Professional Documents
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26 Defendants.
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DEFENDANTS KANYE WEST AND GETTING OUT OUR DREAMS, INC.’S ANSWER TO
PLAINTIFF’S COMPLAINT, AFFIRMATIVE DEFENSES
Case 2:19-cv-01682-FMO-GJS Document 45 Filed 06/03/19 Page 2 of 17 Page ID #:182
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Pursuant to Rule 8(b) of the Federal Rules of Civil Procedure, Defendants Kanye
2 West and Getting Out Our Dreams, Inc. (collectively, “GOOD Defendants”), by their
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undersigned attorneys Cowan, DeBaets, Abrahams & Sheppard LLP, for its Answer to
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6 follows:
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SUMMARY OF THE ACTION1
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9 1. GOOD Defendants admit that this is an action under the Copyright Act, 17
10 U.S.C. § 106, but deny that Bobb-Semple is entitled to prevail and/or recover any relief
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whatsoever on such claims, and deny the remaining allegations in Paragraph 1 of the
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13 Complaint.
21 and on that basis deny the allegations of this Paragraph, except admit producing the
22 sound recording called “Freeee (Ghost Town Pt. 2)” (hereinafter “Freeee”).
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26 1
The inclusion of headings contained in the Complaint is solely for purposes of
27 reference and should not be read as an admission as to any point raised therein.
28 2
DEFENDANTS KANYE WEST AND GETTING OUT OUR DREAMS, INC.’S ANSWER TO
PLAINTIFF’S COMPLAINT, AFFIRMATIVE DEFENSES
Case 2:19-cv-01682-FMO-GJS Document 45 Filed 06/03/19 Page 3 of 17 Page ID #:183
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4. GOOD Defendants lack knowledge or information sufficient to form a
2 belief concerning the truth of the allegations contained in Paragraph 4 of the Complaint,
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and on that basis deny the allegations of this Paragraph, except admit that GOOD
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5 Defendants did not obtain any permission to use any purported performance of Bobb-
6 Semple, nor provide him with any compensation, and state that GOOD Defendants were
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not required to obtain any such permission, nor provide any such compensation.
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25 subject matter jurisdiction over federal copyright claims pursuant to 28 U.S.C. §§ 1331
26 and 1338(a).
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DEFENDANTS KANYE WEST AND GETTING OUT OUR DREAMS, INC.’S ANSWER TO
PLAINTIFF’S COMPLAINT, AFFIRMATIVE DEFENSES
Case 2:19-cv-01682-FMO-GJS Document 45 Filed 06/03/19 Page 4 of 17 Page ID #:184
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8. GOOD Defendants lack knowledge or information sufficient to form a
2 belief concerning the truth of the allegations contained in Paragraph 8 of the Complaint
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as to any other defendant, except admit that GOOD Defendants are subject to personal
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5 jurisdiction in California.
9 necessary, but to the extent any response is required, GOOD Defendants lack
13 Paragraph insofar as they relate to the residences or acts committed by any other
14 defendant, except GOOD Defendants deny that all of the events giving rise to Bobb-
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Semple’s claims occurred in this district, and except admit that GOOD Defendants are
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21 Complaint.
22 11. GOOD Defendants lack knowledge or information sufficient to form a
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belief concerning the truth of the allegations contained in Paragraph 11 of the
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25 Complaint, and on that basis deny the allegations of this Paragraph, except admit that
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DEFENDANTS KANYE WEST AND GETTING OUT OUR DREAMS, INC.’S ANSWER TO
PLAINTIFF’S COMPLAINT, AFFIRMATIVE DEFENSES
Case 2:19-cv-01682-FMO-GJS Document 45 Filed 06/03/19 Page 5 of 17 Page ID #:185
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defendant Scott Ramon Seguro Mescudi p/k/a Kid Cudi is a Grammy Award winning
2 performer.
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12. GOOD Defendants admit the allegations contained in Paragraph 12 of the
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5 Complaint.
9 Complaint, and on that basis deny the allegations of this Paragraph, except admit that
10 defendant Tyrone William Griffin Jr. p/k/a Ty Dolla $ign is an internationally known
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performing artist.
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21 Complaint, and on that basis deny the allegations of this Paragraph, except admit that
22 defendant Jeff Bhasker is a music producer.
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16. GOOD Defendants lack knowledge or information sufficient to form a
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DEFENDANTS KANYE WEST AND GETTING OUT OUR DREAMS, INC.’S ANSWER TO
PLAINTIFF’S COMPLAINT, AFFIRMATIVE DEFENSES
Case 2:19-cv-01682-FMO-GJS Document 45 Filed 06/03/19 Page 6 of 17 Page ID #:186
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Complaint, and on that basis deny the allegations of this Paragraph, except admit that
6 Complaint, and on that basis deny the allegations of this Paragraph, except admit that
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defendant Michael George Dean p/k/a Mike Dean is a music producer.
