Kerri Howiand-Kruse (KHK 2871)

Attorney for Plaintiffs

Broadcast Music, Inc.

320 West 57th Street

New York, NY 10019

,212} 586-2000

-X

BROADCAST MUSIC, INC.; )

FRANKIE BEVERLY, an individual)

d/b/d AMAZEMENT MUSIC; MIRAN )

PUBLISHING, INC.; SCNY/ATV )

SONGS, LLC; BERNARD EDWARDS )

COMPANY LLC d/b/a BERNARD'S )

OTHER MUSIC; MICHAEL JONES, )

an individual d/b/a KASHIF )

MUSIC; HIP CITY MUSIC, INC.; )

MIRIAM HICKS and ELLIOT )

STRAITE, a partnership d/b/a )

HIFROST PUBLISHING; SONGS OF )

UNIVERSAL, INC.; EMI BLACKWOOD)

MUSIC, INC.; PLEASE GIMME MY )

PUBLISHING INC.; UNICHAPPELL )

MUSIC, INC.; SONGS OF )

UNIVERSAL, INC.; )

/

Plaintiffs, )

CROTTY

NO. :

COMPLAINT

3 507

ill E R /g /?

llUjr^^J^ U

229 RESTAURANT, INC. )

d/b/a SHADOW NIGHTCLUB and )

STEVEN JULIANO, individually, )

Defendants.

-X

Plaintiffs, by their attorneys, for their Complaint against

Defendants, allege as follows (on knowledge as to Plaintiffs;

otherwise on information and belief):

Case 1:07-cv-03507-PAC Document 1 Filed 05/02/2007 Page 1 of 10
1. This is a suit for copyright infringement under the

United States Copyright Act of 1976, as amended, 17 U.S.C.

Sections 101 et ±L!LlL ^'the "Copyright Act") . This Court has

jurisdiction pursuant to 28 U.S.C. Section 1338 (a).

2. Venue is proper in this judicial district pursuant to 28

U.S.C. Section 1400(a).

TJjE^fAJRTIES

3. Plaintiff, Broadcast Music, Inc. ("BMI"), is a

corporation organized and existing under the laws of the State of

New York. BMI's principal place of business is 320 West 57th

Street, New York, New York 10019. BMI has been granted the right

to license the public performance rights in approximately 6.5

million copyrighted musical compositions (the "BMI repertoire"),

including those which are alleged herein to have been infringed.

4. The other Plaintiffs are the owners of the copyrights in

the musical compositions which are the subject of this lawsuit.

All Plaintiffs are joined pursuant to Fed. R. Civ. P. 17 (a) and

19(a) .

5. Defendant 229 Restaurant, Inc. is a corporation organized

and exisLing under the laws of the state of New York, wnich

operates, maintains and controls an establishment known as Shadow

Nightclub, located at 229 W 28th Street, New York, NY 10001, in

Case 1:07-cv-03507-PAC Document 1 Filed 05/02/2007 Page 2 of 10
this district (the "Establishment").

6. In connection with the operation of this business,

Defendant 229 Restaurant, Inc. publicly performs musical

compositions and/or causes musical compositions to be publicly

performed,

Defendant 229 Restaurant, Inc. has a direct financial

interest in the Establishment.

8. Defendant Steven Juliano is an officer of Defendant 229

Restaurant, Inc. with primary responsibility for the operation and

management of that corporation and the Establishment.

9. Defendant Steven Juliano has the right and ability to

supervise the activities of Defendant 229 Restaurant, Inc. and a

direct financial interest in that corporation and the

Establishment.

CLAIMS OF COPYRIGHT INFRINGEMENT

10. Plaintiffs repeat and reallege each of the allegations

contained in paragraphs 1 through 9.

11. Plaintiffs allege ten (10) claims of copyright

infringement, based upon Defendants' unauthorized public

performance of musical compositions from the BMI repertoire. All

of the claims for copyright infringement joined in this Complaint

are governed by the same legal rules and involve similar facts.

Joinder of these claims will promote the convenient administration

of justice and will avoid a multiplicity of separate, similar

actions against Defendants.

