JS 44C/SDNY

REV. 4/2014

CIVIL COVER SHEET

The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of
pleadings or other papers as required by law, except as provided by local rules of court This form, approved by the
Judicial Conference of the United States in September 1974, is required for use of the Clerk of Court for the purpose of
initiating the civil docket sheet

.
PLAINTIFFS
EMI FEIST CATALOG, INC., et al.

DEFENDANTS
SLEP-TO~ ENQTAIN~T CORPORATION, et al.

. '-'v 200~ 9

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER

ATTORNEYS (IF NOWN)
Pryor Cashman LLP
7 Times Square, New York, New York 10023,212-421-4100, and
Law Offices of Paul Harrison Stacey, P.C., 7225 N. Spring Gulch Road, P.O.
Box 4157. Jackson, WY 83001; 307-733-7333
D
CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUS~
(00 NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

17 USCA sec. 501, et seq.; copyright infrigement

Has this action, case, or proceeding, or one essentially the same been previously filed in SONY at any time? Nilles0Judge Previously Assigned
If yes, was this case Vol.

lnvol.

Dismissed. No

No

Is THIS AN INTERNAnONAL ARBITRATION CASE?

Yes
Yes

If yes, give d a t e - - - - - - - - - & Case N o . - - - - - - - - -

NATURE OF SUIT

(PLACE AN [x]IN ONE BOX ONLY)

TORTS

"'

ACTIONS UNDER STATUTES

CONTRACT

PERSONAL INJURY

[ ]110
[ ]120
[ ]130
[ J 140

[ ]31 0 AIRPLANE
[ ]315 AIRPLANE PRODUCT
LIABILITY
I ]320 ASSAULT, LIBEL &
SLANDER
[ ] 330 FEDERAL
EMPLOYERS'
LIABILITY
I ] 340 MARINE
[ ]345 MARINE PRODUCT
LIABILITY
[ J 350 MOTOR VEHICLE
[ ] 355 MOTOR VEHICLE
PRODUCT LIABILITY
I ] 360 OTHER PERSONAL
INJURY
[ ] 362 PERSONAL INJURYMED MALPRACTICE

[ ]150

[ ]151

! I 152

[ J153

[ ]160
[ ]190
[ ]195

[ ]196

INSURANCE
MARINE
MILLER ACT
NEGOTIABLE
INSTRUMENT
RECOVERY OF
OVERPAYMENT &
ENFORCEMENT
OF JUDGMENT
MEDICARE ACT
RECOVERY OF
DEFAULTED
STUDENT LOANS
(EXCL VETERANS)
RECOVERY OF
OVERPAYMENT
OF VETERAN'S
BENEFITS
STOCKHOLDERS
SUITS
OTHER
CONTRACT
CONTRACT
PRODUCT
LIABILITY
FRANCHISE

REAL PROPERTY
[ 1210
[ ]220
[ ]230
[ ]240
[ ]245
[ ]290

LAND
CONDEMNATION
FORECLOSURE
RENT LEASE &
EJECTMENT
TORTS TO LAND
TORT PRODUCT
LIABILITY
ALL OTHER
REAL PROPERTY

PERSONALINJURY

[ I 367 HEALTHCAREI

FORFEITURE/PENALTY

PHARMACEUTICAL PERSONAL 1 1625 DRUG RELATED

INJURY/PRODUCT LIABILITY
SEIZURE OF PROPERTY
[ ]365 PERSONAL INJURY
21 USC 881
PRODUCT LIABILITY
690
[ ]368 ASBESTOS PERSONAL [ I
OTHER
INJURY PRODUCT
LIABILITY

[ ]422 APPEAL
28 usc 158
( ]423 WITHDRAWAL
28 usc 157

PERSONAL PROPERTY

[)(] 820 COPYRIGHTS

[ 1830 PATENT
[ 1840 TRADEMARK

[ 1370 OTHER FRAUD

[ I 371 TRUTH IN LENDING

CIVIL RIGHTS
[ ]440 OTHER CIVIL RIGHTS
(Non-Prisoner)
[ ]441 VOTING
[ ]442 EMPLOYMENT
I ]443 HOUSING/
ACCOMMODATIONS
I ] 445 AMERICANS WITH
DISABILITIES EMPLOYMENT
[ ]446 AMERICANS WITH
DISABILITIES -OTHER
[ 1448 EDUCATION

PROPERTY RIGHTS

SOCIAL SECURITY

[ I 360 OTHER PERSONAL

PROPERTY DAMAGE
I 365 PROPERTY DAMAGE
PRODUCT LIABILITY

LABOR

[ I 710 FAIR LABOR

STANDARDS ACT

[ I 720 LABORIMGMT

ACTIONS UNDER STATUTES

BANKRUPTCY

PRISONER PETITIONS
[ ]463 ALIEN DETAINEE
[ ]510 MOTIONS TO
VACATE SENTENCE
28 usc 2255
[ I 530 HABEAS CORPUS
[ J535DEATHPENALTY
[ j540 MANDAMUS & OTHER

( J 861 HIA (13951!)

[ ]862 BLACK LUNG (923)
[ 1 863 DIWC/DIWW (405(g))
[ ]864 SSID TITLE XVI
( J665 RSI (405(g))

RELATIONS
[ 1740 RAILWAY LABOR ACT
[ ] 751 FAMILY MEDICAL
LEAVE ACT (FMLA)
[ ] 790 OTHER LABOR
LITIGATION
[ ]791 EMPL RET INC
SECURITY ACT
IMMIGRATION

PRISONER CIVIL RIGHTS

[ J 482 NATURALIZATION
APPLICATION
[ ]550 CIVIL RIGHTS
[ ]555 PRISON CONDITION
[ 1465 OTHER IMMIGRATION
ACTIONS
[ 1560 CIVIL DETAINEE
CONDITIONS OF CONFINEMENT

OTHER STATUTES
375 FALSE CLAIMS
400 STATE
REAPPORTIONMENT
[ ]410ANTITRUST
I 1430 BANKS & BANKING
I 1450 COMMERCE
[ J 460 DEPORTATION
[ J 470 RACKETEER INFLUENCED & CORRUPT
ORGANIZATION ACT
(RICO)
[ 1460 CONSUMER CREDIT
[ 1490 CABLE/SATELLITE TV

11

[ I 850 SECURITIES/
COMMODITIES/
EXCHANGE

I
I

]890 OTHER STATUTORY

ACTIONS
1891 AGRICULTURAL ACTS

FEDERAL TAX SUITS

[ 1870 TAXES (U.S. Plaintiff or
Defendant)
[ ]671 IRS-THIRD PARTY
26 usc 7609

]893 ENVIRONMENTAL
MATTERS
[ ]895 FREEDOM OF
INFORMATION ACT
I ] 896 ARBITRATION

[ J 899 ADMINISTRATIVE
PROCEDURE ACTIREVIEWC
APPEAL OF AGENCY DECISI
[ ]950 CONSTITUTIONALITY
STATE STATUTES

Check if demanded in complaint:

CHECK IF THIS IS A CLASS

UNDER F.RC.P. 23

DEMAND $25,000,000

ACTION

OTHER Injunction

~Osb?W1..t,1J:M THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.?

JUDGE Louis L. Stanton

DOCKET NUMBER13-cv-749 (LLS)

Check YES only if demanded in complaint

JURY DEMAND: ~YES 0\10

NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-3

(PLACE AN X-IN 'oNE BOX ONLY)

-"

D2

lRJ 1 Original

Removed from
State Court

Proceeding

ORIGIN

a.

D3

an partie represented

Remanded
from
Appellate
Court

D 4 Reinstated or

Reopened

Transferred from
{Specify District)

Multidistrict
litigation

7 Appeal to District
Judge from
Magistrate Judge
Judgment

b.

At least one
party is pro se.

BASIS OF JURISDICTION

(PLACE AN x INONEBOXONLY)

0 1

U.S. PLAINTIFF

U.S. DEFENDANT

[RJ 3

FEDERAL QUESTION
(U.S. NOT A PARTY)

04

IF DIVERSITY, INDICATE
CITIZENSHIP BELOW.

DIVERSITY

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)

(Place an [X] in one box for Plaintiff and one box for Defendant)
PTF

DEF

CITIZEN OF THIS STATE

[ ]1

[ ]1

CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY

[]3[]3

INCORPORATED and PRINCIPAL PLACE

OF BUSINESS IN ANOTHER STATE

CITIZEN OF ANOTHER STATE

[ ]2

[ )2

INCORPORATED or PRINCIPAL PLACE

OF BUSINESS IN THIS STATE

[ ]4 [ ]4

FOREIGN NATION

PTF DEF

PTF
[ ]5

DEF
[ ]5

[ ]6

[ ]6

PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)

DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)

DEFENDANT(S) ADDRESS UNKNOWN

REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN
RESii:SENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

THIS ACTION SHOULD BE ASSIGNED TO:

Check one:

DATE

WHITE PLAINS

[BJ MANHATTAN

(DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTS
COMPLAINT.)
~ ~
ljr
SIGNATURE OF ATIORNEY OF RECORD.......-(_
ADMITIED TO PRACTICE IN THIS DISTRICT
] NO
[X) YES (DATE ADMITIED Mo.03
Yr. 2007
Attorney Bar Code# EF 7549

}I

3 11

RECEIPT#

Magistrate Judge is to be designated by the Clerk of the Court.

Magistrate J u d g e - - - - - - - - - - - - - - - - - - - - - - - - - - is so Designated.
Ruby J. Krajick, Clerk of Court b y - - - - - - Deputy Clerk, D A T E D - - - - - - - - UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

EMI FEIST CATALOG INC., a New York

Corporation, EMI GOLDEN TORCH MUSIC
CORP., a New York Corporation, EMI GROVE
PARK MUSIC, INC., a California Corporation,
EMI JEMAXAL MUSIC INC., a Delaware
Corporation, EMI MILLER CATALOG INC., a
New York Corporation, EMI MILLS MUSIC,
INC., a Delaware Corporation, EMI ROBBINS
CATALOG INC., a New York Corporation, EMI
SOSAHA MUSIC INC., a Delaware Corporation,
GLENWOOD MUSIC CORP., a California
Corporation, SCREEN GEMS-EMI MUSIC INC.,
a Delaware Corporation, EMI CONSORTIUM
MUSIC PUBLISHING, INC., a New York
corporation, d/b/a "EMI FULL KEEL MUSIC";
EMI CONSORTIUM SONGS, INC., a New York
corporation, d/b/a "EMI LONGITUDE MUSIC;"

Case No.

15 cv 2099

Judge

JURY DEMAND

COMPLAINT FOR INJUNCTION '

AND DAMAGES

Plaintiffs,
vs.SLEP-TONE ENTERTAINMENT
CORPORATION, a North Carolina Corporation,
d/b/a "SOUNDCHOICESTORE.COM,"
"SOUNDCHOICE," "SOUND SOURCE
STUDIOS," PHOENIX ENTERTAINMENT
PARTNERS, LLC., a North Carolina Limited
Liability Company, DEREK SLEP, individually
and KURT SLEP, individually;
Defendants.

