UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH, GEORGIA DIVISION
Civil Action No. CV400-086
COMPLAINT
RONALD G. CALHOUN
Plaintiff
vs.
THE SOUTHERN BAPTIST CONVENTION LIFEWAY CHRISTIAN RESOURCES dba, LIFEWAY CHRISTIAN STORES, THE SUNDAY SCHOOL BOARD OF THE SOUTHERN BAPTIST CONVENTION, CONVENTION PRESS, BROADMAN & HOLMAN, BAPTIST BOOK STORES, THE UNITED METHODIST PUBLISHING HOUSE, COKESBURY PUBLISHING, ABINGDON PRESS, COKESBURY STORES, CCLI (CHRISTIAN COPYRIGHT LICENSE INTERNATIONAL.), WORD MUSIC, NELSON/WORD MINISTRY SERVICES, MARANATHA MUSIC, INTEGRITY MUSIC, INTEGRITY CHURCH SERVICES, MUSIC SERVICES, C. A. MUSIC aka CHRISTIAN ARTIST MUSIC, CAM FLORIA, JEFFREY BUCHAN, BOB McGEE
Defendants
Plaintiff, Ronald G. Calhoun, alleges:
FIRST CAUSE OF ACTION
COPYRIGHT INFRINGEMENT
1. This action is brought under the Federal Copyright Act of 1976, as amended, 17 USC §§ 101 et seq, § 102 (a2,a7)(b) , § 103 et seq, § 106 et seq, § 110 (3)(4), § 117, § 201, § 202, § 204, § 205 (d), § 410 (a)(b)(d), § 411 (a), § 501 (a)(b), § 502, § 503, § 504, and § 505. This court has jurisdiction pursuant to 1338(a) and 1338(b) of the Judicial Code (28 USC §§ 1338(a), 1338(b)). Venue is conferred by Sections 1391(c) and 1400(a) of the Judicial Code (28 USC §§ 1391(c), 1400(a) and FRCP 8(a)). Notification of filing and determination of actions is conferred by 17 USC §§ 508.
2. Plaintiff, Ronald G. Calhoun is now, and at all times mentioned in this complaint was, a citizen of the United States, now residing in Chatham County, Georgia, mailing address P.O. Box 2674, Tybee Island, Georgia 31328.
3. Plaintiff is now, and at all times mentioned in this complaint, engaged in the business of publishing music under the trade name of Calhoun Music associated with Calhoun Conservatory of Music, duly incorporated under the laws of the State of Georgia June 10, 1975.
4. Defendants, are infringing now by using a work entitled "Emmanuel" which is the music to plaintiff's work entitled "Before His Eyes," and in detail as claimed in the SIXTH through EIGHTEENTH CAUSES OF ACTION of this complaint.
5. Defendants acts of infringement complained of herein were committed within the State of Georgia, the United States and in the world (§ 501 (a)(b)).
6. Sometime during December, 1969, plaintiff composed the music and words of an original religious song entitled "Before His Eyes." (§ 102 (a2))
7. Plaintiff recorded an album containing "Before His Eyes" and six other original compositions on the Charisma record label, CCR-7026, in March, 1970, which subsequently was fully released to the public for sale and distribution on March 1, 1971. (§ 102 (a7)). A copy of the album cover and label is attached as Exhibit A.
8. The album was pressed and released to the plaintiff. Subsequently, the album was promoted and distributed, beginning in 1970, in small quantities to other publishers and associates in the music business. The album was fully released in March, 1971.
9. A letter dated October 14, 1970 is attached as Exhibit B. The letter is signed by Mr. Elmo Mercer of John T. Benson Publishing Company and states that "Before His Eyes" was specifically noteworthy.
10. In early 1971, to coincide with the full release of the album, plaintiff had "Before His Eyes" written in shaped-note sheet music and said sheet music is attached as Exhibit C.
11. On March 17, 1971, plaintiff received a Writers Clearance, F2619 (attached as Exhibit D), of his composition which was stamped and registered with the licensing performance agency Broadcast Music Incorporated (BMI).
12, On March 22, 1971, plaintiff received a Publishers Clearance, F3237 (attached as Exhibit E), of the composition which was stamped and registered with the licensing performance agency Broadcast Music Incorporated (BMI).
13 Broadcast Music Incorporated, in accordance with their clearance terms, cleared and announced the work in their forthcoming bulletins to stations and so stated this on the reverse side of each of these forms.
14. The letter referenced in number 9 above referred plaintiff to Faith Music in Atlanta, Georgia. In the early 1970's, Faith Music Company was owned by Hovie Lister and Statesmen Quartet Productions. Plaintiff went to meet with Don Butler of Faith Music and Statesmen Quartet Productions and presented "Before His Eyes" and the other songs from plaintiff's album to Faith Music for publishing consideration. The Statesmen Quartet recorded one of the songs from plaintiff's album on their recording in the early 1970's. Affidavit's are attached as Exhibit F to further substantiate this claim.
15. Plaintiff promoted and performed this musical work by means of concerts, radio and television appearances nationally, as further substantiated in Exhibit F. A list of record and tape orders and large mailing lists was compiled from appearances, concerts and performances and maintained for promotional purposes.
16. A copy of a letter from K-HYM RADIO, Gilmer, Texas requesting plaintiff's album is attached as Exhibit G. The radio coverage reached into four states, serving a listener audience of over 5 million. A copy of a letter from WREY, M.R. Lankford Broadcasting Company, New Albany, Indiana requesting plaintiff's album is attached to Exhibit H.
