LAW OFFICeS 0,

BARRY K. ROTHMAN
..... iJ ":
1901 AVENUE OF THE ST4RS i .' j"
SUITE 370
LOS ANGELES, CALIFORNIA 90067 \..'
.... "
TELEPHONE (310) 5570062
TELECOPIER (310) 557-9080
8'i __
Attorneys for Plaintiff Aza Productions, Inc.
UNITED STATES DISTRICT COURT
CENTR/\L DISTRICT OF CALIFORNIA
AZA PRODUCTIONS, D'JC., a California Ifl ri , < j 1 ~ o 09 602 ,/0 )
Corporation, II , t:.. ..... --- f!1iv H/rt Lr. JC
)
Plaintiff, ) COMPLAINT FOR COPYRIGHT
) INFRINGEMENT
vs. )
) DEMAND FOR A JUR Y TRIAL
CARLY RAE JEPSEN, an individual; )
TA VISH CROWE, an individual; JOSH )
RAMSAY, an individual; SB PROJECTS; )
SCHOOLBOY RECORDS; 604 RECORDS, )
fNC. A Canadian Corporation, SCOTT )
BRAUN, an individual; TUNECORE INC. A )
California Corporation and DOES 1-"16 )
)
Defendants )
COMPLAINT
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PlaintiffAza Productions, [nco ("Aza Productions") for its complaint allege as follows:
A. Introduction
I Plaintiff owns exclusive rights in the creative work. "Hunky Santa", which is a
musical composition written by Aza Yalanska embodied on an album entitled "High Speed."
"Hunky Santa,"as a song on the album "High Speed,"is entitled to copyright protection under a
Form SR filed February 14,2010. Aza Productions is informed and believes that by Defendants
substantially copying "Hunky Santa" and performing, recording and distributing that derivative
work, under the title "Call Me Maybe," Defendants have infringed on PlaintitTs rights with
reckless disregard of Plaintiffs intellectual property rights. Plaintiff asks that this Court enjoin
Defendants' activities and order Defendants to pay damages pursuant to the Copyright Act of
1976, 17 U .Sc. section 101 ef seq. (The "Copyright Act").
B. Jurisdiction and Venue
2. Plaintiff brings this action pursuant to 17 U.S.c. sections 101 ef seq. The Court
has jurisdiction over the subject matter pursuant to 28 USc. section 1331 and section 1338(a).
3. The events giving rise to the claim alleged herein, occurred, among other places,
within this judicial district. Venue in the Central District of California is proper pursuant to 28
U.S. C. Section 1391(b) and 1400 (a).
c. Aza Productions, Inc.
4. Aza Productions is a corporation duly organized and existing under the laws of
the State of California having its principal place of business in Los Angeles, California.
5. Plaintiff is engaged in the business of composing, producing and distributing
COMPLAINT
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musical compositions.
6. Plaintiff owns exclusive rights under the Copyright Act to the musical
compositions on the album "High Speed," one of which is "Hunky Santa", including the right to
reproduce, or license the reproduction and distribution of"Hunky Santa" in a variety of formats
in the United States, including, but not limited to, those copyrights that are the subject of the
copyright registration attached hereto as Exhibit A and incorporated herein by this reference.
Formats include Compact Disks, video cassettes, tapes, and individual song downloads.
7. The expression, music, lyrics, and other distinctive features of "Hunky Santa" are
wholly original with Plaintiff and are copyrightable subject matter under the Copyright Act.
8. Plaintiff has complied in all respects with the laws governing copyright and has
secured the exclusive rights and privileges in and to "Hunky Santa" and Plaintiff holds a
cet1ificate of registration and owns the exclusive right to reproduce and license the alhum "High
Speed" and the songs embodied on that album including "Hunky Santa" throughout the United
States.
9. "High Speed" and the song on that album "Hunky Santa" have been requested for
copyright in conformity with the provisions of the copyright laws. Plaintiff has complied with its
obligations under the copyright laws and Plaintiff has at all times been, and still is, the sole
proprietor or otherwise authorized to enforce all right, title and interest in and to the copyrights or
to enforce its exclusive rights in "Hunky Santa."