12. Annexed as the Schedule and incorporated herein is a

Case 1:07-cv-03507-PAC Document 1 Filed 05/02/2007 Page 3 of 10
list identifying some of the many musical compositions whose

copyrights were infringed by Defendants. The Schedule contains

issue in this action. Each numbered claim has the following eight

lines of information: Line 1 providing the claim number; Line 2

listing the title of the musical composition related to that

claim; Line 3 identifying the writer (s) of the musical

composition; Line 4 noting the publisher(s) of the musical

composition and the plaintiff(s) in this action pursuing the claim

at issue; Line 5 providing the date en which the copyright

registration was issued for the musical composition; Line 6

indicating the Registration number(s); Line 7 showing the date(s)

of infringement; and Line 8 identifying the location of the radio

station(s) where the infringement occurred.

13. Each of the musical compositions identified on the

Schedule, Line 2, were created by the persons named -on Line 3 (all

references to Lines are lines on the Schedule).

14. On or about the dates indicated on Line 5, the

publishers named on Line 4 (including any predecessors in

interest), complied in all respects with the requirements of the

Copyright Act and received from the Register of Copyrights

Certificates of Registration bearing the numbers listed on Line 6.

15. On the dates listed on Line 7, Plaintiff BMI was and

still is the licensor of the public performance rights in the

musical compositions identified on Line 2. On the dates listed on

Line 1, the Plaintiffs listed on Line 4 were and still are the

owners of the copyright in the respective musical composition

Case 1:07-cv-03507-PAC Document 1 Filed 05/02/2007 Page 4 of 10
listed on Line 2.

16. On the dates listed on Line 7, Defendants performed

and/or caused the musical compositions identified on Line 2 to be

publicly performed at the Establishment without a license or

permission to do so. Thus, Defendants have committed copyright

infringement.

17. The specific acts of copyright infringement alleged, as

well as Defendants' entire course of conduct, have caused and are

causing Plaintiffs great and incalculable damage. By continuing

to provide unauthorized public performances of works in the BMI

repertoire at the Establishment, Defendants threaten to continue

committing copyright infringement. Unless this Court restrains

Defendants from committing further acts of copyright infringement,

Plaintiffs will suffer irreparable injury for which they have no

adequate remedy at law.

Case 1:07-cv-03507-PAC Document 1 Filed 05/02/2007 Page 5 of 10
WHEREFORE, Plaintiffs pray that:

(I) Defendants their agents, servants, employees,

persons acting under their permission and authority, be enjoined

and restrained from infringing, in any manner, the copyrighted

musical compositions licensed by BMI, pursuant to 17 U.S.C.

Section 502;

(II) Defendants be ordered to pay statutory damages, pursuant

to 11 U.S.C. Section 504 (c) ;

(III) Defendants be ordered to pay costs, including a

reasonable attorney's fee, pursuant to 17 U.S.C. Section 505; and

(IV) That Plaintiffs have such other and further relief as is

just and equitable.

Dated: Mo , jl j /

By:

!007

Kerri Howland-Kruse, Esq.

Broadcast Music, Inc.

320 West 57th Street

New York, NY 10019

Tel (212)586-2000

Fax (212)397-0789

Attorney for Plaintiffs

Case 1:07-cv-03507-PAC Document 1 Filed 05/02/2007 Page 6 of 10
Schedule

Line 1 Claim No.

Line 2 Musical Composition

Line 3 Writer(s)

Line 4 Publisher Plaintiff(s)

Line 5 Date(s) of Registration

Line 6 Registration No(s).

Line 7 Date(s) of Infringement

Line 8 Place of Infringement

1

Before I Let Go

Frankie Beverly

Frankie Beverly, an individual d/b/a Amazement Music

6/19/81

PA 106-672

5/20/06 9/28/06

Shadow Nightclub

Line 1 Claim No.

Line 2 Musical Composition

Line 3 Writer(s)

Line 4 Publisher Plaintifffs)

Line 5 Date(s) of Registration

Line 6 Registration No(s).

Line 7 Date(s) of Infringement

Line 8 Place of Infringement

Don't Stop a/k/a Don't Stop Till You Get Enough

Michael Joe Jackson

Miran Publishing, Inc.

6/18/79 8/11/80

Pau 114-601 PAu 240-861

5/20/06

Shadow Nightclub

Case 1:07-cv-03507-PAC Document 1 Filed 05/02/2007 Page 7 of 10
Line 1 Claim No.

Line 2 Musical Composition

Line 3 Wnter(s)

Lme 4 Publisher Plaintiff(s)

Line 5 Date(s) of Registration

Line 6 Registration No(s).

