Case: 3:07-cv-00066-CVG Document #: 4 Filed: 07/18/2007 Page 1 of 10

IN THE DISTRICT COURT OF THE VIRGIN ISLANDS

DIVISION OF ST. THOMAS AND ST. JOHN

ANTISIA MUSIC, INC.; CHERRY LANE )

MUSIC PUBLISHING; IMPULSIVE )
MUSIC; GLADYS MUSIC; JOBETE MUSIC )
CO., INC.; BLACK BULL MUSIC, )
INC.; CHAPPELL & CO., INC.; EMI )
MILLS MUSIC, INC.; BRUCE ) CIVIL NO. 2007/066
SPRINGSTEEN; EMI APRIL MUSIC )
INC.; CORD KAYLA MUSIC; HEE BEE )
DOINIT MUSIC; DUBOSE & DOROTHY )
HEYWARD MEMORIAL FUND PUBLISHING; )
GEORGE GERSHWIN MUSIC; IRA )
GERSHWIN MUSIC; SOMERSET SONGS )
PUBLISHING, INC.; ODNIL MUSIC ) ACTION FOR COPYRIGHT
LIMITED AND FIFTY-SIX HOPE ROAD ) INFRINGEMENT
MUSIC LIMITED, )
)
Plaintiffs, )
)
vs. )
)
THE WINDWARD COMPANY, THE )
WINDWARD PASSAGE COMPANY, L.P. )
and SHIMON LEVY, )
Defendants. )
)

FIRST AMENDED COMPLAINT

COME NOW the Plaintiffs, by their attorneys, Watts, Benham &

Sprehn, P.C. (John H. Benham, of counsel), and for their First

Amended Complaint against Defendants, state as follows:

1. This is a suit for copyright infringement under Title 17,

U.S.C. This Court has jurisdiction of this action pursuant to

Title 28, U.S.C., Section 1338(a). Venue in this Court is proper

pursuant to Title 28 U.S.C. section 1400(a).

2. Plaintiffs allege eleven (11) causes of action for copy-

right infringement based on the Defendants’ public performances of

 Case: 3:07-cv-00066-CVG Document #: 4 Filed: 07/18/2007 Page 2 of 10

Antisia Music, Inc., et al.

v. The Windward Company and Shimon Levy
Dist.Ct. of the V.I.
Div. of St. Thomas and St. John
Civil No. 2007/066
FIRST AMENDED COMPLAINT
Page 2

copyrighted musical compositions. SCHEDULE “A” annexed to this

Complaint sets forth in summary form the allegations hereinafter

made with respect to the Plaintiffs, their copyrighted musical com-

positions, and Defendants’ acts of infringement.

3. Plaintiffs named in Column 2 (all references to columns

are to columns in SCHEDULE “A”) are the owners of the copyrights in

the works listed in Column 3, and are properly joined in this

complaint under Fed. R. Civ. P. 20.

4. Defendant The Windward Company is a New Jersey limited

partnership doing business in the Virgin Islands, which did at the

times hereinafter mentioned, and still does, own, control, manage,

operate and maintain a place of business for public entertainment,

accommodation, amusement and refreshment known as Holiday Inn

Windward Passage Hotel, located at Veterans Drive in St. Thomas,

U.S. Virgin Islands.

5. On information and belief, Defendant Shimon Levy is a

resident of New York and, at all times hereinafter mentioned, was

and still is a general partner of Defendant The Windward Company,

with primary responsibility for the control, management, operation

and maintenance of the affairs of said partnership. The acts

hereinafter complained of were done with his active assistance, co-

operation, acquiescence and procurement, and he derives financial

benefit therefrom.
 Case: 3:07-cv-00066-CVG Document #: 4 Filed: 07/18/2007 Page 3 of 10

Antisia Music, Inc., et al.

v. The Windward Company and Shimon Levy
Dist.Ct. of the V.I.
Div. of St. Thomas and St. John
Civil No. 2007/066
FIRST AMENDED COMPLAINT
Page 3

6. Defendant Windward Passage Company, L.P. is a New Jersey

limited partnership which did at the times hereinafter mentioned,

and still does, own, control, manage, operate and maintain a place

of business for public entertainment, accommodation, amusement and

refreshment known as Holiday Inn Windward Passage Hotel, located at

Veterans Drive in St. Thomas, U.S. Virgin Islands. On information

and belief this Defendant is the successor in interest of Defendant

The Windward Company.

7. Musical compositions were and are publicly performed at

said place of business.

8. The original musical compositions listed in Column 3 were

created and written by the persons named in Column 4.

9. The compositions named in causes of action 2 through 11

were published on the dates stated in Column 5 and, since the dates

of publication, have been printed and published in strict con-

formity with Title 17, United States Code.

10. The compositions named in causes of action 1 and 2 were

registered as unpublished compositions on the dates stated in

Column 5.