NOW COME the Plaintiffs, EMI FEIST CATALOG INC., a New York Corporation,
EMI GOLDEN TORCH MUSIC CORP., a New York Corporation, EMI GROVE PARK
MUSIC, INC., a California Corporation, EMI JEMAXAL MUSIC INC., a Delaware
Corporation, EMI MILLER CATALOG INC., a New York Corporation, EMI MILLS MUSIC,
INC., a Delaware Corporation, EMI ROBBINS CATALOG INC., a New York Corporation, EMI

c:

--.o
<"")
""]

SOSAHA MUSIC INC., a Delaware Corporation, GLENWOOD MUSIC CORP., a California

Corporation,

SCREEN

GEMS-EMI

MUSIC

INC.,

Delaware

Corporation,

EMI

CONSORTIUM MUSIC PUBLISHING, INC, a New York corporation, d/b/a "EMI FULL
KEEL MUSIC"; EMI CONSORTIUM SONGS, INC, a New York corporation, d/b/a "EMI
LONGITUDE MUSIC;" (hereinafter, "Plaintiffs"), by and through their attorneys, Law Offices
of Paul Harrison Stacey, P.C., and Pryor Cashman LLP, and for their COMPLAINT FOR
INJUNCTION AND DAMAGES for copyright infringement against Defendants, SLEP-TONE
ENTERTAINMENT

CORPORATION,

"SOUNDCHOICESTORE.COM,"

d/b/a

North

Carolina

"SOUNDCHOICE",

d/b/a

corporation,
"SOUND

d/b/a

SOURCE

STUDIOS," PHOENIX ENTERTAINMENT PARTNERS, LLC., a North Carolina Limited

Liability Company, DEREK SLEP, individually and KURT SLEP, individually; (all hereinafter,
"Defendants") state as follows:

Jurisdiction and Venue

1.

This is an action for copyright infringement arising under the Copyright Act of

1975, 17 U.S.C. 101 et seq. This Court has jurisdiction of this action under 28 U .S.C.
1331, 1338(a) and 1338(b), and under its supplemental jurisdiction.
2.

Venue is proper in this district under 28 U.S.C. 1391 and 1400(a) and 1400

(b).

Related Case and Necessitv for Filing This Suit

3.

The claims in this litigation stem, in part, from the denial of joinder of the

Plaintiffs in a related lawsuit, namely: EMI Blackwood Music, Inc., et al. v. Slep-Tone
Entertainment Corporation, et al. (Case No. 1: 13-cv-00749 (LLS) "related case")). As explained

below however, the related case does not include PHOENIX ENTERTAINMENT PARTNERS,
LLC ("PHOENIX"), a recently formed company founded by the Co-Defendant, KURT SLEP.
4.

Plaintiffs have learned that in early February 2015, the Defendants, SLEP-TONE

ENTERTAINMENT CORPORATION ("SLEP-TONE") and KURT SLEP, transferred SLEPTONE's assets, including SLEP-TONE's inventory of contraband recordings, to PHOENIX.
PHOENIX now purports to offer the "Sound Choice" branded karaoke recordings for licensing
to professional karaoke jockeys, including the unlicensed 6,000 song product known as the

"GEM Series," via the https://pep.rocks website. The "GEM Series" is the subject of both this
ease

and

the

related

case.
website

(See

Exhibit

now

"1"

attached

automatically

hereto.)

redirects

Currently,

customers

to

the
the

"https://pep.rocks.corn" website for PHOENIX, where PHOENIX now touts itself as "The new
horne for Sound Choice- America's Favorite Karaoke Brand."
5.

PHOENIX is operating as the alter-ego of KURT SLEP and SLEP-TONE;

transferring the assets of SLEP-TONE to PHOENIX has been nothing more than a calculated
and illegitimate attempt to frustrate creditors, such as the Plaintiffs, and impede the Court's
jurisdictional ability to exercise its injunctive/impoundment remedies against the defendants in
the related litigation. Thus, this suit has been necessitated as much to restrain the actions of
PHOENIX, SLEP-TONE and KURT SLEP as it has been to vindicate the twelve (12) EMI
affiliated publishers who are not parties in the related litigation and have now brought this suit.

The Parties

6.

Plaintiff, EMI FEIST CATALOG INC., is a corporation duly organized and

existing under the laws of the State of New York, with its principal place of business in New

York, New York.

7.

Plaintiff, EMI GOLDEN TORCH MUSIC CORP., is a corporation duly

organized and existing under the laws of the State of New York, with its principal place of
business in New York, New York.
8.

Plaintiff, EMI GROVE PARK MUSIC, INC., is a corporation duly organized and

existing under the laws of the State of New York, with its principal place of business in New
York, New York.
9.

Plaintiff, EMI JEMAXAL MUSIC INC., is a corporation duly organized and

existing under the laws of the State of New York, with its principal place of business in New
York, New York.
10.

Plaintiff, EMI MILLER CATALOG INC., is a corporation duly organized and

existing under the laws of the State of New York, with its principal place of business in New
York, New York.
11.

Plaintiff, EMI MILLS MUSIC, INC., is a corporation duly organized and existing

under the laws ofthe State ofNew York, with its principal place of business in New York, New
York.
12.

Plaintiff, EMI ROBBINS CATALOG INC., is a corporation duly organized and

existing under the laws of the State of New York, with its principal place of business in New
York, New York.
13.

Plaintiff, EMI SOSAHA MUSIC INC., is a corporation duly organized and

existing under the laws of the State of New York, with its principal place of business in New
York, New York.
14.

Plaintiff, GLENWOOD MUSIC CORP., is a corporation duly organized and

existing under the laws of the State of New York, with its principal place of business in New
York, New York.
15.

Plaintiff, SCREEN GEMS-EMI MUSIC INC., is a corporation duly organized

and existing under the laws of the State of New York, with its principal place of business in New
York, New York.
16.

Plaintiff, EMI CONSORTIUM MUSIC PUBLISHING, INC, dJb/a "EMI FULL

KEEL MUSIC," is a corporation duly organized and existing under the laws of the State ofNew
York, with its principal place ofbusiness in New York, New York.
17.

Plaintiff, EMI CONSORTIUM SONGS, INC, d/b/a "EMI LONGITUDE

MUSIC;" is a corporation duly organized and existing under the laws of the State ofNew York,
with its principal place ofbusiness in New York, New York.
18.

Defendant,

SLEP-TONE

ENTERTAINMENT

CORPORATION,

d/b/a

"soundchoicestore.com," d/b/a "SOUNDCHOICE," and d/b/a "SOUND SOURCE STUDIOS"

(hereinafter "S LEP-TONE"), is a North Carolina corporation.

Until its recent transfer of assets

to PHOENIX, SLEP-TONE has been doing business, including the unauthorized distribution,
licensing and/or sale of the infringing karaoke recordings that are the subject of this suit
throughout the United States, including the Southern District of New York, via the websites
commonly known as www.soundchoice.com and W\Vw.soundchoicestore.com.

Its principal

place ofbusiness is currently 12245 Nations Ford Road, Suite 505, Pineville, NC 28134, but was
previously located (during many of the years in which the infringing conduct occurred) at 14100
South Lakes Drive, Charlotte, NC 28273.
19.

The Defendant, PHOENIX ENTERTAINMENT PARTNERS, LLC., a North

Carolina Limited Liability Company, ("PHOENIX") has been recently formed by the Co-

Defendant, KURT SLEP, and is, upon information and belief, the transferee of the assets of
SLEP-TONE as a result of a transaction occurring during or about early February 2015.
PHOENIX is currently doing business including the offering for licensing of the infringing

"GEM Series" of karaoke recordings to professional karaoke jockeys and which are the subject
of this suit, throughout the United States, including the Southern District of New York, via the
website known as "https://pep.rocks." Its principle place of business is currently 12245 Nations
Ford Road, Suite 505, Pineville, NC 28134. Upon information and belief, the Co-Defendant,
KURT SLEP, is the founder of PHOENIX and is a principal decision maker in control of the
company and responsible therefore for the company's unlawful infringement of Plaintiffs'
copyrighted works in the course of its business operations.
20.

Defendant, DEREK SLEP is, on information and belief, a citizen and resident of

Charlotte, North Carolina. KURT and DEREK SLEP ("SLEPS") are brothers and, on
information and belief, were the owners of SLEP TONE until during or about mid-20 10, at
which time DEREK SLEP sold his shares of the company to his brother, KURT SLEP.
21.
Defendants."

SLEP-TONE and the SLEPS shall be referred to collectively herein as the "SLEP
PHOENIX and KURT SLEP shall be referred to collectively herein as the

"PHOENIX Defendants." All of the aforementioned Defendants when referred to collectively

herein shall be referred to as the "Defendants."
22.

This Court has jurisdiction over each Defendant because of their doing business

on a continuous and systematic basis as well as committing the tortious acts alleged herein which
have occurred, caused injury and continue to occur within the jurisdiction of this Court.
Defendants' systematic and continuous advertising, distribution, licensing and/or sale of
infringing recordings of one or more of Plaintiffs' copyrighted works identified on the Exhibits

hereto within this jurisdiction subjects them to the jurisdiction of this Court.

Specifically,

Defendants have been doing business in the Southern District of New York through the
advertising, making available, distribution, offering for licensing and/or sale of infringing
recordings via interactive and/or passive internet websites to residents in the Southern District of
New York.

FACTUAL BACKGROUND
23.

Karaoke means "empty orchestra" in Japanese. While originating and becoming

very popular in Japan and Asia, karaoke has also now become extremely popular in the United
States.

While karaoke may be enjoyed by consumers using karaoke machines designed for

playing karaoke discs and home use, it has become vastly popular as a professional activity
offered in bars and restaurants throughout the United States which utilize professional karaoke
jockeys to conduct karaoke events for their patrons.
24.

Karaoke "CD+G," "SCD+G," "DVD" and "MP3G" recordings are re-recordings

of hit songs with the lead vocal tracks either omitted (instrumental), so that the consumer can
"sing along" as if he/she were the lead singer or, in the alternative, with a vocal track sung by
sound-alike artists (learning track) which in some formats can be muted upon playback so that
the karaoke recording may be listened to either with or without a lead vocal accompaniment.
These products are recorded and encoded to provide a contemporaneous video display of the
lyrics to the song for the consumer to sing along.
25.

The internet website(s) utilized by the SLEP Defendants have used graphic

images of various brands of unlicensed karaoke discs, in conjunction with a display of the
individual song titles contained on each disc and an offer to license and/or sell such discs at

specific prices to stimulate or induce the purchase/licensing of the karaoke discs or individual
karaoke recordings.

