steward v. west - fourth amended complaint
DESCRIPTION
Fourth Amended Complaint Mark's note: I was retained by Bomb Hip-Hop Records in this matter. https://torekeland.com/about/mark-h-jaffeTRANSCRIPT
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 1/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
FOURTH AMENDED COMPLAINT
LAW OFFICES OF COURTNEY M. COATESCOURTNEY M. COATES, ESQ. (Bar No. 203448)26201 Ynez Road, Ste. 103Temecula, CA 92591Telephone: (951) 595-8118Facsimile: (951) [email protected]
Attorneys for Plaintiffs TRENA STEWARD,LORENZO PRYOR, and KARLA RAY
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
TRENA STEWARD, LORENZOPRYOR, and KARLA RAY
Plaintiffs,
v.
KANYE WEST; UMGRECORDINGS, INC.; ROC-A-FELLA RECORDS, LLC; THEISLAND DEF JAM MUSICGROUP; BAD BOY RECORDSLLC; CAROLINE DISTRIBUTION;STONES THROW RECORDS;BOMB HIP HOP RECORDS;AUTUMN GAMES, LLC;ACTIVISION BLIZZARD, INC.;ELECTRONIC ARTS, INC.;KONAMI DIGITALENTERTAINMENT, INC.,TERMINAL REALITY, INC., FATBEATS RECORDS; PARAMOUNTPICTURES CORPORATION;
NBCUNIVERSAL, INC. dbaUNIVERSAL PICTURES; JAKERECORDS; WARNER BROS.ENTERTAINMENT, INC.,inclusive,
Defendants.
No. CV13-02449 BRO JCx)
FOURTH AMENDED COMPLAINTFOR COPYRIGHT INFRINGEMENT,DECLARATORY RELIEF ANDEQUITABLE ACCOUNTING,CONSTRUCTIVE TRUST, ANDINJUNCTIVE RELIEF
[DEMAND FOR JURY TRIAL]
Action Filed: April 5, 2013
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 1 of 91 Page ID #:970
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 2/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
FOURTH AMENDED COMPLAINT
Plaintiffs Trena Steward, Lorenzo Pryor, and Karla Ray (hereinafter
referred to as “Plaintiffs”), by and through their attorney, Law Offices of Courtney
M. Coates, allege, based on information and belief, and complain as follows:
NATURE OF THE ACTION
1. In this action, Plaintiffs seek injunctive relief and millions of dollars
in damages to stop Defendants from engaging in illegal copyright infringement
involving the unauthorized, willful sampling of Plaintiffs’ original copyrighted
sound recording on a massive scale, which constitutes copyright infringement
under the laws of the United States. The act of music “sampling” is the act of
taking a portion, or sample of one sound recording and reusing it as an instrument
or a sound recording in a different song or piece. On a daily basis, one or more of
the Defendants, has engaged in the repeated willful infringement of Plaintiffs’
copyrighted music on a massive scale, by sampling Plaintiffs’ copyrighted music,
notwithstanding the copyright registrations that have been recorded since 1974 and
1975. Defendants carry out this unabashed theft of Plaintiffs’ intellectual property
through various media and retail distribution channels throughout the world. As
alleged herein, Defendants have systematically and willfully refused to clear
samples of Plaintiffs’ original, copyrighted work in order to gain a commercial
profit and to avoid paying and crediting the author.
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 2 of 91 Page ID #:971
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 3/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
FOURTH AMENDED COMPLAINT
JURISDICTION AND VENUE
2. This action arises under the Copyright Act of 1909, which was
superseded and/or amended by the Copyright Act of 1976 (the “Copyright Act”).
This Court has jurisdiction pursuant to 28 U.S.C. Secs. 1331, 1332 and 1338, 17
U.S.C. Sec. 101 et seq.
3. The venue of this action is properly laid in the Central District of
California pursuant to 28 U.S.C. Secs. 1391(b) and (c), 1392 and 1400(a). Upon
information and belief, each of the Defendants has been transacting and continues
to transact business in the State of California and elsewhere interstate commerce,
or transacts business that affects such commerce, and has been committing and
continues to commit the acts complained of herein in the State of California and
elsewhere in interstate commerce, and regularly has been and now does business
and solicits business and derives substantial revenue from the sale and licensing of
creative properties and other products and services sold, used or consumed in the
State of California, including the musical composition and recording, and
elsewhere in interstate commerce. The defendants expected or should have
reasonably expected their acts, including the acts set forth above and complained
of herein, to have consequences in the State of California.
THE PARTIES
4. Plaintiff Trena Steward is an individual having a residence in San
Diego, California. She holds a 23.23% ownership interest in the song entitled,
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 3 of 91 Page ID #:972
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 4/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
FOURTH AMENDED COMPLAINT
“Bumpin’ Bus Stop,” written and recorded by her deceased father, David Pryor, of
the music group, Thunder & Lightning.
5. Plaintiff Lorenzo Pryor is an individual having a residence in San
Diego, California. He holds a 23.44% ownership interest in the song entitled,
“Bumpin’ Bus Stop,” written and recorded by his deceased father, David Pryor, of
the music group, Thunder & Lightning.
6. Karla Ray is an individual having a residence in Tulsa, Oklahoma.
She holds a 24.44% ownership interest in the song entitled, Bumpin Bus Stop,
written and recorded by her deceased father, David Pryor, of the music group,
Thunder & Lightning.
7. Plaintiffs are informed and believe, and based thereon allege, that at
all times relevant hereto:
a. Defendant Kanye West (“West”) is either a resident of or doing
business in the State of California within the Central District of California. West is
a Grammy award-winning recording artist and producer. He is one of the most
successful hip-hop artists and entertainers in the world.
b. Defendant UMG Recordings, Inc. (“UMG”) is the largest
American music corporation in the world. UMG’s global corporate headquarters
are located in Santa Monica, California.
c. Defendant The Island Def Jam Music Group (“Island”) is a
subdivision of UMG. On information and believe, Island is engaged in the
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 4 of 91 Page ID #:973
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 5/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5
FOURTH AMENDED COMPLAINT
transaction of business within this judicial district, including without limitation, the
production of musical sound recordings for sale and distribution.
d. Defendant Roc-A-Fella Records, LLC (“Roc-A-Fella”), is a
limited liability company with its principle place of business in New York, New
York. On information and belief, Roc-A-Fella is a wholly-owned division of
UMG that transacts business within this judicial district, including without
limitation, the production of musical sound recordings for sale and distribution.
e.
Defendant Bad Boy Records LLC (“Bad Boy”) is a New York-
based record company that operates as a subsidiary of UMG and is distributed by
Interscope Records, also owned by UMG. On information and belief, Bad Boy is
engaged in the transaction of business within this judicial district, including
without limitation, the production of musical sound recordings for sale and
distribution.
f. Stones Throw Records (“Stones Throw”) is a Los Angeles-
based record label that is distributed by Caroline Distribution (“Caroline”), a music
distributor that is part of Capitol Music Group. Capitol Music Group is a record
label and subsidiary of UMG.
g. Defendant Bomb Hip Hop Records (“Bomb”) is a San
Francisco-based record label transacting business within this judicial district.
h. Autumn Games, LLC (“Autumn”) is a New York-based
company transacting business within this judicial district with offices in Los
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 5 of 91 Page ID #:974
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 6/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6
FOURTH AMENDED COMPLAINT
Angeles. Autumn develops and publishes video game content throughout the
world.
i. Konami Digital Entertainment, Inc. (“Konami”) is an Illinois
corporation that is headquartered in El Segundo, California. Konami is a wholly-
owned subsidiary of Konami Corporation based in Japan. Konami manufactures
and develops video games throughout the world.
j. Activision Blizzard, Inc. (“Activision) is a Delaware
corporation based in Santa Monica, California. Activision is engaged in the
business of developing, producing, and publishing video game content throughout
the world.
k. Electronic Arts, Inc. (“EA”) is a California-based video game
publisher transacting business within this judicial district. EA develops and
publishes video game content throughout the world.
l. Terminal Reality, Inc. is a Texas-based video game developer who
transacts business within this judicial district.
m. NBCUniversal, Inc. (“NBCUniversal”) is a multi-media
entertainment company that develops and distributes motion pictures and television
content through a variety of subsidiaries and networks. One of its wholly-owned
film divisions is Universal Pictures, engaged in the business of developing and
producing feature films. NBC Universal also owns a National Broadcasting
Company (“NBC”), a major television network in the United States.
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 6 of 91 Page ID #:975
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 7/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7
FOURTH AMENDED COMPLAINT
n. Paramount Pictures Corporation (“Paramount”) is a Los
Angeles-based film studio owned by Viacom, engaged in the business of
developing and producing feature films.
o. Fat Beats Records (“Fat Beats”) is a record company based in
Brooklyn, New York, engaged in the business of manufacturing and distributing
musical recordings throughout the United States and abroad.
p. Jake Records (“Jake”) is a Las Vegas-based record company
engaged in the business of manufacturing and distributing musical recordings
throughout the United States and abroad.
q. Warner Bros. Entertainment, Inc. (“WB Entertainment”) is a
multi-media entertainment company based in Burbank, California. WB
Entertainment owns and controls a television production division or subsidiary
known as Warner Bros. Television, which specializes in creating and producing
television content for various networks.
8. Unless otherwise specified herein, Defendants West, Roc-A-Fella,
Island, UMG, Caroline, Fat Beats, Bad Boy, Bomb, Autumn, Stones Throw, EA,
Autumn, Terminal, Konami, Paramount, Jake, WB Entertainment, NBCUniversal,
and Activision are hereinafter referred to collectively as “Defendants.”
FACTUAL BACKGROUND
9. Plaintiffs are the heirs of David Pryor, a musician, composer, and
recording artist (“Pryor”), who wrote the musical composition, entitled “Bumpin’
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 7 of 91 Page ID #:976
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 8/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8
FOURTH AMENDED COMPLAINT
Bus Stop” (“Composition”), and produced and recorded the fixed sound recording
which embodies the Composition (“Record”). The Composition and Record
feature Pryor’s signature voice and original music played by Pryor’s band, The
Play Boys.
10. After writing the composition, on or about 1974, Pryor approached the
owner of Gold Future Recording Studio (“Gold Future”), to inquire about renting
studio time, space, and equipment at Gold Future located in Kirkwood, Missouri,
just outside of St. Louis. Pryor also asked the owner of Gold Future to permit
Pryor to affix Gold Future’s label to the Record so that Pryor could promote the
Record at local radio stations. Gold Future agreed to rent the studio space and
equipment, as well as permit Pryor’s use of Gold Future’s label to promote the
Record.
11. David Pryor rented the studio time, space, and equipment from Gold
Future to make and produce the Record at his own expense. An engineer
independently contracted with Gold Future to engineer and mix the sounds Pryor
and The Play Boys recorded in the studio. The Record originally bore the studio’s
label of “Gold Future,” having unique artwork featuring “Gold Future” in bold
black letters, as well as images of musical notes and gold and black vinyl discs.
All creative elements to the Composition and Record were made at the instance,
direction, control, and expense of David Pryor.
12. The Record was a “single,” with two sides recorded onto a 45” vinyl
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 8 of 91 Page ID #:977
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 9/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
9
FOURTH AMENDED COMPLAINT
disc or phonograph record. The Record was approximately 3:4842 minutes in
length on the A-Side (Part 1) and approximately 3:1582 on the B-Side (Part 2). It
is David Pryor’s signature voice on the A-Side (Part 1) of the Record, where he
says: “Hey Gang, let me show you something! It’s the hottest thing and it’s on its
way to the top! Step up front…you dig! Get down with the Bus Stop!”
13. In 1974, after the Record was fully mixed and complete, David Pryor
caused 45” vinyl phonorecords to be made bearing the Gold Future record label
and the following copyright notice: “!
1974 St. Louis, Mo 63122,” and “Produced
by Dave Pryor A Gold Future Production.” Pryor and band members began to
promote and distribute the Record locally to record companies, radio stations, disk
jockeys, and other members of the public. A true and correct copy of the original
Gold Future label affixed to the Record in 1974 is attached hereto as Exhibit 1.
14. In or about 1975, David Pryor desired to release, manufacture,
distribute and promote the Record on a larger scale. Upon presenting the Record
to Private Stock Records, the company showed interest in the Record and
consented to reproducing, repackaging, and releasing the Record under its own
label, “Private Stock Records.” Private Stock requested and obtained the reel-to-
reel master recording that Pryor previously made at Gold Future. Private Stock,
thereafter, used equipment to enhance the mix and sound quality of the original
master recording, shortened the playing length of the original Record, and affixed
its label to the Record. No creative elements were added to the Record by Private
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 9 of 91 Page ID #:978
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 10/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
10
FOURTH AMENDED COMPLAINT
Stock; the sound recording is a literal copy of the Record made by Pryor at Gold
Future. The name of Pryor’s group was changed from “The Play Boys” to
“Thunder & Lightning.” The spelling of the title of the Record was changed from
“Bumpin-Bustop” to “Bumpin’ Bus Stop.” Private Stock Records re-released both
sides of the Record under its label with different artwork and the new group name,
“Thunder & Lightning.” A true and correct copy of the Private Stock label affixed
to the Record in 1975 is attached hereto as Exhibit 2.
15. The Composition was federally registered by Private Stock Record’s
music publisher, Caesar’s Music Library, in January 1975 [Reg. No. Eu563138
(Bumpin’ Bus Stop, Pt. 1) and Reg. No. Eu563139 (Bumpin’ Bus Stop, Pt. 2)].
Likewise, the Record was federally registered by record label, Private Stock
Records, on January 10, 1975 [Reg. No. N20740]. Private Stock’s copyright
application for the Record inadvertently omits that it was based on Pryor’s pre-
existing material and, thus, misstates the correct author of the Record.
Specifically, the application inadvertently omits that the Record embodies Pryor’s
previously recorded vocal performance, the fixed sounds and instruments that
Pryor and The Play Boys performed at Gold Future.
16. Private Stock did not obtain from Pryor, and Pryor did not grant to
Private Stock or Caesar’s Music, an assignment of rights or exclusive license to
distribute and publish the Record. Nor did Pryor grant an assignment or transfer of
his renewal rights in and to the Record. Instead of negotiating a transfer or
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 10 of 91 Page ID #:979
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 11/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
11
FOURTH AMENDED COMPLAINT
exclusive license from Pryor to distribute the Record, on or about May 3, 1975,
Private Stock Records requested and obtained a compulsory or statutory license to
distribute the Record and pay mechanical royalties at the statutory rate. As a
matter of law, a compulsory license may only be granted if a phonorecord was
previously distributed to the public in the United States and may only be granted
on a non-exclusive basis.
17. After delivering the Record to Private Stock, David Pryor continued
to exercise exclusive ownership and control over the Composition and Record he
made at Gold Future by making phonorecords and mixes of the Record. Private
Stock never contested Plaintiffs’ exclusive ownership and right to distribute the
Record. In fact, Private Stock Records closed down in 1978 after its owner, Larry
Uttal, moved to London to go into the film business. At most, Private Stock
Records was a non-exclusive licensee solely authorized to distribute the Record
under its label in exchange for payment of statutory royalties. Since Pryor was the
original author, Private Stock had no right to transfer those non-exclusive rights to
third parties without Pryor’s consent.
18. On or about January 7, 2004, Pryor was admitted to a skilled
nursing facility, where he suffered from numerous incapacitating health conditions,
including without limitation, cerebrovascular disease, prostate cancer, Parkinson’s
disease, senile dementia, diabetes, and epilepsy. In 2004, the Probate Division of
the Circuit Court of St. Louis County, Missouri, appointed a conservator for David
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 11 of 91 Page ID #:980
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 12/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
12
FOURTH AMENDED COMPLAINT
Pryor. Mr. Pryor died in May 14, 2006 in a skilled nursing facility. The primary
cause of death was cerebrovascular disease. Prior to his death, Pryor was mentally
disabled, unaware, and did not discover any acts of infringement by Defendants.
19. On or about June 17, 2011, the Probate Division of the Circuit Court
of St. Louis County, Missouri, entered a Judgment Determining Heirs, granting
ownership rights in and to the Record and Composition to the following family
members: Trena Steward, Lorenzo Pryor, Karla Ray, Sheila Hines, and Margaret
Pryor. A true and correct certified copy of the Judgment Determining Heirs,
entered June 17, 2011, is attached hereto as Exhibit 3.
