GMR v. One Putt
GMR v. One Putt
GMR v. One Putt
17 Defendant.
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19 Plaintiff Global Music Rights, LLC (“GMR”), by and through its attorneys,
20 states the following as its Complaint against One Putt Broadcasting, LLC, JSA
21 Broadcasting Corporation, and John Ostlund (collectively, “Defendants”):
22 PRELIMINARY STATEMENT
23 1. Musical compositions are intellectual property and, in the case of
24 “hit” compositions, highly valuable intellectual property. United States law grants
25 to copyright owners certain exclusive rights, including the right to authorize others
26 to perform publicly their music. See 17 U.S.C. § 106.
27 2. Terrestrial radio companies perform compositions to drive
28 listenership which, in turn, drives advertising and other forms of revenue. Before
COMPLAINT FOR COPYRIGHT
INFRINGEMENT
Case 1:22-cv-01262-ADA-SAB Document 1 Filed 10/04/22 Page 2 of 16
1 California, and Defendants have caused injury to GMR within the State of
2 California and in this judicial district.
3 12. Venue is proper in this judicial district pursuant to 28 U.S.C. §
4 1400(a), and 28 U.S.C. § 1391(b).
5 PARTIES
6 13. Plaintiff GMR is a Delaware limited liability company with its
7 principal place of business at 1100 Glendon Avenue, Suite 2000, Los Angeles,
8 California 90024.
9 14. GMR is a performance rights organization, or PRO. As a PRO, GMR
10 represents owners of copyrights in musical works in licensing the public
11 performance of those works.
12 15. GMR represents an elite roster of over 100 premium songwriters and
13 associated publishers. These songwriters and publishers have granted GMR the
14 right to license to others the GMR Compositions. GMR has the right to license
15 their works, collect applicable license fees for performances of those works, remit
16 payments, and enforce the intellectual property rights in court if necessary.
17 16. One Putt Broadcasting, LLC is a California limited liability company
18 with its principal place of business at 1415 Fulton St, Fresno, California 93721.
19 17. JSA Broadcasting is a California corporation with its principal place
20 of business at 1415 Fulton St, Fresno, California 93721.
21 18. John Ostlund is a resident of the State of California. On information
22 and belief his principal place of business at 1415 Fulton St, Fresno, California
23 93721.
24 19. Defendants are major media companies and the owner of major
25 media companies that during the relevant period in this case owned radio stations
26 in California, including but not limited to the following stations: KJFX-FM,
27 KJWL-FM, KYNO-AM, KWDO-FM, and KFRR-FM.
28 THE COPYRIGHTED WORKS
COMPLAINT FOR COPYRIGHT
-4- INFRINGEMENT
Case 1:22-cv-01262-ADA-SAB Document 1 Filed 10/04/22 Page 5 of 16
1 2014;5 Ed Christman, Prince Estate Taps Azoff’s Global Music Rights to Oversee
2 Artist’s Entire Catalog, BILLBOARD MAGAZINE, Jan. 11, 2017.6 Another
3 PRO, BMI, posted a notice on its website notifying licensees that a number of
4 songwriters previously affiliated with BMI had joined GMR and that a license
5 from BMI would no longer permit the public performance of those songwriters’
6 compositions.
7 29. Defendants made a willful, calculated, and strategic decision not to
8 obtain prior authorization to perform publicly the GMR Compositions and hope
9 that GMR would not find out or would choose not to enforce its rights. On
10 multiple occasions between January 2017 and the present, GMR offered
11 Defendants the opportunity to license GMR Compositions for public performance
12 and warned Defendants that their stations were not authorized to perform publicly
13 the GMR Compositions unless Defendants secured and paid for a license:
14 30. The first written proposal from GMR to Defendants was in January
15 2017. It stated: “GMR has agreed to offer a 9-month . . . license to [Defendants] .
16 . . If you choose to enter into this . . . license, stations owned by [Defendants]. . .
17 may publicly perform GMR’s repertory . . . .” Defendants did not submit a signed
18 license, and did not pay GMR any money.
19 31. In March 2017, GMR sent Defendants another communication,
20 stating: “We write to follow up on our attempts to contact you concerning your
21 radio station group and GMR compositions. GMR offered [a] . . . license to radio
22 station groups seeking to use GMR compositions . . . To date, we have not
23 received a signed agreement or payment from you. Accordingly, you are not
24
25
5
Available at https://www.billboard.com/articles/business/6188942
26 /pharrell-to-leave-ascap-for-irving-and-grimmets-global-music-rights (last accessed
27 October 3, 2022).
6
Available at https://www.billboard.com/articles/business/7654288/prince-global-
28
music-rights-gmr-performance-licensing-deal (last accessed October 3, 2022).
COMPLAINT FOR COPYRIGHT
-7- INFRINGEMENT
Case 1:22-cv-01262-ADA-SAB Document 1 Filed 10/04/22 Page 8 of 16
1 were able to attract more listeners, which in turn allowed them to obtain additional
2 advertising revenues.
3 CLAIM FOR RELIEF
4 COUNT I
5 (Direct Copyright Infringement – Public Performance)
6 43. GMR incorporates herein by this reference each and every allegation
7 contained in paragraphs 1 through 42 above.
