FILED', - ^ CLERK

UNITED STATES DISTRICT COURT ' *EASTERN DISTRICT OF NEW YORK o 4Olu ~d PH

NEVILLE CLIVE CHIN a/k/a CLIVE CHIN,

Plaintiff,

V- COMPLAINT ':,w*''r'':-

DAVID CHIN a/k/a RANDY CHIN, PATRICIA . J ^CHIN, and CHRISTOPHER CHIN, QU J

4. Upon information and belief, the defendant STB Music, Inc. ("STB"), is acorporation incorporated in the State ofNew York having its principal place ofbusiness at 89-05138th Street, Jamaica, NY 11435.

5. Upon information and belief, defendant, Vincent David Chin a/k/a Randy Chin, isaresident ofthe County ofNassau, State ofNew York.

6. Upon information and belief, defendant, Patricia Chin, is aresident ofthe Countyof Nassau, Stateof New York.

7. Upon information and belief, defendant, Christopher Chin, is aresident of theCounty ofNassau, State ofNew York.

JURISDICTION

8. This action involves Defendants' conspiracy and concerted illegal activity tocoerce Plaintiff to give up his ownership to sound recordings he created and musicalcompositions he wrote, and to copyrights and contract rights assigned to him in 2002 in anacknowledged written assignment by his father, Vincent G. Chin. Defendants have known foryears ofPlaintiffsrights, acknowledged them, and even obtained licenses for them. Shortlyafter Defendants thwarted alucrative licensing deal Plaintiff obtained from amajor distributor,and realizing the value of his rights, the defendant, Patricia Chin, started making specious claimsthat the written assignment is void and that she owns Plaintiffs copyrights, even for songs hehimself created and are not part of the assignment. At the same time the remaining Defendantsengaged in aseries of coordinated, malicious, and illegal acts to keep Plaintiff from profitingfrom his property. Defendants stole the master tapes embodying the sound recordings owned byPlaintiff; they took his personal things, business equipment and other items kept at his office atVP's premises; they interfered with his contracts and prospective economic relations seeking to

exploit his copyrights; they Ucensed his copyrights without his consent and without

copyrights. AU the while Defendants demanded that Plaintiffgive to Patricia Chin and VP two-tnirds ofthe rights he owns to "settle" the "ownership dispute". Plaintiff has been severelyd^ged because of these act. and, in addition to the declaration ofhis rights and thecompensation he is entitled to, he should be awarded punitive damages to punish Defendants fortheir illegal and malicious actions.

9. This court has subject matter jurisdiction over this case pursuant to 28 U.S.C. 1331 and 1338(a) as this is an action brought under the Copyright Act and the CopyrightRevision Act, 17 U.S.C. 101, et seq. This court has supplemental jurisdiction ofPlaintiffsremaining claims pursuant to 28 U.S.C. 1367(a).

VENUE

,0. Venueofthiscaseisproperin.hisdistric.pursuantto28U.S.C. 1391MO)and (2) and 1400(a).

RArKGROUNP

A. TVipRnsinessofVP.11. Plaintiff is the eldest son ofVincent G. Chin and the stepson ofthe defendant,

Patricia Chin. Vincent O. Chin used the name and was known as Randy Chin ("Randy Chin").R^y Chin was the son ofChinese immigrants who left China in the 1920's and ultima*!,settled in Jamaica.

,2. Patricia Chin was the wife ofRandy Chin and the defendants, Vincent David Chinand Christopher Chin, are their sons.

13. Randy Chin was apioneer in in the Jamaican music industry, firs, in the sale of

producing, recording and promoting the music of Jamaican artists.14. In 1961 Randy Chin opened astore called Randy's Records in Kingston, Jamaica

selling musical records, primarily by Jamaican artists, which was subsequently moved in 1962 to17 North Parade, Kingston, Jamaica.

15. From 1960 to 1968, at outside recording studios, and from 1969 to 1979 at arecording studio Randy Chin set up on the floor above the record store which became known asStudio 17, Randy Chin produced and created numerous sound recordings by prominent andimportant Jamaican artists.

16. The businesses ofRandy's Records and Studio 17 were owned by Randy Chin asasole proprietorship. The real estate located at 17 North Parade, Kingston, Jamaica was ownedsolely byRandy Chin.

17. In or about 1977, Randy Chin, Patricia Chin, Christopher Chin and Plaintiffopened aretail store under the name, Randy's of Jamaica/VP Records, initially at 17WBAJamaica Avenue, subsequently moved to 107-21 Jamaica Ave., and moved finally in 1992 to 89-05 138* Street, Jamaica, Queens.

18. In 1993 Plaintiff left VP Records.19. In 1993 Randy Chin retired and moved his residence to Pembroke Pines, Florida.

Patricia Chin did not accompany Randy Chin to Florida and remained resident in Queens, NewYork. Randy Chin and Patricia Chin remained in their respective residences until Randy Chin'sdeath in 2003. The parties never entered into aseparation agreement, never divorced and nomatrimonial proceedings were ever commenced.

20. Upon information and belief, in or about 1994, the defendant Vincent David

Chin, left his employment with the aerospace contractor, McDonneU Douglas, and commencedworkingfor VP.

21. Upon information and belief, Vincent David Chin and Christopher Chin havebeen employed a, VP as officers, directors and shareholders ofVP. Each own and personallydirect and supervise the operation of, and each personally derives economic benefit fiom, thebusiness of VP.

22. Since its incorporation in New York in 1993, VP has become the largest andpreeminent record label involved in the promotion, distribution, and sale of sound recordings ofJamaican music.

