Tilmon-Jones v. Bridgeport Music Complaint

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
JANYCE TILMON-JONES, individually and in her capacity as personal representative of the Estate of Abrim Tilmon, Jr.; CATHERINE M. CARTWRIGHT, an individual resident of the state of Michigan; STEVEN M. TILMON, an individual resident of the state of Indiana; GLOBAL ROYALTY NETWORK & PUBLISHING, a Gibraltar Corporation, Plaintiffs, v. BRIDGEPORT MUSIC, INC., a Michigan corporation; SOUTHFIELD MUSIC, INC., a Michigan corporation; WESTBOUND RECORDS, INC., a Michigan corporation; NINE RECORDS, INC., a Michigan corporation; SYNC2PICTURE, LLC; a Michigan limited liability company; and ARMEN BOLADIAN, an individual resident of the state of Michigan, Defendants.
Civil Action No. Honorable Magistrate Demand For Jury Trial
COMPLAINT Plaintiffs Janyce Tilmon-Jones, Catherine M. Cartwright, Steven M. Tilmon, and Global Royalty Network & Publishing, by and through their attorneys, Dobrusin & Thennisch PC and Gregory J. Reed & Associates PC, hereby complain against Defendants Bridgeport Music, Inc.,
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Southfield Music, Inc., Westbound Records, Inc., Nine Records, Inc., and Armen Boladian, jointly and severally, as follows: NATURE OF THE ACTION 1. Plaintiffs bring this lawsuit to seek redress and put an end to Defendants years-
long and continuing pattern of unprecedented wrongful conduct, intended to enrich themselves by, among other things, unlawfully, falsely, and fraudulently claiming ownership of the renewal term copyrights in certain musical works authored, at least in part, by legendary songwriter, recording artist, and producer Abrim Tilmon, Jr. (Abrim Tilmon). This action, among other things, seeks a declaration of ownership of the quintessential musical works authored by Abrim Tilmon and recovery of the substantial damages that Plaintiffs have suffered at Defendants hands. 2. From the late 1960s until his untimely death on July 6, 1982, Abrim Tilmon led a
distinguished musical career as a songwriter, recording artist, and producer, perhaps most-widely known and revered for his work with a musical group, more commonly known as the Detroit Emeralds. In the ensuing years, Abrim Tilmons legacy has been preserved through the musical works that he contributed his creative talents to. Plaintiffs are successors-in-interest to all of the intellectual property and contract rights of Abrim Tilmon, including rights stemming from various Abrim Tilmon musical works that were originally copyrighted and/or published prior to January 1, 1978, during the most prolific period of Abrim Tilmons short career. 3. Defendants have unlawfully, falsely, and fraudulently laid claim to ownership of
Abrim Tilmon musical works that were originally copyrighted and/or published prior to January 1, 1978. As more fully detailed herein, under the U.S. Copyright Act, ownership of the renewal term copyrights in these musical works automatically vested in the Estate of Abrim Tilmon after
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the initial 28-year-term of copyright expired.
Thus, Defendants have wrongfully claimed
unilateral ownership of, and continue to exploit as the purported copyright owner, each pre-1978 Abrim Tilmon musical work, even though copyrights in these musical works have reverted, as a matter of law, to the Estate of Abrim Tilmon. Accordingly, Plaintiffs are entitled to a
declaratory judgment that they, not Defendants, are the owners of the renewal term copyrights in these musical works, as well as an order compelling Defendants to reconvey Plaintiffs these copyrights, to disgorge all profits wrongfully collected as purported copyright owner during the renewal term, and to immediately cease and desist their exploitation of these musical works as the purported copyright owner. 4. Further, as set forth above and as more fully detailed herein, under the U.S.
Copyright Act, ownership of the renewal term copyrights in each musical work complained of herein automatically vested in the Estate of Abrim Tilmon. Defendants continued exploitation of these musical works as the purported copyright owner during the renewal term has interfered with Plaintiffs exclusive rights in and to such musical works under the U.S. Copyright Act. 5. Still further, in an added attempt to enrich itself at Plaintiffs expense, Defendants
have obtained certain U.S. Copyright Registrations pertaining to Abrim Tilmon musical works as a result of both willful misstatements made to the U.S. Copyright Office by Defendants, or their agents, as well as the intentional failure to provide the Copyright Office with material facts that, had they been known, would have precluded the issuance of such U.S. Copyright Registrations. Thus, Plaintiffs are entitled to a declaratory judgment that such U.S. Copyright Registrations are invalid. 6. While Plaintiffs and their counsel have expended an extraordinary amount of
resources to identify and substantiate each and every musical work authored, at least in part, by
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Abrim Tilmon with U.S. Copyright Office Records, this complaint pertains to each and every musical work known to Plaintiffs that Defendants have unlawfully, falsely, and fraudulently claimed an ownership in. A complete listing of the musical works known to Plaintiffs to which this action pertains is attached hereto as Exhibit 1 and will be collectively referred to herein as the ABRIM TILMON CATALOG. THE PARTIES 7. Plaintiff Janyce Tilmon-Jones (Mrs. Tilmon) is an individual resident of the
state of Michigan who resides within this judicial district. Mrs. Tilmon is the widow and lawful heir of Abrim Tilmon. 8. Plaintiff Catherine M. Cartwright (Mrs. Cartwright) is an individual resident of
the state of Michigan who resides within this judicial district. Mrs. Cartwright is the daughter and lawful heir of Abrim Tilmon. 9. Plaintiff Steven M. Tilmon (Mr. Tilmon) is an individual resident of the state of
Indiana. Mr. Tilmon is the son and lawful heir of Abrim Tilmon. 10. Plaintiff Global Royalty Network & Publishing, Ltd (Global Royalty) is a
company organized under the laws of Gibraltar having an address at Suite 4, 10th Floor (Box 516), 2a Main Street in Gibraltar, Gibraltar. Global Royalty engages in, among other things, the business of music publishing and otherwise commercially exploiting musical work and sound recording copyrights, including certain copyrights in and to musical works authored by Abrim Tilmon. 11. Upon information and belief, Defendant Bridgeport Music, Inc. (Bridgeport
Music) is a corporation incorporated under the laws of the state of Michigan having an address at 18500 W. Ten Mile Road in Southfield, Michigan 48075. Upon information and belief,
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Bridgeport Music engages in, among other things, the business of music publishing and otherwise commercially exploiting musical work copyrights. 12. Upon information and belief, Defendant Southfield Music, Inc. (Southfield
Music) is a corporation incorporated under the laws of the state of Michigan having an address at 18500 W. Ten Mile Road in Southfield, Michigan 48075. Upon information and belief, Southfield Music engages in, among other things, the business of music publishing and otherwise commercially exploiting musical work copyrights. 13. Upon information and belief, Defendant Westbound Records, Inc. (Westbound
Records) is a corporation incorporated under the laws of the state of Michigan having an address at 18500 W. Ten Mile Road in Southfield, Michigan 48075. Upon information and belief, Westbound Records engages in, among other things, the business of recording, distributing, and otherwise commercially exploiting sound recordings. 14. Upon information and belief Defendant Nine Records, Inc. (Nine Records) is a
corporation incorporated under the laws of the state of Michigan having an address at 18500 W. Ten Mile Road in Southfield, Michigan 48075. Upon information and belief, Nine Records engages in, among other things, the business of recording, distributing, and otherwise commercially exploiting sound recordings. 15. Upon information and belief, Defendant Sync2Picture, LLC (Sync2Picture) is a
limited liability company organized under the laws of the state of Michigan having an address at 1525 E. Nine Mile Road in Ferndale, Michigan 48220. Upon information and belief,
Sync2Picture engages in, among other things, the business of recording, distributing, and otherwise commercially exploiting sound recordings.
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16.
Upon information and belief, Defendant Armen Boladian (Mr. Boladian) is the
president and resident agent of Bridgeport Music, Southfield Music, Westbound Records, and Nine Records as well as an individual resident of the state of Michigan who resides within this judicial district. JURISDICTION AND VENUE 17. This Court has jurisdiction over this case under the Declaratory Judgment Act, 28
U.S.C. 2201 et seq., the U.S. Copyright Act, 17 U.S.C. 101 et seq. as well as 28 U.S.C. 1331, 28 U.S.C. 1338(a) and (b), and the doctrine of supplemental jurisdiction, 28 U.S.C. 1367. 18. Venue is proper in this case under 28 U.S.C. 1391(b) and (c) as well as 28
U.S.C. 1400(a). 19. This Court has personal jurisdiction over Defendants, in that the acts of
infringement complained of herein have occurred in this judicial district. Further, Defendants are incorporated under the laws of the state of Michigan, regularly conduct business in this judicial district, have a principal place of business in this judicial district, and have caused injury to Plaintiffs property which lies in this judicial district. FACTUAL BACKGROUND 20. On July 6, 1982, Abrim Tilmon passed away at his home in Southfield, Michigan
at the age of thirty-seven, leaving lawful heirs consisting of Mrs. Tilmon and their two children, Mrs. Cartwright and Mr. Tilmon, who are all heirs of the Estate of Abrim Tilmon and are collectively referred to herein as the same. A copy of Abrim Tilmons State of Michigan Certificate of Death is attached hereto as Exhibit 2.
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21.
Prior to his passing, as mentioned above, Abrim Tilmon was a prolific songwriter,
recording artist, and producer, commonly associated with the musical genres of funk and soul. More particularly, Abrim Tilmon is perhaps most famously known for his work as a founding member and lead singer for the musical group, more commonly known as the Detroit Emeralds. Additionally, and significantly, Abrim Tilmon wrote, at least in part, the majority of songs of which the Detroit Emeralds performed. Among other recording companies, labels, and publishers in the relevant music industry, Abrim Tilmon was an active songwriter, recording artist, and producer for at least Defendant Bridgeport Music, Defendant Southfield Music, and Defendant Westbound Records, all three of which were and, to-date, are owned by Defendant Armen Boladian. 22. More particularly, Abrim Tilmon, as a songwriter, and Defendant Bridgeport
Music and Defendant Southfield Music, as publishers, entered into various Songwriters Agreements relating to numerous musical works composed, at least in part, by Abrim Tilmon. A representative sample of the aforementioned Songwriters Agreements are attached hereto as Exhibit 3. In accordance with such Songwriters Agreements, Defendant Bridgeport Music and Defendant Southfield Music registered certain musical works authored, at least in part, by Abrim Tilmon with the U.S. Copyright Office. 23. Thereafter, on March 31, 1976, Abrim Tilmon entered into a separate agreement
with Bridgeport Music wherein Abrim Tilmon, as the songwriter of numerous musical works that are enumerated in the schedule to the Agreement, assigned his interest in and to such compositions to Bridgeport Music for the sum of $4,000.00. A copy of the March 31, 1976 Agreement is shown hereto as Exhibit 4.
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24.
On December 17, 1980, Abrim Tilmon entered into an additional agreement with
Bridgeport Music wherein Abrim Tilmon, as the songwriter of numerous musical works that are enumerated in the schedule to the Agreement, assigned his interest in and to such compositions to Bridgeport Music for the sum of $1,500.00. A copy of the December 17, 1980 Agreement is shown hereto as Exhibit 5. 25. Thereafter, on July 6, 1982, Abrim Tilmon passed away at the age of 37 in Defendant Mr. Boladian personally attended the funeral service for
Southfield, Michigan.
Abrim Tilmon that was held on July 14, 1982. In short, there is no doubt that Defendants had actual knowledge of Abrim Tilmons passing. 26. As set forth previously, Plaintiffs bring this lawsuit seeking a declaration of
ownership of the quintessential musical works authored by Abrim Tilmon and the recovery of the substantial damages that Plaintiffs have suffered at Defendants hands. 27. Each of the musical works complained of herein were first registered with U.S.
Copyright Office by Bridgeport Music or Southfield Music prior to January 1, 1978 under the then-existing provisions of the Copyright Act of 1909 (1909 Act). 28. The 1909 Act has been superseded and amended by the Copyright Act of 1976
(Copyright Act), which provides that the copyright to any work copyrighted prior to January 1, 1978, endures until December 31 of the twenty-eighth year from the date that the copyright was originally secured. 29. Once the twenty-eight year copyright period has expired, the copyright will be
renewed for a term of sixty-seven years either by registration or, in the absence of registration, automatically.
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30.
If the author is deceased at the time of renewal but is survived by a spouse and/or
children, the renewal copyright automatically vests in the surviving spouse and/or children. 31. Each of the musical works complained of herein entered their renewal term well
subsequent to Abrim Tilmons passing on July 6, 1982. 32. Therefore, each of the musical works complained of herein automatically vested
