(Breach of Contract)  (On Behalf of Plaintiff and all Class Members Against Defendant)   19.  A record label such as Sony Music executes contracts with its artistic talent,  which includes the ability of the label to license and distribute the works.  In exchange for its  licensing and marketing of the artistic works, a label such as Sony Music is paid a significant  share of the artists’ earnings.  As set forth herein, not content to simply collect its contractually  mandated share of the revenues, Sony Music also wrongfully keeps additional sums that are  clearly attributable to artists.   20.  Although Sony Music purports to support artists and their royalties, it has decided  to retain monies improperly in violation of the Agreements, impermissibly taking a percentage  off the top of the international revenue earned from streaming sales of the works and basing the  artist’s royalty rate solely on the remainder of such earned revenue.   21.  As authors of works distributed worldwide, Plaintiff and members of the Class are  entitled to their complete share of royalties due to them under their Agreements.  22.  Plaintiff brings this class action on his own behalf and on behalf of a Class  defined as follows:  All persons and entities in the United States, their agents,  successors in interest, assigns, heirs, executors, trustees, and  administrators who are or were parties to compensation agreements  with Sony Music and its predecessors and subsidiaries whose  music was streamed in a foreign country pursuant to such  agreements.   23.  Plaintiff reserves the right to redefine the Class as the facts and or evidence may  warrant.   25.  The Class for whose benefit this action is brought is so numerous that joinder of  all Class members is impracticable.  While Plaintiff does not presently know the exact number of  Class members, due to the extent of Defendant’s catalog there are hundreds, if not thousands, of  Class members, and those Class members can be determined and identified through Defendant’s  records and, if necessary, other appropriate discovery.   26.  The Class is so numerous that joinder of all Class members is impracticable.     28.  Plaintiff’s claims are typical of the claims of the Class.  Sony Music’s common  course of conduct in violation of law as alleged herein has caused Plaintiff and Class members to  sustain the same or similar injuries and damages.  Plaintiff’s claims are thereby representative of  and coextensive with the claims of the Class.   29.  Plaintiff is a member of the Class, does not have any conflicts of interest with  other proposed Class members, and will prosecute the case vigorously on behalf of the Class.  Counsel representing Plaintiff is competent and experienced in litigating complex class actions,  including those involving the entertainment industry.  Plaintiff will fairly and adequately  represent and protect the interests of Class members.   31.  Defendant has acted and refused to act on grounds generally applicable to the  entire Class, thereby making appropriate final injunctive relief or corresponding declaratory  relief with respect to the Class as a whole.   32.  Plaintiff anticipates no unusual difficulties in the management of this litigation as  a class action.  33.  Plaintiff realleges and incorporates by reference the allegations contained in the  preceding paragraphs, as though fully set forth herein.   34.  Plaintiff and Class members entered into the standard and uniform Compensation  Agreements with Defendant.   35.  These Compensation Agreements contain provisions for Plaintiff and Class  members to be paid on all monies received by Defendant from its distribution of the artistic  works.   36.  Plaintiff and other Class members have performed their obligations under their  respective Compensation Agreements by providing services called for under the Agreements,  and at no time did Defendant advise them that their performance was inadequate.  As a result, all  conditions required for Defendant’s performance under the Compensation Agreements – namely,  the payment of money to Plaintiff and Class members sought herein – have occurred.   38.  By reason of the foregoing breaches, Plaintiff and other Class members have been  damaged in an amount to be determined at trial.  39.  Plaintiff realleges and incorporates by reference the allegations contained in the  preceding paragraphs, as though fully set forth herein.   40.  As a result of Defendant’s acts, as set forth in this Complaint, that have deprived  and continue to deprive Plaintiff and Class members of the revenue to which they are entitled,  Defendant has and continues to be unjustly enriched.   41.  As a result, Plaintiff and Class members request restitution of all monies  improperly obtained and interest thereon.   42.  Defendant’s infringing conduct is continuing and ongoing.  Plaintiff and Class  members have suffered, and will continue to suffer, irreparable injury for which there is no  adequate remedy at law, unless Defendant is enjoined by the Court from continuing to collect  such monies without paying them out.   UNJUST ENRICHMENT  (On Behalf of Plaintiff and All Class Members Against Defendant)  