20. Plaintiffs are the successors-in-interest and joint owners to “Bumpin’
Bus Stop.” Upon Plaintiffs making a reasonable inquiry, neither Caesar’s Music
Library nor Private Stock Records had a written agreement signed by David Pryor
evidencing their right to either own, publish, distribute, or administer any rights in
and to “Bumpin’ Bus Stop.” No valid transfer or assignment of copyright was ever
made by David Pryor. Nor could the Record constitute a work made for hire since
Pryor created it prior to any dealings with Private Stock Records and Caesar’s
Music.
21. After entry of the Judgment Determining Heirs, Plaintiffs notified
Private Stock and Caesar’s Music Library and demanded that they either furnish
proof of any claim of ownership or correct the inaccurate copyright registrations.
On August 16, 2011, Caesar’s Music Library assigned to Plaintiffs any and all of
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 12 of 91 Page ID #:981
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 13/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
13
FOURTH AMENDED COMPLAINT
its purported rights, title, and interest in and to “Bumpin’ Bus Stop” in exchange
for a release of claims made by Plaintiff. Likewise, on October 16, 2012, Private
Stock Records assigned to Plaintiffs any and all of its purported rights, title, and
interest in and to “Bumpin’ Bus Stop” in exchange for a release of claims made by
Plaintiffs (“Private Stock Assignment”).
22. The Copyright Office has issued a certificate of registration for the
Gold Future Record [Reg. No. RE931704].
23. Also, in addition to the Private Stock Assignment executed in 2012,
Plaintiffs’ Record is the subject of existing Copyright Registration Nos.
V3612D942 and V3613D044, publicly recording the assignment made by Caesar’s
Music, the Judgment Determining Heirs, and vesting title to the Record and
Composition in the names of Lorenzo Pryor, Trena Steward, Margaret Pryor,
Shiela Hines, and Karla Ray (“Copyright”).
24. The music, lyrics, vocal performance and other creative elements of
“Bumpin’ Bus Stop” are wholly original and constitute copyrightable subject
matter under the Copyright Act. The Copyright has been duly registered in the
United States Copyright Office and all necessary recordation and registration
formalities and notice requirements under the Copyright Act have been fully
complied with. Copyright protection of the Record and Composition was
originally obtained by David Pryor, then Caesar’s Music and Private Stock
Records inaccurately registered the Record and Composition. The 1909 Copyright
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 13 of 91 Page ID #:982
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 14/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
14
FOURTH AMENDED COMPLAINT
Act provides for an initial 28-year term of copyright protection and a single 28-
year renewal term of continued protection. After an amendment of U.S. copyright
law then in effect, this automatic renewal term now has a period of sixty- seven
(67) years. Upon Pryor’s death and final determination of his heirs in 2011,
Pryor’s renewals rights in the Copyright passed to Plaintiffs.
FIRST CLAIM FOR RELIEF
(Copyright Infringement – “Gold Digger”)
[Against UMG, West, Island, and Roc-A-Fella]
25. Plaintiffs repeat and re-allege every allegation contained in paragraphs
1 through 23 as if fully set forth herein.
26. Plaintiffs are the sole proprietors of all right, title, and interest in and
to the copyright in the Record, titled “Bumpin’ Bus Stop.”
27. Within three years of filing this action, Plaintiffs discovered that on or
about August 30, 2005, while Pryor was hospitalized and mentally incapacitated,
Roc-A-Fella, UMG, West, and Island, recorded, produced, manufactured and/or
distributed the infringing sound recording by West, entitled “Gold Digger,” which
copies and incorporates an unauthorized sample of the Record, thereby infringing
Plaintiffs’ copyright. The infringing recording, “Gold Digger,” is contained on the
album entitled Late Registration, released by UMG by and through its subsidiary
labels, Roc-A-Fella and Island. “Gold Digger” was produced by West and Jon
Brion. Plaintiffs are informed that the Scratch DJ for West and “Gold Digger”
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 14 of 91 Page ID #:983
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 15/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
15
FOURTH AMENDED COMPLAINT
was Alain Macklovich aka A-Trak and, further, that the engineers were Ken Lewis
and Mike Dean.
28. West’s longtime disk jockey, A-Trak, is credited with
scratching on the “Get Down” sample in “Gold Digger.” Prior to the release of
“Gold Digger,” as early as 2002, A-Trak has actually used the Record in live
shows and/or recordings. A-Trak and West have also appeared in videos wherein
A-Trak is clearly using Plaintiffs’ Record to entertain audiences in live DJ
performances. According to A-Trak’s prior interviews as to how the “Get Down”
sample came about, he admits that it originated when he and West performed
“Gold Digger” live at the Sasquatch Music Festival in May 2005. A-Track admits
that he first obtained West’s permission to use a “Get Down” sample and
incorporate it into the song’s hook at Sasquatch. A-Trak admits the “Get Down”
sample was a success and West liked it. A few days later, A-Trak admits he flew
to Los Angeles to meet West in the studio and, according to A-Trak, “the rest is
history.”
29. “Gold Digger” illegally samples the Record because David Pryor’s
voice from the Record is heard, exclaiming “Get Down!” The sample of Pryor’s
voice can be repeatedly heard at approximately 0.27 seconds (4x), then it is
scratched and looped throughout the infringing recording at approximately 1:29
seconds (4x), 2:32 seconds (4x), and 3:13 seconds (4x).
30. Upon information and belief, Defendants have infringed Plaintiffs’
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 15 of 91 Page ID #:984
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 16/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
16
FOURTH AMENDED COMPLAINT
copyright in the Record by, inter alia, incorporating a sample of the Record in
“Gold Digger,” then distributing tens of millions of copies of “Gold Digger” in
various media throughout the world, including but not limited to CDs, DVDs,
videocassettes, digital downloads, video games, and ringtones. Defendants
violated the Plaintiffs’ exclusive right to duplicate the Record by using the sound
recording sample. The exclusive right to make copies of the Record was further
violated by the unauthorized duplication and distribution of the sample. The
exclusive right to prepare derivative works of the Record was further violated by
sampling and looping Pryor’s voice throughout the musical recording. Last but not
least, Defendants violated Plaintiffs’ exclusive right to perform the Record in
public by including the unauthorized sample of the Record in the musical
recording.
31. Plaintiffs are informed and believe, and on that basis allege, that the
Defendants’ infringement of Plaintiffs’ copyrighted Record has been and continues
to be carried out with Defendants’ full knowledge that Plaintiffs’ Record is
protected by copyright and that all relevant times Defendants had actual and
constructive knowledge of Plaintiffs’ rights but proceeded in complete disregard
thereof. The Record has been registered and published with a copyright notice
since 1975. In fact, West was specifically interviewed and asked about his
sampling of other’s music in a documentary film in 2005. Callously explaining his
sampling of music, West admitted: “We take old people’s music and jack it .” (The
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 16 of 91 Page ID #:985
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 17/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
17
FOURTH AMENDED COMPLAINT
Art of 16 Bars, QD3 Entertainment (2005)) ( Art of 16 Bars (QD3 Entertainment,
2005).) In doing the acts complained of herein, Defendants have willfully and
intentionally infringed Plaintiffs’ copyright.
32. Despite demands that Defendants cease their infringements of
Plaintiffs’ copyright, Defendants have failed or refused to do so. Plaintiffs are
informed and believe, and upon that basis allege, that these Defendants have
continued, and threaten to continue, infringing Plaintiffs’ copyright.
33. Plaintiffs are informed and believe, and on that basis allege, that
Defendants have obtained gains, profits, and advantages as a result of their
infringing acts as hereinabove alleged. Plaintiffs are presently unable to ascertain
the full extent of the gains, profits, and advantages Defendants have obtained by
reason of their aforesaid acts of copyright infringement, but upon information and
belief such gains, profits, and advantages exceed, at least, the jurisdictional limit of
this court.
34. As just one example of financial profits derived from Defendants’
well-organized scheme of infringement, Plaintiffs are informed and believe that
"Gold Digger" was released in 2005 as the second single from West's second
album, Late Registration, and features well-known entertainer, Jamie Foxx. "Gold
Digger" peaked at number one on the US Billboard Hot 100 on September 6, 2005,
becoming West's and Foxx's second number one single. Plaintiffs are informed
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 17 of 91 Page ID #:986
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 18/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
18
FOURTH AMENDED COMPLAINT
and believe that “Gold Digger” broke a record for the most digital downloads in a
week, selling over 80,000 digital downloads, and was also the fastest selling digital
download of all time; both records have since been broken. Plaintiffs are informed
that "Gold Digger" sold over 1,000,000 downloads during its first seven weeks of
release. This makes "Gold Digger" one of the first songs in history to sell over
1,000,000 downloads in the United States. It was 2005's second-longest running
number one on the Billboard Hot 100 at ten weeks, behind Mariah Carey's "We
Belong Together.” “Gold Digger” was nominated for Record of the Year at
the 2006 Grammy Awards and won the award for Best Rap Solo Performance.
The song lists at number 49 on Billboard magazine's All Time Top 100 and at 9 on
the Billboard Hot 100 Songs of the Decade. The song was voted number 20 on
VH1's 100 Greatest Songs of Hip Hop. As of January 2011, the song sold over
3,000,000 copies in the United States alone, and tens of millions of copies
worldwide. Plaintiffs are informed that "Gold Digger" has become the 9th most
successful U.S. single of the 2000s.
35. Within the last three (3) years, Defendants have continued to illegally
exploit, re-release, re-package, and use Plaintiffs’ Record in various sound
recordings, including live performances, distributing them worldwide in multiple
formats, including compact disc, digital or on-line media, radio, and music film,
television, video games. For example, on or about October 6, 2009, Roc-A-Fella
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 18 of 91 Page ID #:987
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 19/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
19
FOURTH AMENDED COMPLAINT
and Island re-released and re-packaged “Gold Digger,” making it part of a boxed
set of compilation albums, titled Def Jam 25 Anniversary.
36. Also, in 2012 Kanye West repeatedly publicly performed “Gold
Digger” using the unauthorized sample of the Record, as part of a so-called Watch
the Throne Tour in 56 cities across the world. The Watch The Throne Tour was a
co-headlining concert tour by American rapper Jay-Z and Defendant Kanye West
that began on October 28, 2011 in Atlanta and continued until June 22, 2012, with
its final show scheduled in Birmingham, AL. Plaintiffs are informed and believe
that the tour was originally scheduled for 23 performances, the tour was expanded
to 34 performances in North America due to heavy demand for tickets; 29 shows
were confirmed in the United States with 5 shows in Canada. Following massive
success in the United States and Canada, Jay-Z & Kanye West announced the
European leg of the tour on February 21, 2012, which featured 23 performances,
bringing the number of shows to 57 all together. Plaintiffs are informed and
believe that the tour has grossed over $48.3 million, making it the highest-grossing
hip-hop tour and the eighth highest-grossing tour of 2011.
37. Defendants are jointly and severally liable for each act of direct
infringement because they personally direct and participant in, and benefited from,
the infringing conduct as alleged herein.
38. As a direct and proximate result of Defendants’ infringement of
plaintiffs’ exclusive rights under copyright, plaintiffs are entitled to damages as
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 19 of 91 Page ID #:988
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 20/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
20
FOURTH AMENDED COMPLAINT
well as Defendants’ profits pursuant to 17 U.S.C. § 504(b). In addition,
Defendants failed to credit David Pryor for the sample taken and used, resulting in
enormous monetary damage and loss of future earnings. Plaintiffs are presently
unable to ascertain the full extent of the money damages it has suffered by reason
of said acts of copyright infringement.
39. Alternatively, Plaintiffs are entitled to the maximum statutory
damages, in the amount of $150,000 per infringement, pursuant to 17 U.S.C. §
504(c), or for such other amount as may be otherwise proper under applicable law.
Plaintiffs further are entitled to their attorneys’ fees and full costs pursuant to 17
U.S.C. § 505 or as may be otherwise proper under applicable law.
40. Pursuant to 17 U.S.C. § 502, Plaintiffs are entitled to a preliminary
and permanent injunction prohibiting further infringements of their copyrights and
exclusive rights under copyright.
SECOND CLAIM FOR RELIEF
(Declaration of Joint Authorship and Equitable Accounting—
“Gold Digger”)
[Against Roc-A-Fella]
41. Plaintiffs repeat and re-allege every allegation contained in paragraphs
1 through 40 as if fully set forth herein.
42. As of June 2011, Plaintiffs are the finally determined heirs of Pryor
and joint owners of the Record and Composition pursuant to the Judgment
Determining Heirs.
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 20 of 91 Page ID #:989
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 21/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
21
FOURTH AMENDED COMPLAINT
43. Upon performing an investigation, Plaintiffs discovered that
Defendant released a sound recording, entitled “Gold Digger” in 2005, copyright
registration for which was made by Roc-A-Fella in 2005 [Reg. No.
SR0000372867].
44. The copyright registration omits Pryor’s contribution to the sound
recording and that “Gold Digger” repeatedly incorporates a sample of Pryor’s
recorded vocal performance within the song’s popular hook, exclaiming “Get
Down!” at various time intervals. Defendant Roc-A-Fella has incorporated Pryor’s
voice from the Record without compensating Plaintiffs or Pryor for its use.
45. Defendant Roc-A-Fella has never expressly and openly repudiated
Plaintiffs’ copyright interest in “Gold Digger.” Nor did Plaintiffs or their
predecessor-in-interest Pryor commit any overt act that would constitute an
abandonment or forfeiture of their copyright interest in “Gold Digger.”
46. Plaintiffs are co-owners and/or beneficial co-owners of the sound
recording, “Gold Digger” and, thus, are entitled to participate as co-owners and/or
beneficial co-owners of the sound recording, including payment of royalties and
accountings.
47. An actual controversy exists concerning Plaintiffs’ ownership interest
in and to the sample used in “Gold Digger.” Further, an actual controversy exists
concerning Plaintiffs’ right to receive past and future accountings, as well as future
royalties for the use of the Pryor sample in “Gold Digger.”
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 21 of 91 Page ID #:990
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 22/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
22
FOURTH AMENDED COMPLAINT
48. Plaintiffs seek and are entitled to a Declaratory Judgment against
Defendant Roc-A-Fella, pursuant to 28 U.S.C. § 2201, decreeing that “Gold
Digger” is a “joint work” under 17 U.S.C. § 101; that Pryor was a co-author of
“Gold Digger” and co-owner thereof, under 17 U.S.C. § 201(a); that Pryor was a
qualified copyright claimant with respect to “Gold Digger,” under 37 C.F.R. §
202.3(a)(3), when “Gold Digger” was first fixed in a tangible medium of
expression; that the registration for “Gold Digger” has been held in constructive
trust by Roc-A-Fella, and must be supplemented to reflect Plaintiffs’ status as a co-
author, co-owner, and copyright co-claimant; that Plaintiffs are an author’s
“children” with respect to “Gold Digger” under 17 U.S.C. § 101; that Plaintiffs
inherited ownership interest in “Gold Digger” upon his death, pursuant to 17
U.S.C. § 201(d)(1), and became co-owners, co-beneficial owners, and/or co-
claimants thereof with Roc-A-Fella holding an indivisible fifty percent (50%)
ownership interest or an alternative percentage to be determined in the interest of
justice; that Plaintiffs may record, with the United States Copyright Office, their
status as heirs and successors to Pryor’s interest in “Gold Digger,” under 17 U.S.C.
§ 205; that Plaintiffs may publish and otherwise exploit “Gold Digger,”
independently of Defendant Roc-A-Fella, and enjoy, exercise, and enforce all other
rights, benefits, and causes of action accorded to copyright owners with respect
thereto.
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 22 of 91 Page ID #:991
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 23/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
23
FOURTH AMENDED COMPLAINT
THIRD CLAIM FOR RELIEF
(Copyright Infringement – “ Def Jam Rap Star/ “Gold Digger”)
[Against Autumn, Konami, Terminal]
49. Plaintiffs re-allege and incorporate by reference each of the
allegations made in paragraph 1 through 48 as though fully set forth herein.
50. Within three years of this action, Plaintiffs discovered that on or about
October 5, 2010, Defendants Autumn, Terminal, and Konami developed,
manufactured, and/or published a video game, titled Def Jam Rap Star, which
contains the infringing recording, “Gold Digger,” previously described above.