in the Estate of Abrim Tilmon as of the commencement of the renewal period of such musical works. 33. Notwithstanding, Defendants unlawfully, falsely, and fraudulently claimed and
continue to claim ownership to the renewal term of the musical works complained of herein by, among other things, renewing each of the musical works complained of herein with the U.S. Copyright Office. Defendants fraudulent and unlawful conduct can only be exemplified by listing each musical work individually in this complaint. 34. Upon information and belief, Defendants have no right, by contract, or otherwise,
to the renewed copyrights, or revenues derived from the exploitation of the renewed copyrights, pertaining to the musical works complained of herein. 35. Upon information and belief, Defendants, as a result of their unlawful and
fraudulent conduct, have obtained certain monetary and non-monetary benefits, from their unlawful exploitation of the musical works complained of herein. 36. Upon information and belief, Defendants, as a result of their unlawful and
fraudulent conduct, have asserted rights in and to the musical works complained of herein against third parties. Upon information and belief, Defendants have derived certain monetary and non-monetary benefits from the assertion of such rights against various third parties including, but not limited to, pre-litigation and litigation settlements as well as court-ordered
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judgments. Indeed, on May 4, 2001, it is these very same Defendants that launched nearly 500 counts of copyright infringement against more than 800 artists and labels in the landmark lawsuit brought in the United States District Court for the Middle District of Tennessee. Unbeknownst to the Defendants and the Court there, Defendants brought the lawsuit with many works, including at least two (2) of Abrim Tilmon, that had reverted, as a matter of law, to the authors statutory heirs. 37. The Plaintiffs have acted, throughout all relevant time periods, in good faith and
without deceptive intent to investigate and address this matter and only became aware of this infringing, unlawful, and fraudulent activity by the Defendants on October 14, 2009 based upon a physical and in-person search of copyright filings literally in the basement of the U.S. Copyright Office located on Independence Avenue in Washington, DC. THE MUSICAL WORKS 38. While Plaintiff and her counsel have expended an extraordinary amount of
resources to identify and substantiate each and every musical work authored at least in part by Abrim Tilmon with U.S. Copyright Office Records, this complaint pertains to each and every musical work that Defendants have unlawfully, falsely, and fraudulently claimed an ownership in. A complete listing of the musical works to which this action pertains is attached hereto as Exhibit 1 and will be collectively referred to herein as the ABRIM TILMON CATALOG. With this said, below is a listing of musical works that Plaintiff and her counsel have been able to identify and substantiate utilizing U.S. Copyright Office records. ADMIT YOUR LOVE IS GONE 39. The ADMIT YOUR LOVE IS GONE musical work was authored by Abrim
Tilmon, Sam Beatty, and Tom Graczyk and first published in 1971.
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40.
On July 1, 1971, Bridgeport Music, as the copyright claimant, or its agents, filed a
copyright application for the ADMIT YOUR LOVE IS GONE musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 268849 at Exhibit 6 hereto. 41. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the ADMIT YOUR LOVE IS GONE musical work automatically vested in the Estate of Abrim Tilmon. 42. Notwithstanding, on January 1, 1999, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Abrim Tilmon for the ADMIT YOUR LOVE IS GONE musical work with the U.S. Copyright Office. This renewal application was granted on January 4, 1999, and issued as RE 814-542 at Exhibit 7 hereto. 43. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the duly authorized agent of Abrim Tilmon and that Abrim Tilmon maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though Mr. Tilmon had been deceased since July 6, 1982, and has been continuously interred in the state of Michigan since shortly after his death. BABY LET ME TAKE YOU (IN MY ARMS) 44. The BABY LET ME TAKE YOU (IN MY ARMS) musical work was authored
by Abrim Tilmon and first published in 1972. 45. On March 20, 1972, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the BABY LET ME TAKE YOU (IN MY ARMS) musical work
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with the U.S. Copyright Office. This copyright application was granted and issued as EU 322969 at Exhibit 8 hereto. 46. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the BABY LET ME TAKE YOU (IN MY ARMS) musical work automatically vested in the Estate of Abrim Tilmon. 47. Notwithstanding, on February 13, 2004, Bridgeport Music, or its agents,
unilaterally, and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Mrs. Tilmon for the BABY LET ME TAKE YOU (IN MY ARMS) musical work with the U.S. Copyright Office. This renewal application was granted on February 18, 2004 and issued as RE 898-053 at Exhibit 9 hereto. 48. Most notably, Bridgeport Music represented to the U.S. Copyright Office that it
was the duly authorized agent of Mrs. Tilmon and that Mrs. Tilmon maintained an address at 29 Church Street, Suite 3, Burlington, VT 05401 even though no such agency relationship ever existed and Mrs. Tilmon has never resided or otherwise maintained a residential address at any location in the state of Vermont. 49. Further, on March 6, 1998, Bridgeport Music, or its agents, filed an additional and
separate copyright application for the BABY LET ME TAKE YOU (IN MY ARMS) musical work with the U.S. Copyright Office that dubiously claims to be a new version and arrangement. The application lists Abrim Tilmon as the author of the words and music and Bridgeport Music as the author of the arrangement. Further, the application recites January 1, 1978 as the date of first publication. This application was granted on March 11, 1998 and issued as PA 1-322-687 at Exhibit 10 hereto.
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50.
Upon information and belief, Bridgeport Music, or its agents, calculatedly
provided a false date of first publication to the U.S. Copyright Office for the musical work embodied in the PA 1-322-687 registration at Exhibit 10. 51. Upon information and belief, Bridgeport Music, or its agents, calculatedly elected
to leave section 2a of the PA 1-322-687 registration at Exhibit 10 blank, which explicitly requests Abrim Tilmons year of death. 52. Still further, on June 29, 1999, Bridgeport Music, or its agents, filed yet another
additional and separate copyright application for the BABY LET ME TAKE YOU (IN MY ARMS) musical work with the U.S. Copyright Office. The application lists Abrim Tilmon as the author of the words, music, and arrangement and recites January 1, 1978 as the date of first publication. The application was granted on June 30, 1999 and issued as PA 1-031-216 at
Exhibit 11 hereto. 53. Upon information and belief, Bridgeport Music, or its agents, calculatedly
to leave section 2a of the PA 1-031-216 registration at Exhibit 11 blank, which explicitly requests Abrim Tilmons year of death. DO ME RIGHT 55. The DO ME RIGHT musical work was authored by Abrim Tilmon and James
Mitchell and first published in 1971.
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56.
On May 28, 1971, Bridgeport Music, as the copyright claimant, or its agents, filed
a copyright application for the DO ME RIGHT musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU255827 at Exhibit 12 hereto. 57. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the DO ME RIGHT musical work automatically vested in the Estate of Abrim Tilmon. 58. Notwithstanding, on January 1, 1999, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Abrim Tilmon for the DO ME RIGHT musical work with the U.S. Copyright Office. This renewal application was granted on January 4, 1999 and issued as RE 814-514 at Exhibit 13 hereto. 59. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the duly authorized agent of Abrim Tilmon and that Abrim Tilmon maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state of Michigan since shortly after his death. 60. Further, on March 6, 1998, Bridgeport Music, or its agents, filed an additional and
separate copyright application for the DO ME RIGHT musical work with the U.S. Copyright Office that dubiously claims to be a new version and arrangement. The application lists Abrim Tilmon and James Mitchell as the author of the words and music and Bridgeport Music as the author of the arrangement. Further, the application recites January 1, 1978 as the date of first publication. The application was granted on March 11, 1998 and issued as PA 1-322-670 at
Exhibit 14 hereto.
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61.
Upon information and belief, Bridgeport Music, or its agents, calculatedly
to leave section 2a of the PA 1-322-670 registration at Exhibit 14 blank, which explicitly requests Abrim Tilmons year of death. FEEL THE NEED a/k/a FEEL THE NEED IN ME 63. The FEEL THE NEED a/k/a FEEL THE NEED IN ME (FEEL THE NEED)
musical work was authored by Abrim Tilmon and first published in 1972. 64. On January 28, 1972, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the FEEL THE NEED musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU306693 at Exhibit 15 hereto. 65. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the FEEL THE NEED musical work automatically vested in the Estate of Abrim Tilmon. 66. Notwithstanding, on February 13, 2004, Bridgeport Music, or its agents,
unilaterally, and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Abrim Tilmon for the FEEL THE NEED musical work with the U.S. Copyright Office. This renewal application was granted on February 18, 2004 and issued as RE 896-046 at Exhibit 16 hereto. 67. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the duly authorized agent of Mrs. Tilmon and that Mrs. Tilmon maintained an address at 29 Church Street, Suite 3, Burlington, VT 05401 even though no such agency
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relationship ever existed and Mrs. Tilmon has never resided or otherwise maintained a residential address at any location in the state of Vermont. 68. Further, on March 6, 1998, Bridgeport Music, or its agents, filed an additional and
separate copyright application for the FEEL THE NEED musical work with the U.S. Copyright Office that dubiously claims to be a new version and arrangement. The application lists Abrim Tilmon as the author of the words and music and Bridgeport Music as the author of the arrangement. Further, the application recites January 1, 1978 as the date of first publication. The application was granted on March 11, 1998 and issued as PA 1-322-689 at Exhibit 17 hereto. 69. Upon information and belief, Bridgeport Music, or its agents, calculatedly
to leave section 2a of the PA 1-322-689 registration at Exhibit 17 blank, which explicitly requests Abrim Tilmons year of death. 71. Still further, on June 28, 1999, Bridgeport Music, or its agents, filed yet another
additional and separate copyright application for the FEEL THE NEED musical work with the U.S. Copyright Office. The application lists Abrim Tilmon as the author of the words, music, and arrangement and recites January 1, 1978 as the date of first publication. was granted on June 29, 1999 and issued as PA 964-956 at Exhibit 18 hereto. 72. Upon information and belief, Bridgeport Music, or its agents, calculatedly The application
provided a false date of first publication to the U.S. Copyright Office for the musical work embodied in the PA 964-956 registration at Exhibit 18.
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73.
Upon information and belief, Bridgeport Music, or its agents, calculatedly elected
to leave section 2a of the PA 964-956 registration at Exhibit 18 blank, which explicitly requests Abrim Tilmons year of death. 74. On September 14, 2006 Mrs. Tilmon instituted an action against Bridgeport
Music and Mr. Boladian in the United States District Court, for the Eastern District of Michigan that came to be styled as Tilmon-Jones v. Boladian et al., Civil Action No. 5:06-cv-14048 (District Court Action) based upon certain legal and royalty issues involving two (2) discrete musical works, including FEEL THE NEED. 75. On September 6, 2007, the District Court there entered a Consent Order of
Settlement wherein it was ordered and adjudged that the Estate of Abrim Tilmon shall receive 100% of the copyright of the musical composition FEEL THE NEED as embodied in RE 896046 at Exhibit 16 hereto. A copy of the Consent Order of Settlement that resolved the District Court Action is attached hereto as Exhibit 19. 76. Upon information and belief, Bridgeport Music and Mr. Boladian failed to
disclose the PA 1-322-689 registration at Exhibit 17 and the PA 964-956 registration at Exhibit 18 in the District Court Action. Plaintiffs undersigned counsel has attempted on numerous occasions to have Defendants assign the PA registrations at Exhibit 17 and Exhibit 18 for FEEL THE NEED without judicial intervention. Defendants have refused to do so each time. 77. Moreover, despite the Consent Order of Settlement, have continued to
commercially exploit the FEEL THE NEED musical work. Indeed, as shown hereto at Exhibit 20, Defendants have released, sold, and continue to offer for sale a compilation compact disc entitled The Original Eight Mile Westbound Records: 40th Anniversary, which explicitly lists
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FEEL THE NEED as track five. Upon information and belief, Defendants have commercially exploited FEEL THE NEED in other manners besides in the above-described compact disc. GIRL YOU THRILL ME 78. The GIRL YOU THRILL ME musical work was authored by Abrim Tilmon and
