Case: 1:16-cv-O2300 Document 3 Filed: 02/17/16 Page 1 of 2 PagelD #:10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION BROADCAST MUSIC, SONGS LLC d/b/a SONGS TREE MOEBETOBLAME and E0. SMITH MUSIC, Plaintiffs, CASE NO. V. RESCO 8, LLC d/b/a PIECE BREWERY AND PIZZERIA a/k/a PIECE, and WILLIAM JACOBS, individually, Defendants NOTICE OF AFFILIATES The undersigned, counsel of record for Plaintiffs Broadcast Music, Inc, et al., submits the following Notice of A ?iliates in compliance with Federal Rule of Civil Procedure 7.1 and Local Rule 3.2: l. The full name of every party or amicus the undersigned attorney represents in this case is as follows: Broadcast Music, Inc. Songs LLC d/b/a Tree Publishing Moebetoblame Music E.O. Smith Music 2. If such party is a corporation, its parent corporation and a list of corporate stockholders which are publicly held companies owning 5 percent or more of the stock of the party or stock if it is a publicly held company is as follows: Case: 1:16-cv-02300 Document 3 Filed: 02/17/16 Page 2 of 2 PagelD #:11 Parent corporation or any publicly held Plaintiff corporation owning 5% or more of its stock Broadcast Music, Inc. BMI certi?es that the following publicly held entities own 5% or more of stock: Gannett Co., Inc., which is publicly held, indirectly through a wholly-owned subsidiary. BMI has no publicly held parent companies, affiliates or subsidiaries, and there are no other publicly held companies that own 5% or more of stock. Songs LLC d/b/a Sony Music Entertainment, Inc. Tree Publishing 3. The law firm appearing for Plaintiffs is as follows: Michael Best Friedrich LLP Two Prudential Plaza 180 North Stetson Avenue, Suite 2000 Chicago, Illinois 60601 Dated: February 17, 2016 Respectfully submitted, Charles A. La? Charles A. Laff(1558153) Paul R. Coble (6296105) MICHAEL BEST FRIEDRICH LLP Two Prudential Plaza 180 N. Stetson Avenue, Suite 2000 Chicago, Illinois 60601-6710 T: 312.222.0800; F: 312.222.0818 calaff@michaelbest.com pcoble@michaelbest.com Attorneys for Plainti?s Case: 1:16-cv-02300 Document 1 Filed: 02/17/16 Page 1 of 8 PagelD IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION BROADCAST MUSIC, SONGS LLC d/b/a SONGS TREE MOEBETOBLAME and ED. SMITH MUSIC, Plaintiffs, v. CASE NO. RESCO 8, LLC d/b/a PIECE BREWERY AND PIZZERIA a/k/a PIECE, and WILLIAM JACOBS, individually, Defendants COMPLAINT Plaintiffs, by their attorneys, for their Complaint against Defendants, allege as follows: JURISDICTION AND VENUE 1. This is a suit for copyright infringement under the United States Copyright Act of 1976, as amended, 17 U.S.C. 101 et seq. (the ?Copyright Act?). This Court has jurisdiction pursuant to 28 U.S.C. 1338(a). 2. Venue is proper in this judicial district pursuant to 28 U.S.C. 1400(a). THE PARTIES 3. Plaintiff Broadcast Music, Inc. is a corporation organized and existing under the laws of the State of New York. BMl?s principal place of business is 7 World Trade Center, 250 Greenwich Street, New York, New York 10007. BMI has been granted the right to license the public performance rights in approximately 10.5 million copyrighted musical Case: 1:16-cv-02300 Document #1 1 Filed: 02/17/16 Page 2 of 8 PagelD #12 compositions (the Repertoire?), including those which are alleged herein to have been infringed. 4. The Plaintiffs other than BMI are the owners of the copyrights in the musical compositions, which are the subject of this lawsuit. All Plaintiffs are joined pursuant to Fed. R. Civ. P. l7(a) and 19(a). 5. Plaintiff Songs LLC is a limited liability company doing business as Tree Publishing. This Plaintiff is the copyright owner of at least one of the songs in this matter. 6. Plaintiff Moebetoblame Music is a partnership owned by Michael Balzary, John Anthony Frusciante, Anthony Kiedis and Chad Gaylord Smith. This Plaintiff is the copyright owner of at least one of the songs in this matter. 7. Plaintiff E.O. Smith Music is a sole proprietorship owned by Rivers Cuomo. This Plaintiff is the copyright owner of at least one of the songs in this matter. 