.

PARTIES

2. Plaintiff Watch Tower is a Pennsylvania non-profit corporation with offices at 200

Watch Tower Drive, Patterson, New York 12563 USA.

3. Upon information and belief, Defendant BMG US is a Delaware corporation

registered as a foreign corporation in New York with offices at One Park Avenue, New York, NY

10016, USA.


2

31653/002/3672438

4. Upon information and belief, Defendant BMG UK is a United Kingdom limited

company with offices at 5 Merchant Square, 8th Floor, London, England, W2 1AS, UK.

5. Upon information and belief, Defendants Does are individuals who reside or do or

transact business in this District, and have engaged and participated in, directly or contributorily,

the unlawful acts set forth herein. The true identities of Defendants Does are not presently known

to Plaintiff. Plaintiff will amend its complaint upon discovery of the identities of such Defendants.

6. Upon information and belief, Defendants XYZ Corporations are businesses that

reside or do or transact business in this District, and have engaged and participated in, directly or

contributorily, the unlawful acts set forth herein. The true identities of Defendants XYZ

Corporations are not presently known to Plaintiff. Plaintiff will amend its complaint upon

discovery of the identities of such Defendants.

7. Upon information and belief, Defendants, while engaging and participating in the

unlawful acts set forth herein, were agents and collaborators of one another.

JURISDICTION AND VENUE

8. This Court has original jurisdiction over claims arising under the Copyright Act

pursuant to 28 U.S.C. §§ 1331 and 1338.

9. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b) and (c).

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

and belief, Defendants, in person or through an agent: (a) do business or reside in New York

pursuant to NY CPLR 301; (b) have transacted business, and have offered to supply goods, in New

York pursuant to NY CPLR 302(a)(1); (c) have committed tortious acts within New York pursuant

to NY CPLR 302(a)(2); and/or (d) have committed tortious acts without New York causing injury


3

31653/002/3672438

to Watch Tower in New York, and (i) regularly do or solicit business, or engage in other

persistent courses of conduct, or derive substantial revenue from goods used or consumed or

services rendered, in New York, or (ii) expect or should reasonably expect their acts described

herein to have consequences in New York and derive substantial revenue from interstate or

international commerce, pursuant to NY CPLR 302(a)(3).

FACTUAL BACKGROUND

11. Watch Tower is a non-profit corporation that is responsible for the creation,

publication and protection of original works of authorship that support the work of Jehovah’s

Witnesses.

12. Watch Tower, over decades, has created and published myriad original works of

authorship, including literary works, works of visual art, musical compositions, sound recordings

and motion pictures, and has secured over 3,300 federal copyright registrations for its works.

13. Under the Copyright Act, Watch Tower has the exclusive rights, among other

things, to “reproduce the copyrighted work[s] in copies or phonorecords,” to “distribute copies or

phonorecords of the copyrighted work[s] to the public” and “to perform the copyrighted work[s]

publicly,” as well as to authorize or license others to engage in such activities. 17 U.S.C. § 106

14. Many of the original works created by Watch Tower are published, reproduced

and distributed pursuant to license by third party Watchtower Bible and Tract Society of New York

(“Watchtower NY”) and other approved licensees, including via physical copies, mobile

applications and the website at www.jw.org.

15. In line with the bible-based teachings and practices of Jehovah’s Witnesses

Watch Tower: (a) does not commercialize its original works of authorship; (b) does not allow


4

31653/002/3672438

its original works of authorship to be used in conjunction with other religions or expressions

thereof; and (c) does not allow its original works of authorship to be used in conjunction with

the celebration of Christmas, a holiday that is not observed by Jehovah’s Witnesses. Watch

Tower’s engagement in such activities would be viewed as antithetical to the bible-based

teachings and practices of Jehovah’s Witnesses, and thus hypocritical, causing Watch Tower

to be viewed in a significantly negative light, including by millions of Jehovah’s Witnesses

world-wide.

16. Watch Tower is the author and copyright owner of the musical composition “Listen,

Obey and Be Blessed” (the “Composition”). The Composition was published as part of a

compilation of sheet music entitled “‘Sing Out Joyfully’ to Jehovah” (the “Song Book”) for use

by Jehovah’s Witnesses and their congregations.

17. Watch Tower is the owner of U.S. Copyright Registration PA 2-128-025, effective

as of May 8, 2017, for the Song Book, which covers the Composition (the “Registration”). True

and correct copies of the Registration and the Composition as it appears in the Song Book are

attached hereto as Exhibit A.

18. Watch Tower also is the author of and owner of several other copyright registrations

for original works of authorship concerning or embodying the Composition, including: (a) U.S.

Copyright Registration SR 864-110 for a sound recording entitled “‘Sing Out Joyfully’ to Jehovah:

Song 089, Listen, Obey and Be Blessed,” effective as of December 30, 2019; (b) U.S. Copyright

Registration PA 2-805-845 for a motion picture entitled “Become Jehovah’s Friend Song 089.

Listen, Obey and Be Blessed,” effective as of November 8, 2017; and (c) U.S. Copyright

Registration TX 7-055-704 for text and artwork associated with the book “Sing to Jehovah,”


5

31653/002/3672438

effective as of September 15, 2009.

19. Watch Tower has licensed only Watchtower NY and other approved licensees to

make phonorecords of, to publish, to reproduce and to distribute the Composition. Watch Tower

has not authorized any other party to do the same.

20. Upon information and belief, BMG is, among other things, a record label that

records and distributes sound recordings world-wide, including in the United Kingdom and the

United States, including in this District.

