Abs (original) (raw)

0% found this document useful (0 votes)

602 views

Abs

0% found this document useful (0 votes)

602 views

19 pages

© © All Rights Reserved

Available Formats

PDF, TXT or read online from Scribd

Share this document

Did you find this document useful?

Is this content inappropriate?

0% found this document useful (0 votes)

602 views19 pages

Abs

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ABS ENTERTAINMENT, INC., an Arkansas corporation, each individually and on behalf of all others similarly situated. Plaintiff, v. CBS CORPORATION, a Delaware corporation; CBS RADIO INC., a Delaware corporation; and DOES 1-10, Defendants. Civil Action No.:

CLASS ACTION COMPLAINT [DEMAND FOR JURY TRIAL]

!"#$ &'&()*+),-.,& /0*12$34 & 567$8 ,.9:;9&( <"=$ & 0> &?

1 Plaintiff, ABS Entertainment, Inc. (“ABS”) (“Plaintiff”), individually and on behalf of all other similarly situated owners of sound recordings, complains and alleges as follows:

PRELIMINARY STATEMENT

1. This is a class action on behalf of owners of sound recording to obtain injunctive relief and monetary damages sustained by Plaintiff and the Class because Defendants, through their actions to deliver music content through broadcast radio channels, HD radio channels, the Internet and mobile devices without consent of or licenses from Plaintiff and the Class. As a result of their pernicious, improper and illegal conduct, Defendants have reaped hundreds of millions of dollars that rightfully belong to Plaintiff and the Class. 2. Defendant CBS Corporation Inc. (through itself and its subsidiaries, including CBS Radio Inc.) (collectively, “CBS”) is one of the leading operators in the United States of media and entertainment services via broadcast and digital delivery. Specifically, CBS delivers music content through broadcast (AM and FM) radio channels, HD radio channels, the Internet and its stations’ websites, and through one or more CBS mobile applications on smart phones, tablets and consoles. According to CBS, as of February 10, 2015, it owned 117 domestic radio stations, servicing 26 U.S. media markets, including 77% of the top 25 markets. (Delivery by CBS of musical content through AM and FM radio stations shall hereafter be described as the “Broadcast Service”). Many of its stations in the Broadcast Service are the most popular music stations in the applicable market, including in New York City, where CBS owns and operates WCBS – 101.1 FM, WBMP – 92.3 FM, and WWFS – 102.7 FM. 3. CBS also streams to listeners the digital simulcast of the sound recordings being performed on its radio stations through the Internet and mobile application. (Delivery by CBS. (Delivery by CBS of musical content through the Internet shall hereafter be described as the “Internet Service”). The Broadcast Service and the Internet Service are sometimes referred to collectively as the “Music Service.”

4. CBS has not obtained performance rights licenses or paid public performance royalties to copyright owners of sound recordings of musical performances that initially were

!"#$ &'&()*+),-.,& /0*12$34 & 567$8 ,.9:;9&( <"=$ : 0> &?

2 fixed (

i.e

., recorded) prior to February 15, 1972 (“Pre-1972 Recordings”). Sound recordings initially fixed on or after February 15, 1972 are subject to federal copyright protection under the United States Copyright Act and are not the subject of this lawsuit. 5. Pre-1972 recordings comprise the historical backbone of the music industry. From Tin Pan Alley to the Big Band era to the Summer of Love, those recordings have defined generations and include the recordings of legendary artists such as Al Green, Elvis Presley, Frank Sinatra, The Turtles and The Beatles. 6. CBS understands the value of Pre-1972 Recordings to its Music Service but has ignored the obligation to obtain licenses to exploit those recordings. Instead, CBS has chosen to copy tens of thousands of Pre-1972 Recordings to its servers and to transmit, copy, perform, broadcast and stream them to its millions of users on a daily basis without any authorization. By selling advertisements and through other means, CBS profits handsomely from its exploitation of Pre-1972 Recordings. 7. New York common law provides protection for Pre-1972 Recordings from unauthorized reproduction, performance, distribution or other exploitation, and provides the owners of Pre-1972 Recordings the right to bring a claim for common law copyright infringement and a separate claim for unfair competition against parties who engage in such unauthorized actions. A common law copyright infringement claim in New York consists of two elements: (1) the existence of a valid copyright; and (2) unauthorized use, reproduction or other exploitation of the work protected by the copyright. In addition to these two elements, a claim for unfair competition in New York requires competition in the marketplace or similar actions designed for commercial benefit or deception of the public. 8. Because CBS has chosen to operate the Music Service without licenses for Pre-1972 Recordings, CBS is now liable under New York law for both common law copyright infringement and unfair competition for its unauthorized reproduction, distribution, and public performance of those recordings.

!"#$ &'&()*+),-.,& /0*12$34 & 567$8 ,.9:;9&( <"=$ @ 0> &?

Reward Your Curiosity

Everything you want to read.

Anytime. Anywhere. Any device.

No Commitment. Cancel anytime.