first published in 1974. 79. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the GIRL YOU THRILL ME musical work automatically vested in the Estate of Abrim Tilmon. 80. Notwithstanding, on October 15, 1992, Bridgeport Music, or its agents, filed a
copyright application for the GIRL YOU THRILL ME musical work with the U.S. Copyright Office. The application lists Abrim Tilmon as the author of the words, music, and arrangement and J. Allen as an additional author of the arrangement. Further, the application recites January 1, 1978 as the date of first publication. This application was granted on November 17, 1992 and issued as PA 592-594 at Exhibit 21 hereto 81. Upon information and belief, Bridgeport Music, or its agents, calculatedly
provided a false date of first publication to the U.S. Copyright Office for the musical work embodied in the PA 592-594 registration at Exhibit 21. 82. Upon information and belief, Bridgeport Music, or its agents, calculatedly elected
to leave section 2a of the PA 592-594 registration at Exhibit 21 blank, which explicitly requests Abrim Tilmons year of death. HEAVEN COULDNT BE LIKE THIS 83. The HEAVEN COULDNT BE LIKE THIS musical work was authored by
Abrim Tilmon and first published in 1973.
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84.
On September 27, 1973, Bridgeport Music, as the copyright claimant, or its
agents, filed a copyright application for the HEAVEN COULDNT BE LIKE THIS musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 436120 at Exhibit 22 hereto. 85. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the HEAVEN COULDNT BE LIKE THIS musical work automatically vested in the Estate of Abrim Tilmon. 86. Notwithstanding, on January 1, 2001, Defendant Bridgeport Music, or its agents,
unilaterally, and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Abrim Tilmon for the HEAVEN COULDNT BE LIKE THIS musical work with the U.S. Copyright Office. This renewal application was granted on January 2, 2001 and issued as RE 836-629 at Exhibit 23 hereto. 87. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
separate copyright application for the HEAVEN COULDNT BE LIKE THIS musical work with the U.S. Copyright Office that dubiously claims to be a new version, new arrangement. The application lists Abrim Tilmon as the author of the words and music and Bridgeport Music as the author of the arrangement. Further, the application recites January 1, 1978 as the date of first
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publication. This application was granted on March 11, 1998 and issued as PA 1-322-675 at Exhibit 24 hereto. 89. Upon information and belief, Bridgeport Music, or its agents, calculatedly
to leave section 2a of the PA 1-322-675 registration at Exhibit 24 blank, which explicitly requests Abrim Tilmons year of death. I BET YOU GET THE ONE (WHO LOVES YOU) 91. The I BET YOU GET THE ONE (WHO LOVES YOU) musical work was
authored by Abrim Tilmon and James Mitchell and first published in 1972. 92. On November 23, 1970, Bridgeport Music, as the copyright claimant, or its
agents, filed a copyright application for the I BET YOU GET THE ONE (WHO LOVES YOU) musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 219737 at Exhibit 25 hereto. 93. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the I BET YOU GET THE ONE (WHO LOVES YOU) musical work automatically vested in the Estate of Abrim Tilmon. 94. Notwithstanding, on February 13, 2004 Bridgeport Music, or its agents,
unilaterally, and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Mrs. Tilmon for the I BET YOU GET THE ONE (WHO LOVES YOU) musical work with the U.S. Copyright Office. This renewal application was granted on February 18, 2004 and issued as RE 898-042 at Exhibit 26 hereto.
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95.
Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the duly authorized agent of Mrs. Tilmon and that Mrs. Tilmon maintained an address at 29 Church Street, Suite 3, Burlington, VT 05401 even though no such agency relationship ever existed and Mrs. Tilmon has never resided or otherwise maintained a residential address at any location in the state of Vermont. 96. Further, on March 6, 1998, Bridgeport Music, or its agents, filed an additional and
separate copyright application for the I BET YOU GET THE ONE (WHO LOVES YOU) musical work with the U.S. Copyright Office that dubiously claims to be a new version and arrangement. The application lists Abrim Tilmon and James Mitchell as the author of the words and music and Bridgeport Music as the author of the arrangement. Further, the application recites January 1, 1978 as the date of first publication. This application was granted on March 11, 1998 and issued as PA 1-322-686 at Exhibit 27 hereto. 97. Upon information and belief, Bridgeport Music, or its agents, calculatedly
to leave section 2a of the PA 1-322-687 registration at Exhibit 27 blank, which explicitly requests Abrim Tilmons year of death. I GAVE YOU TOO MUCH LOVE 99. The I GAVE YOU TOO MUCH LOVE musical work was authored by Abrim
Tilmon and first published in 1973. 100. On September 27, 1973, Bridgeport Music, as the copyright claimant, or its
agents, filed a copyright application for the I GAVE YOU TOO MUCH LOVE musical work
21
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with the U.S. Copyright Office. This copyright application was granted and issued as EU 436119 at Exhibit 28 hereto. 101. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the I GAVE YOU TOO MUCH LOVE musical work automatically vested in the Estate of Abrim Tilmon. 102. Notwithstanding, on January 1, 2001, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Abrim Tilmon for the I GAVE YOU TOO MUCH LOVE musical work with the U.S. Copyright Office. This renewal application was granted on January 2, 2001 and issued as RE 836-628 at Exhibit 29 hereto. 103. Most notably, Bridgeport Music represented to the U.S. Copyright Office that it
was the duly authorized agent of Abrim Tilmon and that Abrim Tilmon maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state of Michigan since shortly after his death. I LOVE TO DREAM 104. The I LOVE TO DREAM musical work was authored by Abrim Tilmon and first
published in 1974. 105. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the I LOVE TO DREAM musical work automatically vested in the Estate of Abrim Tilmon. 106. Notwithstanding, on October 16, 1992, Bridgeport Music, or its agents, filed a
copyright application for the I LOVE TO DREAM musical work with the U.S. Copyright Office.
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The application lists Abrim Tilmon as the author of the words, music, and arrangement and J. Allen as an additional author of the arrangement. Further, the application recites January 1, 1978 as the date of first publication. This application was granted on November 17, 1992 and issued as PA 592-593 at Exhibit 30 hereto 107. Upon information and belief, Bridgeport Music, or its agents, calculatedly
to leave section 2a of the PA 592-593 registration at Exhibit 30 blank, which explicitly requests Abrim Tilmons year of death. I THINK OF YOU 109. The I THINK OF YOU musical work was authored by Abrim Tilmon and first
published in 1973. 110. On October 3, 1973, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the I THINK OF YOU musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 437667 at Exhibit 31 hereto. 111. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the I THINK OF YOU musical work automatically vested in the Estate of Abrim Tilmon. 112. Notwithstanding, on January 1, 2001, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Abrim Tilmon for the I THINK OF YOU musical work with the U.S.
23
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Copyright Office. This renewal application was granted on January 2, 2001 and issued as RE 836-636 at Exhibit 32 hereto. 113. Most notably, Bridgeport Music represented to the U.S. Copyright Office that it
was the duly authorized agent of Abrim Tilmon and that Abrim Tilmon maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state of Michigan since shortly after his death. 114. Further, on March 6, 1998, Bridgeport Music, or its agents, filed an additional and
separate copyright application for the I THINK OF YOU musical work with the U.S. Copyright Office that dubiously claims to be a new version and arrangement. The application lists Abrim Tilmon as the author of the words and music and Bridgeport Music as the author of the arrangement. Further, the application recites January 1, 1978 as the date of first publication. This application was granted on March 11, 1998 and issued as PA 1-322-674 at Exhibit 33 hereto. 115. Upon information and belief, Bridgeport Music, or its agents, calculatedly
to leave section 2a of the PA 1-322-674 registration at Exhibit 33 blank, which explicitly requests Abrim Tilmons year of death. ILL NEVER SAIL THE SEA AGAIN 117. The ILL NEVER SAIL THE SEA AGAIN musical work was authored by Abrim
Tilmon and first published in 1972.
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118.
On March 20, 1972, Bridgeport Music, as the copyright claimant, or its agents
filed a copyright application for the ILL NEVER SAIL THE SEA AGAIN musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 322968 at Exhibit 34 hereto. 119. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the ILL NEVER SAIL THE SEA AGAIN musical work automatically vested in the Estate of Abrim Tilmon. 120. Notwithstanding, on February 13, 2004 Bridgeport Music, or its agents,
unilaterally, and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Mrs. Tilmon for the ILL NEVER SAIL THE SEA AGAIN musical work with the U.S. Copyright Office. This renewal application was granted on February 18, 2004 and issued as RE 898-052 at Exhibit 35 hereto. 121. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
separate copyright application for the ILL NEVER SAIL THE SEA AGAIN musical work with the U.S. Copyright Office that dubiously claims to be a new version and arrangement. The application lists Abrim Tilmon as the author of the words and music and Bridgeport Music as the author of the arrangement. Further, the application recites January 1, 1978 as the date of first
25
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publication. This application was granted on March 11, 1998 and issued as PA 1-322-669 at Exhibit 36 hereto. 123. Upon information and belief, Bridgeport Music, or its agents, calculatedly
to leave section 2a of the PA 1-322-669 registration at Exhibit 36 blank, which explicitly requests Abrim Tilmons year of death. IM IN LOVE WITH YOU 125. The IM IN LOVE WITH YOU musical work was authored by Abrim Tilmon
and first published in 1973. 126. On October 3, 1973, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the IM IN LOVE WITH YOU musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 437669 at Exhibit 37 hereto. 127. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the IM IN LOVE WITH YOU musical work automatically vested in the Estate of Abrim Tilmon. 128. Notwithstanding, on January 1, 2001, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Abrim Tilmon for the IM IN LOVE WITH YOU musical work with the U.S. Copyright Office. This renewal application was granted on January 2, 2001 and issued as RE 836-638 at Exhibit 38 hereto.
26
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129.
Office that it was the duly authorized agent of Abrim Tilmon and that Abrim Tilmon maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state of Michigan since shortly after his death. IM QUALIFIED 130. The IM QUALIFIED musical work was authored by Abrim Tilmon and first
published in 1974. 131. On September 30, 1974, Bridgeport Music, as the copyright claimant, or its
agents, filed a copyright application for the IM QUALIFIED musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 522504 at Exhibit 39 hereto. 132. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the IM QUALIFIED musical work automatically vested in the Estate of Abrim Tilmon. 133. Notwithstanding, on February 13, 2004, Bridgeport Music, or its agents,
unilaterally, and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Mrs. Tilmon for the IM QUALIFIED musical work with the U.S. Copyright Office. This renewal application was granted on February 18, 2004 and issued as RE 898-078 at Exhibit 40 hereto. 134. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
27
2:11-cv-13002-BAF-MKM Doc # 1
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separate copyright application for the IM QUALIFIED musical work with the U.S. Copyright Office that dubiously claims to be a new version and arrangement. The application lists Abrim Tilmon as the author of the words and music and Bridgeport Music as the author of the arrangement. Further, the application recites January 1, 1978 as the date of first publication. This application was granted on March 11, 1998 and issued as PA 1-322-684 at Exhibit 41 hereto. 136. Upon information and belief, Bridgeport Music, or its agents, calculatedly
to leave section 2a of the PA 1-322-684 registration at Exhibit 41 blank, which explicitly requests Abrim Tilmons year of death. IM WISHING 138. The IM WISHING musical work was authored by Abrim Tilmon and first
published in 1972. 139. On January 28, 1972, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the IM WISHING musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 306694 at Exhibit 42 hereto.
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140.
Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the IM WISHING musical work automatically vested in the Estate of Abrim Tilmon. 141. Notwithstanding, on February 13, 2004 Bridgeport Music, or its agents,
unilaterally, and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Mrs. Tilmon for the IM WISHING musical work with the U.S. Copyright Office. This renewal application was granted on February 18, 2004 and issued as RE 898-047 at Exhibit 43 hereto. 142. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the duly authorized agent of Mrs. Tilmon and that Mrs. Tilmon maintained an address at 29 Church Street, Suite 3, Burlington, VT 05401 even though no such agency relationship ever existed and Mrs. Tilmon has never resided or otherwise maintained a residential address at any location in the state of Vermont. IVE GOT TO MOVE 143. The IVE GOT TO MOVE musical work was authored by Abrim Tilmon and first
