Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 1 of 80 Page ID #:1

1 Steven T. Lowe, Esq. (SBN 122208)

Lowe & Associates
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8383 Wilshire Boulevard, Suite 1038
3 Beverly Hills, CA 90211
E: [email protected]
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5 Alfred (AJ) Fluehr, Esq.
Attorney ID No.: 316503
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280 N. Providence Road | Suite 1
7 Media, PA 19063
8 T: (215) 341-1063
T: (215) 500-1000
9 E: [email protected]
10 Law Firm / Lawyer for Plaintiff
Moving for Admission Pro Hac Vice
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12 UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
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14 Sound and Color, LLC Case No. 2:22-cv-01508
Plaintiff
15 v.
16 Samuel Smith Case Filed: 3/4/2022
Normani Kordei Hamilton
17 Stargate
18 Mikkel Storleer Eriksen Causes of Action:
Tor Erik Hermansen 1. Direct Infringement
19 James John Napier 2. Contributory Infringement
20 Universal Music Group 3. Vicarious Infringement
Universal Music Operations Limited
21 UMG Recordings Inc. Jury Trial Demanded
22 Sony Music Group
Sony Corporation of America
23 Sony/ATV Music Publishing LLC
24 Sony/ATV Music Publishing Ltd.
Sony/ATV Songs LLC
25 EMI Music Publishing LTD
26 EMI April Music Inc.
EMI Blackwood Music Inc.
27 Downtown Music Publishing LLC
28 Salli Isaak Songs LTD
Naughty Words Limited
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1 Songs of NKH
Stellar Songs Limited
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Stellar Songs
3 Tim & Danny Music LLC
45th & 3rd Music LLC
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Defendants
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1 PLAINTIFF’S COMPLAINT
2 Introduction
3 1. This music copyright infringement suit arises from copying by
4 defendants Sam Smith (“Smith”) and Normani Kordei Hamilton (“Normani”) of
5 Plaintiff’s 2015 song “Dancing With a Stranger” (the Plaintiffs’ composition/song
6 recording shall hereinafter be referred to as the “Song”) to create their hit 2019 song
7 “Dancing With a Stranger” (the Defendants’ composition/sound recording shall
8 hereinafter be referred to as the “Infringing Song”) (collectively the “Songs”).
9 2. The hook/chorus in both songs—the most significant part and artistic
10 aspect of these works—contains the lyrics “dancing with a stranger” being sung over
11 a nearly identical melody and musical composition. In both songs, the title, hook,
12 chorus, lyrics, and musical composition are all the same—and are repeated throughout
13 the song giving both songs their identities.
14 3. A quick listen to the comparison at the following link, and consideration
15 of the extraordinary similarities in the music videos, will quickly dispel any doubt that
16 Plaintiff’s song was copied: https://youtu.be/Ibh1yPSCIw8.
17 4. The Infringing Song is certified Platinum in over ten countries and was
18 the most-played radio track of 2019 according to several sources. It has been streamed
19 over 3 billion times as of March 2021 and received well over 3.1 billion audience
20 impressions from radio airplay just in 2019.
21 Background
22 5. In February/March 2015, singer and songwriter Jordan Vincent wrote
23 “Dancing with a Stranger” (also known as “Dancing With Strangers”), along with
24 Christopher Miranda of the production duo known as SKX.
25 6. SKX is comprised of Christopher Miranda and Rosco Banlaoi, who split
26 ownership for all SKX songs.
27 7. The sound recording and composition therein for Plaintiff’s song is
28 registered at no. SR0000847699 with the copyright office, attached as Exhibit 1.
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1 8. In April 2015, Vincent, Miranda, and Banlaoi shot a music video for the
2 Song, which primarily consisted of a young woman interpretive dancing alone in a
3 minimalistic room/studio (the “Video”).
4 9. After extensively shopping the Song and Video around the industry in
5 2015 and receiving interest (discussed more below), Vincent posted the Song on
6 SoundCloud in January 2016. It garnered over 500,000 listens by mid-2018.
7 10. It was then released on Vincent’s YouTube channel, Spotify, and other
8 streaming services on August 30, 2017, where it garnered tens of thousands more
9 views/listens by mid-2018.
10 11. Following this release, Vincent also hired Rayne Music who promoted
11 the Song and Video to industry contacts in early 2018.
12 12. There was interest and Rayne Music had sit down meetings with several
13 interested parties.
14 13. On January 11, 2019, Vincent was alerted by a friend that superstar Sam
15 Smith and Normani (formerly of the girl group Fifth Harmony) had released a song
16 entitled “Dancing with A Stranger” earlier that day. The Infringing Song went on to
17 become a massive hit, which to date has been streamed billions of times and has
18 billions of additional radio impressions.
19 14. It was immediately obvious from the title, lyrics, melody, and overall
20 production that appears in both songs, especially the hooks, that Defendants had taken
21 Plaintiff’s work.1
22 15. It is beyond any real doubt that Smith, Normani, and the other defendants
23 copied Plaintiff’s work. The protected expression in both the Infringing Song and
24 Plaintiff’s preexisting work is nearly identical and is strikingly similar.
25 16. It is a common practice in music production to take a reference track and
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When a song or work is referred to the reference includes both the composition
and sound recording unless otherwise specified.
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1 speed it up or slow it down; this results in a natural pitch shift which places it in a
2 different key more suited to a particular singer. Tellingly, when Plaintiff’s song is
3 slowed down from 122 bpm to the 103 bpm used by the Infringing Song, the key of
4 the two songs match. This is a further indication that Plaintiff’s song was copied by
5 Defendants and that they are substantially similar.
6 17. When the songs are compared, it is apparent that the underlying
7 composition is nearly identical and was copied, as was the sound recording:
8 https://youtu.be/Ibh1yPSCIw8. A copy of the side-by-side comparison video of the
9 sound recordings shall be lodged with the court as Exhibit 4.
10 18. In addition to the “hook” of the songs being the same musical phrase,
11 arranged with the same title and lyrics, Smith and Normani put out a music video for
12 the song which is very similar to Plaintiff’s music video. Compare Plaintiff’s Video
13 https://www.youtube.com/watch?v=JGYBUkvT3cU with Defendants’ Video,
14 https://www.youtube.com/watch?v=av5JD1dfj_c. A true and correct copy of the
15 Plaintiff’s music video shall be lodged with the court as Exhibit 5. A true and correct
16 copy of the Defendants’ music video shall also be lodged with the court as Exhibit 6.
17 19. A true and correct copy of Plaintiff’s Registered Deposit Copy Sound
18 Recording shall be lodged with the court as Exhibit 7.
19 20. Both videos consist of a girl performing interpretive dance alone in a
20 minimalist studio, interspersed with shots of the male vocalist:
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1 Plaintiff’s video:
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18 21. A girl dancing alone is not an obvious visual theme for a music video
19 titled “Dancing With a Stranger,” tending to dispel any notion that this similarity is a
20 coincidence.
21 22. When the extraordinary musical similarity between the songs is also
22 factored in, it becomes even more apparent that it is impossible that the infringing
23 composition and sound recording were independently created.
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1 23. Bizarrely, the graphic logo for Defendants’ video is practically identical
2 in design to the logo on Vincent’s business card:
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16 24. Another suspicious coincidence is that the call sheet for Plaintiff’s music
17 video specifically mentioned using the visual concept of mannequins coming to life.
18 25. Although this concept was not ultimately utilized in Plaintiff’s music
19 video, Normani and the director of Defendants’ music video gave an interview in 2019
20 discussing how Defendants wanted to use porcelain statues coming to life for their
21 music video. The odds that such a unique but highly similar idea would have come
22 independently to Defendants are astronomical, especially considering the other shared
23 similarities.
24 26. Plaintiff is not claiming copyright infringement of the visual content of
25 Plaintiff’s video (or infringement of Vincent’s logo) but it is evidence to dispel the
26 possibility of independent creation.
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1 Alleged Creation of Defendants’ Song

2 27. In late January 2019, after the Infringing Song was released to the
3 public on January 11, 2019, defendant Smith stated in an interview with Beats Radio
4 that he wrote the Infringing Song in one day with Stargate at The Stellar House
5 studio during a break from his 2018 tour: “And she [Normani] was coming in that
6 day to have a meeting with Tim [Blacksmith]. I played her the song. She just jumped
7 on it there and then, and it was perfect.”
8 https://www.youtube.com/watch?v=nRREIlYUv1k&feature=youtu.be&t=138, at
9 minute 2:18.
10 28. Smith claims that Normani and Smith were introduced that day and that
11 Normani then spontaneously contributed to existing music Smith was working on.
12 The day is believed to be on or around August 7, 2018.
13 29. Upon information and belief, Normani’s presence at the studio and work
14 with Sam Smith were not spontaneous nor coincidental.
15 30. In May 2020, Normani referenced upcoming collaborations in an
16 interview. https://www.dailymotion.com/video/x6jydyz. Further bolstering this
17 conclusion is the fact that planned social media and press exposure took place in the
18 form of social media postings by Normani’s manager on or around August 8, 2018,
19 when the Infringing Song was allegedly written, promoting Smith and Normani
20 working together, and music industry news outlets also reported on a Smith-Normani
21 collaboration in late-summer, early fall 2018.
22 Defendants’ Had Access to Plaintiff’s Song
23 31. “Access” can and will be proven in several different ways:
24 32. First, the songs are musically strikingly similar, i.e. independent creation
25 is extremely unlikely, especially when factoring in the selection and arrangement of
26 the lyrics, melody, and hook.
27 33. Attached as Exhibit 2 is the Report of Dr. Alexander Stewart, opining
28 that the similarities in the music and the selection and arrangement of the music,
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1 production, lyrics, and other elements of the works make independent creation
2 extremely unlikely.
3 34. Furthermore, it is impossible that the combined similarities between the
4 songs outside of the musical elements—same title, same video, same logo, proposed
5 use of mannequins—all occurred coincidentally. These similarities further preclude
6 independent creation.
7 35. Second, Defendants had access to Plaintiff’s Song because it was widely
8 distributed. Not only was Plaintiff’s Song widely “shopped” around the music
9 industry from 2015 to 2018, but Jordan Vincent released the song publicly on
10 SoundCloud in January 2016 and posted the Song and Video on his YouTube channel
11 and also on Spotify, Apple Music, Tidal, Deezer, and other platforms on or around
12 August 30, 2017. The SoundCloud posting alone accrued over 500,000 listens by mid-
13 2018, and tens of thousands of additional views/listens on YouTube and other
14 platforms. The fact that Plaintiff’s song received over half a million views/listens
15 before the Infringing Song was allegedly composed in August 2018 establishes access
16 by Defendants to Plaintiff’s work due to its sufficiently widespread distribution.
17 Defendants’ Had Access to Plaintiff’s Song through Thrive Records; Thrive
18 was Given Plaintiff’s Song in 2015 and then, After Defendants’ Infringing Song
19 was Released, Tried to Buy Plaintiff’s Song in 2020
20 36. Third, in the alternative, Plaintiff alleges that the Song was given to
21 Defendants by and through Thrive Records. In 2015, Thrive Records was extremely
22 interested in using Plaintiff’s Song for another artist, but the deal never went through.
23 Thrive is owned by Ricardo Vinas, and the contacts were facilitated by Peter Torres,
24 who was either employed by Thrive at that time or helping Vinas acquire the Song.
25 Thrive was also shown the Video and also given the call sheet for the Video.
26 37. Thrive showed no further interest in the song in 2015.
27 38. Then, in May/June 2020, Peter Torres reached out to the trio out of the
28 blue on behalf of Ricardo Vinas, Thrive’s owner. Torres was acting as an agent of
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1 Ricardo and Thrive. Thrive stated that it wanted to buy Plaintiff’s Song—now five
2 years after Thrive was first interested. Thrive had shown no interest during that
3 intervening time period. This timing is highly unusual.
4 39. Thrive now wanted to give Vincent, Miranda, and Banlaoi around $3,000
5 as an advance and some publishing rights. There, however, was a curious caveat:
6 Thrive and Ricardo wanted all traces of Plaintiff’s Song and Video removed from all
7 platforms before the deal was consummated.
8 40. All of this was bizarre as Thrive had passed on the Song in 2015, and had
9 now contacted Vincent, Miranda, and Banlaoi out of the blue in May/June 2020 as if
10 with an agenda or goal in mind.
11 41. Vincent asked Torres why Thrive was interested given that it was five
12 years later; Torres said only that Ricardo had been listening to old songs.
13 42. This is not credible, because half a decade in music industry terms is a
14 huge amount of time, when multitudes of new songs are being pushed by thousands
15 of writers and artists every day to labels. Moreover, not only had Thrive passed on
16 Plaintiff’s Song, but it was now stale and had already been released for four years.
17 43. Vincent asked Torres if Ricardo was aware of the Infringing Song and
18 the similarities, and Torres admitted that Ricardo was aware of the similar titles, but
19 that he was unaware of whether Ricardo knew about the melodic similarities.
20 44. This story does not make sense. Ricardo clearly knew the melodies and
21 lyrics are the same because the Infringing Song was a huge hit with which Ricardo
22 must have been familiar, and by Torres’s own admission Ricardo had recently listened
23 to Plaintiff’s Song and wanted to buy the rights. Ricardo knew about the pronounced
24 similarities.
25 45. If Ricardo and Torres had spoken about the similar titles of the two songs
26 called Dancing With a Stranger, as Torres admits they did, then it is perfectly obvious
27 that Thrive was aware of the other similarities.
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1 46. That Thrive misled Vincent, Miranda, and Banlaoi about whether Thrive
2 knew about the similarities between the two songs indicates a hidden agenda behind
3 the sudden and otherwise inexplicable decision to buy Plaintiff’s Song 5 years later.
4 47. Torres also probed whether Vincent, Miranda, and Banlaoi had taken
5 legal action; when they said no, Torres insisted that they should just let Thrive and
6 Ricardo put some money in their pockets and that suing was expensive. This, too, was
7 very suspicious.
8 48. Vincent asked for a proposed contract as a demonstration of good faith.
9 Thrive and Ricardo never sent the contract and Plaintiff’s Song was never taken down;
10 they heard nothing further from Thrive despite multiple attempts to follow up in June
11 and early July 2020.
12 49. As described below, Ricardo /Torres and Normani’s team know each
13 other, and the fact that Ricardo attempted to buy Plaintiff’s Song after the fact
14 knowing full well about its similarities to a major hit by Normani and Sam Smith,
15 indicate that Defendants were well aware of Plaintiff’s Song, and had access to same.
16 50. Plaintiff alleges that Thrive and/or its agents gave their Song to
17 Defendants and/or told them where it could be found prior to the Infringing Song’s
18 creation, and that Defendants had access in this way.
19 51. Following this bizarre exchange and Thrive’s subsequent nonresponses,
20 Miranda and Banlaoi were at a party at Avex House studio on July 24, 2020, and
21 randomly saw Peter Torres. Torres was at that point employed by Avex House as head
22 of A&R. Ricardo Vinas also was present and reacted awkwardly when he saw that
23 Miranda and Banlaoi were there. At one point during the party, Torres pointed out to
24 the duo that Normani’s manager Brandon Silverstein and his partner Josh Hallbauer
25 were present; Torres was obviously acquainted with Silverstein.
26 52. Upon information and belief, Thrive and Ricardo are also acquainted
27 with Silverstein, as well as Tim Blacksmith (Normani’s mentor, owner of Stellar
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1 House Studio, and principal member of defendant Tim & Danny) and defendants
2 Eriksen, Hermansen, Napier and Smith.
3 53. The foregoing individuals (i.e., Silverstein, Blacksmith, Eriksen,
4 Hermansen, Napier, and Smith) were all intimately involved in the alleged creation of
5 Infringing Song and are alleged to have had access to Plaintiff’s Song through Thrive.
6 54. Fifth, in the alternative, defendant Normani was given the Song by Jared
7 Cotter. Normani used to be in the girl band Fifth Harmony. When the Plaintiff’s
8 assignors were shopping the Song in September 2015 to Thrive Records, Jared Cotter
9 was managing the prospective deal for the Plaintiff’s assignors and received the Song
10 and Video as part of facilitating the deal (which eventually fell through).
11 55. Just two weeks later Cotter posted on social media that he was working
12 with Normani and Fifth Harmony in the studio.
13 56. Cotter is reasonably believed to have given Normani the Song during that
14 time.
15 57. Cotter, it should be noted, co-manages the artist, Bazzi, along with
16 Normani’s manager, Brandon Silverstein.
17 58. Sixth, in the alternative, access to Plaintiff’s Song is demonstrated by
18 Defendants’ use and mention of the ideas used and considered in the creation of
19 Plaintiff’s music video. Vincent, Miranda, and Banlaoi created the concept of a
20 woman interpretive dancing alone, which was counterintuitive and unique given the
21 title of the music video “Dancing With a Stranger”. Nothing about this theme or motif
22 is suggested by the title or lyrics of Plaintiff or Defendants’ songs.
23 59. Furthermore, during the creative process the Plaintiff’s assignors created
24 call sheets which discussed using the idea of portraying lifeless mannequins coming
25 to life. This idea, too, is unique and not suggested by the title or lyrics of the song. In
26 fact, it is a creative and bizarre concept. Moreover, it was not used in the video. Only
27 a limited number of people had access to the call sheet.
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1 60. The Video released by Defendants for their Infringing Song is