51. Def Jam Rapstar is essentially a rap themed karaoke game that allows
players to make video clips of themselves performing songs and then upload them
to community websites. There are two modes, either “Career” or “Party” modes.
The “Career” mode is in five stages. Each stage has eight tracks for the player to
master, including a New Song Challenge, which is unlocked as the player
progresses through the stage. The “Party” mode allows players to simply pick an
individual song and perform it.
52. Defendants’ infringement in Def Jam Rap Star occurs in stage three of
the “Career” mode of the video game, wherein it incorporates Dave Pryor’s
recorded vocal performance of “Get Down!,” along with Kanye West as part of
“Gold Digger’s” popular hook.
53. Upon information and belief, the Defendants have infringed Plaintiffs’
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 23 of 91 Page ID #:992
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 24/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
24
FOURTH AMENDED COMPLAINT
copyright in the Record by, inter alia, incorporating a sample of the Record in Def
Jam Rap Star, then distributing millions of copies of Def Jam Rap Star in various
media throughout the world. Defendants violated the Plaintiffs’ exclusive right to
duplicate the Record by using the sound recording sample. The exclusive right to
make copies was further violated by the unauthorized duplication and distribution
of the sample. The exclusive right to prepare derivative works was further violated
by sampling and looping Pryor’s voice in the video game. Last but not least,
Defendants violated Plaintiffs’ exclusive right to perform the Record in public by
including the unauthorized sample of the Record in the video game.
54. As a direct and proximate result of Defendants’ infringement of
Plaintiffs’ exclusive rights under copyright, plaintiffs are entitled to damages as
well as Defendants’ profits pursuant to 17 U.S.C. § 504(b). In addition,
Defendants failed to credit David Pryor for the sample taken and used, resulting in
enormous monetary damage and loss of future earnings. Plaintiffs are presently
unable to ascertain the full extent of the money damages it has suffered by reason
of said acts of copyright infringement.
55. Alternatively, Plaintiffs are entitled to the maximum statutory
damages, in the amount of $150,000 per infringement, pursuant to 17 U.S.C. §
504(c), or for such other amount as may be otherwise proper under applicable law.
Plaintiffs further are entitled to their attorneys’ fees and full costs pursuant to 17
U.S.C. § 505 or as may be otherwise proper under applicable law.
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 24 of 91 Page ID #:993
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 25/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
25
FOURTH AMENDED COMPLAINT
56. Pursuant to 17 U.S.C. § 502, Plaintiffs are entitled to a preliminary
and permanent injunction prohibiting further infringements of their copyrights and
exclusive rights under copyright.
FOURTH CLAIM FOR RELIEF
(Contributory Infringement – Def Jam Rap Star/ “Gold Digger”)
[Against UMG, Roc-A-Fella, Island]
57. Plaintiffs re-allege and incorporate by reference each of the
allegations made in paragraph 1 through 56 as though fully set forth herein.
58. Upon information and belief, Defendants have materially caused,
induced, and contributed to the infringement of the Record by Autumn, Konami,
and Terminal by committing acts, including but not limited to, the following:
59. Upon information and belief, on or about 2010, UMG, Roc-A-Fella,
and/or Island, granted Autumn Games, Terminal, and Konami a license to use the
infringing recording, “Gold Digger,” in the popular video game Def Jam Rap Star,
which was released in 2010. Further, upon granting the license, Defendants
expressly warranted and represented to Autumn, Terminal, and Konami that they
were owners of an original work, that they were authorized to license “Gold
Digger,” and that such license would not violate the copyright of third parties.
Relying upon such representations, Autumn, Terminal, and Konami agreed to use
“Gold Digger” in Def Jam Rap Star.
60. Prior to releasing “Gold Digger” and issuing licenses to third parties,
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 25 of 91 Page ID #:994
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 26/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
26
FOURTH AMENDED COMPLAINT
Defendants, and each of them, had an established system of policies and
procedures for clearing music samples of musical recordings for the purpose of
avoiding infringement. Defendants, however, knowingly failed to properly utilize
its system, policies, and procedures, for clearing the sample of the Record, which
materially caused, contributed to, or facilitated the infringement.
61. The infringement in Def Jam Rap Star occurs where Gold Digger is
featured in the video game and infringes Plaintiffs’ Record in the same time, place,
and manner as set forth in the First Claim for Relief. As alleged therein, Dave
Pryor’s recorded vocal performance is repeatedly heard, exclaiming “Get Down!”
along with Kanye West as part of the song’s hook throughout the infringing
recording.
62. The foregoing acts of infringement by Defendants have been willful,
intentional and purposeful, in knowing disregard of and indifferent to Plaintiffs’
rights. The copyright in and to the Record sampled by Defendants has been
registered with a copyright notice since 1975.
63. The Defendants have infringed Plaintiffs’ copyright by, inter alia,
incorporating a sample of the Record in Def Jam Rap Star then distributing
millions of copies of the infringing video game in various media throughout the
world. Defendants violated the Plaintiffs’ exclusive right to duplicate the Record
by using the sound recording sample. The exclusive right to make copies was
further violated by the unauthorized duplication and distribution of the sample.
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 26 of 91 Page ID #:995
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 27/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
27
FOURTH AMENDED COMPLAINT
The exclusive right to prepare derivative works was further violated by sampling
and looping Pryor’s voice throughout the musical recording. Last but not least,
Defendants violated Plaintiffs’ exclusive right to perform the Record in public by
including the unauthorized sample of the Record in the musical recording.
64. As a direct and proximate result of Defendants’ infringement of
plaintiffs’ exclusive rights under copyright, plaintiffs are entitled to damages as
well as Defendants’ profits pursuant to 17 U.S.C. § 504(b). In addition,
Defendants failed to credit David Pryor for the sample taken and used, resulting in
enormous monetary damage and loss of future earnings. Plaintiffs are presently
unable to ascertain the full extent of the money damages it has suffered by reason
of said acts of copyright infringement.
65. Alternatively, Plaintiffs are entitled to the maximum statutory
damages, in the amount of $150,000 per infringement, pursuant to 17 U.S.C. §
504(c), or for such other amount as may be otherwise proper under applicable law.
66. Plaintiffs further are entitled to their attorneys’ fees and full costs
pursuant to 17 U.S.C. § 505 or as may be otherwise proper under applicable law.
67. Defendants’ conduct is causing, and unless enjoined and restrained by
this Court will continue to cause, Plaintiffs great and irreparable injury that cannot
fully be compensated for or measured in money. Plaintiffs have no adequate
remedy at law. Pursuant to 17 U.S.C. § 502, Plaintiffs are entitled to a preliminary
and permanent injunction prohibiting further infringements of their copyrights and
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 27 of 91 Page ID #:996
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 28/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
28
FOURTH AMENDED COMPLAINT
exclusive rights under copyright.
FIFTH CLAIM FOR RELIEF
(Copyright Infringement— Inside Man Film and Soundtrack/ “Gold Digger”
[Against NBCUniversal]
68. Plaintiffs re-allege and incorporate by reference each of the
allegations made in paragraph 1 through 67 as though fully set forth herein.
69. Within three years of this action, Plaintiffs discovered that on or about
March 2006, while Pryor was hospitalized and mentally incapacitated, Defendant
NBCUniversal’s film division, Universal Pictures, used “Gold Digger” in the
feature film and music sound track, Inside Man, and, thus, incorporated an
unauthorized sample of the Record. Inside Man was directed by Spike Lee and
stars Christopher Plummer, Clive Owen, Denzel Washington, Jodie Foster, and
Willem Dafoe.
70. The infringing recording, “Gold Digger,” was licensed to Universal
Pictures by and through UMG’s catalogue division, Universal Music Enterprises,
and Roc-A-Fella. The infringing film, Inside Man, incorporates “Gold Digger” as
part of the music score in the film and, therefore, incorporates Pryor’s voice from
the Record saying “Get Down” as part of the song’s hook. In addition, Pryor’s
voice from the Record is separately featured in the music soundtrack where “Gold
Digger” also appears.
71. Since the original release of the film, Inside Man was later repackaged
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 28 of 91 Page ID #:997
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 29/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
FOURTH AMENDED COMPLAINT
and re-released by Universal Pictures in multiple formats, including DVD, Blue-
Ray, and through digital media.
72. As a direct and proximate result of Defendants’ infringement of
plaintiffs’ exclusive rights under copyright, plaintiffs are entitled to damages as
well as Defendants’ profits pursuant to 17 U.S.C. § 504(b). In addition,
Defendants failed to credit David Pryor for the sample taken and used, resulting in
enormous monetary damage and loss of future earnings. Plaintiffs are presently
unable to ascertain the full extent of the money damages it has suffered by reason
of said acts of copyright infringement.
73. Alternatively, Plaintiffs are entitled to the maximum statutory
damages, in the amount of $150,000 per infringement, pursuant to 17 U.S.C. §
504(c), or for such other amount as may be otherwise proper under applicable law.
Plaintiffs further are entitled to their attorneys’ fees and full costs pursuant to 17
U.S.C. § 505 or as may be otherwise proper under applicable law.
74. Pursuant to 17 U.S.C. § 502, Plaintiffs are entitled to a preliminary
and permanent injunction prohibiting further infringements of their copyrights and
exclusive rights under copyright.
/ /
/ /
/ /
/ /
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 29 of 91 Page ID #:998
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 30/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
30
FOURTH AMENDED COMPLAINT
SIXTH CLAIM FOR RELIEF
(Contributory Infringement –
Inside Man Film and Music Soundtrack/“Gold Digger”)
[Against UMG and Roc-A-Fella]
75. Plaintiffs re-allege and incorporate by reference each of the allegations
made in paragraph 1 through 74 as though fully set forth herein.
76. Upon information and belief, Defendants UMG and Roc-A-Fella have
materially contributed, induced, and/or caused the infringement by Universal
Pictures as follows:
77. Upon further information and belief, UMG and Roc-A-Fella collectively
licensed the infringing musical recording, “Gold Digger,” to Universal Pictures
without the permission of the owner of the Record. Upon issuing the license to
Universal Pictures, Defendants warranted and represented to Universal Pictures
that they owned an original work, that they had authority to issue a license for the
use of “Gold Digger,” and that such use would not violate the copyrights of third
parties. Relying upon such license, Universal Pictures used “Gold Digger” in its
film and music soundtrack, thus, infringing Plaintiffs’ copyright in the Record.
78. Prior to releasing feature films and soundtracks, Defendants, and each
of them, had an established system of policies and procedures for clearing music
samples of musical recordings for the purpose of avoiding infringement.
Defendants, however, knowingly failed to properly utilize its system, policies,
procedures, for clearing the sample of the Record, which materially caused,
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 30 of 91 Page ID #:999
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 31/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
31
FOURTH AMENDED COMPLAINT
contributed to, or facilitated the infringement.
79. Plaintiffs are informed and believes and on that basis alleges that the
Defendants’ infringement of Plaintiff’s copyrighted work has been and continues
to be carried out with Defendants’ full knowledge that Plaintiffs’ Record was
protected by copyright and that all relevant times Defendants had actual and
constructive knowledge of Plaintiffs rights’ but proceeded in complete disregard
thereof. The Record and Composition have been registered since 1974 and 1975
and all physical copies of the Record had a copyright notice and symbol!
.
Notwithstanding the foregoing, Defendants issued the license to Universal Pictures
in complete disregard of Plaintiffs’ copyright.
80. Plaintiffs have suffered and continue to suffer irreparable harm and
injury as a result of the aforesaid infringing acts of Defendants and Plaintiffs are
without an adequate remedy at law, in that damages are extremely difficult to
ascertain and, unless injunctive relief is granted as prayed for herein, Plaintiffs will
be required to pursue a multiplicity of actions.
81. Plaintiffs have sustained damages as a result of Defendants’ wrongful
acts as hereinabove alleged. Defendants failed to credit David Pryor and Thunder
& Lightning, resulting in economic damage to Plaintiffs.
82. As a direct and proximate result of Defendants’ infringement of
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 31 of 91 Page ID #:1000
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 32/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
32
FOURTH AMENDED COMPLAINT
plaintiffs’ exclusive rights under copyright, plaintiffs are entitled to damages as
well as Defendants’ profits pursuant to 17 U.S.C. § 504(b).
83. Alternatively, Plaintiffs are entitled to the maximum statutory
damages, in the amount of $150,000 per infringement, pursuant to 17 U.S.C. §
504(c), or for such other amount as may be otherwise proper under applicable law.
84. Plaintiffs further are entitled to their attorneys’ fees and full costs
pursuant to 17 U.S.C. § 505 or as may be otherwise proper under applicable law.
85. Plaintiffs have also suffered and continue to suffer irreparable harm
and injury as a result of the aforesaid infringing acts of Defendants and Plaintiffs
are without an adequate remedy at law, in that damages are extremely difficult to
ascertain and, unless injunctive relief is granted as prayed for herein, Plaintiffs will
be required to pursue a multiplicity of actions. Defendants’ conduct is causing,
and unless enjoined and restrained by this Court will continue to cause, Plaintiffs
great and irreparable injury that cannot fully be compensated for or measured in
money. Plaintiffs have no adequate remedy at law. Pursuant to 17 U.S.C. § 502,
Plaintiffs are entitled to a preliminary and permanent injunction prohibiting further
infringements of their copyright and exclusive rights under copyright.
/ /
/ /
/ /
/ /
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 32 of 91 Page ID #:1001
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 33/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
33
FOURTH AMENDED COMPLAINT
SEVENTH CLAIM FOR RELIEF
(Copyright Infringement – Def Jam Rap Star/ “ I Get Around” )
[Against Konami, Terminal, Autumn]
86. Plaintiffs re-allege and incorporate by reference each of the
allegations made in paragraph 1 through 85 as though fully set forth herein.
87. Within three years of this action, Plaintiffs discovered that on October
5, 2010, Konami, Terminal, and Autumn manufactured, developed, and published
the popular video game, Def Jam Rap Star, which incorporates the infringing
musical recording, “I Get Around” by rap artist, Tupac Shakur.
88. The infringement in Def Jam Rap Star occurs where “I Get Around”
is incorporated and wherein David Pryor’s recorded vocal performance is heard
repeatedly exclaiming “Step Up!” behind the vocal performance of Tupac Shakur.
The “Step Up” sample starts approximately at 0:13 (4x), repeats throughout the
recording at 0:24 seconds (1x); 1:08 seconds (7x); 2:09 seconds (7x); at 2:27
seconds (4x); 3:07 seconds (8x); at 3:47 seconds (13x).
89. Upon information and belief, the Defendants have infringed Plaintiffs’
copyright in the Record by, inter alia, incorporating a sample of the Record in Def
Jam Rap Star’s “I Get Around,” then distributing millions of copies of the
infringing video game in various media throughout the world. The exclusive right
to make copies of the Record was further violated by the unauthorized duplication
and distribution of the sample. The exclusive right to prepare derivative works of
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 33 of 91 Page ID #:1002
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 34/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
34
FOURTH AMENDED COMPLAINT
the Record was further violated by sampling and looping Pryor’s voice throughout
the musical recording, “I Get Around.” Last but not least, Defendants violated
Plaintiffs’ exclusive right to perform the Record in public by including the
unauthorized sample of the Record in the video game.
90. As a direct and proximate result of Defendants’ infringement of
plaintiffs’ exclusive rights under copyright, plaintiffs are entitled to damages as
well as Defendants’ profits pursuant to 17 U.S.C. § 504(b). In addition,
Defendants failed to credit David Pryor for the sample taken and used, resulting in
enormous monetary damage and loss of future earnings. Plaintiffs are presently
unable to ascertain the full extent of the money damages it has suffered by reason
of said acts of copyright infringement.
91. Alternatively, Plaintiffs are entitled to the maximum statutory
damages, in the amount of $150,000 per infringement, pursuant to 17 U.S.C. §
504(c), or for such other amount as may be otherwise proper under applicable law.
Plaintiffs further are entitled to their attorneys’ fees and full costs pursuant to 17
U.S.C. § 505 or as may be otherwise proper under applicable law.
92. Pursuant to 17 U.S.C. § 502, Plaintiffs are entitled to a preliminary
and permanent injunction prohibiting further infringements of their copyrights and
exclusive rights under copyright.