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DEFENDANTS KANYE WEST AND GETTING OUT OUR DREAMS, INC.’S ANSWER TO
PLAINTIFF’S COMPLAINT, AFFIRMATIVE DEFENSES
Case 2:19-cv-01682-FMO-GJS Document 45 Filed 06/03/19 Page 7 of 17 Page ID #:187
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22. GOOD Defendants lack knowledge or information sufficient to form a
13 INFRINGEMENT BY DEFENDANTS
17 basis deny the allegations of this Paragraph insofar as they relate to any other defendant,
18 except GOOD Defendants admit that they did not acquire a license from Bobb-Semple,
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and state that no such license was required to be obtained by GOOD Defendants.
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25 Complaint.
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DEFENDANTS KANYE WEST AND GETTING OUT OUR DREAMS, INC.’S ANSWER TO
PLAINTIFF’S COMPLAINT, AFFIRMATIVE DEFENSES
Case 2:19-cv-01682-FMO-GJS Document 45 Filed 06/03/19 Page 8 of 17 Page ID #:188
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28. GOOD Defendants deny the allegations contained in Paragraph 28 of the
5 Paragraph 29 of the Complaint, and respectfully refer the Court to any recordings that
6 will be admitted into evidence in this case, which speak for themselves.
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30. GOOD Defendants lack knowledge or information sufficient to form a
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9 belief concerning the truth of the allegations contained in Paragraph 30, and respectfully
10 refer the Court to any recordings that will be admitted into evidence in this case, which
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speak for themselves.
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14 Complaint.
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32. GOOD Defendants lack knowledge or information sufficient to form a
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17 belief concerning the truth of the allegations contained in Paragraph 32, and on that
18 basis deny the allegations of this Paragraph.
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33. GOOD Defendants lack knowledge or information sufficient to form a
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21 belief concerning the truth of the allegations contained in Paragraph 33, and on that
22 basis deny the allegations of this Paragraph, and respectfully refer the Court to the
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credits accompanying Freeee, which speak for themselves.
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DEFENDANTS KANYE WEST AND GETTING OUT OUR DREAMS, INC.’S ANSWER TO
PLAINTIFF’S COMPLAINT, AFFIRMATIVE DEFENSES
Case 2:19-cv-01682-FMO-GJS Document 45 Filed 06/03/19 Page 9 of 17 Page ID #:189
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35. GOOD Defendants admit the allegations contained in Paragraph 35 of the
2 Complaint.
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36. GOOD Defendants lack knowledge or information sufficient to form a
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10 Complaint.
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39. GOOD Defendants admit the allegations contained in Paragraph 39 of the
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13 Complaint.
25 necessary, but that to the extent any response is required, GOOD Defendants otherwise
26 deny the allegations contained in Paragraph 42 of the Complaint.
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28 9
DEFENDANTS KANYE WEST AND GETTING OUT OUR DREAMS, INC.’S ANSWER TO
PLAINTIFF’S COMPLAINT, AFFIRMATIVE DEFENSES
Case 2:19-cv-01682-FMO-GJS Document 45 Filed 06/03/19 Page 10 of 17 Page ID #:190
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43. GOOD Defendants deny the allegations contained in Paragraph 43 of the
2 Complaint.
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44. GOOD Defendants deny the allegations contained in Paragraph 44 of the
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5 Complaint.
17 necessary, but that to the extent any response is required, GOOD Defendants deny the
18 allegations of this Paragraph.
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48. GOOD Defendants deny the allegations contained in Paragraph 48 of the
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DEFENDANTS KANYE WEST AND GETTING OUT OUR DREAMS, INC.’S ANSWER TO
PLAINTIFF’S COMPLAINT, AFFIRMATIVE DEFENSES
Case 2:19-cv-01682-FMO-GJS Document 45 Filed 06/03/19 Page 11 of 17 Page ID #:191
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50. GOOD Defendants lack knowledge or information sufficient to form a
17 allegations of this Paragraph, except admit that the defendants named herein had certain
18 roles in connection with the creation, distribution and exploitation of Freeee.
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54. GOOD Defendants deny all the allegations contained in Paragraph 54 of
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21 the Complaint as they pertain to Good Defendants. GOOD Defendants lack knowledge
22 or information sufficient to form a belief concerning the truth of the allegations
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contained in this Paragraph, and on that basis deny the allegations contained therein.
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DEFENDANTS KANYE WEST AND GETTING OUT OUR DREAMS, INC.’S ANSWER TO
PLAINTIFF’S COMPLAINT, AFFIRMATIVE DEFENSES
Case 2:19-cv-01682-FMO-GJS Document 45 Filed 06/03/19 Page 12 of 17 Page ID #:192
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56. GOOD Defendants deny the allegations contained in Paragraph 56 of the
2 Complaint as they pertain to GOOD Defendants, except state that Freeee continues to
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be exploited in the marketplace in connection with the Kids See Ghosts album.