2 thematically and visually similar to Plaintiff’s video. It, too, features a lone woman
3 performing interpretative dance, interspersed with shots of a male vocalist. When
4 viewed along with the musical, lyrical, and title similarities, the possibility of
5 independent creation is extremely unlikely.
6 61. Further proof of access comes from an interview comment by Normani
7 and the director of Defendants’ music video, Vaughan Arnell, that Defendants had
8 considered using porcelain statues coming to life in the music video—just as the trio
9 had wanted to do with mannequins. Plaintiff alleges that it is not possible that these
10 commonalities, especially in combination, are the product of coincidence.
11 62. As a result of Defendants’ exploitation of Plaintiff’s song without
12 permission, they obtained a massive international hit single which generated
13 significant revenue and profits.
14 63. Defendants’ representatives were contacted in November 2020 about the
15 similarities. Defendants were given every chance to come up with an innocent
16 explanation, but, despite assurances that a response was coming including a
17 musicological analysis and report, the Defendants never issued a response. This suit
18 is being filed as a last resort.
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1 THE PARTIES
2 I. Plaintiff
3 A. Sound and Color, LLC (“Sound and Color” or “Plaintiff”)
4 64. Plaintiff Sound and Color, LLC is a Pennsylvania limited liability
5 company, which owns all rights and interests in Plaintiff’s Song, including the music
6 composition copyright and sound recording copyright.
7 65. In February/March 2015, singer and songwriter Jordan Vincent wrote
8 “Dancing with a Stranger” (also known as “Dancing With Strangers”), along with co-
9 authors Christopher Miranda and Rosco Banlaoi of the production duo known as
10 SKX.
11 66. In February/March 2015, singer and songwriter Jordan Vincent wrote
12 “Dancing with a Stranger” (also known as “Dancing With Strangers”), along with
13 Christopher Miranda of the production duo known as SKX.
14 67. Vincent, Miranda, and Banlaoi have transferred all of their ownership
15 and copyright interest in the music composition and sound recording to plaintiff entity
16 Sound and Color, LLC, which is the owner of the song. The assignment is in the
17 process of being recorded with the Copyright Office.
18 68. Vincent, Miranda, and Banlaoi have transferred all of their ownership
19 and copyright interest in the music composition and sound recording to plaintiff entity
20 Sound and Color, LLC, which is the owner of the song. The assignment is in the
21 process of being recorded with the Copyright Office to update its current ownership.
22 II. Defendants
23 A. Samuel Smith (“Smith”)
24 69. Sam Smith is a recording artist who resides in Los Angeles, CA and
25 London, UK.
26 70. Defendant Smith co-authored and owns the infringing song “Dancing
27 With a Stranger.”
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1 71. Defendant Smith directly infringed Plaintiff’s Song by duplicating it,

2 copying it, creating derivative works, publicly performing it, and otherwise
3 reproducing and exploiting it without authorization.
4 72. At all points Defendant Smith had the right and ability to control or stop
5 the infringing conduct but failed to do so.
6 73. At all points as a co-author and co-owner of the Infringing Song
7 Defendant Smith knew of the infringement and also materially contributed and caused
8 the infringement by, including but not limited to, promoting, distributing, and selling
9 the infringing song “Dancing With a Stranger” and/or permitting its use. This includes
10 by licensing the song’s use, or allowing the same, on streaming and digital download
11 services such as Spotify, YouTube, Pandora, Amazon, iTunes, and others.
12 74. Defendant has received significant financial benefits as a result of the
13 infringement.
14 75. Although Smith has publicly claimed that he wrote the Infringing Song
15 in a day in August 2018, giving the impression he wrote the song from his own
16 creativity, this is not consistent with how he and his team typically create music.
17 76. In reality most of the songs he “writes” are collaborative efforts, as
18 indicated by the five credited authors on “Dancing With a Stranger,” including
19 defendants Eriksen, Hermansen, and Napier. These collaborative writing efforts
20 typically include using preexisting pieces of music to create songs.
21 77. The songwriting process used by Smith and his team is relevant to how
22 the Infringing Song was allegedly created, especially where existing music is typically
23 used by Smith and his co-authors to create new songs.
24 78. For instance, Smith and Napier wrote a song in or around 2014 called
25 “Stay With Me.” The melody was highly similar to Tom Petty’s famous “I Won’t
26 Back Down,” leading to infringement allegations by Petty against Smith.
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1 79. Although Smith (dubiously) denied ever hearing the famous song before
2 writing “Stay With Me,” there is little doubt that his co-authors and team had heard it
3 and that it influenced the writing of Smith’s song.
4 80. Restated, Smith does not typically create songs on his own and by
5 himself as he often states and implies, but instead the original musical ideas typically
6 come from other sources.
7 81. The significance is that Defendants’ songwriting process discredits
8 Smith’s public statements implying he wrote “Dancing With a Stranger” in a day, and
9 also indicates that preexisting music (i.e. Plaintiff’s Song) was used to create it.
10 B. Normani Kordei Hamilton (“Normani”)
11 82. Normani Kordei Hamilton is a singer songwriter who upon information
12 and belief resides in Los Angeles, CA and Texas.
13 83. Defendant Normani co-authored and co-owns the infringing song
14 “Dancing With a Stranger.”
15 84. Defendant Normani directly infringed Plaintiff’s Song by duplicating it,
16 copying it, creating derivative works, publicly performing it, and otherwise
17 reproducing and exploiting it without authorization.
18 85. At all points Defendant Normani had the right and ability to control or
19 stop the infringing conduct but failed to do so.
20 86. At all points as a co-author and co-owner of the Infringing Song
21 Defendant Normani knew of the infringement and also materially contributed and
22 caused the infringement by, including but not limited to, promoting, distributing, and
23 selling the infringing song “Dancing With a Stranger” and/or permitting its use. This
24 includes by licensing the song’s use, or allowing the same, on streaming and digital
25 download services such as Spotify, YouTube, Pandora, Amazon, iTunes, and others.
26 87. Defendant Normani has received significant financial benefits as a result
27 of the infringement.
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1 C. Stargate (“Stargate”)
2 88. Stargate is a production duo composed of Mikkel Eriksen and Tor
3 Hermansen.
4 89. Upon information and belief it is an entity of unknown form.
5 90. Defendant Stargate co-authored and co-owns the Infringing Song
6 “Dancing With a Stranger.”
7 91. Defendant Stargate, by and through Eriksen and Hermansen, directly
8 infringed Plaintiff’s Song by duplicating it, copying it, creating derivative works,
9 publicly performing it, and otherwise reproducing and exploiting it without
10 authorization.
11 92. At all points Defendant Stargate had the right and ability to control or
12 stop the infringing conduct but failed to do so.
13 93. At all points as a co-author and co-owner of the Infringing Song
14 Defendant Stargate knew of the infringement and also materially contributed and
15 caused the infringement by, including but not limited to, promoting, distributing, and
16 selling the infringing song “Dancing With a Stranger” and/or permitting its use. This
17 includes by licensing the song’s use, or allowing the same, on streaming and digital
18 download services such as Spotify, YouTube, Pandora, Amazon, iTunes, and others.
19 94. Defendant Stargate has received significant financial benefits as a result
20 of the infringement.
21 D. Mikkel Storleer Eriksen (“Eriksen”)
22 95. Mikkel Storleer Eriksen is a songwriter residing, upon information and
23 belief, in Norway and Los Angeles, CA.
24 96. Defendant Eriksen co-authored and co-owns the Infringing Song
25 “Dancing With a Stranger.”
26 97. Defendant Eriksen directly infringed Plaintiff’s Song by duplicating it,
27 copying it, creating derivative works, publicly performing it, and otherwise
28 reproducing and exploiting it without authorization.
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1 98. At all points Defendant Eriksen had the right and ability to control or
2 stop the infringing conduct but failed to do so.
3 99. At all points as a co-author and co-owner of the infringing song
4 Defendant Eriksen knew of the infringement and also materially contributed and
5 caused the infringement by, including but not limited to, promoting, distributing, and
6 selling the infringing song “Dancing With a Stranger” and/or permitting its use. This
7 includes by licensing the song’s use, or allowing the same, on streaming and digital
8 download services such as Spotify, YouTube, Pandora, Amazon, iTunes, and others.
9 100. Defendant Eriksen has received significant financial benefits as a result
10 of the infringement.
11 E. Tor Erik Hermansen (“Hermansen”)
12 101. Tor Erik Hermansen is a songwriter residing, upon information and
13 belief, in Norway and Los Angeles, CA.
14 102. Defendant Hermansen co-authored and co-owns the Infringing Song
15 “Dancing With a Stranger.”
16 103. Defendant Hermansen directly infringed Plaintiff’s Song by duplicating
17 it, copying it, creating derivative works, publicly performing it, and otherwise
18 reproducing and exploiting it without authorization.
19 104. At all points Defendant Hermansen had the right and ability to control or
20 stop the infringing conduct but failed to do so.
21 105. At all points as a co-author and co-owner of the infringing song
22 Defendant Hermansen knew of the infringement and also materially contributed and
23 caused the infringement by, including but not limited to, promoting, distributing, and
24 selling the infringing song “Dancing With a Stranger” and/or permitting its use. This
25 includes by licensing the song’s use, or allowing the same, on streaming and digital
26 download services such as Spotify, YouTube, Pandora, Amazon, iTunes, and others.
27 106. As an owner of the infringing copyright Defendant has received
28 significant financial benefits as a result of the infringement.
16
PLAINTIFF’S COMPLAINT
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 19 of 80 Page ID #:19