17. In September 1975, plaintiff performed "Before His Eyes" over CBN Christian Broadcast Network, "Warren Roberts Presents" show which was televised and seen in 32 states. Copies of letters dated August 1 and August 2, 1975 are attached as Exhibit I. This performance was video taped, photographed and is further substantiated in Exhibit F. By 1988, CBN Cable reached nearly 10 million homes.
18. Plaintiff, in 1976, was seeking a recording contract with recording companies and sought help from Dr. D. N. Parkerson for a reference to send to the record companies. "Before His Eyes" and other works by the plaintiff were sent to those companies for a recording contract consideration. A copy of Dr. D.N. Parkerson's letter dated May 16, 1976 and an affidavit is attached as Exhibit J.
19. Plaintiff's composition and album received further promotion nationally through appearances on the Pat Robinson television program, "The 700 Club," syndicated for cable networks from Virginia; the "Grand Ole Opry Radio Gospel Hour," syndicated for radio networks from Tennessee; the National Quartet Convention in Tennessee; and five years at the Stamps-Blackwood School of Gospel Music at Murray State University, Kentucky where plaintiff was an instructor. In 1977 the Stamps-Blackwood School was renamed the National School of Gospel Music.
20. Defendants had reasonable access to plaintiff's work, which was widely disseminated to the public, had access through third parties connected to both plaintiff and defendants to plaintiff's work, and the defendants copying of plaintiff's work is by no coincidence, not diminished by the passage of time.
21. On December 3, 1990, plaintiff deposited two published copies of the composition with the Register of Copyrights and received Certificate Number PAU-1-451-904, a copy of which is attached hereto as Exhibit K and incorporated by this reference (§ 205 (d), § 411 (a)).
22. In May 1998, plaintiff sought what he belived to be an unbiased opinion of John H. McKay, Jr., M.M., Director of Music, Richmond Hill United Methodist Church, Richmond Hill, Georgia. The letter of Mr. McKay is attached as Exhibit L. Without disclosing the name of any of the songs, plaintiff hand wrote a score for each tune ("Emmanuel" and "Before His Eyes," respectively) and labeled the scores tune one and tune two. The results were clearly stated by Mr. McKay.
SECOND CAUSE OF ACTION
UNFAIR COMPETITION
23. Plaintiff herein realleges Paragraphs 1 through 22, inclusive, of this complaint.
24. Defendants, by their unauthorized appropriation and use of plaintiff Ronald G. Calhoun's original music composition, have engaged, and are engaging, in acts of wrongful deception of the purchasing public, wrongful deprivation of plaintiff's good name and reputation, and the wrongful deprivation of plaintiff's right for public recognition and credit as composer and owner of the music of the song "Before His Eyes."
25. Plaintiff's action concerning defendants unfair competition is related to plaintiff's "substantial" copyright infringement action since both actions are based on the same operative facts.
26. As can be determined, since 1983 and continuously after that date, defendants have been licensing, publishing, receiving performance and mechanical royalties, selling and marketing the work "Emmanuel" which is the music of the work "Before His Eyes," and as a result of this conduct have engaged in unfair trade practices and unfair competition against plaintiff to plaintiff to plaintiff's irreparable damage.
27. Defendants engage in unfair practices in affecting foreign commerce and such practices are unlawful under provision of 15 USCA § 45.
28. Although plaintiff Ronald G. Calhoun authored the music to the song "Before His Eyes," defendants falsely and illegally claim rights to licensing, performance, copying, publishing and all other rights provided under Copyright protection and engage in unfair practices and unfair competition against plaintiff to plaintiff's irreparable damage.
THIRD CAUSE OF ACTION
DECEPTIVE TRADE PRACTICES
29 Plaintiff herein realleges Paragraphs 1 through 28, inclusive, of this complaint.
30. Defendants are liable for having affixed, applied, and used in connection with goods and services to Churches and other members of the public in the United States and in foreign countries, a false representation and thus have created new, statutory federal tort apart from common-law unfair competition that is not limited to suits between business competitors, nor does it require ownership of registered trademark as setforth in Lanham Trade-Mark Act, § 43(a), 15 USCA § 1125(a).
31. Defendants engage in deceptive trade practices in affecting foreign commerce and such practices are unlawful under provision of 15 USCA § 45.
32. Defendants have substantially effected the interstate and international sale, occupation and reputation of plaintiff and plaintiff's property and meets "services" and "commerce" requirement of Lanham Trade-Mark Act, § 43(a), 15 USCA § 1125(a).
33. Defendants have established a false designation of origin and false approval and false sponsorship and false description and false representation of plaintiff's property. The likelihood of confusion is fact and has effected the state of mind of the public in accordance with Lanham Trade-Mark Act, § 43(a), 15 USCA § 1125(a).
34. Defendants misappropriated plaintiff's music by unauthorized license, publications and distribution and sale without acknowledgment of plaintiff's ownership rights and defendants have created a false impression of source of music in question in Church's and in those members of the public in the United States and in foreign countries who use the hymnals, recordings, Midi Recordings and CD Computer Programs, and other publications. Plaintiff seeks relief under Lanham Act, Federal Rules Civil Procedure rule 12(b)(6), 28 USCA; Lanham Trade-Mark Act, § 43(a), 15 USCA § 1125(a).
FOURTH CAUSE OF ACTION
TOLLING STATUE OF LIMITATION
35 Plaintiff herein realleges Paragraphs 1 through 34, inclusive, of this complaint.
36. While infringing plaintiff's work, defendants exercise dominion and control of their publications that contain plaintiff's music through retailers and give authorization of License to perform and use and copy their publications thus continuing the infringement.
37. The defendants multiple and derivative publications of plaintiff's work is being distributed and will not stop until some time in the far distant future. Even then, if defendants made reasonable effort to stop third party dealers and fourth party consumers and more specifically church congregations, it is doubtful that liability would cease thus continuing the infringement.
