Case 2:13-cv-05463-KDE-SS Document 1 Filed 08/16/13 Page 1 of 118 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA PAUL BATISTE D/B/A * CIVIL ACTION NO. ARTANG PUBLISHING LLC * * SECTION: “ ” Plaintiff, * * JUDGE VERSUS * * MAGISTRATE FAHEEM RASHEED NAJM, P/K/A T-PAIN, KHALED * BIN ABDUL KHALED, P/K/A DJ KHALED, WILLIAM * ROBERTS II, P/K/A RICK ROSS, ANTOINE * MCCOLISTER P/K/A ACE HOOD, 4 BLUNTS LIT AT * ONCE PUBLISHING, ATLANTIC RECORDING * CORPORATION, BYEFALL MUSIC LLC, BYEFALL * PRODUCTIONS, INC., CAPITOL RECORDS LLC, * CASH MONEY RECORDS, INC., EMI APRIL MUSIC, * INC., EMI BLACKWOOD MUSIC, INC., * FIRST-N-GOLD PUBLISHING, INC., FUELED BY * RAMEN, LLC, NAPPY BOY, LLC, NAPPY BOY * ENTERPRISES, LLC, NAPPY BOY PRODUCTIONS, * LLC, NAPPY BOY PUBLISHING, LLC, NASTY BEAT * MAKERS PRODUCTIONS, INC., PHASE ONE * NETWORK, INC., PITBULL’S LEGACY * PUBLISHING, RCA RECORDS, RCA/JIVE LABEL * GROUP, SONGS OF UNIVERSAL, INC., SONY * MUSIC ENTERTAINMENT DIGITAL LLC, * SONY/ATV MUSIC PUBLISHING, LLC, SONY/ATV * SONGS, LLC, SONY/ATV TUNES, LLC, THE ISLAND * DEF JAM MUSIC GROUP, TRAC-N-FIELD * ENTERTAINMENT, LLC, UMG RECORDINGS, INC., * UNIVERSAL MUSIC – MGB SONGS, UNIVERSAL * MUSIC – Z TUNES LLC, UNIVERSAL MUSIC * CORPORATION, UNIVERSAL MUSIC PUBLISHING, * INC., UNIVERSAL-POLYGRAM INTERNATIONAL * PUBLISHING, INC., WARNER-TAMERLANE * PUBLISHING CORP., WB MUSIC CORP., and * ZOMBA RECORDING LLC * * Defendants. * ****************************************************************************** Case 2:13-cv-05463-KDE-SS Document 1 Filed 08/16/13 Page 2 of 118 COMPLAINT Plaintiff Paul Batiste, doing business as Artang Publishing, LLC, by and through his attorneys Koeppel Traylor LLC, alleges and complains as follows: INTRODUCTION 1. This is an action for copyright infringement. Plaintiff Paul Batiste is the founding member and owner of the Batiste Brothers Band, which was founded in 1976 in New Orleans, Louisiana. Plaintiff is considered a major influence of the current New Orleans jazz scene and has enjoyed immense success and recognition, both individually and through his work with the Batiste Brothers Band. The Batiste Family has been referred to as “legendary” and has had schools and marching bands bearing the Batiste name. This recognition stems from Plaintiff’s hard work, dedication, and unique original music, which has all been authored exclusively by Plaintiff. As will be explained in more detail below, Plaintiff composed and released an extensive musical catalog over the course of his career, including multiple albums and singles. Defendants have wrongfully copied nearly every song in Plaintiff’s catalog. 2. Defendants Faheem Rasheed Najm, professionally known as T-Pain, Khaled bin Abdul Khaled, professionally known as DJ Khaled, William Roberts II, professionally known as Rick Ross, and Antoine McColister, professionally known as Ace Hood, have released an immense number of songs infringing upon Plaintiff’s catalog. Defendants have blatantly poached beats, lyrics, melodies, and chords from Plaintiff’s songs. Defendants have even released five songs, Freeze (by T-Pain), Download, Overtime, Boom, and Freeze (by Young Cash), that have the same or nearly identical titles to Plaintiff’s songs Freeze, Download My Love, Overtime, and Bam There You Have It. Defendants have access to 2 Case 2:13-cv-05463-KDE-SS Document 1 Filed 08/16/13 Page 3 of 118 Plaintiff’s music and have released identical and/or substantially similar songs. Upon information and belief, Defendants regularly work together to produce and record songs, often appearing on each other’s songs and songs by other artists. Upon information and belief, Defendant Khaled grew up in New Orleans. 3. Many of Defendants’ songs have been released multiple times in multiple versions. Each release constitutes an independent act or acts of infringement of each of Plaintiff’s copyright or copyrights. The Defendants named in this action represent the artists, record labels, and publishing companies that are the copyright owners of the songs that infringe upon Plaintiff’s music. Damages are believed to be in excess of $100,000,000. JURISDICTION AND VENUE 4. This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331, 1332, 1338, and 17 U.S.C. §§ 101, et seq. 5. Venue in the Eastern District of Louisiana is proper pursuant to 28 U.S.C. §§ 1391(b) 1400(a) as a substantial part of the events giving rise to the claim occurried in this district. Defendants regularly conduct business in the State of Louisiana and substantial acts of infringement have occurred in this district. Defendants expected or should have reasonably expected their acts to have consequences in this district. THE PARTIES 6. Plaintiff Paul Andrea Batiste, doing business as Artang Publishing LLC, is a citizen of the State of Louisiana. Artang Publishing LLC is a Louisiana limited liability company with its principal place of business in Metairie, Louisiana. 7. Defendant Faheem Rasheed Najm, professionally known as T-Pain, is an individual, who is a citizen of the State of Florida. 