1 F. James John Napier aka Jimmy Napes (“Napier”)

2 107. James John Napier is a British songwriter residing upon information and
3 belief in the United Kingdom and Los Angeles, CA.
4 108. Defendant Napier co-authored and co-owns the Infringing Song
5 “Dancing With a Stranger.”
6 109. Defendant Napier directly infringed Plaintiff’s Song by duplicating it,
7 copying it, creating derivative works, publicly performing it, and otherwise
8 reproducing and exploiting it without authorization.
9 110. At all points Defendant Napier had the right and ability to control or stop
10 the infringing conduct but failed to do so.
11 111. At all points as a co-author and co-owner of the infringing song
12 Defendant Napier knew of the infringement and also materially contributed and
13 caused the infringement by, including but not limited to, promoting, distributing, and
14 selling the infringing song “Dancing With a Stranger” and/or permitting its use. This
15 includes by licensing the song’s use, or allowing the same, on streaming and digital
16 download services such as Spotify, YouTube, Pandora, Amazon, iTunes, and others.
17 112. As an owner of the infringing copyright Defendant has received
18 significant financial benefits as a result of the infringement.
19 G. EMI Music Publishing LTD (“EMI Music Publishing”)
20 113. EMI Music Publishing is owned by Sony/ATV which is doing business
21 as Sony Music Publishing. It is unclear if it is extant entity.
22 114. Defendant co-owns and/or publishes and/or administers the Infringing
23 Song “Dancing With a Stranger,” at least in part.
24 115. Defendant EMI Music Publishing directly infringed Plaintiff’s Song by
25 duplicating it, copying it, creating derivative works, publicly performing it, and
26 otherwise reproducing and exploiting it without authorization.
27 116. At all points Defendant EMI Music Publishing had the right and ability
28 to control or stop the infringing conduct but failed to do so.
17
PLAINTIFF’S COMPLAINT
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 20 of 80 Page ID #:20

1 117. At all points as a co-owner and co-administrator of the infringing song

2 Defendant EMI Music Publishing knew of the infringement and also materially
3 contributed and caused the infringement by, including but not limited to, promoting,
4 distributing, and selling the infringing song “Dancing With a Stranger” and/or
5 permitting its use. This includes by licensing the song’s use, or allowing the same, on
6 streaming and digital download services such as Spotify, YouTube, Pandora, Amazon,
7 iTunes, and others.
8 118. As an owner of the infringing copyright Defendant has received
9 significant financial benefits as a result of the infringement
10 H. EMI April Music Inc. (“April Music”)
11 119. Defendant owns and/or publishes and/or administers the infringing song
12 “Dancing With a Stranger,” at least in part.
13 120. Defendant April Music directly infringed Plaintiff’s Song by
14 duplicating it, copying it, creating derivative works, publicly performing it, and
15 otherwise reproducing and exploiting it without authorization.
16 121. At all points Defendant April Music had the right and ability to control
17 or stop the infringing conduct but failed to do so.
18 122. At all points as a co-owner and co-administrator of the Infringing Song
19 Defendant April Music knew of the infringement and also materially contributed and
20 caused the infringement by, including but not limited to, promoting, distributing, and
21 selling the infringing song “Dancing With a Stranger” and/or permitting its use. This
22 includes by licensing the song’s use, or allowing the same, on streaming and digital
23 download services such as Spotify, YouTube, Pandora, Amazon, iTunes, and others.
24 123. Defendant has received significant financial benefits as a result of the
25 infringement
26 I. EMI Blackwood Music Inc. (“EMI Blackwood”)
27 124. Defendant owns and/or publishes and/or administers the infringing song
28 “Dancing With a Stranger,” at least in part.
18
PLAINTIFF’S COMPLAINT
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 21 of 80 Page ID #:21

1 125. Defendant EMI Blackwood directly infringed Plaintiff’s Song by

2 duplicating it, copying it, creating derivative works, publicly performing it, and
3 otherwise reproducing and exploiting it without authorization.
4 126. At all points Defendant EMI Blackwood had the right and ability to
5 control or stop the infringing conduct but failed to do so.
6 127. At all points as a co-owner and co-administrator of the Infringing Song
7 Defendant EMI Blackwood knew of the infringement and also materially contributed
8 and caused the infringement by, including but not limited to, promoting, distributing,
9 and selling the infringing song “Dancing With a Stranger” and/or permitting its use.
10 This includes by licensing the song’s use, or allowing the same, on streaming and
11 digital download services such as Spotify, YouTube, Pandora, Amazon, iTunes, and
12 others.
13 128. Defendant has received significant financial benefits as a result of the
14 infringement
15 J. Salli Isaak Songs LTD (“Salli”)
16 129. This is a publishing entity owned by defendant Napier.
17 130. Defendant Salli owns and/or publishes and/or administers the infringing
18 song “Dancing With a Stranger,” at least in part.
19 131. Defendant Salli directly infringed Plaintiff’s Song by duplicating it,
20 copying it, creating derivative works, publicly performing it, and otherwise
21 reproducing and exploiting it without authorization.
22 132. At all points Defendant Salli had the right and ability to control or stop
23 the infringing conduct but failed to do so.
24 133. At all points as a co-owner and co-administrator of the Infringing Song
25 Defendant Salli knew of the infringement and also materially contributed and caused
26 the infringement by, including but not limited to, promoting, distributing, and selling
27 the infringing song “Dancing With a Stranger” and/or permitting its use. This includes
28 by licensing the song’s use, or allowing the same, on streaming and digital download
19
PLAINTIFF’S COMPLAINT
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 22 of 80 Page ID #:22

1 services such as Spotify, YouTube, Pandora, Amazon, iTunes, and others.

2 134. Defendant has received significant financial benefits as a result of the
3 infringement.
4 K. Downtown Music Publishing LLC (“Downtown”)
5 135. Defendant owns and/or publishes and/or administers the infringing song
6 “Dancing With a Stranger,” at least in part.
7 136. Defendant Downtown directly infringed Plaintiff’s Song by duplicating
8 it, copying it, creating derivative works, publicly performing it, and otherwise
9 reproducing and exploiting it without authorization.
10 137. At all points Defendant Downtown had the right and ability to control or
11 stop the infringing conduct but failed to do so.
12 138. At all points as a co-owner and co-administrator of the Infringing Song
13 Defendant Downtown knew of the infringement and also materially contributed and
14 caused the infringement by, including but not limited to, promoting, distributing, and
15 selling the infringing song “Dancing With a Stranger” and/or permitting its use. This
16 includes by licensing the song’s use, or allowing the same, on streaming and digital
17 download services such as Spotify, YouTube, Pandora, Amazon, iTunes, and others.
18 139. Defendant has received significant financial benefits as a result of the
19 infringement.
20 L. Universal Music Operations Limited (“Universal Music
21 Operations”)
22 140. This is the official name of Universal Music UK, which owns the
23 phonographic copy of the infringing song “Dancing With a Stranger.”
24 141. Defendant Universal Music Operations owns and/or publishes and/or
25 administers the infringing song “Dancing With a Stranger,” at least in part.
26 142. Defendant Universal Music Operations directly infringed Plaintiff’s
27 Song by duplicating it, copying it, creating derivative works, publicly performing it,
28 and otherwise reproducing and exploiting it without authorization.
20
PLAINTIFF’S COMPLAINT
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 23 of 80 Page ID #:23

1 143. At all points Defendant Universal Music Operations had the right and
2 ability to control or stop the infringing conduct but failed to do so.
3 144. At all points as a co-owner and co-administrator of the Infringing Song
4 Defendant Universal Music Operations knew of the infringement and also materially
5 contributed and caused the infringement by, including but not limited to, promoting,
6 distributing, and selling the infringing song “Dancing With a Stranger” and/or
7 permitting its use. This includes by licensing the song’s use, or allowing the same, on
8 streaming and digital download services such as Spotify, YouTube, Pandora, Amazon,
9 iTunes, and others.
10 145. As an owner of the infringing copyright Defendant has received
11 significant financial benefits as a result of the infringement.
12 M. Universal Music Group (“Universal Music”)
13 146. Defendant Universal Music owns and/or publishes and/or administers the
14 infringing song “Dancing With a Stranger,” at least in part.
15 147. Defendant Universal Music directly infringed Plaintiff’s Song by
16 duplicating it, copying it, creating derivative works, publicly performing it, and
17 otherwise reproducing and exploiting it without authorization.
18 148. At all points Defendant Universal Music had the right and ability to
19 control or stop the infringing conduct but failed to do so.
20 149. At all points as a co-owner and co-administrator of the Infringing Song
21 Defendant Universal Music knew of the infringement and also materially contributed
22 and caused the infringement by, including but not limited to, promoting, distributing,
23 and selling the infringing song “Dancing With a Stranger” and/or permitting its use.
24 This includes by licensing the song’s use, or allowing the same, on streaming and
25 digital download services such as Spotify, YouTube, Pandora, Amazon, iTunes, and
26 others.
27 150. Defendant has received significant financial benefits as a result of the
28 infringement
21
PLAINTIFF’S COMPLAINT
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 24 of 80 Page ID #:24

1 N. Naughty Words Limited (“Naughty Words”)

2 151. This is Sam Smith’s publishing entity.
3 152. Defendant Naughty Words owns and/or publishes and/or administers the
4 infringing song “Dancing With a Stranger,” at least in part.
5 153. Defendant Naughty Words directly infringed Plaintiff’s Song by
6 duplicating it, copying it, creating derivative works, publicly performing it, and
7 otherwise reproducing and exploiting it without authorization.
8 154. At all points Defendant Naughty Words had the right and ability to
9 control or stop the infringing conduct but failed to do so.
10 155. At all points as a co-owner and co-administrator of the Infringing Song
11 Defendant Naughty Words knew of the infringement and also materially contributed
12 and caused the infringement by, including but not limited to, promoting, distributing,
13 and selling the infringing song “Dancing With a Stranger” and/or permitting its use.
14 This includes by licensing the song’s use, or allowing the same, on streaming and
15 digital download services such as Spotify, YouTube, Pandora, Amazon, iTunes, and
16 others..
17 156. Defendant has received significant financial benefits as a result of the
18 infringement
19 O. Songs of NKH (“NKH”)
20 157. This is a publishing entity owned by defendant Normani.
21 158. Defendant owns and/or publishes and/or administers the infringing song
22 “Dancing With a Stranger,” at least in part.
23 159. Defendant NKH directly infringed Plaintiff’s Song by duplicating it,
24 copying it, creating derivative works, publicly performing it, and otherwise
25 reproducing and exploiting it without authorization.
26 160. At all points Defendant NKH had the right and ability to control or stop
27 the infringing conduct but failed to do so.
28
22
PLAINTIFF’S COMPLAINT
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 25 of 80 Page ID #:25

1 161. At all points as a co-owner and co-administrator of the Infringing Song

2 Defendant NKH knew of the infringement and also materially contributed and caused
3 the infringement by, including but not limited to, promoting, distributing, and selling
4 the infringing song “Dancing With a Stranger” and/or permitting its use. This includes
5 by licensing the song’s use, or allowing the same, on streaming and digital download
6 services such as Spotify, YouTube, Pandora, Amazon, iTunes, and others.
7 162. Defendant has received significant financial benefits as a result of the
8 infringement.
9 P. Stellar Songs Limited (“Stellar Limited”)
10 163. Upon information and belief this is a publishing entity for Stargate,
11 Eriken, and Hermansen
12 164. Defendant Stellar Limited owns and/or publishes and/or administers the
13 infringing song “Dancing With a Stranger,” at least in part.
14 165. Defendant Stellar Limited directly infringed Plaintiff’s Song by
15 duplicating it, copying it, creating derivative works, publicly performing it, and
16 otherwise reproducing and exploiting it without authorization.
17 166. At all points Defendant Stellar Limited had the right and ability to control
18 or stop the infringing conduct but failed to do so.
19 167. At all points as a co-owner and co-administrator of the Infringing Song
20 Defendant Stellar Limited knew of the infringement and also materially contributed
21 and caused the infringement by, including but not limited to, promoting, distributing,
22 and selling the infringing song “Dancing With a Stranger” and/or permitting its use.
23 This includes by licensing the song’s use, or allowing the same, on streaming and
24 digital download services such as Spotify, YouTube, Pandora, Amazon, iTunes, and
25 others.
26 168. Defendant has received significant financial benefits as a result of the
27 infringement.
28
23
PLAINTIFF’S COMPLAINT
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 26 of 80 Page ID #:26

