Case 2:18-cv-10009 Document 1 Filed 11/29/18 Page 1 of 25 Page ID #:1 Michael Machat, Esq. 1 MACHAT & ASSOCIATES, P.C. 8730 W. Sunset Blvd., Ste. 250 2 West Hollywood, California 90069 Telephone: (310) 860-1833 3 Telefax: (310) 860-1837 Email:
[email protected] 4 Attorneys for Plaintiff 5 JohannSongs – Publishing, Ltd 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 WESTERN DISTRICT 10 11 12 JOHANNSONGS - PUBLISHING, ) CASE NO. LTD, ) 13 ) 14 ) COMPLAINT FOR COPYRIGHT Plaintiff, ) INFRINGEMENT AND UNJUST 15 ) ENRICHMENT vs. ) 16 ) ROLF LØVLAND , BRENDAN ) DEMAND FOR JURY TRIAL 17 GRAHAM, PEERMUSIC, LTD, ) UNIVERSAL MUSIC PUBLISHING ) 18 GROUP, WARNER MUSIC GROUP, ) UMG RECORDINGS, INC., APPLE, ) 19 INC., SPOTIFY TECHNOLOGY S.A. ) and DOES 1 – 20, ) 20 ) Defendants. ) 21 For its Complaint, Plaintiff JOHANNSONGS – PUBLISHING, LTD., 22 (“JOHANNSONGS”) hereby alleges and asserts as follows: 23 I. INTRODUCTORY BACKGROUND 24 1. Plaintiff brings this action for declaratory relief, injunctive relief and 25 damages arising out of defendant Rolf Løvland’s unauthorized, unfair, blatant and 26 unrepentant copying of the famous Icelandic song “Soknudur”, written by Johann 27 Helgason (music) and Vilhjalmur Vilhjalmsson (lyrics). 28 2. “Soknudur”, written in 1977, has become perhaps the most famous Case 2:18-cv-10009 Document 1 Filed 11/29/18 Page 2 of 25 Page ID #:2 1 song in Iceland. Løvland, a Norwegian national and member of the band Secret 4477 - 2 Garden has a reputation for plagiarizing music from others. During Løvland’s 3 frequent travels to Iceland, he undoubtedly heard “Soknudur,” became mesmerized 4 by the music of “Soknudur,” and recorded an unauthorized derivative version of Facsimile: (310) 394 (310) Facsimile: 5 “Soknudur,” which he called “YOU RAISE ME UP,” copying the music and lyrical 6 theme of “SOKNUDUR.” 7 3.