B. The Randy Music Catalog.23. At ayoung age in the late 1960's Plaintiff started working at Randy's Records and

Studio 17. in the early 1970's he became the lead Producer at Studio 17 helping to make it oneofthe most important Jamaican recording studios. Studio 17 was popular with many ofJamaica's leading music producers. Lee "Scratch" Perry recorded several tracts there with BobMarley and the Wailers in 1970 , 1971, and other major stars to record there included GregoryIsaacs, Dennis Brown, Burning Spear, and Johnny Nash.

24. Plaintiffarranged, produced, created, recorded, and was amusical artist innumerous sound recordings including sound recordings by "Randy's All-Stars" which includedamong its members Wailers bassist and keyboard player, Aston Barrett, Tyrone Downie,drummer Sly Dunbar, and keyboard player Horace Swaby, later to become known as AugustusPablo. He recorded and produced "Java" an international hit by Augustus Pablo, and producedthe first "Dub" album by Augustus Pablo in 1973 entitled Java, Java Dub. In addition, heproduced and recorded numerous sound recordings for Dennis Brown, Black Uhuru, Lloyd

Parks, Delroy Wilson, Gregory Isaacs and Peter Tosh.25. Plaintiffwas also acomposer or lyricist, or both, in virtually every sound

recording!* produced and created and, as aresult, held acopyright interest in the underlyingmusical composition ofeach such sound recording.

26. Commencing in or about 1972, and continuing virtually to the present time,Plaintiff, through his wholly-owned record label, IMPACT!, has released and caused to bedistributed "singles" and albums of the musical recordings he created and wrote, including theinternationally acclaimed album, This is Augustus Pablo.

27. On the eve ofPlaintiffspromotional trip to China on the "Back to China" tourcelebrating the 50th anniversary of Studio 17 in 2009, VP issued apress release (the "2009 PressRelease") recognizing the release by Plaintiffof his sound recordings on the IMPACT! label andhis work and achievements. It stated, inpart:

"In the 1970's, Vincent's son Clive [Plaintiffl took off in theRandy's-*";*'Jf

SEEM!^-tSTE^S-SS suias The Wallers' and Senya's"Oh Jan Come"

28. Plaintiff and Randy Chin each individually produced and recorded soundrecordings by Jamaican artists totaling together in excess ofone thousand one hundred (1,100)recordings (the "Randy Music Catalog"). The Randy Music Catalog is embodied on one-quarterinch, one-half-inch, one inch and two inch magnetic tape (the "Randy Catalog Tapes").Approximately five hundred seventy (570) sound recordings of the Randy Music Catalog havenever been released and distributed for sale to the public. Embodied on the Randy CatalogTapes are all the sound recordings released by Plaintiffon his IMPACT! Label. Fully sixty

unreleased sound recordings created by and belonging to Plaintiff.29 In the iate 1970's Studio 17 closed when Randy Chin, Patricia Chin, Plaintiff and

the remainder oftheir family immigrated tothe United States and settled in Queens, New York.Randy's Records remained open in Jamaica until 1989.

30. The Randy Catalog Tapes were stored at the premises of Studio 17,17 NorthParade, Kingston, Jamaica, until 1999. Thereafter, at Plaintiffs request, and with the knowledgeof Randy Chin, the Randy Catalog Tapes were kept in safekeeping at Experience Music Projectin Seattle, Washington, which cataloged and boxed the tapes. (A list of the Randy Catalog Tapesis attached as Exhibit A.) In July 200, the Randy Catalog Tapes were sen, by Experience MusicProject to Plaintiff in Queens, New York where they were stored at his home.

31. On September 17,2013, a. the suggestion ofVincent David Chin, Plaintiff causedthe Randy Catalog Tapes to be delivered to VP for safekeeping at its premises in Queens NewYork.

32. On March 31,2014 Plaintiff sent atext message to Vincent David Chin seeking topick up the Randy Catalog Tapes.

33. On the same day, Vincent David Chin refused Plaintiff access to the tapes sendingatext message that "the tapes are safe where they are."

34. Upon information and belief, the Randy Catalog Tapes are currently being heldby VP at its premises at 89-05 138* Street, Jamaica, Queens.C. -p.- "f A" Rihts mThe^dxMusJc^atateto^iaintffi

35 Pursuant to "Agreement for the Transfer/Conveyance/Assignment ofall RightsandOwnershiplnterestmMusicalCompilationKnownas'Randy Music Catalog'" datedMarch

26 2002 (the "AssignmenO, Randy Chin conveyed, transferred, and assigned to Plaintiff(a) All "rights, invests, and otherwise ... of every kind and description, tangible of

mintangible" in the Randy Music Catalog "regardless of whether or [not] reflected in thebooks andrecords of Assignor and any of the third-party bu, regarded as part of the interest ofthe Assignor in the "Catalog".(b) All right, title, and interest in all contracts, agreements, personal property leases,licenses and commitments relating to the Randy Music Catalog.

(c) "Any and all goodwill of Assignor" which included all rights in any trademarksassociated with the Randy Music Catalog.

(A copy ofthe Assignment is attached as Exhibit B.)36. The Assignment operated only to assign and transfer whatever intellectual

property, contract rights, brand and trademarks Randy Chin possessed in the sound recordingsand musical compositions of the Randy Music Catalog. The Assignment did no, assign andtransfer the intellectual property rights ofPlaintiff in the Randy Music Catalog sound recordingsmat Plaintiffhimself created because Randy Chin did not own those rights.

37. In addition, Plaintiffs rights as acomposer and lyricist ofthe musicalcompositions are separate and distinc, from his righ,s as me producer and crea,or oftire RandyMusic Catalog sound recordings upon which tire compositions are embodied. Rights in soundrecordings are subject to the rights ofme composers, and me Assignmen, did no, transfer any ofPlaintiffs proprietary rights in me compositions embodied in me sound recordings becauseRandy Chin did not own those rights.