1 Q. Stellar Songs (“Stellar”)

2 169. Upon information and belief this is a publishing entity for Stargate,
3 Eriken, and Hermansen
4 170. Defendant Stellar owns and/or publishes and/or administers “Dancing
5 With a Stranger,” at least in part.
6 171. Defendant Stellar directly infringed Plaintiff’s Song by duplicating it,
7 copying it, creating derivative works, publicly performing it, and otherwise
8 reproducing and exploiting it without authorization.
9 172. At all points Defendant Stellar had the right and ability to control or stop
10 the infringing conduct but failed to do so.
11 173. At all points as a co-owner and co-administrator of the Infringing Song
12 Defendant Stellar knew of the infringement and also materially contributed and
13 caused the infringement by, including but not limited to, promoting, distributing, and
14 selling the infringing song “Dancing With a Stranger” and/or permitting its use. This
15 includes by licensing the song’s use, or allowing the same, on streaming and digital
16 download services such as Spotify, YouTube, Pandora, Amazon, iTunes, and others.
17 174. Defendant has received significant financial benefits as a result of the
18 infringement.
19 R. Sony/ATV Music Publishing LLC (“Sony/ATV Music Publishing”)
20 175. Defendant owns and/or publishes and/or administers the Infringing
21 Song “Dancing With a Stranger,” at least in part.
22 176. Defendant Sony/ATV Music Publishing directly infringed Plaintiff’s
23 Song by duplicating it, copying it, creating derivative works, publicly performing it,
24 and otherwise reproducing and exploiting it without authorization.
25 177. At all points Defendant Sony/ATV Music Publishing had the right and
26 ability to control or stop the infringing conduct but failed to do so.
27 178. At all points as a co-owner and co-administrator of the Infringing Song
28 Defendant Sony/ATV Music Publishing knew of the infringement and also materially
24
PLAINTIFF’S COMPLAINT
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 27 of 80 Page ID #:27

1 contributed and caused the infringement by, including but not limited to, promoting,
2 distributing, and selling the infringing song “Dancing With a Stranger” and/or
3 permitting its use. This includes by licensing the song’s use, or allowing the same, on
4 streaming and digital download services such as Spotify, YouTube, Pandora, Amazon,
5 iTunes, and others.
6 179. Defendant has received significant financial benefits as a result of the
7 infringement
8 S. Sony/ATV Music Publishing Ltd. (“Sony/ATV Music Ltd.”)
9 180. Defendant owns and/or publishes and/or administers the infringing song
10 “Dancing With a Stranger,” at least in part.
11 181. Defendant Sony/ATV Music Ltd. directly infringed Plaintiff’s Song by
12 duplicating it, copying it, creating derivative works, publicly performing it, and
13 otherwise reproducing and exploiting it without authorization.
14 182. At all points Defendant Sony/ATV Music Ltd. had the right and ability
15 to control or stop the infringing conduct but failed to do so.
16 183. At all points as a co-owner and co-administrator of the Infringing Song
17 Defendant Sony/ATV Music Ltd. knew of the infringement and also materially
18 contributed and caused the infringement by, including but not limited to, promoting,
19 distributing, and selling the infringing song “Dancing With a Stranger” and/or
20 permitting its use. This includes by licensing the song’s use, or allowing the same, on
21 streaming and digital download services such as Spotify, YouTube, Pandora, Amazon,
22 iTunes, and others.
23 184. Defendant has received significant financial benefits as a result of the
24 infringement.
25 T. Sony/ATV Songs LLC (“Sony/ATV Songs”)
26 185. Defendant owns and/or publishes and/or administers the Infringing Song
27 “Dancing With a Stranger,” at least in part.
28 186. Defendant Sony/ATV Songs directly infringed Plaintiff’s Song by
25
PLAINTIFF’S COMPLAINT
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 28 of 80 Page ID #:28

1 duplicating it, copying it, creating derivative works, publicly performing it, and
2 otherwise reproducing and exploiting it without authorization.
3 187. At all points Defendant Sony/ATV Songs had the right and ability to
4 control or stop the infringing conduct but failed to do so.
5 188. At all points as a co-owner and co-administrator of the Infringing Song
6 Defendant Sony/ATV Songs knew of the infringement and also materially contributed
7 and caused the infringement by, including but not limited to, promoting, distributing,
8 and selling the infringing song “Dancing With a Stranger” and/or permitting its use.
9 This includes by licensing the song’s use, or allowing the same, on streaming and
10 digital download services such as Spotify, YouTube, Pandora, Amazon, iTunes, and
11 others.
12 189. Defendant has received significant financial benefits as a result of the
13 infringement.
14 U. Sony Music Group; Sony Corporation of America (the “Sony
15 Defendants”)
16 190. The Sony Defendants own and/or publish and/or administer the
17 Infringing Song “Dancing With a Stranger,” at least in part.
18 191. The Sony Defendants directly infringed Plaintiff’s Song by duplicating
19 it, copying it, creating derivative works, publicly performing it, and otherwise
20 reproducing and exploiting it without authorization.
21 192. At all points the Sony Defendants had the right and ability to control or
22 stop the infringing conduct but failed to do so.
23 193. At all points as a co-owner and co-administrator of the Infringing Song
24 The Sony Defendants knew of the infringement and also materially contributed and
25 caused the infringement by, including but not limited to, promoting, distributing, and
26 selling the infringing song “Dancing With a Stranger” and/or permitting its use. This
27 includes by licensing the song’s use, or allowing the same, on streaming and digital
28 download services such as Spotify, YouTube, Pandora, Amazon, iTunes, and others.
26
PLAINTIFF’S COMPLAINT
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 29 of 80 Page ID #:29

1 194. Defendants have received significant financial benefits as a result of the

2 infringement.
3 V. UMG Recordings, Inc. (“UMG Recordings”)
4 195. Defendant owns and/or publishes and/or administers the Infringing Song
5 “Dancing With a Stranger,” at least in part.
6 196. Defendant UMG Recordings directly infringed Plaintiff’s Song by
7 duplicating it, copying it, creating derivative works, publicly performing it, and
8 otherwise reproducing and exploiting it without authorization.
9 197. At all points Defendant UMG Recordings had the right and ability to
10 control or stop the infringing conduct but failed to do so.
11 198. At all points as a co-owner and co-administrator of the infringing song
12 Defendant UMG Recordings knew of the infringement and also materially contributed
13 and caused the infringement by, including but not limited to, promoting, distributing,
14 and selling the infringing song “Dancing With a Stranger” and/or permitting its use.
15 This includes by licensing the song’s use, or allowing the same, on streaming and
16 digital download services such as Spotify, YouTube, Pandora, Amazon, iTunes, and
17 others.
18 199. Defendant has received significant financial benefits as a result of the
19 infringement
20 W. Tim & Danny Music LLC (“Tim & Danny”)
21 200. Defendant Tim and Danny executive produced and is alleged to own
22 and/or publish and/or administer the infringing song “Dancing With a Stranger,” at
23 least in part.
24 201. Defendant Tim & Danny directly infringed Plaintiff’s Song by
25 duplicating it, copying it, creating derivative works, publicly performing it, and
26 otherwise reproducing and exploiting it without authorization.
27 202. At all points Defendant Tim & Danny had the right and ability to control
28 or stop the infringing conduct but failed to do so.
27
PLAINTIFF’S COMPLAINT
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 30 of 80 Page ID #:30

1 203. At all points as a co-owner and co-administrator of the Infringing Song

2 Defendant Tim & Danny knew of the infringement and also materially contributed
3 and caused the infringement by, including but not limited to, promoting, distributing,
4 and selling the infringing song “Dancing With a Stranger” and/or permitting its use.
5 This includes by licensing the song’s use, or allowing the same, on streaming and
6 digital download services such as Spotify, YouTube, Pandora, Amazon, iTunes, and
7 others.
8 204. Defendant has received significant financial benefits as a result of the
9 infringement.
10 X. 45th & 3rd Music LLC (“45th & 3rd”)
11 205. Defendant 45th & 3rd produced the infringing song “Dancing With a
12 Stranger.”
13 206. Defendant 45th & 3rd owns and/or publishes and/or administers the
14 infringing song “Dancing With a Stranger,” at least in part.
15 207. Defendant 45th & 3rd directly infringed Plaintiff’s Song by duplicating
16 it, copying it, creating derivative works, publicly performing it, and otherwise
17 reproducing and exploiting it without authorization.
18 208. At all points Defendant 45th & 3rd had the right and ability to control or
19 stop the infringing conduct but failed to do so.
20 209. At all points as a co-owner and co-administrator of the Infringing Song
21 Defendant 45th & 3rd knew of the infringement and also materially contributed and
22 caused the infringement by, including but not limited to, promoting, distributing, and
23 selling the infringing song “Dancing With a Stranger” and/or permitting its use. This
24 includes by licensing the song’s use, or allowing the same, on streaming and digital
25 download services such as Spotify, YouTube, Pandora, Amazon, iTunes, and others.
26 210. Defendant has received significant financial benefits as a result of the
27 infringement.
28
28
PLAINTIFF’S COMPLAINT
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 31 of 80 Page ID #:31

1 211. On information and belief, each and every Defendant was an agent,
2 partner, representative, affiliate, employee, alter ego, or co-conspirator of each and
3 every other Defendant, and in doing the things alleged herein, each and every
4 Defendant was acting pursuant to such conspiracy and/or within the course and scope
5 of such agency, representation, affiliation, control or employment and was acting with
6 the consent, permission and authorization of the other Defendants. Moreover, on
7 information and belief, each Defendant who joined the conspiracy after its formation
8 ratified, adopted and is liable for all acts committed in furtherance of the conspiracy
9 including those committed before such Defendant joined the conspiracy.
10 212. Whenever the Complaint refers to any act or acts of a Defendant, the
11 reference shall also be deemed to mean that the directors, officers, employees,
12 affiliates, controlling companies or agents of the responsible Defendants authorized
13 such act while actively engaged in the management, direction or control of the affairs
14 of Defendant, and each of them, and/or by persons who are the alter ego of
15 Defendants, or while acting within the scope of their agency, affiliation, control, or
16 employment. Whenever the Complaint refers to any act of Defendants, the references
17 shall be deemed to be the act of each Defendant, jointly and severally.
18 JURISDICTION AND VENUE
19 213. Plaintiff hereby incorporates by reference the preceding paragraphs and
20 repeats and realleges each of the allegations as if fully set forth here.
21 214. This action is brought as a copyright infringement case and related
22 claims; and therefore, subject matter jurisdiction lies within this Court, pursuant to
23 28 U.S.C. §§ 1331 and 1338.
24 215. The Central District of California has personal jurisdiction over each and
25 every Defendant by virtue of (1) their specific contacts with this district, and (2) their
26 general, systematic, and continuous business and music contacts with this district.
27 216. Furthermore, the defendants, as elaborated in the above section and
28 incorporated here by reference, reside in the Central District of California, and/or do
29
PLAINTIFF’S COMPLAINT
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 32 of 80 Page ID #:32

1 substantial business with those businesses which reside in this district related to the
2 allegations in this complaint.
3 217. Venue lies within this Court pursuant to 28 U.S.C. Sections 1391(b)(1) –
4 (3), 1391(c), 1391(d), and 1400(a) in that one or more defendants reside in this district
5 or have agents that reside in the district and/or are found in the district.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
30
PLAINTIFF’S COMPLAINT
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 33 of 80 Page ID #:33

1 C A U S E S O F A CT I O N
2 FIRST CAUSE OF ACTION
3 Direct Copyright Infringement
4 (Against All Defendants)
5 218. Plaintiff hereby incorporates by reference the preceding paragraphs and
6 repeats and realleges each of the allegations as if fully set forth here.
7 219. Plaintiff own all rights in the musical composition and sound recording
8 “Dancing with a Stranger” also known as “Dancing with Strangers” which is an
9 original and novel copyrightable composition and sound recording.
10 220. To be liable for direct copyright infringement a defendant must have had
11 access to the work allegedly copied, and there must be substantial similarity between
12 the infringing work and the infringed work.
13 221. Access can be established by showing with direct or circumstantial
14 evidence that the work in question was actually copied. Access can also be established
15 by demonstrating that the two works are strikingly similar.
16 222. Here, access is proven as alleged above.
17 223. As noted above, the compositions and sound recordings of the songs are
18 substantially similar both in the lyrics and musical notes, especially in the hook of the
19 song. See Attached Report of Dr. Alexander Stewart.
20 224. The songs’ similarity is especially apparent in the selection and
21 arrangement of the musical composition and sound recording elements, particularly
22 the identical lyrics “Dancing With a Stranger” overlaying the nearly identical
23 melodies, in both songs’ hooks. This selection and arrangement of the musical
24 elements in Plaintiff’s song was copied in Defendants’ song.
25 225. Without authorization or permission, Defendants have exploited
26 Plaintiff’s composition and sound recording, reaping tremendous financial rewards
27 and other pecuniary benefits to the detriment of Plaintiff’s.
28
31
PLAINTIFF’S COMPLAINT
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 34 of 80 Page ID #:34