38. Plaintiff was ignorant of a claim against defendants and, since plaintiff's first discovery of any infringement of the defendants, plaintiff has had to make an unreasonably exhausted search to know the extent of the wrongdoing by the defendants and has had to scour every conceivable and reasonable resource to have knowledge of the defendants wrongful acts.
39. Indeed, it was only through great diligence on the part of the plaintiff, combined with fortuitous happenstance, that plaintiff was able to discover any facts at all. And, it is also due to fortuitous happenstance that plaintiff was still alive to discover, (31 years after the creation of "Before His Eyes"), defendants infringement, causing plaintiff to have to take action that he, nor anyone else, would have taken otherwise.
40. There are facts presented in this complaint making it unreasonable to require plaintiff to sue separately for each violation of wrongdoing by the defendants. It is unreasonable to expect the plaintiff to continue scouring the world for knowledge of the defentants wrongdoing when it is not fully known the extent of liability involved or if the wrongdoing will cease.
41. Defendants concealed the infringement by placing notice of the defendants on the publications that contain the infringing work. This concealment, coupled by the fact that the infringing work was concealed again by placing a second copyright notice by the defendants in their publications, compounded the plaintiff in first discovering the infringement and tolls the statue of limitations.
FIFTH CAUSE OF ACTION
UNAUTHORIZED LICENSE
42 Plaintiff herein realleges Paragraphs 1 through 41, inclusive, of this complaint.
43. Copyright protection does not extend to "Emmanuel" which employs plaintiff's music(§ 103 (a)), nor does it affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in plaintiff's material (§ 103 (b)).
44. Plaintiff has not authorized the defendants to reproduce in copies or in any form of publications; arrangements; to distribute copies or in any form of publications of his work to the public by sale or other transfer of ownership, or by rental, lease, or lending.; to perform his work publicly; and to display the work publicly (§ 106).
45. Plaintiff has not authorized the defendants to issue rights or issue license to performance of his work in the course of services at a place of worship or other religious assembly (§ 110 (3)).
46. Plaintiff has not authorized the defendants to issue rights or issue license to performance of his work in the public without payment of any fee or other compensation and notice of objection to any performances is contained within this complaint (§ 110 (4)).
47. Copyright protection and license does not afford defendants use of plaintiff's work in conjunction with automatic systems capable of storing, processing, retrieving, or transferring information, or in conjunction with any similar device, machin§ 117).
48. Plaintiff's work is protected and plaintiff holds the title to "Before His Eyes" and has initial ownership of the music used in the work "Emmanuel" ( § 201 (a)).
49. Defendants procured an unpublished composition entitled "Emmanuel," which was one of eleven choruses included in an unpublished work entitled Choruses From The Kings Temple 1976 Book 1 and is attached as Exhibit M. Plaintiff contends that this was a "Work Made For Hire" for a church, The Kings Temple, and for whom the work was made (§ 201 (b)).
50. The Office of Copyright records show The Kings Temple owns the copyright to the work entitled Choruses From The Kings Temple 1976 Book 1 and The Kings Temple gave no written agreement stating that any person connected to this work was assigned or permanently granted authorship of the work. ( § 201 (c)(d1), § 202, § 204 ).
51. The Church, The Kings Temple, is the author unless the parties had expressly agreed otherwise in a written instrument signed by them. There were no independent contractors connected to this work.
52. Plaintiff has never made a voluntary transfer of ownership to the defendant's and no action by any governmental body or other official or organization purporting to seize, expropriate, transfer, or exercise rights of ownership with respect to the copyright, or any exclusive rights to license is given (201 (d2)(e)).
53. Any agreement, any license or any attempt of transfer of ownership that was made by any defendant in "Emmanuel," does not convey any rights in the copyright work of the plaintiff ( § 202).
54. Defendants registration of claim to any copyrights to publications or transfer of assignment containing plaintiff's music are invalid and are not acceptable for registration (§ 410 (a)(b)(d)).
SIXTH CAUSE OF ACTION
THE SOUTHERN BAPTIST CONVENTION LIFEWAY CHRISTIAN RESOURCES dba LIFEWAY CHRISTIAN STORES, THE SUNDAY SCHOOL BOARD OF THE SOUTHERN BAPTIST CONVENTION, CONVENTION PRESS, BROADMAN & HOLMAN, BAPTIST BOOK STORES
55. Plaintiff herein realleges Paragraphs 1 through 54, inclusive, of this complaint.
56. Defendants in this action, are now, and at all times mentioned in this complaint, partners with their principal offices for business located at 127 Ninth Avenue North, Nashville, Tennessee 37234. The defendants publications are offered for sale to 15.8 million members in more than 40,000 churches in the United States, 5,000 other designated members in the United States, Canada, Guam and the Caribbean and more than 4,000 foreign designated members in 129 nations of the world. Although doing business in the State of Georgia, within this judicial district, all but first defendant, are not registered with the Secretary of the State of Georgia.
57. Defendants, with intent to copy plaintiff's musical work solely for financial gain and benefit, knowingly and willfully infringed plaintiff's copyright by publishing and placing on the market the hymn book, The Baptist Hymnal, which contains the song "Emmanuel." It is no coincidence that the music of the song "Emmanuel," as it appears in The Baptist Hymnal publication, is the music of the chorus of the song "Before His Eyes" as originally composed by plaintiff, Ronald G. Calhoun. By publishing, offering for sale twelve (12) different styles which are individually copyrighted, and selling The Baptist Hymnal, defendants have infringed, and are infringing, plaintiff's copyright within this judicial district and elsewhere throughout the United States and in the world without the consent of plaintiff and in complete disregard of plaintiff's rights.
