Case: 3:11-cv-00445-slc Document #: 1

Filed: 06/27/11 Page 1 of 3

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN

RAY RUBENZER Plaintiff CASE NO: 11-CV-445 LOIS MELGAARD and DAVID MELGAARD Defendant

COMPLAINT The above-named plaintiff, RAY RUBENZER by his attorney Kim M. Peterson, as and for a complaint against the above-named defendants, alleges and shows to the Court as follows: 1. Plaintiff, RAY RUBENZER, is an individual, residing at 19976 76th Ave., Chippewa Falls, Wl. 2. Defendants LOIS MELGAARD and DAVID MELGAARD are individuals who are married, and reside at 5526 171st. St., Chippewa Falls, Wl. 3. In 1978, RAY RUBENZER wrote the music and lyrics to the song "Yodelin1 Boy Polka". The lyrics and music were registered with the copyright office as of June 12,1978, registration number PA 9-191. 4. On June 25, 1982, Plaintiff Ray Rubenzer was married to defendant Lois Melgaard, and Ms. Melgaard was a member of Mr. Rubenzer's band "Guys and Gals". As a member of Mr. Rubenzer's band, Ms. Melgaard sang the

Case: 3:11-cv-00445-slc Document #: 1

Filed: 06/27/11 Page 2 of 3

copyrighted song Yodelin' Boy Polka on numerous occasions, and was intimately familiar with both the lyrics and music of the song. Ms. Melgaard was also aware that the song was copyrighted by Mr. Rubenzer. 5. On November 15, 1984, Mr. Rubenzer and Ms. Melgaard were divorced, and Ms. Melgaard became associated with David Melgaard's band the "Top Notchmen". Sometime after she became associated with the "Top Notchmen", the band began singing the song "C'mon and Sing". The Top Notchmen have claimed the song "C'mon and Sing" as their own, and have performed and continue to perform that song live in concerts. In addition, the defendants have recorded a copy of the song "C'mon and Sing" and continue to offer that song for sale to the general public. 6. The song "C'mon and Sing" is a copy of the music and lyrics of the "Yodelin' Boy Polka" and infringes on Mr. Rubenzer's copyrights, in violation of the Copyright Act, 17 U.S.C.Asec. 101 et. seq. 7. Defendant's infringing conduct was intentional and willful. 8. As a result of defendants' conduct, plaintiff has been damaged in an amount to be determined at trial. PLAINTIFF DEMANDS A JURY TRIAL WHEREFORE, plaintiff hereby demands as follows: A. Judgment in favor of the plaintiff, Ray Rubenzer, in an amount sufficient to constitute fair and reasonable compensation for his losses and damages. B. For the costs, disbursements, and attorneys fees incurred as a result of this action; and

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C. For whatever further relief this court deems just and proper. Dated: June.y\ 2011 EICHE & FRAKES, S. C.

Kim M. Peterson Attorney for Plaintiff State Bar No. 1027939

Case: 3:11-cv-00445-slc Document #: 1-1

Filed: 06/27/11 Page 1 of 1

^ AO 121 (6/90) TO: Register of Copyrights Copyright Office Library of Congress Washington, D.C. 20559 REPORT ON THE FILING OR DETERMINATION OF AN ACTION OR APPEAL REGARDING A COPYRIGHT

In compliance with the provisions of 17 U.S.C. 508, you are hereby advised that a court action or appeal has been filed on the following copyrights): COURT NAME AND LOCATION El ACTION DOCKET NO. PLAINTIFF Ray Rubenzer D APPEAL DATE FILED 6/27/2011 District court of Wisconsin - Western District

DEFENDANT

David and Lois Melgaard

COPYRIGHT REGISTRATION NO.

TITLE OF WORK

AUTHOR OR WORK Ray Rubenzer

1 PA 9-1 91

Yodelin' Boy Polka

2 3
4 5

In the above-entitled case, the following copyrights) have been included: DATE INCLUDED COPYRIGHT REGISTRATION NO.
1

INCLUDED BY D Amendment

D Answer TITLE OF WORK

Q Cross Bill

Q Other Pleading AUTHOR OF WORK

2 3
In the above-entitled case, a final decision was rendered on the date entered below. A copy of the order or judgment together with the written opinion, if any, of the court is attached. COPY ATTACHED D Order CLERK D Judgment WRITTEN OPINION ATTACHED
D Yes D No

DATE RENDERED

(BY) DEPUTY CLERK

DATE

1) Upon initiation of action, mail copy to Register of Copyrights

DISTRIBUTION:

2) Upon filing of document adding copyrights), mail copy to Register of Copyrights 5) Case File Copy

3) Upon termination of action, mail copy to Register of Copyrights

4) In the event of an appeal, forward copy to Appellate Court