1 226. Defendants violated Plaintiff’s exclusive rights by, including but not
2 limited to, doing the following:
3 a. copying and reproducing Plaintiff’s music composition and sound
4 recording copyrights without permission,
5 b. preparing derivative works based upon Plaintiff’s music composition and
6 sound recording copyrights which are substantially similar to Plaintiff’s
7 works,
8 c. distributing copies of the copyrighted works to the public,
9 d. performing the works publicly.
10 227. Defendants have also encouraged and otherwise induced third parties to
11 infringe on Plaintiff’s composition and sound recording copyrights on a widespread
12 basis.
13 228. The initial and predicate acts of copying of “Dancing With a Stranger”
14 occurred in the United States in Los Angeles, CA at The Stellar House studio on or
15 around August 7, 2018.
16 229. As a result of Defendants’ conduct, acts, and/or omissions Plaintiff is
17 entitled to relief, including but not limited to actual damages, direct profits, and
18 indirect profits. This includes but is not limited to licensing fees, mechanical royalties,
19 advertising revenue, streaming revenue, and concert revenue—and any other revenue
20 derived from the exploitation of the infringing son “Dancing With a Stranger.”
21 SECOND CAUSE OF ACTION
22 Contributory Copyright Infringement
23 (Against All Defendants)
24 230. Plaintiff hereby incorporates by reference the preceding paragraphs and
25 repeats and realleges each of the allegations as if fully set forth here.
26 231. To state a claim for contributory copyright infringement a plaintiff must
27 show that the defendants induced, caused, materially contributed to, and participated
28 in the infringement of Plaintiff’s copyrighted song, “Dancing With a Stranger.”
32
PLAINTIFF’S COMPLAINT
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 35 of 80 Page ID #:35

1 232. Defendants had and have knowledge of the ongoing infringing activity
2 that is the subject of this lawsuit—the use of “Dancing With A Stranger” in “Dancing
3 With A Stranger”—and have induced and materially contributed to the infringing
4 conduct of the direct infringers of Plaintiff’s copyrighted song.
5 233. Without authorization or permission, Defendants continue to exploit
6 Plaintiff’s Song reaping tremendous financial rewards and other pecuniary benefits,
7 to the detriment of Plaintiff.
8 234. As a result of Defendants’ conduct, acts, and/or omissions Plaintiff is
9 entitled to relief, including but not limited to actual damages, direct profits, and
10 indirect profits. This includes but is not limited to licensing fees, mechanical royalties,
11 advertising revenue, streaming revenue, and concert revenue—and any other revenue
12 derived from the exploitation of the infringing son “Dancing With A Stranger.”
13 THIRD CAUSE OF ACTION
14 Vicarious Copyright Infringement
15 (Against All Defendants)
16 235. Plaintiff hereby incorporates by reference the preceding paragraphs and
17 repeats and realleges each of the allegations as if fully set forth here.
18 236. To state a claim for vicarious copyright infringement the defendants must
19 vicariously profit from the direct infringement while declining to exercise a right to
20 stop or limit the direct infringement.
21 237. Here, all Defendants profit from the dissemination, sale, distribution, and
22 licensing of the infringing song “Dancing With A Stranger.”
23 238. Furthermore, Defendants, as producers, publishers, songwriters, and
24 copyright holders, all have control over the dissemination, sale, distribution, and
25 licensing of the infringing song “Dancing With A Stranger.”
26 239. Without authorization or permission, Defendants continue to exploit
27 Plaintiff’s song “Dancing With A Stranger” as “Dancing With A Stranger,” reaping
28
33
PLAINTIFF’S COMPLAINT
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 36 of 80 Page ID #:36

1 tremendous financial rewards and other pecuniary benefits, to the detriment of

2 Plaintiff.
3 240. As a result of Defendants’ conduct, acts, and/or omissions Plaintiff is
4 entitled to relief, including but not limited to actual damages, direct profits, and
5 indirect profits. This includes but is not limited to licensing fees, mechanical
6 royalties, advertising revenue, streaming revenue, and concert revenue—and any
7 other revenue derived from the exploitation of the infringing song “Dancing With A
8 Stranger.”
9 CLAIMS FOR RELIEF
10 Wherefore, Plaintiff demands judgment in their favor on all Counts and against
11 all Defendants for an amount well in excess of the jurisdictional amount required to
12 guarantee a jury trial. Plaintiff requests that this Court determine and declare that
13 Plaintiff is additionally awarded and afforded on all Counts from Defendants, jointly
14 and severally:
15 (a) Compensatory damages, together with interest, costs, and delay
16 damages;
17 (b) Actual damages, direct profits, and/or indirect profits
18 a. Including but not limited to licensing fees, mechanical
19 royalties, advertising revenue, streaming revenue, concert
20 revenue.
21 (c) Statutory damages of $150,000 per infringement pursuant to 17 U.S.
22 Code § 504 given the willfulness of Defendants’ conduct;
23 (d) Declarations of authorship and ownership;
24 (e) Accounting and constructive trust;
25 (f) Equitable relief pursuant to 17 U.S. Code § 502 and § 503;
26 (g) Punitive and exemplary damages;
27 (h) Injunctive and other equitable relief inclusive of but not limited to
28 impoundment, destruction, and halting of sales of the infringing material.
34
PLAINTIFF’S COMPLAINT
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 37 of 80 Page ID #:37

1 (i) Costs and attorney’s fees; and

2 (j) Such other and further relief as the Court deems just, necessary, and
3 appropriate under the circumstances or allowed by statute.
4
5 Respectfully submitted,
6 Lowe & Associates
7
8
______________________________
9 Steven T. Lowe, Esq.
8383 Wilshire Boulevard, Suite 1038
10
Beverly Hills, CA 90211
11 E: [email protected]
12
Francis Alexander, LLC
13 Alfred J. Fluehr, Esquire
14 Attorney ID No.: 316503
280 N. Providence Road | Suite 1
15 Media, PA 19063
16 T: (215) 341-1063
T: (215) 500-1000
17 E: [email protected]
18 Law Firm / Lawyer for Plaintiff
Moving for Admission Pro Hac Vice
19
20 /d/ March 4, 2022
21
22
23
24
25
26
27
28
35
PLAINTIFF’S COMPLAINT
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 38 of 80 Page ID #:38

1 D E MA N D F O R J U R Y T R I A L
2 Plaintiff hereby demands a trial by jury on all claims and issues so triable.
3
4 Respectfully submitted,
5 Lowe & Associates
6
7
______________________________
8 Steven T. Lowe, Esq.
8383 Wilshire Boulevard, Suite 1038
9
Beverly Hills, CA 90211
10 E: [email protected]
11
Francis Alexander, LLC
12 Alfred J. Fluehr, Esquire
13 Attorney ID No.: 316503
280 N. Providence Road | Suite 1
14 Media, PA 19063
15 T: (215) 341-1063
T: (215) 500-1000
16 E: [email protected]
17 Law Firm / Lawyer for Plaintiff
Moving for Admission Pro Hac Vice
18
19 /d/ March 4, 2022
20
21
22
23
24
25
26
27
28
36
PLAINTIFF’S COMPLAINT
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 39 of 80 Page ID #:39

1 SPOLIATION CLAUSE
2 Plaintiff demands that Defendants take necessary actions to ensure the
3 preservation of all documents and things related to the case—in any format—
4 hardcopy, electronic, audio, and visual, inclusive of but not limited to: the Master
5 recording of the allegedly infringing song “Dancing with a Stranger”, prior recordings
6 of “Dancing with a Stranger,” the individual audio tracks (both from prior recordings
7 and initial/early takes), and any and all session audio, tracks, and takes (whether or
8 not used in the final Master). Defendants should also preserve all ProTools files
9 related to “Dancing with a Stranger.” All material Defendants have related to
10 Plaintiff’s song “Dancing with a Stranger” should also be preserved. Defendants
11 should also preserve any and all video, takes, scripting, notes, cards, or anything else
12 relating to the “Dancing with a Stranger” music video. Defendants should also
13 preserve anything related to Plaintiff’s “Dancing with a Stranger” music video.
14 Defendants are also put on notice to preserve all things including but not limited
15 to information, materials, communications, or other content/data related to the
16 averments in this case.
17 ****
18
19
20
21
22
23
24
25
26
27
28
37
PLAINTIFF’S COMPLAINT
Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 40 of 80 Page ID #:40

EXHIBIT 1
Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 41 of 80 Page ID #:41
Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 42 of 80 Page ID #:42

EXHIBIT 2
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 43 of 80 Page ID #:43

Alexander Stewart, Ph.D. LLC

Preliminary Musicology Report
January 3, 2022

Re: “Dancing with a Stranger” and “Dancing with Strangers”

1. Background

I am Professor of Music, the founder and coordinator of the Jazz Studies Program, and former
Director of Latin American and Caribbean Studies at the University of Vermont. I collaborated
in the design and implementation of our successful Music Technology and Business Program. I
have contributed to numerous peer-reviewed journals and other publications, and I am author of
a book, Making the Scene: Contemporary New York City Big Band Jazz, published by University
of California Press (2007). My article on drumming and rhythms, “Funky Drummer,” first
published in the British journal Popular Music in 2000, has been reprinted in several anthologies
and has been widely cited. My scholarly work encompasses extensive music transcriptions,
musicological analysis, historical research, and other activities, particularly in popular music. I
earned a Ph.D. in Music (Ethnomusicology Concentration) from the Graduate Center of the City
University of New York (CUNY) and a Master of Music in Jazz and Commercial Music from
Manhattan School of Music. During 2006-7 I was a Fulbright scholar researching traditional and
popular music in Mexico. As an active professional musician for more than forty years I have
performed and recorded with leading musicians in jazz and popular music such as Lionel
Hampton, Wynton Marsalis, and Ray Charles. I have provided expert opinions and analysis and
lectured widely on music copyright matters for nearly twenty years. A C.V. attached to this
report lists my professional activities in more detail.

2. Assignment

I have been asked to examine, compare and research two songs: “Dancing with a Stranger” by
Sam Smith ((henceforth “SS”) and “Dancing with a Stranger” (aka “Dancing with Strangers”) by
Jordan Vincent (henceforth “JV”).1 I was provided media and links to the recordings by Francis

1 My understanding is that Jordan Vincent’s original title was “Dancing with a Stranger” and
that, after the release of the Smith song, he altered the title in order to distinguish his work from
the later song.
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 44 of 80 Page ID #:44

Malofiy, Esq. The media included two versions of JV (the deposit copy audio and a YouTube
video – henceforth “JVvid”). These two versions are the same composition – they differ only in
certain structural elements discussed below. While this report provides analysis of both versions,
its primary focus is the deposit copy version and, unless otherwise noted, all references are to
this version. Additionally, I downloaded the sheet music to SS from Musicnotes.com. I was also
asked to perform a preliminary search for other songs containing similar expression (“prior art”).
Finally, I was charged with providing a preliminary assessment of the importance of any similar
expression to each composition.

3. Methodology

I begin with close listening to each song in its entirety. I take note of the general characteristics
of each composition. I then transcribe (put into music notation) similar passages and compare
this expression. While primary emphasis is on melodic content, other expression and details
(lyrics, underlying harmony, accompaniment patterns, etc.) are also taken into consideration. If
important similarities are found, I then conduct a prior art search to look for any other songs
containing similar expression. I then assess the quantitative importance as well as the qualitative
significance of this expression to each song.

4. Summary of Findings

My investigation and analysis have found that the compositions SS and JV are substantially
similar in the lyrics, melodic content (including rhythmic and metric placement), and structural
setting and supportive harmonies of their main themes and choruses. The creative selection and
arrangement of the melody, lyrics and other elements in JV as discussed below are distinctive
and original and this expression forms the musical core of SS. A prior art search turned up no
compositions with anywhere near the degree of similarity as contained in these songs.

5. Analysis

a) General
Although SS is slightly slower than JV, both songs are very similar in style and production.
Other than the acoustic piano sound during the intro and percussion interlude of of JVvid, both
works rely heavily on synthesized instrumental sounds common in contemporary popular dance
music. Harmonically, SS and JV are built on four-chord cycles of major and minor chords
resulting in some ambiguity2 as to key center (particularly in SS). As discussed further below,

2Tonal ambiguity has become fairly common in contemporary popular music, especially in
songs based on repeating four-chord cycles such as heard in these songs. Current scholarship in
music theory has taken note of this trend as evidenced in articles and books by Christopher Doll
(2017 Hearing Harmony: Toward a Tonal Theory for the Rock Era. University of Michigan
Press); Asaf Peres, (2016 “(Dys)Functional Harmony: How Sound Production in Twenty-First-
Century Pop Music Liberates Harmony from Its Functional Role,” paper presented at the annual
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 45 of 80 Page ID #:45

these four-chord cycles repeat throughout much of each song. Overall, I hear the third minor
chord as the “tonic” or key center in SS. My reasons are provided below in the discussion of the
chord progressions.