58. Plaintiff further claims that defendants have infringed his musical work in the release of recordings, tapes, sound tracks and certain reproduction systems known as "Midi recordings" and "CD Computer Programs," and have used and promoted, and continue to use and promote, such systems solely or primarily to reproduce and to enable others to reproduce plaintiff's copyrighted music for the commercial profit of defendants and without any payment to or authorization by plaintiff.
59. Plaintiff has notified the defendants that defendants have infringed, and are infringing, the copyright of plaintiff. Even though defendants received that notice, defendants have continued, and still continue, to infringe plaintiff's copyright.
60. Plaintiff, in a certified letter to defendants dated April 4, 1997, requested a listing of all publications of the infringed property. Plaintiff in accordance with FRCP 34 now and again request the defendants expedite production of documents relative to publications, recordings, license issued and sales agreements relative to this action.
61. There is now existing between the parties hereto an actual, justiciable controversy in accordance with Judicial Code (28 USCS § 2201; FRCP § 18:183) which plaintiff is entitled to have a declaration of the rights and further relief, including a mandatory injunction, because of the facts, conditions and circumstances before and hereinafter set out.
SEVENTH CAUSE OF ACTION
THE UNITED METHODIST PUBLISHING HOUSE, COKESBURY PUBLISHING, ABINGDON PRESS, COKESBURY STORES
62. Plaintiff herein realleges Paragraphs 1 through 54, inclusive of this complaint.
63. Defendants in this action, are now, and at all times mentioned in this complaint, partners with their principal offices for business located at 201 Eighth Avenue South, Nashville, Tennessee 37202. The defendants publications were offered for sale and in excess of 4.5 million copies reported sold as of October 31, 1999 with worldwide distributors in Canada, New Zealand, Ghana, Singapore, Australia, UK, Ireland, Europe, Indonesia, Korea , Hong Kong, South Africa, Zimbabwe and India. Although doing business in the State of Georgia, within this judicial district, all but first defendant, are not registered with the Secretary of the State of Georgia.
64. Defendants, with intent to copy plaintiff's musical work solely for financial gain and benefit, knowingly and willfully infringed plaintiff's copyright by publishing and placing on the market the hymn book, The United Methodist Hymnal, which contains the song "Emmanuel." It is no coincidusic of the song "Emmanuel," as it appears in The United Methodist Hymnal publication, is the music of the chorus of the song "Before His Eyes" as originally composed by plaintiff, Ronald G. Calhoun. By publishing, offering for sale twelve (12) different styles which are individually copyrighted, and selling The United Methodist Hymnal, defendants have infringed, and are infringing, plaintiff's copyright within this judicial district and elsewhere throughout the United States and in the world without consent of plaintiff and in complete disregard of plaintiff's rights.
65. Defendants, with intent to copy plaintiff's musical work solely for financial gain and benefit, knowingly and willfully infringed plaintiff's copyright by publishing and placing on the market the hymnal compact disc, The United Methodist Hymnal Compact Disc Accompaniment, which contains the song "Emmanuel." It is no coincidence that the music of the song "Emmanuel," as it appears in The United Methodist Hymnal Compact Disc Accompaniment, is the music of the chorus of the song "Before His Eyes" as originally composed by plaintiff, Ronald G. Calhoun. By publishing, offering for sale this publication which is individually copyrighted, and selling The United Methodist Hymnal Compact Disc Accompaniment, defendants have infringed, and are infringing, plaintiff's copyright within this judicial district and elsewhere throughout the United States and in the world without the consent of plaintiff and in complete disregard of plaintiff's rights.
66. Defendants, with intent to copy plaintiff's musical work solely for financial gain and benefit, knowingly and willfully infringed plaintiff's copyright by publishing and placing on the market the hymnal orchestration set, The United Methodist Hymnal Orchestration Set, which contains the song "Emmanuel." It is no coincidence that the music of the song "Emmanuel," as it appears in The United Methodist Hymnal Orchestration Set publication, is the music of the chorus of the song "Before His Eyes" as originally composed by plaintiff, Ronald G. Calhoun. By publishing, offering for sale eight (8) different publications which are copyrighted, and selling The United Methodist Hymnal Orchestration Set, defendants have infringed, and are infringing, plaintiff's copyright within this judicial district and elsewhere throughout the United States and in the world without the consent of plaintiff and in complete disregard of plaintiff's rights.
67. Plaintiff further claims that defendants have infringed his musical work in the release of recordings, tapes, sound tracks and certain reproduction systems known as "Midi recordings" and "CD Computer Programs," and have used and promoted, and continue to use and promote, such systems solely or primarily to reproduce and to enable others to reproduce plaintiff's copyrighted music for the commercial profit of defendants and without any payment to or authorization by plaintiff.
68. Plaintiff has notified the defendants that defendants have infringed, and are infringing, the copyright of plaintiff. Even though defendants received that notice, defendants have continued, and still continue, to infringe plaintiff's copyright.
70. There is now existing between the parties hereto an actual, judiciable controversy in accordance with Judicial Code (28 USCS § 2201; FRCP § 18:183) which plaintiff is entitled to have a declaration of the rights and further relief, including a mandatory injunction, because of the facts, conditions and circumstances before and hereinafter set out.