21. Upon information and belief, BMG’s roster of recording artists has included such

well-known, successful and profitable musicians as Dido, Lenny Kravitz, Alice in Chains, Cypress

Hill, Rick Astley, blink-182, Morrissey, Kylie Minogue, Nickelback, Andy Grammer, Iron

Maiden, Ringo Starr, Avril Lavigne, Cat Stevens, Michael McDonald, Black Sabbath, Fergie,

Fantasia, John Legend, Katharine McPhee, Boy George, David Bowie and David Crosby.

22. Upon information and belief, BMG has derived substantial revenue valued at

billions of dollars from sound recording and musical composition licensing, sales and other

exploitation in the United States and New York.

23. Upon information and belief, BMG US and BMG UK act as agents of each other

when engaging in business concerning the other’s territory, including in connection with the

recording, reproduction, distribution and public performance of sound recordings and musical

compositions owned or controlled by either entity, and have acted as agents of each other in

connection with the infringement alleged herein.

24. Upon information and belief, BMG is the record label for the album “Blessings”

(the “Album”) recorded by the artist Aled Jones (“Jones”).


6

31653/002/3672438

25. Upon information and belief, BMG and/or Jones have marketed the Album as an

album of interfaith music.

26. Upon information and belief, Jones, BMG and/or one or more of the Defendants

have described the Album as follows:

Blessings touches on a range of faiths and beliefs - Quaker, Christian, Catholic, Muslim, Buddhism – through a range of uplifting hymns, texts and scriptures set to music.

27. Jones’ official website at www.officialaledjones.com touts the Album as

“Featuring a range of uplifting hymns, texts and scriptures set to music, the album touches on a

range of faiths and beliefs.”

28. Upon information and belief, tracks on the Album include the Protestant hymn

“How Can I Keep From Singing?,” the Roman Catholic hymn “Ave Maria,” the Christian hymn

“Bless this House,” the Welsh religious hymn “Anfonaf Angel” and the Christmas hymn “Silent

Night,” among other spiritual and religious songs.

29. Upon information and belief, BMG and/or Jones have marketed the Album as a

“Christmas” album, including without limitation by releasing the Album seven weeks before

Christmas, touting the Album as “the perfect Christmas gift,” having Jones perform songs from

the Album at events and appearances associated with or evocative of Christmas, recording on the

Album numerous songs and hymns associated with or about Christmas or Jesus Christ and

requesting consumers add tracks from the Album to their “favourite Christmas playlist.”

30. Upon information and belief, Jones is known for his “Christmas” albums and has

released at least two prior albums with “Christmas” in the title: “The Christmas Album” (2004)

and “Aled’s Christmas Gift” (2010). Upon information and belief, Jones also has been featured


7

31653/002/3672438

on an album entitled “Jubilate – 500 Years of Cathedral Music” (2017).

31. Upon information and belief, to increase its marketability and popularity, the

Album features performances by the Academy Award winning actress Judi Dench, Britain’s Got

Talent finalist Susan Boyle and the best-selling Catholic artists The Priests.

32. Upon information and belief, Jones and/or BMG have marketed and promoted and

continue to market and promote Jones’ live concert tour of songs from the Album to be performed

in various cathedrals in the United Kingdom; the tour is called the “Cathedral Tour.”

33. One track on the Album is an unauthorized reproduction in a sound recording of

Watch Tower’s Composition “Listen, Obey and Be Blessed” (the “Infringing Sound Recording”).

34. Copies of the cover art for the Album appear below, in which Album BMG UK

claims to be the copyright owner:


8

31653/002/3672438

35. Upon information and belief, BMG produced the Album and the Infringing Sound

Recording, including by recording the Composition in the Infringing Sound Recording or

providing Jones the financial and practical means therefor.

36. Upon information and belief, BMG reproduced and made copies of the

Composition in the Infringing Sound Recording, including via CD and digital audio files, including

in the United States and this District and world-wide.

37. Upon information and belief, BMG reproduced, distributed and publicly

performed the Composition in the Infringing Sound Recording via CD and digital audio files

themselves, including in the United States and this District and world-wide.

38. Upon information and belief, BMG also reproduced, distributed and publicly

performed the Composition in the Infringing Sound Recording via CD and digital audio files via

numerous third parties, including without limitation retailer and music streaming and download

platforms such as Amazon, Apple Music, iTunes, YouTube (Google), Spotify, deezer and Jones’

own website (or links thereto), including in the United States and this District and world-wide.

39. Upon information and belief, BMG purported to authorize and provide license for

these third parties’ reproduction, distribution and public performance of the Composition in the

Infringing Sound Recording in exchange for payments to BMG and other consideration.

40. Upon information and belief, BMG purported to authorize and provide license for


9

31653/002/3672438

BMG’s affiliates’ reproduction, distribution and public performance of the Composition in the

Infringing Sound Recording.

41. Upon information and belief, BMG has received significant revenue from the sale

and licensing of the Composition in the Infringing Sound Recording, including in the United States

and this District and world-wide.

42. Neither Watch Tower nor any of its approved licensees has given BMG or Jones,

or any person or entity associated therewith, permission to embody the Composition in the

Infringing Sound Recording or to reproduce, distribute or publicly perform the Composition in the

Infringing Sound Recording or otherwise.

43. Upon information and belief, BMG first distributed the Album and the Infringing

Sound Recording via physical CD and digital audio files on or about November 6, 2020.

44. Before the Album was released, on behalf of Watch Tower, Watch Tower Bible

and Tract Society of Britain sent a letter to Jones’ manager, putting Jones on notice that Watch

Tower was the owner of all copyrights in the Composition, that the Composition was registered

with the Copyright Office, that Watch Tower had not granted Jones permission to use the

Composition in any manner and that Watch Tower objected to Jones’ recording and reproduction

of the Composition in the Infringing Sound Recording. Upon information and belief, Jones’

manager sent a copy of this letter to BMG before the Album was released.