Key Tempo
SS F minor (Aeolian) 109 bpm
JV G minor (Aeolian) 120 bpm

The Aeolian mode or natural minor is a minor scale with a flattened sixth. On the piano
keyboard an example would be the seven white keys beginning with A.

b) Harmony3
Basic chord sequences
SS (transposed) Eb F G- Bb
JV G- D- Eb F

SS Eb D- G- Bb
JV G- D- Eb F

As will be seen in example 2 below, a simple rotation of the chords yields an almost identical
cycle over eight bars.

SS (transposed) Eb F G- Bb Eb D- G- Bb
JV Eb F G- D- Eb F G- D-

It should be noted that the only different chords here are closely related: D- and F and D- and Bb
share two of the three pitches that make up their triads. The progression D- to G- (v-i) in SS
reinforces the sense of a G minor tonality. Moreover, the bVI-bVII-i (Eb F G-) with the
borrowed IV V chords from the relative major (Bb) is a common cadence in rock and popular
music. Finally, the melodic movement to the pitch G, especially in the opening phrases
establishes a strong sense of G minor at the beginning of the song.

c) Basic Structure and occurrences of choruses

The basic structure of each song is similar. Each begins with several iterations of the chord cycle
before the drums and rhythm section kicks in. Each contains three choruses although in the video
the second and third choruses of JV are separated by a brief percussion interlude.

meeting of the Society for Music Theory, Vancouver, BC); Mark Spicer (2017 “Fragile,
Emergent, and Absent Tonics in Pop and Rock Songs.” Music Theory Online [MTO] 23 (2)); and
Mark Richards (2017 “Tonal Ambiguity in Popular Music’s Axis Progressions” [MTO] 23 (3)).
Music Theory Online is described as “one of the flagship journals of the Society for Music
Theory. It is a peer-reviewed open-access electronic journal of research and scholarship in music
theory, music analysis, and related disciplines.” https://www.mtosmt.org/index.php
3 In this and all subsequent analysis, examples have been transposed to the same key signature as

explained in 5d.
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 46 of 80 Page ID #:46

SS
0:00 intro (out of time)
0:23 intro (time and vocalizations)
0:30 verse
1:09 chorus
1:35 verse
1:55 chorus
2:32 chorus (variation)

JV
0:00 intro (vocalizations)
0:30 verse
1:03 chorus
1:34 verse
2:05 chorus
2:39 intro/interlude
3:56 chorus

JVvid
0:00 intro (piano, out of time)
0:21 intro (time and vocalizations)
0:51 verse
1:23 chorus
1:56 verse
2:26 chorus
[3:00 interlude – video only]
3:40 chorus

d) Melodies, signature themes, and structure

Following standard musicological procedure when comparing two or more works, I have
transcribed or put into music notation the relevant passages. In order to facilitate this comparison
I have transposed JV up a whole step in order to place each song in the same key signature.
Interestingly, this same alteration occurs when JV is slowed to the same tempo as SS (without
using software to maintain a constant pitch level) – the melodic and harmonic content converge
as in my transcriptions below. In the melodies at issue in this case, the lyrics reference the titles
of the songs and they can be considered the title or signature themes in each song. They clearly
form the “hooks”4 in the choruses of each composition. As can be seen below, these phrases
appear thirteen times in SS and twelve times in JV.
Occurrences of signature phrase:

4 In popular music, a “hook” is the most catchy and memorable part of a song. In the music
industry, it is widely believed that, in order to be successful, a song must have at least one
“hook.”
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 47 of 80 Page ID #:47

SS JV JVvid
1:15 1:04 1:26
1:25 1:12 1:34
1:30 1:20 1:41
2:02 1:28 1:49
2:12 2:07 2:29
2:16 2:15 2:37
2:21 2:23 2:44
2:26 (partial) 2:30 2:52
2:39 3:27 3:43
2:49 3:35 3:51
2:59 3:43 3:59
3:04 3:51 4:07
3:09 3:59
4:07
4:15
4:23

As discussed in greater detail below, the phrase “dancing with a stranger” is heard four times in
each chorus except for the first chorus of SS (where it is heard 3 times) and in the second (where
there is a partial fifth iteration) and third chorus of SS and the last chorus, where the signature
phrase is repeated to end the song. The phrase is heard four times during the interlude of JV (but
not during the JVvid percussion interlude).

e) Melodic analysis
As can be seen in Example 1, these passages are nearly identical in melodic contour, rhythm, and
metric placement and the pitch sequences are very similar.5

Example 1 signature phrases

5The most authoritative reference work on music in the English language, the New Grove,
defines melody as “pitched sounds in musical time” and the Oxford Companion to Music
describes it as the “interaction of rhythm and pitch.” The Harvard and Oxford dictionaries of
music further explain that, along with pitch, duration (rhythm) is an essential element in the
formation and recognition of melodies.
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 48 of 80 Page ID #:48

While the pitch sequences are not identical, the identity of these passages is also defined by their
identical lyrics, rhythmic durations, metric placement and structural significance. Both phrases
begin with an anticipation of beat one with the syllable “dan-” and descend by regular eighth
notes to the syllable “stran-” which is held for a full beat before resolving on a chord tone on the
final syllable (“-ger”). One slight difference is that this resolution occurs a half beat later in JV.

f) Structural importance in chorus

Example 2 provides transcriptions of the choruses of both songs. The signature phrases and
common chord changes are depicted in red. As can be seen, both choruses are based on a four-
chord cycle. In both choruses the signature phrase appears four times in each within each four
bars chorus (except for the first chorus of SS where it appears three times).

Example 2. Signature phrases in the choruses

Smith 1:55
JV 0:58
JVvid 1:20
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 49 of 80 Page ID #:49

6. Prior Art
A search for other songs containing the words “dancing with a stranger” unearthed only a dozen
songs that predate the songs at issue in this case. Most are obscure and written in entirely
different styles and genres. In none of these songs is the phrase even remotely similar in melodic
contour, pitch content and rhythm as these phrases in SS and JV are to each other. In many, the
phrase occurs in isolation. The lyric figures importantly as a repeated structural motive (motif) in
only three. As can be seen in example 3, in each of these three earlier songs the phrases are
completely different from the phrases at issue in this case.

Example 3. Prior art

7. Quantitative Analysis
The signature phrase of the choruses provides the main theme of the choruses and appears
thirteen times in SS, sixteen times in JV and twelve times in JVvid. In SS the choruses comprise
a total of 1:45 of the 3:15 song (105 of 195 seconds) or 54%. In JV the phrase at issue provides
the main theme of the choruses which, along with the four iterations in the interlude, account for
2:15 or approximately 56% of the four-minute song. In the video version of JV the choruses
comprise 1:43 or approximately 40% of the total length of the song (4:16). The proportion of the
song in which the choruses and other iterations appear in the deposit copy of JV (without the 40
second percussion interlude) is nearly the same as in SS. While the choruses are constructed
around the signature phrases, these phrases are not present throughout the entire choruses, so the
quantitative percentages could arguably be somewhat lower. The words “dancing with a
stranger” also comprise a significant proportion of the lyrics in both songs (see Attachment 1).
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 50 of 80 Page ID #:50

Since these lyrics occupy the same musical space as the melodic themes, the percentages of the
lyrical similarities can be considered equal to those found in the melodic analysis.

8. Qualitative Analysis

Calculating the amount of time that musical expression is present in a composition is at best a
crude measurement of the value of that expression to the overall song. Qualitative analysis
measures the importance of this musical expression to the larger work. In forensic musicology
the quantitative value is adjusted upward or downward according to its overall significance to the
composition. Qualitatively, these themes are the most important expression in each composition.
The lyrics reference the titles of both songs. In the popular music industry, it is an article of faith
that, to become successful, a song must have at least one “hook” or memorable passage. As the
title or signature phrases of each song, these distinctive phrases must be considered the “hooks”
or most valuable parts of the song. In both songs the phrases are the last music the listener hears.
In this case, because this expression is the most important in each song, the quantitative value
must be adjusted upward significantly. In fact, it is difficult to imagine either song existing
without these signature phrases.

9. Conclusions

The musical expression at issue in this case is substantially similar and is significant both
quantitatively and qualitatively to each song. These signature phrases are distinctive and a prior
art search has uncovered no other songs as similar to these songs as they are to each other. None
of the earlier works exhibit the creative selection and arrangement of elements as originally
heard in JV and later appearing in SS. Indeed, none of this prior art is even remotely similar to
these two songs. As discussed above, the phrases occur repeatedly in both JV and SS in
important places and contain the lyrics referencing the titles. Clearly, they form the most
valuable expression in these compositions. Given the degree of similarity in these distinctive
passages and other details, I consider it extremely unlikely that SS was created independently
from JV.

As a preliminary inquiry, this report is not intended to be exhaustive, and I retain the right to
amend or supplement it should further information become available.

Respectfully submitted,

Alexander Stewart, Ph.D. LLC

Attachments
1) Lyric comparison
2) Alexander Stewart, Ph.D. Curriculum Vitae
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 51 of 80 Page ID #:51

Attachment 1 Lyrics

Dancing with a Stranger Dancing with a Stranger

Jordan Vincent Sam Smith

Verse I Verse I
That girl was on fire from the get go I don’t want to be alone tonight
Never had to let go It’s pretty clear that I’m not over you
She said time passes so slow I’m still thinking ‘bout the things you do
Everything in slow mo So I don’t want to be alone tonight
Over and over again Can you light the fire
Over and over I need somebody who can take control
Over and over I know exactly what I need to do
Over and over ‘Cause I don’t want to be alone tonight,
alone tonight, alone tonight
Chorus
She said I’m gonna die Chorus
Dancing with a stranger Look what you made me do
She said I’m gonna die I’m with somebody new
Dancing with a stranger Ooh, baby, baby I’m dancing with a stranger
She said I’m gonna die Look what you made me do
Dancing with a stranger I’m with somebody new
She said I’m gonna die Ooh, baby, baby I’m dancing with a stranger
Dancing with a stranger Dancing with a stranger

Verse II Verse II
Just one more time before I go home I wasn’t even going out tonight
Baby move me go go But boy I need to get you off my mind
It’s a feeling that’s how I know I know exactly what I have to do
Someday I’m gonna fly baby, Ooh I don’t want to be alone tonight, alone
tonight, alone tonight
Chorus
She said I’m gonna die Chorus
Dancing with a stranger Look what you made me do
She said I’m gonna die I’m with somebody new
Dancing with a stranger Ooh, baby, baby I’m
She said I’m gonna die Dancing with a stranger
Dancing with a stranger Look what you made me do
She said I’m gonna die I’m with somebody new
Dancing with a stranger Ooh, baby, baby I’m
Dancing with a stranger
Interlude
Dancing with a stranger Dancing with a stranger
Dancing with a stranger Dancing with a stranger
Dancing with a stranger Dancing, yeah, ooh
Dancing with a stranger
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 52 of 80 Page ID #:52

Attachment 1 Lyrics

Chorus
Chorus Look what you made me do
She said I’m gonna die I’m with somebody new
Dancing with a stranger Ooh, baby, baby I’m
She said I’m gonna die Dancing with a stranger
Dancing with a stranger Look what you made me do
She said I’m gonna die I’m with somebody new
Dancing with a stranger Ooh, baby, baby I’m
She said I’m gonna die Dancing with a stranger
Dancing with a stranger Dancing with a stranger
Dancing with a stranger
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 53 of 80 Page ID #:53

Alexander Stewart
Department of Music E-mail: [email protected]
University of Vermont Office: (802) 656-7766
Burlington, VT 05405 Mobile: (802) 310-2009

EDUCATION

GRADUATE CENTER: THE CITY UNIVERSITY OF NEW YORK

Ph.D. in Music (Ethnomusicology Concentration), 2000
Dissertation: Composition and Performance in Contemporary New York City Big Bands
(1989-1999) Advisor: Stephen Blum

MANHATTAN SCHOOL OF MUSIC

Master of Music, Jazz and Commercial, 1991

LONG ISLAND UNIVERSITY, C.W. POST

B.F.A., summa cum laude, in Music Education, 1988

TEACHING EXPERIENCE

UNIVERSITY OF VERMONT
Professor, 2012-present
Associate Professor, 2005-2012
Assistant Professor, 1999-2005
Jazz Studies Coordinator, 2003-present
Director, Integrated Fine Arts Program, 2008-2012
Director, Latin American Studies Program, Spring 2006; 2011-16

LONG ISLAND UNIVERSITY, C.W. POST

Instructor in Music, 1988-1999
Director of Jazz Studies

Additional courses at:

The New School (Jazz and American Culture), 1995-1997
John Jay College of CUNY (History of Jazz and Rock), 1995

COURSES TAUGHT

Jazz History
Jazz Improvisation I & II
World Music Cultures
Seminar in Ethnomusicology
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 54 of 80 Page ID #:54

Alex Stewart

Music Business & Copyright

Music Theory
Musical Avant-Gardes
Music of Cuba, Puerto Rico, and the Dominican Republic
Duke Ellington
Jazz Ensembles (Big Band and Combos)
Seminar in World Music (Honors College)
Music of Latin America and the Caribbean
Latin Jazz Summer Immersion
Culture and Politics of Latin American Protest Music (team taught with professors from Political
Science, Romance Languages, and Global Studies)

PUBLICATIONS

Books

Making the Scene: Contemporary New York City Big Band Jazz, Berkeley: University of
California Press, 2007.