EIGHTH CAUSE OF ACTION
CCLI (CHRISTIAN COPYRIGHT LICENSE INTERNATIONAL)
71. Plaintiff herein realleges Paragraphs 1 through 54, inclusive, of this complaint.
72. Defendant in this action, is now, and at all times mentioned in this complaint, with offices for business located at 17201 N. E. Sacramento Street, Portland, Oregon 97230. The defendant's contract their License to more than 140,000 churches worldwide, charging a monthly fee to those churches, giving authorization to rent, sell, lend, or distribute copies made under each Church Copyright License and to groups outside the church or to other churches. The defendant's License authorizes to assign or transfer the Church Copyright License to any other church or group. The License authorizes photocopy or duplicate octavos, cantatas, musicals, handbell music, keyboard arrangements, vocal scores, orchestrations or other instrumental works. Although doing business in the State of Georgia, within this judicial district, defendant, is not registered with the Secretary of the State of Georgia.
73. Defendant, with intent to License to copy and publish plaintiff's musical work solely for financial gain and benefit by charging churches a yearly fee, knowingly and willfully infringed plaintiff's copyright by authorizing the publishing and placing on the market hymn books, chorus books, recordings, tapes, sound tracks, "Midi recordings", "CD Computer Programs," and single sheet copying of the song "Emmanuel." It is no coincidence that the music of the song "Emmanuel," as it appears from the License and publications, is the music of the chorus of the song "Before His Eyes" as originally composed by plaintiff, Ronald G. Calhoun. By authorizing, issuing Licenses to churches, individuals, publishers, offering for sale, and selling such a License, defendants have infringed, and are infringing, plaintiff's copyright within this judicial district and elsewhere throughout the United States and in parts of the world without the consent of plaintiff and in complete disregard of plaintiff's rights.
74. Plaintiff further claims that defendant has infringed his musical work in the release of License to certain reproduction systems known as "Midi recordings" and "CD Computer Programs," and continue to License such systems solely or primarily to reproduce and to enable others to reproduce plaintiff's copyrighted music for the commercial profit of defendant and without any payment to or authorization by plaintiff.
75. Plaintiff in accordance with FRCP 34 now request the defendant expedite production of documents relative to any License to publish, copy, record, tape, perform, "Midi recordings" and "CD Computer Programs," that were issued since 1983 and sales agreements relative to this action.
76. There is now existing between the parties hereto an actual justiciable controversy in accordance with Judicial Code (28 USCS § 2201; FRCP § 18:183) which plaintiff is entitled to have a declaration of the rights and further relief, including a mandatory injunction, because of the facts, conditions and circumstances before and hereinafter set out.
TENTH CAUSE OF ACTION
WORD MUSIC, NELSON/WORD MINISTRY SERVICES, MARANATHA MUSIC, INTEGRITY MUSIC, INTEGRITY CHURCH SERVICES
77. Plaintiff herein realleges Paragraphs 1 through 54, inclusive, of this complaint.
78. Defendants in this action, are now, and at all times mentioned in this complaint, partners with their principal offices for business located at 3319 West End Avenue, Suite 200, Nashville, Tennessee 37203. The defendants publications are offered for sale through five-hundred and thirty-eight Authorized Hymnal Dealers in the United States in 49 states. Although doing business in the State of Georgia, within this judicial district, all other defendants but INTEGRITY MUSIC, are not registered with the Secretary of the State.
79. Defendants, with intent to copy plaintiff's musical work solely for financial gain and benefit, knowingly and willfully infringed plaintiff's copyright by publishing and placing on the market the hymn book, The Hymnal for Worship & Celebration which contains the song "Emmanuel." It is no coincidence that the music of the song "Emmanuel," as it appears in The Hymnal for Worship & Celebration publication, is the music of the chorus of the song "Before His Eyes" as originally composed by plaintiff Ronald G. Calhoun. By publishing, offering for sale this publication which is individually copyrighted, and selling The Hymnal for Worship & Celebration, defendants have infringed, and are infringing, plaintiff's copyright within this judicial district and elsewhere throughout the United States and in parts of the world without the consent of plaintiff and in complete disregard of plaintiff's rights.
80. Defendants, with intent to copy plaintiff's musical work solely for financial gain and benefit, knowingly and willfully infringed plaintiff's copyright by publishing and placing on the market the hymn book, The Celebration Hymnal which contains the song "Emmanuel." It is no coincidence that the music of the song "Emmanuel," as it appears in The Celebration Hymnal publication, is the music of the chorus of the song "Before His Eyes" as originally composed by plaintiff, Ronald G. Calhoun. By publishing, offering for sale 11 different styles which are individually copyrighted, and selling The Celebration Hymnal, defendants have infringed, and are infringing, plaintiff's copyright within this judicial district and elsewhere throughout the United States and in parts of the world without the consent of plaintiff and in complete disregard of plaintiff's rights.
81. Defendants, with intent to copy plaintiff's musical work solely for financial gain and benefit, knowingly and willfully infringed plaintiff's copyright by publishing and placing on the market the hymn book, The Instrumental Edition of The Celebration Hymnal which contains the song "Emmanuel." It is no coincidence that the music of the song "Emmanuel," as it appears in The Instrumental Edition of The Celebration Hymnal publication, is the music of the chorus of the song "Before His Eyes" as originally composed by plaintiff, Ronald G. Calhoun. By publishing, offering for sale eighteen (18) different instrument editions and conductor score which are individually copyrighted, and selling The Instrumental Edition of The Celebration Hymnal, defendants have infringed, and are infringing, plaintiff's copyright within this judicial district and elsewhere throughout the United States and in parts of the world without the consent of plaintiff and in complete disregard of plaintiff's rights.
82. Plaintiff further claims that defendants have infringed his musical work in the release of certain reproduction systems known as "Midi recordings" and "CD Computer Programs," and have used and promoted, and continue to use and promote, such systems solely or primarily to reproduce and to enable others to reproduce plaintiff's copyrighted music for the commercial profit of defendants and without any payment to or authorization by plaintiff.
