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JS 44C/SDNY REV. 7/2012

iH|E1 ^ ^'Aw/Oft/CIVIL COVER SHJEET

The JS-44 civil cover sheet and the information contained herein neitlw iitrB replfce^r ref supplSrieiitWe filing $|dllrvice pleadings or other papers as required by law, except as provided hpltca l^wcal rulefcpf court*TTiis TOrm, app%^H by tfi^
Judicial Conference of the United States in September 1974, is required for use of the Clerk of Court for the purpose'of
initiating the civil docket sheet.
PLAINTIFFS DEFENDANTS

TUFAMERICA, INC.

VIVENDI SA, UNIVERSAL MUSIC GROUP, INC., UNIVERSAL MUSIC GROUP INTERNATIONAL LTD., UNIVERSAL MUSIC LLC, UNIVERSAL

SIGMA UAPANV UNIVERSAL MUSIC PLC. RUSSIA

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER Kelly D. Talcott, Law Offices of Kelly D. Talcott, PO Box 43, Sea Cliff, NY
11579,516.515.1545

ATTORNEYS (IF KNOWN)

CAUSE OFACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OF CAUSE)
(DO NOTCITE JURISDICTIONAL STATUTESUNLESSDIVERSITY)

17 USC 501 et. seq.

Hasthis ora similar case been previously filed in SDNY at anytime? No

[x] Yes |~J JudgePreviously Assigned

If yes, was this case Vol. [~j Invol.

Dismissed. No

Yes

If yes, give date

&Case No.

IS THIS AN INTERNATIONAL ARBITRATION CASE? No [jjjj|

(PLACE AN[x] IN ONEBOX ONLY)
TORTS

Yes
NATURE OF SUIT
ACTIONS UNDER STATUTES

CONTRACT

PERSONAL INJURY
INSURANCE MARINE MILLER ACT NEGOTIABLE INSTRUMENT RECOVERY OF OVERPAYMENT &

PERSONAL INJURY

FORFEITURE/PENALTY

BANKRUPTCY

OTHER STATUTES

[ [ I [

] 110 ]120 ] 130 ]140

[ ]310 AIRPLANE [ ]315 AIRPLANE PRODUCT

LIABILITY

[ ]362 [ ]365 [ ] 368

[ ]320 ASSAULT, LIBEL &

SLANDER

PERSONAL INJURY MED MALPRACTICE PERSONAL INJURY PRODUCT LIABILITY ASBESTOS PERSONAL INJURY PRODUCT
LIABILITY

[]610 [ ]620
[ 1625

AGRICULTURE

[ ] 422 APPEAL
28 USC 158

[ ]400
[ I [ [ [ 1410 1430 J450 ]460 ]470

STATE REAPPORTIONMENT

OTHER FOOD &

DRUG

[ ]423 WITHDRAWAL
28 USC 157

DRUG RELATED
SEIZURE OF PROPERTY

[ ] 150

[ ]330 FEDERAL
EMPLOYERS' LIABILITY

21 USC 881

PROPERTY RIGHTS

ENFORCEMENT
OF JUDGMENT

[J 151 | ] 152

MEDICARE ACT RECOVERY OF DEFAULTED STUDENT LOANS

[ ]340 MARINE [ ]345 MARINE PRODUCT

LIABILITY

PERSONAL PROPERTY

[ ]350 MOTOR VEHICLE [ ]355 MOTOR VEHICLE [ 1360

PRODUCT LIABILITY OTHER PERSONAL
INJURY

[]370 OTHER FRAUD [ ]371 TRUTH IN LENDING [ ]380 OTHER PERSONAL

PROPERTY DAMAGE

1 [ [ [

]630 ]640 ]650 J660

LIQUOR LAWS

RR & TRUCK AIRLINE REGS OCCUPATIONAL

SAFETY/HEALTH OTHER

M820 COPYRIGHTS [ ] 830 PATENT [ ] 840 TRADEMARK

ANTITRUST BANKS 4 BANKING COMMERCE DEPORTATION RACKETEER INFLU ENCED & CORRUPT ORGANIZATION ACT (RICO)

(EXCL VETERANS)
[ ] 153
RECOVERY OF

[ ]690

SOCIAL SECURITY LABOR

[ [ [ [

] 480 ]490 ]810 ]850

CONSUMER CREDIT
CABLE/SATELLITE TV SELECTIVE SERVICE SECURITIES/
COMMODITIES/ EXCHANGE

[ ]385

OVERPAYMENT
OF VETERAN'S BENEFITS

PROPERTY DAMAGE PRODUCT LIABILITY

M710 [ ]720
PRISONER PETITIONS

I ] 160

STOCKHOLDERS
SUITS OTHER CONTRACT

FAIR LABOR STANDARDS ACT LABOR/MGMT

RELATIONS LABOR/MGMT

( [ [ [ [

]861 ]862 ] 863 ] 864 ]865

HIA(1395ff) BLACK LUNG (923) DIWC/DIWW (405(g)) SSID TITLE XVI RSI (405(g))