8 44. The copyrights to the GMR Compositions have been registered with
9 the United States Copyright Office.
10 45. GMR has the exclusive third-party right to authorize others to
11 publicly perform the GMR Compositions.
12 46. Defendants have infringed the copyright interests in the GMR
13 Compositions by performing the GMR Compositions on their radio stations
14 without authorization, in violation of the Copyright Act, 17 U.S.C. §§ 106 and
15 501.
16 47. Defendants’ acts of infringement are willful, intentional, purposeful,
17 and in disregard of and indifferent to the rights of GMR and those of the
18 songwriters it represents.
19 48. As a direct and proximate result of Defendants’ willful and infringing
20 uses of the GMR Compositions, GMR is entitled to maximum statutory damages
21 of $150,000 for each copyright infringed, damages and to Defendants’ profits in
22 amounts to be proven at trial, and/or such other amount as may be proper under 17
23 U.S.C. § 504(c).
24 49. GMR is further entitled to recover its attorneys’ fees and costs
25 pursuant to 17 U.S.C. § 505.
26 50. As a result of Defendants’ acts and conduct, GMR has sustained and
27 will continue to sustain substantial, immediate, and irreparable injury, for which
28 there is no adequate remedy at law. GMR is informed and believes, and on that
COMPLAINT FOR COPYRIGHT
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Case 1:22-cv-01262-ADA-SAB Document 1 Filed 10/04/22 Page 11 of 16
1 basis avers, that unless enjoined by this Court, Defendants will continue to
2 infringe GMR’s rights in the GMR Compositions. GMR is entitled to permanent
3 injunctive relief to restrain and enjoin Defendants’ continuing infringing conduct.
4 JURY DEMAND
5 51. Plaintiff demands trial by jury on all issues so triable.
6 PRAYER FOR RELIEF
7 WHEREFORE, GMR requests that the Court enter judgment in its favor and
8 against Defendants as follows:
9 a) That Defendants have violated Section 501 of the Copyright Act (17
10 U.S.C. § 501);
11 b) Require Defendants to pay maximum statutory damages in an amount
12 not less than $150,000 per GMR Composition as permitted in 17
13 U.S.C. § 504(c), or pursuant to 17 U.S.C. § 504(b), GMR’s actual
14 damages plus Defendants’ profits from infringement, in an amount to
15 be proven at trial, and such further damages as permitted by
16 applicable law;
17 c) That Defendants, their agents, servants, employees, and all persons
18 acting under its permission and authority, be preliminarily and
19 permanently enjoined and restrained from infringing, in any manner,
20 the GMR Compositions, pursuant to 17 U.S.C. § 502;
21 d) That Defendants be ordered to pay costs, including reasonable
22 attorney fees, pursuant to 17 U.S.C. § 505; and
23 e) Such other and further relief as the Court may deem just and proper.
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COMPLAINT FOR COPYRIGHT
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Case 1:22-cv-01262-ADA-SAB Document 1 Filed 10/04/22 Page 12 of 16
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Dated: October 4, 2022 Respectfully submitted,
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5 By: /s/ Stephen J. McIntyre
6
Daniel M. Petrocelli
7 [email protected]
8 David Marroso
[email protected]
9 Stephen J. McIntrye
10 [email protected]
O’MELVENY & MYERS LLP
11 1999 Avenue of the Stars
12 Los Angeles, California 90067
Telephone: (310) 553-6700
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14 Attorneys for Global Music Rights,
LLC
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COMPLAINT FOR COPYRIGHT
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Case 1:22-cv-01262-ADA-SAB Document 1 Filed 10/04/22 Page 13 of 16
1 EXHIBIT A
2
GMR COMPOSITIONS INFRINGED BY DEFENDANTS
3
4 No. Composition Title
1. 99
5 2. 4TH OF JULY
3. ABRACADABRA
6
4. AGAINST THE WIND
7 5. ALIVE
6. ALL NIGHT LONG
8 7. ANY WAY YOU WANT IT
9 8. APOLOGIZE
9. ASK THE LONELY
10 10. ATHENA
11 11. BADLANDS
12. BEAUTIFUL LOSER
12 13. BEING WITH YOU
14. BETTER MAN
13
15. BIG LOVE
14 16. BLACK
17. BLACK HOLE SUN
15 18. BLINDED BY THE LIGHT
16 19. BLOW UP THE OUTSIDE WORLD
20. BORN IN THE U.S.A.
17 21. BORN TO RUN
18 22. BURDEN IN MY HAND
23. CADILLAC RANCH
19 24. COVER ME
25. CRASH INTO ME
20 26. CUTS LIKE A KNIFE
21 27. DANCING IN THE DARK
28. DO I WANNA KNOW?
22 29. DO YOU HEAR WHAT I HEAR?
23 30. DON'T STOP BELIEVIN'
31. DON'T TREAD ON ME
24 32. EMINENCE FRONT
33. ENTER SANDMAN
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34. EVEN FLOW
26 35. FADE AWAY
36. FAITHFULLY
27 37. FEEL LIKE A NUMBER
28 38. FEELS LIKE THE FIRST TIME