83. Plaintiff has notified the defendants that defendants have infringed, and are infringing, the copyright of plaintiff. Even though defendants received that notice, defendants have continued, and still continue, to infringe plaintiff's copyright.
84. Plaintiff, in a certified letter to defendants dated April 4, 1997, requested a listing of all publications of the infringed property. Plaintiff in accordance with FRCP 34 now and again request the defendants expedite production of documents relative to publications, recordings, license issued and sales agreements relative to this action.
85. There is now existing between the parties hereto an actual, justiciable controversy in accordance with Judicial Code (28 USCS § 2201; FRCP § 18:183) which plaintiff is entitled to have a declaration of the rights and further relief, including a mandatory injunction, because of the facts, conditions and circumstances before and hereinafter set out.
FIFTEENTH CAUSE OF ACTION
MUSIC SERVICES
86. Plaintiff herein realleges Paragraphs 1 through 54, inclusive, of this complaint.
87. Defendant, is now, and at all times mentioned in this complaint, a Licensing Service with their principal offices for business located at 209 Chapelwood Drive, Franklin, Tennessee 37069. As best can be determined beginning at some time in the 1980's, the defendant's License have been issued to some defendants in this case and in the Case CV499-159 now before this court. The defendant's License gives authorization to print and publish and to sell the publications in the world for payment of royalties. Although doing business in the State of Georgia, within this jt, defendant, is not registered with the Secretary of the State of Georgia.
88. Defendant, with intent to copy plaintiff's musical work solely for financial gain and benefit, knowingly and willfully infringed plaintiff's copyright by Licensing to publish and placing on the market the publications which contain the song "Emmanuel." It is no coincidence that the music of the song "Emmanuel," as it appears from the License and publications, is the music of the chorus of the song "Before His Eyes" as originally composed by plaintiff, Ronald G. Calhoun. By Licensing to offer for sale, and selling the publications, the defendant has infringed, and is infringing, plaintiff's copyright within this judicial district and elsewhere throughout the United States and in parts of the world without the consent of plaintiff and in complete disregard of plaintiff's rights.
89. Plaintiff further claims that defendant has infringed his musical work in the release of License to certain reproduction systems known as "Midi recordings" and ograms," and continue to License such systems solely or primarily to reproduce and to enable others to reproduce plaintiff's copyrighted music for the commercial profit of defendant and without any payment to or authorization by plaintiff.
90. Plaintiff in accordance with FRCP 34 now request the defendant expedite production of documents relative to any License to publish, copy, record, tape, perform, "Midi recordings" and "CD Computer Programs," that were issued since 1983 and sales agreements relative to this action.
91. There is now existing between the parties hereto an actual, justiciable controversy in accordance with Judicial Code (28 USCS § 2201; FRCP § 18:183) which plaintiff is entitled to have a declaration of the rights and further relief, including a mandatory injunction, because of the facts, conditions and circumstances before and hereinafter set out.
SIXTEENTH CAUSE OF ACTION
C. A. MUSIC aka CHRISTIAN ARTIST MUSIC
92. Plaintiff herein realleges Paragraphs 1 through 54, inclusive, of this complaint.
93. Defendant, is now, and at all times mentioned in this complaint, a publisher with their principal offices for business located at 209 Chapelwood Drive, Franklin, Tennessee 37069. The defendant C.A. MUSIC is a third-party defendant in Case number CV499-159 before this court relative to this action. Defendant C.A. MUSIC pursued the work "Emmanuel" from The Kings Temple's unpublished work entitled Choruses From The Kings Temple 1976 Book 1 and C.A. MUSIC now claims copyright to "Emmanuel." As best can be determined, beginning in 1984, the defendant's License has been issued to the known defendants in this case and in the Case CV499-159 before this court. The defendant's License gives authorization to print and publish and to sell the publications in the world for payment of royalties. Although doing business in the State of Georgia, within this judicial district, defendant, is not registered with the Secretary of the State of Georgia.
94. Defendant, with intent to copy plaintiff's musical work solely for financial gain and benefit, knowingly and willfully infringed plaintiff's copyright, caused, permitted and materially contributed to printing, publishing, licensing and placing on the market the publications which contain the song "Emmanuel." It is no coincidence that the music of the song "Emmanuel," as it appears from the License and publications, is the music of the ong "Before His Eyes" as originally composed by plaintiff, Ronald G. Calhoun. By causing, permitting and materially contributing to publishing, offering for sale, and selling the publications, the defendant has infringed, and is infringing, plaintiff's copyright within this judicial district and elsewhere throughout the United States and in parts of the world without the consent of plaintiff and in complete disregard of plaintiff's rights.
95. Plaintiff further claims that defendant has infringed his musical work and caused, permitted and materially contributed to publishing and licensing in the release of certain reproduction systems known as "Midi recordings" and "CD Computer Programs," and continue to cause, permit and materially contribute to publishing and licensing such systems solely or primarily to reproduce and to enable others to reproduce plaintiff's copyrighted music for the commercial profit of defendants and without any payment to or authorization by plaintiff.
96. Plaintiff in accordance with FRCP 34 request the defendant expedite production of documents relative to publications, recordings, licenses issued and sales agreements relative to this action.
97. C.A. MUSIC claims copyright in an unpublished work entitled "Emmanuel" which first appeared in a collection entitled Choruses From The Kings Temple 1976 Book 1. Defendant further claims copyright to arrangements used in the publications mentioned in this complaint but has never filed with the Office of Copyright any registration for those published arrangements of "Emmanuel."
98. Any registration of claim to any copyrights to publications or transfer of assignment containing plaintiff's music are invalid and are not acceptable for registration (§ 410 (a)(b)(d)).
