UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
.............................................................................................. x
:
THE RODGERS AND HAMMERSTEIN :
ORGANIZATION on behalf of itself and IRVING :
BERLIN MUSIC COMPANY and WILLIAMSON :
MUSIC CO., FREDDY BIENSTOCK individually and :
d/b/a FREDDY BIENSTOCK MUSIC COMPANY, :
CRITERION MUSIC CORPORATION, FRANK MUSIC :
CORP., JERRY LEIBER individually and d/b/a JERRY :
LEIBER MUSIC, MIKE STOLLER individually and d/b/a :
MIKE STOLLER MUSIC, MPL COMMUNICATIONS, :
INC., PEER INTERNATIONAL CORPORATION, :
JULIAN J. ABERBACH d/b/a ELVIS PRESLEY MUSIC :
and GLADYS MUSIC and THE SONGWRITERS' :
GUILD OF AMERICA, INC. o/b/o THE ESTATE OF :
LOUIS ALTER, ALISON ALTER ARIES and ADAM :
ALTER d/b/a LOUIS ALTER PUBLICATIONS, :
:
Plaintiffs, ::
vs. ::
UMG RECORDINGS, INC. and THE FARM CLUB :
ONLINE, INC., ::
Defendants. :
.............................................................................................. :x
The Rodgers and Hammerstein Organization on behalf of itself and Irving
Berlin Music Company and Williamson Music Co., Freddy Bienstock individually and
d/b/a Freddy Bienstock Music Company, Criterion Music Corporation, Frank Music
Corp., Jerry Leiber individually and d/b/a Jerry Leiber Music, Mike Stoller, individually
and d/b/a Mike Stoller Music, MPL Communications, Inc., Peer International
Doc#: NY5: 841082.1
Corporation, Julian J. Aberbach d/b/a Elvis Presley Music and Gladys Music, and The
Songwriters' Guild of America, Inc. on behalf of the Estate of Louis Alter, Alison Alter
Aries and Adam Alter d/b/a Louis Alter Publications, by their attorneys Paul, Weiss,
Rifkind, Wharton & Garrison, upon information and belief (except as to allegations
SNIPPETS:
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
MIKE STOLLER individually and d/b/a:
JULIAN J. ABERBACH d/b/a ELVIS PRESLEY MUSIC:
The Rodgers and Hammerstein Organization on behalf of itself and Irving
d/b/a Freddy Bienstock Music Company, Criterion Music Corporation, Frank Music
Corp., Jerry Leiber individually and d/b/a Jerry Leiber Music, Mike Stoller, individually
and d/b/a Mike Stoller Music, MPL Communications, Inc., Peer International
Doc#: NY5: 841082.1
Corporation, Julian J. Aberbach d/b/a Elvis Presley Music and Gladys Music, and The
Songwriters' Guild of America, Inc. on behalf of the Estate of Louis Alter, Alison Alter
very same infringing activities that UMG itself -- in a recent and highly publicized
Plaintiffs are songwriters and music publishers that own or control
copyrights in musical compositions, including such renowned titles as "White Christmas"
sound recording tracks embodying plaintiffs' copyrighted musical works for distribution
copying plaintiffs' songs onto UMG's public servers.
controlled by plaintiffs to expand the offerings on its Farmclub service.
My.MP3.com had willfully infringed UMG's copyrighted sound recordings by copying
the amount of $53.4 million encompassing statutory damages, costs and attorneys' fees.
behalf of itself and Irving Berlin Music Company and Williamson Music Co.,
Register of Copyrights has duly issued Registration Certificate No.
E 238624 and Renewal Registration No. R 435930;
Copyrights has duly issued Registration Certificate No. EP 134313 and Renewal
defendants' computer servers infringes plaintiffs' exclusive rights to reproduce those
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