38. On February 2,2003 Randy Chin passed away leaving aLas, WiU and Testamentdated January 8,1999 (the "Will"). Pursuant , the Will, Randy Chin made specific bequests of

estate located at 17 North Parade, Kingston, Jamaica to Plaintiff.3,. Patricia Chin and Robert Lilly, as the named executors in the Will, sought probate

fthe Will in the Broward County Probate Court, For, Lauderdale, Florida, under Case NumberPRC030001424. The Will was admitted to probate, and the Estate of Vincent G. Chin (theEstate") was established, on September 20,2004. Notice to creditors was published on March21,2005 resulting in two claims for medical bills totaling approximately $1,000. No otherclaims were made against the Ese. The Estate was closed by order ofthe court on December27,2010.

40. Prior to, and at the time of the death of Randy Chin, and during me period oftheadministtation ofme Estate, Patricia Chin, Vincent David Chin, and Christopher Chin wereaware ofthe existence of the Randy Music Catalog, and Plaintiffs ownership ofthe Catalog.

41. Shortly after the Assignment, Plaintiff showed Patricia Chin the Assignment andto,d her that Randy Chin had transferred and assigned the Randy Music Catalog to him.

42. In 2004, Plaintiff, with the knowledge and consent ofVincent David Chin andChristopher Chin, commenced occupying office space a, VP's premises to exploit the RandyMusic Catalog soundrecordingsusingthe name, "Randy's Music". On November 19,2013Piaintiffincorporated aNew York Corporation, Randy's Music Group, Inc. Defendants were allwd, aware that P,aintiff was seeking to expioit the Randy Music Catalog from his office a, VP'spremises.

43. VP and Vincen, David Chin recognized and acknowledged Plaintiffs rights in theRandy Music Catalog in tire 2009 Press Release, and in multiple licenses entered into by VP, and

Irspublishingsubsidiary.withPlaintiffforthesoundrecordingsandmusica, compositions of theRandy Music Catalog songs.

44. Patricia Chin, recognizing Plaintiffs rights in the Randy Music Catalog, insistedand urged Plaintiffto enter into one or more of such licenses with VP.

45. If the Assignment was invalid, as VP, Patricia Chin and Vincen, David Chin haverecently ciaimed, me Randy Music Caalog and

Chin as part ofthe Assignment.49. On or about July 7,2009, Plaintiff entered into an Administration Agreement (the

"Administration Agreement") with Greensleeves pursuant ,o which Grcensleeves was toadminisrer, for me period from October 1,2009 to September 30,2012, with asix-monthcollection period, Plaintiffs rights in musical compositions in which possessed an interestincluding licensing and otherwise exploiting the musical compositions, and collecting and payingto Plaintiffhis portion ofroyalties due him from such exploitation.E. VP and Greensleeve's Licenses of Randy Catalog Sound Recordings and Musical

Compositions.50. On or about October 7,2013, STB, ostensibly as agen, for Greensleeves, licensed

Plaintiffs fifty (50%) percent portion ofthe musical composition, "Ska Beat", to72andSunnypartners, LLC for aone year period for use for use in athirty (30) secondcommercial for Google, Inc. (the "Google Musical Composition License"). The license fee underthe agreement was $50,000 which was received by STB/Greensleeves.

51. STB entered into me Google Musical Composition License on behalfofPlaintiff,without prior notice to Plaintiff, notwithstanding that the Administration Agreement had expiredon September 30,2012.

52. Upon information and belief, on or about October 7,2013, VP entered into alicense agreement with 72andSunnypartners, LLC for Plaintiffs 100% interest in me soundrecording of "Ska Bea," for use in the commercial for Google Inc. (me "Google SoundRecording License"). Upon information and belief, me Google Sound Recording License wasfor aone-year period and me license fee was $100,000 win, 25% payable to Rhino Records asplacemen, agent, and 50% ofthe remainder, $37,500, payable to Plaintiff.F. ConrtyedCJairniCiRi^^

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53. Upon information and belief, as aresult ofthe offer made by ADA, detailedfce-ow, to distribute the Randy Music Catalog, the negotiations leading to the Google MusicalComposition License and the Google Sound Recording License, and the issuance oflicensesthemselves, Defendants came to realize the actual and potential value ofme Randy MusicCatalog. Patricia Chin, and tire remaining Defendants, through Patricia Chin's "attorney",Declan P. Redfem, Esq. ("Redfern"), commenced contriving aseries of shifting and inconsistentarguments in letters to Plaintiffs attorneys claiming ma, me Randy Music Catalog did no, belongto Plaintiff.

54. By letters dated March 4, 2014 and March 31,2014, Redfem claimed that thecopyrights in the Randy Music Catalog were par, of the "marital estate" of Patticia ChinandRandy Chin, and since the Assignmen, was made without me consent of Patricia Chin it was"void ab initio ".

55. By letter dated April ll,2014,RedferndiscardedhisassertionthattheAssignmen, was void ab initio and instead claimed that the Assignment did not convey theinterest ofPatricia Chin in the Randy Music Catalog, implying ma, me Assignment did conveythe inters, ofRandy Chin. In such letter, Redfem advised that he instructed VP to continuemaking royalty payments due Plaintiff in the ordinary course of VP's business.

56. By letter dated April 29,2014, Redfern claimed that Patticia Chin "jointly held" aproprietary interest in the Randy Music Catalog, different and distinct from 'ownership as.enants-in-common or through join, corporate ownership", and ma, Plaintiff took titie to meRandy Music Cat*g subjec, to the "legal and equitable interests" of Patricia Chin.

57. By letter dated May 28,2014, Redfem discarded his assertion that Patticia Chindid no, own an interest in the copyrights ofthe Randy Music Catalog through joint corporate

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ownership, and instead alleged she and Randy Chin owned all assets ofme music busmessincluding me copyrights in me Randy Music Catalog as "shareholders and as de facto partners. "Redfern alleged fha, Patticia Chin's righ, titie and interes, in me Randy Music Catalog "arose byvirtue ofCommon Law and under me copyright law itself."