D. Defendants
10. Defendant Carly Rae Jepson ("Jepson") is a singer, performer and songwriter,
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COMPLAINT
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resident in Canada who does business in the State ofCalil()[niJ. Jepson wrote and recorded the
song "Call Me Maybe" in collaboration with Tavish Cro\ve, and Josh Ramsay. Plaintiff is
informed and believes that Jepson transacts business in this Judicial District through sales of
"Call Me Maybe" in this Judicial District among other places.
II.
Tavish Crowe ("Crowe") is a songwriter who Plaintiff is infol11led and believes
resides in Canada. Crowe along with Jepson and Josh Ramsay wrote the song "CaU Me Maybe."
Crowe does business in the State of California and Plaintiff is infonned and believes that Crowe
transacts business in this Judicial District through sales of "Call Me Maybe" in this Judicial
District among other places.
12.
Josh Ramsay ("Ramsay") is a songwriter and producer who Plaintiff is infol11led
and believes resides in Canada. Ramsay along with Jepson and Crowe wrote the song "Call Me
Maybe." Ramsay also produced the CD single and digital download of " Call Me Maybe."
Ramsay does business in the State of California and Plaintiff is informed and believes that
Ramsay transacts business in this Judicial District through sales of "Call Me Maybe" in this
Judicial District among other places.
13. Schoolboy Records is a record label which distributes songs and musical
compositions. Plaintiff is infol11led and believes that Schoolboy Records has its principal place
of business in California. Schoolboy Records is the United States label under which "Call Me
Maybe" was distributed. Plaintiff is informed and believes that Schoolboy Records transacts
business in this judicial district through the sales of "Call Me Maybe" in this judicial district
among other places.
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COMPLAINT
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l4. SB Projects is a business organization which. Plaintiff is informed and believes
owns and operates Schoolboy Records. SB Projects has its principal place of business in Los
Angeles, California. Schoolboy Records is the United States label under which "Call Me
Maybe" was distributed. Plaintiff is informed and believes that SB Projects transacts business in
this judicial district through the sales of "Call Me Maybe" in this judicial district among other
places.
IS. 604 Records Inc. is a record label which distributes songs and musical
compositions. Plaintiff is informed and believes that 604 Records has its principal place of
business in Vancouver, Canada. 604 Records is the Canadian label under which "Call Me
Maybe" was distributed. Plaintiffis informed and believes that 604 Records transacts business
in this judicial district through the sales of "Call Me Maybe" in this judicial district among other
places.
16. Scott Braun is a Talent Manager and producer. He is the manager of among
others, Justin Bieber. He is the owner and operator along with Justin Bieber of SB Projects and
Schoolboy Records. Plaintiff is informed and believes that Scott Braun resides in Los Angeles,
California. Scott Braun transacts business in this judicial district through the sales of "Call Me
Maybe" in this judicial district among other places.
17. Tunecore Inc. is a music publisher with its principal place of business in Burbank,
California. Tunecore, Inc. transacts business in this judicial district through the sales of "Call Me
Maybe" in this judicial district among other places.
18. Upon information and belief, Does I - . ~ -0 are either entities or indi viduals who are
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residents of or are present in this judicial district and are subject to the jurisdiction of the Court.
Upon information and belief, Does 1-10 are principals, supervisory employees, suppliers or
distributors of Defendants or other entities or individuals who, in this judicial district, are
distributing selling, or offering for sale "Call Me Maybe." The identities of the various Does are
unknown to Plaintiff at this time. The Complaint will be amended to include the names of such
individuals when identified. The Defendants and Does I }6are collectively referred to herein as
"Defendants."
19.
Plaintiff is informed and believes, and thereon alleges, that at all times herein
alleged, each of the Defendants named in this Complaint and each of the DOE Defendants were
the agents, employees, partners, co-venturers, and/or co-conspirators of each of the remaining
Defendants, and, in doing the things herein alleged, were acting within the course and scope of
such agency. employment, partnership, venture, and/or conspiracy, each with the permission,
consent, or ratification of each of the other Defendants.