filed a copyright application for the IVE GOT TO MOVE musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 284772 at Exhibit 44 hereto. 145. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the IVE GOT TO MOVE musical work automatically vested in the Estate of Abrim Tilmon.
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146.
Notwithstanding, on January 1, 1999, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Abrim Tilmon for the IVE GOT TO MOVE musical work with the U.S. Copyright Office. This renewal application was granted on January 4, 1999 and issued as RE 814-601 at Exhibit 45 hereto. 147. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the duly authorized agent of Abrim Tilmon and that Abrim Tilmon maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state of Michigan since shortly after his death. IF I LOSE YOUR LOVE 148. The IF I LOSE YOUR LOVE musical work was authored by Abrim Tilmon and
James Mitchell and first published in 1971. 149. On February 16, 1971, Defendant Bridgeport Music, as the copyright claimant, or
its agents, filed a copyright application for the IF I LOSE YOUR LOVE musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 232637 at Exhibit 46 hereto. 150. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the IF I LOSE YOUR LOVE musical work automatically vested in the Estate of Abrim Tilmon. 151. Notwithstanding, on January 1, 1999, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Abrim Tilmon for the IF I LOSE YOUR LOVE musical work with
30
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the U.S. Copyright Office. This renewal application was granted on January 4, 1999 and issued as RE 814-505 at Exhibit 47 hereto. 152. Most notably, Bridgeport Music, or its agents represented to the U.S. Copyright
separate copyright application for the IF I LOSE YOUR LOVE musical work with the U.S. Copyright Office that dubiously claims to be a new version, new arrangement. The application lists Abrim Tilmon and James Mitchell as the authors of the words and music and Bridgeport Music as the author of the arrangement. Further, the application recites January 1, 1978 as the date of first publication. This application was granted on March 11, 1998 and issued as PA 1322-682 at Exhibit 48 hereto. 154. Upon information and belief, Bridgeport Music, or its agents, calculatedly
to leave section 2a of the PA 1-322-682 registration at Exhibit 48 blank, which explicitly requests Abrim Tilmons year of death. JUST NOW AND THEN 156. The JUST NOW AND THEN musical work was authored by Abrim Tilmon and
first published in 1971.
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157.
On February 16, 1971, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the JUST NOW AND THEN musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 232632 at Exhibit 49 hereto. 158. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the JUST NOW AND THEN musical work automatically vested in the Estate of Abrim Tilmon. 159. Notwithstanding, on January 1, 1999, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Abrim Tilmon for the JUST NOW AND THEN musical work with the U.S. Copyright Office. This renewal application was granted on January 4, 1999 and issued as RE 814-501 at Exhibit 50 hereto. 160. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the duly authorized agent of Abrim Tilmon and that Abrim Tilmon maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state of Michigan since shortly after his death. LEE 161. The LEE musical work was authored by Abrim Tilmon, Sam Beatty, and Tom
Graczyk and first published in 1971 162. On July 1, 1971, Bridgeport Music, as the copyright claimant, or its agents, filed a
copyright application for the LEE musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 268847 at Exhibit 51 hereto.
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163.
Abrim Tilmons authorship of the LEE musical work automatically vested in the Estate of Abrim Tilmon. 164. Notwithstanding, on January 1, 1999, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Abrim Tilmon for the LEE musical work with the U.S. Copyright Office. This renewal application was granted on January 4, 1999 and issued as RE 814-540 at Exhibit 52 hereto. 165. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
separate copyright application for the LEE musical work with the U.S. Copyright Office that dubiously claims to be a new version and arrangement. The application lists Abrim Tilmon, Sam Beatty, and Tom Graczyk as the authors of the words and music and Bridgeport Music as the author of the arrangement. Further, the application recites January 1, 1978 as the date of first publication. This application was granted on March 11, 1998 and issued as PA 1-322-681 at Exhibit 53 hereto. 167. Upon information and belief, Bridgeport Music, or its agents, calculatedly
provided a false date of first publication to the U.S. Copyright Office for the musical work embodied in the PA 1-322-681 registration at Exhibit 53.
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168.
to leave section 2a of the PA 1-322-681 registration at Exhibit 53 blank, which explicitly requests Abrim Tilmons year of death. LOOK WHATS HAPPENED TO OUR LOVE 169. The LOOK WHATS HAPPENED TO OUR LOVE musical work was authored
by Abrim Tilmon and first published in 1977. 170. On May 2, 1977 Bridgeport Music, as the copyright claimant, or its agents, filed a
copyright application for the LOOK WHATS HAPPENED TO OUR LOVE musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 783603 at Exhibit 54 hereto. 171. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the LOOK WHATS HAPPENED TO OUR LOVE musical work automatically vested in the Estate of Abrim Tilmon. 172. Notwithstanding, upon information and belief, Defendants have continued to
commercially exploit the LOOK WHATS HAPPENED TO OUR LOVE musical work without any permission, license or consent from the Estate of Abrim Tilmon. LONG LIVE THE KING 173. The LONG LIVE THE KING musical work was authored by Abrim Tilmon, Sam
Beatty, and Tom Graczyk and first published in 1971. 174. On August 11, 1971, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the LONG LIVE THE KING musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 270671 at Exhibit 55 hereto.
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175.
Abrim Tilmons authorship of the LONG LIVE THE KING musical work automatically vested in the Estate of Abrim Tilmon. 176. Notwithstanding, on January 1, 1999, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Abrim Tilmon for the LONG LIVE THE KING musical work with the U.S. Copyright Office. This renewal application was granted on January 4, 1999 and issued as RE 814-591 at Exhibit 56 hereto. 177. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
separate copyright application for the LONG LIVE THE KING musical work with the U.S. Copyright Office that dubiously claims to be a new version, new arrangement. The application lists Abrim Tilmon, Sam Beatty, and Tom Graczyk as the author of the words and music and Bridgeport Music as the author of the arrangement. Further, the application recites January 1, 1978 as the date of first publication. This application was granted on March 11, 1998 and issued as PA 1-322-685 at Exhibit 57 hereto. 179. Upon information and belief, Bridgeport Music, or its agents, calculatedly
35
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180.
to leave section 2a of the PA 1-322-685 registration at Exhibit 57 blank, which explicitly requests Abrim Tilmons year of death. LOVE FOR YOU 181. The LOVE FOR YOU musical work was authored by Abrim Tilmon and first
published in 1977. 182. On May 2, 1977, Bridgeport Music, as the copyright claimant, or its agents, filed
a copyright application for the LOVE FOR YOU musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 783602 at Exhibit 58 hereto. 183. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the LOVE FOR YOU musical work automatically vested in the Estate of Abrim Tilmon. 184. Notwithstanding, upon information and belief, Defendants have continued to
commercially exploit the LOVE FOR YOU musical work without any permission, license or consent from the Estate of Abrim Tilmon. LOVE HAS COME TO ME 185. The LOVE HAS COME TO ME musical work was authored by Abrim Tilmon
and first published in 1977. 186. On May 2, 1977 Bridgeport Music, as the copyright claimant, or its agents, filed a
copyright application for the LOVE HAS COME TO ME musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 783605 at Exhibit 59 hereto.
36
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187.
Abrim Tilmons authorship of the LOVE HAS COME TO ME musical work automatically vested in the Estate of Abrim Tilmon. 188. Notwithstanding, upon information and belief, Defendants have continued to
commercially exploit the LOVE HAS COME TO ME musical work without any permission, license or consent from the Estate of Abrim Tilmon. LOVE, LOVE, LOVE 189. The LOVE, LOVE, LOVE, musical work was authored by Abrim Tilmon and
first published in 1973. 190. On October 17, 1973, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the LOVE, LOVE, LOVE musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 438645 at Exhibit 60 hereto. 191. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the LOVE, LOVE, LOVE musical work automatically vested in the Estate of Abrim Tilmon. 192. Notwithstanding, on January 1, 2001, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Abrim Tilmon for the LOVE, LOVE, LOVE musical work with the U.S. Copyright Office. This renewal application was granted on January 2, 2001 and issued as RE 836-647 at Exhibit 61 hereto. 193. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the duly authorized agent of Abrim Tilmon and that Abrim Tilmon maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though
37
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Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state of Michigan since shortly after his death. MY DREAMS HAVE GOT THE BEST OF ME 194. The MY DREAMS HAVE GOT THE BEST OF ME musical work was authored
by Abrim Tilmon and James Mitchell and first published in 1973. 195. On February 16, 1971 Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the MY DREAMS HAVE GOT THE BEST OF ME musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 232644 at Exhibit 62 hereto. 196. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the MY DREAMS HAVE GOT THE BEST OF ME musical work automatically vested in the Estate of Abrim Tilmon. 197. Notwithstanding, on January 1, 1999, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Abrim Tilmon for the MY DREAMS HAVE GOT THE BEST OF ME musical work with the U.S. Copyright Office. This renewal application was granted on January 4, 1999 and issued as RE 814-497 at Exhibit 63 hereto. 198. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the duly authorized agent of Abrim Tilmon and that Abrim Tilmon maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state of Michigan since shortly after his death.
38
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199.
Further, on March 6, 1998, Bridgeport Music, or its agents, filed an additional and
separate copyright application for the MY DREAMS HAVE GOT THE BEST OF ME musical work with the U.S. Copyright Office that dubiously claims to be a new version and arrangement. The application lists Abrim Tilmon as the author of the words and music and Bridgeport Music as the author of the arrangement. Further, the application recites January 1, 1978 as the date of first publication. This application was granted on March 11, 1998 and issued as PA 1-322-680 at Exhibit 64 hereto. 200. Upon information and belief, Bridgeport Music, or its agents, calculatedly
to leave section 2a of the PA 1-322-680 registration at Exhibit 64 blank, which explicitly requests Abrim Tilmons year of death. SET IT OUT 202. The SET IT OUT musical work was authored by Abrim Tilmon, B. Baine, and L.
Crane and first published in 1977. 203. On September 30, 1974 and December 18, 1974, Southfield Music, as the
copyright claimant, or its agents, filed 2 separate copyright applications for the SET IT OUT musical work with the U.S. Copyright Office. These copyright applications were granted and issued as EU 522495 and EU 543554, respectively, at Exhibit 65 hereto. 204. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the SET IT OUT musical work automatically vested in the Estate of Abrim Tilmon.
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205.
Notwithstanding, on February 13, 2004 Bridgeport Music, or its agents,
unilaterally, and without any permission, license or consent from the Estate of Abrim Tilmon filed 2 separate renewal applications in the name of Mrs. Tilmon for the SET IT OUT musical work with the U.S. Copyright Office. These renewal applications were granted on February 18, 2004 and issued as RE 898-069 and RE 898-088, respectively, at Exhibit 66 hereto. 206. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
separate copyright application for the SET IT OUT musical work with the U.S. Copyright Office that dubiously claims to be a new version and arrangement. The application lists Abrim Tilmon, Balda Baine, and Louis Crane as the authors of the words and music and Bridgeport Music as the author of the arrangement. Further, the application recites January 1, 1978 as the date of first publication. This application was granted on March 11, 1998 and issued as PA 1-322-672 at Exhibit 67 hereto. 208. Upon information and belief, Bridgeport Music, or its agents, calculatedly
to leave section 2a of the PA 1-322-672 registration at Exhibit 67 blank, which explicitly requests Abrim Tilmons year of death.
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SEXY WAYS 210. The SEXY WAYS musical work was authored by Abrim Tilmon and was first