45. In response to Watch Tower’s demand letter, BMG UK has claimed that BMG UK

purportedly obtained a license to record, reproduce and publicly perform the Composition in the

Infringing Sound Recording from a German collective rights society called GEMA, which, upon

information and belief, represents various copyright owners in licensing musical compositions for


10

31653/002/3672438

use in sound recordings and public performances. BMG UK has not provided any proof of its

purported license from GEMA and instead has told Watch Tower to contact GEMA directly.

46. Neither Watch Tower nor its approved licensees have given GEMA, or any person

or entity associated therewith or who licenses content thereto, permission to embody the

Composition in the Infringing Sound Recording or to reproduce, to distribute or to publicly

perform the Composition in the Infringing Sound Recording or otherwise. Thus, BMG UK could

not have obtained any license to use the Composition from GEMA.

47. Based on Watch Tower’s subsequent inquiries to GEMA, upon information and

belief, BMG attempted to obtain a license from GEMA to use the Composition, but GEMA

ultimately denied BMG’s request since GEMA did not have the right to license the work.

48. Also in response to Watch Tower’s demand letter, BMG UK informed Watch

Tower that BMG UK’s “colleagues in the United States,” namely BMG US, were in the process

of obtaining a compulsory mechanical license to use the Composition in connection with the

Infringing Sound Recording pursuant to Section 115 of the Copyright Act, 17 U.S.C. § 115.

Section 115 of the Copyright Act creates a statutory scheme whereby, subject to various conditions

and limitations, including notice of intent to record and the payment of royalties, a third party can

record their own version of a musical composition previously recorded and distributed to the

public.

49. However, neither BMG UK nor BMG US followed the statutory procedures

necessary to obtain a compulsory mechanical license to use the Composition in connection with

the Infringing Sound Recording pursuant to Section 115 of the Copyright Act.

50. Without limitation, BMG did not serve a timely notice of intent pursuant to 17


11

31653/002/3672438

U.S.C. § 115(b)(1) & (2) that contained the content and information required by 37 C.F.R. §

201.18. The date by which BMG would have been required to serve a notice of intent to obtain a

compulsory mechanical license has now passed.

51. Pursuant to 17 U.S.C. § 115(b)(4), the failure to timely and properly serve a notice

of intent forecloses the possibility of a compulsory mechanical license under Section 115, making

Defendants infringers under the Copyright Act. See 17 U.S.C. § 115(b)(4) (“the failure to obtain

a compulsory license renders the making and distribution of phonorecords . . . actionable as acts

of infringement under section 501 and subject to the remedies provided by sections 502 through

506”).

52. Defendants’ recording, reproduction and public performance of the Composition in

the Infringing Sound Recording has caused significant harm to Watch Tower, including harm to

its reputation.

53. Upon information and belief, Defendants’ infringing acts have caused and are likely

to cause numerous Jehovah’s Witnesses and members of the public to believe mistakenly that

Defendants’ use of the Composition on the Infringing Sound Recording was licensed or otherwise

authorized by Watch Tower. As noted above, such license or authorization would be antithetical

to the teachings and practices of Jehovah’s Witnesses, including a literal interpretation of the

Bible, including by commercializing the Composition, allowing the Composition to be used

in conjunction with works of other faiths on the Album and allowing the Composition to be

used in connection with the Christmas holiday.

54. Jehovah’s Witnesses and members of the public who believe mistakenly that

Defendants’ use of the Composition on the Infringing Sound Recording was licensed or otherwise


12

31653/002/3672438

authorized by Watch Tower have viewed and likely will view Watch Tower in a negative light,

including as hypocritical and engaging in activities antithetical to the teachings and practices of

Jehovah’s Witnesses, including a literal interpretation of the Bible.

55. Upon information and belief, Defendants’ infringing acts have caused and are likely

to cause other Jehovah’s Witnesses and members of the public to believe mistakenly that Watch

Tower is not enforcing its copyrights and protecting and supporting the efforts of Jehovah’s

Witnesses, contrary to its mission and purpose. These mistaken perceptions also have caused and

are likely to cause those persons to view Watch Tower in a negative light.

56. Defendants’ acts described herein were committed without the permission, license

or consent of Watch Tower, or any approved licensee, including Watchtower NY.

57. Upon information and belief, Defendants’ acts described herein were committed

with knowledge or in reckless disregard of Watch Tower’s exclusive rights in the Composition

and objections to the Infringing Sound Recording.

58. Upon information and belief, by virtue of their unlawful conduct described above,

Defendants have made or will make substantial profits and gains to which they are not in law or

equity entitled, including without limitation in the form of revenue from CD and digital audio file

sales and license fees.

59. Upon information and belief, as a result of Defendants’ unlawful actions described

above, Plaintiff has been and/or will be damaged and has suffered, and will continue to suffer,

immediate and irreparable injury for which Plaintiff has no adequate remedy at law.

CLAIM FOR RELIEF (Copyright Infringement)

60. Watch Tower repeats and realleges the assertions contained in paragraphs 1 through


13

31653/002/3672438

59 above as if fully set forth herein.

61. Watch Tower is the author of, and sole owner of all right, title and interest in and

to the copyrights in, the Composition. Under 17 U.S.C. § 106, Watch Tower has the exclusive

right, inter alia, to record, to copy, to distribute and to publicly perform the Compositions.

62. Defendants’ unauthorized recording, copying, distribution and public performance

of the Composition in the Infringing Sound Recording infringes Watch Tower’s exclusive rights

under Section 106 of the Copyright Act, 17 U.S.C. § 106, in violation of Section 501 of the

Copyright Act, 17 U.S.C. § 501.