58. In making the legal pronouncements and conclusory statements in the abovereferenced letters, Redfem did not address Plaintiffs ownership ofme sound recordingcopyrights as the creator ofamajority ofthe master recordings in the Randy Music Catalog, orPlaintiffs ownership in the copyrights ofamajority ofthe musical compositions as author. Noattempt was made by Redfern to claim ma, Patticia Chin had a'proprietary" or "legal andequitable interest" in such sound recordings or musical compositions.

59. Each ofthe letters sent by Redfem expressed a"hope" for "constructivediscussions" to resolve issues relating to the Randy Music Catalog. There were in fact no suchissues to resolve since all claims made by Redfem were patently specious and without merit.Notwithstanding this, VP sought ,o extort aresolution through an agrecmen, seeking to takeftom Plaintifftwo-thirds ofhis copyright interest in the Randy Music Catalog, allocating one-ted , Patricia Chin and one-third to VP. In an attempt to coerce Plaintiff to accept sucharesolution Defendants stymied and prevented any attempts by Plaintiff to exploit the RandyMusic Catalog mrough active and successful interference with Plaintiffs prospective economicrelations.

O. The Interference ofPlaintiffsProspective Economic Relations By Vincent David Chin,VP1 andGreensleeves.60 During the Summer of20,3 Plaintiffwas negotiating in the United Kingdom with

Howard Corner of Warner Music UK Limited trading as ADA UK ("ADA") for the worldwidesale and disttibution of the Randy Music Catalog. ADA offered Plaintiff an advance of

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130,000, or approximately $208,000, and on July 16,2013 Plaintiffwas sen, adraft agreementby ADA as an e-mail attachment.

61. Upon information and belief, shortly after the draft agreement was sent toPlaintiff, Vincent David Chin spoke with Howard Comer and made statements andrepresentations regarding Plaintiffs ownership ofthe Randy Catalog Tapes which caused ADAto withdraw the offer contained in the draft agreement and to cease negotiations. At the time,Plaintiffwas told by Vincent David Chin during atelephone conversation to "get on aplane andcome back." Howard Corner told Plaintiff he would "have to work something out with yourbrother."

62. As aresult no agreement was reached between Plaintiff and ADA.63. During 2013 into 2014 Plaintiff had been in discussions and negotiations with

Naoki lenaga ofDub Store Sound Inc. ("Dub Store") in Japan to license for sale and distributionsound recordings embodied on the Randy Catalog Tapes. In Angus, 2013 adraft agreemen, wassent to Plaintiffproviding for an advance of$22,000. Upon information and belief, duringAugust 2014, before the transaction could be consummated, Michael McGraw ("McGraw"),Senior Director ofNew Media a. VP, had contact with Dub Store and made statements andrepresentations regarding Plaintiffs ownership ofthe Randy Catalog Tapes which caused DubStore to withdraw the offer contained in the draft agreement and to cease negotiations.

64. As aresult no agreement was reached between Plaintiff and Dub Store.65. Upon information and belief, in or about September 20,4 Greensleeves sen. a

,eer to PRS, the performance rights society in the United Kingdom, representing that Plaintiffhad been forging documents and had no rights to the Randy Catalog Tapes and the soundrecordings embodied thereon.

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H VP and Vincent David Chin Excludes Plaintiff from His Office a, VP's Premises and' p.fi,^s to Relea- "' """"al Pronertv.

66 In or about March 2014 Vincent David Chin advised Plaintiffmat he should notreturn to his office at VP's premises until the dispute over me ownership of me Randy MusicCatalog had been worked out.

67. VP and Vincen, David Chin have refused to permit Plaintiff to remove hispersonal items and business equipment from his office and continue ,o refuse to permit theirrelease despite his request that they do so.

68. VP and Vincen, David Chin are currently holding, in part, the following propertyand equipment:

a) Office supplies, blank music contract's and invoices.b) Promotional posters from all Plaintiffs overseas tours (China, Hong Kong, Japan,

UK, France, Belgium, Poland, Germany, Switzerland, Spain, Austria, and SouthAfrica.

c) Promotional music CD's, DVD's, VHS, and cassettes.d) Twenty boxes of 10" vinyl records "One Day You'll Know" by ChaCha and

Ranking Joe produced by Plaintiff in 2010.e) Two hard-drives with some ofPlaintiffsun-released musical productions.f) Assorted music books.g) Acouple pair of 7" metal stampers, and record labels (Randy's and IMPACT!),h) Two hundred fifty 7", 10", and 12" vinyl records test pressings.i) Cassette voice recorder,j) Framed artiest wall placards,k) Personal memorabilia items.

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1) One brand new blackberry cell phone.(Referred to hereafter as "Plaintiffs Personal Items".)

SHE HAS rw tMT>vrATAlor, TAPES

69. There exists an actual controversy between Plaintiff and Patricia Chin as to thevalidity of the Assignment and their respective rights in the Randy Music Catalog and the RandyCatalog Tapes. This Court is empowered to issue adeciaratory judgment declaring the rightsand other legal relations ofthe parties pursuant ,o 28 U.S.C. 2201(a).

70. Patricia Chin has no claim of rights in the Randy Music Catalog and RandyCatalog Tapesbecause:(a) Pursuant to 17 U.S.C. 301 Federal Copyright law preempts State matrimonial

taw in determining acopyright interest in intellectual property, and State matrimonial lawcannot be used either to determine that aspouse possesses acopyright interest inintellectual property as part of"community property" or the "marital estate", or as abasisto cause the transfer ofa copyright interest to aspouse.