published in 1977. 211. On May 2, 1977 Defendant Bridgeport Music, as the copyright claimant, or its
agents, filed a copyright application for the SEXY WAYS musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 783604 at Exhibit 68 hereto. 212. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the SEXY WAYS musical work automatically vested in the Estate of Abrim Tilmon. 213. Notwithstanding, upon information and belief, Defendants have continued to
commercially exploit the SEXY WAYS musical work without any permission, license or consent from the Estate of Abrim Tilmon. SHAKE YOUR HEAD 214. The SHAKE YOUR HEAD musical work was authored by Abrim Tilmon and
was first published in 1973. 215. On October 17, 1973, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the SHAKE YOUR HEAD musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 438642 at Exhibit 69 hereto. 216. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the SHAKE YOUR HEAD musical work automatically vested in the Estate of Abrim Tilmon.
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217.
unilaterally, and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Mrs. Tilmon for the SHAKE YOUR HEAD musical work with the U.S. Copyright Office. This renewal application was granted on February 18, 2004 and issued as RE 898-049 at Exhibit 70 hereto. 218. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the duly authorized agent of Mrs. Tilmon and that Mrs. Tilmon maintained an address at 29 Church Street, Suite 3, Burlington, VT 05401 even though no such agency relationship ever existed and Mrs. Tilmon has never resided or otherwise maintained a residential address at any location in the state of Vermont. SO LONG 219. The SO LONG musical work was authored by Abrim Tilmon and was first
filed a copyright application for the SO LONG musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 438640 at Exhibit 71 hereto. 221. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the SO LONG musical work automatically vested in the Estate of Abrim Tilmon. 222. Notwithstanding, on January 1, 2001, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Abrim Tilmon for the SO LONG musical work with the U.S.
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Copyright Office. This renewal application was granted on January 2, 2001 and issued as RE 836-645 at Exhibit 72 hereto. 223. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the duly authorized agent of Abrim Tilmon and that Abrim Tilmon maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state of Michigan since shortly after his death. TAKE IT OR LEAVE ME 224. The TAKE IT OR LEAVE ME musical work was authored by Abrim Tilmon and
was first published in 1977. 225. On May 2, 1977, Bridgeport Music, as the copyright claimant, or its agents, filed
a copyright application for the TAKE IT OR LEAVE ME musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 783600 at Exhibit 73 hereto. 226. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the TAKE IT OR LEAVE ME musical work automatically vested in the Estate of Abrim Tilmon. 227. Notwithstanding, upon information and belief, Defendants have continued to
commercially exploit the TAKE IT OR LEAVE ME musical work without any permission, license or consent from the Estate of Abrim Tilmon. TAKE MY LOVE 228. The TAKE MY LOVE musical work was authored by Abrim Tilmon and was
first published in 1972.
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229.
On March 20, 1972, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the TAKE MY LOVE musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 322966 at Exhibit 74 hereto. 230. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the TAKE MY LOVE musical work automatically vested in the Estate of Abrim Tilmon. 231. Notwithstanding, on February 13, 2004 Bridgeport Music, or its agents,
unilaterally, and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Mrs. Tilmon for the TAKE MY LOVE musical work with the U.S. Copyright Office. This renewal application was granted on February 18, 2004 and issued as RE 898-050 at Exhibit 75 hereto. 232. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the duly authorized agent of Mrs. Tilmon and that Mrs. Tilmon maintained an address at 29 Church Street, Suite 3, Burlington, VT 05401 even though no such agency relationship ever existed and Mrs. Tilmon has never resided or otherwise maintained a residential address at any location in the state of Vermont. THERES A LOVE FOR ME SOMEWHERE 233. The THERES A LOVE FOR ME SOMEWHERE musical work was authored by
Abrim Tilmon and was first published in 1972. 234. On March 20, 1972, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the THERES A LOVE FOR ME SOMEWHERE musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 322967 at Exhibit 76 hereto.
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235.
Abrim Tilmons authorship of the THERES A LOVE FOR ME SOMEWHERE musical work automatically vested in the Estate of Abrim Tilmon. 236. Notwithstanding, on February 13, 2004, Bridgeport Music, or its agents,
unilaterally, and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Mrs. Tilmon for the THERES A LOVE FOR ME SOMEWHERE musical work with the U.S. Copyright Office. This renewal application was granted on February 18, 2004 and issued as RE 898-051 at Exhibit 77 hereto. 237. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
separate copyright application for the THERES A LOVE FOR ME SOMEWHERE musical work with the U.S. Copyright Office that dubiously claims to be a new version and arrangement. The application lists Abrim Tilmon as the author of the words and music and Bridgeport Music as the author of the arrangement. Further, the application recites January 1, 1978 as the date of first publication. This application was granted on March 11, 1998 and issued as PA 1-322-677 at Exhibit 78 hereto. 239. Upon information and belief, Bridgeport Music, or its agents, calculatedly
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240.
to leave section 2a of the PA 1-322-677 registration at Exhibit 78 blank, which explicitly requests Abrim Tilmons year of death. TILL YOU DECIDE TO COME HOME 241. The TILL YOU DECIDE TO COME HOME musical work was authored by
Abrim Tilmon and was first published in 1972. 242. On February 16, 1971, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the TILL YOU DECIDE TO COME HOME musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 232645 at Exhibit 79 hereto. 243. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the TILL YOU DECIDE TO COME HOME musical work automatically vested in the Estate of Abrim Tilmon. 244. Notwithstanding, on January 1, 1999, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Abrim Tilmon for the TILL YOU DECIDE TO COME HOME musical work with the U.S. Copyright Office. This renewal application was granted on January 4, 1999 and issued as RE 814-507 at Exhibit 80 hereto. 245. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
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WEAR THIS RING (WITH LOVE) 246. The WEAR THIS RING (WITH LOVE) musical work was authored by Abrim
Tilmon and James Mitchell and was first published in 1971. 247. On June 3, 1971, Bridgeport Music, as the copyright claimant, or its agents, filed
a copyright application for the WEAR THIS RING (WITH LOVE) musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 262026 at Exhibit 81 hereto. 248. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the WEAR THIS RING (WITH LOVE) musical work automatically vested in the Estate of Abrim Tilmon. 249. Notwithstanding, on January 1, 1999, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Abrim Tilmon for the WEAR THIS RING (WITH LOVE) musical work with the U.S. Copyright Office. This renewal application was granted on January 4, 1999 and issued as RE 814-518 at Exhibit 82 hereto. 250. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the duly authorized agent of Abrim Tilmon and that Abrim Tilmon maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state of Michigan since shortly after his death. WEDNESDAY 251. The WEDNESDAY musical work was authored by Abrim Tilmon and was first
published in 1977.
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252.
On May 2, 1977, Bridgeport Music, as the copyright claimant, or its agents, filed
a copyright application for the WEDNESDAY musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 783601 at Exhibit 83 hereto. 253. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the WEDNESDAY musical work automatically vested in the Estate of Abrim Tilmon. 254. Notwithstanding, upon information and belief, Defendants have continued to
commercially exploit the WEDNESDAY musical work without any permission, license or consent from the Estate of Abrim Tilmon. WHATCHA GONNA WEAR TOMORROW 255. The WHATCHA GONNA WEAR TOMORROW musical work was authored by
Abrim Tilmon and was first published in 1973. 256. On October 17, 1973, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the WHATCHA GONNA WEAR TOMORROW musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 438651 at Exhibit 84 hereto. 257. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the WHATCHA GONNA WEAR TOMORROW musical work automatically vested in the Estate of Abrim Tilmon. 258. Notwithstanding, on January 1, 2001, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Abrim Tilmon for the WHATCHA GONNA WEAR TOMORROW
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musical work with the U.S. Copyright Office. This renewal application was granted on January 2, 2001 and issued as RE 836-652 at Exhibit 85 hereto. 259. Most notably, Bridgeport Music represented to the U.S. Copyright Office that it
was the duly authorized agent of Abrim Tilmon and that Abrim Tilmon maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state of Michigan since shortly after his death. WITHOUT YOU BABY 260. The WITHOUT YOU BABY musical work was authored by Abrim Tilmon and
was first published in 1973. 261. On October 17, 1973, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the WITHOUT YOU BABY musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 438650 at Exhibit 86 hereto. 262. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the WITHOUT YOU BABY musical work automatically vested in the Estate of Abrim Tilmon. 263. Notwithstanding, on January 1, 2001, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Abrim Tilmon for the WITHOUT YOU BABY musical work with the U.S. Copyright Office. This renewal application was granted on January 2, 2001and issued as RE 836-651 at Exhibit 87 hereto.
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264.
Office that it was the duly authorized agent of Abrim Tilmon and that Abrim Tilmon maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state of Michigan since shortly after his death. YES I KNOW IM IN LOVE 265. The YES I KNOW IM IN LOVE musical work was authored by Mrs. Tilmon,
Ronald Lawrence, Louis Crane, and Balda Baine and first published in 1974. 266. On June 30, 1975, Southfield Music, as the copyright claimant, or its agents, filed
a copyright application for the YES I KNOW IM IN LOVE musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU593738 at Exhibit 88 hereto. 267. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the YES I KNOW IM IN LOVE musical work automatically vested in the Estate of Abrim Tilmon. 268. Notwithstanding, on February 13, 2004, Bridgeport Music, or its agents,
unilaterally, and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Abrim Tilmon for the YES I KNOW IM IN LOVE musical work with the U.S. Copyright Office. This renewal application was granted on February 18, 2004 and issued as RE 898-149 at Exhibit 89 hereto. 269. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
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separate copyright application for the YES I KNOW IM IN LOVE musical work with the U.S. Copyright Office that dubiously claims to be a new version and arrangement. The application lists Abrim Tilmon, Ronald Lawrence, Louis Crane, and Balda Baine, as the author of the words and music and Bridgeport Music as the author of the arrangement. Further, the application recites January 1, 1978 as the date of first publication. The application was granted on March 11, 1998 and issued as PA 1-322-673 at Exhibit 90 hereto. 271. Upon information and belief, Bridgeport Music, or its agents, calculatedly
to leave section 2a of the PA 1-322-673 registration at Exhibit 90 blank, which explicitly requests Abrim Tilmons year of death. 273. On September 14, 2006 Mrs. Tilmon instituted an action against Bridgeport
Music and Mr. Boladian in the United States District Court, for the Eastern District of Michigan that came to be styled as Tilmon-Jones v. Boladian et al., Civil Action No. 5:06-cv-14048 (District Court Action) based upon certain legal and royalty issues involving two (2) discrete musical works, including YES I KNOW IM IN LOVE. 274. On September 6, 2007, the District Court there entered a Consent Order of
Settlement wherein it was ordered and adjudged that Mrs. Tilmon shall receive 33 1/3% of the
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copyright of the musical composition YES I KNOW IM IN LOVE. A copy of the Consent Order of Settlement that resolved the District Court Action is attached hereto as Exhibit 19. 275. Upon information and belief, Bridgeport Music and Mr. Boladian failed to
disclose the PA 1-322-673 registration at Exhibit 90 in the District Court Action. Plaintiffs undersigned counsel has attempted on numerous occasions to have Defendants assign the PA registration at Exhibit 90 for YES I KNOW IM IN LOVE without judicial intervention. Defendants have refused to do so each time. 276. Moreover, despite the Consent Order of Settlement, upon information and belief,
Defendants have continued to commercially exploit YES I KNOW IM IN LOVE without providing appropriate sums to Mrs. Tilmon. YOU CANT TAKE THIS LOVE FOR YOU, FROM ME 277. The YOU CANT TAKE THIS LOVE FOR YOU, FROM ME musical work was