3 Case 2:13-cv-05463-KDE-SS Document 1 Filed 08/16/13 Page 4 of 118 8. Defendant Khaled bin Abdul Khaled, professionally known as DJ Khaled, is an individual, who is a citizen of the State of Florida. 9. Defendant William Roberts II, professionally known as Rick Ross, is an individual, who is a citizen of the State of Florida. 10. Defendant Antoine McColister, professionally known as Ace Hood, is an individual, who is a citizen of the State of Florida. 11. Defendant 4 Blunts Lit at Once Publishing, upon information and belief, is owned and operated by Sony/ATV Music Publishing, a Delaware corporation with its principal place of business in New York, New York. 12. Defendant Atlantic Recording Corporation is a Delaware corporation with its principal place of business in New York, New York. 13. Defendant Byefall Music LLC is a Georgia limited liability company with its principal place of business in Atlanta, Georgia. 14. Defendant Byefall Productions, Inc. is a Georgia corporation with its principal place of business in Atlanta, Georgia. 15. Defendant Capitol Records LLC is a California limited liability company with its principal place of business in Santa Monica, California. 16. Defendant Cash Money Records, Inc. is a division of UMG Recordings, Inc., a Delaware corporation with its principal place of business in Santa Monica, California. 17. Defendant EMI April Music, Inc. is a Connecticut corporation with its principal place of business in New York, New York. 18. Defendant EMI Blackwood Music, Inc. is a Connecticut corporation with its principal place of business in New York, New York. 4 Case 2:13-cv-05463-KDE-SS Document 1 Filed 08/16/13 Page 5 of 118 19. Defendant First-N-Gold Publishing, Inc. is a Florida corporation with its principal place of business in Miami, Florida. 20. Defendant Fueled By Ramen, LLC is a division of Atlantic Recording Corporation, a Delaware Corporation with its principal place of business in New York, New York. 21. Defendant Nappy Boy, LLC is a Florida limited liability company with its principal place of business in Fort Lauderdale, Florida. 22. Defendant Nappy Boy Enterprises, LLC is a Florida limited liability company with its principal place of business in Fort Lauderdale, Florida. 23. Defendant Nappy Boy Productions, LLC is a Florida limited liability company with its principal place of business in Fort Lauderdale, Florida. 24. Defendant Nappy Boy Publishing, LLC is a Florida limited liability company with its principal place of business in Fort Lauderdale, Florida. 25. Defendant Nasty Beat Makers Productions, Inc. is a Florida corporation with its principal place of business in Orlando, Florida. 26. Defendant Phase One Network, Inc. is a New Jersey corporation with its principal place of business in New York, New York. 27. Defendant Pitbull’s Legacy Publishing, upon information and belief, is owned and operated by Sony Music Entertainment, a Delaware corporation with its principal place of business in New York, New York. 28. Defendant RCA Records is a division Sony Music Entertainment, a Delaware corporation with its principal place of business in New York, New York. 29. Defendant RCA/JIVE Label Group is a division Sony Music Entertainment, a Delaware corporation with its principal place of business in New York, New York. 5 Case 2:13-cv-05463-KDE-SS Document 1 Filed 08/16/13 Page 6 of 118 30. Defendant Songs of Universal, Inc. is a California corporation with its principal place of business in Santa Monica, California. 31. Defendant Sony Music Entertainment Digital LLC is a Delaware limited liability company with its principal place of business in New York, New York. 32. Defendant Sony/ATV Music Publishing, LLC is a Delaware limited liability company with its principal place of business in New York, New York. 33. Defendant Sony/ATV Songs, LLC is a Delaware limited liability company with its principal place of business in New York, New York. 34. Defendant Sony/ATV Tunes, LLC is a Delaware limited liability company with its principal place of business in New York, New York. 35. Defendant The Island Def Jam Music Group is a division of UMG Recordings, Inc., a Delaware corporation with its principal place of business in Santa Monica, California. 36. Defendant Trac-N-Field Entertainment, LLC is a Florida limited liability company with its principal place of business in Hollywood, Florida. 37. Defendant UMG Recordings, Inc. is a Delaware corporation with its principal place of business in Santa Monica, California. 38. Defendant Universal Music – MGB Songs is a division of Universal Music Group, Inc., a Delaware corporation with its principal place of business in Santa Monica, California. 39. Defendant Universal Music – Z Tunes LLC is a New York limited liability company with its principal place of business in New York, New York. 40. Defendant Universal Music Corporation is a Delaware corporation with its principal place of business in Santa Monica, California.