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Case 2:14-cv-07263-BRO-SH Document 36 Filed 12/16/14 Page 1 of 8 Page ID #:390
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Joseph E. Porter III (SBN 51350)
206 3rd Street
Seal Beach, California 90740
Telephone: (562) 493-3940
Facsimile: (562) 493-3670
Email: porter3law@aol.com
Harry E. Douglas IV (SBN 136877)
LAW OFFICES OF HARRY E. DOUGLAS IV
5482 Wilshire Boulevard, Suite 1600
Los Angeles, California 90036
Telephone: (213) 537-5070
Facsimile: (213) 927-3660
Email: hed4law@yahoo.com
Attorneys for Defendants,
James Edward McMillan
UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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AMETHYST KELLY, professionally
known as IGGY AZALEA
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Plaintiff,
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vs.
PRIMCO MANAGEMENT, INC, a
Deleware corporation; ESMG INC.,
a Nevada corporation; TOP SAIL
PRODUCTIONS, LLC a California
limited liability company;
MAURICE WILLIAMS a/k/a MAURICE
LASEL a/k/a Nuwine a/k/a Wine-O
a/k/a Hefe Wine a/k/a ENZO
WEINBERG a/k/a ENZO VALIDO
WEINBERG, doing business as
“WINE ENTERPRISES, INC.”a/k/a
“wineenterprises inc.” an
unknown entity, JAMES EDWARD
MCMILLAN, doing business as MAKE
MILLIONS MUSIC, INC.” a
dissolved New York corporation;
and DOES 3 to 10,
) CASE NO. CV -14-7263-BRO-SH
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) CROSS-COMPLAINT FOR DECLARATORY
) JUDGMENT
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Defendants.
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CROSS-COMPLAINT FOR DECLARATORY RELIEF
Case 2:14-cv-07263-BRO-SH Document 36 Filed 12/16/14 Page 2 of 8 Page ID #:391
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JAMES EDWARD MCMILLAN
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Cross-Complainant,
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vs.
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AMETHYST KELLY professionall
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known as IGGY AZALEA; ISLAND
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RECORDS, a Division of UNIVERSAL )
MUSIC GROUP, INC., a Delaware
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corporation; SONY/ATV MUSIC
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PUBLISHING LLC, a limited
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liability company; SONY/ATV
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MUSIC PUBLISHING ACQUISITION,
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INC., a Delaware corporation,
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and Does 1 through 10, inclusive
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Cross-Complainant, James Edward McMillan (hereinafter
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referred to as “McMillan”) hereby files his cross-complaint as
follows:
PARTIES
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1.
Cross-Complainant McMillan is an individual, and a resident
in the state of New York.
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Cross-Complainant McMillan does business as Make Millions
Music Inc. with respect to the acquisition and exploitation of
intellectual property rights in the entertainment industry.
3.
Defendant, Amethyst Kelly, professionally known as Iggy
Azalea (hereinafter referred to as “Azalea”)is a musical recording
artist, and cross-complainants are informed and believe Azalea
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is an individual, resident in the County of Los Angeles, State of
California.
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Cross-Defendant, Island Records, is a division of Universal
Music Group, Inc. (hereinafter referred to as “Island”), which is
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CROSS-COMPLAINT FOR DECLARATORY RELIEF
Case 2:14-cv-07263-BRO-SH Document 36 Filed 12/16/14 Page 3 of 8 Page ID #:392
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a Delaware corporation with headquarters in the city of Santa
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Monica, County of Los Angeles, State of California.(Island
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5. Cross-Defendant, Sony/ATV Music Publishing, LLC, is a
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limited liability company admitted and authorized to conduct
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business in the State of California, and with offices in the
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County of Los Angeles, State of California.
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6. Defendant, Sony/ATV Music Publishing Acquisition, Inc., is a
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Delaware corporation, admitted and authorized to conduct business
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in the State of California, and with offices in the County of Los
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Angeles, State of California. (Collectively, Sony/ATV Music
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Publishing, LLC and Sony/ATV Music Publishing Acquisition, Inc.