20. Plaintiff is informed and believes and thereon alleges that SB Projects and
Schoolboy Records are, and at all times herein mentioned were, the alter ego of Defendant Scott
Braun and there exists, and at all times herein mentioned has existed, a unity of interest and
ownership between the SB Project s and Schoolboy Records on the one hand and Defendant
Scott Braun on the other hand such that any separateness between them has ceased to exist in that
Defendant Scott Braun has intermingled the assets of Schoolboy Records and SB Projects with
his personal assets and managed and controlled the business of Schoolboy Records and SB
Projects thereby evading payment of obligations owed to creditors. Adherence to the fiction of
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COMPLAINT
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the separate existence ofSB Projects and Schoolboy Records as entities distinct from Defendant
Scott Braun would permit an abuse of the corporate privilege and would promote injustice.
E. Defendants' Infringing Activities
21. Carly Rae Jepson, Tavish Crowe and Josh Ramsay wrote a song entitled "Call Me
Maybe" which is derivative of Plaintiffs' musical composition "Huoky Santa." "Call Me
Maybe" is a work which borrows, copies, and minimally rearranges the sounds fixed in "Huoky
Santa." Carly Rae Jepson, Tavish Crowe, and Josh Ramsay produced the derivative work
entitled "Call Me Maybe" without the consent of Plaintiff who owns the copyright to "Hunky
Santa."
22. Carly Rae Jepson recorded "Call Me Maybe" on the Canadian label 604 Records
and 604 Records distributed and sold CD singles and digital downloads of "Call Me Maybe" for
their own benefit without the consent of Plaintiff who owns the copyright to "Hunky Santa."
23. Carly Rae Jepson and 604 Records negotiated with Schoolboy Records, SB
Productions, and Scott Braun for the sale and distribution of "Call Me Maybe" on the United
States label Schoolboy Records. Schoolboy Records distributed and sold CD singles and digital
downloads of "Call Me Maybe" and organized a tour including Carly Rae Jepsen and Justin
Bieber all for the benefit of Schoolboy Records, SB Productions and Scott Braun without the
consent of Plaintiff who owns the copyright to "Hunky Santa."
24. Carly Rae Jepson, Tavish Crow and Josh Ramsay published "Call Me Maybe"
with Tunecore, Inc. who has benefitted from its publication of "Call Me Maybe" despite the fact
that "Call Me Maybe" infringes on the rights of Plaintiff and without the consent of Plaintiff who
___________________6 ~ _
COMPLAINT
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owns the copyright to "Hunky Santa."
By engaging in this conduct, Defendants have acted in willful disregard of laws
protecting 'Hunky Santa" and Plaintiff" copyright. Plaintiff has sustained and will continue to
sustain substantial damage to the value of the album,"High Speed"and the song "Hunky Santa."
F. Plaintiffs' Damages
26.
Plaintiff is informed and believes, and upon that basis alleges, that the Defendants
have each obtained gains, profits, and advantages as a result of their infringing activity in
amounts within the jurisdiction of the Court.
27.
Plaintiff is informed and believes, and upon that basis alleges, that it has suffered
and continues to suffer direct and actual damages as a result of Defendants' infringing conduct,
in amounts within the jurisdiction of the Court. In order to determine the full extent of such
damages. including such profits as may be recoverable under 17 USc. section 504, Plaintiffwill
require an accounting from each Defendant of all monies generated from the production, sale and
offer for sale of "Call Me Maybe." In the alternative, Plaintiff may elect to recover statutory
damages.
28.
Plainti ff has no other adequate remedy at law and has suffered and continues to
suffer irreparable harm and damage as a result of the above described acts. Plaintiff is informed
and believes, and upon that basis alleges, that unless enjoined by the Court, Defendants'
infringing activity will continue, with attendant irreparable hann to Plaintiff. Accordingly
Plaintiff seeks preliminary and permanent injunctive relief pursuant to IOU.S.c. section 502 and
seizure of the extant unsold copies of "Call Me Maybe" pursuant to 17 U.S.C. section 503.
___. 7 _
COMPLAINT
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29. f3y reason of the foregoing, Plaintiff has incurred and will continue to incur
attorney fees and costs which Plaintiffis entitled to recover from the Defendants, and each of
them, pursuant to 17 U.S.c. section 505.