8. Defendant Resco 8, LLC is a limited liability company organized and existing under the laws of the State of Illinois. 9. Upon information and belief, Defendant Resco 8, LLC operates, maintains and controls an establishment known as Piece Brewery and Pizzeria also known as Piece, located at 1927 W. North Avenue, Chicago, Illinois 60622, (the ?Establishment?) in this district. 10. Upon information and belief, in connection with the operation of the Establishment, Defendant Resco 8, LLC publicly performs musical compositions and/or causes musical compositions to be publicly performed. 11. Upon information and belief, Defendant Resco 8, LLC has a direct financial interest in the Establishment. Case: 1:16?cv?02300 Document 1 Filed: 02/17/16 Page 3 of 8 PagelD 12. Defendant Piece, LLC is a limited liability company organized and existing under the laws of the State of Illinois. 13. Upon information and belief, Defendant Piece, LLC is the manager of Defendant Resco 8, LLC With responsibility for the operation and management of Resco 8, LLC, and the Establishment. 14. Upon information and belief, Defendant Piece, LLC has the right and ability to supervise the activities of Defendant Resco 8, LLC and has a direct ?nancial interest in Resco 8, LLC, and the Establishment. 15. Piece, LLC has its principal of?ce in this district at 2630 N. Dayton, Coach House, Chicago, Illinois 60614. 16. Upon information and belief, Defendant William Jacobs is a manager of Defendant Piece, LLC with responsibility for the operation and management of Piece, LLC, Resco 8, LLC, and the Establishment. 17. Upon information and belief, Defendant William Jacobs has the right and ability to supervise the activities of Defendant Piece, LLC and has a direct ?nancial interest in Piece, LLC, Resco 8, LLC, and the Establishment. 18. Upon information and belief, Defendant William Jacobs resides in this district at 2630 N. Dayton, Coach House, Chicago, Illinois 60614. CLAIMS OF COPYRIGHT INFRINGEMENT 19. Plaintiffs repeat and reallege each of the allegations contained in paragraphs 1 through 18. 20. Since May 2014, BMI has reached out to Defendants over 70 times by telephone, in-person visits, email, and by mail to inform Defendants of their obligations under the Case: Document #2 1 Filed: 02/17/16 Page 4 of 8 PagelD #24 Copyright Act to obtain a license for the public performance of musical compositions in the BMI repertoire. The letters included Cease and Desist Notices informing Defendants that they must immediately cease all use musical compositions from the BMI Repertoire at the Establishment. 21. Plaintiffs three (3) claims of willful copyright infringement, based upon Defendants? unauthorized public performance of musical compositions from the BMI Repertoire. All of the claims for copyright infringement joined in this Complaint are governed by the same legal rules and involve similar facts. Joinder of these claims will promote the convenient administration of justice and will avoid a multiplicity of separate, similar actions against Defendants. 22. Annexed to this Complaint as a schedule (the ?Schedule?) and incorporated herein is a list identifying some of the many musical compositions whose copyrights were infringed by the Defendants. The Schedule contains information on the three (3) claims of copyright infringement at issue in this action. Each numbered claim has the following eight lines of information (all references to ?Lines? are lines on the Schedule): Line 1 provides the claim number; Line 2 lists the title of the musical composition related to that claim; Line 3 identifies the writer(s) of the musical composition; Line 4 identi?es the publisher(s) of the musical composition and the plaintiff(s) in this action pursuing the claim at issue; Line 5 provides the date on which the copyright registration was issued for the musical composition; Line 6 indicates the copyright registration number(s) for the musical composition; Line 7 shows the date(s) of infringement; and Line 8 identi?es the Establishment where the infringement occurred. 