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shall be called the “Sony/ATV Defendants”)
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JURISDICTION AND VENUE
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7. Cross-complainant, McMillan alleges that jurisdiction in
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this court is proper under 28 U.S.C. §1338(a), as it is an action
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arising under Acts of Congress relating to copyrights namely, the
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Copyright Act of 1976, 17 U.S.C. §101 et seq. and pursuant to the
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Lanham Act, 15 U.S.C §1121.
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under the Declaratory Judgment Act, 28 U.S.C. §§2201-2202.
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8.
This Court also has jurisdiction
Venue is proper in this district pursuant to 28 U.S.C.
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§1400(a) and 1391 (b) and (c), as the Cross-Defendant, Azalea
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Defendant, is an individual resident in the District, and the
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Sony/ATV Defendants are subject to personal jurisdiction in this
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district, and are therefore deemed to reside here for purposes of
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venue.
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CROSS-COMPLAINT FOR DECLARATORY RELIEF
Case 2:14-cv-07263-BRO-SH Document 36 Filed 12/16/14 Page 4 of 8 Page ID #:393
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BACKGROUND
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Cross-Defendant Azalea after signing a recording contract
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and transferring the masters to certain recordings under that
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contract, is now in a self serving and hypocritical manner
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claiming her signature is a forgery in an attempt to set aside a
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contract pursuant to which Cross-complainant, McMillan seeks to
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exploit the masters governed by that contract.
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Cross-complainant is informed and believes and thereon
alleges that for a period of at least a year, Maurice Williams
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(herein after “Williams”), the President of Wine Enterprises, Inc.
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nurtured and developed the musical talents of Azalea as she was
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attempting to enter into the music industry.
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Cross-complainant is further informed and believes that
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during the period in which Williams was developing Azalea’s
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career, he introduced her to Kareem Chapman (herein after
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“Chapman”) of Grand Hustle Entertainment, the business entity
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through which multi-platinum recording artist T.I. produces and
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distributes his recordings.
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Cross-complainant alleges that after more than a year of
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working with, developing, and shepherding Azalea through her
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career, on February 14, 2009, Cross-defendant, Azalea, entered
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into a written recording contract (The “Azalea Recording
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Contract”) with Wine Enterprises, Inc., whose president is
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Williams.
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attached hereto as Exhibit 1.
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A true and correct copy of the recording contract is
Cross-complainant is further informed and believes that
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pursuant the terms of the Azalea Recording Contract, cross-
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defendant, Azalea, agreed to among other things, (1) produce one
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CROSS-COMPLAINT FOR DECLARATORY RELIEF
Case 2:14-cv-07263-BRO-SH Document 36 Filed 12/16/14 Page 5 of 8 Page ID #:394
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album for Wine Enterprises in each contract term of twelve months
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for a period of four (4) contract terms(Contract pg.#2); (2)
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deliver one album of master recordings to Wine Enterprises in each
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contract term(Contract pg.#4); (3) execute and transfer to Wine
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Enterprises any and all copyrights to the master recordings
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delivered pursuant to the contract(Contract pg.#7); (4) allow Wine
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Enterprises to the use her then current and any future
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professional name in connection with the master recordings
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delivered pursuant to the contract(Contract pg#8); and (5) appear
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in any audio-visual recording produced by Wine Enterprises related
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to the compositions (Contract pg#16).
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Cross-complainant is informed and believes and thereon
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alleges that during the initial term of the Azalea Recording
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Contract, Azalea delivered certain master recordings to Wine
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Enterprises, including but not limited to the compositions titled
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“Take My Picture”, “Daddy (U Ain’t My Daddy)”, “Them Song”, “G4 or
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Greyhound” and “Mars”. (hereafter referred to as the “Assigned
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Compositions”)
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15.
Cross-complainant further alleges that in or about March
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14, 2012, Wine Enterprises, Inc. transferred all right, title, and
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interest in and to the rights granted it by cross-defendant
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Azalea, to cross-complainant, McMillan. A true and correct copy of
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the Wine Enterprises Inc assignment to cross-complainant is
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attached hereto as Exhibit 2.