The functionality of the website(s) also has also permitted a visitor to

effectuate an actual purchase of unlicensed products, completing the purchase transaction with a
credit card or other payment service, all in violation of the exclusive distribution rights of the
copyright owners such as the Plaintiffs in this case.

Additionally, the SLEP Defendants'

interactive website(s) have contained one or more links, in an unauthorized distribution chain
selling download versions of karaoke recordings, ultimately leading customers to "The Karaoke
Channel" featured on the www.thekaraokechannel.com website owned and operated by Stingray
Music USA, Inc. and Stingray Digital Group, Inc. ("Stingray").
26.

The SLEP Defendants' website(s) have also been used to advertise, promote and

solicit professional karaoke jockeys to enter into purported "license" agreements whereby SLEPTONE has provided the 6,000 song "GE1'v1 Series" product to be used by professional karaoke
jockeys in their karaoke services.
27.

Since the transfer of the assets of SLEP-TONE, the PliOENIX website has now

undertaken the active business of "licensing" the "GEM Series" product to be used by
professional karaoke jockeys in their karaoke services.
28.

The illicit licensing activities of SLEP-TONE, KURT SLEP and PHOENIX has

induced further copyright infringement by the professional karaoke jockeys by assuring them
that they have the right to copy the "GEM Series" recordings onto the hard drives of the jockeys'
karaoke machines for use in their businesses.
29.

A fundamental legal requirement for copying, recording, advertising, distributing

and/or selling copyrighted material for purposes of producing a karaoke recording is a license for
exploitation of the song, which must be obtained from the owner/administrator of the copyright.

The owner of the copyright(s) licensed may be either the songwriter, his/her licensing agent, a
"music publisher," "publisher" or "administrator." Plaintiffs are music publishers that own or
control, in whole or in part, the copyrights in thousands of well-known and popular music
compositions that have been recorded, reproduced, distributed, advertised, "licensed" and sold
without Plaintiffs' authorization by the various Defendants and their businesses. Plaintiffs are in
the business of licensing the rights to record, reproduce, distribute, advertise, publicly perform or
otherwise exploit such copyrighted musical works, in exchange for the payment of royalties.
While Plaintiffs have issued karaoke licensing to the SLEP Defendants in 2003, 2005 and 2013,
the acts of the SELP Defendants which form the bases of the claims made against them herein
are not within the scope of the permissions granted them in the licenses. PHOENIX has never
been issued any licensing from Plaintiffs. Accordingly, the SLEP Defendants and PHOENIX are
not and have not been licensed to engage in the activities complained of herein.
30.

Karaoke recordings, unlike typical sound recordings, require "synchronization" or

karaoke licenses for the graphic display of lyrics that appear on a monitor in a synchronized
presentation with the recorded music. The synchronization or "karaoke" license typically grants
rights for a mechanical reproduction of the musical composition, the use of the lyrics in
synchronized graphic display, the advertising, distribution and/or sale, as well as promotional use
of the composition, and may include a "print" permission for reproduction of the song's lyrics on
lyric booklets or inserts in the karaoke package. The permissions granted to such licensees are
strictly personal and non-transferrable/non-assignable. The permissions are also strictly limited
to licensee's products in particular formats and limit the manner and type of distribution of the
licensee's products, as well as restrict the scope of the territory within which the products may be
distributed. Such licenses do not permit the licensee to utilize/replicate illicit recordings made

by third parties (non-parties to the license) to make their products. The licenses specifically
provide that any arrangements created for the purpose of making any recordings pursuant to the
permissions are agreed to be the property of the licensor, such as the named Plaintiffs in this
matter.
31.

Pursuant to typical synchronization and product licenses, karaoke companies may

be required to pay fixing fees and/or administration fees and required to pay advances against
future royalties, and account and pay royalties based upon the total number of units
manufactured and/or sold, usually on a quarterly basis. The customary rates for physical
synchronization licenses are fairly standardized; the rates for product and other licenses vary
considerably.
32.

Historically, music publishers have not issued non-exclusive licenses to permit

the further downstream sub-licensing or sale of recordings to other commercial entities that are
not parties to the license. More recently however, publishers have undertaken the issuance of
what are called "Audio Master" or "Karaoke Master" licenses which do permit, under strictly
controlled circumstances, the sale of "Audio Master" and/or "Karaoke Master" recordings to
downstream commercial entities for further commercial exploitation. Such licenses first require
the licensing of the downstream commercial purchaser of the "Audio Master" and/or "Karaoke
Master" recording to authorize whatever commercial use the purchaser seeks to make of the
copyrighted work, before any transfer of a master recording is permitted.

ALLEGATIONS COMMON TO ALL CAUSES OF ACTION

33.

Plaintiffs are the owners/administrators of the music copyrights, in the original

musical compositions, identified on the schedules attached hereto as Exhibits "1" - "5."

10

Plaintiffs' allegation that they are "administrators" means that they are either the assignees or the
exclusive licensees of one or more of the exclusive rights identified under 105 of the Copyright
Act. (17 U.S.C., 105 et seq.)

For the purposes of Plaintiffs' claims, the list of musical

compositions identified on the attached Exhibits "1" - "5" shall be referred to as the "Subject
Works."
34. a.) Exhibits "1"- "4" identify various unlicensed recordings appearing on the "GEM
Series," "Sound Choice," "Brick" and "Foundation" lines of karaoke discs which
were purportedly "COMPILED AND PRODUCED BY FEC-MEDIAPLAS" in the
United Kingdom.
b.) Exhibit "5" identifies various recordings being unlawfully distributed by the SLEP
Defendants via a link on the www.soundchoice.com website ultimately leading
customers to "The Karaoke Channel" website www.karaokechannelstore.com, owned
and operated by Stingray.
c.) The Exhibits identify the registration numbers for each of the Subject Works based
upon their registration with the United States Copyright Office.
35.

Plaintiffs reserve the right to amend this complaint after full discovery has been

completed to supplement the claims with any additional infringed works and any additional
courses of infringement.
36.

All of the Subject Works identified herein contain material wholly original and

are copyrightable subject matter under the laws ofthe United States and, to the best of Plaintiffs'
knowledge are in fact registered with the United States Copyright Office and the Registrations
numbers assigned by the Copyright Office are entered on the respective Exhibits attached hereto
identifying the Subject Works.

11

37.

Plaintiffs are informed and believe, and on that basis allege, since at least as early

as 2009, the SLEP Defendants has been variously participating from time to time in the
reproduction, distribution, offering for sale and/or licensing and actually selling and/or licensing
illegal and unauthorized copies of the Subject Works. The unauthorized copies have been in the
form of "karaoke" type recordings in either the "CDG," "CD+G," "SCDG,"

"SCD+G,"

"DVD," "MP-3," "MP3G" and/or "MP3+G" format for discs, hard drives, memory devices and
internet downloads.
38.

Since 2010, the "GEM Series" of karaoke recordings identified on Exhibit "1"

have been unlawfully made the subject of purported licensing agreements with professional
karaoke jockeys throughout the United States and beyond. The purported licensing of hundreds
of sets of the "GEM Series" was initially undertaken by SLEP-TONE and KURT SLEP during
or about 2010, but the unauthorized licensing activity has since been undertaken by PHOENIX
as a result of a transfer of the SLEP-TONE assets to PHOENIX in early February 2015. The
purported "license" agreements between SLEP-TONE and/or PHOENIX and the professional
karaoke jockeys constitutes direct copyright infringement by SLEP-TONE and PHOENIX for
the unauthorized distribution of the recordings to the karaoke jockeys.
39.

As well, both SLEP-TONE and PHOENIX are liable for v1canous and

contributory copyright infringement.

Under the purported license agreements with the

professional karaoke jockeys, SLEP-TONE, (and now PHOENIX) retain ownership of the
"GEM Series" discs which are the subject of the licensing agreements.

As a consequence,

SLEP-TONE and PHOENIX have the right and ability to recall those discs but have failed
and/or refused to do so because of their obvious direct financial interest in profiting from the
payments made by the professional karaoke jockeys. SLEP-TONE and PHOENIX have engaged

12

in this conduct knowing full well that the professional karaoke jockeys are utilizing the illicit

"GEM Series" discs to copy them to the hard drives of their professional karaoke machines to
provide karaoke services to various commercial venues. Alternatively, both SLEP-TONE and
PHOENIX are liable for contributory infringement relative to the illicit license agreements with
professional karaoke jockeys because SLEP-TONE and PHOENIX have materially contributed
to the unauthorized conduct of the professional karaoke jockeys by supplying the recordings
which are the object of the professional karaoke jockeys' downstream infringement.
40.

The conduct of the Defendants constitutes direct, vicarious, contributory and/or

inducement of infringement of Plaintiffs' music copyrights, depending upon the specific conduct
in question. The natural, probable and foreseeable result of Defendants' wrongful conduct has
been and will continue to be to deprive Plaintiffs of the exclusive rights accorded to them under
106 of the Copyright Act to control their copyright interests, to deprive Plaintiffs of the usual
and customary royalties and other fees to which they would be entitled if the Subject Works were
properly licensed with synchronization licenses, karaoke licenses, Audio Master licenses,
Karaoke Master licenses or advertising/promotional licenses, and to deprive Plaintiffs of
goodwill. Defendants' wrongful conduct also rises to the level of willful copyright infringement
justifying an award of enhanced statutory damages.

13

FIRST CLAIM FOR

COPYRIGHT INFRINGEMENT
17 U.S.C. 101, ET SEQ.
(Copyright Infringement and Willful Copyright Infringement
vs. Slep-Tone Entertainment Corporation,
Phoenix Entertainment Partners, LLC, Kurt Slep and Derek SJep, individuaHy)
41.

Plaintiffs reallege each and every allegation set forth in paragraphs 1 through 40,

inclusive, as though fully set forth herein, as and for this paragraph 41, and incorporates them
herein by this reference.
42.

While SLEP-TONE has been issued karaoke licenses from the plaintiffs from

time to time, the conduct which forms the bases of Plaintiffs' claims herein constitutes
infringement because the SLEP Defendants exceeded the scope of any such express or implied
licenses. Specifically, by their actions alleged above and as further set forth herein, the SLEP
Defendants have infringed and will continue to infringe Plaintiffs' copyright interests in one or
more of the following ways:
a) Since during or about 2008, by supplying recordings of Plaintiffs' copyrighted works
to other commercial entities including, but not necessarily limited to, the former
United Kingdom corporation known as Full Sail Consultancy, Ltd. (also believed to
do business as "FSC Mediaplas"), to be incorporated into and replicated in the foreign
made products;
b) By further advertising, distributing, making available for purchase and/or licensing,
offering for sale and/or licensing and/or actually selling/licensing the foregoing
products in the United States all, of which conduct exceeds the scope of any licensing
granted to the SLEP Defendants by Plaintiffs and/or Plaintiffs' agents.
c) Additionally, as a separate course of direct infringement and since 2010, the SLEP
Defendants and have entered into unauthorized agreements purporting to "license"
the "GEJ\1 Series" line of karaoke recordings to at least 315 individual and/or
corporate professional karaoke jockeys. The SLEP Defendants have never been
granted any rights from Plaintiffs to distribute such products and have been expressly
prohibited from sublicensing any of Plaintiffs' copyrighted works in the licenses
which have been granted to them from time to time by the Plaintiffs.