[ ]875

CUSTOMER

[ ]890

CHALLENGE 12 USC 3410 OTHER STATUTORY ACTIONS

[ ]730 [ 1510
ACTIONS UNDER STATUTES
CIVIL RIGHTS MOTIONS TO VACATE SENTENCE 20 USC 2255
HABEAS CORPUS

CONTRACT PRODUCT
LIABILITY

I ] 1S6 l-KANCHISE

REAL PROPERTY

[ ]441 VOTING [ ]442 EMPLOYMENT [ ]443 HOUSING/

ACCOMMODATIONS

( ]530 [ J535 []540

[J740 []790

REPORTING & FEDERAL TAX SUITS DISCLOSURE ACT RAILWAY LABOR ACT []870 TAXES (U.S. Plaintiff or
OTHER LABOR LITIGATION EMPL RET INC SECURITY ACT

[ ] 891 AGRICULTURAL ACTS [ ]892 ECONOMIC

STABILIZATION ACT

( ]893

ENVIRONMENTAL

DEATH PENALTY
MANDAMUS & OTHER

Defendant) [ ] 871 IRS-THIRD PARTY

26 USC 7609

MATTERS

[ ]894 ENERGY
ALLOCATION ACT

M791

[ ]895 FREEDOM OF
INFORMATION ACT

IMMIGRATION

[ ]210

LAND

I ]220 [ ]230
| ]240 |]245 [ ]290

CONDEMNATION FORECLOSURE
RENT LEASE 8, EJECTMENT TORTS TO LAND TORT PRODUCT LIABILITY ALL OTHER REAL PROPERTY

[ ]444 WELFARE [ J445 AMERICANS WITH

DISABILITIES EMPLOYMENT

[ ]900 APPEAL OF FEE

DETERMINATION UNDER EQUAL

PRISONER CIVIL RIGHTS

[ ]462

NATURALIZATION

[ ]550 [ ]555

CIVIL RIGHTS

PRISON CONDITION

11463 [ 1465

[ ]446 AMERICANS WITH

DISABILITIES -OTHER

APPLICATION HABEAS CORPUSALIEN DETAINEE OTHER IMMIGRATION

ACTIONS

ACCESS TO JUSTICE

[ ]950 CONSTITUTIONALITY
OF STATE STATUTES

[ ]440 OTHER CIVIL RIGHTS (Non-Prisoner)

Check if demanded in complaint:

CHECK IF THIS IS A CLASS ACTION

UNDER F.R.C.P. 23

DO YOU CLAIMTHIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.?

IF SO, STATE:

DEMAND $

OTHER

JUDGE

DOCKET NUMBER

Check YES onlyif demanded in complaint

JURY DEMAND: DYES NO

NOTE: Please submit at the time of filing an explanation of whycases are deemed related.

(PLACE AN x IN ONE BOX ONLY)

ORIGIN I I3 Remanded
from

_3 1 Original
Proceeding

fj 2 Removed from
State Court

I | 4 Reinstated or
Reopened

| | 5 Transferred from L_ 6 Multidistrict

(Specify District) Litigation

I I 7 Appeal to District
Judge from Magistrate Judge Judgment

L-'

a. all parties represented

party is pro se.

Appellate
Court

I I b. Atleastone

(PLACE AN x IN ONE BOX ONLY)

BASIS OF JURISDICTION

IF DIVERSITY, INDICATE
CITIZENSHIP BELOW.

1 U.S. PLAINTIFF

2 U.S. DEFENDANT _ 3 FEDERAL QUESTION

(U.S. NOT A PARTY)

Q4 DIVERSITY

(28 USC 1332,1441)

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)

(Place an [X] in one boxfor Plaintiff and one boxfor Defendant)
PTF DEF PTF DEF

PTF

DEF

CITIZEN OF THIS STATE

in

in

CITIZEN OR SUBJECT OF A FOREIGN COUNTRY

[ ]3 [ ] 3

INCORPORATED __ PRINCIPAL PLACE

OF BUSINESS IN ANOTHER STATE
FOREIGN NATION

[]5
16

[)5

CITIZEN OF ANOTHERSTATE

[ ]2

[ ]2

INCORPORATED or PRINCIPAL PLACE

OF BUSINESS IN THIS STATE

[ ]4 [ ]4

PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)