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16.
Cross-defendant, Azalea, now claims that she did not in
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fact sign the Azalea Recording Contract, and seeks to reclaim all
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her purported rights in the Assigned Compositions.
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CROSS-COMPLAINT FOR DECLARATORY RELIEF
Case 2:14-cv-07263-BRO-SH Document 36 Filed 12/16/14 Page 6 of 8 Page ID #:395
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17.
Cross-complainant is informed and believes and thereon
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alleges cross-defendant Azalea has entered into certain contracts
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and agreements with Cross-defendant Island Records, related to the
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production and distribution of certain master recordings of
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Azalea.
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Cross-complainant is further informed and believes that
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cross-defendant Island Records is threatening to take action to
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prevent cross-complainant from exploiting cross-complainants
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rights in the Assigned Compositions.
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Cross-complainant is informed and believes and thereon
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alleges cross-defendant Azalea has entered into certain contracts
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and agreements with Cross-defendant Sony/ATV, related to the
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exploitation of her copyrights in certain compositions.
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Cross-complainant is further informed and believes that
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cross-defendant Sony/ATV is threatening to take action to prevent
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cross-complainant from exploiting cross-complainants rights in the
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Assigned Compositions.
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FIRST CAUSE OF ACTION
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(Declaratory Judgment Copyright Non-Infringement Against All
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Cross-Defendants)
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Cross-complainant realleges and incorporates by
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reference each and every allegation contained in Paragraphs 1
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through 20, inclusive, of the Cross-complaint as though set forth
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in full.
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An actual and justiciable controversy has arisen and now
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exists between cross-complainant, McMillan, and Azalea, Island
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Records, and Sony/ATV concerning their respective rights related
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to the exploitation of the Assigned Compositions, the copyrights
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CROSS-COMPLAINT FOR DECLARATORY RELIEF
Case 2:14-cv-07263-BRO-SH Document 36 Filed 12/16/14 Page 7 of 8 Page ID #:396
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related to the Assigned Compositions, the use of the name Iggy
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Azalea related the Assigned Compositions, and the use of Azalea’s
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image and likeness related to the Assigned Compositions.
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Cross-complainant, McMillan, seeks a judicial
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determination and declaration of the parties respective rights to
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exploit the master recordings of the Assigned Compositions, their
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respective rights to the copyrights in the Assigned Compositions,
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their rights to use the image and likeness of Azalea, and the
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their rights to the use of
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Azalea’s current professional name,
Iggy Azalea.
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Cross-complainant is entitled to a judicial
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determination of his rights to the Assigned Compositions, and that
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his exploitation of the Assigned Composition does not constitute
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copyright infringement, the use of the name Iggy Azalea does not
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constitute trademark infringement, and the use of Azalea name and
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likeness related to the Assigned Compositions does not constitute
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a misappropriation.
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PRAYER FOR RELIEF
WHEREFORE, cross-complainant, James Edward McMillan, pray for
Judgment as follows:
1. A declaratory judgment that cross-complainant McMillan may
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exploit the Assigned Compositions, owns the copyrights in
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the Assigned Compositions, may use the name Iggy Azalea in
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the marketing of the Assigned Compositions, and may use her
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image and likeness related to the Assigned Compositions.
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2. That Defendants be awarded their costs and attorneys fees;
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and
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CROSS-COMPLAINT FOR DECLARATORY RELIEF
Case 2:14-cv-07263-BRO-SH Document 36 Filed 12/16/14 Page 8 of 8 Page ID #:397
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3. For such other and further relief as the Court deems just
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and proper.
Dated:
December 15, 2014.
LAW OFFICES OF
HARRY E. DOUGLAS IV
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__/s/Harry E. Douglas IV __
Harry E. Douglas IV, Esq.
Attorneys for Cross-Complainant
James Edward McMillan
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CROSS-COMPLAINT FOR DECLARATORY RELIEF