/ /
/ /
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 34 of 91 Page ID #:1003
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 35/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
35
FOURTH AMENDED COMPLAINT
EIGHTH CLAIM FOR RELIEF
(Contributory Infringement – Def Jam Rap Star/ “I Get Around”]
[Against UMG]
93. Plaintiffs re-allege and incorporate by reference each of the
allegations made in paragraph 1 through 92 as though fully set forth herein.
Defendant UMG materially contributed to, induced, and/or caused the
infringement of Plaintiffs’ Record by committing the following acts:
94. Plaintiffs are informed and believe that UMG granted a license to
Konami, Terminal, and Autumn, to include the infringing recording, “I Get
Around” in Def Jam Rap Star. Upon issuing the license, UMG represented and
warranted that “I Get Around” was original, that UMG was authorized to grant the
license, and that such license would not violate the rights of third parties. Relying
upon such representations, Konami, Terminal, and Autumn agreed to use “I Get
Around” in Def Jam Rap Star.
95. UMG knew, however, that “I Get Around” contained an unauthorized
sample of Plaintiff’s Record but acted in complete disregard of Plaintiffs’ rights.
The Record contained a copyright notice showing that it was registered in 1975.
Moreover, the Composition has been registered since 1974. By virtue of UMG
producing and delivering to these third parties an infringing recording under the
guise that it was original and did not contain an unauthorized sample, UMG
materially contributed, caused, or induced the infringement by Konami, Terminal,
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 35 of 91 Page ID #:1004
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 36/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
36
FOURTH AMENDED COMPLAINT
and Autumn.
96. Plaintiffs are entitled to recover from Defendant UMG the damages
Plaintiffs have sustained and will sustain, and all gains, direct and indirect profit
and advantages obtained by defendants as a result of defendants’ acts of
infringement, or at Plaintiffs’ election and as to those infringements for which
statutory damages are available, statutory damages of at least $150,000 or such
greater amount as may be permitted by law.
NINTH CLAIM FOR RELIEF
(Declaration of Joint Authorship and Equitable Accounting –
“I Get Around” by Tupac Shakur)
(Against UMG)
97. Plaintiffs repeat and re-allege every allegation contained in paragraphs
1 through 95 as if fully set forth herein.
98. As of June 2011, Plaintiffs are the finally determined heirs of Pryor
and joint owners of the Record and Composition pursuant to the Judgment
Determining Heirs.
99. Upon performing an investigation, Plaintiffs discovered that
Defendant released a sound recording, entitled “I Get Around,” copyright
registration for which was made in 1993 [Reg. No. SR0000178329]. The
copyright registration omits Pryor’s contribution to the sound recording insofar as
the recording repeatedly incorporates a sample of Pryor’s recorded vocal
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 36 of 91 Page ID #:1005
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 37/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
37
FOURTH AMENDED COMPLAINT
performance from the Record, exclaiming “Step Up!” at various time intervals.
Defendant UMG has incorporated Pryor’s voice from the Record without
compensating Plaintiffs or Pryor for its use.
100. Defendant has never expressly and openly repudiated Plaintiffs’
copyright interest as a co-owner of “I Get Around.” Nor did Plaintiffs or their
predecessor-in-interest Pryor commit any overt act that would constitute an
abandonment or forfeiture of their copyright interest in the sound recording, “I Get
Around.”
101. Plaintiffs are co-owners and/or beneficial co-owners of the sound
recording, “I Get Around” and, thus, are entitled to participate as co-owners and/or
beneficial co-owners of the sound recording, including payment of royalties and
accountings.
102. An actual controversy exists concerning Plaintiffs’ ownership interest
in and to the sample used in “I Get Around.” Further, an actual controversy exists
concerning Plaintiffs’ right to receive accountings, as well as past and future
royalties for Defendant UMG’s use of the Pryor sample contained in “I Get
Around.”
103. Plaintiffs seek and are entitled to a Declaratory Judgment against
Defendant UMG, pursuant to 28 U.S.C. § 2201, decreeing that “I Get Around” is a
“joint work” under 17 U.S.C. § 101; that Pryor was a co-author of “I Get Around,”
and co-owner thereof, under 17 U.S.C. § 201(a); that Pryor was a qualified
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 37 of 91 Page ID #:1006
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 38/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
38
FOURTH AMENDED COMPLAINT
copyright claimant with respect to “I Get Around,” under 37 C.F.R. § 202.3(a)(3),
when “I Get Around” was first fixed in a tangible medium of expression; that the
registration for “I Get Around” has been held in constructive trust by UMG, and
must be supplemented to reflect Plaintiffs’ status as a co-author, co-owner, and
copyright co-claimant; that Plaintiffs are an author’s “children” with respect to “I
Get Around,” under 17 U.S.C. § 101; that Plaintiffs inherited ownership interest in
“I Get Around” upon Pryor’s death, pursuant to 17 U.S.C. § 201(d)(1), and became
co-owners, co-beneficial owners, and/or co-claimants thereof with Defendant
UMG holding an indivisible fifty percent (50%) ownership interest or an
alternative percentage which shall be determined in the interest of justice; that
Plaintiffs may record, with the United States Copyright Office, their status as heirs
and successors to Pryor’s interest in “I Get Around,” under 17 U.S.C. § 205; that
Plaintiffs may publish and otherwise exploit “I Get Around,” independently of
Defendant UMG, and enjoy, exercise, and enforce all other rights, benefits, and
causes of action accorded to copyright owners with respect thereto.
TENTH CLAIM FOR RELIEF
(Copyright Infringement –
Tony Hawk’s Underground /“The Next Step II”
(Against Activision)
104. Plaintiffs re-allege and incorporate by reference each of the
allegations made in paragraph 1 through 103 as though fully set forth herein.
105. Within three years of filing this action, Plaintiffs discovered that in
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 38 of 91 Page ID #:1007
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 39/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
39
FOURTH AMENDED COMPLAINT
October 2003, just before Pryor entered the hospital, Defendant Activision
published an infringing video game, titled Tony Hawks Underground , which
includes an infringing musical recording, titled “The Next Step II,” featuring hip
hop group, People Under the Stairs. Tony Hawks Underground aka THUG, is a
skateboarding video game developed for the PlayStation 2, Nintendo GameCube,
Game Boy Advance, and Xbox platforms. A Microsoft Windows version was
released exclusively in Australia as a budget release in 2004, ported by Beenox.
106. THUG infringes the Record because “The Next Step II” used in the
video game contains an unauthorized sample of Pryor’s recorded voice from the
Record, exclaiming “Step Up Front!,” which repeats approximately nine (9) times
at approximately .06 seconds to 0.11 seconds (3x); 1:38 (1x); 3:04 (1x); 3:09 (1x);
3:12 (1x); 3:17 (1x); 3:19 (1x).
107. Upon information and belief, the Defendants have infringed Plaintiffs’
copyright in the Record by, inter alia, incorporating a sample of the Record in
THUG, then distributing millions of copies of the infringing video game in various
media throughout the world. The exclusive right to make copies of the Record was
further violated by the unauthorized duplication and distribution of the sample.
The exclusive right to prepare derivative works was further violated by sampling
and looping Pryor’s voice in the video game. Last but not least, Defendants
violated Plaintiffs’ exclusive right to perform the Record in public by including the
unauthorized sample of the Record in the video game.
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 39 of 91 Page ID #:1008
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 40/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
40
FOURTH AMENDED COMPLAINT
108. As a direct and proximate result of Defendants’ infringement of
Plaintiffs’ exclusive rights under copyright, plaintiffs are entitled to damages as
well as Defendants’ profits pursuant to 17 U.S.C. § 504(b). In addition,
Defendants failed to credit David Pryor for the sample taken and used, resulting in
enormous monetary damage and loss of future earnings. Plaintiffs are presently
unable to ascertain the full extent of the money damages it has suffered by reason
of said acts of copyright infringement.
109. Alternatively, Plaintiffs are entitled to the maximum statutory
damages, in the amount of $150,000 per infringement, pursuant to 17 U.S.C. §
504(c), or for such other amount as may be otherwise proper under applicable law.
Plaintiffs further are entitled to their attorneys’ fees and full costs pursuant to 17
U.S.C. § 505 or as may be otherwise proper under applicable law.
110. Pursuant to 17 U.S.C. § 502, Plaintiffs are entitled to a preliminary
and permanent injunction prohibiting further infringements of their copyrights and
exclusive rights under copyright.
ELEVENTH CLAIM FOR RELIEF
(Copyright Infringement – Tony Hawk Project 8 / “Smack”)
[Against Activision]
111. Plaintiffs re-allege and incorporate by reference each of the
allegations made in paragraph 1 through 110 as though fully set forth herein.
112. Within three years of filing this action, Plaintiffs discovered that in
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 40 of 91 Page ID #:1009
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 41/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
41
FOURTH AMENDED COMPLAINT
November 2006 and continuing throughout 2007, Activision manufactured,
developed, and published the popular video game, Tony Hawk Project 8, which
incorporates the infringing musical recording, “Smack,” featuring Ugly Duckling.
Ugly Duckling is an American hip hop group that comprises of Dustin McFarland
aka Dizzy Dustin, Rodney Pleasant, Jr. aka Young Einstein, and Andy Cooper aka
Andy Cat. The recording, “Smack,” was originally released by Fat Beats Records
in April 2006, as a single and as part of the album, titled Bang for the Buck .
113. Since 2006, Activision has subsequently repackaged and re-released
Tony Hawk Project 8 in foreign countries through the world, including Europe and
Asia.
114. Tony Hawk's Project 8 is the eighth installment in the Tony Hawk
series of video games. It was released by Activision on sixth-generation consoles
for PlayStation 2 and Xbox and seventh-generation consoles for Xbox 360 and
PlayStation 3. The game's award-winning soundtrack featured 57 tracks from a
variety of artists, including Ugly Duckling’s “Smack.”
115. The sound recording, “Smack” incorporates an unauthorized sample
of Plaintiffs’ Record because it specifically includes the recorded Bumpin’ Bus
Stop drumbeat breakdown from the Record, starting at 3:28 of “Smack.” The fixed
recording of the Bumpin’ Bust Stop drumbeat arrangement from the Record is
original and Defendant’s literal sampling and copying of that portion of the Record
constitutes infringement.
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 41 of 91 Page ID #:1010
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 42/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
42
FOURTH AMENDED COMPLAINT
116. Upon information and belief, the Defendants have infringed Plaintiffs’
copyright in the Record by, inter alia, incorporating a sample of the Record in
“Smack,” then distributing copies of the infringing video game in various media
throughout the world. The exclusive right to make copies of the Record was
further violated by the unauthorized duplication and distribution of the sample.
The exclusive right to prepare derivative works of the Record was further violated
by sampling and looping Pryor’s voice in the video game. Last but not least,
Defendants violated Plaintiffs’ exclusive right to perform the Record in public by
including the unauthorized sample of the Record in the video game.
117. As a direct and proximate result of Defendants’ infringement of
plaintiffs’ exclusive rights under copyright, plaintiffs are entitled to damages as
well as Defendants’ profits pursuant to 17 U.S.C. § 504(b). In addition,
Defendants failed to credit David Pryor for the sample taken and used, resulting in
enormous monetary damage and loss of future earnings. Plaintiffs are presently
unable to ascertain the full extent of the money damages it has suffered by reason
of said acts of copyright infringement.
118. Alternatively, Plaintiffs are entitled to the maximum statutory
damages, in the amount of $150,000 per infringement, pursuant to 17 U.S.C. §
504(c), or for such other amount as may be otherwise proper under applicable law.
Plaintiffs further are entitled to their attorneys’ fees and full costs pursuant to 17
U.S.C. § 505 or as may be otherwise proper under applicable law.
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 42 of 91 Page ID #:1011
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 43/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
43
FOURTH AMENDED COMPLAINT
119. Pursuant to 17 U.S.C. § 502, Plaintiffs are entitled to a preliminary
and permanent injunction prohibiting further infringements of their copyrights and
exclusive rights under copyright.
TWELFTH CLAIM FOR RELIEF
(Copyright Infringement – Skate It / “Step In the Arena”
(Against EA)
120. Plaintiffs re-allege and incorporate by reference each of the
allegations made in paragraph 1 through 119 as though fully set forth herein.
121. Upon information belief, within three years of this action, Plaintiffs
discovered that on or about November 2008, EA manufactured and published an
infringing video game, titled Skate It , which incorporates the musical recording,
“Step In the Arena,” by rap music group, Gang Starr, which comprises of
Christopher Martin, also known as, DJ Premier, and Keith Elam also known as
Guru. The musical recording, “Step In the Arena,” was selected as one of The
Source Magazine’s 100 Best Hip Hop Albums.
122. “Step In the Arena” was Gang Starr’s title track for the album released
by EMI Records, which is now owned and controlled by UMG. The musical
recording was then released by EA in 2008, as part of the Skate It video game.
123. The infringing recording contains a sample of Pryor’s recorded vocal
performance from Plaintiffs’ Record, wherein Pryor exclaims “Step Up!” The
sample appears in “Step In the Arena” at .13 seconds approximately twenty (20)
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 43 of 91 Page ID #:1012
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 44/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
44
FOURTH AMENDED COMPLAINT
times and repeats throughout the infringing recording, including at approximately
1:08 seconds (8x). In 2011, in a public interview, DJ Premier candidly admitted
that he sampled and incorporated David Pryor’s voice from the Record in “Step in
the Area” without Pryor’s permission. DJ Premier further admitted that Shock G
used the same “Step Up” sample from the Record in Tupac Shakur’s “I Get
Around.”
124. Upon information and belief, the Defendant EA has infringed
Plaintiffs’ copyright in the Record by, inter alia, incorporating a sample of the
Record in Skate It, then distributing copies of the infringing video game in various
media throughout the world. The exclusive right to make copies of the Record was
further violated by the unauthorized duplication and distribution of the sample.
The exclusive right to prepare derivative works of the Record was further violated
by sampling and looping Pryor’s voice throughout the musical recording, “Step In
the Arena.” Last but not least, Defendants violated Plaintiffs’ exclusive right to
perform the Record in public by including the unauthorized sample of the Record
in the video game.
125. As a direct and proximate result of Defendants’ infringement of
plaintiffs’ exclusive rights under copyright, Plaintiffs are entitled to damages as
well as Defendants’ profits pursuant to 17 U.S.C. § 504(b). In addition,
Defendants failed to credit David Pryor for the sample taken and used, resulting in
enormous monetary damage and loss of future earnings. Plaintiffs are presently
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 44 of 91 Page ID #:1013
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 45/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
45
FOURTH AMENDED COMPLAINT
unable to ascertain the full extent of the money damages it has suffered by reason
of said acts of copyright infringement.
126. Alternatively, Plaintiffs are entitled to the maximum statutory
damages, in the amount of $150,000 per infringement, pursuant to 17 U.S.C. §
504(c), or for such other amount as may be otherwise proper under applicable law.
Plaintiffs further are entitled to their attorneys’ fees and full costs pursuant to 17
U.S.C. § 505 or as may be otherwise proper under applicable law.
127. Pursuant to 17 U.S.C. § 502, Plaintiffs are entitled to a preliminary
and permanent injunction prohibiting further infringements of their copyrights and
exclusive rights under copyright.
THIRTEENTH CLAIM FOR RELIEF
(Copyright Infringement— Skate 2 / “Step in the Arena”
[Against EA]
128. Plaintiffs re-allege and incorporate by reference each of the
allegations made in paragraph 1 through 127 as though fully set forth herein.
129. Upon information belief, within three years of this action, Plaintiffs
discovered that on or about January 2009, EA manufactured and published an
infringing sequel to its Skate It video game, titled Skate 2, which again
incorporates the musical recording, “Step In the Arena,” by rap music group, Gang
Starr, featuring artists Christopher Martin, also known as, DJ Premier, and Keith
Elam also known as Guru.
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 45 of 91 Page ID #:1014
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 46/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
46
FOURTH AMENDED COMPLAINT
130. The infringing recording contains an unauthorized sample of Pryor’s
voice from the Record, wherein Pryor exclaims “Step Up!” The sample repeatedly
appears in “Step In the Arena” at 0:13 seconds approximately twenty (20) times
then repeats throughout the infringing recording, including at approximately 1:08
seconds (8x).