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff’s

favor and against Defendants as follows:

A. For a preliminary and permanent injunction enjoining Defendants and their agents,

servants, employees, officers, directors, attorneys, successors, assigns, licensees and all others in

active concert or participation with any of them from any further reproduction, copying,

distribution, performance or exploitation of the Composition and the Infringing Sound Recording.

B. Award to Watch Tower, pursuant to 17 U.S.C. § 504(c), its actual damages incurred

as a result of Defendants’ acts of copyright infringement, and all profits Defendants realized as a

result of such unlawful acts, in amounts to be determined at trial; or, in the alternative, award to

Watch Tower, at its election, statutory damages pursuant to 17 U.S.C. § 504(c); each with pre-

judgment and post-judgment interest thereon.

C. Award to Watch Tower, pursuant to 17 U.S.C. § 505, its costs and attorneys’ fees

incurred as a result of Defendants’ unlawful acts.


14

31653/002/3672438

D. Award to Watch Tower such other and further relief as the Court may deem just

and proper.

Dated: New York, New York Respectfully submitted, December 22, 2020 COWAN, LIEBOWITZ & LATMAN, P.C.

By: s/ Eric J. Shimanoff Eric J. Shimanoff ([email protected])

Kieran G. Doyle ([email protected]) Joelle A. Milov ([email protected]) 114 West 47th Street New York, NY 10036 (212) 790-9200 Paul D. Polidoro ([email protected]) Watch Tower Bible and Tract Society of Pennsylvania 100 Watchtower Drive Patterson, NY 12563 (845) 306-1000 Attorneys for Plaintiff Watch Tower Bible and Tract Society of Pennsylvania


EXHIBIT A

Case 1:20-cv-10844-PAC Document 1-1 Filed 12/22/20 Page 1 of 9

Registration#: PA0002128025

Service Request #: 1-4684521351

Watch Tower Bible and Tract Society of PennsylvaniaRichard D. Moake100 Watchtower DrivePatterson, NY 12563 United States


----:

--:

--------:

-I

E:

--:

---:

--------E

----:

-----:

---


Certificate of

Title

Registration

This Certificate issued under the seal of the CopyrightOffice in accordance with title v,United States Code,

attests that registration has been made for the workidentified below. The information on this certi{icate has

been made a part of the Copyright Office records.

{*/*-xtin{lnitedstates Register of Copyrights and Director

Registration Number

PA 2-r28-02sEffective Date of Registration:May 08,2017

STAT

#iWfo"f.+'

Title of Work: "Sing Out Joyfully" to Jehovah

Com pletion/Pu bl icatio n

Author

Year of Completion: 2016Date of lst Publication: October 03,2016

Nation of l't Publication: United States

r fluthor:Author Created:

Work made for hire:Citizen of:

Domiciled in:

Watch Tower Bible and Tract Society of Pennsylvaniamusic, lyrics, musical arrangementYesUnited StatesUnited States

Copyright Claimant

Copyright Claimant: Watch Tower Bible and Tract Society of Pennsylvania100 Watchtower Drive, Patterson, NY, 12563, United States

Limitation of copyright claim

Material excluded from this claim:

New material included in claim:

Rights and Permissions

Organization Name:Name:Email:

Telephone:Address:

music, lyrics, musical arrangement

music, lyrics, musical arrangement

Watch Tower Bible and Tract Society of PennsylvaniaRichard D. Moakeinboxlglcopyright @jw.org(84s)306-1000 ,

100 Watchtower DrivePatterson, NY 12563 United States

Page 1 of 2


Certif ication

Name: Philip BrumleyDate: May 05,2017

Correspondence: Yes

------------------------------------EE

-----E

Page 2 of 2


Watchtower Bible and Tract Society ofNew York, Inc., Wallkill, New York, U.S.A.Made in the United States of America

This publication is not for sale. It is provided as part of a worldwideBible educational work supported by voluntary donations.

To make a donation, please visit www.jw.org.

“Sing Out Joyfully” to Jehovah (large size)July 2016 PrintingEnglish (sjjls-E)

� 2016Watch Tower Bible and Tract Society of Pennsylvania

Publishers

— 1 C H R O N I C L E S 1 5 : 1 6


°

¢

°

¢

°

¢

°

¢

44

44

&## A13sus4 A7 D Bm Gma7 Em/G A7 A#º

?##

&## Bm D/A G B7¨9¨13

?##

&## Em Em/D Em/C# F#7 E/G# F#7/A#

?##

&## Bm7 E7 Em11 G/A A7

?##

œj œœ œœ œ œ œ œ œ œ œj œ ™ œ‰ œj œœ œ

‰ œœ œ œ œ œ œ œ œ œ œ œ œ œ œœ œœ#

œ œ œ œ œ œ ˙ ‰ œj œœn œ

œ œ œ œ œn œ œn œ œ œ œ œ œ œœœ#

œ œ œ œ œ œ œj œ ™ œ#‰ œj œœ œœ

œ œ œ œ œn œ œ œ œ œ œ œ œ œ# œ#

œ œ œ œ œœ œœ w˙ œœ œœ

œj œ œnJ œ#J œ œj œ œ œ œ ˙n

89 Listen,Obey, and Be Blessed(Luke 11:28)

If we have lis - tened to Christ, will we show it? His teach - ingOur way of life, like a house, gives pro - tec - tion When it isJust as a tree root - ed deep by the wa - ters Gives of its

shines as it shows us the way. It makes usbuilt on the rock, not on sand. If we ap -fruit when each sea - son ar - rives, If we o -

hap - py to hear and to know it, But we’ll beply Je - sus’ lov - ing di - rec - tion, We’ll build abey as God’s own sons and daugh - ters, We’ll all be

blessed if we know and o - bey.life which on bed - rock will stand.

blessed and en - joy end - less lives.