14

d) By virtue of their supplying the "GEM Series" recordings to professional karaoke

jockeys, the SLEP Defendants are also liable for vicarious copyright infringement,
contributory copyright infringement and/or inducement of if!fringement, relative to the
further downstream copying and/or performance of the unlicensed recordings by the
professional karaoke jockeys in the course of their providing their karaoke services.
The SLEP Defendants will continue this course of infringement even as they have
since the filing of the related litigation and the illegitimate "GEM Series" discs placed
at issue by other publishers.
e) In a separate course of infringement, the SLEP Defendants have participated in the
unlawful distribution of karaoke recordings ultimately made available on "The
Karaoke Channel" hosted on the website known as www.thekaraokestore.com.
While "The Karaoke Channel" is owned and operated by Stingray Music USA, Inc.
and Stingray Digital Group, Inc. ("Stingray"). The SLEP Defendants have never
been an authorized distributor of recordings containing Plaintiffs' copyrighted content
in any licensing issued to Stingray by the Plaintiffs and/or their licensing agents.
(Plaintiffs' claims for copyright infringement against Stingray and numerous
owners/officers of Stingray have been resolved by settlement pursuant to formal
mediation. However, Plaintiffs' settlement with Stingray reserved all rights against
the SLEP Defendants.)
f) In a separate course of infringement, SLEP-TONE and KURT SLEP 1 have recently
made a transfer of the assets of SLEP-TONE, including unauthorized copies of the
"GEM Series" recordings to PHOENIX, the purpose of which is to allow PHOENIX
to undertake the continued illicit licensing of the "GEM Series" to professional
karaoke jockeys. Plaintiffs never authorized the distribution of any karaoke
recordings by SLEP-TONE to third-party commercial entities such as PHOENIX for
further exploitation and have never entered into any licensing agreements with
PHOENIX authorizing their exploitation of Plaintiffs' copyrighted works m any
manner, much less to engage in sublicensing to professional karaoke jockeys.

43.

By their further actions the SLEP Defendants and PHOENIX have infringed and

will continue to infringe Plaintiffs' copyright interests. The Subject Works identified on Exhibits
"1"

"5" are not intended to be an exhaustive list of all of the copyrighted works

O\vned/administered by Plaintiffs which have been infringed by the SLEP Defendants. Rather,
Plaintiffs merely have identified the works which are known to them to have been infringed by
the SLEP Defendants to date and expressly reserve the right to seek leave to amend this Second

DEREK SLEP has had no involvement with the PHOENIX infringement.

15

Amended Complaint at the conclusion of discovery to add such additional works and infringing
products as are identified in the course of discovery.
44.

Alternatively, the SLEP Defendants and PHOENIX have materially contributed to

and induced the unlawful use of unlicensed recordings utilizing Plaintiffs' copyrighted works, or
have failed to exercise their respective rights and abilities to control the conduct of those
responsible for the infringement, thereby deriving a financial benefit from the infringement.
45.

The Defendants have infringed Plaintiffs' exclusive rights to the Subject Works

and the Defendants' conduct has been willful and undertaken with actual or constructive notice
that it was in violation of Plaintiffs' rights and done nevertheless in reckless disregard of
Plaintiffs' rights.

Alternatively, the Defendants' conduct was undertaken with actual or

constructive notice that it was in violation of Plaintiffs' rights and done nevertheless in reckless
disregard of Plaintiffs' copyright interests.
46.

Plaintiffs are entitled to an injunction restraining the Defendants, their officers,

agents and employees, and all persons acting in concert with them, from engaging in any further
such willtw acts in violation of the copyright laws.
47.

Plaintiffs are further entitled to recover from the Defendants the damages,

including attorneys' fees, they have sustained and will sustain, and any gains, profits and
advantages obtained by the Defendants as a result of their acts of infringement alleged above. At
present, the amount of such damages, gains, profits and advantages cannot be fully ascertained
by Plaintiffs. Alternatively, Plaintiffs are entitled at their election to an award of statutory
damages, attorney's fees and costs based upon the Defendants' acts of infringement alleged
above.

16

48.

Plaintiffs are further entitled to recover from the Defendants the damages

including attorneys' fees they have sustained and will sustain, and any gains, profits and
advantages obtained by the Defendants as a result of the Defendants' acts of willful infringement
alleged above. Alternatively, Plaintiffs may elect the statutory penalties provided for in 17
U.S.C. 504(c)(1) and (2), not to exceed $150,000.00 per copyright, per Defendant in the case
of liability for which they are not jointly and severally liable; otherwise, jointly against all
Defendants for joint conduct. At present, the amount of such damages, gains, profits and
advantages cannot be fully ascertained by Plaintiffs and Plaintiffs reserve the right to make such
election to have the Court impose the statutory penalties.
WHEREFORE, the Plaintiffs, EMI FEIST CATALOG INC., et al. respectfully pray this
Honorable Court for entry of judgment in their favor or an order providing the following relief
against the Defendants,, SLEP-TONE ENTERTAINMENT CORPORATION, a North Carolina
corporation, d/b/a "SOUNDCHOICE", d/b/a "SOUND SOURCE STUDIOS," PHOENIX
ENTERTAINMENT PARTNERS, LLC., a North Carolina Limited Liability Company, DEREK
SLEP, individually and KURT SLEP, individually, as follows:
a.

That the Court finds that the Defendants have infringed Plaintiffs'

copyright interests in the Subject Works identified on Exhibits "1" - "5" attached hereto
and associated with the brands identified on said respective Exhibits.
b. That the Court finds a substantial likelihood that the Defendants will continue
to infringe Plaintiffs' copyright interests in the Subject Works identified on Exhibits "1""5" attached hereto, unless enjoined from doing so.
c. That the Defendants, their directors, officers, agents, servants, employees and
all other persons in active concert or privity or in participation with them, be enjoined

17

from directly or indirectly infringing Plaintiffs' copyrights in the Subject Works or

continuing to market, offer, sell, dispose of, license, lease, transfer, display, advertise,
reproduce, develop or manufacture any works derived or copied from the Subject Works
or participate or assist in any such activity.
d. That the Defendants, their directors, officers, agents, servants, employees and
all other persons in active concert or privity or in participation with them, be enjoined to
return to Plaintiffs any and all originals, copies, facsimiles, or duplicates of the Subject
Works in their possession, custody or control.
e. That the Defendants, their directors, officers, agents, servants, employees and
all other persons in active concert or privity or in participation with them, be enjoined to
recall from all distributors, wholesalers, jobbers, dealers, retailers and distributors, and all
others known to Defendants, any originals, copies, facsimile, or duplicates of any works
shown by the evidence to infringe any copyright in the Subject Works.
f. That the Defendants be enjoined to deliver upon oath, to be impounded during
the pendency of this action and destroyed pursuant to judgment herein, all originals,
copies, facsimiles, or duplicates of any work shown by the evidence to infringe any
copyright in the Subject Works.
g. That Defendants be required to tile with the Court and to serve on Plaintiffs,
within 30 days after service of the Court's order as herein prayed, a report in writing
under oath setting forth in detail the manner and form in which Defendants have
complied with the Court's order.

18

h. That judgment be entered for Plaintiffs and against Defendants for Plaintiffs'
actual damages according to proof, and for any profits attributable to infringements of
Plaintiffs' copyrights, in accordance with proof.
i. Alternatively, and upon Plaintiffs' election, that judgment be entered for
Plaintiffs and against Defendants for statutory damages based upon Defendants' acts of
infringement and willful infringement, pursuant to the Copyright Act of 1975, as
Amended, 17 U.S.C. 101 et seq.
j. That Defendants be required to account for all gains, profits, and advantages
derived from their acts of infringement and for their other violations of law.

k. That all gains, profits and advantages derived by Defendants from their acts of
infringement and other violations of law be deemed to be held in constructive trust for the
benefit of Plaintiffs.

1. That Plaintiffs have judgment against Defendants for Plaintiffs' costs and
attorneys' fees.
m. That the Court grant such other, further, and different relief as the Court
deems proper under the circumstances.

JURY ]) EMAN])

Plaintiffs hereby demand a trial by jury on all issues triable to a jury.

Dated:

New York, New York

March 19,2015

DonaldS. Zakarin

19

William Charron
Frank P. Scibilia
Eric Fishman
Pryor Cashman
7 Times Square
New York, New York 10035
Direct dial: (212) 325-0108
Facsimile: (212) 798-5305
And

Paul Harrison Stacey

(Pro Hac Vice pending)
Law Oflices ofPaul Harrison Stacey, P.C.
Wyoming Bar No. 5-2515
7225 N. Spring Gulch Road
P.O. Box 4157
Jackson, WY 83001
Ph:
307-733-7333
Fax: 307-733-7350
Attorneys (or Plaintiffs,
EM/ f~IST CATALOG INC., et al.

20

Exhibit 1
to

Complaint for Injunction and Damages

EMI FEIST CATALOG, INC., etal.

v.
SLEP-TONE ENTERTAINMENT CORPORATION, et al.
(EMI Copyrights on Unlicensed "GEM Series" karaoke discs)
Title
1.
2.
3.

4.

5.

(I'm Not Your)

Steppin' Stone
A Girl Like
You
A Good
Hearted
Woman
Against All
Odds (Take A
Look At Me
Now)
Ain't Nobody

Writer(s)

SCREEN GEMS

Brigati, Edward J/Cavaliere,

Felix
Nelson, Willie/Jennings,
Waylon

EP234330

EMIJEMAXAL

EP0000294817 ;REO
000664954;PAOOOO
217644
PA 205096,
02/27/1984

EMILONGITUDE

Collins, Phil

Wolinski, David J

Always On My
Mind

James, Mark/Thompson,
Wayne/Christopher, John L.
Jr.

7.

Angel Baby

Hamlin, Rosalie

8.

Angel Flying
Too Close To
The Ground
Another Rainy
Night (Without
You)
A-Tisket ATasket

Nelson, Willie

10.

Publisher

Hart,BobbyfBoyce,Tornrny EU943841

6.

9.