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5 COUNT I
COPYRIGHT INFRINGEMENT
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19 the Complaint as they pertain to Good Defendants. GOOD Defendants lack knowledge
20 or information sufficient to form a belief concerning the truth of the allegations
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contained in this Paragraph, and on that basis deny the allegations contained therein.
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DEFENDANTS KANYE WEST AND GETTING OUT OUR DREAMS, INC.’S ANSWER TO
PLAINTIFF’S COMPLAINT, AFFIRMATIVE DEFENSES
Case 2:19-cv-01682-FMO-GJS Document 45 Filed 06/03/19 Page 13 of 17 Page ID #:193
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allegations contained in Paragraph 61 of the Complaint as they pertain to GOOD
2 Defendants.
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62. GOOD Defendants deny the allegations contained in Paragraph 62 of the
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5 Complaint as they pertain to GOOD Defendants, except admit that GOOD Defendants
6 did not seek permission from Bobb-Semple, and state that no such permission was
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necessary to be sought by GOOD Defendants.
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13 Complaint, including each of its subparagraphs (a) - (d), as they pertain to GOOD
14 Defendants.
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65. GOOD Defendants deny the allegations contained in Paragraph 65 of the
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17 Complaint as they pertain to GOOD Defendants, except admit that Freeee continues to
18 be distributed by the defendants.
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66. GOOD Defendants deny the allegations contained in Paragraph 66 of the
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DEFENDANTS KANYE WEST AND GETTING OUT OUR DREAMS, INC.’S ANSWER TO
PLAINTIFF’S COMPLAINT, AFFIRMATIVE DEFENSES
Case 2:19-cv-01682-FMO-GJS Document 45 Filed 06/03/19 Page 14 of 17 Page ID #:194
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69. GOOD Defendants deny the allegations contained in Paragraph 69 of the
2 Complaint.
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70. GOOD Defendants deny the allegations contained in Paragraph 70 of the
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5 Complaint.
9 Bobb-Semple’s Prayer for Relief does not necessitate responsive pleading, but
10 GOOD Defendants deny that Bobb-Semple is entitled to any of the relief sought therein.
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GOOD DEFENDANTS’ AFFIRMATIVE DEFENSES
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14 against the claims asserted against them without admitting that they bear the burden of
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persuasion or presentation of evidence on each or any of these matters, and without
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17 waiving the right to assert and rely upon other defenses that become available or appear
18 during the course of this Action.
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FIRST AFFIRMATIVE DEFENSE
20 (Failure to State a Claim)
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1. Bobb-Semple fails to state a claim upon which relief can be granted.
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25 2. The Complaint, and each cause of action alleged therein, is barred because
26 Bobb-Semple lacks standing to assert the purported claims set forth therein.
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DEFENDANTS KANYE WEST AND GETTING OUT OUR DREAMS, INC.’S ANSWER TO
PLAINTIFF’S COMPLAINT, AFFIRMATIVE DEFENSES
Case 2:19-cv-01682-FMO-GJS Document 45 Filed 06/03/19 Page 15 of 17 Page ID #:195
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THIRD AFFIRMATIVE DEFENSE
(Fair Use)
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3 3. The Complaint, and each cause of action alleged therein, is barred because
12 5. As to any and all claims for relief based upon GOOD Defendants’ alleged
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infringement of alleged copyrights owned by Bobb-Semple, Bobb-Semple’s actions
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23 7. To the extent any copyright has been infringed, which GOOD Defendants
24 do not concede, GOOD Defendants’ actions were innocent and non-willful, and Bobb-
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Semple fails to identify any facts supporting its allegations of willfulness.
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WHEREFORE, GOOD Defendants respectfully request that they be awarded
2 judgment as follows:
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1. Denying all relief sought by Bobb-Semple in the Complaint;
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13 6. Awarding GOOD Defendants such other and further relief as the Court
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By: /s/ Eleanor M. Lackman
20 Eleanor M. Lackman, Esq., No. 298594
21 9595 Wilshire Boulevard, Suite 900
Beverly Hills, CA 90212
22 Tel.: (310) 492-4392
23 Fax: (310) 492-4394
elackman@cdas.com
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DEFENDANTS KANYE WEST AND GETTING OUT OUR DREAMS, INC.’S ANSWER TO
PLAINTIFF’S COMPLAINT, AFFIRMATIVE DEFENSES
Case 2:19-cv-01682-FMO-GJS Document 45 Filed 06/03/19 Page 17 of 17 Page ID #:197
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DEMAND FOR JURY TRIAL
2 GOOD Defendants hereby demand trial by jury on all claims and defenses
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properly triable to a jury in this action.
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5 Respectfully submitted,
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DEFENDANTS KANYE WEST AND GETTING OUT OUR DREAMS, INC.’S ANSWER TO
PLAINTIFF’S COMPLAINT, AFFIRMATIVE DEFENSES