°

¢

°

¢

°

¢

°

¢

&## D Em7 A7/E F#m7 Bm7

?##

&## Em7 D/F# G G/A A7

?##

&## D Em7 A7/E D/F# D13sus4

nD7 G

?##

&## D/A G/A A7 D

?##

œ œ œ œ œ œ w

œJœ œJ œJ

œ œJ œ œ œ œ œ œ œ œ

œ œ œ œœœ œœ œ w ˙

œj œ œJ œ œ œ œ œ œ œ œ œ œ œ

œ œ œ œ œ œ œ œœœ œœ ˙

œJœ œJ œJ

œ œJ œ œœ œ œ œ œ œ œ œ

Óœœ œœ œœ œ œœ# œœ ˙‰œ œ

œj œ œJ œj œ œJ œ œ œ ‰

Listen, Obey, and Be Blessed

Chorus

(See also Deut. 28:2; Ps. 1:3; Prov. 10:22; Matt. 7:24-27; Luke 6:47-49.)

Lis - ten, o - bey, and be blessed

When you hear God’s will ex - pressed.

If you’d be hap - py and en - ter his rest,

Lis - ten, o - bey, and be blessed.


JS 44C/SDNY REV. 10/01/2020

CIVIL COVER SHEETThe JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for use of the Clerk of Court for the purpose of initiating the civil docket sheet.

PLAINTIFFS DEFENDANTS

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

CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE)(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

Has this action, case, or proceeding, or one essentially the same been previously filed in SDNY at any time? No X YesJudge Previously Assigned

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

IS THIS AN INTERNATIONAL ARBITRATION CASE? No Yes

(PLACE AN [x] IN ONE BOX ONLY) NATURE OF SUIT

CONTRACT

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

INSTRUMENT[ ] 150 RECOVERY OF

OVERPAYMENT &ENFORCEMENTOF JUDGMENT

[ ] 151 MEDICARE ACT[ ] 152 RECOVERY OF

DEFAULTEDSTUDENT LOANS(EXCL VETERANS)

[ ] 153 RECOVERY OFOVERPAYMENTOF VETERAN'SBENEFITS

[ ] 160 STOCKHOLDERSSUITS

[ ] 190 OTHERCONTRACT

[ ] 195 CONTRACTPRODUCTLIABILITY

[ ] 196 FRANCHISE

REAL PROPERTY

[ ] 210 LANDCONDEMNATION

[ ] 220 FORECLOSURE[ ] 230 RENT LEASE &

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

LIABILITY[ ] 290 ALL OTHER

REAL PROPERTY

TORTS

PERSONAL INJURY

[ ] 310 AIRPLANE[ ] 315 AIRPLANE PRODUCT

LIABILITY[ ] 320 ASSAULT, LIBEL &

SLANDER[ ] 330 FEDERAL

EMPLOYERS'LIABILITY

[ ] 340 MARINE[ ] 345 MARINE PRODUCT

LIABILITY[ ] 350 MOTOR VEHICLE[ ] 355 MOTOR VEHICLE

PRODUCT LIABILITY[ ] 360 OTHER PERSONAL

INJURY

ACTIONS UNDER STATUTES

CIVIL RIGHTS

PERSONAL INJURY

[ ] 365 PERSONAL INJURYPRODUCT LIABILITY

[ ] 368 ASBESTOS PERSONALINJURY PRODUCTLIABILITY

PERSONAL PROPERTY

[ ] 370 OTHER FRAUD[ ] 371 TRUTH IN LENDING

[ ] 380 OTHER PERSONALPROPERTY DAMAGE

[ ] 385 PROPERTY DAMAGEPRODUCT LIABILITY

PRISONER PETITIONS

[ ] 510 MOTIONS TOVACATE SENTENCE28 USC 2255

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

PRISONER CIVIL RIGHTS

[ ] 550 CIVIL RIGHTS[ ] 555 PRISON CONDITION

FORFEITURE/PENALTY

21 USC 881

LABOR

[ ] 710 FAIR LABORSTANDARDS ACT

[ ] 720 LABOR/MGMTRELATIONS

[ ] 740 RAILWAY LABOR ACT[ ] 751 FAMILY MEDICAL LEAVE ACT (FMLA)

[ ] 790 OTHER LABORLITIGATION

[ ] 791 EMPL RET INCSECURITY ACT (ERISA)

IMMIGRATION

[ ] 462 NATURALIZATIONAPPLICATION

[ ] 465 OTHER IMMIGRATIONACTIONS

CONDITIONS OF CONFINEMENT

ACTIONS UNDER STATUTES

BANKRUPTCY

[ ] 422 APPEAL28 USC 158

[ ] 423 WITHDRAWAL28 USC 157

PROPERTY RIGHTS

[ ] 820 COPYRIGHTS[ ] 830 PATENT

[ ] 840 TRADEMARKSOCIAL SECURITY

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

FEDERAL TAX SUITS

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

[ ] 871 IRS-THIRD PARTY26 USC 7609

OTHER STATUTES

[ ] 400 STATEREAPPORTIONMENT

[ ] 410 ANTITRUST[ ] 430 BANKS & BANKING[ ] 450 COMMERCE[ ] 460 DEPORTATION[ ] 470 RACKETEER INFLU-

ENCED & CORRUPTORGANIZATION ACT(RICO)

[ ] 480 CONSUMER CREDIT

[ ] 490 CABLE/SATELLITE TV[ ] 850 SECURITIES/

COMMODITIES/EXCHANGE

[ ] 890 OTHER STATUTORYACTIONS

[ ] 891 AGRICULTURAL ACTS[ ] 893 ENVIRONMENTAL

MATTERS[ ] 895 FREEDOM OF

INFORMATION ACT[ ] 896 ARBITRATION[ ] 899 ADMINISTRATIVE

PROCEDURE ACT/REVIEW OR APPEAL OF AGENCY DECISION

Check if demanded in complaint:

CHECK IF THIS IS A CLASS ACTIONDO YOU CLAIM THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y. AS DEFINED BY LOCAL RULE FOR DIVISION OF BUSINESS 13?