Registration

PA 180772,
7/22/1983
EP 293227:
1111611973
RE 795-500:
12/31/1998
EU 647905/RE 377764/EP 283060/RE
678746/PA 27605/RE 927513/EP368123
PA49322,
1118/1979

EM! GOLDEN
TORCH

EMIFULLKEEL
SCREENGEMS

EMILONGITUDE

EMILONGITUDE

Degarmo, Christopher/Tate,
Geoff/Jackson, Eddie

PA498409

SCREENGEMS

Fitzgerald, Ella/Alexander,
Van

EU 170752, dated
6/2911938;
R 364231, dated
6/29/1965
EP 70253, daetd

EM! ROBBINS

11.

12.
. 13.
I

14.

15.

16.

17.
I

18.
19.

20.

7/1111938;
R 364909, dated
7/12/1965
Barbara Ann
EU 566105;
Fassert, Fred
3/11/1959
RE 334615;
3/25/1987
Bloody Mary
EUOOOO 187040/REO
Nelson, Willie
Morning
000783262
Blue Moon
EP 45186, 12/511934
Rodgers, Richard/Hart,
Lorenz
R 286391, 12/5/1961
Book Of Love Davis, Warren/Malone,
EU 502696/RE 239768/RE-656-508/RE
George/Patrick, Charles
911-404/EU
941282/RE 877-363
EU 724--459;
Breaking Up Is Sedaka, NeiVGreenfield,
Hard To Do
Howard
6/7/1962
RE 491-465;
7/27/1990
RE 501-221;
12/511990
EP 165-278;
7/9/1962
RE 491-450;
7/27/1990
RE 501-238;
12/511990
Buffalo Soldier Williams, Noel/Marley, Bob PA 198296,
1112111983
PA 725627,
8/111994 (CA)
PAu 492275,
3/28/1983
PAu 543476,
811911983 (CA)
By The Time I Webb, Jimmy L
EP 249530
Get To
Phoenix
EP 164957
Calendar Girl
Sedaka, NeiVGreenfield,
Howard
California Sun Levy, Morris/Glover, Henry EU 659360,
2/24/1961
RE 428369,
2/14/1989
Chattanooga
EP 95797, 6/27/1941
Warren, Harry/Gordon,
R 460142, 41111969
ChooChoo
Mack

EMILONGITUDE

EMILONGITUDE
EMIROBBINS
EMILONGITUDE

SCREENGEMS

EMILONGITUDE

EMISOSAHA

SCREENGEMS
EMILONGITUDE

EMIFEIST

21.
22.

Could It Be
Magic

24.

Crimson And
Clover

James, Tommy/Lucia, Peter

25.

Cry Like A
Baby
Crystal Blue
Persuasion
Daydream
Believer

Penn, Dan/Oldham,
Spooner
James, Tommy/Gray, Eddie
MorleyN ale, Mike
Stewart, John

28.

Dead Man's
Curve

29.

Deeper Than
The Holler
Delilah

Berry, Jan/Christian, Roger

Val/Wilson, Brian Douglas
Kornfeld, Artie
Overstreet, Paul/Schlitz,
Don
Reed, Les/Mason, Barry

27.

~
31.

32.

33.

I
I

Clarke, Willie James/Reid,

Clarence Henry
Ferguson, Stacyffroup,
Bobby/Adams,
Will/Simmons, Russell W
Smith, Lawrence/Spicer,
James
Manilow, Barry/Anderson,
Adrienne

23.

26.

Clean Up
Woman
Clumsy

34.

EP 297443

EMILONGITUDE

PA0001165468

EMIROBBINS

EU 448580,
12/311973
RE 840664,
6/18/2001
EP 251543,
10/2911968
RE 726666,
1122/1996
RE 724-293

EMILONGITUDE

EMILONGITUDE

SCREENGEMS

EU0000255311 ;REO EMILONGITUDE

000752693
SCREENGEMS
EU 24395,
11/1311967
RE 694197,
4nl1995
SCREENGEMS
EU 802165

PA 418-887

SCREENGEMS

EU 38093

GLENWOOD
SCREENGEMS

SCREENGEMS

SCREENGEMS

Different
Drum

Nesmith, Michael

Do Right
Woman Do
Right Man
Don't Say
Nothin' Bad
(About My
Baby)
Draggin' The
Line

Penn, Dan!Moman, Chips

EU 892696, dated
7/1611965;
RE 649883, dated
12/2811993
EU 78965, dated
1119/1967;
RE 701657, dated
417/1995
RE 701-305

Goffin, Gerry/King, Carole

EU 753329

James, Tommy/King,
RobertL

EU0000223559/REO FILONGITUDE
000783409

35.

Drivin' My
Life Away
Eighteen
Wheels And A
Dozen Roses
Empire

. 36.

37.

40.

Five O'clock
World
Fool For Your
Loving
Georgia

41.

Ghostbusters

42.

Groovin'

38.
39.

43.

Stevens, Even/Rabbitt,
Eddie/Malloy, David
Nelson, Paul/Nelson, Gene

SCREENGEMS

Moody, Mick/Marsden,
Bemie/Coverda1e, David
Johnson, Carolyn
DawnNerges, Troy
Parker, Ray Erskine Jr

145.

Hearts On Fire

Rabbitt, Eddie/Stevens,
Evenffyler, Dan
Rundgren, Todd Harry

Here Comes
The Hotstepper
(Dirty Version)
Here You
Come Again

48.

Reynolds, Allen

Blane, Ralph/Martin, Hugh

47.

SCREENGEMS

Wilton, Michaelffate, Geoff PA498410

Have Yourself
A Merry Little
Christmas

Hello It's Me

PAu001012239

Brigati, Edward J/Cavaliere,

Felix
Sedaka, Neil/Greenfield,
Happy
Birthday Sweet Howard
Sixteen

46.

SCREENGEMS

SCREENGEMS

44.

PA 222-514

Remi, Salaarn!Kamoze,
Ini/Kenner,
Christopher/Nix, Kenton
Mann, Barry/Weil, Cynthia

EU0000915595;REO
000623758
PA0000451 052
PA 1232005;
11/1/2001
PA 218114,
7/13/1989
PA 218120,
7/13/1989 (lnst.
Version)
EP 230379
EU 691-815;
10/1711961
RE 426-997;
2/1011989
EU 354875;
11/2211943
R 495419;
11123/1970
R495420;
11123/1970
EP 126302;
10/20/1944
R 515274;
10/20/1971
PA0000002597
EU 664457/29/1968
RE 724-6051/1611996
PA44-528711011979
PA0000892751

EU 8099308/1511977

EMILONGITUDE
EMILONGITUDE
EMIGOLDEN
TORCH

EMIJEMAXAL
SCREENGEMS

EMIFEIST

SCREENGEMS
SCREENGEMS

EMILONGITUDE

SCREENGEMS

49.

Highway Star

50.

Hold Me,
Thrill Me, Kiss
Me

51.

Honk:y Tonk
Attitude
Hooked On A
Feeling

Bogan, Lee C/Diffie, Joe

HowCaniBe
Sure
Hungry

Brigati, Edward J/Cavaliere,

Felix
Mann, Barry/Weil, Cynthia

I Believe In
You
I Can't Stay
Mad At You
I Like It, I
Love It
I Love A
Rainy Night
I Think I Love
You

52.

53.
54.
55.
56.
57.

~:
60.

I Think We're
Alone Now

~IWantYouTo
63.

Want Me
If I Give My
Heart To You
If I Only Had
ABrain A
Heart And The
Nerve

Lord, Jon/Paice, Ian/Gillan,

Ian/Glover, Roger D
Blackmore, Ritchie
Noble, Harry

James, Mark

RE 911-7851/3/2005
EP 3800341113/1977
RE 911-455
1/3/2005
EF0155456

EP 67442,
10/21/1952
RE 66685,
9/29/1980
PA0000613369

GLENWOOD

EMIMILLS

EMILONGITUDE

EP 249766, dated
9/13/1968;
RE 724694, dated
1/16/1996
EP 255 773

EMIJEMAXAL

EU943843

SCREENGEMS

Cook, Roger F./Hogin, Sam

PA 807 135

SCREENGEMS

Goffin, Gerry/King, Carole

EU 780854

SCREENGEMS

Dukes, Steve/Anderson, Jeb

Stuart/Hall, Markus
Rabbitt, Eddie/Stevens,
Even/Malloy, David
Romeo, Tony

PA 643-837

EMIFULLKEEL

PA 72-475

SCREENGEMS

EP 279-755;
1112/1970
RE 782-531;
1/2/1998
EP 226335,
1124/1967
RE 702512,
6/5/1995
EU-809938

SCREENGEMS

EMILONGITUDE

EU 316262

EMIMILLER

EU 171652, dated
7/18/1938;
R 364975, dated
7/19/1965

EMIFEIST

Rosenblatt, Richard

Nielsen, Rick
Crane, Jimmie/Brewster,
Jimmy/Jacobs, AI
Harburg, E.Y. "Yip"/Arlen,
Harold

SCREENGEMS

SCREENGEMS

64.

Me Hugh, Jimmy/Fields,
Dorothy
Goffin, Gerry/King, Carole

EU 818747

SCREENGEMS

Garrity, Freddie/Murray,
Mitch

EFOR 95337/EP
177893/EP
87883/EP 205618
EU 725 440

GLENWOOD

I'm Your
Boogie Man
In The Rain

Casey, Harry Wayne/Finch,

Richard Raymond
Hester, Anthony

70.

Indian Lake

Romeo, Tony

71.

Infatuation

Stewart, Rod/Hitchings,
Duane S/Robinson, Roland
Jabara, Paul/Shaffer, Paul

166.
i

67.

168.
169.

Colucci, Jill/Harris, Stewart

72. It's Raining

i
Men
73. Jet City
Woman
74. Joey
75. I Keep It Comin'
Love
76. ! Keep Your
Hands Off My
Baby
77. Knock Three
Times
i
78. Last Train To
Clarksville
!

EMIGOLDEN
TORCH
EP 49225, 711111935 EMIROBBINS
R 298686, 711111962

I'm Gonna Be
Somebody
I'm In The
Mood For
Love
I'm Into
Something
Good
I'm Telling
YouNow

65.

EP 74977, dated
2/811939
R 379227, dated
2/8/1966
EP 79154, dated
717/1939
R 390359, dated
8/3/1966
PA471530

Degarmo, Christopher/Tate,
Geoff
Napolitano, Johnette Lin
Casey, Harry Wayne/Finch,
Richard Raymond
Goffin, Gerry/King, Carole

I
EMlLONGITUDE

EU 278859/RE 911459/EP 78528/R

536504
EU 48352

EMILONGITUDE

PA 900 736

EMIFULLKEEL

PA 155624,
11/16/1982
PA498407

EMISOSAHA

PA495 150

EMILONGITUDE

EU 725 446

EMILONGITUDE

EU732-343

SCREENGEMS

Brown, L. Russell/Levine,
EU 219335
Irwin
Hart, Bobby/Boyce, Tommy EU 959-855;
9/8/1966
RE 656-443;
3/15/1994
EP 224-641;
11/8/1966

SCREENGEMS

SCREEN GEMS

EMISOSAHA
SCREENGEMS

79.

