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IN IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

BISHOP DAVID PAUL MOTEN, 

 Plaintiff,

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vs. § Case No. 

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DEF JAM RECORDINGS, UMG 

RECORDINGS, INC.,

YE f/k/a KANYE WEST, and 

G.O.O.D. MUSIC 

 Defendants.

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PLAINTIFF’S ORIGINAL COMPLAINT

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Plaintiff BISHOP DAVID PAUL MOTEN (“BISHOP MOTEN” or 

“Plaintiff”) and states its Complaint against Defendants YE f/k/a Kanye West (“West”), UMG

Recordings, Inc. a/k/a Universal Music Group (“UMG Recordings”), Def Jam Recordings, a 

division of UMG Recordings, Inc. (“Def Jam”), and Getting Out Our Dreams, Inc. a/k/a

G.O.O.D. Music (“G.O.O.D. Music”) as follows: 

I. THE PARTIES

1. Plaintiff Bishop David Paul Moten is a resident of Texas who does business in 

Dallas County, Texas. 

2. Defendant West is a musician who writes, produces, and performs under the UMG

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Recordings and G.O.O.D. Music labels. 

3. Defendant UMG Recordings is a record company that owns the Def Jam

Recordings music label and sublabel of Def Jam Recordings, G.O.O.D. Music.

4. Defendant Def Jam Recordings is a music label founded in or around 1983. Def

Jam Recordings is owned by and is a division of UMG Recordings. 

5. Defendant G.O.O.D. Music is a music label founded by West in or around 2004. 

G.O.O.D. Music is a sublabel of and is distributed by Def Jam Recordings. 

II. JURISDICTION AND VENUE

6. The claims at issue in this case arise under § 106 of the Copyright Act (Title 17 of 

the United States Code). 

7. This Court has jurisdiction over the subject matter of this action pursuant to Section 

1338(a) of Title 28 of the United States Code, which provides the federal district courts shall have 

original jurisdiction of any civil action arising under any Act of Congress relating to patents, plant 

variety protection, copyrights and trademarks. Such jurisdiction shall be exclusive of the courts of 

the states in patent, plant variety protection and copyright cases. 

8. The Court has personal jurisdiction over all the Defendants as they have 

purposefully availed themselves of doing business in Texas via internet sales and otherwise, 

including sales of the sound recording in question, of which all shared in the benefits, and because

Defendants purposefully misappropriated Plaintiff’s sound recording which was created in Texas 

and owned by a Texas resident. 

9. Venue is proper in this judicial district under both 28 U.S.C. § 1391(e)(1)(B) 

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because a substantial part of the events or omissions giving rise to the claims in the instant action 

occurred in this District. 

III. FACTUAL ALLEGATIONS COMMON TO ALL COUNTS

10. On or about August 29, 2021, West’s album, Donda, was released. The album 

includes the sound recording “Come to Life”, which was produced by West, Jeff Bhasker, Warryn 

Campbell, Mark Williams, and Raul Cubina. 

11. The sound recording “Come to Life” contains repeated, unauthorized, unlicensed

samples from the sound recording of a sermon delivered and owned by Plaintiff (the “Sermon”).

12. The sound recording “Come to Life” includes the following repeated, unauthorized, 

unlicensed samples from the Sermon: 

[Intro] 

My soul cries out, "Hallelujah" 

And I thank God for saving me

I, I thank God

[Chorus] 

Here Go All Your Problems Again (I Thank God) 

Three, Two, One, You're Pain (I Thank God) 

Uncle Now He Back In The Pain (Hallelujah)

Auntie Shut Down Again 

Did She Finally Come To Life? 

(Thank You, Jesus) 

Ever Wish You Had Another Life? 

Ever Wish You Had Another Life? 

Ever Wish You Had Another Life? 

[Verse 1]

Don't You Wish The Night Would Go Numb? 