TufAmerica, Inc., 246 W. 38th St., New York, NY 10018 (New York County)

DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)

Vivendi, SA, 800 Third Ave., NY, NY 10022 (NY); Universal Music Group, Inc. 2220 Colorado Avenue, Santa Monica, CA 90404; Universal Music Group Int'l Ltd, 364-366 Kensington High St, London, W14 8NS, UK; Universal Music LLC and Universal Sigma (Japan), each at 107-8583 Tokyo, Minato-ku, Akasaka 8-chome, No. 5 No. 30, Japan; Universal Music Pic, Russia, Kutuzovskiy prospect, 36, bid. 23,
office 418, 121170 Moscow, Russia
DEFENDANT(S) ADDRESS UNKNOWN

REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TOASCERTAIN THE
RESIDENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

Check one:

THIS ACTION SHOULD BE ASSIGNED TO:

SJGNAftrW rTURCOfA^

WHITE PLAINS

[X] MANHATTAN

(DO NOT checkeither box ifthis a PRISONER PETITION/PRISONER CIVIL RIGHTS COMPLAINT.)
ADMITTED TO PRACTICE IN THIS DISTRICT

[ ] NO
RECEIPT #

M YES (DATE ADMITTED Mo^ 0fA

* r <i. , , a V"

Yr. 89

=!

Attogiey Bar Codefi^KttT?

Magistrate Judge is to be designated by the Clerk of the Court.

Magistrate Judge
Ruby J. Krajick, Clerk of Court by
. Deputy Clerk, DATED.

is so Designated.

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

TUFAMERICA, INC., Plaintiff,

v.

-It Indl
COMPLAINT

VIVENDI SA, UNIVERSAL MUSIC GROUP, INC., UNIVERSAL MUSIC LLC, UNIVERSAL MUSIC GROUP INTERNATIONAL LIMITED, UNIVERSAL MUSIC JAPAN,

UNIVERSAL SIGMA (JAPAN),

UNIVERSAL MUSIC PLC, RUSSIA
Defendants.

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Plaintitt TutAmerica, Inc. ("TufAmerica"), by and through its undersigned counsel^

alleges as follows:
PARTIES

Plaintiff TufAmerica, Inc. is a New York corporation with a place of business

at 10 West 371'1 Street, Suite 601, New York, New York.

2. Upon information and belief, defendant Vivendi SA ("Vivendi") is a company

organized under the laws of France with a New York office at 800 Third Avenue, New
York, NY 10022.

Upon information and belief, defendant Universal Music Group, Inc.

("UMG") is a Delaware corporation authorized to do business in New York and having a

business address at 2220 Colorado Avenue, Santa Monica, CA 90404. Upon information and belief, defendant Universal Music Group, Inc. is owned or controlled by defendant
Vivendi SA.

4.

Upon information and belief, defendant Universal Music Group International

Limited ("UMG International") is a United Kingdom limited company and having a

business address at 364-366 Kensington High Street, London, W14 8NS, United

Kingdom. Upon information and belief, Universal UK is directly or indirectly owned

and/or controlled by one or more of defendants Vivendi and/or UMG.

5.

Upon information and belief, Universal Music LLC ("Universal Japan") is a

Japanese limited liability company having a business address at 107-8583 Tokyo,

Minato-ku, Akasaka 8-chome, No. 5 No. 30, Japan. Upon information and belief,

defendant Universal Japan is directly or indirectly owned and/or controlled by one or

more of defendants Vivendi, UMG, or UMG International.

6.

Upon information and belief, defendant Universal Sigma (Japan) ("Universal

Sigma") is an unincorporated music label having a business address at 107-8583 Tokyo,

Minato-ku, Akasaka 8-chome, No. 5 No. 30, Japan. Upon information and belief,

Universal Sigman (Japan) is directly or indirectly owned and/or controlled by one or

more of defendants Vivendi, UMG, UMG International, or Universal Japan.
7. Upon information and belief, Universal Music Pic, Russia ("Universal

Russia") is an entity organized under the laws of the Russian Federation, having a
business address at Kutuzovskiy prospect, 36, bid. 23, office 418, 121170 Moscow,
Russia. Upon information and belief, Universal Music Pic. Russia is owned and/or

controlled, directly or indirectly, by one or more of defendants Vivendi, UMG, or UMG

International.

JURISDICTION AND VENUE

8.

This Complaint seeks relief arising under the Copyright Laws of the United

States, 17 USC. 101, et seq., andthis Court hasjurisdiction pursuant to 28 U.S.C.