Line 7 Date(s) of Infringement

Line 8 Place of Infringement

Good Times a/k/a Rappers' Delight

Nile Rodgers; Bernard Edwards

Sony/ATV Songs LLC: Bernard Edwards Company LLC d/b/a Bernard's Other Music

6/27/79 6/16/81

PA 37-207 PA 108-303

5/20/06

Shadow Nightclub

Line 1 Claim No

Lme 2 Musical Composition

Line 3 Writer(s)

Line 4 Publisher Plaintiff(s)

Line 5 Date(s) of Registration

Line 6 Registration No(s).

Line 7 Date(s) of Infringement

Line 8 Place of Infringement

I Want Your Love

Nile Rodgers, Bernard Edwards

Sony/ATV Songs LLC; Bernard Edwards Company LLC d/b/a Bernard's Other Music

10/30/78 11/8/78

PAu 58-489 PA 55-928

5/20/06

Shadow Nightclub

Line 1 Claim No.

Line 2 Musical Composition

Line 3 Writer(s)

Line 4 Publisher Plaintiff(s)

Line 5 Date(s) of Registration

Line 6 Registration No(s).

Line 7 Date(s) of Infringement

Line 8 Place of Infringement

Joy And Pain

Frankie Beverly

Frankie Beverly d/b/a Amazement Music

7/28/80

PA 94-426

9/28/06

Shadow Nightclub

Case 1:07-cv-03507-PAC Document 1 Filed 05/02/2007 Page 8 of 10
Line 1 Claim No

Line 2 Musical Composition

Line 3 Writer(s)

Line 4 Publisher Plaintiffs)

Line 5 Date(s) of Registration

Line 6 Registration No(s).

Line 7 Date(s) of Infringement

Line 8 Place of Infringement

Love Come Down

Michael Jones a/k/a Kashif

Michael Jones, an individual d/b/a Kashif Music; Songs of Universal Inc.

3/3/83 3/1/83

PA 168-032 PA 166-462

5/20/06

Shadow Nightclub

Line 1 Claim No.

Line 2 Musical Composition

Line 3 Wnter(s)

Line 4 Publisher Plaintiffs)

Line 5 Date(s) of Registration

Line 6 Registration No(s).

Line 7 Date(s) of Infringement

Line 8 Place of Infringement

7

Poison

Elliot T. Straite

Hip City Music Inc.; Hiriam Hicks and Elliot Straite, a partnership d/b/a Hifrost Publishing

8/14/89 3/19/90

6/7/90

PAu 1-264-846

PA 475-115

PAu 1-410-225

3/18/06 5/19/06

Shadow Nightclub

Line 1 Claim No.

Line 2 Musical Composition

Line 3 Writer(s)

Line 4 Publisher Plaintiffs)

Line 5 Date(s) of Registration

Line 6 Registration No(s).

Line 7 Date(s) of Infringement

Line 8 Place of Infringement

We Are Family

Nile Rodgers; Bernard Edwards

Sony/ATV Songs LLC; Bernard Edwards Company LLC d/b/a Bernard's Other Music

1/10/79 6/17/81

PAu 76-307 PA 106-660

5/20/06

Shadow Nightclub

Case 1:07-cv-03507-PAC Document 1 Filed 05/02/2007 Page 9 of 10
Line 1 Claim No.

Line 2 Musical Composition

Line 3 Writer(s)

Line 4 Publisher Plaintiff(s)

Line 5 Date(s) of Registration

Line 6 Registration No(s).

Line 7 Date(s) of Infringement

Line 8 Place of Infringement

Goldigger a/k/a Gold Digger

Kanye Omari West; Ray Charles; Renalds Richard

EMI Blackwood Music Inc.; Please Gimme My Publishing Inc.; Unichappell Music, Inc.

9/21/05

PA 1-162-405

5/18/06

Shadow Nightclub

Line 1 Claim No.

Line 2 Musical Composition

Line 3 Writer(s)

Line 4 Publisher Plaintifffs)

Line 5 Date(s) of Registration

Line 6 Registration No(s).

Line 7 Date(s) of Infringement

Line 8 Place of Infringement

10

Children's Story

Ricky Walters

Songs of Universal, Inc.

12/26/89

PA 449-656

5/19/06

Shadow Nightclub

Case 1:07-cv-03507-PAC Document 1 Filed 05/02/2007 Page 10 of 10