I've Been Feeling Low For So Long 

I Ain’t Had A High In So Long 

I Been In The Dark For So Long 

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Night Is Always Darkest Before The Dawn

Gotta Make My Mark Before I'm Gone 

I Don't Wanna Die Alone 

I Don't Wanna Die Alone 

I Get Mad When She Gone

Mad When She Home 

Sad When She Gone 

Mad When She Home 

Sad When She Gone 

(Loosen Right Now 

The Spirit That Wants To Run) 

Floating On A Silver Lining (In The Name Of Jesus) 

Yeah! You Know Where To Find Me, Riding On A Silver Lining 

And My God Won't Deny Me, Tell The Devil, Get Behind Me 

All The Stars Are Aligned, Lift Me Up Every Time 

You Know Exactly Where To Find Me 

[Interlude] 

Hallelujah (Thank You, Jesus)

Hallelujah (Yes)

Hallelujah... 

[Pre-Chorus] 

Did Those Ideas Ever Really Come To Life? 

Make It All Come To Life

Make It All Come To Life

Praying For A Change In Your Life 

Well, Maybe It's Gone Come Tonight 

[Chorus]

Sadness Setting In Again 

Three, Two, One, You're Pain 

Uncle Right Back In The Pain 

Tell Me How Auntie Been

Took Your Thoughts And Penciled Them In

Should've Wrote Them Down In Pain

And Maybe They'll Come To Life 

And Maybe They'll Come To Life 

Sadness Setting In Again 

Three, Two, One, You're Pain 

Uncle Right Back To The Pain

Tell Me How Auntie Been

Thoughts, You Had Penciled Them In 

Probably Should've Wrote Them In Pain

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And Maybe They'll Come To Life 

They Could Finally Come To Life 

They Could Finally Come To Life 

[Verse 2]

You Know Where To Find Me, They Cannot Define Me 

So They Crucify Me, How So Fazed When I Leave? 

Come And Purify Me, Come And Sanctify Me 

You The Air That I Breathe, The Ultra-Ultralight Beam

Brought A Gift To Northie, All She Want Was Nikes 

This Is Not About Me, God Is Still Alive 

So I'm Free 

Floating On A Silver Lining

Floating On A Silver Lining

So When I'm Free, I'm Free... 

 

13. “Come to Life” is approximately five minutes and ten seconds (5:10) in length. 

Approximately one minute and ten seconds (1:10) of this sound recording is sampled directly from 

Plaintiff’s sermon and appears to run on a loop underscoring the pre-chorus and chorus throughout 

the song in question. Consequently, no twenty percent (20%)of the entire sound recording “Come 

to Life” is comprised of unauthorized, unlicensed samples of the Sermon. 

14. Defendants willfully and without the permission or consent of Plaintiff extensively

sampled portions of the Sermon. Over the span of several years, Defendants have demonstrated an 

alarming pattern and practice of willfully and egregiously sampling sound recordings of others without 

consent or permission. 

COUNT I – VIOLATION OF U.S. COPYRIGHT ACT (17 U.S.C. §§ 

101, et seq.) 

15. Plaintiff incorporates by reference the allegations previously stated in the 

Complaint in their entirety.

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16. Plaintiff has exclusive rights, title and license to the Sermon, as well as the sole 

right and license to reproduce, distribute, record or authorize the recording of sounds related to the 

sound recording of the Sermon. 

17. Defendants knowingly transferred or caused to be transferred, directly or indirectly, 

the sounds recorded and owned by Plaintiff when Defendants wrongfully and without a license or 

permission sampled from this sound recording in “Come to Life”.

18. Defendants knowingly produced, manufactured, distributed, and sold the sound

recording of “Come to Life” with knowledge that the recording contained unauthorized samples 

of the Sermon. 

19. Defendants’ wrongful actions have caused Plaintiff substantial damages.

20. The conduct of Defendants was wanton, reckless, and/or malicious to Plaintiff so as

to allow the imposition of punitive damages under applicable law.

21. Based on the foregoing, Plaintiff demands judgment against Defendants for 

disgorgement of profits, compensatory, consequential, incidental, and punitive damages in an 

amount to be determined by the trier of fact in this case, plus statutory fines, costs,interest and

expenses. 

COUNT II – UNJUST ENRICHMENT/QUANTUM MERUIT

22. Plaintiff incorporates by reference the allegations previously stated in the 

Complaint in their entirety.