authored by Abrim Tilmon, Sam Beatty, and Tom Graczyk and was first published in 1971. 278. On July 1, 1971, Bridgeport Music, as the copyright claimant, or its agents, filed a
copyright application for the YOU CANT TAKE THIS LOVE FOR YOU, FROM ME musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 268848 at Exhibit 91 hereto. 279. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the YOU CANT TAKE THIS LOVE FOR YOU, FROM ME musical work automatically vested in the Estate of Abrim Tilmon. 280. Notwithstanding, on January 1, 1999, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Abrim Tilmon for the YOU CANT TAKE THIS LOVE FOR YOU,
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FROM ME musical work with the U.S. Copyright Office. This renewal application was granted on January 4, 1999 and issued as RE 814-541 at Exhibit 92 hereto. 281. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the duly authorized agent of Abrim Tilmon and that Abrim Tilmon maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state of Michigan since shortly after his death. YOU CONTROL ME 282. The YOU CONTROL ME musical work was authored by Abrim Tilmon and was
first published in 1973. 283. On October 17, 1973, Bridgeport Music, as the copyright claimant, or its agents,
filed a copyright application for the YOU CONTROL ME musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 438655 at Exhibit 93 hereto. 284. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the YOU CONTROL ME musical work automatically vested in the Estate of Abrim Tilmon. 285. Notwithstanding, on January 1, 2001, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Abrim Tilmon for the YOU CONTORL ME musical work with the U.S. Copyright Office. This renewal application was granted on January 2, 2001and issued as RE 836-654 at Exhibit 94 hereto. 286. Most notably, Bridgeport Music represented to the U.S. Copyright Office that it
was the duly authorized agent of Abrim Tilmon and that Abrim Tilmon maintained an address
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at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state of Michigan since shortly after his death. YOU WANT IT? YOU GOT IT! 287. The YOU WANT IT? YOU GOT IT! musical work was authored by Abrim
Tilmon and was first published in 1972. 288. On October 13, 1971 Defendant Bridgeport Music, as the copyright claimant, or
its agents, filed a copyright application for the YOU WANT IT? YOU GOT IT! musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 281742 at Exhibit 95 hereto. 289. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the YOU WANT IT? YOU GOT IT! musical work automatically vested in the Estate of Abrim Tilmon. 290. Notwithstanding, on January 1, 1999, Bridgeport Music, or its agents, unilaterally,
and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Abrim Tilmon for the YOU WANT IT? YOU GOT IT! musical work with the U.S. Copyright Office. This renewal application was granted on January 4, 1999 and issued as RE 814-600 at Exhibit 96 hereto. 291. Most notably, Bridgeport Music, or its agents represented to the U.S. Copyright
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292.
Further, on March 6, 1998, Bridgeport Music, or its agents, filed an additional and
separate copyright application for the YOU WANT IT? YOU GOT IT! musical work with the U.S. Copyright Office that dubiously claims to be a new version and arrangement. The application lists Abrim Tilmon as the author of the words and music and Bridgeport Music as the author of the arrangement. Further, the application recites January 1, 1978 as the date of first publication. This application was granted on March 11, 1998 and issued as PA 1-322-671 at Exhibit 97 hereto. 293. Upon information and belief, Bridgeport Music, or its agents, calculatedly
to leave section 2a of the PA 1-322-671 registration at Exhibit 97 blank, which explicitly requests Abrim Tilmons year of death. YOURE GETTING A LITTLE TOO SMART 295. The YOURE GETTING A LITTLE TOO SMART musical work was authored
by Abrim Tilmon and was first published in 1973. 296. On March 20, 1974 Defendant Bridgeport Music, as the copyright claimant, filed
a copyright application for the YOURE GETTING A LITTLE TOO SMART musical work with the U.S. Copyright Office. This copyright application was granted and issued as EU 482479 at Exhibit 98 hereto. 297. Upon Abrim Tilmons death, all rights to the renewal term corresponding to
Abrim Tilmons authorship of the YOURE GETTING A LITTLE TOO SMART musical work automatically vested in the Estate of Abrim Tilmon.
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298.
unilaterally, and without any permission, license or consent from the Estate of Abrim Tilmon filed a renewal application in the name of Mrs. Tilmon for the YOURE GETTING A LITTLE TOO SMART musical work with the U.S. Copyright Office. A copy of this renewal application is attached at Exhibit 99. 299. Most notably, Bridgeport Music, or its agents, represented to the U.S. Copyright
Office that it was the duly authorized agent of Mrs. Tilmon and that Mrs. Tilmon maintained an address at 29 Church Street, Suite 3, Burlington, VT 05401 even though no such agency relationship ever existed and Mrs. Tilmon has never resided or otherwise maintained a residential address at any location in the state of Vermont. 300. The U.S. Copyright office rejected the renewal application for the YOURE
GETTING A LITTLE TOO SMART musical work at Exhibit 99 as a result of a name variance on the application. A copy of the U.S. Copyright offices July 20, 2004 correspondence which delineated the rationale for rejecting the renewal application for the YOURE GETTING A LITTLE TOO SMART is attached hereto as Exhibit 100. 301. Further, on March 6, 1998, Bridgeport Music, or its agents, filed an application
for supplementary registration to correct the title of the YOURE GETTING A LITTLE TOO SMART work. This application was granted on March 11, 1998 and issued as Pau 2-296-128 at Exhibit 101 hereto. 302. Still further, on November 3, 1998, Bridgeport Music, or its agents, filed an
additional and separate copyright application for the YOURE GETTING A LITTLE TOO SMART musical work with the U.S. Copyright Office that dubiously claims to be a new version, new arrangement. The application lists Abrim Tilmon as the author of the drum intro, words,
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music, and arrangement and J. Allen as an additional author of the arrangement. Further, the application recites January 1, 1978 as the date of first publication. This application was granted on November 4, 1998 and issued as PA 901-726 at Exhibit 102 hereto. 303. Upon information and belief, Bridgeport Music, or its agents, calculatedly
to leave section 2a of the PA 901-726 registration at Exhibit 102 blank, which explicitly requests Abrim Tilmons year of death. 305. Finally, and most recently, on January 21, 2011, the Estate of Abrim Tilmon,
through its undersigned counsel, filed a renewal application for the YOURE GETTING A LITTLE TOO SMART musical work with the U.S. Copyright Office. The application properly lists Mrs. Tilmon, Mrs. Cartwright, and Mr. Tilmon (i.e. the Estate of Abe Tilmon) as the owners of the renewal term of the YOURE GETTING A LITTLE TOO SMART work, which commenced on December 31, 2002. This application was granted on January 21, 2011 and issued as RE 931-208 at Exhibit 103 hereto. COUNT I Declaratory and Injunctive Relief 306. above. 307. This is a claim for declaratory and injunctive relief under the Declaratory Plaintiffs repeat and reallege the allegations set forth in paragraphs 1 through 305,
Judgment Act, 28 U.S.C. 2201.
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308.
Abrim Tilmons authorship of the musical works in the ABRIM TILMON CATALOG automatically vested in the Estate of Abrim Tilmon. 309. An actual controversy has arisen as between Plaintiffs and Defendants. Plaintiffs
claim that they, and not Defendants, are the owners of the renewal term copyrights in and to the musical works in the ABRIM TILMON CATALOG, and that Plaintiffs, and not Defendants have the exclusive rights conferred upon copyright owners under the U.S. Copyright Act as to these musical works, such that Defendants have no present right to, among other things, exploit these musical works. Defendants, on the other hand, contends that it owns the renewal term copyright in and to these musical works. 310. parties. 311. As a result, Plaintiffs seek a declaratory judgment (a) that they are the exclusive A judicial declaration is necessary to determine the rights and obligations of the
owners of the renewal term copyrights in and to the musical works in the ABRIM TILMON CATALOG, (b) that Plaintiffs have the exclusive rights conferred upon copyright owners under the U.S. Copyright Act in and to the musical works in the ABRIM TILMON CATALOG, including, without limitation, the exclusive right to exploit the musical works in the ABRIM TILMON CATALOG, (c) that Defendants have no interest in and to the renewal term copyrights in and to the musical works in the ABRIM TILMON CATALOG, or any right to exploit the musical works in the ABRIM TILMON CATALOG, and (d) that any further action by Defendants in derogation of the exclusive rights of Plaintiffs constitutes willful copyright infringement. Plaintiffs further seek injunctive relief requiring (a) that Defendants disgorge to Plaintiffs all benefits, monetary and non-monetary, collected by Defendants as purported
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copyright owner and (b) that Defendants reconvey the renewal term copyrights in and to the musical works in the ABRIM TILMON CATALOG to Plaintiffs to the extent necessary to effectuate Plaintiffs rights. COUNT II Copyright Infringement 312. above. 313. Upon Abrim Tilmons death, all rights to the renewal term corresponding to Plaintiffs repeat and reallege the allegations set forth in paragraphs 1 through 311,
Abrim Tilmons authorship of the musical works in the ABRIM TILMON CATALOG automatically vested in the Estate of Abrim Tilmon. As a result, Plaintiffs are the owner of all right, title, and interest in and to the renewal term copyrights for the musical works in the ABRIM TILMON CATALOG. 314. Defendants have no right, by contract, or otherwise, to the renewal term
copyrights, or revenues derived from the exploitation of the renewal term copyrights, emanating from the musical works in the ABRIM TILMON CATALOG. 315. Defendants have claimed an ownership interest in the renewal term copyrights in
and to the musical works in the ABRIM TILMON CATALOG, and have kept, for their own profit and revenues derived from the exploitation of the renewal term copyright in compositions created at least in part by Abrim Tilmon. 316. The actions of the Defendants constitutes either an unintentional infringement, or
an intentional, willful, wrongful, and continual infringement upon the copyrighted musical works in the ABRIM TILMON CATALOG which have automatically vested in the Estate of Abrim Tilmon, and have caused the Plaintiffs to suffer actual damages in an amount which can only be established by an accounting, and which will be proven at the trial of this cause. As a result of
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the actions of the Defendants, the Plaintiffs are entitled to receive compensation for damages pursuant to 17 U.S.C. 501 et seq., including actual damages, or in the alternative, statutory damages, attorneys fees, and injunctive relief as well as the imposition of a constructive trust and an accounting. COUNT III Declaratory and Injunctive Relief 317. above. 318. This is a claim for declaratory and injunctive relief under the Declaratory Plaintiffs repeat and reallege the allegations set forth in paragraphs 1 through 316,
Judgment Act, 28 U.S.C. 2201. 319. The Copyright Registrations listed at Exhibit 104 were obtained as a result of both
willful misstatements made to the Copyright Office by Defendant Bridgeport Music as well as the intentional failure to provide the U.S. Copyright Office with material facts that, had they been known, would have precluded the issuance of such Copyright Registrations. 320. Defendant Bridgeport Music, or its agents, calculatedly represented to the U.S.
Copyright Office that the date of first publication of the works listed at Exhibit 104 was January 1, 1978. 321. Upon information and belief, not a single work listed at Exhibit 104 was first
published on January 1, 1978. 322. Defendant Bridgeport Music, or its agents, calculatedly omitted the year of death
of Abrim Tilmon in each copyright application of the Copyright Registrations listed at Exhibit 104. 323. Upon information and belief, Defendant Bridgeport Musics knowing and
intentional misrepresentation of the date of first publication of each work at Exhibit 104 as well
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as Defendants Bridgeport Musics knowing and intentional omission of Abrim Tilmons year of death, led the Copyright Office to grant copyright registration of each work at Exhibit 104 under the erroneous assumption that Abrim Tilmon was still alive and the date of publication of each work was January 1, 1978. 324. Upon information and belief, the nature of the material facts knowingly and
intentionally withheld from the Copyright Office by Defendant Bridgeport Music regarding the Copyright Registrations listed at Exhibit 104 are sufficient to invalidate each Copyright Registration. 325. An actual controversy has arisen as between Plaintiffs and Defendants. Plaintiffs
claim that the Copyright Registrations at Exhibit 104 are invalid. Defendants, on the other hand, contend that such Copyright Registrations are valid 326. parties. 327. As a result, Plaintiffs seek a declaratory judgment that the Copyright Registrations A judicial declaration is necessary to determine the rights and obligations of the