131. Upon information and belief, the Defendant has infringed Plaintiffs’
copyright in the Record by, inter alia, incorporating a sample of the Record in
Skate It’s “Step In the Arena,” then distributing copies of the infringing video
game in various media throughout the world. The exclusive right to make copies
of the Record was further violated by the unauthorized duplication and distribution
of the sample. The exclusive right to prepare derivative works of the Record was
further violated by sampling and looping Pryor’s voice throughout the musical
recording, “Step In the Arena.” Last but not least, Defendants violated Plaintiffs’
exclusive right to perform the Record in public by including the unauthorized
sample of the Record in the video game.
132. As a direct and proximate result of Defendants’ infringement of
plaintiffs’ exclusive rights under copyright, plaintiffs are entitled to damages as
well as Defendants’ profits pursuant to 17 U.S.C. § 504(b). In addition,
Defendants failed to credit David Pryor for the sample taken and used, resulting in
enormous monetary damage and loss of future earnings. Plaintiffs are presently
unable to ascertain the full extent of the money damages it has suffered by reason
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 46 of 91 Page ID #:1015
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 47/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
47
FOURTH AMENDED COMPLAINT
of said acts of copyright infringement.
133. Alternatively, Plaintiffs are entitled to the maximum statutory
damages, in the amount of $150,000 per infringement, pursuant to 17 U.S.C. §
504(c), or for such other amount as may be otherwise proper under applicable law.
Plaintiffs further are entitled to their attorneys’ fees and full costs pursuant to 17
U.S.C. § 505 or as may be otherwise proper under applicable law.
134. Pursuant to 17 U.S.C. § 502, Plaintiffs are entitled to a preliminary
and permanent injunction prohibiting further infringements of their copyrights and
exclusive rights under copyright.
FOURTEENTH CLAIM FOR RELIEF
(Declaration of Joint Authorship and Equitable Accounting—
“Step In the Arena”
[Against UMG]
135. Plaintiffs repeat and re-allege every allegation contained in paragraphs
1 through 134 as if fully set forth herein.
136. As of June 2011, Plaintiffs are the finally determined heirs of Pryor
and joint owners of the Record and Composition pursuant to the Judgment
Determining Heirs.
137. Upon performing an investigation, Plaintiffs have discovered that
Defendant released a sound recording, entitled “Step In the Arena” [Reg. No.
SR000013077].
138. The copyright registration omits Pryor’s contribution to the sound
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 47 of 91 Page ID #:1016
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 48/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
48
FOURTH AMENDED COMPLAINT
recording insofar as the recording repeatedly incorporates a sample of Pryor’s
recorded vocal performance from the Record, exclaiming “Step Up!” at various
time intervals. Defendant UMG has incorporated Pryor’s voice from the Record
without compensating Plaintiffs or Pryor for its use.
139. Defendant has never expressly and openly repudiated Plaintiffs’
copyright interest in “Step In the Arena.” Nor did Plaintiffs or their predecessor-
in-interest Pryor commit any overt act that would constitute an abandonment or
forfeiture of their copyright interest in the sound recording, “Step In the Arena.”
140. Plaintiffs are co-owners and/or beneficial co-owners of the sound
recording, “Step In the Arena” and, thus, are entitled to participate as co-owners
and/or beneficial co-owners of the sound recording, including payment of royalties
and accountings.
141. An actual controversy exists concerning Plaintiffs’ ownership interest
in and to the sample used in “Step In the Arena.” Further, an actual controversy
exists concerning Plaintiffs’ right to receive accountings, as well as past and future
royalties for Defendant UMG’s use of the Pryor sample contained in “Step in the
Arena.”
142. Plaintiffs seek and are entitled to a Declaratory Judgment against
Defendant UMG, pursuant to 28 U.S.C. § 2201, decreeing that “Step In the Arena”
is a “joint work” under 17 U.S.C. § 101; that Pryor was a co-author of “Step In the
Arena,” and co-owner thereof, under 17 U.S.C. § 201(a); that Pryor was a qualified
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 48 of 91 Page ID #:1017
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 49/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
49
FOURTH AMENDED COMPLAINT
copyright claimant with respect to “Step In the Arena,” under 37 C.F.R. §
202.3(a)(3), when “Step In The Arena” was first fixed in a tangible medium of
expression; that the registration for “Step In the Arena” has been held in
constructive trust by UMG, and must be supplemented to reflect Plaintiffs’ status
as a co-author, co-owner, and copyright co-claimant; that Plaintiffs are an author’s
“children” with respect to “Step In the Arena,” under 17 U.S.C. § 101; that
Plaintiff inherited ownership interest in “Step In the Arena” upon his death,
pursuant to 17 U.S.C. § 201(d)(1), and became co-owners, co-beneficial owners,
and/or co-claimants thereof with Defendant UMG holding an indivisible fifty
percent (50%) ownership interest or an alternative percentage which shall be
determined in the interest of justice; that Plaintiffs may record, with the United
States Copyright Office, their status as heirs and successors to Pryor’s interest in
“Step In The Arena,” under 17 U.S.C. § 205; that Plaintiffs may publish and
otherwise exploit “Step In the Arena,” independently of Defendant UMG, and
enjoy, exercise, and enforce all other rights, benefits, and causes of action accorded
to copyright owners with respect thereto.
FIFTEENTH CLAIM FOR RELIEF
Contributory Copyright Infringement – “Get Down”
[Against Roc-A-Fella and UMG]
143. Plaintiffs repeat and re-allege every allegation contained in paragraphs
1 through 142 as if fully set forth herein.
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 49 of 91 Page ID #:1018
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 50/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
50
FOURTH AMENDED COMPLAINT
144. Upon information and belief, Defendants UMG and Roc-A-Fella have
materially contributed, induced, and/or caused the infringement by On the Low
Records as follows:
145. Within three years of this action, Plaintiffs discovered that on or about
2005, while Pryor was hospitalized and mentally incapacitated, Roc-A-Fella in
association with Defendant UMG, granted a license to On the Low Records
authorizing its use of an infringing musical recording by Dwight Grant aka Beanie
Sigel, entitled “Get Down,” which copies and incorporates an unauthorized sample
of the Record, thereby infringing Plaintiffs’ copyright in the Record. The
infringing recording, “Get Down,” is contained on the compilation album entitled
Public Enemy #1 Mixtape, released by On the Low. “Get Down” was produced by
Kanye West, Ernest Dion Wilson aka No I D, Rick Rock, Just Blaze, 88 keys, Sha
Shelf, Bernard Parker.
146. “Get Down” incorporates an unauthorized sample of David Pryor’s
vocal performance from the Record, exclaiming “Get Down!” at approximately .04
seconds (1x), then at 0:15 seconds (1x), at :19 seconds (18x), at :27 seconds (1x).
The infringing record samples “Get” at 3:40 seconds (5x), “Get Down” at 3:42
(1x); “Get Down” at 3:51 (5x); “Get Down” at 3:53 (1x); at 4:08-4:57 “Get Down,
Down, Down, Down, Down, Get Down with the!” and repeated to the end.
147. Plaintiffs are informed and believe that Defendants re-released the
infringing recording for digital downloads on or about April 2006.
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 50 of 91 Page ID #:1019
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 51/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
51
FOURTH AMENDED COMPLAINT
148. Plaintiffs are informed and believe that Defendants, and each of them,
warranted and represented to On the Low that “Get Down” was an original work,
that it had authority to license the work, and that it did not violate the copyright of
any third parties. Relying upon such warranties and representations, On the Low
Records agreed to use “Get Down” in the compilation album.
149. Defendants knew that “Get Down” contained an unauthorized
sample of Plaintiffs’ Record but acted in complete disregard of Plaintiffs’ rights.
The Record contained a copyright notice placing Defendants on actual or
constructive notice that it was subject to copyright and was registered in 1975.
Moreover, Defendants had an established system of policies and procedures in
place to clear samples and avoid infringement of third party copyrights, but it
knowingly disregarded those procedures. Such actions materially contributed to,
caused, and/or induced the infringement allege herein.
150. Defendants have contributorily infringed Plaintiffs’ copyright by,
inter alia, licensing “Get Down,” and the unauthorized samples of the Record
contained therein, to On the Low Records, which materially induced, contributed
to, and/or caused On the Low Records to distribute copies of “Get Down” to the
public. The exclusive right to make copies of the Record was further violated by
the unauthorized duplication and distribution of the sample. The exclusive right to
prepare derivative works of the Record was further violated by sampling and
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 51 of 91 Page ID #:1020
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 52/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
52
FOURTH AMENDED COMPLAINT
looping Pryor’s voice throughout the musical recording, “Get Down.” Last but not
least, Defendants violated Plaintiffs’ exclusive right to perform the Record in
public by including the unauthorized sample of the Record in the infringing sound
recording.
151. Plaintiff is entitled to recover from Defendants the damages plaintiffs
have sustained and will sustain, and all gains, direct and indirect profit and
advantages obtained by Defendants as a result of Defendants’ acts of infringement
or at Plaintiffs’ election and as to those infringements for which statutory damages
are available, statutory damages of at least $150,000 or such greater amount as
may be permitted by law.
SIXTEENTH CLAIM FOR RELIEF
(Copyright Infringement – Players of the Game)
[Against Stones Throw, Caroline]
152. Plaintiffs repeat and re-allege every allegation contained in paragraphs
1 through 151 as if fully set forth herein.
153. Upon information and belief, within three years of this action,
Plaintiffs discovered that on or about 2005, while Pryor was hospitalized and
mentally incapacitated, Stones Throw and Caroline produced, manufactured, and
distributed an infringing recording, titled “Players of the Game,” which is part of
the album, titled The Future Adventures of Lord Quas, featuring rap artist, Otis Lee
Jackson, Jr., also known as Madlib or Quasimoto,
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 52 of 91 Page ID #:1021
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 53/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
53
FOURTH AMENDED COMPLAINT
154. The infringing record contains a sample of Pryor’s voice from the
Record, exclaiming “Let me show you something! . . . Step up front, you dig . . .
Get Down!,” which starts at approximately 2:07 seconds.
155. Upon information and belief, the Defendants have infringed Plaintiffs’
copyright in the Record by, inter alia, incorporating an unauthorized sample of the
Record in “Players of the Game” then distributing copies of the infringing
recording in various media throughout the world. The exclusive right to make
copies of the Record was further violated by the unauthorized duplication and
distribution of the sample. The exclusive right to prepare derivative works of the
Record was further violated by sampling and looping Pryor’s voice throughout the
musical recording, “Players of the Game.” Last but not least, Defendants violated
Plaintiffs’ exclusive right to perform the Record in public by including the
unauthorized sample of the Record in the infringing recording.
156. As a direct and proximate result of Defendants’ infringement of
plaintiffs’ exclusive rights under copyright, Plaintiffs are entitled to damages as
well as Defendants’ profits pursuant to 17 U.S.C. § 504(b). In addition,
Defendants failed to credit David Pryor for the sample taken and used, resulting in
enormous monetary damage and loss of future earnings. Plaintiffs are presently
unable to ascertain the full extent of the money damages it has suffered by reason
of said acts of copyright infringement.
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 53 of 91 Page ID #:1022
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 54/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
54
FOURTH AMENDED COMPLAINT
157. Alternatively, Plaintiffs are entitled to the maximum statutory
damages, in the amount of $150,000 per infringement, pursuant to 17 U.S.C. §
504(c), or for such other amount as may be otherwise proper under applicable law.
Plaintiffs further are entitled to their attorneys’ fees and full costs pursuant to 17
U.S.C. § 505 or as may be otherwise proper under applicable law.
158. Pursuant to 17 U.S.C. § 502, Plaintiffs are entitled to a preliminary
and permanent injunction prohibiting further infringements of their copyrights and
exclusive rights under copyright.
SEVENTEENTH CLAIM FOR RELIEF
(Copyright Infringement – “Official” by Q-Tip)
[Against UMG]
159. Plaintiffs repeat and re-allege every allegation contained in paragraphs
1 through 158 as if fully set forth herein.
160. Upon information and belief, within three years of this action,
Plaintiffs discovered that, on or about November 6, 2008, Defendant UMG, by and
through its record label Universal Motown Records, produced, manufactured
and/or distributed an infringing sound recording by Jonathan Davis aka Q-Tip,
entitled “Official,” which copies and incorporates an unauthorized sample of the
Record, thereby infringing Plaintiffs’ copyright. The infringing recording,
“Official,” is contained on the album entitled The Renaissance, released by UMG.
“Official” was produced by Jonathan Davis aka Q-Tip.
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 54 of 91 Page ID #:1023
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 55/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
55
FOURTH AMENDED COMPLAINT
161. Specifically, “Official” incorporates and scratches into the recording
an unauthorized sample of David Pryor’s vocal performance from the Record,
exclaiming “It’s The . . .” at approximately 0:2 seconds (2x), at :07 seconds (5x), at
0:16 seconds (5x), and at 1:26 (25x).
162. Upon information and belief, the Defendant has infringed Plaintiffs’
copyright in the Record by, inter alia, incorporating a sample of the Record in
“Official” then distributing copies of the infringing Record in various media
throughout the world. The exclusive right to make copies of the Record was
further violated by the unauthorized duplication and distribution of the sample.
The exclusive right to prepare derivative works was further violated by sampling
and looping Pryor’s voice throughout the musical recording, “Official.” Last but
not least, Defendants violated Plaintiffs’ exclusive right to perform the Record in
public by including the unauthorized sample of the Record in “Official.”
163. As a direct and proximate result of Defendants’ infringement of
plaintiffs’ exclusive rights under copyright, Plaintiffs are entitled to damages as
well as Defendants’ profits pursuant to 17 U.S.C. § 504(b). In addition,
Defendants failed to credit David Pryor for the sample taken and used, resulting in
enormous monetary damage and loss of future earnings. Plaintiffs are presently
unable to ascertain the full extent of the money damages it has suffered by reason
of said acts of copyright infringement.
164. Alternatively, Plaintiffs are entitled to the maximum statutory
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 55 of 91 Page ID #:1024
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 56/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
56
FOURTH AMENDED COMPLAINT
damages, in the amount of $150,000 per infringement, pursuant to 17 U.S.C. §
504(c), or for such other amount as may be otherwise proper under applicable law.
Plaintiffs further are entitled to their attorneys’ fees and full costs pursuant to 17
U.S.C. § 505 or as may be otherwise proper under applicable law.
165. Pursuant to 17 U.S.C. § 502, Plaintiffs are entitled to a preliminary
and permanent injunction prohibiting further infringements of their copyrights and
exclusive rights under copyright.
EIGHTEENTH CLAIM FOR RELIEF(Copyright Infringement—“Dance on the Glass”)
[Against UMG]
166. Plaintiffs repeat and re-allege every allegation contained in paragraphs
1 through 165 as if fully set forth herein.
167. Upon information and belief, within three years of this action,
Plaintiffs discovered that, on or about November 6, 2008, Defendant UMG, by and
through its label Universal Motown Records, recorded, produced, manufactured
and/or distributed an infringing sound recording by Jonathan Davis aka Q-Tip,
entitled “Dance on the Glass,” which copies and incorporates an unauthorized
sample of the Record, thereby infringing Plaintiffs’ copyright. The infringing
recording, “Dance on the Glass,” is contained on the album entitled The
Renaissance, released by UMG. “Dance on the Glass” was produced by Jonathan
Davis aka Q-Tip.
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 56 of 91 Page ID #:1025
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 57/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
57
FOURTH AMENDED COMPLAINT
168. “Dance on the Glass” samples the Record by incorporating Pryor’s
voice from the Record, wherein Pryor exclaims: “It’s the Hottest Thing” at 2:29
seconds (1x) and 2:40 seconds (1x) of the infringing recording.
169. Upon information and belief, the Defendant has infringed Plaintiffs’
copyright in the Record by, inter alia, incorporating a sample of the Record in
“Dance on the Glass” then distributing copies of the infringing Record in various
media throughout the world. The exclusive right to make copies of the Record was
further violated by the unauthorized duplication and distribution of the sample.
The exclusive right to prepare derivative works of the Record was further violated
by sampling and looping Pryor’s voice throughout the musical recording, “Dance
on the Glass.” Last but not least, Defendants violated Plaintiffs’ exclusive right to
perform the Record in public by including the unauthorized sample of the Record
in “Dance on the Glass.”
170. As a direct and proximate result of Defendants’ infringement of
plaintiffs’ exclusive rights under copyright, plaintiffs are entitled to damages as
well as Defendants’ profits pursuant to 17 U.S.C. § 504(b). In addition,
Defendants failed to credit David Pryor for the sample taken and used, resulting in
enormous monetary damage and loss of future earnings. Plaintiffs are presently
unable to ascertain the full extent of the money damages it has suffered by reason
of said acts of copyright infringement.