11. The Plaintiffs named in each cause of action, including

their predecessors in interest, if any, complied in all respects

with Title 17, United States Code, and secured the exclusive rights
 Case: 3:07-cv-00066-CVG Document #: 4 Filed: 07/18/2007 Page 4 of 10
Antisia Music, Inc., et al.
v. The Windward Company and Shimon Levy
Dist.Ct. of the V.I.
Div. of St. Thomas and St. John
Civil No. 2007/066
FIRST AMENDED COMPLAINT
Page 4

and privileges in and to the copyright of each composition listed

in Column 3 and received from the Register of Copyrights a Certifi-

cate of Registration, identified as set forth in Column 6.

12. The compositions for which there are entries in Columns

7 and 8 are now in the renewal term of copyright, secured by due

filing of an application for renewal of copyright in the office of

the Register of Copyrights. The Register of Copyrights thereupon

issued Certificates of Registration of the respective claims to the

renewal of copyrights in the names of those claimants listed in

Column 7. The dates and identification numbers of such

certificates are set forth in Column 8.

13. Defendants, on the dates specified in Column 9 and, upon

information and belief, at other times prior and subsequent there-

to, infringed the copyright in each composition named in Column 3

by giving public performances of the compositions on Defendants’

premises, for the entertainment and amusement of the patrons

attending said premises, and Defendants threaten to continue such

infringing performances.

14. The performances of the Plaintiffs’ copyrighted musical

compositions on the dates specified in Column 9 on Defendants’

premises were unauthorized: neither Defendants, nor any of the

Defendants’ agents, servants or employees, nor any performer, was

licensed by, or otherwise received permission from, any Plaintiff

 Case: 3:07-cv-00066-CVG Document #: 4 Filed: 07/18/2007 Page 5 of 10

Antisia Music, Inc., et al.

v. The Windward Company and Shimon Levy
Dist.Ct. of the V.I.
Div. of St. Thomas and St. John
Civil No. 2007/066
FIRST AMENDED COMPLAINT
Page 5

or any agent, servant or employee of any Plaintiff to give such

performances.

15. In undertaking the conduct complained of in this action,

Defendants knowingly and intentionally violated Plaintiffs’ rights.

Defendants’ knowledge and intent are established by the following

facts:

(a) Defendants have not sought or obtained a license

agreement from Plaintiffs or the American Society of Composers,

Authors and Publishers (ASCAP), a performing rights licensing orga-

nization of which all Plaintiffs are members.

(b) Despite numerous letters and other contacts by ASCAP

representatives informing the Defendants of their liability under

the United States Copyright Law, Defendants have continued to per-

form copyrighted music without permission during the hours that

Defendants’ establishment is open to the public for business and

presenting musical entertainment.

(c) The many unauthorized performances at Holiday Inn

Windward Passage Hotel/Holiday Inn include the performances of the

eleven copyrighted musical compositions upon which this action is

based.

16. At the times of the acts of infringement complained of,

the Plaintiff named in each cause of action was the owner of the
 Case: 3:07-cv-00066-CVG Document #: 4 Filed: 07/18/2007 Page 6 of 10
Antisia Music, Inc., et al.
v. The Windward Company and Shimon Levy
Dist.Ct. of the V.I.
Div. of St. Thomas and St. John
Civil No. 2007/066
FIRST AMENDED COMPLAINT
Page 6

copyright in the composition therein named.

17. The said wrongful acts of the Defendants have caused and

are causing great injury to the Plaintiffs, which damage cannot be

accurately computed, and unless this Court restrains the Defendants

from the further commission of said acts, said Plaintiffs will

suffer irreparable injury, for all of which the said Plaintiffs are

without any adequate remedy at law.

WHEREFORE, Plaintiffs pray:

1. That Defendants and all persons acting under the

direction, control, permission or authority of Defendants be en-

joined and restrained permanently from publicly performing the

aforementioned compositions or any of them and from causing or per-

mitting the said compositions to be publicly performed in Defen-

dants’ said premises, or in any place owned, controlled or con-

ducted by Defendants, and from aiding or abetting the public per-

formance of such compositions in any such place or otherwise.

2. That Defendants be decreed to pay such statutory damages

as to the Court shall appear just, as specified in 17 U.S.C. §

504(c)(1), namely, not more than Thirty Thousand Dollars

($30,000.00) nor less than Seven Hundred And Fifty Dollars

($750.00) in each cause of action herein.

3. That Defendants be decreed to pay the costs of this

action and that a reasonable attorneys’ fee be allowed as part of

the costs.
 Case: 3:07-cv-00066-CVG Document #: 4 Filed: 07/18/2007 Page 7 of 10
Antisia Music, Inc., et al.
v. The Windward Company and Shimon Levy
Dist.Ct. of the V.I.
Div. of St. Thomas and St. John
Civil No. 2007/066
FIRST AMENDED COMPLAINT
Page 7

4. For such other and further relief as may be just and

equitable.