(b) U.S. Copyright law provides only four ways in which aparty may obtain acopyright interest in intellectual property: (1) by authoring the work; (2) through transferby written agreement or by operation of law; (3) by bequest and will; or (4) bydistribution according to aState's intestacy laws. Patricia Chin has not claimed, and infact has not obtained, an interest in me Randy Music Catalog by any ofthese four means,(c) Assuming State matrimonial law applied, which it does not, and the copyrightinterest was "community property" or part ofthe "marital estate", aspouse possessingsuch acopyright interest is free to transfer and assign me interest any time prior to the

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commencement ofmatrimonial proceeding, There was no commencement ofdivorce orseparation proceedings by either Randy Chin or Patricia Chin,(d) Assuming Patricia Chin had aproprietary interest in the Randy Music Catalog,such interest does no. render the Assignment void ab initio or ineffective. Moreover,Patricia Chin is precluded by me applicable statute oflimitations from now claiming suchan interest.

71. In addition, to the extent Plaintiff was the creator of sound recordings and theauthor of musical compositions of songs in the Randy Music Catalog, Randy Chin never had aninterest in such works, they were not transferred by the Assignment, and Patricia Chin could nothave had aproprietary interest in such sound recordings and musical compositions.

72. Plaintiff is entitled to adeclaratory judgment that the Assignment is valid andenforceable, that he possesses all the rights the Assignment gives to him concerning the RandyMusic Catalog and the Randy Catalog Tapes, and that Patricia Chin has no legal or equitableinterest on either the Randy Music Catalog or the Randy Catalog Tapes.

73. Alternatively, Plaintiff is entitled to adeclaratory judgment that Patricia Chin hasno legal or equitable interest in the musical compositions he authored and the sound recordingshe created forming part of the Randy Music Catalog as embodied on the Randy Catalog Tapes.

SECOND CLAIM AGAINST PATRICIA CHIN FOR TORTIOUSSECOND CL^yttFFRENCir WTTH CONTRACT74. Plaintiff repeats the allegations set forth in paragraphs 1through 73.75. Upon information and belief, at all times relevant, Patricia Chin had actual

knowledge of the Master Use Agreement between Plaintiff and VP.76. By letter dated October 23,2014 sent to VP, Redfern stated on behalfof Patricia

Chin:

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"As Ipreviously informed you in my letter dated March 32014,1 represent, PatriciaChin with respect to her right, title and ownership interest m*W** J* .intellectual property known as the Randy catalog (the "Copyrights ). This letter shallSSJSctot continues to assert her rights in Wfttg^ggg-title and interest in the copyrights or royalty income generated therefrom_ Please takefurther notice that my client expressly and unconditionally reserves all of her rights with^S to an acSunnng and payment ofall royalties paid or payable and claims on^pTdt third-irties in derogation of her rights in the copyrights and copyrightroyalties."

77. On November 3,2014 VP's attorney sent aletter to Plaintiffs attorneys, attachingacopy of the Redfern's October 23,2014, letter stating:

"VP is in receipt of the attached letter dated October 23,2104 (sic) sent by DeclanR^LmE^n behalfofhis client Patricia Chin reserving all for rights mand to the[Randy Music] Catalog.Accordingly, VP is now withholding any and all royalties due or becoming payable under^"ents until such time as all of the relevant parties enter into^written settlementagreement with respect to the Catalog resolving any and all applicable claims.78. Patricia Chin, through Redfern, has intentionally caused VP to breach the Master

Use Agreement by not paying royalties due to Plaintiffunder the Agreement.79. As aresult, Plaintiffhas been damaged in an amount to be determined at trial, not

less than $50,000. Plaintiff is also entitled to punitive damages in an amount to be determined attrial, not less than $150,000.

rr aim XC ATNST VP AND VINCENT DAVID CHIN FOR TORTIOUS^j^S^^

83. Vincent David Chin acted with malice in that his sole purpose was to harmPlaintiffby preventing him from entering into adistribution agreement with ADA. Additionally,Vincent David Chin acted with malice in that his intent was to prevent Plaintiff from having anymeans of distribution of the Randy Music Catalog so as to force him to transfer two-thirds ofhisproprietary interest in the Randy Music Catalog to VP and Patricia Chin.

84. As aresult, Plaintiffhas been damaged in an amount to be determined at trial, notless than $250,000. Plaintiff is also entitled to punitive damages in an amount to be determined attrial, not less than $750,000.

FOURTH CLAIM AGAINST VP FOR TORTIOUS INTERFERENCE WITHFOURTH CLAIMA^ ^ ^ ^roivnMTr RFLATIONS

85. Plaintiff repeats the allegations set forth in paragraph 1through 84.86. Dub Store was prepared to act on behalfofPlaintiff in the sale and distribution of

recordings in the Randy Music Catalog in the country of Japan.87. McGraw, on behalf ofVP, with knowledge ofPlaintiffsprospective economic

relationship Dub Store, interfered with such relationship by causing Dub Store to withdraw itsoffer and to refuse to enter into adistribution agreement with Plaintiff.

88. McGraw, on behalf ofVP, acted with malice in that his sole purpose was to harmPlaintiffby preventing him from entering into adistribution agreement with Dub Store.Additionally, McGraw acted with malice in that his intent was to prevent Plaintiff from havingany means of distribution of the Randy Music Catalog so as to force him to transfer two-thirds ofhis proprietary interest in the Randy Music Catalog to VP and Patricia Chin.

89. As aresult, Plaintiffhas been damaged in an amount to be determined at trial, notless than $250,000. Plaintiff is also entitled to punitive damages in an amount to be determined attrial, not less than $750,000.