30. Plaintiffis without an adequate remedy at law in that damages are difficult to
ascertain and, unless Defendants' acts are enjoined, Plaintiff will be irreparably harmed by
Defendants deliberate, systematic infringement of its rights.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff asks this Court to order that:
1. Defendants, their agents, servants, employees, representatives, successors and
assigns, and all persons, firms, corporations, or other entities in active concert or
participation with any of the Defendants, be immediately and permanently
enjoined for directly or indirectly infringing Plaintiffs work "Hunky Santa" in
any manner including generally but not limited to:
a. Reproducing, shipping, distributing, selling, or offering for sale
"Call Me Maybe" in any format;
b. Aiding or abetting the reproduction, distribution, selling or offering
for sale, "Call Me Maybe" in any format; or
c. Marketing, advertising and or promoting "Call Me Maybe' in any
format.
2. That Plaintiff and its designees are authorized to seize the following items which
are in Defendants' possession custody or control:
__________________8- _
COMPLAINT
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a. All copies of "Call Me Maybe:"
b. All product which reproduces, or copies "Call Me Maybe;"
3. Defendants are required to pay actual damages increased to the maximum extent
permitted by law and/or statutory damages at Plaintiffs election;
4. Defendants be required to account for and pay over to Plaintiff all damages
sustained by Plaintiff and profits realized by Defendants by reason of Defendants'
unlawful acts herein alleged and that those profits be increased as provided by
law;
5. Defendants be required to pay Plaintiff its costs of this action and reasonable
attorney fees; and
6. Plaintiff be granted all other and further relief the Court may deem just and proper
under the circumstances.
Dated: l\Jovember 1':2012 LA W OFFICES OF BARRY K. ROTHMAN
/
/l
/ ~ /
By: __-#- / - - - - - - ~ - - - - - - -
Barry . othman
Attorneys for Plaintiff Aza Productions, Inc.
9
COMPLAINT
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DEMAND FOR JURY TRIAL
Pursuant to Federal Rule of Civil Procedure 38(b), plaintiff, Plaintiffs hereby demand a
trial by jury of all issues so triable.
Dated: November \ ~ 2 0 1 2 LAW OFFICES OF BARRY K. ROTHMAN
By: ------I-I---!.-.j- _
Barry K. Rothman
Attorneys for Plaintiff Aza Productions, Inc.
________________1
COMPLAINT
1
Exhibit A
--------
FORM SR
For a Sound Recording
UNITED STA TES r OFFICE
REGIS TRA, TiON NUMBER
SR SRU
tf'FEC TIVE DA fE OF REGISTRA TION
Month Oay Year
00 NOT WRITE ABOVE THIS LINE IF YOU NEED MORE SPACE, USE A SEPARATE CONTINUATION SHEET.
...._,,,,, ............_ ....,,,,,...._ ....,,,,,,_,,,,,,__..,... --...ez1' ETt;,w:.:;: ""'$ f5'
1
TITLE OF THIS WORK T
HIGH SPEED
PREVIOUS. ALTERNATNE. OR CONTENTS TITLES (CIRCLE ONE) T
NONE
2
NAME OF AlJrHOR '"
a
AZA PRODUCTIONS, INC
Was this conlribulion W the ....,,'ork a AUTHOR'S NATIONALITY OR DOMICILE WAS THrS AUTHOR'S CONTRIBUTION TO
.......vork made for hire'""')
Name 01 Country
THE WORK II the answer 10 eilher
of these Queslions IS
;/Yes OR{Cilile" of .. U_S_A _
Anonymous? :J Yes
"Yes.- see detailed
:J No DomIciled in _ USA Instructions
Pseudotlymous? .J Yes
NATURE OF AUTHORSHIP Bricny describe nature or malerial created by (his author Hl which (opyrighlls claimed T
