14.  The facts in support of this action are based on Plaintiff’s review of publicly- available information. Based on a review of these documents, and as described in greater detail  herein, Plaintiff believes that discovery will result in the production of many more inculpatory  documents within Defendants’ sole possession, custody, or control.  Case3:15-cv-00700-MEJ   Document1   Filed02/13/15   Page4 of 19 44.  This lawsuit is brought on behalf of Plaintiff individually and on behalf of all  those similarly situated under Federal Rules of Civil Procedure 23(a), (b)(2), and (b)(3). Plaintiff  seeks relief on behalf of itself and members of a Class defined as follows:  All owners of sound recordings or musical performances that were  initially “fixed” on a physical medium (i.e., recorded) prior to  February 15, 1972 and whose sound recordings were reproduced,  performed, distributed, or otherwise exploited by Defendants in the  States of California, New York and Florida through Beats Music or  iTunes Radio and for which Defendants have not received  authorization or license to reproduce, perform, distribute, or  otherwise exploit.   45.  Excluded from the Class are Defendants; any affiliate, parent, or subsidiary of  Defendants; any entity in which Defendants have a controlling interest; any officer, director, or  employee of Defendants; any successor or assignee of Defendants.   46.  Ascertainability: The Class is readily ascertainable and is one for which records  should exist.   47.  Numerosity: Due to the nature of this case, Plaintiff believes that there are  hundreds to thousands of geographically dispersed Class members, the exact number and  Case3:15-cv-00700-MEJ   Document1   Filed02/13/15   Page9 of 19 53.  Plaintiff realleges and incorporates herein by reference, as though fully set forth  here, all preceding paragraphs of this Complaint.   54.  Plaintiff brings this cause of action individually and on behalf of the Class.   55.  Under California Civil Code § 980(a)(2), Plaintiff and members of the Class  possess exclusive ownership interests in and to the Pre-1972 Recordings, including the  performances embodied in those recordings.   56.  Defendants, without authorization or license, reproduced, performed, distributed,  or otherwise exploited Pre-1972 Recordings, including Plaintiff’s Recordings, through Beats  Music and iTunes Radio. As such, Defendants have infringed Plaintiff and the members of the  Class’s exclusive ownership interests in the Pre-1972 Recordings in violation of California Civil  Code § 980(a)(2).   57.  As a direct and proximate cause of Defendants’ violation of California Civil Code  § 980(a)(2), Defendants have received and retained money and value that rightfully belongs to  Plaintiff and the members of the Class.  Case3:15-cv-00700-MEJ   Document1   Filed02/13/15   Page11 of 19 59.  Plaintiff realleges and incorporates herein by reference, as though fully set forth  here, all preceding paragraphs of this Complaint.   60.  Plaintiff brings this cause of action individually and on behalf of the Class.   61.  California Business and Professions Code §§ 17200, et seq. prohibits acts of  unfair competition, which mean and include any unlawful, unfair or fraudulent business  practices.   62.  Fair dealings with artists are matters of great public concern in California and  elsewhere. As a society, we value creative expression, and accordingly foster and protect such  expression through copyright, trademark and other intellectual property laws. Specifically  applicable here is Senate Bill No. 1034, where the California Legislature determined that “the  recording industry is an important industry to the State of California,” and that “artistic labor is  an important resource to the people of California that is vital to maintaining a healthy and vibrant  recording industry.”   63.  As alleged herein, Defendants, without authorization or license, reproduced,  performed, distributed, or otherwise exploited Pre-1972 Recordings, including Plaintiff’s  Recordings, through Beats Music and iTunes Radio. As such, Defendants have infringed  Plaintiff’s and the Class members’ exclusive ownership interests in the Pre-1972 Recordings in  violation of California Civil Code § 980(a)(2).    64.  As a result, Defendants’ uniform policies, acts, omissions, and practices, among  others, violate numerous provisions of California statutory and common law, including, but not  limited to California Civil Code § 980(a)(2). Plaintiff reserves the right to allege other violations  of law that constitute unlawful business acts or practices based upon the above-described  Case3:15-cv-00700-MEJ   Document1   Filed02/13/15   Page12 of 19 70.  Plaintiff realleges and incorporates herein by reference, as though fully set forth  here, all preceding paragraphs of this Complaint.   71.  Plaintiff brings this cause of action individually and on behalf of the Class.   72.  Under California, New York and Florida law, Plaintiff and the members of the  Class possess exclusive ownerships in and to the Pre-1972 Recordings, including the artistic  performances embodied in those recordings.   73.  Plaintiff and the members of the Class (or their predecessors in interest) invested  substantial time and money in developing the Pre-1972 Recordings that Defendants reproduced,  performed, distributed, or otherwise exploited through Beats Music and iTunes Radio.   74.  Because Defendants did not obtain licenses to the Pre-1972 Recordings, they did  not incur any of the costs that a licensee would otherwise be obligated to pay in order to  reproduce, perform, distribute, or otherwise exploit these recordings.   75.  Defendants have and continue to misappropriate for its commercial benefit the  Pre-1972 Recordings through Beats Music and iTunes Radio.   76.  As a direct and proximate cause of Defendants’ misappropriation, Defendants  have received and retained money and value that rightfully belongs to Plaintiff and the Class.   77.  As a direct and proximate result of Defendants’ violation of California, New York  and Florida law, Plaintiff and the Class have been damaged in an amount to be determined at  trial, but which is likely to be tens of millions of dollars.   78.  Defendants acted with oppression, fraud, or malice. Defendants’ conduct was  undertaken in conscious disregard of Plaintiff and other members of the Class’s rights to the Pre- 1972 Recordings. Accordingly, Plaintiff and the Class are entitled to punitive damages against  Defendants in an amount sufficient to punish and make an example of Defendants and to  discourage Defendants and others from engaging in the same or similar conduct in the future.  ///  ///  Case3:15-cv-00700-MEJ   Document1   Filed02/13/15   Page14 of 19 Misappropriation Under California, New York And Florida Law   Unlawful and Unfair Business Acts and Practices in Violation of  California Business & Professions Code §§ 17200, et seq.   Violation of California Civil Code § 980(a)(2)  