Calisch, Edith UStutz, Carl

EP 78057

EMIFEIST

Silverman,
Charles/Gou1dman, Graham
Berry, Richard

EFO 108320

GLENWOOD

EU 471125,
3/2211957
RE 229368,
12/31/1984
EP 289799

EMILONGITUDE

EFO 174038

SCREEN GEMS

Pippin, Stevan UDiffie,

Joe/Slate, Stacey

83.

Leroy The
Redneck
Reindeer
LetMeBeThe
One
Little Things
Mean A Lot
Look Through
Any Window
Louie Louie

84.

Maggie May

85.

Magic

Stewart, Rod/Quittenton,
Martin
Paton, David/Lyall, Billy

86.

Mandy

87.

Mary Mary

88.

Me And Paul

89.

Men

90.
91.

Minnie The
Moocher
MonyMony

92.

Moody Blue

93.

My Heart
Gordon, Alan Lee
Belongs To Me
Next Door To
Sedaka, NeiUGreenfield,

80.
81.
82.

Martinec, Lewis A

RE 656-440;
311511994
PA0000643855
PA0000643929
PA0000767757
PA0000330210

94.

Kerr, Richard/English, Scott EP 29533010/24/1971

RE 813-70412/29/1999
EP 38003111/411977
RE 911-453113/2005
EU 967-817;
Nesmith, Michael
12112/1966
RE 673-114;
5/27/1994
Nelson, Willie
EP 291853,
9/20/1971
RE 803395,
1121/199
Byrne, Robert/Schulman,
PA 300-741:
David Alan
9/10/1986
Calloway, Cab/Gaskill,
EP22824
Clarence/Mills, Irving
EP 244045,4/4/1968
Bloom, Bobby/James,
Tommy/Rosenblatt,
RE 738527,
9/11/1996
Richard/Gentry, Bo
James, Mark
EP347951

EMILONGITUDE

SCREENGEMS

EMIFULLKEEL

SCREENGEMS

SCREEN GEMS

EMILONGITUDE

SCREEN GEMS
EMIMILLS
EMILONGITUDE

SCREENGEMS

EU 358584

EMISOSAHA

EU736356

SCREENGEMS

An Angel

Howard

95.

No More
Drama

96.

No One Else
On Earth

Harris, James Samuel

Iii/Lewis, Terry/De Vorzon,
Barry
Botkin,
Perry L
Colucci, Jill/Harris,
Stewart!Lorber, Sam

97.

Oh Carol

98.

On Broadway

99.

Sedaka, Neil/Greenfield,
Howard
Mann, Barry/Weil,
Cynthia!Leiber,
Jerry/Stoller, Mike
Nelson, Willie

On The Road
Again
100. One Fine Day

Goffin, Gerry/King, Carole

101. Over The

Rainbow

Harburg, E.Y. "Yip"/Arlen,

Harold

102. Patches

Mann, Barry/Kolber, Larry

103. People Got To

Be Free
104. Peppermint
Twist

Brigati, Edward J/Cavaliere,

Felix
DiNicola, Joseph/Glover,
Henry

PA 1092111,
11113/2001

SCREENGEMS

PA 142663,
07/02/1992
PAu 1401733,
07/13/1990
EP 138374

EM! GOLDEN
TORCH

EU 734579: 8/31/62
RE485-344:
7/20/1990
PAu 197371,
2/5/1980
EU 766114,
04112/1963;
RE 528808,
03/14/1991
EP 177215,
06/19/1963;
RE 567555,
12/3111991
RE 544157,
04/0811991
EU 171647;
7118/1938
R 364974;
7/19/1965
EU 175159;
8/24/1938
R 366767;
8/2511965
EP 74284;
1118/1939
R 378562;
1/18/1966
EU714611

SCREENGEMS

EU 61084/RE
732283
EU 692812,
10/26/1961
RE 428002,
2/1411989

SCREENGEMS

EMILONGITUDE
SCREEN GEMS

EMIFEIST

SCREENGEMS
EMIJEMAXAL
EMILONGITUDE

105. Pleasant
Valley Sunday

Goffin, Gerry/King, Carole

106. Pour Me
Another
Tequila
107. Prop Me Up
Beside The
Jukebox (If I
Die)
108. Pump It

Stevens, Even/Rabbitt,
Eddie/Malloy, David

109.
110.
111.

112.

113.
114.

EU 4-825;
7111/1967
RE 789-422;
1119/1998
EP 236-549;
9/411967
RE 715-826;
3/11/1996
P A0000028870

Blaylock, Rick/Perdew,
PA 613 096
Howard/Phillips, Kerry Kurt

Roubanis,
PA0001162173
Nicholas/Ferguson,
Stacy/Adams, Will
Pineda, Allan/Van Musser,
Thomas
Real Love
Malloy, David/Me Cormick, PAu000704374
Randy/Brannan, Richard
Rock This
Setzer, Brian
PA 167973,
Town
1111511982
Santa Claus Is Coots, J. Fred/Gillespie,
EU93634,
Comin'To
Haven
09/2711934;
Town
R282480,
09/2711961
EP44456,
10/25/1934;
R283907,
10/25/1961
Save The Best Lind, Jonathan G/Waidman, Pau 1278896
For Last
Wendy/Galdston, Philip
Edward
She's Got It All Womack, Drew/Wiseman,
PA 886-673
Craig
Shout
Isley, Ronaldllsley,
EP 132762,
Rudolphllsley, O'kelly
811811959
RE 321408,
1112/1987
RE 340032,
5/26/1987
EP 132761,
811811959
RE 321406,

SCREENGEMS

SCREENGEMS

EMIT...ONGITUDE

EMIGROVE
PARK MUSIC

SCREENGEMS
EMILONGITUDE
EMIFEIST

EMILONGITUDE

EMIFULLKEEL
EMILONGITUDE

115. Silent Lucidity

Degarmo, Christopher

116. Singin' In The

Rain
"Theme"
117. Single White Female
118. Sixteenth
Avenue
119. Smoke On The
Water

Freed, Arthur/Brown, Nacio

Herb

120. i Southern
Nights
121. Space Truckin'

Lord, Jon!Paice, Ian/Gillan,

Ian/Glover, Roger D
Blackmore, Ritchie
Toussaint, Allen

122. Stray Cat Strut

Lord, Jon!Paice, Ian/Gillan,

Ian/Glover, Roger D
Blackmore, Ritchie
Setzer, Brian

123. Surrender

Nielsen, Rick

124. Sweet Talkin'

Guy

Morris, Doug/Greenberg,
Eliot/Baer, Barbara J
Schwartz, Robert Michael
Casey, Harry Wayne/Finch,
Richard Raymond

I
!

Smith, Shaye/Johnson,
Carolyn Dawn
Schuyler, Thorn

125. 1 That's The

Way (I Like It)
I

126. The Greatest

Love Of All

Creed, Linda/Masser,
Michael

127. The LocoMotion

King, Carole/Goffin, Gerry

128. The Right

Time

Herman, Lew

1/12/1987
RE 340033,
5/26/1987
PA 498 412

SCREENGEMS

EP 6350, 5/27/1929 EMIROBBINS

R 176608,9/10/1956
R 171197, 5/28/1965
EMIFULLKEEL
PA 964-705
PA0000148737

SCREENGEMS

EF0155448

GLENWOOD

EU 535596/RE 853762/EP 253218/RE

911-262
EF0000155453
RE0000832838

SCREENGEMS

GLENWOOD

PA 168000,
11/15/1982
PA 20-414:
6/16/1978
EU 930398

EMILONGITUDE

EU6060200,
8118/1975
RE 877393,
1/2/2003
EU 774309;
4/511977
RE 911177;
1/3/2005
EU 721814:
5/23/1962
RE 491-586:
7/27/1990
EP 166455:
7/27/1962
RE 491-487:
7/27/1990
PA 30-124:
4/23/1979

EMILONGITUDE

SCREENGEMS
SCREENGEMS

EMIGOLDEN
TORCH

SCREENGEMS

SCREENGEMS

129. The Shadow

Of Your Smile
(Vocal
Version)
130 The Sky Is
Crying
131. Theme From
. The Monkees

132. To Sir, With

Love
. 133. Tonight I
Celebrate My
Love
134. Tossin' And
Tumin'
135. Turning
Japanese
136. Up On The
Roof
7. Valleri

Webster, Paul
Francis/Mandel, Johnny

EP 204252

EMIMILLER

James, Elmore

EU 643766

EMILONGITUDE

Hart, Bobby/Boyce, Tommy EP 225554,

12/15/1966;
RE 662875,
06/27/1994
EP 243727
Black, Don/London, Mark

SCREENGEMS

Goffin, Gerry/Masser,
Michael

PA 184-186

SCREENGEMS

Ziegler, Richard A/Rene,

Malou
Fenton, David

EU 671257
PA-77-988

EMIGROVE
PARK MUSIC
GLENWOOD

Goffin, Gerry/King, Carole

EP 279751

SCREEN GEMS
i

Hart, Bobby/Boyce, Tommy EU995281

138. Walking In
The Rain

Mann, Barry/Weil,
Cynthia/Spector, Phil

139. Wannabe

Halliwell, Geri!Bunton,
Emma Lee/Brown, Melanie
J anine Chisholm, Melanie
Jayne/Beckham, Victoria
Caroline
Lowen, David Eric/Navarro,
Daniel Anthony

I 140. We Belong

141. We GottaGet
Out Of This
Place
142. When She
Cries
. 143. When You Say
Nothin' At All
1144. Where The
Boys Are
i

SCREENGEMS

Mann, Barry/Weil, Cynthia

Beeson, Marc/Lemaire,
Sonny
Overstreet, Paul/Schlitz,
Don
Sedaka, Neil/Greenfield,
Howard

EU 848303/EP
312348/RE 876972/RE 903-939/RE
321-405/EU827265
PA 883313,
04116/1997

PA 239-328:
1/29/1985
PA 250-511:
1111/1984
EU 895-700;
8/511965
RE 622-907;
3/2211993
PA-689-983
PA 374584,
08/1511988
EU 629-289;
6/2311960
RE 384-714;

SCREENGEMS
SCREENGEMS

EMIFULLKEEL

SCREEN GEMS

SCREENGEMS

EMILONGITUDE
SCREENGEMS
SCREENGEMS

Toussaint, Allen

112711988
EU 634-765;
8/5/1960
RE 372-110;
111111988
EU 684-102;
8/1811961
RE 426-886;
2/1011989
EP 165-165;
8/30/1961
RE 428-941;
2/10/1989
EU 653713,
01/06/1961;
RE429038,
02/1011989
EP 152940,
05/1511961;
RE 456965,
12/26/1989
EU 948400

Berg, Matraca
Maria/Randall, Alice

PA 753929, dated
4/411995

Glover, John/Dean, James

EU 726330/RE 911- EMILONGITUDE

519/RE-700-816/R
223998

Goffin, Gerry/King,
Carole/Wexler, Gerald

EU 167879/27/1967
RE 690-5352/111995
EP 2913088/9/1971
RE 794-74512/3111998
EU 854820;
11/2311964
RE 570564;
116/1992
EP 198070;
1/2711965
RE 610504;
114/1993

145. Who Put The

Bomp "In
TheBomp
BompBomp"

Mann, Barry/Goffin, Gerry

146. Will You Love

Me Tomorrow

Goffin, Gerry/King, Carole

147. Working In
The Coal Mine
1148. Xxx'sAnd
Ooo's (An
American Girl)
149. You Don't
Have To Be A
Star (To Be In
My
150. You Make Me
Feel Like A
Natural
Woman

151. You've Lost

That Lovin'
Feelin'

Mann, Barry/Weil,
Cynthia/Spector, Phil

SCREENGEMS

SCREENGEMS

SCREENGEMS
EMILONGITUDE

SCREENGEMS

SCREENGEMS

Exhibit 2
to

Complaint for Injunction and Damages

EMI FEIST CATALOG, INC., et al.
v.
SLEP-TONE ENTERTAINMENT CORPORATION, et al.
(EMI Songs on Sound Choice Karaoke Discs from
the "Power Picks," "Spotlight" and "Star Series" karaoke discs)

II.
2.

3.