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^, a.M APAINSTVP AND VINCENT DAVID CHIN FOR CONVERSION OFFIFTH CLAM^GAINST VF AND Vlr^^^mr nAMAGES90. Plaintiffrepeats the allegations set forth in paragraph 1through 89.9,. By,ex,meSsagedatedMarch31,2014toVmcen,DavidChinPlain,iffsough,to

arrange to pick up the Randy Catalog Tapes from VPs premises.92. By text message of the same date ,o Plaintiff, Vincent David Chin refused access

to the Randy Catalog Tapes stating that "tapes are safe where they are". In the same text,Vincen, David Chin made clear mat the Randy Catalog Tapes were being held hostage pendingan agreement which VP and Patricia Chin to their benefit. He stated:"Alex IVPs attorney] is going to reach out to Janis [Plaintiffs attorney] today or tomorrow. IdoS you sLuld come to the office until we get the situation resolved.

93. By letter dated April 7,2014 sen, to Vincen, David Chin, Plaintiffs attorney madeaformal demand upon Vincen, David Chin and VP for areturn ofme Randy Catalog Tapes.

94. VP and Vincen, David Chin failed and refused to return the Randy Catalog Tapesdespite the demand.

95. As aresult ofthe conversion ofthe Randy Catalog Tapes, Plaintiff is entitled todamages in an amount to be determined at trial not less than Sl.000,000. Plaintiffis also entitled,o punitive damages in an amount to be determined at trial no. less titan $3,000,000.

96. Plaintiffrepeats the allegations set forth in paragraph 1through 94.97. The Randy Catalog Tapes are unique and irreplaceable and Plaintifftherefore has

no adequate remedy atlaw.98. PlaintiffisentitledtoanorderagainstVincentDavidChinandVPdirectingthereturn to Plaintiffof the Randy Catalog Tapes as listed on the attached Exhibit A.

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99. Plaintiffrepeats the allegations set forth in paragraph 1through 98.,00. Plaintiffs Personal Property is unique and irreplaceable and Plaintiff therefore

has no adequate remedy atlaw.,01. Plaintiff is entitled to an order against VP directing the return ofPlaintiffs

Personal Property.

JUDGMENl 1HA1 Mglrimi,.Mt>F,it30.2012

102. Plaintiff repeats the allegations set forth in paragraph 1through 101.,03. By its terms the administration agreement terminated on September 30,2012 with

asix-month collection ending on April 30,2013. During me collection period Greensleeves andSTB were entitled only to collect royalties earned prior to September 30,2012.

,04. Notwithstanding that the term ofthe Administiation Agreement had terminated,me collection periodhad elapsed, and Greensleeves had no authority to act on behalfof Plaintiff,on or about October 7,2013, STB, as agent for Greensleeves, entered into me Google MusicalComposition License.

,05. On October 21,2013, Plaintiff, tirroughhis attorney, notified Greensleeves by,e^ti,atme Administration Agreementhad expired on September 30,2012, and thatGreensleeves did not have the right ,o receive or collect funds, sign third-party agreements, orotherwise administer the rights to Plaintiffs musical composition copyrights.

,06. Notwithstanding that the Administration Agreement provides mat it can only bemodified in writing, Greensleeves and STB have taken the position that AdministrationAgreement continued after the termination date.

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,07. There exists an actual controversy between Plaintiffon the one hand, andOreensleeeves and STB on the other, as to whether me Administtation Agreemen, terminated onSeptember 30,2012.

108. Plaintiff is entitled*^

the Administration Agreement terminated on September 30,2012.NINTH CLAIM AGAINST GREENSLEEVES AND STB FOR

MONT?VHAD AND RECEIVED

109. Plaintiff repeats the allegations set forth in paragraph 1through 108.110. After the expiration of the Administration Agreement, and the collection period

provided for in the Administration Agreement, Greensleeves and/or STB received $50,000 fromthe Google Musical Composition License.

111. Neither Greensleeves nor STB had the authority to enter into me Google MusicalComposition License on behalfofPlaintiffor to receive me paymen, ofme $50,000 which wasdue to Plaintiff.

,,2. Greensleeves and STB have retained the $50,000 payment despite demand that i,be paid to Plaintiffand has thereby benefited from the receipt ofthe payment.

,13. Upon information and belief, Oreensleeeves and STB have received additionalpublishing royalties due Plaintiff under the expired Administration Agreement.

,,4. Greensleeves and STB should no, be allowed to retain such monies which shouldhave been paid directly to Plaintiff.

1,5. Plaintiff is entitiedto ajudgmen, against Greensleeves and STB, in an amount tobe determined at trial, not less than $50,000.

116. Plaintiff repeats the allegations set forth in paragraph 1through 115.22

1,7. Greensleeves and STB have been unjustiy enriched by their receip, ofme $50,000under the Google Musical Composition License, and by the receip. ofadditional publishingroyalties which should have been paid directly to Plaintiff.

8. Greensleeves and STB have been unjustly enriched at Plaintiffsexpense and inequity and good conscience should be required to pay such monies to Plaintiff.

,,9. Plaintiff is entitled to ajudgment against Greensleeves and STB, in an amount tobe determined at trial, not less than $50,000.

ELEVENTH CLAIM AGAINST VP FOR DAMAGES RESULTING FROMELEVEN 1H C1.A. TOPArHnBAr,RFEMENT120. Plaintiff repeats the allegations set forth in paragraph 1through 119.,2,. VP has breached the Master Use Agreement by failing to pay Plaintiffs portion of

the license fee received on the Google Sound Recording License bthe amount of$37,500.122. Moreover, VP has failed and refused to pay additional royalties due to Plaintiff

under such agreement.

,23. Plaintiff is entitled to judgment against VP in an amount to be determined at trial,not less than $50,000.

