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United States District Court

Western District of Texas

Austin Division

KIRK JOHNSTON, §

§

PLAINTIFF § CAUSE NO. 

§

V. §

§

CHAD KROEGER, MICHAEL KROEGER, §

RYAN PEAKE, DANIEL ADAIR, WARNER §

MUSIC GROUP, ATLANTIC RECORDING §

CORP., ROADRUNNER RECORDS, INC., §

WARNER/CHAPPELL MUSIC, INC., AND §

LIVE NATION ENTERTAINMENT, INC. §

PLAINTIFF’S ORIGINAL COMPLAINT 

Pursuant to the Federal Rules of Civil Procedure, Plaintiff Kirk Johnston (“Plaintiff” or 

“Johnston”) hereby files this Original Complaint against Defendants Chad Kroeger, Michael 

Kroeger, Ryan Peake, Daniel Adair, Warner Music Group, Atlantic Recording Corporation,

Roadrunner Records, Inc., Warner/Chappell Music, Inc., and Live Nation Entertainment. In 

support hereof, Johnston hereby states the following: 

Nature of the Case

1. This is an action for copyright infringement damages and injunctive relief in violation of 

17 U.S.C. §101, et seq., arising from Defendants’ unauthorized reproduction, distribution and 

public performance of the copyrighted musical composition Rock Star written by Plaintiff Kirk 

Johnston. 

Parties

2. Kirk Johnston is an individual resident of Harris County, Texas. 

3. Chad Kroeger is an individual resident of Canada who performs music as part of a band 

known as “Nickelback” (collectively with Defendants Peake, M.Kroeger and Adair referred to as 

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the “Nickelback Defendants”). Kroeger is credited as a co-writer/co-composer of Rockstar and is 

a feature performer on the infringing sound recording Rockstar on Nickelback’s Album All the 

Right Reasons. The Nickelback Defendants including Kroger have publicly performed the 

infringing work and/or authorized the reproduction, distribution and public performance of the 

infringing work. 

4. Ryan Peake is an individual resident of Canada who performs music as part of a band 

known as “Nickelback.” Peake is credited as a co-writer/co-composer of Rockstar and is a 

feature performer on the infringing sound recording Rockstar on Nickelback’s Album All the 

Right Reasons. The Nickelback Defendants including Peake have publicly performed the 

infringing work and/or authorized the reproduction, distribution and public performance of the 

infringing work.

5. Michael Kroeger is an individual resident of Canada who performs music as part of a 

band known as “Nickelback.” M.Kroeger is credited as a co-writer/co-composer of Rockstar and 

is a feature performer on the infringing sound recording Rockstar on Nickelback’s Album All the 

Right Reasons. The Nickelback Defendants including M.Kroeger have publicly performed the 

infringing work and/or authorized the reproduction, distribution and public performance of the 

infringing work

6. Daniel Adair is an individual resident of Canada who performs music as part of a band 

known as “Nickelback.” Adair is credited as a co-writer/co-composer of Rockstar and is a 

feature performer on the infringing sound recording Rockstar on Nickelback’s Album All the 

Right Reasons. The Nickelback Defendants including Adair have publicly performed the 

infringing work and/or authorized the reproduction, distribution and public performance of the 

infringing work.

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7. Warner Music Group (“WMG”) is a Delaware corporation that maintains an office in 

New York City, New York. WMG engages in, among other things, the business of 

manufacturing, distributing and licensing of sound recordings. WMG has reproduced, distributed 

and authorized the public performance of the infringing work. WMG is authorized to do business 

in the state of Texas.

8. Atlantic Recording Corporation (“Atlantic”) is a record company engaged in the 

business of developing artists, and in the business of creating, manufacturing, selling, and 

distributing musical works compositions and musical sound recordings. Atlantic is organized 

and existing under the laws of the state of Delaware, with a principal place of business in New 

York City, New York. Atlantic is a subsidiary of WMG and is authorized to do business in the 

state of Texas. 

9. Roadrunner Records, Inc. (“Roadrunner”) is a corporation organized and existing under 

the laws of the state of New York, with a principal place of business in New York City, New 

York. Roadrunner is a subsidiary of Atlantic (and therefore, WMG) and is authorized to do 

business in the state of Texas. Upon information and belief, Roadrunner Records distributes the 

infringing work by and through a distribution agreement between itself and Atlantic and/or 

WMG. 