23. In a violation of statutory and common law, Defendants have wrongfully used and 

exploited Plaintiff’s sound recording, production, and other property rights and unjustly reaped

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tremendous financial and other benefits in violation of Plaintiff’s legal rights and under 

circumstances where Defendants have been unjustly enriched by wrongfully deriving profit and

other benefits from their wrongful conduct.

24. Defendants have seen a considerable influx of ill-gotten financial gains and other 

benefits as a direct consequence of their wrongful use of Plaintiff’s sound recording and 

production, and other violations of Plaintiff’s rights. Consequently, Defendants therefore hold 

money which in equity and good conscience belongs to the Plaintiff. Plaintiff has also suffered 

substantial damages because of Defendants’ wrongful acts and omissions. 

25. Based on the foregoing, Plaintiff requests an award of the disgorgedprofits of the 

Defendants, compensatory, consequential and incidental damagesin an amount to be determined by 

the trier of fact, plus costs, interest and expenses.

COUNT III – CONVERSION

26. Plaintiff incorporates by reference the allegations previously stated in the 

Complaint in their entirety.

27. Defendants wrongfully deprived and interfered with rights, interests, and property

of Plaintiff by sampling portions of the sound recording and using Plaintiff’s production of the 

Sermon, selling and distributing or allowing the distribution of these samples, and retaining the 

profits and monies derived from the sale of albums containing the sound recording “Come to 

Life.”

28. The conduct of Defendants was wanton, reckless, and/or malicious to Plaintiff so

as to allow the imposition of punitive damages under applicable law.

29. Based on the foregoing, Plaintiff hereby demands judgment against Defendants for 

disgorgement of profits, compensatory, consequential, incidental, and punitive damages in an 

amount to be determined by the trier of fact in this case, plus costs, interest and expenses.

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COUNT IV – COMMON LAW COPYRIGHT

30. Plaintiff incorporates by reference the allegations previously stated in the 

Complaint in their entirety.

31. The Plaintiff has common law copyrights in the sound recording and the production 

thereof referenced above. The Defendants violated said rights by the unauthorized use and copying 

of Plaintiff’s sound recording and production, causing injury to the Plaintiff.

32. The conduct of Defendants was wanton, reckless, and/or malicious to Plaintiff so 

as to allow the imposition of punitive damages under applicable law.

33. Based on the foregoing, Plaintiff demands judgment against Defendants for 

disgorgement of profits, compensatory, consequential, incidental, and punitive damages in an 

amount to be determined by the trier of fact in this case, plus costs, interest and expenses.

JURY DEMAND

34. Plaintiff demands a trial by jury on all allegations, claims, and requests for relief 

asserted herein or that may be asserted in any subsequent amendment hereto.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendants be cited 

to appear and answer and that upon trial of this cause Plaintiff recovers all relief requested herein, 

including all actual, direct, indirect, incidental, and consequential damages, along with attorney’s 

fees, costs, and pre- and post-judgment interest at the highest rate allowable by law, and for such 

other and further relief, both at law and in equity, to which Plaintiff may be justly entitled. 

DATED: April 18, 2022.

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Respectfully submitted,

SMITH & SMITH LAW GROUP, PLLC

2828 Market Loop, Suite 100 

Southlake, Texas 76092 

By: /s/ Brandon Smith

Brandon Smith

SBN:24075919 

bsmith@smithdallaslaw.com 

Attorney for Plaintiff 

PLEASE SERVE DEFENDANTS BY CERTIFIED MAIL:

Kanye West

c/o Def Jam Records, Inc.

CT Corporation System 

1755 Broadway 

New York, NY 10019 

UMG Recordings, Inc. a/k/a Universal Music GroupCT

Corporation System

111 8th Ave., 13 Floor 

New York, NY 10011 

Def Jam Recordings, a division of UMG Recordings, Inc. 

CT Corporation System

1755 Broadway 

New York, NY 10019 

G.O.O.D. Music 

Maximilian Jo

6 Centerpointe Drive, Suite 620 

La Palma, CA 90623 

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