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Case 2:14-cv-07263-BRO-SH Document 36 Filed 12/16/14 Page 1 of 8 Page ID #:390
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Joseph E. Porter III (SBN 51350)
206 3rd Street
Seal Beach, California 90740
Telephone: (562) 493-3940
Facsimile: (562) 493-3670
Email: [email protected]
Harry E. Douglas IV (SBN 136877)
LAW OFFICES OF HARRY E. DOUGLAS IV
5482 Wilshire Boulevard, Suite 1600
Los Angeles, California 90036
Telephone: (213) 537-5070
Facsimile: (213) 927-3660
Email: [email protected]
Attorneys for Defendants,
James Edward McMillan
UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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AMETHYST KELLY, professionally
known as IGGY AZALEA
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Plaintiff,
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vs.
PRIMCO MANAGEMENT, INC, a
Deleware corporation; ESMG INC.,
a Nevada corporation; TOP SAIL
PRODUCTIONS, LLC a California
limited liability company;
MAURICE WILLIAMS a/k/a MAURICE
LASEL a/k/a Nuwine a/k/a Wine-O
a/k/a Hefe Wine a/k/a ENZO
WEINBERG a/k/a ENZO VALIDO
WEINBERG, doing business as
“WINE ENTERPRISES, INC.”a/k/a
“wineenterprises inc.” an
unknown entity, JAMES EDWARD
MCMILLAN, doing business as MAKE
MILLIONS MUSIC, INC.” a
dissolved New York corporation;
and DOES 3 to 10,
) CASE NO. CV -14-7263-BRO-SH
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) CROSS-COMPLAINT FOR DECLARATORY
) JUDGMENT
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Defendants.
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CROSS-COMPLAINT FOR DECLARATORY RELIEF
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JAMES EDWARD MCMILLAN
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Cross-Complainant,
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vs.
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AMETHYST KELLY professionall
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known as IGGY AZALEA; ISLAND
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RECORDS, a Division of UNIVERSAL )
MUSIC GROUP, INC., a Delaware
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corporation; SONY/ATV MUSIC
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PUBLISHING LLC, a limited
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liability company; SONY/ATV
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MUSIC PUBLISHING ACQUISITION,
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INC., a Delaware corporation,
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and Does 1 through 10, inclusive
________________________________
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Cross-Complainant, James Edward McMillan (hereinafter
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referred to as “McMillan”) hereby files his cross-complaint as
follows:
PARTIES
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1.
Cross-Complainant McMillan is an individual, and a resident
in the state of New York.
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Cross-Complainant McMillan does business as Make Millions
Music Inc. with respect to the acquisition and exploitation of
intellectual property rights in the entertainment industry.
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Defendant, Amethyst Kelly, professionally known as Iggy
Azalea (hereinafter referred to as “Azalea”)is a musical recording
artist, and cross-complainants are informed and believe Azalea
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is an individual, resident in the County of Los Angeles, State of
California.
4.
Cross-Defendant, Island Records, is a division of Universal
Music Group, Inc. (hereinafter referred to as “Island”), which is
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a Delaware corporation with headquarters in the city of Santa
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Monica, County of Los Angeles, State of California.(Island
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5. Cross-Defendant, Sony/ATV Music Publishing, LLC, is a
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limited liability company admitted and authorized to conduct
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business in the State of California, and with offices in the
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County of Los Angeles, State of California.
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6. Defendant, Sony/ATV Music Publishing Acquisition, Inc., is a
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Delaware corporation, admitted and authorized to conduct business
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in the State of California, and with offices in the County of Los
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Angeles, State of California. (Collectively, Sony/ATV Music
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Publishing, LLC and Sony/ATV Music Publishing Acquisition, Inc.
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shall be called the “Sony/ATV Defendants”)
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JURISDICTION AND VENUE
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7. Cross-complainant, McMillan alleges that jurisdiction in
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this court is proper under 28 U.S.C. §1338(a), as it is an action
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arising under Acts of Congress relating to copyrights namely, the
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Copyright Act of 1976, 17 U.S.C. §101 et seq. and pursuant to the
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Lanham Act, 15 U.S.C §1121.
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under the Declaratory Judgment Act, 28 U.S.C. §§2201-2202.
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8.
This Court also has jurisdiction
Venue is proper in this district pursuant to 28 U.S.C.
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§1400(a) and 1391 (b) and (c), as the Cross-Defendant, Azalea
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Defendant, is an individual resident in the District, and the
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Sony/ATV Defendants are subject to personal jurisdiction in this
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district, and are therefore deemed to reside here for purposes of
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venue.
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//
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BACKGROUND
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Cross-Defendant Azalea after signing a recording contract
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and transferring the masters to certain recordings under that
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contract, is now in a self serving and hypocritical manner
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claiming her signature is a forgery in an attempt to set aside a
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contract pursuant to which Cross-complainant, McMillan seeks to
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exploit the masters governed by that contract.
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Cross-complainant is informed and believes and thereon
alleges that for a period of at least a year, Maurice Williams
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(herein after “Williams”), the President of Wine Enterprises, Inc.
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nurtured and developed the musical talents of Azalea as she was
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attempting to enter into the music industry.