Dated: July 18, 2007 /s/

JOHN H. BENHAM
WATTS, BENHAM & SPREHN, P.C.
No. 1 Fredriksberg Gade
P.O. Box 11720
St. Thomas, VI 00801-4720
Tel: (340) 774-0673
Fax: (340) 776-3630
Attorneys for Plaintiffs


Columns
Case: 3:07-cv-00066-CVG Document #: 4 Filed: 07/18/2007 Page 8 of 10
3 4 5 6 7 8 9
1 2

Renewal Date of
Certificate
of Certificate Known
Cause
Musical Date of Registration Date and Infringe-
of
Plaintiff Composition Writers Publication Number Renewal Number mo"'
Action

REGISTERED AS UNPUBLISHED 5/6/o4

1 . mvTzazA MUSIC . JUST THE TWO RALPH MACDONALD
or ua wz~~zAn oAosn o/1o/az PAD u75-a~7
INC .
AND CHERRY LANE BILL WITHERf-;
muazc
PUBLISHING

2/14"S PA %N08 5/6/04

2, 1MNATIVE music .MST THE WAY WILLIAM MARTIN
YOU ARE JOEL ((-'j/l</A REGISTERED AS UNPUBLISHED
BILLY JosI / 6 / 9 /77 EU 815,24

12/11/61 EP 158445 GEORGE DAVID WEISS I/o/a9 5/6/04

3, GLADYS MUSIC CAN'T HELP GEORGE WEISS
A wo L uzoz nes*TOns' RE 41.5-211 .
FALLING IN *ooo rspsTTz
Luzoz CREATURE A'S "C&-ouT*uno AND
LOVE :
CO COMPOSERS`/ JUNE
psnsTTz' Aa "WIDOW
or T*E C13-AUTHOR AND
co-COMPOSER, HUGO
psxsTTz^/ KATHERINE
A . xEITwMusn AND
voLswTzwA pExn/z .
AS "CHILDREN OF THE
oscs*yso CO-AuTxoR
AND SE --'R'
xuoo pEnsTTz^ .

EP 360216 5/6/04
^. JoasTs MUSIC co .' ISN'T SHE: STEVIE WONDER 9/22/76
INC, AND RACK LOVE-y
auLL . muazc' INC
.


Columns
Case: 3:07-cv-00066-CVG Document #: 4 Filed: 07/18/2007 Page 9 of 10
1 2 3 4 5 6 7 8 9

Certificate Renewal Date of

Cou se of Certificate Known
of Musical Date of Registration Date and Infringe-
Action Plo /"ti R Composition Writers Publication Number Renewal Number ment

5 . CHAP FELL. & co . ' A zw'r ANDY RAZAF 7/8/29 EP silo THOMAS w . wO'usn' 7/o/~6 ".-;/a/o*
INC . m*o EmI mzsBExP" VI w ' THOMAS WALLER .' mmUnzcs
JR n 172947
MILLS MUSIC, INC, HARRY BROOKS RUTHERFORD WALLER
AND RONALD
nur*snFoxo w*uE w '
AS "CHILDREN OF
DECEASED THOMAS
wALLsn . COMPOSER
or muazc^ .

6. BRUCE opnzwaaTssw FIRE BRUCE SPRINBSTEEN 2/10/78 PA 2-445 3/zo/o7

EMI APRIL MUSIC ALL MY LIFE JOEL x*zLs, (p/mA a/17/p7 PA 875 -979 o/1v/o7
.'
INC JoJo)
CORD KAYLA MUSIC AND RUBY oswwcrT
AND
HEE BEE DOINIT MUSIC


Columns Case: 3:07-cv-00066-CVG Document #: 4 Filed: 07/18/2007 Page 10 of 10

1 2 3 4 5 6 7 8 9

Certificate Renewal Date of

Cau se of Certificate Known
af Musical Date of Registration Date and Infringe-
Action Plaintiff Composition Writers Publication Number Renewal Number ment

DUBOSE & DOROTHY SUMMERTIME GEORGE GERSIMIN 9/28/35 EP 50655 IRA GEP .SHRJIN9/28/62 3/10/07
HEYWARD MEMORIAL (JO FH. .- :Y1,JAR0 ARTHUR GER l,'HWINI AND R 3C, 1749
FUND PURL : [SUING, FRANCES GERSHWIN
GEORGE GER:SHWIN GODOWSKY, AS "NEXT
MUSIC AND IRA OF KIN OF THE
GERSHWIN MUSIC' COMPOSER
OF` THE MUSIC
(GEORGE GERSHWIN)" ;
,JENNIFER HEYWARD, AS
"THE CHILD OF THE:
DECEASED AUTHOR OF
THE WORDS ( DLI ROSE::
HEYWARD) " .

9. SOMERSET SONGS I WANT TO MICHAEL JONES 12 / ,/ ,,3 4 PA 23 .3-. ,586 3/10/07

PUBLISHING, INC, KNOW WHAT (A/K/A MICK AAO ES)
LOVE IS

10 . ODNIL . MUSIC NO W OMAN . NO VINCENT FOR!) 2/11/91 11 A 532-832 3/10/07

LIMITED, CRY
FIFTY-SIX HOPE*
ROAD
MUSIC LIMITED

11, ODN .[L. MU,31C BOB MPRLEI 305"S PA 2&45() 3110107

LIMITED,
FIFTY-SIX HOPE: ROAD
MUSIC LIMITED