171. Alternatively, Plaintiffs are entitled to the maximum statutory
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 57 of 91 Page ID #:1026
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 58/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
58
FOURTH AMENDED COMPLAINT
damages, in the amount of $150,000 per infringement, pursuant to 17 U.S.C. §
504(c), or for such other amount as may be otherwise proper under applicable law.
Plaintiffs further are entitled to their attorneys’ fees and full costs pursuant to 17
U.S.C. § 505 or as may be otherwise proper under applicable law.
172. Pursuant to 17 U.S.C. § 502, Plaintiffs are entitled to a preliminary
and permanent injunction prohibiting further infringements of their copyrights and
exclusive rights under copyright.
NINETEENTH CLAIM FOR RELIEFCopyright Infringement—“The Payback Gotta”
[Against Stones Throw, Caroline]
173. Plaintiffs repeat and re-allege every allegation contained in paragraphs
1 through 172 as if fully set forth herein.
174. Within three years of this action, Plaintiffs discovered that on or about
March 21, 2006, while Pryor was hospitalized and mentally incapacitated, Stones
Throw and Caroline Distribution manufactured and released an infringing
recording, titled “The Payback Gotta,” which was part of the album, titled Beat
Konducta Vol. 1-2: Movie Scenes, featuring Otis Jackson, Jr. aka Madlib. The
recording was produced by executive producer, Chris Manak, also known as
Peanut Butter Wolf.
175. The infringing recording, “The Payback Gotta” incorporates an
unauthorized sample of the Record, specifically the voice of David Pryor from the
Record, exclaiming, “Step Up!” beginning at 0:01 seconds.
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 58 of 91 Page ID #:1027
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 59/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
59
FOURTH AMENDED COMPLAINT
176. Upon information and belief, the Defendant has infringed Plaintiffs’
copyright in the Record by, inter alia, incorporating a sample of the Record in
“The Payback Gotta,” then distributing copies of the infringing Record in various
media throughout the world. The exclusive right to make copies of the Record was
further violated by the unauthorized duplication and distribution of the sample.
The exclusive right to prepare derivative works of the Record was further violated
by sampling and looping Pryor’s voice throughout the musical recording, “The
Payback Gotta.” Last but not least, Defendants violated Plaintiffs’ exclusive right
to perform the Record in public by including the unauthorized sample of the
Record in “The Payback Gotta.”
177. As a direct and proximate result of Defendants’ infringement of
plaintiffs’ exclusive rights under copyright, plaintiffs are entitled to damages as
well as Defendants’ profits pursuant to 17 U.S.C. § 504(b). In addition,
Defendants failed to credit David Pryor for the sample taken and used, resulting in
enormous monetary damage and loss of future earnings. Plaintiffs are presently
unable to ascertain the full extent of the money damages it has suffered by reason
of said acts of copyright infringement.
178. Alternatively, Plaintiffs are entitled to the maximum statutory
damages, in the amount of $150,000 per infringement, pursuant to 17 U.S.C. §
504(c), or for such other amount as may be otherwise proper under applicable law.
Plaintiffs further are entitled to their attorneys’ fees and full costs pursuant to 17
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 59 of 91 Page ID #:1028
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 60/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
60
FOURTH AMENDED COMPLAINT
U.S.C. § 505 or as may be otherwise proper under applicable law.
179. Pursuant to 17 U.S.C. § 502, Plaintiffs are entitled to a preliminary
and permanent injunction prohibiting further infringements of their copyrights and
exclusive rights under copyright.
TWENTIETH CLAIM RELIEF
Copyright Infringement— “Cold Cutz”
[Against Bomb, Caroline, Fat Beats]
180. Plaintiffs repeat and re-allege every allegation contained in paragraphs
1 through 179 as if fully set forth herein
181. Within three years of this action, Plaintiffs discovered that on or about
August 1, 2004, while Pryor was hospitalized and mentally incapacitated, Bomb,
Fat Beats, and Caroline manufactured and distributed an infringing recording,
titled “Cold Cutz,” as part of the album Audio Technician, featuring DJ JS-1 aka
William Tramontozzi.
182. The infringing recording, “Cold Cutz,” incorporates an unauthorized
sample of Plaintiffs’ Record at approximately 2:20 seconds, wherein Pryor’s voice
from the Record is heard exclaiming, “Step Up!” at least, three times.
183. Upon information and belief, the Defendant has infringed Plaintiffs’
copyright in the Record by, inter alia, incorporating a sample of the Record in
“Cold Cutz” then distributing copies of the infringing recording in various media
throughout the world. The exclusive right to make copies of the Record was
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 60 of 91 Page ID #:1029
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 61/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
61
FOURTH AMENDED COMPLAINT
further violated by the unauthorized duplication and distribution of the sample.
The exclusive right to prepare derivative works of the Record was further violated
by sampling and looping Pryor’s voice throughout the musical recording, “Cold
Cutz.” Last but not least, Defendants violated Plaintiffs’ exclusive right to perform
the Record in public by including the unauthorized sample of the Record in the
infringing recording.
184. Plaintiffs are informed and believe that Defendants knew at all times
relevant that the Record was the original expression of Pryor, was no the original
expression of Defendant, or anyone else.
185. As a direct and proximate result of Defendants’ infringement of
plaintiffs’ exclusive rights under copyright, plaintiffs are entitled to damages as
well as Defendants’ profits pursuant to 17 U.S.C. § 504(b). In addition,
Defendants failed to credit David Pryor for the sample taken and used, resulting in
enormous monetary damage and loss of future earnings. Plaintiffs are presently
unable to ascertain the full extent of the money damages it has suffered by reason
of said acts of copyright infringement.
186. Alternatively, Plaintiffs are entitled to the maximum statutory
damages, in the amount of $150,000 per infringement, pursuant to 17 U.S.C. §
504(c), or for such other amount as may be otherwise proper under applicable law.
Plaintiffs further are entitled to their attorneys’ fees and full costs pursuant to 17
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 61 of 91 Page ID #:1030
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 62/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
62
FOURTH AMENDED COMPLAINT
U.S.C. § 505 or as may be otherwise proper under applicable law.
187. Pursuant to 17 U.S.C. § 502, Plaintiffs are entitled to a preliminary
and permanent injunction prohibiting further infringements of their copyrights and
exclusive rights under copyright.
TWENTY-FIRST CLAIM FOR RELIEF
(Declaration of Joint Authorship and Equitable Accounting—
“Dance on the Glass”)
[Against UMG]
188. Plaintiffs repeat and re-allege every allegation contained in paragraphs
1 through 189 as if fully set forth herein,
189. As of June 2011, Plaintiffs are the finally determined heirs of Pryor
and joint owners of the Record and Composition pursuant to the Judgment
Determining Heirs.
190. Upon performing an investigation, Plaintiffs discovered that
Defendant released a sound recording, entitled “Dance on the Glass,” as part of the
album, titled Renaissance by Jonathan Davis aka Q-Tip, the copyright registration
for which was made in 2008 [Reg. No. SR0000619991]. The copyright
registration omits Pryor’s contribution to the sound recording insofar as the
recording repeatedly incorporates a sample of Pryor’s recorded vocal performance
from the Record, exclaiming “It’s the Hottest Thing!” at various time intervals.
Defendant UMG has incorporated Pryor’s voice from the Record without
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 62 of 91 Page ID #:1031
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 63/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
63
FOURTH AMENDED COMPLAINT
compensating Plaintiffs or Pryor for its use.
191. Defendant has never expressly and openly repudiated Plaintiffs’
copyright interest in “Dance on the Glass.” Nor did Plaintiffs or their predecessor-
in-interest Pryor commit any overt act that would constitute an abandonment or
forfeiture of their copyright interest in the sound recording, “Dance on the Glass.”
192. Plaintiffs are co-owners and/or beneficial co-owners of the sound
recording, “Dance on the Glass” and, thus, are entitled to participate as co-owners
and/or beneficial co-owners of the sound recording, including payment of royalties
and accountings.
193. An actual controversy exists concerning Plaintiffs’ ownership interest
in and to the sample used in “Dance on the Glass.” Further, an actual controversy
exists concerning Plaintiffs’ right to receive accountings, as well as past and future
royalties for Defendant UMG’s use of the Pryor sample contained in “Dance on the
Glass.”
194. Plaintiffs seek and are entitled to a Declaratory Judgment against
Defendant UMG, pursuant to 28 U.S.C. § 2201, decreeing that “Dance on the
Glass” is a “joint work” under 17 U.S.C. § 101; that Pryor was a co-author of
“Dance on the Glass,” and co-owner thereof, under 17 U.S.C. § 201(a); that Pryor
was a qualified copyright claimant with respect to “Dance on the Glass,” under 37
C.F.R. § 202.3(a)(3), when “Dance on the Glass” was first fixed in a tangible
medium of expression; that the registration for “Dance on the Glass” has been held
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 63 of 91 Page ID #:1032
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 64/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
64
FOURTH AMENDED COMPLAINT
in constructive trust by UMG, and must be supplemented to reflect Plaintiffs’
status as a co-author, co-owner, and copyright co-claimant; that Plaintiffs are an
author’s “children” with respect to “Dance on the Glass,” under 17 U.S.C. § 101;
that Plaintiff inherited ownership interest in “Dance on the Glass” upon his death,
pursuant to 17 U.S.C. § 201(d)(1), and became co-owners, co-beneficial owners,
and/or co-claimants thereof with Defendant UMG holding an indivisible fifty
percent (50%) ownership interest or an alternative percentage which shall be
determined in the interest of justice; that Plaintiffs may record, with the United
States Copyright Office, their status as heirs and successors to Pryor’s interest in
“Official,” under 17 U.S.C. § 205; that Plaintiffs may publish and otherwise
exploit “Dance on the Glass” independently of Defendant UMG, and enjoy,
exercise, and enforce all other rights, benefits, and causes of action accorded to
copyright owners with respect thereto.
TWENTY-SECOND CLAIM FOR RELIEF
(Declaration of Joint Authorship and Equitable Accounting—
“Sunny Hours” by Long Beach Dub Allstars featuring will.i.am
[Against UMG]
195. Plaintiffs repeat and re-allege every allegation contained in paragraphs
1 through 194 as if fully set forth herein.
196. As of June 2011, Plaintiffs are the finally determined heirs of Pryor
and joint owners of the Record and Composition pursuant to the Judgment
Determining Heirs.
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 64 of 91 Page ID #:1033
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 65/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
65
FOURTH AMENDED COMPLAINT
197. Upon performing an investigation, Plaintiffs have discovered that
Defendant released a sound recording, entitled “Sunny Hours,” copyright
registration for which was made by UMG-owned label, DreamWorks Records, in
2001 [Reg. No. SR0000301452]. “Sunny Hours” was recorded by music group,
Long Beach Dub Allstars, as part of its album titled Wonders of the World, and
features guest recording artist, will.i.am. The current members of the group
include: Opie Ortiz, Jack Maness, Ed Kampwith, Michael “Miguel” Happoldt, and
Marshall Goodman.
198. The copyright registration omits Pryor’s contribution to the sound
recording insofar as the recording repeatedly incorporates a sample of Pryor’s
recorded vocal performance from the Record, exclaiming “Step Up!” at various
time intervals. Defendant UMG has incorporated Pryor’s voice from the Record
without compensating Plaintiffs or Pryor for its use. Specifically, the sample of
Pryor’s voice can be heard at approximately 0:03 seconds (1x), at 0:58 seconds
(1x); at 1:58 seconds (1x); and at 3:04 seconds (1x) in the infringing recording.
199. Defendant has never expressly and openly repudiated Plaintiffs’
copyright interest in “Sunny Hours.” Nor did Plaintiffs or their predecessor-in-
interest, Pryor, commit any overt act that would constitute an abandonment or
forfeiture of their copyright interest in the sound recording, “Sunny Hours.”
200. Plaintiffs are co-owners and/or beneficial co-owners of the sound
recording, “Sunny Hours” and, thus, are entitled to participate as co-owners and/or
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 65 of 91 Page ID #:1034
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 66/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
66
FOURTH AMENDED COMPLAINT
beneficial co-owners of the sound recording, including payment of royalties and
accountings.
201. An actual controversy exists concerning Plaintiffs’ ownership interest
in and to the sample used in “Sunny Hours.” Further, an actual controversy exists
concerning Plaintiffs’ right to receive past and future accountings, as well as future
royalties for Defendant UMG’s use of the Pryor sample contained in “Sunny
Hours.”
202. Plaintiffs seek and are entitled to a Declaratory Judgment against
Defendant UMG, pursuant to 28 U.S.C. § 2201, decreeing that “Sunny Hours” is a
“joint work” under 17 U.S.C. § 101; that Pryor was a co-author of “Sunny Hours,”
and co-owner thereof, under 17 U.S.C. § 201(a); that Pryor was a qualified
copyright claimant with respect to “Sunny Hours,” under 37 C.F.R. § 202.3(a)(3),
when “Sunny Hours” was first fixed in a tangible medium of expression; that the
registration for “Sunny Hours” has been held in constructive trust by UMG, and
must be supplemented to reflect Plaintiffs’ status as a co-author, co-owner, and
copyright co-claimant; that Plaintiffs are an author’s “children” with respect to
“Sunny Hours,” under 17 U.S.C. § 101; that Plaintiffs inherited ownership interest
in “Sunny Hours” upon his death, pursuant to 17 U.S.C. § 201(d)(1), and became
co-owners, co-beneficial owners, and/or co-claimants thereof with Defendant
UMG holding an indivisible fifty percent (50%) ownership interest or an
alternative percentage which shall be determined in the interest of justice; that
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 66 of 91 Page ID #:1035
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 67/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
67
FOURTH AMENDED COMPLAINT
Plaintiffs may record, with the United States Copyright Office, their status as heirs
and successors to Pryor’s interest in “Sunny Hours,” under 17 U.S.C. § 205; that
Plaintiffs may publish and otherwise exploit “Sunny Hours,” independently of
Defendant UMG, and enjoy, exercise, and enforce all other rights, benefits, and
causes of action accorded to copyright owners with respect thereto.
TWENTY-THIRD CLAIM FOR RELIEF
(Copyright Infringement – Joey (TV Series and DVDs)
[Against NBCUniversal and Warner Bros. Entertainment]
203. Plaintiffs repeat and re-allege every allegation contained in paragraphs
1 through 202 as if fully set forth herein.
204. Within three years of this action, Plaintiffs discovered that in
September 9, 2004, while Pryor was in the hospital and mentally incapacitated,
Warner Bros. Entertainment and NBCUniversal, by and through its television
network, NBC, aired a television series, titled Joey. Joey is an American sitcom, a
spin-off from the popular series, Friends, which stars Matt LeBlanc reprising his
role as Joey Tribbiani. It premiered on the NBC television network, on September
9, 2004, in the former time slot of its parent series, Thursday nights at 8:00 p.m.
205. Warner Bros. Entertainment and NBCUniversal unlawfully use the
infringing work “Sunny Hours” as their theme song for Joey, which plays for
approximately 30 seconds during the opening and closing credits of each of the
show’s 46 episodes. The infringement in Joey occurs where “Sunny Hours” is
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 67 of 91 Page ID #:1036
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 68/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
68
FOURTH AMENDED COMPLAINT
played during the opening credits of each episode, wherein Dave Pryor’s recorded
vocal performance is heard, saying “Step Up!” (1x) at approximately 0:15 into the
theme song. In addition, the infringement also occurs where “Sunny Hours” is
played during the end credits of each episode at :15, where Pryor’s voice is heard
saying “Step Up!.”
206. The series did well in the Nielsen ratings in its first season (2004–
2005) and was subsequently renewed for a second season (2005–2006).
207. The show was pulled from its Thursday-night timeslot in December
2005, and NBC returned the show in a new timeslot (Tuesdays at 8pm) on March
7, 2006. The network pulled the series after the first Tuesday broadcast and its
cancellation was announced on May 15, 2006. The remaining episodes have never
been broadcast by NBC, but have been shown on various other networks around
the world.
208. The complete first season of Joey was released on DVD on May 30,
2006, with all 24 episodes and French and Spanish subtitles. The complete second
season of Joey was released on April 29, 2008 in Canada and on September 10,
2008 in the Netherlands and September 11, 2008 in Portugal.
