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SNELL 

&

WILME

R

 L.L.P.

ONE ARIZONA CENTER

400 E. VAN BUREN, SUITE 1900 

PHOENIX, ARIZONA 85004-2202 

Peter J. Rathwell (#002213) 

Emily Gildar Wagner (#028811) 

SNELL & WILMER L.L.P.

One Arizona Center 

400 E. Van Buren St., Ste. 1900 

Phoenix, Arizona 85004-2202 

Telephone: (602) 382-6000 

Facsimile: (602) 382-6070 

E-mail: prathwell@swlaw.com ewagner@swlaw.com Attorneys for Plaintiffs 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

RODSONGS, EMI APRIL MUSIC INC., 

TRI-ANGELS MUSIC, and EDWIN H. 

MORRIS & CO., INC., 

Plaintiffs, 

vs. 

W.R.S. WESTGATE, L.L.C., and CHRIS 

TSAILAKIS and JANE DOE 

TSAILAKIS, husband and wife, 

Defendants. 

NO.

COMPLAINT FOR COPYRIGHT 

INFRINGEMENT 

Plaintiffs Rodsongs, EMI April Music Inc., Tri-angels Music, and Edwin H. Morris 

& Co., Inc. (collectively, “Plaintiffs”), complaining of Defendants W.R.S. Westgate, 

L.L.C., and Chris Tsailakis and Jane Doe Tsailakis (collectively, “Defendants”), by 

SNELL & WILMER L.L.P., their attorneys, allege: 

I. 

This is a suit for copyright infringement under Title 17 of the United States Code. 

II. 

This Court has jurisdiction pursuant to 28 U.S.C. § 1338(a), and venue in this 

District is proper pursuant to 28 U.S.C. § 1400(a). 

III. 

Plaintiffs allege three (3) causes of action for copyright infringement based on 

Defendants’ public performances of Plaintiffs’ copyrighted musical compositions. 

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WILME

R

 L.L.P.

ONE ARIZONA CENTER

400 E. VAN BUREN, SUITE 1900 

PHOENIX, ARIZONA 85004-2202 

SCHEDULE A, annexed to the Complaint, sets forth in summary form the allegations 

hereinafter made with respect to Plaintiffs, their copyrighted musical compositions, and 

Defendants’ acts of infringement. 

IV. 

Plaintiffs named in Column 21 are the owners of the copyrights in the works listed 

in Column 3, and are properly joined in this Complaint under Rule 20 of the Federal Rules 

of Civil Procedure. 

V. 

On information and belief, Defendant W.R.S. Westgate, L.L.C. (“W.R.S.”), is a 

limited liability company organized under the laws of Arizona, with a principal place of 

business at 2303 W. 44th Street, Suite 5, Phoenix, Arizona 85008. 

VI. 

At all times hereinafter mentioned W.R.S. did, and still does, own, control, 

manage, operate, and maintain a place of business for public entertainment, 

accommodation, amusement, and refreshment known as Whiskey Rose, located at 6751 

N. Sunset Boulevard, Suite E-110, Glendale, Arizona 85305. 

VII. 

Musical compositions were and are publicly performed at Whiskey Rose. 

VIII. 

On information and belief, Defendant Chris Tsailakis (“Tsailakis”) is an individual 

who works and/or lives in this District. Upon information and belief, at all times 

mentioned herein Tsailakis was married to Jane Doe Tsailakis, whose true name is 

presently unknown to Plaintiffs, and Tsailakis was acting on behalf of the marital 

community of Chris Tsailakis and Jane Doe Tsailakis. 

 

1 All references to “columns” herein refer to the numbered columns set forth in 

SCHEDULE A. 

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WILME

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 L.L.P.

ONE ARIZONA CENTER

400 E. VAN BUREN, SUITE 1900 

PHOENIX, ARIZONA 85004-2202 

IX. 

At all times hereinafter mentioned, Tsailakis was, and still is, the Managing 

Member of W.R.S. 

X. 

At all times hereinafter mentioned, Tsailakis was responsible for the control, 

management, operation, and maintenance of the affairs of W.R.S. 

XI. 

At all times hereinafter mentioned, Defendants jointly had, and still have, the right 

and ability to supervise and control the activities that take place at Whiskey Rose, 

including the right and ability to supervise and control the public performance of musical 

compositions at Whiskey Rose. 

XII. 

Each Defendant derives a direct financial benefit from the public performance of 

musical compositions at Whiskey Rose. 

XIII. 

Plaintiffs are all members of the American Society of Composers, Authors, and 

Publishers (“ASCAP”), a membership association that represents, licenses, and protects 

the public performance rights of its more than 550,000 songwriter, composer, and music 

publisher members. 

XIV. 

Each ASCAP member grants to ASCAP a non-exclusive right to license the 

performing rights in that member’s copyrighted musical compositions. On behalf of its 

members, ASCAP licenses public performances of its members’ musical works, collects 

license fees associated with those performances, and distributes royalties to its members, 

less ASCAP’s operating expenses. 

XV. 

Since July 2013, ASCAP representatives have made more than thirty (30) attempts 

to contact Defendants, or their representatives, agents, or employees, to offer an ASCAP 

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WILME

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ONE ARIZONA CENTER

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license for Whiskey Rose. ASCAP has contacted Defendants by phone, by mail, by email, and in person. 

XVI. 

Defendants have refused all of ASCAP license offers for Whiskey Rose. 

XVII. 