10. Warner/Chappell Music, Inc. (“Warner/Chappell”) is a global music publishing company 

that is involved in the acquisition of rights to, and licensing of, musical compositions (as 

opposed to recordings) from songwriters, composers or other rights holders. Warner/Chappell is 

organized and existing under the laws of the state of Delaware, with a principal place of business 

in Santa Monica, California. Warner/Chappell is a subsidiary of WMG and is authorized to do 

business in the state of Texas. Upon information and belief, Warner/Chappell is the owner of the 

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copyright for the Nickelback song “Rockstar,” which administers the copy right on behalf of the 

Nickelback Defendants.

11. Live Nation Entertainment, Inc. (“Live Nation”) advertises, markets and sells its services 

in the state of Texas to individuals, businesses, and other vendors. Furthermore, on information 

and belief, Live Nation Entertainment has two offices in Texas. It also offers its services through 

a public-facing website, accessible to Texas residents and businesses, that is not merely passive.

On information and belief, Live Nation has promoted and continues to promote live concerts for 

WMG and the Nickelback Defendants, including performance of the infringing Rockstar song.

Jurisdiction and Venue

12. The Court has subject matter jurisdiction over this matter pursuant to 28 U.S.C. §1331 

and §1338(a) because this case arises under the Copyright Act and the Copyright Revision Act of 

1976, 17 U.S.C. § 101 et. seq.

13. Venue is proper in this district under 28 U.S.C. §1400(a) because the Defendants or their 

agents “may be found” in the Western District of Texas, i.e., because the Court has personal 

jurisdiction over Defendants in the Western District of Texas. Personal jurisdiction exists over 

each of the Defendants under the Texas long arm statute, Tex. Civ. Prac. & Rem. Code §17.042, 

because Defendants have directed their infringing activities and marketing of same to Texas 

residents, and because they have repeatedly and consistently placed the infringing work into the 

stream of commerce knowing that Texas residents would be able to purchase it during the time 

period for which damages are sought. Defendants have also performed the infringing work at 

least twenty (20) times in the state of Texas, including numerous occasions in this District, and 

therefore, have knowingly and intentionally benefitted from the availability of a particular state's 

market for their infringing work. Individually and collectively, Defendants’ actions have resulted 

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in systematic and continuous contacts with the state of Texas such as to confer specific and/or 

general personal jurisdiction over Defendants in the Western District of Texas.

Ownership of Rock Star

14. Johnston is an accomplished guitarist and songwriter who performed original 

compositions with a band known as Snowblind Revival beginning in 1997 and through the early 

2000s. Unlike Nickelback’s hard rock sound, Snowblind Revival would be considered an 

alternative rock band with more indie/eclectic roots. 

15. While he was a member of Snowblind Revival, Johnston wrote and created the musical 

composition Rock Star in 2001. Johnston’s musical composition Rock Star contains 

copyrightable subject matter under the copyright laws of the United States. Johnston has also 

registered a copyright in the musical composition Rock Star with the United States Copyright 

Office, with an effective date of December 8, 2019, issued under certificate number PA 2-216-

632. At all relevant times, Johnston has been the sole owner of the copyright. 

16. In the late 1990s and early 2000s, Snowblind Revival experienced some critical acclaim 

and commercial success. As an up and coming band during this time, Snowblind Revival met 

with the A&R (Artists and Repertoire) representatives of nearly every major recording label in 

the United States. As part of its pitch to get signed, Snowblind Revival presented their music to a 

broad variety of labels, including Universal Music Group, Columbia Records, Maverick 

Records, Atlantic Records, Arista Records, Sony Music Group and Warner Music Group. The 

general feedback from the executives from these labels was very positive about the band, but 

most particularly about Johnston’s composition Rock Star. One executive described Rock Star as 

the band’s most “radio friendly song”; another executive offered an opinion that it was the type 

of hit song that could launch a career. 

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17. In 2000, Snowblind Revival performed in venues around the country, including but not 

limited to live shows in Los Angeles, CA, Austin, TX, Lexington, KY, Nashville, TN and New 

York City. Snowblind Revival also traveled to New York City in 2001 to perform at the 

Continental Ballroom and to introduce their music to the various labels. Prior to traveling to New

York, Snowblind Revival recorded Rock Star and three other original songs on a mobile 12 track 

studio. The recordings were engineered by the band’s drummer, Wes Korner, and a master disc 

was printed off the studio equipment in or about August 2001. From that master disc, 15 CDR’s 

were burned using Johnston’s home computer and sent to the various record labels with a press 

kit as well as showcase dates and times. WMG as well as other labels including Atlantic 

Records, Sony, Universal and Columbia, received a copy of Johnston’s Rockstar during this time 

and through this process. 