Spanish translation from the French and German: Hans Bodenmann, El ABC de la Flauta Dulce.
Zurich: Anton Peterer Music & Books, 2003 (Recorder method book).

Forthcoming

“Music, Media, and Anarchism in the ‘Oaxaca Commune,’” In Oxford Handbook of Protest
Music, edited by Noriko Manabe and Eric Drott, New York: Oxford University Press [2021].

Articles, Book Chapters, Reviews, Entries

“Been Caught Stealing”: A Musicologist’s Perspective on Unlicensed Sampling Disputes”

University of Missouri Kansas City Law Review 83(2): 340-61 (Winter 2014).

“Make It Funky: Fela Kuti, James Brown and the Invention of Afrobeat.” American Studies
52(4) (2013): 99-118.

“La chilena mexicana es peruana: Multiculturalism, Regionalism, and Transnational Musical

Currents in the Hispanic Pacific.” Latin American Music Review/Revista de Música
Latinoamericana 34(1) (Spring 2013) Austin: University of Texas Press.

“‘Funky Drummer’: New Orleans, James Brown and the Rhythmic Transformation of American
Popular Music.” Reprinted in Roots Music, edited by Mark F. DeWitt. London: Ashgate, 2011
(originally published in Popular Music 19(3) October 2000 Cambridge University Press).

Review of Ben Ratliff, Coltrane: The Story of a Sound. Jazz Perspectives 2(1):103-109 (2008).

“Contemporary New York City Big Bands: Composition, Arranging, and Individuality in
Orchestral Jazz,” Ethnomusicology 48(2) (Spring/Summer 2004): 169-202.

2
 Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 55 of 80 Page ID #:55

Alex Stewart

Review of The New Grove Dictionary of Jazz in Ethnomusicology 47(3) (Fall 2003):376-80.

“Second Line,” Encyclopedia of Popular Music of the World. London: Cassell 2003.

Essay review of Lewis Porter, John Coltrane: His Life and Music. Annual Review of Jazz Studies
11, 2000-1 [2002]: 237-52.

“‘Funky Drummer’: New Orleans, James Brown and the Rhythmic Transformation of American
Popular Music,” Popular Music 19(3) (Winter 2000): 293-318.

Review of Scott DeVeaux, The Birth of Bebop. Yearbook of Traditional Music 30 (1998): 135-7.

LECTURES, COLLOQUIA, CONFERENCE PAPERS

"Blurred Lines IV: Legal Considerations When Writing." Canadian Film Centre Slaight Music
Residency Panel Talk. Toronto, Canada. May 27, 2021

“Melody, ‘Beats,’ and Minimalism: Copyright in Contemporary Popular Music.” Substantial

Similarity and the Role of Forensic Musicology in Music Copyright Litigation. American
Musicological Society/Society for Music Theory Annual Meeting, Virtual Conference,
Minneapolis, MN. November 15, 2020.

Silicon Flatirons Conference: The Future of Copyright Infringement Analysis in Music. Invited
panelist and Speaker. March 5, 2020, Colorado Law, University of Colorado, Boulder, CO.

Composition, Jazz Improvisation, and Copyright,” Jazz Educators Network (JEN) annual
conference, New Orleans, January 8, 2020

"Blurred Lines III: Legal Considerations When Writing." Canadian Film Centre Slaight Music
Residency Panel Talk. Toronto, Canada. August 7, 2019

"Blurred Lines II: Legal Considerations When Writing." Canadian Film Centre Slaight Music
Residency Panel Talk. Toronto, Canada. August 13, 2018

“The Future of Sampling: Transformative Art or Copyright Infringement?” Alexander von

Humboldt Institute for Internet and Society, Berlin, Germany. February 28, 2018.

"Blurred Lines: Legal Considerations When Writing." Canadian Film Centre Slaight Music
Residency Panel Talk. Toronto, Canada. August 2, 2017

“Creativity and Copyright,” Champlain College, November 11, 2015

Invited Keynote Speaker: Symposium on Hip Hop, Technology, and Copyright. Utah State
University. (March 28, 2015).

“Make It Funky: Fela Kuti, James Brown and the Invention of Afrobeat.” Annual Conference of
the American Studies Association. Washington DC, November 23, 2013.

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“Creativity and Copyright,” Champlain College, October 25, 2013

“Lila Downs: Music, Culture, and Politics in Oaxaca, Mexico.” Pre-Concert Lecture. Flynn
Center for the Performing Arts. Burlington, VT. April 26, 2013.

“Music, Media, and Anarchism in the Oaxaca Commune” Paper presented at Music and War
Panel. AMS/SEM/SMT Annual Conference. New Orleans. Nov. 2, 2012.

“Pasos cromáticos en la improvisación del jazz (Chromatic Passing Tones in Jazz

Improvisation).” Lecture/workshop (in Spanish) at Instituto Projazz, Santiago, Chile. May 31,
2012.

“Musicology CSI: Sampling, Interpolation, and Copyright.” Thursdays at One

Performance/Lecture Series, UVM Music Department.

“Music, Media, and Anarchism in the ‘Oaxaca Commune,’” Presentation to University of

Vermont Global Village, 15 February 2011.

“Son de las barricadas: Protest song and revolution on Oaxaca’s Radio APPO.” Paper read at the
annual conference of Society for Ethnomusicology (SEM) in Los Angeles, CA, Nov. 2010.

“Son mexicano” OLLI (Osher Life Long Learning Institute). Pre-Concert Lecture Sones de
México, Lane Series 8 October 2010.

“Música popular and the Ideology of mestizaje in Postrevolutionary Mexico.” 1 October 2010,
UVM Hispanic Forum.

Musicology CSI: Sampling, Interpolation, and Copyright.” Invited lecture, State University of
New York (SUNY) Albany, 28 April 2010.

“La Chilena Mexicana: Transnational Musical Currents in the Hispanic Pacific” Global and
Regional Studies Lecture, 17 March 2010 Billings Marsh Lounge.

“Copyrights and Copywrongs: Introduction to Forensic Musicology” Invited lecture, State

University of New York (SUNY) Plattsburgh, 11 March 2010.

FLYNNsights: Lecture on Charles Mingus opening the residency of the Mingus Repertory
Ensembles (Mingus Dynasty, Mingus Orchestra, and Mingus Big Band along with dance troupe
choreographed by Danny Buraczeski at the Flynn Center for the Performing Arts. 17 October
2010.

“Supergenre, genre, subgenre: Mexican son and the chilena complex.” Paper presented at the
annual conference of the Society for Ethnomusicology (SEM) in Mexico City, November 2009.

“Socialismo con pachanga: Music in Revolutionary Cuba.” Hispanic Forum, University of

Vermont, 22 October 2009.

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“Performing Race: Afro-Mexicans and Multiculturalism in Oaxaca’s Guelaguetza.” Paper

presented at the Latin American Studies Association (LASA) XXVIII International Congress,
“Rethinking Inequalities” Rio de Janeiro, Brazil, 12 June 2009.

La chilena oaxaqueña: “El gusto de mi region.” Paper presented at the annual conference of the
Sonneck Society for American Music (SAM), Denver, CO, 19-22 March 2009.

Insights FlynnArts. Pre-concert lecture on Maria Schneider and her Orchestra. 22 January 2009.
Amy E. Tarrant Gallery at the Flynn Center for the Performing Arts.

“Performing Race: Afro-Mexicans and Multiculturalism in Oaxaca’s Guelaguetza Festival.”

Paper presented at the annual meeting of the Society for Ethnomusicology (SEM), Wesleyan
University, Middletown, CT, 28 October 2008.

“La Danza de las Diablas”? Race, Gender, and Local Identity in Afro-mestizo communities of
Mexico’s Costa Chica. Paper presented at the annual meeting of the Society for
Ethnomusicology (SEM), Columbus, OH, 28 October 2007.

“Son de las Barricadas”: Songs of Protest from the Spanish Civil War to the Present on
Oaxaca’s Radio APPO.” Hispanic Forum, University of Vermont, 10 October 2007.

“Cross-Cultural Learning through Music and Dance: A UVM Class in Guantánamo, Cuba.”
Presentation to the UVM College of Arts and Sciences Advisory Board, April 2004.

“Beauty and the Beast: Maria Schneider’s Wyrgly.” Paper presented at special session of the
joint meetings of Society for Music Theory (SMT) and the American Musicological Society
(AMS), “Women in Jazz: Voices and Roles,” Columbus, OH, 1 November 2002.

“On the Edge: Sue Mingus and the Mingus Big Band.” Colloquium at the University of Illinois
(Urbana and Champaign), 6 March 2002.

“Blood on the Fields: Wynton Marsalis and the Transformation of the Lincoln Center Jazz
Orchestra.” Paper read at the 2001 annual meeting of the Society for Ethnomusicology (SEM),
Detroit, October 2001.

“The Jazz Concerto as Collaborative Work: Jim McNeely’s ‘Sticks.’” Paper read at the joint
meeting of the Society for Music Theory (SMT) and other major music societies in Toronto, 4
November 2000.

“New York City Big Bands and the Professional Jazz Musician.” Paper read at the annual
meeting of the Society for Ethnomusicology (SEM) in Bloomington, IN, 24 October 1998.

“From Mardi Gras to Funk: Professor Longhair, James Brown and the Transformation of
Rhythm and Blues.” Paper read at joint meeting of the Society for Ethnomusicology (SEM) and
the International Association for the Study of Popular Music (IASPM) in Pittsburgh, PA,
October 1997.

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GRANTS AND AWARDS

Coor Collaborative Fellowship, Rethinking African Art. 2020-2021.

UVM Humanities Center Public Humanities Fellowship for sabbatical travel to Uganda. 2019.

International Travel Funds Award. College of Arts and Sciences. Travel to and residency in
Uganda. Jazz Performance and Workshops; Research in Traditional Music. October and
November 2019.

Interdisciplinary Experiential Engagement Award for course proposal, Culture and Politics of
Latin American Protest Music, to be taught in collaboration with Political Science, Romance
Languages, Global Studies, and Music Departments. January 2013.

Lattie F. Coor Award for International Travel to present paper and chair panel at the Society for
Ethnomusicology conference (SEM) Mexico City. November 2009.

Joan Smith Faculty Research Support Award Performing Race: Afro-Mexicans,

Multiculturalism, and the “Black Pacific.”

Lattie F. Coor Award for International Travel to present paper at the Latin American Studies
Association (LASA) Congress in Rio de Janeiro, Brazil. June 2009.

Fulbright Research Fellowship to Mexico, Afro-Mexican music, 2006-7.

Award for Contribution to Vermont Jazz Education, presented by Wynton Marsalis and the
Flynn Center for the Performing Arts, October 2005.

UVM Arts and Sciences Dean’s Fund for Faculty Development (to initiate fieldwork in the Costa
Chica of Mexico), Fall 2005.

UVM Humanities Center Research Grant, Spring 2004.

UVM Global Outreach Committee Grant, March 2003.

UVM Arts and Sciences Faculty Development Grant for study in Cuba, May 2002.

2001 Barry S. Brook Award for best dissertation in music CUNY.

CUNY Dissertation Year Fellowship 1998-1999.

MUSIC COPYRIGHT & RELATED

Expert Report in Bridgeport Music, Inc. v. Dimension Films, 410 F.3d 792 (6th Cir. 2005). Case
recognized as setting new “bright line” standard for use of samples of copyrighted recordings.

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Testimony in trial in Federal District Court, Nashville TN, Case No. 3:01-780, Bridgeport Music
v. Universal Music. February 2007. “Atomic Dog” and “D.O.G. in Me.” Affirmed by US Sixth
Circuit Court of Appeals, No. 07-5596, November 4 2009. Case examined issues concerning
fragmented literal similarity, originality, and fair use.

Testimony in Federal District Court, Nashville, TN Case No. 3:01-0155 involving rap artist, the
Notorious B.I.G and the Ohio Players. (March 2006). Affirmed by US Sixth Circuit Court of
Appeals, No. 06-6294, October 17 2007.

Testimony by Deposition (for the Plaintiff), Case No. 1:09-cv-21597-DLG (Florida Southern
District Court) Kernel Records Oy v. Timothy Z. Mosley p/k/a Timbaland, UMG Recordings,
Inc, et al. New York City, May 27, 2010.

Testimony by Deposition (for the Defense), Case No. 37-2008-00098508-CU-BT CTL

(California Southern District Court) Sixuvus v. Victor Willis, New York City, July 7, 2010.

Testimony by Deposition (Los Angeles, September 2011). Case No. 10-CV-08123 Phoenix
Phenom v. William Adams, Jr. Stacy Ferguson, et. al.

Testimony by Deposition (New York City, January 2012). Case No. SACV10-1656JST(RZx)
Pringle v. William Adams, Jr. Stacy Ferguson, et. al.