Title
Fool For Your
Loving
Ghostbusters

Writer(s)
Moody, Mick/Marsden,
Bemie/Coverdale, David
Parker, Ray Erskine Jr

Have Yourself A
Merry Little
Christmas

Blane, Ralph/Martin,
Hugh

Hooked On A
Feeling

James, Mark

I'm Into Something

Good
Joey

Goffin, Gerry/King,
Carole
Napolitano, Johnette Lin

Keep Your Hands

OffMyBaby
Knock Three
Times
Last Train To
Clarksville

Goffin, Gerry/King,
Carole
Brown, L.
Russell/Levine, Irwin
Hart, Bobby/Boyce,
Tommy

14.

5.
6.
7.
8.
I

9.

Registration
PA0000451052

Publisher
EMILONGITUDE

PA 218114,
7113/1989
PA 218120,
711311989 (Inst.
Version)
EU 354875;
11122/1943
R495419;
11/23/1970
R495420;
11/23/1970
EP 126302;
10/20/1944
R 515274;
10/20/1971
EP 249766, dated
9/13/1968;
RE 724694, dated
1/16/1996
EU 818747

EMIGOLDEN
TORCH

EMIFEIST

SCREENGEMS

SCREENGEMS
I

PA 495 150

EMILONGITUDE

EU 732-343

SCREENGEMS

EU 219335

EMISOSAHA

EU 959-855;
9/8/1966
RE 656-443;

SCREENGEMS

10.

One Fine Day

Goffin, Gerry/King,
Carole

11.

Silent Lucidity

Degarmo, Christopher

12.

To Sir, With Love

13.

We Gotta Get Out

Of This Place

Black, Don/London,
Mark
Mann, Barry/Weil,
Cynthia

, 14.
!

I ~!~n You Say

thin' At All

Overstreet, PauVSchlitz,
Don

3115/1994
EP 224-641;
11/8/1966
RE 656-440;
311511994
EU 766114,
04/1211963;
RE 528808,
03/1411991
EP 177215,
0611911963;
RE 567555,
12/3111991
RE 544157,
04/08/1991
PA498 412

SCREENGEMS

SCREENGEMS

EP 243727

SCREENGEMS

EU 895-700;
8/5/1965
RE 622-907;
3/2211993
PA 374584,
08115/1988

SCREENGEMS

SCREEN GEMS

Exhibit 3
to

Complaint for Injunction and Damages

EMI FEIST CATALOG, INC., etal.
v.

SLEP-TONE ENTERTAINMENT CORPORATION, et al.

(EMI Copyrights on Unlicensed "Brick" karaoke discs)
Title
Another Rainy
Night (Without
You)
A-Tisket A-Tasket

Writer(s)
Degarmo,
Christopherffate,
Geoff/Jackson, Eddie
Fitzgerald,
Ella/Alexander, Van

3.

Breaking Up Is
Hard To Do

Sedaka, Neil/Greenfield,
Howard

4.

By The Time I Get

To Phoenix
Cry Like A Baby

Webb, Jimmy L

1.

2.

5.
6.
7.

Deeper Than The

Holler
Different Drum

Penn, Dan/Oldham,
Spooner
Overstreet, Paul/Schlitz,
Don
Nesmith, Michael

Registration
PA 498 409

Publisher
SCREENGEMS

EU 170752, dated
6/29/1938;
R 364231, dated
6/29/1965
EP 70253, daetd
7/11/1938;
R 364909, dated
711211965
EU 724-459;
6/7/1962
RE 491-465;
7/27/1990
RE 501-221;
12/5/1990
EP 165-278;
7/9/1962
RE 491-450;
7/2711990
RE 501-238;
12/5/1990
EP 249530

EMIROBBINS

EMISOSAHA

RE 724-293

SCREENGEMS

PA 418-887

SCREENGEMS

EU 892696, dated
711611965;
RE 649883, dated
12/28/1993

SCREENGEMS

SCREEN GEMS

8.

9.

Don't Say Nothin'

Bad (About My
Baby)
Hearts On Fire

Goffin, Gerry/King,
Carole
Rabbitt, Eddie/Stevens,
Even/Tyler, Dan
Mann, Barry/Weil,
Cynthia

10.

Here You Corne

Again

11.

Hooked On A
Feeling

James, Mark

12.

Hungry

13.

I Believe In You

14.

I Can't Stay Mad

At You
I Love A Rainy
Night
I Think We're
Alone Now

Mann, Barry/Weil,
Cynthia
Cook, Roger F./Hogin,
Sam
Goffin, Gerry/King,
Carole
Rabbitt, Eddie/Stevens,
Even/Malloy, David
Rosenblatt, Richard

15.
16.

17.
18.
19.

If I Give My Heart
To You
LetMeBeThe
One
Little Things Mean

~~
22.

Heart Belongs
Me
Door To An
Angel
On Broadway

Crane, Jimmie/Brewster,
Jimmy/Jacobs, AI
Martinee, Lewis A
Calisch, Edith UStutz,
Carl
Gordon, Alan Lee
Sedaka, Neil/Greenfield,
Howard
Mann, Barry/Weil,
Cynthia/Leiber,
Jerry/Stoller, Mike

EU 78965, dated
111911967;
RE 701657, dated
4/7/1995
EU 753329

SCREENGEMS

P A0000002597

SCREENGEMS

EU 8099308/15/1977
RE 911-7851/3/2005
EP 38003411/311977
RE 911-4551/3/2005
EP 249766, dated
9113/1968;
RE 724694, dated
1116/1996
EU943843

SCREENGEMS

SCREENGEMS

SCREENGEMS

PA 807 135

SCREENGEMS

EU 780854

SCREEN GEMS

PA 72-475

SCREENGEMS

EP 226335,
1/24/1967
RE 702512,
6/511995
EU 316262

EMILONGITUDE

EMIMILLER

PA0000330210

SCREENGEMS

EP 78057

EMIFEIST

EU 358584

EMISOSAHA

EU 736356

SCREENGEMS

EU 734579:
8/31162
RE 485-344:

SCREENGEMS

I
I

7/2011990
23.

One Fine Day

Goffin, Gerry/King,
Carole

Pour Me Another
Tequila
Singin' In The Rain
"Theme"

Stevens, Even!Rabbitt,
Eddie/Malloy, David
Freed, Arthur/Brown,
Nacio Herb

26.

That's The Way (I

Like It)

Casey, Harry
Wayne/Finch, Richard
Raymond

27.

Who Put The

Bomp "In The
BompBomp
Bomp"

Mann, Barry/Goffin,
Gerry

24.
25.

EU766114,
04/1211963;
RE 528808,
03/14/1991
EP 177215,
06119/1963;
RE 567555,
12/3111991
RE 544157,
04/0811991
P A0000028870
EP 6350,
5/2711929
R 176608,
9/10/1956
R 171197,
5/2811965
EU 6060200,
8/18/1975
RE 877393,
112/2003
EU 684-102;
811811961
RE426-886;
2110/1989
EP 165-165;
8/30/1961
RE 428-941;
2/10/1989

SCREENGEMS

SCREENGEMS
EMIROBBINS

EMILONGITUDE

SCREENGEMS

Exhibit 4
to

Complaint for Injunction and Damages

EMI FEIST CATALOG, INC., et al.
v.
SLEP-TONE ENTERTAINMENT CORPORATION, et al.
(EMI Copyrights on Unlicensed "Foundation" karaoke discs)
1.

2.
. 3.

4.

15.

Writer(s)
Collins, Phil

Registration
PA 205096,
02/27/1984

Publisher
EMIGOLDEN
TORCH

Wolinski, David J

PA 180772,
7/22/1983
EP 293227:
11/16/1973
RE 795-500:
12/3111998
EU 566105;
3/1111959
RE 334615;
3/25/1987
EP 45186,
12/511934
R 286391,
12/511961
EP 95797,
6/27/1941
R 460142,
4/1/1969
EU 24395,
11/13/1967
RE 694197,
4/711995
EU 38093

EMIFULLKEEL

GLENWOOD

Always On My
Mind

James, Mark/Thompson,
Wayne/Christopher, John
L. Jr.

Barbara Ann

Fassert, Fred

I Blue Moon

Rodgers, Richard/Hart,
Lorenz

SCREEN GEMS

EMILONGITUDE

EMIROBBINS

6.

Chattanooga Chao
Chao

7.

Daydream Believer Stewart, John

8.

Delilah

Reed, Les/Mason, Barry

9.

Eighteen Wheels
And A Dozen
Roses
Ghostbusters

Nelson, Paul/Nelson,
Gene

PAu001012239

SCREENGEMS

Parker, Ray Erskine Jr

PA 218114,
7/1311989
PA 218120,

EMIGOLDEN
TORCH

10.
I

Title
Against All Odds
(Take A Look At
Me Now)
Ain't Nobody

Warren, Harry/Gordon,
Mack

EMIFEIST

SCREEN GEMS

11.

Here Comes The

Hotstepper (Dirty
Version)
HonkyTonk
Attitude
Last Train To
Clarksville

Hart, Bobby/Boyce,
Tommy

14.

Louie Louie

Berry, Richard

15.

Men

16.

Minnie The
Moocher
Moody Blue

Byrne, Robert/Schulman,
David Alan
Calloway, Cab/Gaskill,
Clarence/Mills, Irving
James, Mark

No One Else On
Earth

Colucci, Jill/Harris,
Stewart/Lorber, Sam

112.
13.