18. As a result of Snowblind Revival’s marketing efforts, including the distribution of Rock 

Star directly to the A&R representatives of Defendants Atlantic and WMG, Defendants had 

direct access to Johnston’s musical composition Rock Star.

19. Due to the contraction of the music industry after 9/11, Snowblind Revival was 

unsuccessful in their efforts to obtain a major recording label deal at this time. Although 

Snowblind Revival did not formally disband, the band took a long hiatus until approximately 

2018, discussed in paragraph 29 below. 

Defendants’ Infringement of Rock Star

20. In January 2005, Defendants commercially released the musical composition and sound 

recording, Rockstar by the band Nickelback as part of its album All the Right Reasons. On 

information and belief, Defendants Chad Kroeger, Mike Kroeger, Ryan Peake and Daniel Adair 

are each credited as the composers/songwriters for Rockstar. 

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21. Since its debut in 2005 and re-release in 2007, All the Right Reasons has achieved a fair 

degree of commercial success (if not critical scorn). As of December 2015, All the Right Reasons

had sold nearly 8 million copies in the United States and 14.5 million copies worldwide. It is 

estimated that All the Right Reasons has generated in excess of $250,000,000 in revenue for 

Defendants. 

22. One of the significant reasons for the album’s commercial success was Rockstar, which is 

the biggest selling single on the album. Rockstar has sold over 4.5 million copies and was one of 

the top selling songs of the first decade of this century. Documentary evidence reflects that 

Nickelback has performed Rockstar live in concert hundreds of times since its debut in 2005 

(including at least 20 times in the state of Texas).

23. A substantial amount of the music in Rockstar is copied from Johnston’s original 

composition Rock Star. Specifically, substantial portions of the tempo, song form, melodic 

structure, harmonic structures, and lyrical themes were copied from Johnston’s original work. 

Ironically, Nickelback’s Rockstar even includes a lyrical reference to the common industry 

practice of using unknown songwriters to ghost write songs for popular bands, and then taking 

credit for such songs (i.e., “Get washed-up singers writin' all my songs”) (emphasis added).

24. The music and lyrical themes of Nickelback’s Rockstar are not the product of 

independent creation. 

25. The music and lyrical themes of Nickelback’s Rockstar is substantially, strikingly similar 

to Johnston’s Rock Star. The portions copied are both quantitatively and qualitatively substantial 

to the copyrightable elements of Johnston’s Rock Star, individually and in combination. 

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26. Defendants never sought or obtained permission from Plaintiff to use Johnston’s Rock 

Star in creating, producing, recording, distributing, selling, broadcasting, or publicly performing 

Rockstar. 

27. Plaintiff never gave any of the Defendants permission, consent, or a license to use 

Johnston’s Rock Star for any purpose, including but not limited to the creation of any derivative 

work based on Johnston’s Rock Star. 

28. As alleged above, Defendants have licensed, reproduced, copied, distributed, sold, 

broadcast, publicly performed and/or authorized the reproduction, distribution and public 

performance of Nickelback’s infringing composition, sound recording and audio-visual 

recording of Rockstar, and continue to infringe Johnston’s Rock Star, in numerous ways 

including but not limited to the following:

(a) Selling the album All the Right Reasons to the public through numerous online 

retailers and through retail stores throughout the country; 

(b) Providing a digital version of Rockstar to, among other services, iTunes, Apple 

Music, Amazon Music, Prime Music, Google Play Music, Spotify, Pandora, YouTube Music, 

Sirius XM, and other e-music providers, for purchase and/or subscription-based download and/or 

streaming by consumers; and

(c) Performing Rockstar as part of the setlist for the upcoming All The Right Reasons 

Tour (celebrating the 15th anniversary of the All The Right Reasons album), scheduled to kick off 

June 19, 2020 in Raleigh, NC (with tour dates including Dallas, TX and Houston, TX on Sept. 3-

4, 2020). 

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Discovery Rule

29. In 2018, the living members of Snowblind Revival reunited and undertook to reproduce 

some of their songs, including Johnston’s Rock Star. At this time, and for the first time, Plaintiff 

discovered that his original composition Rock Star was copied by Nickelback. Prior to 2018, 

Johnston had never heard Nickelback’s Rockstar and was unaware of the similarities between the 

two songs. 