1338(a). Jurisdiction over the related state law claims is appropriate pursuant to 28 U.S.C. 1338 and 1367. This actions seeks statutory damages pursuant to 17 U.S.C.

504, and compensatory and punitive damages under New York law. 9. Venue in this District is proper pursuant to 28 U.S.C. 1391 and 1400 in that

Defendants do business and/or are present within the Southern District of New York and
are subject to personal jurisdiction there. Defendants have directed their activities and marketing of musical recordings to New York residents, and New York residents were

able to download infringing musical recordings by way of a website controlled or authorized by Defendants. Defendants thus do continuous and systematic business in
New York, upon information and belief have entered into transactions directly related to

the subject matter of this lawsuit, and are present in New York for purposes of
establishing this Court's jurisdiction over them.
FACTS

10.

TufAmerica is the owner of the Tuff City Music Group, which was founded in

1981 as a rap and hip-hop label. Since then, TufAmerica has moved into other musical

genres, including blues, soul, funk, and R&B, acquiring the rights to thousands of
musical recordings and compositions. This lawsuit relates to a series of issues in which

one or more of the defendants have infringed rights held by TufAmerica to the musical recordings and compositions as set forth more fully below:
BLACK MERDA

11

TufAmerica, through agreements with members and the manager of the

musical recording group Black Merda, controls the rights to a number of Black Merda
recordings and compositions. By way of agreements executed in 1996, TufAmerica

acquired ownership rights in and to the compositions and recordings released by the musical group Black Merda on its albums "Black Merda" and "Long Burn the Fire." In

2005, TufAmerica, on its Funky Delicacies label, released an album that compiled the
songs from these two albums on a single album titled "The Folks from Mother's Mixer."

12.

TufAmerica recorded its interest in its agreement with Marvin Figgins, one of

the members of Black Merda, with the United States Copyright Office on June 12, 2002,
at V3485D119.

13.

Upon information and belief, defendants claim to have rights in and to the

recordings from the Black Merda album "Black Merda" in derogation of TufAmerica's
rights thereto.

14.

Upon information and belief, one or more of defendants Vivendi, UMG,

UMG International, Universal Japan, and/or Universal Sigma have, without authorization

from TufAmerica, purported to issue a license to the Japanese music group Teriyaki Boyz
to use a sample of the Black Merda recording and composition "Cynthy Ruth" in the Teriyaki Boyz recording "Teriya-Kings."
15. Upon information and belief, one or more of defendants Vivendi, UMG,

UMG International, and/or Universal Pic. Russia's have, without authorization from

TufAmerica, purported to issue a license to Lilith Records in Russia for the entire "Black
Merda" album.

16.

TufAmerica has repeatedly asked defendant UMG to provide written proof

that it or any related entity has the rights to issue the licenses set forth in paragraphs 18 and 19 above. Neither UMG nor any other defendant has delivered the requisite proofof
its rights to do so.

IMPEACH THE PRESIDENT

17.

TufAmerica is the owner of rights in and to the recording "Impeach the

President" and registered those rights with the United States Copyright Office in 1991
(SR136339).

18.

As a consequence of a series of agreements relating to "Impeach the

President," TufAmerica has acquired 3.15% of the copyright in and to the Mary J. Blige
recording "Real Love.

19.

Upon information and belief, the Frank Ocean recording "Super Rich Kids"

incorporates a sample of "Real Love." "Super Rich Kids" was released on the Def Jam

label, which upon information and belief is owned and controlled by defendants Vivendi
and UMG. However, defendants have failed and refused to secure a license from

TufAmerica for its share of the rights to use "Real Love" in "Super Rich Kids."

TONY CLARKE

20.

By way of an agreement with his heirs, TufAmerica is the exclusive licensee

and administrator of all rights in and to a series of musical compositions and sound
recordings authored and created by the artist Tony Clarke and controlled by his heirs,
including without limitation the song "Pushover."
21. "Pushover" has appeared on one or more albums issued on one or more labels

owned or controlled by defendants Vivendi or UMG.

22. Upon information and belief, one or more of defendants Vivendi or UMG

have failed to pay the mechanical copyright license royalties to Tony Clarke or his heirs
(or to TufAmerica as exclusive administrator) for the distribution and sale of "Pushover"
on various albums and in various formats.

23.

Upon information and belief, one or both of defendants Vivendi or UMG have

failed to pay artist royalties due to Tony Clarke or his heirs (or to TufAmerica as
exclusive administrator) as a result of the distribution and sale of "Pushover" on various
albums and in various formats.