SOUND RECORDING AND UNDERLYING WORDS AND MUSIC
NOTE
Unae' Ihe law NAME OF AUTHOR '" OATES OPBIRTH AND DEATH
the aulhor- of l
Year Born T Yedf Died '"
a wodl. made )
lor hire" is __ _
genO'ally Ihe Was lhisconlribulion lO the work a AUTHOR'S NATIONAL/Tl' OR DOMICILE WAS THIS AUTHOR'S CONTRIBUnON TO
'work made for hire'"") Name of Counfry ruE WORK lithe answer to eIther
of these questions IS
C r
(see instruc ::J Yes OR iriZe. no. . Anonymous" :J Yes .J No "Yes'- see detailed
lions). For any {
pan 01 thIs 0 No Domlrilen PseUdonymous? J Yes :J No instructions
was NATURE OF AUTHORSHIP lJrieny describe n3lUre or material by (his author in which copyrigtH is claimed 'Y
hire'- ctleck
-Yes In lhe
space
NAME OF AUTHOR T DATES OF BIRTH AND DEATH
provided. give
the employer C
Year Born T Year Died '"
(or olher _
porson for
whom the ..... ork Was this conlribu(ion to {he work a
was prepared) 'work made for hire':
as 01
J Yes
that part, and
leave (he ONo
space (or dare s
of birth and NATURE OF AUTHORSHIP
death blank
AUTHOR'S NAT10NALITY OR DOMICILE WAS TIUS AUTHOR'S CONTRIBUTION TO
Name of Country
THE WORK lithe answerto .,the'
of these q\.f6stiom: is
OR{CitiZen of Anonymous?
=:J Yes a No "Yes,-seedetailed
Domiciled instructions
- Pseudonymous? ::J Yes Cl No
Briefly describe nature of matelial crealed by this author in which copyright is claimed T
YEAR [N WHICH CREATION OF THIS DATE AND NATION OF FIRST PUBLICATION OF THIS PARTICULAR WORK
WORK WAS COMPLETED
This ComplebB this infonnation
Mon"'''
____ Oay" Yea'"
OHLY if Ihis ...0<1<
hn been pubtish&d.
... Nation 3
a b 2010
'If YMr
____________N_O_T PUBLISHED
APPLICATlON RECEIVED
COPYRIGHT CLATh1ANT(S) Name and address must be given even if <he c1aiman' is the same as
the author given in space 2.....
'" ONE DEPOSIT RECEIVED
>
"'..l
:cZ
a
AZA PRODUCTIONS INC
",0
See instructions

TWO DEPOSITS RECEIVED
before completing
"
this space
TRANSFER [[ (he c1aim"Ill(S) named here in space 4is (Me) different from the author(s) named in b!!
b
o
space 2. give a brief 5{a(emcnt of how Ihe c1aima.nt(sJ obtained ownership of (he copyright. Y
FUNDS RECEIVED
MORE ON BACK... . Complete .all applicable spaces (numbers 59) on tl1e reverse side of this page
See deta4led instrue.tions Sign 1n6 'orm al hne 6.
Page 1of pages
4
- ----------
..; ... ..
BY <;R
(H[( kl:LJ BY
"or
CORRE'SPONDfNCL
, ,OPyRIC,H T
J Yes
OFFICE
USE
ONLY
DO NOT WRITE ABOVE THIS LINE. IF YOU NEED MORE SPACE. USE A SEPARATE CONTINUATION SHEET.
OO;! :a ,$,lSCr f"n "''''''''''''''''i:!#tI ..
PRE VIGUS RECCSTRATfON Hils registration for thLS work Dr for an earlier \:er\ICln ('If this work aJrl',lciI, hren mdd{' 10 (he COP\ ((ghr Office?
.J Yes i No If your answer IS "Yes." why tS mother regtSlriHtOrl Delflg soughl) (C!le;:k ,]pproprlJte oox) "f""
a J 1 IllS \VOL k '.... ,1'50 regisfered lfl unpubtL5hed f0fTll dod nn....... has l:H:'en f-Jubh'\hed for the (jr)t {lltll'
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b g" ThIs IS tlH' fir":>l ...l.ppIIL,ilJOn submllled by tilLS ,]vlhor .b '--opy-Tlgh1 daHnilfH
c J fh,s IS a dldnged version of the \!\Jork. as shown by 6 on 'hiS dppilc,][Iufl
If your ,mS","\', ,', Yes."' gl":!' Previous Regis(ra{jon Number ..,
-----_._---._--------- ---_. -----
DERIVATIVE WORK OR COMPILATION
Preexisting MateriaJ Identify any preexisting work or lvorks lh;JI ,l1is wf)rk ,,, based on Uf In(OlpGrJleS ..