99. There is now existing between the parties hereto an actual, justiciable controversy in accordance with Judicial Code (28 USCS § 2201; FRCP § 18:183) which plaintiff is entitled to have a declaration of the rights and further relief, including a mandatory injunction, because of the facts, conditions and circumstances before and hereinafter set out.
SEVENTEENTH CAUSE OF ACTION
CAM FLORIA
100. Plaintiff herein realleges Paragraphs 1 through 54, inclusive, of this complaint.
101. Defendant, CAM FLORIA is now, and at all times mentioned in this complaint, founder and owner of C.A. Music with his principal address located at 2221 Kapili Road, #54, Koloa, Hawaii 96756. The defendant, CAM FLORIA made the initial contact about The Kings Temple chorus book entitled Choruses From The Kings Temple 1976 Book1 and administered the contract for his company, C.A. MUSIC that signed the work "Emmanuel" from that chorus book. As best can be determined, beginning in 1984, the defendant's Print Agreements and License have been issued to the known defendants in this case and in the Case CV499-159 before this court. The defendant gives authorization to print and publish and to sell the publications in the world for payment of royalties. As a direct cause and result of defendant's actions, business is being done in the State of Georgia, within this judicial district, that is not registered with the Secretary of the State of Georgia.
102. Defendant, CAM FLORIA, with intent to copy plaintiff's musical work solely for financial gain and benefit, knowingly and willfully infringed plaintiff's copyright, caused, permitted and materially contributed to publish, license and place on the market the publications which contain the song "Emmanuel." It is no coincidence that the music of the song "Emmanuel," as it appears from the publishing and licensing of those publications, is the music of the chorus of the song "Before His Eyes" as originally composed by plaintiff, Ronald G. Calhoun. By causing, permitting and materially contributing to publishing, offering for sale, and selling the publications, the defendant has infringed, and is infringing, plaintiff's copyright within this judicial district and elsewhere throughout the United States and in parts of the world without the consent of plaintiff and in complete disregard of plaintiff's rights.
103. Any registration of claim to any copyrights to publications or transfer of assignment containing plaintiff's music are invalid and are not acceptable for registration (§ 410 (a)(b)(d)).
104. Plaintiff, in accordance with FRCP 34, requests the defendant expedite production of documents relative to publications, recordings, licenses issued and sales agreements relative to this action.
105. There is now existing between the parties hereto an actual, justiciable controversy in accordance with Judicial Code (28 USCS § 2201; FRCP § 18:183) which plaintiff is entitled to have a declaration of the rights and further relief, including a mandatory injunction, because of the facts, conditions and circumstances before and hereinafter set out.
EIGHTEENTH CAUSE OF ACTION
JEFFREY BUCHAN, BOB McGEE
106. Plaintiff herein realleges Paragraphs 1 through 54, inclusive, of this complaint.
107. Defendants, JEFFREY BUCHAN and BOB McGEE are now, and at all times mentioned in this complaint, two of six parties in a chorus book entitled Choruses From The Kings Temple 1976 Book 1 that included the chorus "Emmanuel." It appears that Jeffrey Buchan, pianist for The Kings Temple Church, registered the chorus book in the Office of Copyright. This registration shows the work was made for The Kings Temple. Jeffrey Buchan, without written authorization, later issued a transfer of the work "Emmanuel" to C.A. Music in 1983. Bob McGee, without written authorization, signed a songwriters contract with C.A. Music as the author to the chorus "Emmanuel." The defendant JEFFREY BUCHAN is located at 324 - 31st East, Seattle, Washington 98144. The defendant BOB McGEE is located at 22008 Brier Road, Brier, Washington 98036.
108. Defendants, JEFFREY BUCHAN and BOB McGEE, with intent to copy plaintiff's musical work solely for financial gain and benefit, knowingly and willfully infringed plaintiff's copyright, caused, permitted and materially contributed to issuing a transfer of assignment and signed a songwriters contract to publish, license and place on the market publications which contain the song "Emmanuel." It is no coincidence that the music of the song "Emmanuel," as it appears in the hymnal publication, is the music of the chorus of the song "Before His Eyes" as originally composed by plaintiff, Ronald G. Calhoun. By issuing an unauthorized transfer of assignment and signing a songwriters contract to publish, offer for sale, and publications being sold, defendants have infringed, and are infringing, plaintiff's copyright within this judicial district and elsewhere throughout the United States and in parts of the world without the consent of plaintiff and in complete disregard of plaintiff's rights.
109. Plaintiff again claims that JEFFREY BUCHAN had no written agreement from The Kings Temple to issue a transfer of assignment of any work embodied in the chorus book entitled Choruses From The Kings Temple 1976 Book 1.
110. Plaintiff believes that JEFFREY BUCHAN and BOB McGEE were parties to this chorus book that included plaintiff's music as a "Work Made For Hire" and they did this work for The Kings Temple. The Kings Temple is shown as the copyright claimant to the chorus book entitled Choruses From The Kings Temple 1976 Book 1 which includes "Emmanuel."
111. Plaintiff again claims that The Kings Temple was a church in the State of Washington; JEFFREY BUCHAN, pianist for the church, registered with the Office of Copyright the chorus book that included plaintiff's music; The Kings Temple Church gave no written agreement or authorization to JEFFREY BUCHAN or BOB McGEE to sign, transfer or enter into any legal contract for "Emmanuel."
112. Any registration of claim to any copyrights to publications or transfer of assignment containing plaintiff's music are invalid and are not acceptable for registration (§ 410 (a)(b)(d)).