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11.
Cross-complainant is further informed and believes that
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during the period in which Williams was developing Azalea’s
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career, he introduced her to Kareem Chapman (herein after
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“Chapman”) of Grand Hustle Entertainment, the business entity
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through which multi-platinum recording artist T.I. produces and
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distributes his recordings.
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Cross-complainant alleges that after more than a year of
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working with, developing, and shepherding Azalea through her
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career, on February 14, 2009, Cross-defendant, Azalea, entered
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into a written recording contract (The “Azalea Recording
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Contract”) with Wine Enterprises, Inc., whose president is
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Williams.
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attached hereto as Exhibit 1.
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13.
A true and correct copy of the recording contract is
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pursuant the terms of the Azalea Recording Contract, cross-
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defendant, Azalea, agreed to among other things, (1) produce one
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album for Wine Enterprises in each contract term of twelve months
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for a period of four (4) contract terms(Contract pg.#2); (2)
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deliver one album of master recordings to Wine Enterprises in each
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contract term(Contract pg.#4); (3) execute and transfer to Wine
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Enterprises any and all copyrights to the master recordings
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delivered pursuant to the contract(Contract pg.#7); (4) allow Wine
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Enterprises to the use her then current and any future
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professional name in connection with the master recordings
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delivered pursuant to the contract(Contract pg#8); and (5) appear
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in any audio-visual recording produced by Wine Enterprises related
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to the compositions (Contract pg#16).
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14.
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alleges that during the initial term of the Azalea Recording
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Contract, Azalea delivered certain master recordings to Wine
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Enterprises, including but not limited to the compositions titled
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“Take My Picture”, “Daddy (U Ain’t My Daddy)”, “Them Song”, “G4 or
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Greyhound” and “Mars”. (hereafter referred to as the “Assigned
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Compositions”)
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15.
Cross-complainant further alleges that in or about March
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14, 2012, Wine Enterprises, Inc. transferred all right, title, and
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interest in and to the rights granted it by cross-defendant
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Azalea, to cross-complainant, McMillan. A true and correct copy of
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the Wine Enterprises Inc assignment to cross-complainant is
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attached hereto as Exhibit 2.
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16.
Cross-defendant, Azalea, now claims that she did not in
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fact sign the Azalea Recording Contract, and seeks to reclaim all
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her purported rights in the Assigned Compositions.
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17.
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alleges cross-defendant Azalea has entered into certain contracts
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and agreements with Cross-defendant Island Records, related to the
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production and distribution of certain master recordings of
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Azalea.
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cross-defendant Island Records is threatening to take action to
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prevent cross-complainant from exploiting cross-complainants
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rights in the Assigned Compositions.
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alleges cross-defendant Azalea has entered into certain contracts
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and agreements with Cross-defendant Sony/ATV, related to the
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exploitation of her copyrights in certain compositions.
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20.
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cross-defendant Sony/ATV is threatening to take action to prevent
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cross-complainant from exploiting cross-complainants rights in the
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Assigned Compositions.
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FIRST CAUSE OF ACTION
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(Declaratory Judgment Copyright Non-Infringement Against All
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Cross-Defendants)
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Cross-complainant realleges and incorporates by
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reference each and every allegation contained in Paragraphs 1
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through 20, inclusive, of the Cross-complaint as though set forth
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in full.
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22.
An actual and justiciable controversy has arisen and now
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exists between cross-complainant, McMillan, and Azalea, Island
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Records, and Sony/ATV concerning their respective rights related
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to the exploitation of the Assigned Compositions, the copyrights
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related to the Assigned Compositions, the use of the name Iggy
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Azalea related the Assigned Compositions, and the use of Azalea’s
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image and likeness related to the Assigned Compositions.
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Cross-complainant, McMillan, seeks a judicial
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determination and declaration of the parties respective rights to
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exploit the master recordings of the Assigned Compositions, their
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respective rights to the copyrights in the Assigned Compositions,
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their rights to use the image and likeness of Azalea, and the
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their rights to the use of
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Azalea’s current professional name,
Iggy Azalea.
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Cross-complainant is entitled to a judicial
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determination of his rights to the Assigned Compositions, and that
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his exploitation of the Assigned Composition does not constitute
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copyright infringement, the use of the name Iggy Azalea does not
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constitute trademark infringement, and the use of Azalea name and
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likeness related to the Assigned Compositions does not constitute
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a misappropriation.
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PRAYER FOR RELIEF
WHEREFORE, cross-complainant, James Edward McMillan, pray for
Judgment as follows:
1. A declaratory judgment that cross-complainant McMillan may
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exploit the Assigned Compositions, owns the copyrights in
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the Assigned Compositions, may use the name Iggy Azalea in
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the marketing of the Assigned Compositions, and may use her
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image and likeness related to the Assigned Compositions.
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2. That Defendants be awarded their costs and attorneys fees;
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and
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3. For such other and further relief as the Court deems just
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and proper.
Dated:
December 15, 2014.
LAW OFFICES OF
HARRY E. DOUGLAS IV
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__/s/Harry E. Douglas IV __
Harry E. Douglas IV, Esq.
Attorneys for Cross-Complainant
James Edward McMillan
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