at Exhibit 104 are invalid. Plaintiffs further seek injunctive relief prohibiting Defendants from (a) asserting the Copyright Registrations at Exhibit 104 against Plaintiffs or any third parties and (b) acting in any manner which would cause any third party to believe that Defendants hold a valid copyright in the Copyright Registrations at Exhibit 104. COUNT IV False Copyright Management Information 328. above. 329. Defendant Westbound Records conveyed its name as the copyright owner of the Plaintiffs repeat and reallege the allegations set forth in paragraphs 1 through 327,
sound recordings, as described in 17 U.S.C. 1202(c), on The Original Eight Mile Westbound
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Records: 40th Anniversary CD, which is referenced in paragraph 77 herein, by and through its notice of copyright on the packaging of each CD which clearly states, The copyrights in these sound recordings are owned by Westbound Records, Inc. (hereinafter copyright management information). 330. Upon information and belief, at least Defendants Westbound Records, Nine
Records, and Mr. Boladian, knowingly and with the intent to induce, enable, facilitate, or conceal infringement provided copyright management information that is false, in violation of 17 U.S.C. 1202(a). 331. Upon information and belief, at least Defendants Westbound, Nine Records, and
Mr. Boladian, knowingly and with the intent to induce, enable, facilitate, or conceal infringement distributed copyright management information that is false, in violation of 17 U.S.C. 1202(a). 332. Plaintiffs are entitled to and seek statutory damages for Defendants intentional
actions in providing and distributing false copyright management information that is false on the infringing CD, including attorneys fees and costs, pursuant to 17 U.S.C. 1203. 333. The conduct of the Defendants is causing and, unless enjoined and restrained by
this Court, will continue to cause Plaintiffs great and irreparable injury that cannot fully be compensated or measured in money. Plaintiffs have no adequate remedy at law. COUNT V Fraud 334. above. 335. 336. This is a claim for fraud under Michigan common law. Defendants made material representations to various third parties, including the Plaintiffs repeat and reallege the allegations set forth in paragraphs 1 through 333,
U.S. Copyright Office, that (i) the first date of publication of the PA Registrations at Exhibit 104
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was January 1, 1978; (ii) Defendants were the duly authorized agent of Abrim Tilmon and that Abrim Tilmon maintained an address at 80 Pine Street, 33rd Floor, New York, NY 10005-1072 even though Mr. Tilmon had been deceased since July 6, 1982 and has been continuously interred in the state of Michigan since shortly after his death; and (iii) Defendants were the duly authorized agent of Mrs. Tilmon and that Mrs. Tilmon maintained an address at 29 Church Street, Suite 3, Burlington, VT 05401 even though no such agency relationship ever existed and Mrs. Tilmon has never resided or otherwise maintained a residential address at any location in the state of Vermont. 337. Defendants actions and representations in commerce relating to the ABRIM
TILMON CATALOG, including in public filings before at least the U.S. Copyright Office, regarding Abrim Tilmons legal status, Mrs. Tilmons legal status, putative agency with the Defendants, address, date of first publication, and other respective legal rights of the parties and the nature, quality, characteristics of either or both of the Plaintiffs legal rights and the Defendants alleged legal rights in the ABRIM TILMON CATALOG, constituted a publication of a false statement(s) knowing that statement to be false or acting in reckless disregard for its truth or falsity. 338. Defendants made the representations and took the foregoing actions with the
intention that it would be relied upon by Plaintiffs as well as various third parties, including the U.S. Copyright Office. 339. Plaintiffs, as well as various third parties, including the U.S. Copyright Office,
have relied on Defendants foregoing actions and representations and, as a result, Plaintiffs have been injured.
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340.
The acts of the Defendants are causing irreparable injury to the Plaintiffs.
Plaintiffs have no adequate remedy at law and said acts will continue unless restrained by this Court. COUNT VI Injurious Falsehood 341. above. 342. 343. This is a claim for injurious falsehood under Michigan common law. Defendants actions and representations in commerce relating to the ABRIM Plaintiffs repeat and reallege the allegations set forth in paragraphs 1 through 340,
TILMON CATALOG, including in public filings before at least the U.S. Copyright Office, regarding Abrim Tilmons legal status, Mrs. Tilmons legal status, putative agency with the Defendants, address, and other respective legal rights of the parties and the nature, quality, characteristics of either or both of the Plaintiffs legal rights and the Defendants alleged legal rights in the ABRIM TILMON CATALOG, constituted a publication of a false statement(s) to a third party knowing that statement to be false or acting in reckless disregard for its truth or falsity. 344. Defendants knew, or should have known, that the false publication set forth in the
preceding paragraph would likely result in pecuniary loss or in harm to the interests of the Plaintiffs having a pecuniary value, by conveying and circulating in a public record before a federal agency the false and misleading impression that the Defendants possess or retain some legal rights or interests in the ABRIM TILMON CATALOG, or that third parties would need to contract with the Defendants to obtain rights therein to the exclusion of the Plaintiffs. 345. Plaintiffs have suffered special damages and lost opportunities as a result of the
actions and conduct by Defendants.
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346.
By virtue of the facts herein averred, the acts of the Defendants constitute
injurious falsehood within the meaning of the common law of the state of Michigan as they pertain to the unlawful use and dominion over the Plaintiffs rights in the ABRIM TILMON CATALOG. 347. Defendants unlawful and unauthorized use and dominion over the Plaintiffs
rights in the ABRIM TILMON CATALOG has been deliberate and willful and committed with the intent to cause confusion and mistake, and to deceive and defraud the public into believing that the Plaintiffs somehow lacks legal rights which are superior to that of the Defendants. 348. Defendants have and/or will obtain substantial benefit from the use of, and
dominion over, the ABRIM TILMON CATALOG without Plaintiffs permission, consent, and/or authorization. 349. Plaintiffs have not received appropriate compensation for the Defendants use and
dominion over the ABRIM TILMON CATALOG. 350. Defendants actions and representations in commerce have caused, or will likely
cause, a benefit to the Defendants at the expense of the Plaintiffs in that such statements and representations to third parties convey the false and misleading impression that the Defendants possess some legal rights or interests in the ABRIM TILMON CATALOG, which are superior to that of Plaintiffs. 351. The acts of the Declaratory Defendants are causing irreparable injury to the
Declaratory Plaintiff. Plaintiff has no adequate remedy at law and said acts will continue unless restrained by this Court. COUNT VII Breach of Agency by Estoppel
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352. above. 353. 354.
Plaintiffs repeat and reallege the allegations set forth in paragraphs 1 through 351,
This is a claim for breach of agency by estoppel under Michigan common law. The Renewal Registrations set forth herein for musical works in the ABRIM
TILMON CATALOG were issued by the U.S. Copyright Office based upon Defendants actions and representations, which included statements and representations in public filings before at least the U.S. Copyright Office that a putative agency relationship existed between Mrs. Tilmon or her late husband, on the one hand, and Defendants, on the other hand. 355. The actions of the Defendants, including the representations made to the U.S.
Copyright Office in the Renewal Registrations set forth herein, show that the Defendants held themselves out as being the duly authorized agent of Mrs. Tilmon or her late husband and that third parties, including the U.S. Copyright Office then, relied upon, and acted in good faith to issue the Renewal Registrations to the benefit of the Defendants based upon such claims that the Defendants were the duly authorized agent of Mrs. Tilmon or her late husband. 356. By virtue of the Defendants own statements and claims of being the agent for
Mrs. Tilmon or her late husband, the Defendants own actions created an agency by estoppel relationship wherein the Defendants owed a legal duty and/or fiduciary duty to Mrs. Tilmon relating to at least the administration and exploitation of the Renewal Registrations. 357. Plaintiffs have suffered special damages and lost opportunities as a result of the
actions and conduct by the Defendants, which include usurping and taking any opportunities arising from the Renewal Registrations as well as failing to apprise, inform, and account to the Plaintiffs for any activity involving the subject matter of such Renewal Registrations.
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358.
Defendants have and/or will obtain substantial benefit from the use of, and
dominion over, the musical works at issue in this action, and especially the Renewal Registrations which contain the claim of an agency relationship. 359. Plaintiffs have not received adequate compensation, information, and/or any type
of accounting from the Defendants regarding their actions in furtherance of the putative agency relationship that Defendants claimed to exist in filings before the U.S. Copyright Office. 360. The acts of the Defendants are causing irreparable injury to the Plaintiffs.
Plaintiffs have no adequate remedy at law and said acts will continue unless restrained by this Court. PRAYER FOR RELIEF WHEREFORE, Plaintiffs pray for judgment against the Defendants, as follows: 1. On the first cause of action, a declaratory judgment (a) that Plaitniffs are the
exclusive owners of the renewal term copyrights in and to the musical works in the ABRIM TILMON CATALOG, (b) that Plaintiffs have the exclusive rights conferred upon copyright owners under the U.S. Copyright Act in and to the musical works in the ABRIM TILMON CATALOG, including, without limitation, the exclusive right to exploit the musical works in the ABRIM TILMON CATALOG, (c) that Defendants have no interest in and to the renewal term copyrights in and to the musical works in the ABRIM TILMON CATALOG, or any right to exploit the musical works in the ABRIM TILMON CATALOG, and (d) that any further action by Defendants in derogation of the exclusive rights of Plaintiffs constitutes willful copyright infringement. Plaintiffs further seek injunctive relief requiring (a) that Defendants disgorge to Plaintiffs all benefits, monetary and non-monetary, collected by Defendants as purported
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copyright owner and (b) that Defendants reconvey the renewal term copyrights in and to the musical works in the ABRIM TILMON CATALOG to Plaintiffs to the extent necessary to effectuate Plaintiffs rights; 2. On the second cause of action, an order that Plaintiffs be awarded damages for
Defendants copyright infringement as either (i) actual damages in an amount to be determined at trial, together with Defendants profits derived from its unlawful infringement of Plaintiffs copyrighted works; or (ii) statutory damages for each act of infringement in an amount provided by law, at Plaintiffs election before the entry of a final judgment; 3. On the third cause of action, a declaratory judgment that the Copyright
Registrations at Exhibit 104 are invalid. Plaintiffs further seek, as to the third cause of action, injunctive relief prohibiting Defendants from (a) asserting the Copyright Registrations at Exhibit against Plaintiffs or any third parties and (b) acting in any manner which would cause any third party to believe that Defendants hold a valid copyright in the Copyright Registrations at Exhibit 104; 4. On the fourth cause of action, an order that Plaintiffs be awarded damages for
Defendant Westbound Records, Nine Records, and Mr. Boladians conveyance of false copyright management information as either (i) actual damages in an amount to be determined at trial, together with Defendants profits attributable to their violations of 17 U.S.C. 1202; or (ii) statutory damages for each violation of 17 U.S.C. 1202, at Plaintiffs election before the entry of final judgment. 5. 6. 7. On the fifth cause of action, damages to be determined at trial; On the sixth cause of action, damages to be determined at trial; On the seventh cause of action, damages to be determined at trial;
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8. 9. 10.
On all claims, an award of pre-judgment and post-judgment interest; On all claims, an award of attorneys fees and costs of suit incurred herein; and Such other further relief as the Court may deem just and proper. DEMAND FOR JURY TRIAL
Plaintiffs demands a jury trial for all issues so triable.
Dated: July 13, 2011
Respectfully submitted, JANYCE H. TILMON-JONES, CATHERINE M. CARTWRIGHT, STEVEN M. TILMON, and GLOBAL ROYALTY NETWORK & PUBLISHING By: /s/ Jeffrey P. Thennisch One of their Attorneys Jeffrey P. Thennisch (P51499) DOBRUSIN & THENNISCH PC 29 W. Lawrence Street, Suite 210 Pontiac, Michigan 48342 (248) 292-2920 jeff@patentco.com Gregory J. Reed (P24750) GREGORY J. REED & ASSOCIATES PC 1201 Bagley Street Detroit, Michigan 48226 (313) 961-3580 gjrassoc@aol.com Attorneys for Plaintiffs
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VERIFIED STATEMENT I declare under penalty of perjury under the laws of the United States, pursuant to 28 U.S.C. 1746, that the foregoing aversions in the Complaint are true and correct to the best of my knowledge, information and belief.
By: JANYCE TILMON-JONES
By: CATHERINE M. CARTWRIGHT
By: STEVEN M. TILMON
70