17.
1

18.

19. I On The Road

Again
20. Over The Rainbow

21.

Peppermint Twist

Remi, Salaam/Kamoze,
Ini/Kenner,
Christopher/Nix, Kenton
Bogan, Lee C/Diffie, Joe

Nelson, Willie
Harburg, E.Y.
"Yip"/Arlen, Harold

DiNicola,
Joseph/Glover, Henry

7113/1989 (Inst.
Version)
PA0000892751

EMILONGITUDE

PA0000613369

EMILONGITUDE

EU 959-855;
9/811966
RE 656-443;
3/1511994
EP 224-641;
1118/1966
RE 656-440;
3/1511994
EU 471125,
3/2211957
RE 229368,
12/3111984
PA 300-741:
9/10/1986
EP22824

SCREENGEMS

EMIMILLS

EP347951

SCREEN GEMS

PA 142663,
07/02/1992
PAu 1401733,
07/13/1990
PAu 197371,
2/511980
EU 171647;
7/18/1938
R 364974;
7/19/1965
EU 175159;
8/24/1938
R 366767;
8/25/1965
EP 74284;
111811939
R 378562;
111811966
EU 692812,
10/26/1961
RE428002,
211411989

EMIGOLDEN
TORCH

EMILONGITUDE

SCREENGEMS

EMILONGITUDE
EMIFEIST

EMILONGITUDE

22.

23.

Santa Claus Is
Comin' To Town

Coots, J. Fred/Gillespie,
Haven

24.

Single White
Female
Southern Nights

Smith, Shaye/Johnson,
Carolyn Dawn
Toussaint, Allen

25.

The Loco-Motion

King, Carole/Goffin,
Gerry

26.

Webster, Paul
Francis/Mandel, Johnny

27.

The Shadow Of
Your Smile
(Vocal Version)
To Sir, With Love

28.

Up On The Roof

29.

When She Cries

30.

Where The Boys

Are

31.

You Don't Have

To Be A Star (To
Be In My

EU 93634,
09/27/1934;
R 282480,
09/2711961
EP44456,
10/2511934;
R 283907,
1012511961
PA 964-705

EMIFEIST

EMIFULLKEEL
SCREENGEMS

EU 535596/RE
853-762/EP
253218/RE 911262
EU 721814:
5/23/1962
RE 491-586:
7/2711990
EP 166455:
7/27/1962
RE 491-487:
7/2711990
EP204252

EMIMILLER

Black, Don/London,

EP 243727

SCREENGEMS

t!m, Gerry/King,

EP 279751

SCREEN GEMS

PA-689-983

EMILONGITUDE

EU 629-289;
6/23/1960
RE 384-714;
112711988
EU 634-765;
8/5/1960
RE 372-110;
111111988
EU 726330/RE
911 - 519/RE-700816/R 223998

SCREENGEMS

ole
Beeson, Marc/Lemaire,
Sonny
Sedaka, Neil/Greenfield,
Howard

Glover, John/Dean,
James

SCREENGEMS

EMILONGITUDE

Exhibit 5
to

Complaint for Injunction and Damages

EMI FEIST CATALOG, INC., etal.
v.

SLEP-TONE ENTERTAINMENT CORPORATION, et al.

(EMI Copyrights on Unlicensed "The Karaoke Channel" karaoke discs)
Title
A Girl Like You

1.

2.

Another Rainy
Night (Without
You)
Breaking Up Is
Hard To Do

3.

14.
5.

6.

. 7.

8.
I

By The Time I Get

To Phoenix
Clumsy

Don't SayNothin'
Bad (About My
Baby)
Eighteen Wheels
And A Dozen
Roses
Empire

Registration
EP234330

Publisher
EMIJEMAXAL

PA498 409

SCREENGEMS

EU724-459;
6/7/1962
RE 491-465;
7/27/1990
RE 501-221;
12/5/1990
EP 165-278;
7/911962
RE491-450;
7/2711990
RE 501-238;
12/5/1990
EP 249530

SCREENGEMS

EMISOSAHA

PAOOO 1165468

EMIROBBINS

EU 753329

SCREENGEMS

Nelson, Paul/Nelson,
Gene

PAu001012239

SCREENGEMS

Wilton, MichaeVTate,
Geoff

PA498410

SCREEN GEMS

Writer(s)
Brigati, Edward
J/Cavaliere, Felix
Degarmo,
Christopherffate,
Geoff/Jackson, Eddie
Sedaka, NeiVGreenfield,
Howard

Webb, Jimmy L
Ferguson, Stacyffroup,
Bobby/Adams,
Will/Simmons, Russell
W Smith,
Lawrence/Spicer, James
Goffin, Gerry/King,
Carole

9.
10.

11.

12.
i

13.

15.
1

17.

18.
I 19.

Moody, Mick/Marsden,
Bernie/Coverdale, David
Sedaka, Neil/Greenfield,
Howard

Here Comes The

Hotstepper (Dirty
Version)
How Can I Be Sure

Remi, Salaam/Kamoze,
Ini/Kenner,
Christopher/Nix, Kenton
Brigati, Edward
J/Cavaliere, Felix
Goffin, Gerry/King,
Carole
Dukes, Steve/Anderson,
Jeb Stuart/Hall, Markus
Harburg, E. Y.
"Yip"/Arlen, Harold

I Can't Stay Mad

At You
I Like It, I Love It

114.

16.

Fool For Your

Loving
Happy Birthday
Sweet Sixteen

If I Only Had A
Brain A Heart
And The Nerve

I'm Into Something

Good
I'm Your Boogie
Man
Indian Lake
Infatuation

Goffin, Gerry/King,
Carole
Casey, Harry
Wayne/Finch, Richard
Raymond
Romeo, Tony

20.

It's Raining Men

Stewart, Rod/Hitchings,
Duane S/Robinson,
Roland
Jabara, Paul/Shaffer, Paul

21.

Joey

Napolitano, Johnette Lin

22.

Keep It Comin'
Love

23.

I Keep Your Hands

Casey, Harry
Wayne/Finch, Richard
Raymond
Goffin, Gerry/King,
Carole
Pippin, Stevan UDiffie,

24.

OffMyBaby
Leroy The

PA0000451052

EMILONGITUDE I

EU 691-815;
10/1711961
RE426-997;
2/10/1989
PA0000892751

SCREEN GEMS

EMILONGITUDE

EP 255 773

EMIJEMAXAL

EU 780854

SCREENGEMS

PA 643-837

EMIFULLKEEL

EU 171652, dated
7/18/1938;
R 364975, dated
7/19/1965
EP 74977, dated
2/8/1939
R 379227, dated
2/811966
EP 79154, dated
1n11939
R 390359, dated
8/311966
EU 818747

EMIFEIST

SCREEN GEMS

EU725 440

EMILONGITUDE

EU 48352

SCREEN GEMS

PA 900 736

EMIFULLKEEL

PA 155624,
11116/1982
PA495 150

EMISOSAHA

EU 725 446

EMILONGITUDE

EU 732-343

SCREENGEMS

P A0000643855

EMILONGITUDE

EMILONGITUDE

25.
26.

27.

Redneck Reindeer

Joe/Slate, Stacey

Let Me Be The
One
Mandy

Martinee, Lewis A

28.

Next Door To An
Angel
OhCarol

29.

One Fine Day

Kerr, Richard/English,
Scott

Sedaka, Neil/Greenfield,
Howard
Sedaka, Neil/Greenfield,
Howard
Goffin, Gerry/King,
Carole

Pleasant Valley
Sunday

Goffin, Gerry/King,
Carole

33.

Pour Me Another
Tequila
Prop Me Up
Beside The
Jukebox (If I Die)
Pump It

34.

Santa Claus Is

Stevens, Even/Rabbitt,
Eddie/Malloy, David
Blaylock, Rick/Perdew,
Howard/Phillips, Kerry
Kurt
Roubanis,
Nicholao;;/Ferguson,
Stacy/Adams, Will
Pineda, Allan/Van
Musser, Thomas
Coots, J. Fred/Gillespie,

30.

31.
32.

PA0000643929
PA0000767757
P A0000330210

SCREENGEMS

SCREENGEMS

EP 29533010/24/1971
RE 813-70412/29/1999
EP 3800311114/1977
RE 911-453113/2005
EU 736356

SCREENGEMS

EP 138374

SCREENGEMS

EU 766114,
0411211963;
RE528808,
03/1411991

SCREEN GEMS

EP 177215,
06119/1963;
RE 567555,
12/3111991
RE544157,
04/08/1991
EU 4-825;
711111967
RE 789-422;
11/9/1998
EP236-549;
9/411967
RE 715-826;
311111996
P A0000028870

SCREENGEMS

PA 613 096

EMILONGITUDE

PA0001162173

EM! GROVE
PARK MUSIC

EU 93634,

EM! FEIST

SCREENGEMS

Comin' To Town

Haven

35. . She's Got It All

Womack,
Drew/Wiseman, Craig
Toussaint, Allen

36.

Southern Nights

37.

The Loco-Motion

King, Carole/Goffin,
Gerry

38.

The Sky Is Crying

James, Elmore

39.

Tonight I Celebrate Goffin, Gerry/Masser,

My Love
Michael
Up On The Roof
Goffin, Gerry/King,
Carole
Valleri
Hart, Bobby/Boyce,
Tommy
Walking In The
Mann, Barry/Weil,
Rain
Cynthia/Spector, Phil

40.
41.
42.

43.

Wannabe

44.

Will You Love Me

Tomorrow

Halliwell, Geri/Bunton,
Emma Lee/Brown,
Melanie J anine
Chisholm, Melanie
Jayne/Beckham, Victoria
Caroline
Goffin, Gerry/King,
Carole

09/27/1934;
R 282480,
09/27/1961
EP 44456,
10/25/1934;
R 283907,
10/25/1961
PA 886-673

EMIFULLKEEL
SCREENGEMS

EU 535596/RE
853-762/EP
253218/RE 911262
EU 721814:
5/23/1962
RE 491-586:
7/2711990
EP 166455:
7/2711962
RE 491-487:
7/27/1990
EU 643766

EMILONGITUDE

PA 184-186

SCREENGEMS

EP 279751

SCREEN GEMS

EU995281

SCREENGEMS

EU 848303/EP
312348/RE 876972/RE 903939/RE 321405/EU827265
PA 883313,
04/16/1997

SCREENGEMS

EU 653713,
01/06/1961;
RE429038,
02/10/1989
EP 152940,
05/15/1961;
RE456965,

SCREENGEMS

EMIFULLKEEL

SCREENGEMS

12/2611989
45.

You've Lost That

Lovin' Feelin'

Mann, Barry/Weil,
Cynthia/Spector, Phil

EU 854820;
11/2311964
RE 570564;
1/611992
EP 198070;
1127/1965
RE 610504;
11411993

SCREENGEMS