Testimony by Deposition (New York City, June 3, 21, 2013). Case No. CV12-5967
VMG Salsoul, LLC v. Madonna Ciccone, Shep Pettibone, et al.

Testimony by Deposition (New York City, September 11, 2013). 11-cv-6811. Marino v. Usher.

Testimony by Deposition (Burlington, VT, May 20, 2015). RALEIGH, NC #301280 Absent
Element v. Daughtry.

Testimony by Deposition (Burlington, VT, May 17, 2016) and in Trial (June 17, 2016) Federal
District Court, Los Angeles Case No. 15-cv-03462 RGK (AGRx). Skidmore v. Led Zeppelin, et
al.

Testimony by Deposition (New York, NY, November 3, 2017) Supreme Court of the State of
New York, Index No. 650427/2016. Pai v Blue Man Group Publishing, LLC, et al.

Testimony by Deposition (New York, NY, May 30, 2018) Griffin v. Sheeran. 1:17-cv-05221
New York Southern District Court

Testimony by Deposition (Burlington, VT, January 2, 2020). Beatbox Music Pty, Ltd. v.
Labrador Entertainment, et al. Case No. 2:17-cv-6108. Central District of California.

Testimony by Deposition (Burlington, VT, May 27, 2020). Smith v. Tesfaye. Case No. 2:19-cv-
02507-PA-MRWx Central District of California.

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Los Angeles: Warner Bros. Entertainment Inc.; Hiscox Insurance Co.; Clair G. Burrill P.C.;
Sheppard Mullin Richter & Hampton LLP; Doniger Burroughs, APC; Pen Music Group;
Microhits; Robert S. Besser Law Offices; etc.

New York: BMG Group; Schwartz Ponterio & Levenson, PLLC; Grubman Shire & Meiselas,
P.C.; Eisenberg Tanchum & Levy; Sample Clearance Limited; Lastrada Entertainment
Company; etc.

Nashville: King and Ballow; Riser House Entertainment, LLC; DeSalvo Law Firm, PLLC;
Beckett Law Office; etc.

Elsewhere: K & L Gates (London); Schwartz Cooper (Chicago); Brooks Pierce (Raleigh NC);
Frank & Rice (Florida); Francis Alexander, LLC (Philadelphia); Rawson Merrigan & Litner
(Boston); Koepple Traylor (New Orleans); JPMC (Burlington VT); Kile Goekjian McManus
(Washington DC); Arent Fox LLP (Washington DC) Gould Law Group (Chicago); Richardson
Patrick Westbrook & Brickman, LLC (Mt. Pleasant SC); Hall Booth Smith & Slover (Atlanta);
Miller Canfield Paddock & Stone (Detroit); King Mesdag Music Publishing Limited (United
Kingdom); as well as clients in Canada, Australia, Indonesia, Hong Kong, India, United Arab
Emirates, Latin America and Europe.

Classes and seminars in Music Business and Copyright (see above for details)

Symposium on Music Copyright. University of Vermont, January 2003.

SELECTED RECORDINGS

Early Heroes, Dan Silverman. Section playing and solo on Chares Mingus’ The Shoes of the
Fisherman's Wife…Around the Slide Recordings 02 (2018).

Rick Davies Thugtet – Tenor saxophone Emlyn Music EM 1003 (2017)

Rick Davies and Jazzismo, Salsa Norteña, - Tenor saxophone (Recorded in Montreal 2011
(2012).

New York Jazz Repertory Orchestra, Le Jazz Hot, featuring Dave Liebman and Vic Juris. Planet
Arts 310976 - Baritone saxophone, bass clarinet (2009).

Rick Davies and Jazzismo, Siempre Salsa, featuring Wayne Gorbea. Emlyn Music EM1001 -
Tenor saxophone (2006).

Anne Hampton Callaway, To Ella with Love, featuring Wynton Marsalis, Christian McBride,
Lewis Nash, Cyrus Chestnut. Touchwood Records TWCD 2006 - Tenor saxophone and clarinet
(1998).

Peter Herborn, Large, featuring Gene Jackson, Greg Osby, Robin Eubanks, and others. Jazzline
JL1154-2 – Baritone saxophone and bass clarinet (1998).

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Billy Stritch, Waters of March: The Brazilian Album. Sin Drome SD8950 - Tenor saxophone and
flute (1998).

Dave Stryker, Nomad, featuring Randy Brecker and Steve Slagle. Steeplechase Records
SCCD31371 - Baritone saxophone and bass clarinet (1997).

Frankie Lane: Wheels of a Dream. Touchwood Records TWCD 2020 - Tenor saxophone, flute,
and alto flute (1997).

The Bill Warfield Band, The City Never Sleeps. Seabreeze Records CDSB 2048 - Baritone
saxophone and bass clarinet (1996).

SELECTED PERFORMANCES: JAZZ AND LATIN

Burlington Discover Jazz Festival Big Band (Music Director, Contractor, Performer)

Birth of the Cool: Music by the Miles Davis Nonet. Featuring Ray Vega, trumpet. Performances
in June 2012 (BDJF), and in September 2012 (UVM), and May 2013 (SUNY Plattsburgh).

Textures: Jim Hall with Brass featuring the Jim Hall Trio (Jim Hall, guitar, Scott Colley, bass
and Joey Baron, drums) with brass ensemble, Alex Stewart, conductor. Flynn MainStage, 2010
Burlington Discover Jazz Festival.

Paquito D’Rivera Funk Tango. Produced, co-directed, and played saxophone in concert on Flynn
MainStage with 17-piece orchestra with guests: Paquito D’Rivera, alto saxophone; Diego
Urcola, trumpet; Alex Brown, piano; Massimo Biocalti, bass; Mark Walker, drums; and special
guest Ray Vega, trumpet. Burlington Discover Jazz Festival (1 June 2008). Reviews in Free
Press, AllAboutJazz, and other media.

Mary Lou Williams Resurgence with Cecilia Smith, vibraphone and Amina Claudine, piano,
2007 Burlington Discover Jazz Festival, Flynn Center.

Music of Jim McNeely with special guest Jim McNeely, piano 2006 Burlington Discover Jazz
Festival, Flynn Center.

Sketches of Spain: Celebrating the Miles Davis/Gil Evans Collaboration with trumpeter Randy
Brecker and guest conductor, Joe Muccioli 2005 Burlington Discover Jazz Festival, Flynn
Center.

The Grand Wazoo: Music of Frank Zappa, with Ernie Watts, Napoleon Murphy Brock, Ike
Willis, and Ed Palermo 2004 Burlington Discover Jazz Festival, Flynn Center.

Duke Ellington Sacred Concert, with David Berger, Priscilla Baskerville, Paul Broadnax, and
100-voice Choir, 2003 Burlington Discover Jazz Festival, Flynn Center

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Jazz and Latin

Solo Recital: Chasin’ the ’Trane: Music of John Coltrane. UVM Southwick Recital Hall,
Septenber 27, 2018.

Concert: Ray Vega & the Burlington Latin Jazz Orchestra, FlynnSpace, August 9, 2018.

Recital: Ray Vega & the Burlington Latin Jazz Orchestra, UVM Southwick Recital Hall,
October 21, 2018.

Chasin’ the Trane: Homage to John Coltrane, with Ray Vega, trumpet. Juniper, Hotel Vermont,
2018 Burlington Discover Jazz Festival June 7 and July 18, 2018.

Chasin’ the Trane: Homage to John Coltrane, with Ray Vega, trumpet. Light Club Lamp Shop,
Burlington VT, July 26, 2018

Performances of Alex Stewart Quartet on Jazz Wednesdays at Juniper (Hotel Vermont), Lamp
Shop Light Club (some performances featured special guest Ray Vega, trumpet), 2018.

Featured soloist – SUNY Plattsburgh Jazz Festival December 2013.

James Harvey and Garuda – opening act for Randy Weston in Discover Jazz Festival (2004);
numerous other performances around region.

Beboparaka (featuring poetry of Amiri Baraka) andJazzLit.com – jazz and poetry collaborations
with UVM professors Major Jackson, Tina Escaja, John Gennari and UVM students.
Performances at the Discover Jazz Festival and local venues. Coverage in the Burlington Free
Press and Vermont Quarterly (2005, 2006).

Grupo Sabor (Salsa and Merengue) – Performances in UVM’s Grand Maple Ballroom and
Brennan’s Pub for Alianza Latina (2010), Higher Ground, Burlington; Red Square; Eclipse
Theater, Waitsfield; Onteora Club, New York; Burlington Latino Festival (2001-present).

Performances with UVM jazz faculty (Jeff Salisbury, Joe Capps, Paul Asbell, Patricia Julien,
Ray Vega, John Rivers, Tom Cleary, Rick Davies, Steve Ferraris) at recitals, concerts, and other
events (1999-present).

The Lionel Hampton Orchestra; featured artists: Dizzy Gillespie, Dee Dee Bridgewater, and
others. Extensive tours of Europe and North America and appearances at major jazz festivals
including: North Sea, Nice, Montreal, Newport (NY and Saratoga), Biarritz (1989-1991).
The Bill Warfield Band, The Dorsey Brothers Orchestra, David Berger, Paquito D’Rivera, Clem
DeRosa, Bobby Shew, David Liebman, Andy Farber, Stan Rubin, Lew Anderson, Billy Mitchell,
Roland Hanna, Lew Soloff, Randy Brecker and many more (1985-1999).

The Lehigh Valley Repertory Jazz Orchestra: Sketches of Spain featuring Randy Brecker, An
Evening with David Liebman, A Tribute to Benny Goodman featuring Buddy DeFranco, and
Celebrating Louis Armstrong featuring Jon Faddis (1997-2000).

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Rick Davies & Jazzismo

Burlington Latin Jazz Orchestra, directed by Ray Vega, FlynnSpace, August 9, 2018

Featured Performer: Jazz Education Network Conference, San Diego, CA January 2015.

Workshops and concerts, Colectivo Central, Oaxaca, Mexico. June, July 2011.

With guest pianist/composer Arturo O’Farrill (and sons, Zachary, percussion and
Adam, trumpet), FlynnSpace. 2010, 2011, 2012, 2013, 2014, 2015, 2017, 2017. With Jonathan
Maldonado, drums, and Papo Ross, vocals and alto saxophone, 2009.

With guest artist Ray Vega, FlynnSpace (July 2003, 2004, 2005, 2006, 2007, 2008).

Appearances at SUNY Plattsburgh Jazz Festival (with Harvie S., 2002; with Chocolate
Armenteros 2003; with Ray Vega 2008, 2011; with Curtis Fowlkes 2010 ); Red Square and other
venues.

Oaxaca, Mexico: Colegio Teizcali, Colectivo Central, Spring 2007.

SELECTED PERFORMANCES: POPULAR AND BLUES

Frankie Valli, Ray Charles (Sweden 1999), Mary Wells, Frankie Avalon (Atlantic City), The
Drifters, Funk Filharmonik, The Funk Collection, Nick Apollo Forte, Little Wilson, Sandra
Wright Band, Jimmy Branca and the Red Hot Instant Combo, Dave Grippo Funk Band, and
others (1985-present).

Contractor, musical director. Joan Rivers. Flynn Center for the Performing Arts. April 26, 2012.

Orchestra contractor with Bernadette Peters at the Flynn Center of the Arts October 2011.

CLINICS AND GUEST CONDUCTING

Guest Conductor, Connecticut Valley District Jazz Festival, January 30-31, 2015.

Guest Conductor, Winooski Valley Jazz Festival, February 4-5, 2010.

Adjudicator/Clinician, Vermont All-State Festival, International Association of Jazz Educators

(IAJE): 2000-2003.

Guest Conductor, Nassau County (Long Island) All-County Jazz Festival, 1997.

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MEMBERSHIPS

American Musicological Society (AMS)

Society for Ethnomusicology (SEM)

Society for American Music (Sonneck)

Latin American Studies Association (LASA)

Friends of Indian Music and Dance (FIMD), Burlington VT

Burlington Discover Jazz Festival Advisory Board

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EXHIBIT 3
Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 66 of 80 Page ID #:66
Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 67 of 80 Page ID #:67
Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 68 of 80 Page ID #:68
Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 69 of 80 Page ID #:69
Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 70 of 80 Page ID #:70
Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 71 of 80 Page ID #:71
Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 72 of 80 Page ID #:72
Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 73 of 80 Page ID #:73

EXHIBIT 4
Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 74 of 80 Page ID #:74

Comparison Video
Between Plaintiff and
Defendants' Music
Videos

TO BE LODGED
WITH THE COURT
Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 75 of 80 Page ID #:75

EXHIBIT 5
Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 76 of 80 Page ID #:76

Music Video for

Plaintiff's Song

TO BE LODGED
WITH THE COURT
Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 77 of 80 Page ID #:77

EXHIBIT 6
Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 78 of 80 Page ID #:78

Music Video for

Defendants' Song

TO BE LODGED
WITH THE COURT
Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 79 of 80 Page ID #:79

EXHIBIT 7
Case 2:22-cv-01508 Document 1 Filed 03/04/22 Page 80 of 80 Page ID #:80

Plaintiff's Registered
Deposit Copy Sound
Recording

TO BE LODGED
WITH THE COURT