UNDER F.R.C.P. 23 IF SO, STATE:

DEMAND $______________ OTHER ______________ JUDGE _________________________________ DOCKET NUMBER_________________

Check YES only if demanded in complaintJURY DEMAND: YES NO NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32).

[ ] 690 OTHER

[ ] 625 DRUG RELATEDSEIZURE OF PROPERTY

[ ] 560 CIVIL DETAINEE

DISABILITIES -OTHER[ ] 446 AMERICANS WITH

EMPLOYMENTDISABILITIES -

[ ] 445 AMERICANS WITHACCOMMODATIONS

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

[ ] 440 OTHER CIVIL RIGHTS (Non-Prisoner)

[ ] 375 FALSE CLAIMS

[ ] 448 EDUCATION

[ ] 463 ALIEN DETAINEE

[ ] 362 PERSONAL INJURY -MED MALPRACTICE

[ ] 367 HEALTHCARE/PHARMACEUTICAL PERSONAL INJURY/PRODUCT LIABILITY

[ ] 950 CONSTITUTIONALITY OF STATE STATUTES

[ ] 376 QUI TAM

[ ] 835 PATENT-ABBREVIATED NEW DRUG APPLICATION

[ ] 485 TELEPHONE CONSUMER PROTECTION ACT

[ ] 880 DEFEND TRADE SECRETS ACT

WATCH TOWER BIBLE AND TRACT SOCIETY OF PENNSYLVANIA BMG RIGHTS MANAGEMENT (US) LLC; BMG RIGHTS MANAGEMENT (UK) LIMITED; JOHN DOES 1-10; and XYZ CORPORATIONS 1-10

Eric J. Shimanoff, Kieran Doyle and Joelle Milov Cowan, Liebowitz & Latman, P.C. 114 West 47th Street. New York, NY 10036-1525 (212) 790-9200

Copyright Act, 17 U.S.C. § 101 eq. seq. - Copyright Infringement

✖

✖

✖

X

Case 1:20-cv-10844-PAC Document 2 Filed 12/22/20 Page 1 of 2

(PLACE AN x IN ONE BOX ONLY) ORIGIN1 Original

Proceeding2 Removed from

State Court

a. all parties represented

b. At least one party is pro se.

3 Remanded from Appellate Court

4 Reinstated or Reopened

5 Transferred from (Specify District)

6 Appeal to District Judge from Magistrate Judge

(PLACE AN x IN ONE BOX ONLY) BASIS OF JURISDICTION IF DIVERSITY, INDICATE1 U.S. PLAINTIFF 2 U.S. DEFENDANT 3 FEDERAL QUESTION 4 DIVERSITY

(U.S. NOT A PARTY)CITIZENSHIP BELOW.

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)

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

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

FOREIGN COUNTRY OF BUSINESS IN ANOTHER STATE

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

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

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

DEFENDANT(S) ADDRESS UNKNOWNREPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN THE RESIDENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

Check one: THIS ACTION SHOULD BE ASSIGNED TO: WHITE PLAINS MANHATTAN

DATE

RECEIPT #

SIGNATURE OF ATTORNEY OF RECORDADMITTED TO PRACTICE IN THIS DISTRICT[ ] NO[ ] YES (DATE ADMITTED Mo. _______ Yr. _______)Attorney Bar Code #

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

Magistrate Judge _________________________________________________________ is so Designated.

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

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

COURTHOUSE ASSIGNMENTI hereby certify that this case should be assigned to the courthouse indicated below pursuant to Local Rule for Division of Business 18, 20 or 21.

8

7Multidistrict Litigation (Transferred)

Multidistrict Litigation (Direct File)

✖

✖

Watch Tower Bible and Tract Society of Pennsylvania, 200 Watch Tower Drive, Patterson, New York 12563 - Putnam County

BMG US, One Park Avenue. New York, NY 10016 - New York County BMG UK, 5 Merchant Square, 8th Floor, London, England, W2 1AS, UK

JOHN DOES 1-10 XYZ Corporations 1-10

✖

✖ 08 2003ES 4558

12/22/2020


AO 121 ( 6/ )

TO:

REPORT ON THE

FILING OR DETERMINATION OF AN

ACTION OR APPEAL

REGARDING A COPYRIGHT

In compliance with the provisions of 17 U.S.C. 508, you are hereby advised that a court action or appeal has been filed

on the following copyright(s):

COURT NAME AND LOCATION

G ACTION G APPEAL

DOCKET NO. DATE FILED

PLAINTIFF DEFENDANT

COPYRIGHT

REGISTRATION NO.TITLE OF WORK AUTHOR OR WORK

1

2

3

4

5

In the above-entitled case, the following copyright(s) have been included:

DATE INCLUDED INCLUDED BY

G Amendment G Answer G Cross Bill G Other Pleading

COPYRIGHT

REGISTRATION NO.TITLE OF WORK AUTHOR OF WORK

1

2

3 .

In the above-entitled case, a final decision was rendered on the date entered below. A copy of the order or judgment

together with the written opinion, if any, of the court is attached.