(Copyright Infringement - Black Merda - Teriya-Kings - Vivendi, UMG, UMG International, Universal Japan, Universal Sigma) 24. TufAmerica repeats and realleges each and every allegation contained in

paragraphs 1 through 23 as though set forth in full herein.

25.

By issuing a license to the Teriyaki Boyz that purported to give them rights to

use any part of the Black Merda recording and composition "Cynthy Ruth" in the
recording "Teriya-Kings," one or more of defendants Vivendi, UMG, UMG

International, Universal Japan, and/or Universal Sigma infringed on TufAmerica's

exclusive rights in and to the "Cynthy Ruth" recording and composition.

26. As a direct and proximate result of Defendants' conduct, TufAmerica is

entitled to compensatory or statutory and punitive damages in an amount to be proven at

trial.

27

TufAmerica is also entitled to an accounting from defendants Vivendi, UMG,

UMG International, Universal Japan, and/or Universal Sigma to determine the revenues generated as a result of the unauthorized sale and licensing of "Cynthy Ruth."
(Copyright Infringement - Black Merda - Lilith Records - Vivendi, UMG, UMG International, Univeral Pic. Russia)

28.

TufAmerica repeats and realleges each and every allegation contained in

paragraphs 1 through 27 as though set forth in full herein.

29.

By issuing a license to Lilith Records that purported to give them rights to

use any part of any Black Merda recording and composition, one or more of defendants

Vivendi. UMG, UMG International, and/or Universal Pic. Russia infringed on

TufAmerica's exclusive rights in and to the Black Merda recordings and compositions.
30. As a direct and proximate result of Defendants' conduct, TufAmerica is

entitled to compensatory or statutory and punitive damages in an amount to be proven at

trial.

31.

TufAmerica is also entitled to an accounting from defendants Vivendi, UMG,

UMG International, Universal Pic. Russia to determine the revenues generated as a result

of the unauthorized sale and licensing of Black Merda recordings and compositions.
(Copyright Infringement - Impeach the President - Super Rich Kids - Vivendi,
UMG)

32.

TufAmerica repeats and realleges each and every allegation contained in

paragraphs 1 through 31 as though set forth in full herein.

33. By failing to secure a license from TufAmerica for the use of "Real Love" in

"Super Rich Kids," Vivendi and/or UMG have infringed on TufAmerica's rights in and
to "Real Love."

34

As a direct and proximate result of Defendants' conduct, TufAmerica is

entitled to compensatory or statutory and punitive damages in an amount to be proven at

trial.

35.

TufAmerica is also entitled to an accounting from defendants Vivendi and

UMG i.c determine the revenues generated as a result of the sale and licensing of "Super
Rich Kids."

(Copyright Infringement - Pushover -Vivendi, UMG)

36.

TufAmerica repeats and realleges each and every allegation contained in

paragraphs 1 through 35 as though set forth in full herein.

37.

By failing to secure a license from TufAmerica for the use of "Pushover" in

one or more albums released through various affiliated labels, defendants Vivendi and/or UMG have infringed on TufAmerica's rights in and to "Pushover."
38. As a direct and proximate result of Defendants' conduct, TufAmerica is

entitled to compensatory or statutory and punitive damages in an amount to be proven at

trial.

39.

I'ufAmenca is also entitled to an accounting from defendants Vivendi and

UMG to determine the revenues generated as a result of the sale and licensing of
"Pushover."

WHEREFORE, TufAmerica prays for judgment against Defendants as follows:

1. For an accounting, the imposition of a constructive trust, restitution to

TufAmerica of Defendants' unlawful proceeds, and damages according to

proof.

2. For an order enjoining defendants, as appropriate, from any further distribution or exploitation of "Cynthy Ruth," "Teriya-Kings," any Black Merda recording, "Super Rich Kids," and "Pushover," in any audio or
video format.

3. For punitive and exemplary damages in an amount as may be awarded at

trial.

4. For prejudgment interest according to law.

5. For TufAmerica's costs incurred in this action including its reasonable

attorneys' fees.

6. For such other and further relief as the Court may deemjust and proper.

Respectfully submitted,
By:
Kelly D. Talcott The Law Offices of Kelly D. Talcott
P.O. Box 43, 34 Grove Street Sea Cliff, NY 11579-0043
v.516.515.1545

f.516.871.0682

Attorney for Plaintiff

Dated: Sea Cliff, New York

February 5, 2014

TufAmerica v. Vivendi SA, et al., Docket No. 1:14-cv-00789 (S.D.N.Y. Feb 07, 2014), Court Docket

General Information

Court Docket Number Status

United States District Court for the Southern District of New York 1:14-cv-00789 Open

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