30. Accordingly, Plaintiff is entitled to damages dating back to Defendants’ initial 

infringement in January 2005. 

Infringement Outside of the United States

31. Defendants stole and otherwise misappropriated Johnston’s Rock Star in the United 

States, and ultimately exploited their infringement throughout the world. Defendants’ non-U.S. 

revenues relating to Nickelback’s Rockstar stem directly from its domestic acts of copyright 

infringement, such that Defendants’ global infringing sales violate the U.S. Copyright Act

pursuant to the predicate act doctrine.

32. Plaintiff Johnston wrote and created the musical composition Rock Star in the United 

States, and undertook all relevant activities to commercialize Rock Star within the United States. 

Defendants’ infringement of Rock Star affected commerce within the United States. 

33. Defendants WMG, Atlantic Records, Roadrunner Records, Warner/Chappell, and Live 

Ntion L.P. are based in the United States, and, on information and belief, Nickelback has 

substantial contacts with the United States. The Copyright Act reaches Defendants’ infringing 

acts, no matter where they are deemed to have been committed.

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First Cause of Action

Copyright Infringement, 17 U.S.C. §101 et. seq.

34. Plaintiff incorporates by reference the allegations of paragraphs 1-33 herein. 

35. Defendants’ reproduction, distribution, sale, and/or public performance of the infringing 

work, as well as the authorization of same, continues despite the fact that they have been placed 

on written notice of infringement. Such reproduction, copying, sale, distribution and public 

performance infringes on Plaintiff’s exclusive rights under the Copyright Act.

36. Defendants further infringed Plaintiff’s copyrighted work by reproducing, distributing, 

and/or publicly performing the infringing work to the public outside of the United States, based 

on the predicate act of copyright infringement in the United States.

37. Defendants’ acts and conduct complained of herein constitute federal copyright 

infringement in violation of 17 U.S.C. § 501 et seq.

38. Defendants acted with knowledge and/or reckless disregard of Plaintiff’s rights such that 

their acts of copyright infringement as alleged above were, and continue to be, willful, 

intentional and malicious.

39. As a direct and proximate result of Defendant’s wrongful conduct, Plaintiff has suffered 

damages and will continue to suffer damages for their continuing infringement of same. 

40. Due to Defendants’ infringing and unlawful acts, Plaintiffs have suffered general and 

special damages in an amount to be established at trial.

41. Due to Defendants’ infringing and unlawful acts, Defendants have obtained direct and 

indirect profits they otherwise would not have realized but for their infringement of the 

copyrighted work. As such, Plaintiffs are entitled to disgorgement of Defendants’ profits directly 

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and indirectly attributable to Defendants’ infringement of the copyrighted work in an amount to 

be established at trial.

42. To the extent allowable under law, Plaintiff also requests recovery of its reasonable and 

necessary attorneys’ fees expended to pursue this cause of action against Defendants. 

Demand for Jury Trial

43. Plaintiff requests a trial by jury on all claims and causes of action asserted in its 

Complaint against Defendants.

Prayer for Relief

WHEREFORE, PREMISES CONSIDERED, Plaintiff Kirk Johnston hereby prays that 

the Court enter judgment in his favor and against Defendants on all claims and causes of action 

asserted herein, as follows:

(1) Judgment in favor of Plaintiff that Defendants have violated the Copyright Act for 

willfully infringing the copyrighted composition Rock Star;

(2) Issuance of an award of monetary damages sufficient to compensate Plaintiff for 

the injuries suffered as a result of Defendant’s wrongful conduct;

(4) Issuance of an award of Defendant’s profits and unjust enrichment realized from 

their infringement and other wrongful conduct;

(5) All such other and further relief as to which they may be entitled, including but 

not limited to plaintiff’s costs and reasonable attorneys’ fees recoverable under law. 

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Dated: May 8, 2020

Respectfully Submitted,

LAW OFFICE OF SESHA KALAPATAPU

By: s/ Sesha Kalapatapu

Sesha Kalapatapu

2929 Allen Parkway, Suite 200

Houston, TX 77019

Telephone: 832.398.1771

Fax: 713.574.4719

Email: sesha@sktexaslaw.com

JONES WALKER LLP

By: s/ Jeffrey J. Phillips

Jeffrey J. Phillips

881 Main Street, Suite 2900

Houston, TX 77002

Telephone: 713.437.1864

Fax: 713.437.1810

Email: jphillips@joneswalker.com

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