Tilmon-Jones v. Bridgeport Music Complaint

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2:11-cv-13002-BAF-MKM Doc # 1

Civil Action No. Honorable Magistrate Demand For Jury Trial

the initial 28-year-term of copyright expired.

Thus, Defendants have wrongfully claimed

Upon information and belief, Bridgeport Music, or its agents, calculatedly

Mitchell and first published in 1971.

Upon information and belief, Bridgeport Music, or its agents, calculatedly

Abrim Tilmon and first published in 1973.

On September 27, 1973, Bridgeport Music, as the copyright claimant, or its

Tilmon and first published in 1972.

Notwithstanding, on January 1, 1999, Bridgeport Music, or its agents, unilaterally,

first published in 1971.

Notwithstanding, on February 13, 2004 Bridgeport Music, or its agents,

Notwithstanding, on February 13, 2004 Bridgeport Music, or its agents,

first published in 1972.

Notwithstanding, on February 13, 2004 Bridgeport Music, or its agents,

Judgment Act, 28 U.S.C. 2201.

actions and conduct by Defendants.

352. above. 353. 354.

Plaintiffs demands a jury trial for all issues so triable.

Dated: July 13, 2011

Dated: July 12, 2011

By: JANYCE TILMON-JONES

Dated: July 12, 2011

By: CATHERINE M. CARTWRIGHT

Dated: July 12, 2011

By: STEVEN M. TILMON

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