209. Upon information and belief, the Defendants have infringed Plaintiffs’
copyright in the Record by, inter alia, incorporating a sample of the Record in Joey
then distributing copies of the infringing television theme song in various media
throughout the world. The exclusive right to make copies of the Record was
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 68 of 91 Page ID #:1037
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 69/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
69
FOURTH AMENDED COMPLAINT
further violated by the unauthorized duplication and distribution of the sample as
part of Joey theme song. The exclusive right to prepare derivative works of the
Record was further violated by including Pryor’s voice in the theme song, which
aired in every episode of the television series. Last but not least, Defendants
violated Plaintiffs’ exclusive right to perform the Record in public by including the
unauthorized sample of the Record in the theme song and each episode of the
television series.
210. Plaintiffs are informed and believe that Defendants knew at all times
relevant that the Record was the original expression of Pryor, was no the original
expression of Defendant, or anyone else.
211. As a direct and proximate result of Defendants’ infringement of
plaintiffs’ exclusive rights under copyright, plaintiffs are entitled to damages as
well as Defendants’ profits pursuant to 17 U.S.C. § 504(b). In addition,
Defendants failed to credit David Pryor for the sample taken and used, resulting in
enormous monetary damage and loss of future earnings. Plaintiffs are presently
unable to ascertain the full extent of the money damages it has suffered by reason
of said acts of copyright infringement.
212. Alternatively, Plaintiffs are entitled to the maximum statutory
damages, in the amount of $150,000 per infringement, pursuant to 17 U.S.C. §
504(c), or for such other amount as may be otherwise proper under applicable law.
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 69 of 91 Page ID #:1038
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 70/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
70
FOURTH AMENDED COMPLAINT
Plaintiffs further are entitled to their attorneys’ fees and full costs pursuant to 17
U.S.C. § 505 or as may be otherwise proper under applicable law.
213. Pursuant to 17 U.S.C. § 502, Plaintiffs are entitled to a preliminary
and permanent injunction prohibiting further infringements of their copyrights and
exclusive rights under copyright.
TWENTY-FOURTH CLAIM FOR RELIEF
(Contributory Copyright Infringement –
Joey (TV Series and DVDs))
[Against UMG]
214. Upon information and belief, Defendants have materially contributed
to, induced, and contributed to the infringement of the Record by third parties by
committing acts, including but not limited to, the following:
215. Within three years of this action, Plaintiffs discovered that in
September 2004, while Pryor was in the hospital and mentally incapacitated,
UMG, by and through its record label DreamWorks Records, licensed to television
producer, Warner Bros. Entertainment, and NBCUniversal, a non-exclusive use of
“Sunny Hours” to be included in the opening theme song for the television series,
titled Joey, airing on NBC television network.
216. The infringement in Joey occurs where “Sunny Hours” is featured in
during the opening credits of each episode, wherein Dave Pryor’s recorded vocal
performance is heard, saying “Step Up” at approximately 0:15. The infringement
also occurs where “Sunny Hours” is featured during the end credits of each episode
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 70 of 91 Page ID #:1039
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 71/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
71
FOURTH AMENDED COMPLAINT
at :15, where Pryor’s voice is heard saying “Step Up!.”
217. The foregoing acts of infringement by Defendant has been willful,
intentional and purposeful, in knowing disregard of and indifferent to Plaintiffs’
rights. The copyright in and to the Record has been registered with a copyright
notice since 1975.
218. The Defendants have infringed Plaintiffs’ copyright in the Record by,
inter alia, incorporating a sample of the Record in Joey, then causing copies of the
infringing television series in various media throughout the world. Defendants
violated the Plaintiffs’ exclusive right to duplicate the Record by using the sound
recording sample. The exclusive right to make copies was further violated by the
unauthorized duplication and distribution of the sample. The exclusive right to
prepare derivative works of the Record was further violated by sampling and
looping Pryor’s voice throughout the musical recording. Last but not least,
Defendants violated Plaintiffs’ exclusive right to perform the Record in public by
including the unauthorized sample of the Record in the musical recording.
219. As a direct and proximate result of Defendants’ infringement of
Plaintiffs’ exclusive rights under copyright, plaintiffs are entitled to damages as
well as Defendants’ profits pursuant to 17 U.S.C. § 504(b). In addition,
Defendants failed to credit David Pryor for the sample taken and used, resulting in
enormous monetary damage and loss of future earnings. Plaintiffs are presently
unable to ascertain the full extent of the money damages it has suffered by reason
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 71 of 91 Page ID #:1040
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 72/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
72
FOURTH AMENDED COMPLAINT
of said acts of copyright infringement.
220. Alternatively, Plaintiffs are entitled to the maximum statutory
damages, in the amount of $150,000 per infringement, pursuant to 17 U.S.C. §
504(c), or for such other amount as may be otherwise proper under applicable law.
221. Plaintiffs further are entitled to their attorneys’ fees and full costs
pursuant to 17 U.S.C. § 505 or as may be otherwise proper under applicable law.
222. Defendants’ conduct is causing, and unless enjoined and restrained by
this Court will continue to cause, Plaintiffs great and irreparable injury that cannot
fully be compensated for or measured in money. Plaintiffs have no adequate
remedy at law. Pursuant to 17 U.S.C. § 502, Plaintiffs are entitled to a preliminary
and permanent injunction prohibiting further infringements of their copyrights and
exclusive rights under copyright.
TWENTY-FIFTH CLAIM FOR RELIEFCopyright Infringement --
Tupac Shakur: Resurrection Motion Picture and Music Soundtrack
[Against Paramount Pictures]
223. Plaintiffs repeat and re-allege every allegation contained in paragraphs
1 through 224 as if fully set forth herein.
225. Within three years of this action, Plaintiffs discovered that in
November 2003, just prior to Pryor entering into the hospital, Defendant
Paramount Picture released Tupac: Resurrection, a documentary about the life and
death of rapper, Tapac Shakur. The film, directed by and released by Paramount
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 72 of 91 Page ID #:1041
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 73/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
73
FOURTH AMENDED COMPLAINT
Pictures, is narrated by Tupac Shakur himself. The film was in theaters from
November 16, 2003 to December 21, 2003. As of July 1, 2008 it had earned over
$7.8 million, making it the 21st-highest-grossing documentary film in the United
States. The film was nominated for the Academy Award for Best Documentary
Feature at the 77th Academy Awards.
226. The infringing recording, “I Get Around,” was licensed to Paramount
by and through UMG. The infringing film, Tupac Shakur: Resurrection
incorporates the infringing sound recording, “I Get Around,” in the film. In
addition, the song “I Get Around” is separately featured in the music soundtrack
promoting the film. The film was later repackaged and re-released by Paramount
in multiple formats, including DVD, Blue-Ray, and through digital media.
227. Upon information and belief, the Defendants have infringed Plaintiffs’
copyright in the Record by, inter alia, incorporating a sample of the Record in
Tupac Shakur: Resurrection, then distributing copies of the infringing copies of
the infringing film throughout the world. The exclusive right to make copies of the
Record was further violated by the unauthorized duplication and distribution of the
sample. The exclusive right to prepare derivative works was further violated by
sampling and looping Pryor’s voice in the film. Last but not least, Defendants
violated Plaintiffs’ exclusive right to perform the Record in public by including the
unauthorized sample of the Record in the film.
228. As a direct and proximate result of Defendants’ infringement of
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 73 of 91 Page ID #:1042
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 74/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
74
FOURTH AMENDED COMPLAINT
plaintiffs’ exclusive rights under copyright, plaintiffs are entitled to damages as
well as Defendants’ profits pursuant to 17 U.S.C. § 504(b). In addition,
Defendants failed to credit David Pryor for the sample taken and used, resulting in
enormous monetary damage and loss of future earnings. Plaintiffs are presently
unable to ascertain the full extent of the money damages it has suffered by reason
of said acts of copyright infringement.
229. Alternatively, Plaintiffs are entitled to the maximum statutory
damages, in the amount of $150,000 per infringement, pursuant to 17 U.S.C. §
504(c), or for such other amount as may be otherwise proper under applicable law.
Plaintiffs further are entitled to their attorneys’ fees and full costs pursuant to 17
U.S.C. § 505 or as may be otherwise proper under applicable law.
230. Pursuant to 17 U.S.C. § 502, Plaintiffs are entitled to a preliminary
and permanent injunction prohibiting further infringements of their copyrights and
exclusive rights under copyright.
TWENTY-SIXTH CLAIM FOR RELIEF
Copyright Infringement-- “All Caps”
(Stones Throw)
231. Plaintiffs repeat and re-allege every allegation contained in paragraphs
1 through 230 as if fully set forth herein.
232. Within three years of this action, Plaintiffs discovered that Stones
Throw produced and released in 2006 an infringing recording, titled “All Caps”
featuring rap group, Madvillain, as part of its album, Madvillainy. Madvillainy
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 74 of 91 Page ID #:1043
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 75/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
75
FOURTH AMENDED COMPLAINT
comprises artists, Otis Lee Jackson and Dumile Daniel Thompson. The recording
samples Bumpin Bus Stop’s original drum beat musical phrase and “Step” vocal
phrase.
233. Specifically, the unauthorized drum beat musical phrase appear at the
following times in the “All Caps” sound recording: 0:07 secs. through 0:28 secs.
The drumbeat phrase then repeats at 0:29 secs. to 0:33 secs., 0:34 secs. to 0:45
secs, 0:46 secs to 1:39 secs., 1:40 secs. to 1:44 secs.
234. “All Caps” also includes a sample from the Record by incorporating
Pryor’s performance of “Step” vocal phrases throughout the recording at the
following times: 0:08 secs. (4x) at the introduction; “Step” repeats at 0:12 secs.
(1x), at .17 secs. (1x), at 0:23 secs. (1x), at 0:56 secs. (1x), at 1:01 secs. (1x), at
1:12 secs. (1x), at1:23 sec. (1x), and at 1:28 secs. (1x).
235. Upon information and belief, the Defendants have infringed Plaintiffs’
copyright in the Record by, inter alia, incorporating a sample of the Record in “All
Caps,” then distributing copies of “All Caps” in various media throughout the
world. Defendants violated the Plaintiffs’ exclusive right to duplicate the Record
by using the sound recording sample. The exclusive right to make copies was
further violated by the unauthorized duplication and distribution of the sample. The
exclusive right to prepare derivative works of the Record was further violated by
sampling and looping Pryor’s voice throughout the musical recording. Last but not
least, Defendants violated Plaintiffs’ exclusive right to perform the Record in
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 75 of 91 Page ID #:1044
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 76/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
76
FOURTH AMENDED COMPLAINT
public by including the unauthorized sample of the Record in the musical
recording.
TWENTY-SEVENTH CLAIM FOR RELIEF
Contributory Infringement –
The Boondocks “Let’s Knab Oprah”
[Against Stones Throw]
236. Plaintiffs repeat and re-allege every allegation contained in paragraphs
1 through 235 as if fully set forth herein.
237. Upon information and belief, Defendants have materially contributed
to, induced, and contributed to the infringement of the Record by third parties by
committing acts, including but not limited to, the following:
238. Within three years of this action, Plaintiffs discovered that Stones
Throw in 2006 licensed to Sony Pictures a non-exclusive use of “All Caps” in the
animated television series, titled The Boondocks, airing on the Cartoon Network.
Specifically, the infringing recording, “All Caps,” appears in The Boondocks
Season 1, Episode 11, entitled “Let’s Nab Oprah,” first airing on or about February
12, 2006.
239. As set forth above, the infringement in The Boondocks episode of
“Let’s Knab Oprah” occurs where “All Caps” is featured and where Dave Pryor’s
recorded vocal performance is repeatedly heard, saying “Step” and where the
Bumpin’ Bus Stop original drumbeat breakdown is sampled.
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 76 of 91 Page ID #:1045
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 77/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
77
FOURTH AMENDED COMPLAINT
240. The foregoing acts of infringement by Defendant has been willful,
intentional and purposeful, in knowing disregard of and indifferent to Plaintiffs’
rights. The copyright in and to the Record has been registered with a copyright
notice since 1975. Moreover, upon Stones Throw Records granting the license to
Cartoon Network, it warranted that it was the owner of an original work, that it had
the authority to grant such license, and that such license did not violate the rights
of third parties. Relying upon Stones Throw’s warranties and representations,
Cartoon Network agreed to use “All Caps” in The Boondocks television series. As
a result, Defendants materially caused, contributed to, and/or induced the
infringement alleged herein.
241. The Defendants have infringed Plaintiffs’ copyright by, inter alia,
incorporating a sample of the Record in The Boondocks “Let’s Knab Oprah” then
causing copies of the infringing animated series in various media throughout the
world. Defendants violated the Plaintiffs’ exclusive right to duplicate the Record
by using the sound recording sample. The exclusive right to make copies was
further violated by the unauthorized duplication and distribution of the sample.
The exclusive right to prepare derivative works was further violated by sampling
and looping Pryor’s voice and drumbeat throughout the musical recording. Last
but not least, Defendants violated Plaintiffs’ exclusive right to perform the Record
in public by including the unauthorized sample of the Record in the musical
recording.
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 77 of 91 Page ID #:1046
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 78/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
78
FOURTH AMENDED COMPLAINT
242. As a direct and proximate result of Defendants’ infringement of
plaintiffs’ exclusive rights under copyright, plaintiffs are entitled to damages as
well as Defendants’ profits pursuant to 17 U.S.C. § 504(b). In addition,
Defendants failed to credit David Pryor for the sample taken and used, resulting in
enormous monetary damage and loss of future earnings. Plaintiffs are presently
unable to ascertain the full extent of the money damages it has suffered by reason
of said acts of copyright infringement.
243. Alternatively, Plaintiffs are entitled to the maximum statutory
damages, in the amount of $150,000 per infringement, pursuant to 17 U.S.C. §
504(c), or for such other amount as may be otherwise proper under applicable law.
244. Plaintiffs further are entitled to their attorneys’ fees and full costs
pursuant to 17 U.S.C. § 505 or as may be otherwise proper under applicable law.
245. Defendants’ conduct is causing, and unless enjoined and restrained by
this Court will continue to cause, Plaintiffs great and irreparable injury that cannot
fully be compensated for or measured in money. Plaintiffs have no adequate
remedy at law. Pursuant to 17 U.S.C. § 502, Plaintiffs are entitled to a preliminary
and permanent injunction prohibiting further infringements of their copyrights and
exclusive rights under copyright.
/ /
/ /
/ /
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 78 of 91 Page ID #:1047
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 79/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
79
FOURTH AMENDED COMPLAINT
TWENTY-EIGHTH CLAIM FOR RELIEF
(Copyright Infringement – Step Up)
[Against Jake Records]
246. Plaintiffs repeat and re-allege every allegation contained in paragraphs
1 through 245 as if fully set forth herein.
247. Within three years of this action, Plaintiffs discovered that Jake
Records produced and released in May 20, 2008, an infringing musical recording,
titled “Step Up” featuring rap group, Gregory Jacobs aka Shock G and Digital
Underground, as part of its album, Cuz A D.U. Party Don’t Stop. The producer on
the “Step Up” recording is Gregory Jacobs.
248. Jacobs is also the producer for the infringing recordings, “I Get
Around” by Tupac Shakur.
249. The infringing recording samples Pryor’s voice various times
throughout the Record. David Pryor’s recorded vocal performance from the
Record is heard repeatedly exclaiming “Step Up!” behind the vocal performance of
Tupac Shakur. The “Step Up” sample starts approximately at 0:13 (4x), repeats
throughout the recording at 0:24 seconds (1x); 1:08 seconds (7x); 2:09 seconds
(7x); at 2:27 seconds (4x); 3:07 seconds (8x); at 3:47 seconds (13x).
250. The Defendants have infringed Plaintiffs’ copyright by, inter alia,
incorporating a sample of the Record in “Step Up” then causing copies of the
infringing animated series in various media throughout the world. Defendants
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 79 of 91 Page ID #:1048
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 80/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
80
FOURTH AMENDED COMPLAINT
violated the Plaintiffs’ exclusive right to duplicate the Record by using the sound
recording sample. The exclusive right to make copies was further violated by the
unauthorized duplication and distribution of the sample. The exclusive right to
prepare derivative works was further violated by sampling and looping Pryor’s
voice throughout the musical recording. Last but not least, Defendants violated
Plaintiffs’ exclusive right to perform the Record in public by including the
unauthorized sample of the Record in the musical recording.