COPY ATTACHED WRITTEN OPINION ATTACHED DATE RENDERED

G Order G Judgment G Yes G No

CLERK (BY) DEPUTY CLERK DATE

1) Upon initiation of action, 2) Upon filing of document adding copyright(s), 3) Upon termination of action,

mail copy to Register of Copyrights mail copy to Register of Copyrights mail copy to Register of Copyrights

DISTRIBUTION:

4) In the event of an appeal, forward copy to Appellate Court 5) Case File Copy

✔ USDC-Southern District of New York

1:20-cv-10844 12/22/2020

WATCH TOWER BIBLE AND TRACT SOCIETY OFPENNSYLVANIA

BMG RIGHTS MANAGEMENT (US) LLC; BMG RIGHTSMANAGEMENT (UK) LIMITED; JOHN DOES 1-10; andXYZ CORPORATIONS 1-10

PA 2-128-025 ‘Sing Out Joyfully’ to Jehovah Watch Tower Bible and Tract Soc.


31653/001/3673988.1

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

WATCH TOWER BIBLE AND TRACT SOCIETY OF PENNSYLVANIA,

Plaintiff,

-against-

BMG RIGHTS MANAGEMENT (US) LLC; BMG RIGHTS MANAGEMENT (UK) LIMITED; JOHN DOES 1-10; and XYZ CORPORATIONS 1-10,

Defendants.

Civil Action No.

RULE 7.1 STATEMENT

Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, the undersigned attorney of

record for Plaintiff Watch Tower Bible and Tract Society of Pennsylvania (a private non-

governmental party) certifies that there is no parent company of Watch Tower Bible and Tract

Society of Pennsylvania, and no publicly held company owns 10% or more of its stock.

Dated: New York, New York Respectfully submitted, December 22, 2020

COWAN, LIEBOWITZ & LATMAN, P.C.

By: s/ Eric J. Shimanoff Eric J. Shimanoff ([email protected]) Kieran G. Doyle ([email protected]) Joelle A. Milov ([email protected]) 114 West 47th Street New York, NY 10036 (212) 790-9200

Paul D. Polidoro ([email protected]) Watch Tower Bible and Tract Society of Pennsylvania 100 Watchtower Drive Patterson, NY 12563 (845) 306-1000

1:20-cv-10844


2 31653/001/3673988.1

Attorneys for Plaintiff Watch Tower Bible and Tract Society of Pennsylvania


AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURTfor the

__________ District of __________

))))))))))))

Plaintiff(s)

v. Civil Action No.

Defendant(s)

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date:Signature of Clerk or Deputy Clerk

Southern District of New York


BMG RIGHTS MANAGEMENT (US) LLC; BMGRIGHTS MANAGEMENT (UK) LIMITED; JOHNDOES 1-10; and XYZ CORPORATIONS 1-10

BMG RIGHTS MANAGEMENT (UK) LIMITED 5 Merchant Square8th FloorLondon, England, W2 1AS, UK

Eric J. ShimanoffCowan, Liebowitz & Latman, P.C.114 West 47th StreetNew York, NY 10036-1525

1:20-cv-10844


AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

I personally served the summons on the individual at (place)

on (date) ; or

I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date) , and mailed a copy to the individual’s last known address; or

I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)

on (date) ; or

I returned the summons unexecuted because ; or

Other (specify):

.

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

0.00




__________ District of __________

))))))))))))

Plaintiff(s)

v. Civil Action No.

Defendant(s)






CLERK OF COURT





BMG RIGHTS MANAGEMENT (US) LLCOne Park AvenueNew York, NY 10016


1:20-cv-10844



Civil Action No.





on (date) ; or






on (date) ; or


Other (specify):

.





Server’s address


0.00




__________ District of __________

))))))))))))

Plaintiff(s)

v. Civil Action No.

Defendant(s)






CLERK OF COURT





BMG RIGHTS MANAGEMENT (UK) LIMITED 5 Merchant Square8th FloorLondon, England, W2 1AS, UK


1:20-cv-10844

12/23/2020



Civil Action No.





on (date) ; or






on (date) ; or


Other (specify):

.





Server’s address


0.00




__________ District of __________

))))))))))))

Plaintiff(s)

v. Civil Action No.

Defendant(s)






CLERK OF COURT





BMG RIGHTS MANAGEMENT (US) LLCOne Park AvenueNew York, NY 10016


1:20-cv-10844

12/23/2020



Civil Action No.





on (date) ; or






on (date) ; or


Other (specify):

.





Server’s address


0.00


UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

Civil Action No. 1:20-cv-10844 (PAC)

NOTICE OF APPEARANCE

PLEASE TAKE NOTICE that Sandra A. Crawshaw-Sparks hereby appears in the

above- captioned action on behalf of Defendants BMG Rights Management (US) LLC and BMG

Rights Management (UK) Limited. The undersigned certifies that she is admitted to practice in

this Court and requests that notice of electronic filing of all papers in the above-captioned action

be transmitted to her at the address below.

Entry of this appearance of counsel does not waive, and specifically preserves,

Defendants’ right to assert any and all defenses in this matter, including but not limited to lack

of personal jurisdiction, lack of service, and all other jurisdictional defenses.