ASCAP’s various communications gave Defendants notice that unlicensed 

performances of ASCAP’s members’ musical compositions at Whiskey Rose constitute 

infringement of ASCAP’s members’ copyrights in their musical works. 

XVIII. 

Notwithstanding the foregoing, Defendants have continued to present public 

performances of the copyrighted musical compositions of ASCAP members at Whiskey 

Rose, including the copyrighted works involved in this action, without permission, during 

the hours that Whiskey Rose is open to the public for business and presenting musical 

entertainment. 

XIX. 

The original musical compositions listed in Column 3 were created and written by 

the persons named in Column 4. 

XX. 

Each composition was published on the date stated in Column 5, and since the date 

of publication have been printed and published in strict conformity with Title 17 of the 

United States Code. 

XXI. 

Plaintiffs named in each cause of action, including their predecessors in interest, if 

any, complied in all respects with Title 17 of the United States Code, secured the 

exclusive rights and privileges in and to the copyright of each composition listed in 

Column 3, and received from the Register of Copyrights a Certificate of Registration, 

identified as set forth in Column 6. 

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ONE ARIZONA CENTER

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XXII. 

The composition named in the third cause of action is now in the renewal term of 

copyright, secured by due filing of an application for renewal of copyright in the office of 

the Register of Copyrights. The Register of Copyrights thereupon issued a Certificate of 

Registration of the claim of the renewal of copyright in the name of that claimant listed in 

Column 7. The date and identification number of the renewal certificate are set forth in 

Column 8. 

XXIII. 

Defendants on the dates specified in Column 9, and upon information and belief, at 

other times prior and subsequent thereto, infringed the copyright in each composition 

named in Column 3 by giving public performances of the compositions at Whiskey Rose 

for the entertainment and amusement of the patrons attending said premises, and 

Defendants threaten to continue such infringing performances. 

XXIV. 

The public performances at Whiskey Rose of Plaintiffs’ copyrighted musical 

compositions on the dates specified in Column 9 were unauthorized: neither Defendants, 

nor any of Defendants’ agents, servants, or employees, nor any performer was licensed 

by, or otherwise received permission from any Plaintiff, or any agent, servant, or 

employee of any Plaintiff, to give such performances. 

XXV. 

In undertaking the conduct complained of in this action, Defendants knowingly and 

intentionally violated Plaintiffs’ rights. 

XXVI. 

The many unauthorized performances at Whisky Rose include the performances of 

the three (3) copyrighted musical compositions upon which this action is based. 

XXVII. 

At the times of the acts of infringement complained of, Plaintiff named in each 

cause of action was the owner of the copyright in the composition therein named. 

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 L.L.P.

ONE ARIZONA CENTER

400 E. VAN BUREN, SUITE 1900 

PHOENIX, ARIZONA 85004-2202 

XXVIII. 

The said wrongful acts of Defendants have caused and are causing great injury to 

Plaintiffs, which damage cannot be accurately computed, and unless this Court restrains 

Defendants from the further commission of said acts, said Plaintiffs will suffer irreparable 

injury, for all of which the said Plaintiffs are without any adequate remedy at law. 

WHEREFORE, Plaintiffs pray: 

I. That Defendants and all persons acting under the direction, control, 

permission, or authority of Defendants be enjoined and restrained permanently from 

publicly performing the aforementioned compositions -- or any of them -- and from 

causing or permitting the said compositions to be publicly performed at Whiskey Rose, or 

at any place owned, controlled, managed, or operated by Defendants, and from aiding or 

abetting the public performance of such compositions in any such place or otherwise. 

II. That Defendants be decreed to pay such statutory damages as the Court shall 

determine just, as specified in 17 U.S.C. § 504(c)(1), namely, not more than Thirty 

Thousand Dollars ($30,000) nor less than Seven Hundred And Fifty Dollars ($750) in 

each cause of action herein. 

III. That Defendants be decreed to pay the costs of this action and that 

reasonable attorneys’ fees be allowed as part of the costs. 

IV. For such other and further relief as may be just and equitable. 

Dated this 20th day January, 2016. 

SNELL & WILMER L.L.P.

By: /s/ Emily Gildar Wagner 

Peter J. Rathwell 

Emily Gildar Wagner 

One Arizona Center 

400 E. Van Buren St., Ste. 1900 

Phoenix, Arizona 85004-2202 

Attorneys for Plaintiffs 

23314108 

Case 2:16-cv-00119-PGR Document 1 Filed 01/20/16 Page 6 of 8
SCHEDULE A

Case 2:16-cv-00119-PGR Document 1 Filed 01/20/16 Page 7 of 8
Columns 

1 2 3 4 5 6 7 8 Cause of Action Plaintiff 

Musical Composition Writers 

Date of Publication (or registration if registered as unpublished) 

Certificate of Registration Number Renewal 

RenewCertifiand N

1. RODSONGS THRILLER Rod Temperton January 31, 1983 PA 162-442 2. EMI APRIL MUSIC, 

INC. TRI-ANGELS MUSIC 

COUNTRY BOY 

Alan Jackson March 4, 2008 PA 1-594-226 

3. EDWIN H. MORRIS 

& CO., INC. 

SUMMER NIGHTS 

Warren Casey Jim Jacobs 

April 19, 1972 EP 299484 Harris Trust and 

Saving Bank (Executor of the author Warren Casey) Jim Jacobs 

RE 82June 

Case 2:16-cv-00119-PGR Document 1 Filed 01/20/16 Page 8 of 8