, .,, .riMOTVP VINCENT DAVID CHIN AND CHRISTOPHERTWELFTH C^MrA^S^L^,^,v.nrar.EMENT,24. Plaintiff repeats the allegations set forth in paragraph 1through 123.,25. Plaintiff is the owner ofthe copyrights in the sound recordings listed below, by

the musical artists listed, and owns me copyright in the underlying musical composition in theproportion set forth below:"Away from It AU"-Don Drummond/50% of musical composition;"Babylon King *Queen" AKA "King *Queen (Babylon)" -Lord Creator^/o ofmusicalcomposition;

23

"Black Joe"- The Skatalites/no copyright interest in musical composition;"Evening News" -Lord Creator/50% of musical composition;"Hello Mother" -The Skatalites/no copyright interest in musical composition."I Love The Reggay" -The Gaylads/50% ofmusical composition;"I'm Wasting My Time"-Lord Creator/50% of musical composition;"Ifs Now or Never"- Jimmy London/ no copyright interest in musical composition:"Lost Penny"- The Maytals/50% ofmusical composition;"Man to Man" -Lord Creator/50% ofmusical composition.

126. All of the Infringed Works were created by nationals of the country of Jamaicaand first released outside the United States.

127. VP embodied Infringed Works upon albums it manufactured, distributed and sold.Below are the names of the albums, the years released, and the names of the Infringed Work,

Infringing Work: Total Reggae: This is SkaYearof Release: 2008InfringedWork(s):"Away from It All" -Dan Drummond"Black Joe" - The Skatalites"Evening News" - Lord Creator

"Man to Man" - Lord Creator"Lost Penny" - The Maytals."Hello Mother" - The Skatalites

Infringing Work: Total Reggae: Pop Hits (Album)VSgfi^ Now or Never" -Jimmy London;Infringing Work: Out of Many 50 Years of Reggae 2012 (Album)Year of Release: 2012 Ti,ravi!.H'Infringed Work(s): "I Love The Reggay" -The Gaylads,

24

128. Infringed Works were licensed by VP to third parties without the consent ofPlaintiff. Set forth below is alist of the names ofthe infringing works, the nature ofthe licensesgiven by VP, the name of the licensee and country of location, and the names ofthe InfringedWorks.

Infringing Work: Claude Challe Presents Lovely Reprises Vol 2(Album)Nature of license: Sound recording/Musical composition LicenseYear of License: 2013 _Licensee/Country: Chall'o Music International/FranceInfringed Work(s): It's Now or Never" -Jimmy London;Infringing Work: WMTV206 Ska AlbumNatoe of license: License (Sound recording/Musical composition)Year of License: 2013Licensee/Country: Rhino UKInfringed Work(s): "Babylon King &Queen" AKA King &Queen(Babylon)"- Lord CreatorInfringing Work: WMTV206 Ska AlbumNature of license: License (Sound recording/Musical composition)YearofLicense: 2013Licensee/Country: Rhino UKInfringed Work(s): "Lost Penny" -The Maytals.,29. Upon information and belief, in addition to as se, forth above, VP, Vincent David

Chin, and Christopher Chin have all infringed the Infringed Works in anumber of waysincluding the following: (1) creating aderivative work by including the Infringed Works in meinfringing Works; (2) through the manufacture, disttibution and sale, and/or the authorizing ofothers to distribute and sell the Infringing Works; (3) authorizing and/or licensing the InfringingWorks including for digital downloads; (4) commercially exploiting me Infringing Works; (5)performing or authorizing the performance ofthe infringing Works; and/or (6) causing and/ormaterially contributing to and/or by substantially participating in and furthering the above-mentioned infringing acts, and/or sharing the proceeds therefrom, all through unlicensed sales ofthe Infringing Works.

25

130. Upon information and belief, Vincent David Chin and Christopher Chin had theobligation, right and ability to supervise each infringing activity but allowed the infringement tooccur, and they had an obvious and direct financial interest in exploiting the copyrightedInfringed Works.

131. Accordingly, VP, Vincent David Chin, and Christopher Chin are liable for direct,contributory, and vicarious copyright infringement of the Infringed Works.

132. Upon information and belief, VP, Vincent David Chin, and Christopher Chin haveand continue to receive payments for the unlicensed sale of the Infringing Works.

133. Upon information and belief, VP, Vincent David Chin, and Christopher Chin havereceived payments for the unlicensed sale of the Infringed Works without accounting for andremitting the appropriate amount of such royalties to Plaintiffor providing for the appropriatecopyright interest ofPlaintiff in the Infringing Works.

134. Upon information and belief, VP, Vincent David Chin, and Christopher Chin havereceived royalties for the licensing of the Infringed Works for digital downloads and streamingvia the Internet.

135. By reason of the infringement of the Infringed Works, and the continuousinfringement ofthe Infringed Works, Plaintiffhas sustained and will continue to sustainsubstantial injury, loss and damage to his rights in the Infringed Works.

136. Further irreparable harm to Plaintiff is imminent as aresult ofthe conduct ofVP,Vincent David Chin, and Christopher Chin, and Plaintiff is without adequate remedy at law.Plaintiff is entitled to an injunction restraining VP, Vincent David Chin, and Christopher Chin,their officers, directors, agents, employees and representatives and all persons acting in concertwith them from engaging in further acts of copyright infringement.

26

137. Plaintiff is further entitled to recover from VP, Vincent David Chin, andChristopher Chin the damages sustained by Plaintiff as aresult of their acts of copyrightinfringement. Plaintiff is at present unable to ascertain the foil extent of the monetary damagePlaintiffhas suffered by reason of the acts of copyright infringement but believe such damagesexceed $150,000.

138. Plaintiff is further entitled to recover from VP, Vincent David Chin, andChristopher Chin the gains, profits and advantages they obtained as aresult of their acts ofcopyright infringement. Plaintiff is at present unable to ascertain the full extent of the gains,profits, and advantages VP, Vincent David Chin, and Christopher Chin have obtained by reasonof their acts of copyright infringement, but Plaintiff is informed and believe that VP, VincentDavid Chin, and Christopher Chin have obtained such gains, profits, and advantages in anamount exceeding $150,000.