Dated: January 19, 2021 Respectfully submitted,

New York, New York

PROSKAUER ROSE LLP

By: /s/ Sandra A. Crawshaw-Sparks

Sandra A. Crawshaw-Sparks

Eleven Times Square

New York, New York 10036

(212) 969-3000

[email protected]

Attorney for BMG Rights Management (US) and

BMG Rights Management (UK) Limited

WATCH TOWER BIBLE AND TRACT SOCIETY

OF PENNSYLVANIA,

Plaintiff,

-against-

BMG RIGHTS MANAGEMENT (US) LLC; BMG

RIGHTS MANAGEMENT (UK) LIMITED; JOHN

DOES 1-10; and XYZ CORPORATIONS 1-10,

Defendants.


mailto:[email protected]



Civil Action No. 1:20-cv-10844 (PAC)

NOTICE OF APPEARANCE

PLEASE TAKE NOTICE that David A. Munkittrick hereby appears in the above-

captioned action on behalf of Defendants BMG Rights Management (US) LLC and BMG Rights

Management (UK) Limited. The undersigned certifies that he is admitted to practice in this

Court and requests that notice of electronic filing of all papers in the above-captioned action be

transmitted to him at the address below.

Entry of this appearance of counsel does not waive, and specifically preserves,

Defendants’ right to assert any and all defenses in this matter, including but not limited to lack

of personal jurisdiction, lack of service, and all other jurisdictional defenses.


New York, New York

PROSKAUER ROSE LLP

By: /s/ David A. Munkittrick

David A. Munkittrick

Eleven Times Square

New York, New York 10036

(212) 969-3000

[email protected]

Attorney for BMG Rights Management (US) LLC and

BMG Rights Management (UK) Limited


OF PENNSYLVANIA,

Plaintiff,

-against-




Defendants.





Civil Action No. 1:20-cv-10844

(PAC)

Rule 7.1 Statement

Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, the undersigned states that

Defendant BMG Rights Management (US) LLC is a wholly owned subsidiary of Bertelsmann,

Inc.


New York, New York

PROSKAUER ROSE LLP




Eleven Times Square

New York, New York

10036 (212) 969-3000

[email protected]

[email protected]

Attorneys for BMG Rights Management (US)

LLC


OF PENNSYLVANIA,

Plaintiff,

-against-




Defendants.





Civil Action No. 1:20-cv-10844

(PAC)

Rule 7.1 Statement

Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, the undersigned states that

Defendant BMG Rights Management (UK) Limited is a wholly owned subsidiary of Bertelsmann,

Inc.


New York, New York

PROSKAUER ROSE LLP




Eleven Times Square

New York, New York

10036 (212) 969-3000

[email protected]

[email protected]

Attorneys for BMG Rights Management (UK)

Limited


OF PENNSYLVANIA,

Plaintiff,

-against-




Defendants.



Proskauer Rose LLP Eleven Times Square New York, NY 10036-8299

Beijing | Boca Raton | Boston | Chicago | Hong Kong | London | Los Angeles | New Orleans | New York | Paris | São Paulo | Washington, DC

January 19, 2021

Via ECF

Hon. Paul Austin Crotty

Daniel Patrick Moynihan United States Courthouse

500 Pearl Street

New York, NY 10007

Re: Watch Tower Bible and Tract Society of Pennsylvania v. BMG Rights

Management (US) LLC et al, 20-cv-10844 (PAC)

Dear Judge Crotty,

Proskauer Rose represents defendants BMG Rights Management (US) LLC (“BMG US”)

and BMG Rights Management (UK) Limited (“BMG UK”) (together, “BMG”). We write to

respectfully request a 60-day extension to the time for BMG to respond to the Complaint. The

original deadline is January 19, 2021, and the requested extension is to March 22, 2021. The

parties are engaged in ongoing good-faith settlement discussions, and extending the deadline to

respond to the Complaint will allow the parties to focus on settlement efforts.

Plaintiff consents to this request; it is the first such request; and it does not impact any other

scheduled date.

BMG makes this request without waiver of and specifically preserving BMG’s right to

assert any and all defenses in this matter, including but not limited to lack of personal jurisdiction

and other jurisdictional defenses.

Respectfully submitted,

/s/ David A. Munkittrick


cc: All counsel (via ECF)


Senior Counsel

d +1.212.969.3226

f 212.969.2900

[email protected]

www.proskauer.com


Proskauer Rose LLP Eleven Times Square New York, NY 10036-8299

Beijing | Boca Raton | Boston | Chicago | Hong Kong | London | Los Angeles | New Orleans | New York | Paris | São Paulo | Washington, DC

January 19, 2021

Via ECF

Hon. Paul Austin Crotty

Daniel Patrick Moynihan United States Courthouse

500 Pearl Street

New York, NY 10007

Re: Watch Tower Bible and Tract Society of Pennsylvania v. BMG Rights

Management (US) LLC et al, 20-cv-10844 (PAC)

Dear Judge Crotty,

Proskauer Rose represents defendants BMG Rights Management (US) LLC (“BMG US”)

and BMG Rights Management (UK) Limited (“BMG UK”) (together, “BMG”). We write to

respectfully request a 60-day extension to the time for BMG to respond to the Complaint. The

original deadline is January 19, 2021, and the requested extension is to March 22, 2021. The

parties are engaged in ongoing good-faith settlement discussions, and extending the deadline to

respond to the Complaint will allow the parties to focus on settlement efforts.

Plaintiff consents to this request; it is the first such request; and it does not impact any other

scheduled date.

BMG makes this request without waiver of and specifically preserving BMG’s right to

assert any and all defenses in this matter, including but not limited to lack of personal jurisdiction

and other jurisdictional defenses.

Respectfully submitted,

/s/ David A. Munkittrick


cc: All counsel (via ECF)


Senior Counsel

d +1.212.969.3226

f 212.969.2900

[email protected]

www.proskauer.com


1/20/2021The time to move or otherwise answer the complaint is extended to March 22, 2021. SO ORDERED.


cowan, liebowitz & latman, p.c. 114 west 47th street new

Documents