23. For each work identi?ed on the Schedule, the person(s) named on Line 3 was the creator of that musical composition. Case: 1:16-cv-02300 Document #2 1 Filed: 02/17/16 Page 5 of 8 PagelD #35 24. For each work identi?ed on the Schedule, on or about the date(s) indicated on Line 5, the publisher(s) named on Line 4 (including any predecessors in interest) complied in all respects with the requirements of the Copyright Act and received from the Register of Copyrights Certi?cates of Registration bearing the number(s) listed on Line 6. 25. For each work identi?ed on the Schedule, on the date(s) listed on Line 7, Plaintiff BMI was (and still is) the licensor of the public performance rights in the musical composition identi?ed on Line 2. For each work identi?ed on the Schedule, on the date(s) listed on Line 7, the Plaintiff(s) listed on Line 4 was (and still is) the owner of the copyright in the respective musical composition listed on Line 2. 26. For each work identi?ed on the Schedule, on the date(s) listed on Line 7, Defendants publicly performed and/or caused to be publicly performed at the Establishment the musical composition identi?ed on Line 2 without a license or permission to do so. Thus, Defendants have committed copyright infringement. 27. The speci?c acts of copyright infringement alleged in the Complaint, as well as Defendants? entire course of conduct, have caused and are causing Plaintiffs great and incalculable damage. By continuing to provide unauthorized public performances of works from the BMI Repertoire at the Establishment, Defendants threaten to continue committing copyright infringement. Unless this Court restrains Defendants from committing further acts of copyright infringement, Plaintiffs will suffer irreparable injury for which they have no adequate remedy at law. Case: 1:16-cv-02300 Document 1 Filed: 02/17/16 Page 6 of 8 PageID #26 WHEREFORE, Plaintiffs pray: I. that Defendants, their agents, servants, employees, and all persons acting under their permission and authority, be enjoined and restrained from infringing, in any manner, the copyrighted musical compositions licensed by BMI, pursuant to 17 U.S.C. 502; II. for judgment that Defendants? infringement has been willful; that Defendants be ordered to pay statutory damages, pursuant to 17 U.S.C. 504(0); IV. that Defendants be ordered to pay costs, including a reasonable attorney?s fee, pursuant to 17 U.S.C. 505; and V. that Plaintiffs have such other and further relief as is just and equitable. Dated: February 17, 2016 Charles A. La? Charles A. Laff(1558153) Paul R. Coble (6296105) MICHAEL BEST FRIEDRICH LLP Two Prudential Plaza 180 N. Stetson Avenue, Suite 2000 Chicago, Illinois 60601?6710 T: 312.222.0800; F: 312.222.0818 calaff@michaelbest.com pcoble@michaelbest.com Attorneys for Plaintz?s Case: Document 1 Filed: 02/17/16 Page 7 of 8 PagelD Schedule Line 1 Claim No. 1 Line 2 Musical Composition Crazy Line 3 Writer(s) Willie Nelson Line 4 Publisher Plaintiff/s) Songs LLC d/b/a Tree Publishing Line 5 Date(s) of Registration 3/6/89 10/16/61 Line 6 Registration No(s). RE 422-869 Ep 156698 Line 7 Date(s) of Infringement 8/23/2015 Line 8 Place of Infringement Piece Line 1 Claim No. 2 Line 2 Musical Composition Give It Away a/k/a Giveitaway Line 3 Writer(s) Anthony Kiedis; Michael Balzary a/k/a Flea; Chad Smith; John Frusciante Line 4 Publisher Michael Balzary, John Anthony Frusciante, Anthony Kiedis and Chad Gaylord Smith, a partnership d/b/a Moebetoblame Music Line 5 Date(s) of Registration 3/6/92 Line 6 Registration No(s). PA 561?585 Line 7 Date(s) of Infringement 8/23/2015 Line 8 Place of Infringement Piece Case: Document #2 1 Filed: 02/17/16 Page 8 of 8 PagelD #28 Line 1 Claim No. 3 Line 2 Musical Composition Say It Ain't 80 Line 3 Writer(s) Rivers Cuomo Line 4 Publisher Plaintiff/s) Rivers Cuomo, an individual d/b/a E. O. Smith Music Line 5 Date(s) of Registration 3/20/96 Line 6 Registration No(s). PA 787-865 Line 7 Date(s) of Infringement 8/23/2015 Line 8 Place of Infringement Piece