THreTFFNTHCI ~ Ar.A,MT A,.LnFFFNDANTSFORCrVII.CONSPIRACY139. Plaintiff repeats the allegations set forth in paragraph 1through 138.140. The claim ofownership by Patricia Chin ofPlaintiffs property rights have been

used as justification by VP and Vincent David Chin to interfere with Plaintiffs prospectiveeconomic relations, to refuse to release the Randy Catinog Tapes, and by Greensleeves, STB andVP to refuse to pay monies due Plaintiff, evidencing acorrupt agreement in furtherance ofacommon scheme among all Defendants to coerce Plaintiff to give up his valuable property rights.

141. Each ofthe Defendants acted tortiously or refused to abide by their contractualagreements as part of such conspiracy to unlawfully coerce Plaintiff to give up his propertyrights.

,42. As aresult, all ofthe Defendants are jointly and severally liable for the conduct of27

the other in an amount to be determined at trial not less than $1,000,000, with punitive damagesof not lessthan$3,000,000.

143. Plaintiff repeats the allegations set forth in paragraph 1through 142.144. Defendants had an express and/or tacit understanding to participate in acommon

plan to deprive Plaintiff ofhis valuable property rights.145. Each of the Defendants either acted tortiously or breached its agreement with

Plaintiff infurtherance ofsuch understanding.146. As aresult, all of the Defendants are jointly and severally liable for the conduct of

the other in an amount to be determined at trial not less than $1,000,000, with punitive damagesof not less than $3,000,000.

WHEREFORE, Plaintiff demands:

a) On his First Claim, declaratory judgment against Patricia Chin that theAssignment is valid and enforceable, that Plaintiffpossesses all the rights the Assignmentgives to him concerning the Randy Music Catalog and the Randy Catalog Tapes, and thatPatricia Chin has no legal or equitable interest on either the Randy Music Catalog or theRandy Catalog Tapes, or, in the alternative, adeclaratory judgment that Patricia Chin hasno legal or equitable interest in the musical compositions he authored and the soundrecordings he created.

b) On his Second Claim, Judgment against Patricia Chin awarding an amount to bedetermined at trial, not less than $50,000, and punitive damages in an amount to bedetermined at trial, not less than $150,000, together with interest from March 14,2014.

c) On his Third Claim, Judgment against Vincent David Chin and VP in an amount28

to be determined at trial, not less than $250,000, and punitive damages in an amount to bedetermined at trial, not less than $750,000, together with interest from July 16,2013.

d) On his Fourth Claim, Judgment against Vincent David Chin and VP in an amountto be determined at trial, not less than $250,000, and punitive damages in an amount to bedetermined at trial, not less than $750,000, together with interest from August 1,2013.

e) On his Fifth Claim, Judgment against Vincent David Chin and VP for damages inan amount to be determined at trial not less than $1,000,000, and punitive damages in anamount to be determined at trial not less than $3,000,000 together with interest fromMarch 31,2014.

f) On his Sixth Claim, for an Order against Vincent David Chin and VP directingthereturn of theRandy Catalog Tapes to Plaintiff.

g) On his Seventh Claim, for an Order against Vincent David Chin and VP directingthe return ofthe Plaintiffs Personal Property toPlaintiff.

h) On his Eighth Claim, for declaratory judgment against Greensleeves and STB thatthe Administration Agreement terminated on September 30,2012.

i) On his Ninth Claim, Judgment against Greensleeves and STB in an amount to bedetermined at trial, not less than $50,000, with interest from October 7,2013.

j) On his Tenth Claim, Judgment against Greensleeves and STB in an amount to bedetermined at trial, not less than $50,000, with interest from October 7,2013.

k) On his Eleventh Claim, Judgment against VP for damages in an amount to bedetermined at trial not less than $50,000, together with interest from October 7,2013.

1) On his Twelfth Claim, Judgment against VP, Vincent David Chin and ChristopherChin:

29

11.

111.

IV.

V.

That they be found liable for direct, contributory, and/or vicarious copyrightinfringement.

That they be ordered to submit to an accounting so that all gains, sales, profits,and advantages derived by them from each of their acts may be determined.For apreliminary and permanent injunction enjoining them and all persons actingin concert with them from copying, reproducing, performing, manufacturing,promoting, advertising, and distributing the Infringed Works, or performing anymaterials that are substantially similar to the Infringed Works, and to deliver tothe Court for destruction or other reasonable disposition, all such material andmeans for producing same, in their possession or control.For actual damages and their profits in an amount to be determined at trial, notless than $300,000.

For declaratory judgment that Plaintiffowns the copyright in the Infringed Works,and are entitled to publishing royalties and royalties from the sale ofphysical anddigital albums, including digital download royalties and ringtone/ringbackroyalties, based on such ownership or, in the alternative, that the Court declarePlaintiffs' ownership interest in the Infringing Works and sound recordings ofsuch works, and order appropriate payment based upon such ownership interest.

1) On his Thirteenth Claim, Judgment against all Defendants for damages inan amount to be determined at trial not less than $1,000,000.00, with punitivedamages ofnot less than $3,000,000.

m) On his Fourteenth Claim, Judgment against all Defendants** damages inan amount to be determined at trial not less than $1,000,000.00 million, with punitive

30

damages ofnot less than $3,000,000.00.n) On all ofPlaintiffsClaims his reasonable attorney's fees, interest, costs,

and disbursements and such other and further relief as the Court deems just andproper.

Dated: New York, New YorkDecember 5,2014

31

WidfrANTHONY'MOTJAAttorney forPlaintiffs50 Broadway, Suite 800New York, N.Y. 10004-1874Tel: (212)791-7360Fax: (212) 791-7468

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