251. As a direct and proximate result of Defendants’ infringement of
plaintiffs’ exclusive rights under copyright, plaintiffs are entitled to damages as
well as Defendants’ profits pursuant to 17 U.S.C. § 504(b). In addition,
Defendants failed to credit David Pryor for the sample taken and used, resulting in
enormous monetary damage and loss of future earnings. Plaintiffs are presently
unable to ascertain the full extent of the money damages it has suffered by reason
of said acts of copyright infringement.
252. Alternatively, Plaintiffs are entitled to the maximum statutory
damages, in the amount of $150,000 per infringement, pursuant to 17 U.S.C. §
504(c), or for such other amount as may be otherwise proper under applicable law.
253. Plaintiffs further are entitled to their attorneys’ fees and full costs
pursuant to 17 U.S.C. § 505 or as may be otherwise proper under applicable law.
254. Defendants’ conduct is causing, and unless enjoined and restrained by
this Court will continue to cause, Plaintiffs great and irreparable injury that cannot
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 80 of 91 Page ID #:1049
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 81/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
81
FOURTH AMENDED COMPLAINT
fully be compensated for or measured in money. Plaintiffs have no adequate
remedy at law. Pursuant to 17 U.S.C. § 502, Plaintiffs are entitled to a preliminary
and permanent injunction prohibiting further infringements of their copyrights and
exclusive rights under copyright.
TWENTY-NINTH CLAIM FOR RELIEF
(Copyright Infringement – “Ventilation”)
[Against Caroline, Bomb]
255. Plaintiffs repeat and re-allege every allegation contained in paragraphs
1 through 254as if fully set forth herein.
256. Within three years of this action, Plaintiffs discovered that Caroline
and Bomb manufactured, produced, and released on October 7, 2003, an infringing
musical recording, titled “Ventilation,” featuring rap group, William Tramontozzi
aka DJ JS-1, as part of its album, Return of the DJ Volume 5. Tramontozzi was
the producer on the “Ventilation” recording.
257. The infringing recording contains an unauthorized sample of Pryor’s
voice from the Record wherein Pryor exclaims: "Step Up Front!,” which starts at
2:26 seconds.
258. The Defendants have infringed Plaintiffs’ copyright by, inter alia,
incorporating a sample of the Record in “Ventilation,” then causing copies of the
infringing animated series in various media throughout the world. Defendants
violated the Plaintiffs’ exclusive right to duplicate the Record by using the sound
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 81 of 91 Page ID #:1050
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 82/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
82
FOURTH AMENDED COMPLAINT
recording sample. The exclusive right to make copies was further violated by the
unauthorized duplication and distribution of the sample. The exclusive right to
prepare derivative works was further violated by sampling and looping Pryor’s
voice and drumbeat throughout the musical recording. Last but not least,
Defendants violated Plaintiffs’ exclusive right to perform the Record in public by
including the unauthorized sample of the Record in the musical recording.
259. As a direct and proximate result of Defendants’ infringement of
plaintiffs’ exclusive rights under copyright, plaintiffs are entitled to damages as
well as Defendants’ profits pursuant to 17 U.S.C. § 504(b). In addition,
Defendants failed to credit David Pryor for the sample taken and used, resulting in
enormous monetary damage and loss of future earnings. Plaintiffs are presently
unable to ascertain the full extent of the money damages it has suffered by reason
of said acts of copyright infringement.
260. Alternatively, Plaintiffs are entitled to the maximum statutory
damages, in the amount of $150,000 per infringement, pursuant to 17 U.S.C. §
504(c), or for such other amount as may be otherwise proper under applicable law.
261. Plaintiffs further are entitled to their attorneys’ fees and full costs
pursuant to 17 U.S.C. § 505 or as may be otherwise proper under applicable law.
262. Defendants’ conduct is causing, and unless enjoined and restrained by
this Court will continue to cause, Plaintiffs great and irreparable injury that cannot
fully be compensated for or measured in money. Plaintiffs have no adequate
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 82 of 91 Page ID #:1051
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 83/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
83
FOURTH AMENDED COMPLAINT
remedy at law. Pursuant to 17 U.S.C. § 502, Plaintiffs are entitled to a preliminary
and permanent injunction prohibiting further infringements of their copyrights and
exclusive rights under copyright.
THIRTIETH CLAIM FOR RELIEF
(Copyright Infringement— Super Duper Duck Breaks, Side B
[Against Stones Throw]
263. Plaintiffs repeat and re-allege every allegation contained in paragraphs
1 through 262 as if fully set forth herein.
264. Within three years of this action, Plaintiffs discovered that in 2000,
Stones Throw released an infringing recording, titled, as part of an album, titled
Super Duper Duck Breaks, featuring artist Chris Oroc aka DJ Babu. The
infringing recording was produced by Chris Manak aka Peanut Butter Wolf and
engineer, Chad McNamara.
265. The infringement occurs on Side B of the sound recording as follows:
Pryor’s voice is heard exclaiming: “Hey gang, let me show you something. It’s
the hottest thing and it’s on its way to the top. Step Up Front! You Dig! Get down
with the Bust Stop.” (3:15 seconds) There is a guitar sample from the Record at
7:11. There is a sampled beat from the Record that plays at 6:19 seconds. There is
also a sample of “Step Up Front!” occurring at 7:12.
266. The Defendant has infringed Plaintiffs’ copyright in the Record by,
inter alia, incorporating a sample of the Record in Super Duper Duck Breaks, then
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 83 of 91 Page ID #:1052
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 84/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
84
FOURTH AMENDED COMPLAINT
causing copies of the infringing animated series in various media throughout the
world. Defendants violated the Plaintiffs’ exclusive right to duplicate the Record
by using the sound recording sample. The exclusive right to make copies was
further violated by the unauthorized duplication and distribution of the sample.
The exclusive right to prepare derivative works was further violated by sampling
and looping Pryor’s voice and drumbeat throughout the musical recording. Last
but not least, Defendants violated Plaintiffs’ exclusive right to perform the Record
in public by including the unauthorized sample of the Record in the musical
recording.
267. As a direct and proximate result of Defendants’ infringement of
plaintiffs’ exclusive rights under copyright, plaintiffs are entitled to damages as
well as Defendants’ profits pursuant to 17 U.S.C. § 504(b). In addition,
Defendants failed to credit David Pryor for the sample taken and used, resulting in
enormous monetary damage and loss of future earnings. Plaintiffs are presently
unable to ascertain the full extent of the money damages it has suffered by reason
of said acts of copyright infringement.
268. Alternatively, Plaintiffs are entitled to the maximum statutory
damages, in the amount of $150,000 per infringement, pursuant to 17 U.S.C. §
504(c), or for such other amount as may be otherwise proper under applicable law.
269. Plaintiffs further are entitled to their attorneys’ fees and full costs
pursuant to 17 U.S.C. § 505 or as may be otherwise proper under applicable law.
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 84 of 91 Page ID #:1053
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 85/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
85
FOURTH AMENDED COMPLAINT
270. Defendants’ conduct is causing, and unless enjoined and restrained by
this Court will continue to cause, Plaintiffs great and irreparable injury that cannot
fully be compensated for or measured in money. Plaintiffs have no adequate
remedy at law. Pursuant to 17 U.S.C. § 502, Plaintiffs are entitled to a preliminary
and permanent injunction prohibiting further infringements of their copyrights and
exclusive rights under copyright.
THIRTY-FIRST CLAIM FOR RELIEF
(Copyright Infringement—
“Step Up Breaks - Super Duck Breaks”)
[Against Stones Throw]
271. Plaintiffs repeat and re-allege every allegation contained in paragraphs
1 through 270 as if fully set forth herein.
272. Within three years of this action, Plaintiffs discovered that in 2012,
Stones Throw released an infringing recording in Japan, titled “Step Up Breaks -
Super Duck Breaks,” as part of an album, titled The Saga, featuring artist Chris
Oroc aka DJ Babu. The infringing recording was produced by Chris Manak aka
Peanut Butter Wolf and engineer, Chad McNamara.
273. The infringement occurs at 4:41 of the infringing recording, wherein
Pryor’s voice from the Record is heard twelve (12x) times, exclaiming “Step Up!”
throughout the infringing recording.
274. The Defendant has infringed Plaintiffs’ copyright in the Record by,
inter alia, incorporating a sample of the Record in Step Up Breaks-Super Duck
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 85 of 91 Page ID #:1054
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 86/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
86
FOURTH AMENDED COMPLAINT
Breaks, then causing copies of the infringing animated series in various media
throughout the world. Defendants violated the Plaintiffs’ exclusive right to
duplicate the Record by using the sound recording sample. The exclusive right to
make copies was further violated by the unauthorized duplication and distribution
of the sample. The exclusive right to prepare derivative works was further violated
by sampling and looping Pryor’s voice throughout the musical recording. Last but
not least, Defendants violated Plaintiffs’ exclusive right to perform the Record in
public by including the unauthorized sample of the Record in the musical
recording.
275. As a direct and proximate result of Defendants’ infringement of
plaintiffs’ exclusive rights under copyright, plaintiffs are entitled to damages as
well as Defendants’ profits pursuant to 17 U.S.C. § 504(b). In addition,
Defendants failed to credit David Pryor for the sample taken and used, resulting in
enormous monetary damage and loss of future earnings. Plaintiffs are presently
unable to ascertain the full extent of the money damages it has suffered by reason
of said acts of copyright infringement.
276. Alternatively, Plaintiffs are entitled to the maximum statutory
damages, in the amount of $150,000 per infringement, pursuant to 17 U.S.C. §
504(c), or for such other amount as may be otherwise proper under applicable law.
277. Plaintiffs further are entitled to their attorneys’ fees and full costs
pursuant to 17 U.S.C. § 505 or as may be otherwise proper under applicable law.
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 86 of 91 Page ID #:1055
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 87/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
87
FOURTH AMENDED COMPLAINT
278. Defendants’ conduct is causing, and unless enjoined and restrained by
this Court will continue to cause, Plaintiffs great and irreparable injury that cannot
fully be compensated for or measured in money. Plaintiffs have no adequate
remedy at law. Pursuant to 17 U.S.C. § 502, Plaintiffs are entitled to a preliminary
and permanent injunction prohibiting further infringements of their copyrights and
exclusive rights under copyright.
THIRTY-SECOND CLAIM FOR RELIEF
(Declaration of Joint Authorship and Equitable Accounting
–
“Get Down” by Craig Mack)
[Against Bad Boy]
279. Plaintiffs re-allege and incorporate by reference each of the
allegations made in paragraph 1 through 256 as though fully set forth herein. 258.
280. Within three years of filing this action, Plaintiffs discovered that Bad
Boy recorded, produced, manufactured and/or distributed an infringing sound
recording by Craig Mack, entitled “Get Down,” [Reg. No. SR0000313015, which
copies and incorporates an unauthorized sample of the Record. The infringing
recording, “Get Down,” is contained on the album entitled Project Funk Da World ,
released by Bad Boy and UMG. The recording, “Get Down,” was produced by
Easy Moe Bee, Osten Harvey, Jonathan Davis aka Q-Tip. The engineers were
Bassy Brockman and Tim Lathan.
281. “Get Down” incorporates a sample of David Pryor’s vocal
performance from the Record, exclaiming “Get Down!” at approximately .46
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 87 of 91 Page ID #:1056
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 88/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
88
FOURTH AMENDED COMPLAINT
seconds, then loops and scratches the sample throughout the infringing recording at
1:49, 2:54- 3:43 (at least 52 times).
282. The copyright registration omits Pryor’s contribution to the sound
recording insofar as the recording repeatedly incorporates a sample of Pryor’s
recorded vocal performance from the Record, exclaiming “Get Down”
283. Defendant has never expressly and openly repudiated Plaintiffs’
copyright interest in “Get Down.” Nor did Plaintiffs or their predecessor-in-
interest, Pryor, commit any overt act that would constitute an abandonment or
forfeiture of their copyright interest in the sound recording, “Get Down.”
284. Plaintiffs are co-owners and/or beneficial co-owners of the sound
recording, “Get Down” and, thus, are entitled to participate as co-owners and/or
beneficial co-owners of the sound recording, including payment of royalties and
accountings.
285. An actual controversy exists concerning Plaintiffs’ ownership interest
in and to the sample used in “Get Down.” Further, an actual controversy exists
concerning Plaintiffs’ right to receive past and future accountings, as well as future
royalties for Defendant Bad Boy use of the Pryor sample contained in “Get
Down.”
286. Plaintiffs seek and are entitled to a Declaratory Judgment against
Defendant Bad Boy, pursuant to 28 U.S.C. § 2201, decreeing that “Get Down” is a
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 88 of 91 Page ID #:1057
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 89/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
89
FOURTH AMENDED COMPLAINT
“joint work” under 17 U.S.C. § 101; that Pryor was a co-author of “Get Down,”
and co-owner thereof, under 17 U.S.C. § 201(a); that Pryor was a qualified
copyright claimant with respect to “Get Down,” under 37 C.F.R. § 202.3(a)(3),
when “Get Down” was first fixed in a tangible medium of expression; that the
registration for “Get Down” has been held in constructive trust by UMG, and must
be supplemented to reflect Plaintiffs’ status as a co-author, co-owner, and
copyright co-claimant; that Plaintiffs are an author’s “children” with respect to
“Get Down,” under 17 U.S.C. § 101; that Plaintiffs inherited ownership interest in
“Get Down” upon his death, pursuant to 17 U.S.C. § 201(d)(1), and became co-
owners, co-beneficial owners, and/or co-claimants thereof with Bad Boy, holding
an indivisible fifty percent (50%) ownership interest or an alternative percentage
which shall be determined in the interest of justice; that Plaintiffs may record, with
the United States Copyright Office, their status as heirs and successors to Pryor’s
interest in “Get Down,” under 17 U.S.C. § 205; that Plaintiffs may publish and
otherwise exploit “Get Down,” independently of Defendant Bad Boy, and enjoy,
exercise, and enforce all other rights, benefits, and causes of action accorded to
copyright owners with respect thereto.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray for judgment against Defendants as follows:
1. For an award of damages in an amount to be established at trial,
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 89 of 91 Page ID #:1058
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 90/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
90
FOURTH AMENDED COMPLAINT
including, without limitation, actual, statutory, and/or consequential damages and
disgorgement of all ill-gotten profits directly or indirectly derived from the
Defendants’ unlawful conduct;
2. For a court declaration of the parties’ rights and interests in the
recordings specified in the Second, Ninth, Fourteenth, Twenty-First, Twenty-
Second, and Thirty-Second Claims for Relief, including a determination of
equitable past and future accountings for the benefit of Plaintiffs;
3. For the imposition of a constructive trust and accountings of all
monies derived from the unlawful infringements of Plaintiffs’ Record;
4. For an immediate issuance of a preliminary restraining order
enjoining and restraining Defendants from using any infringing copyright material
and further copyright infringement;
5. For an issuance of a permanent injunction which shall permanently
and forever enjoin and restrain Defendants from taking any action which would
further harm the rights and interests of Plaintiffs;
6. For an award of attorneys’ fees and costs under, inter alia, 17 U.S.C.
§ 505;
7. For all other relief justified under the circumstances of this case.
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 90 of 91 Page ID #:1059
7/18/2019 Steward v. West - Fourth Amended Complaint
http://slidepdf.com/reader/full/steward-v-west-fourth-amended-complaint 91/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
DATED: February 19, 2014 LAW OFFICES OF COURTNEY M. COATES
By: / s/ Courtney M. Coates COURTNEY M. COATES, ESQ.Attorneys for Plaintiffs TRENA STEWARDLORENZO PRYOR, KARLA RAY
DEMAND FOR JURY TRIAL
Pursuant to Local Civil Rule 38-1, Plaintiffs hereby demands a
jury and respectfully reserve their right to a jury trial.
LAW OFFICES OF COURTNEY M. COATES
By: /s/ Courtney M. Coates
COURTNEY M. COATES, ESQ.,Attorneys for Plaintiffs TRENASTEWARD, LORENZO PRYOR, andKARLA RAY
Case 2:13-cv-02449-BRO-JC Document 87 Filed 02/21/14 Page 91 of 91 Page ID #:1060