See ,nS!(\.Ic{.Qns
before comp1ehng
{hIS sp.::lce
MacenaJ Added 10 This Work Give a brier. general statemC'nt of the malenal {hat h,]$ been added {O (his \Vork <ind If, whlrh cop)'righl 1<; claimed ..,
b
. N!JL
...en I _ __"""'''''''''"m.. ..
DEPOSiT ACCOUNT If the regislralion fet:' IS to lH.' (hMged In Ut'POSI( A((Ounl e'){ablished In the Copyrlghl Offlre give nanl\' dlld number of Account
Name" Account Number T
7
a
CORRESPON OENCE Give name and address to which COl I e<,ponn('nce about app!iGt{IOn should!)C" sell( Name.' , Adrlrf'ss;" ApI /C,ly/Sl.llc/Z1P ..
b
------------ -_._-- ------
Area code and d.ay1,me le1ephone number .... 323 - 336 7 966 Fa .. number ....
Em.i1 AZA"..ANY@YAHOO. COM
..... "'w ........... __ _ _ __"".... "'''''''......''''''......,_h.''Ei: ,...,_.... ... __.. Lp irS __ ..............""".... .... ........ .... l.e"' .. ....... ""'
CERTIFICAnON" I 'he underSigned. hereby <er1ify thai I am the
Check only one T
i'au[hor =:l owner of exclusive right{sJ
8
wother copyrighl claimant .=:l aUlhorized agent of _
Name of author or other copyrighl daimanl. or owner 01 exclusive righl{S) .....
of the work idenlified in lhis applicalion and that {he s[atemenrs made by me in [his appJicallon are COrTe({ lO the best of my knovvledge
r ...._ ....__........ ""'.._ ....
Typed Of printed name and dare T If tJti.o;. application Rives a date of publiciHion in space 3. do not sign and submit i( before {hal date.
AZA YALANSKA FOR AZA PRODUCTIONS, INC Dale" FEB 14 2010
A?A PR od!Uir'on f /
____ C__ __
The fee is $20.00 effective through June 30, 1999. Afterthatdale, please write the Copyright Office, check the Copyright
Office Website at http://www.loc.gov/copyright, or call (202j 707-3000 for the latest fee information.
Mail
certificate
10:
NameT
AZA YALANSKA
SEND ALL 3 ELEMENTS
IN THE SAME PACKAGE.
9
Number/Street/Apt ..
1. ApplicaUon form
Certificate
will be
100 SOUTH DOHENY DR
2. Nonrefundable j';ling fee in dleek Of fflOOey
orner payab4e to Register of Copyrighrs
3. Deposit materiaf
mailed in
City/State!ZIP ..
...,'11..
window
envelope
LOS ANGELES CA 90048
"17 U.S.C. S06(e): Any P1!1'Wt1 who knowingly makes a false fePfesentation of .. matf!nal fad in the application for copyright registration ptovided fOf' by sedton 409. Of in any written slalernent filed in COMedion
wittlltre applicaljon. shall be ftned nof more than $2.500.
Seplember 1991-60.000 \II PRIHtEQONR[cYClEOPAP[Q tlUS GOVERNMENT PRINTING OFFICE 1997-417.750150.019
_O]i'-OJ-i l
'1'1 l 1e : HLH 5PEfT.
Ce s ,; [ i Pt i 0 rt . CUIl1pact ;j Lie_
Copyright rlaimant:
AJI, PRODIJCTION:), INC.
Dati" of Creation: 20]0
AUll,orship on P.pp]ication:
AZA PRODUCTIDNS, INC, employee! for hire; Domi ci Ie: Unlted
States; Citizenship: United States. Authorship SOUND
RECORDING AND UNDERLYING WORDS AND MUSIC.
Names: AZA PRODUCTIONS, INC
9/24/2012