1.  California Copyright Law   13.  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.  A.  State Copyright Law Regulates Pre-1972 Recordings   14.  Under the 1972 Amendments of the United States Copyright Act, Congress  provided that sound recordings “fixed” (i.e., recorded) before February 15, 1972 are within the  exclusive province of state law. See 17 U.S.C. § 301(c). Thus, state common and statutory law  applies to these Pre-1972 Recordings.   15.  Plaintiff asserts claims under California, New York, and Florida law. Each of  these state’s protections for Pre-1972 Recordings is discussed in greater detail below.   16.  The music industry is synonymous with California. The making and exploitation  of sound recordings in California employs tens of thousands of Californians and contributes  millions upon millions of dollars to the state and local economies. California, in turn, has  Case3:15-cv-00703-JCS   Document1   Filed02/13/15   Page4 of 18 39.  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 Sony in the  States of California, New York and Florida through its Music  Unlimited and for which Sony had not received authorization or  license to reproduce, perform, distribute, or otherwise exploit.   40.  Excluded from the Class are Defendants; any affiliate, parent, or subsidiary of  Case3:15-cv-00703-JCS   Document1   Filed02/13/15   Page8 of 18 48.  Plaintiff realleges and incorporates herein by reference, as though fully set forth  here, all preceding paragraphs of this Complaint.   49.  Plaintiff brings this cause of action individually and on behalf of the Class.   50.  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.   51.  Defendants, without authorization or license, reproduced, performed, distributed,  or otherwise exploited Pre-1972 Recordings, including Plaintiff’s Recordings, through its Music  Case3:15-cv-00703-JCS   Document1   Filed02/13/15   Page10 of 18 54.  Plaintiff realleges and incorporates herein by reference, as though fully set forth  here, all preceding paragraphs of this Complaint.   55.  Plaintiff brings this cause of action individually and on behalf of the Class.   56.  California Business and Professions Code §§ 17200, et seq. prohibits acts of  unfair competition, which mean and include any unlawful, unfair or fraudulent business  practices.   57.  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.”   58.  As alleged herein, Defendants, without authorization or license, reproduced,  performed, distributed, or otherwise exploited Pre-1972 Recordings, including Plaintiff’s  Recordings, through its Music Unlimited. As such, Defendants have infringed Plaintiff’s and  Case3:15-cv-00703-JCS   Document1   Filed02/13/15   Page11 of 18 65.  Plaintiff realleges and incorporates herein by reference, as though fully set forth  here, all preceding paragraphs of this Complaint.   66.  Plaintiff brings this cause of action individually and on behalf of the Class.   67.  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.   68.  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 on Music Unlimited.   69.  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.   70.  Defendants have and continue to misappropriate for its commercial benefit the  Pre-1972 Recordings through its Music Unlimited.   71.  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.   72.  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.   73.  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  Case3:15-cv-00703-JCS   Document1   Filed02/13/15   Page13 of 18 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)  