113. Plaintiff believes that in a church service in 1976, BOB McGEE sang a chorus and put his words to plaintiff's music. That chorus became known as "Emmanuel." JEFFREY BUCHAN accompanied BOB McGEE and at some point in time wrote down the notes to the chorus. This practice of singing choruses began in the early 1970's in some churches. Unauthorized in 1974, Bill Gaither misappropriated the music of "Edelweiss" (from the Sound of Music) in a work he called "Jesus, We Just Want To Thank You," which he put with religious words and copyrighted. It was published unauthorized in 1977 by John T. Benson Publishing Company and still is in use today.
114. The defendants have been notified that they have infringed, and are infringing, the copyright of plaintiff. Even though defendants received that notice, defendants have contiued, and still continue, to infringe plaintiff's copyright by receiving royalties and payment..
115. Plaintiff in accordance with FRCP 34 request the defendants expedite production of documents relative, as stated in this CAUSE OF ACTION, to any written agreement or authorization to transfer assignment in any works embodied in Choruses From The Kings Temple 1976 Book1 resulting in publications, recordings, licenses issued and sales agreements relative to this action.
116. There is now existing between the parties hereto an actual, justiciable controversy in accordance with Judicial Code (28 USCS § 2201; FRCP § 18:183) which plaintiff is entitled to have a declaration of the rights and further relief, because of the facts, conditions and circumstances before and hereinafter set out.
NINETEENTH CAUSE OF ACTION
WORK MADE FOR HIRE
117. Plaintiff herein realleges Paragraphs 1 through 116, inclusive, of the complaint.
118. Defendants pursued a chorus with plaintiff's music from a chorus book entitled Choruses From The Kings Temple 1976 Book 1, an unpublished work of eleven choruses and six contributors in a "Work Made For Hire" for The Kings Temple Church whose location is of record at the Office of Copyright as being 21701 - 58th Avenue West, Mountlake Terrace, WA 98043. The chorus book containing plaintiff's music is attached as Exhibit M.
119. JEFFREY BUCHAN was the pianist for The Kings Temple congregation and as part of his work for the church made copyrights in the church's name.
120. BOB McGEE worked for the church as a minister and put religious words to plaintiff's music that was included in the church's chorus book.
121. The chorus book was not done for those who contributed to the work but rather the church was it's author and for whom the work was made.
122. The church's equipment was used; it was produced in the church; the work took place in the church; JEFFREY BUCHAN and BOB McGEE worked for the church; and, the church was the owner of the chorus book.
123. The Kings Temple is the author of the chorus book, not JEFFREY BUCHAN or BOB McGEE, unless the parties had expressly agreed otherwise in a written instrument signed by them. The Kings Temple issued no such instrument and JEFFREY BUCHAN and BOB McGEE have no rights to the church's chorus book or any of it's contents without such an agreement.
124. The church gave JEFFREY BUCHAN no written agreement stating that he assign or permanently grant to BOB McGEE or C.A. MUSIC any rights in plaintiff's music or any other works in the chorus book.
125. No defendant researched the Office of Copyright claims of ownership to "Emmanuel" and if they had done so, then plaintiff believes this infringement would never have happened.
126. The plaintiff claims that the series of events following BOB McGEE being contacted by CAM FLORIA concerning the chorus "Emmanuel," resulted in illegal actions taking place that included JEFFREY BUCHAN. It was obvious, and should have been obvious to all of the defendants, that the church was the owner of the chorus book. However, the defendants took advantage of the church and made no contact with the church. Defendants should be held liable for fraud and deceit in obtaining plaintiff's music unauthorized by plaintiff or the church who happen to use plaintiff's music in their services.
TWENTIETH CAUSE OF ACTION
FRAUD AND DECEIT
127. Plaintiff herein realleges Paragraphs 1 through 126, inclusive, of the complaint.
128. Defendants create "moral turpitude" by their negligent actions and violation of the copyright code 17 USC §§ 101 and 28 USCA; Lanham Trade-Mark Act and its detrimental effect upon public interest and public confidence.
129. Defendants had reasonable accessibility to plaintiff's published work.
130. Defendants derived benefits from the use of plaintiff's property and have advanced their own interest because of the use of plaintiff's property.
131. It is no mistake or unintentional or innocent that no defendants researched the Office of Copyright records at any time concerning C.A. MUSIC's claim to copyright.
132. It is no mistake or unintentional or innocent that defendants took advantage and misappropriated their rights to The Kings Temple unpublished chorus book entitled Choruses From The Kings Temple 1976 Book 1 that included the work entitled "Emmanuel."
133. It is no mistake or unintentional or innocent that defendants went beyond what was legal to publish plaintiff's music. It is also no mistake or unintentional or innocent that defendants were unauthorized by the plaintiff and unauthorized by The Kings Temple. It is obvious this chorus book was used only in The Kings Temple Services of worship.
134. The defendants had every opportunity to verify in every detail, as stated in this complaint, the events that occurred from 1976 to the time plaintiff filed this complaint and refuse to enter into any contract or license concerning plaintiff's music.
135. It is no mistake or unintentional or innocent that defendants used plaintiff's music in their publications for liturgical benefit and commercial value.
136. It is no mistake or unintentional or innocent that defendants used plaintiff's music for a fiduciary relationship between other parties to plaintiff's damage.
137. The defendants were negligent, as credible publishers and professionals in the music business, for: not contacting The Kings Temple; not researching the Office of Copyright; not consulting a copyright attorney for review of the records regarding "Emmanuel"; not verifying any written agreement showing that the chorus book was not a "Work Made For Hire"; and not verifying written authorization from The Kings Temple that was given to JEFFREY BUCHAN. If they had done so, then certainly they would have had questions that would have resulted in deterring the problem that followed.
138. The defendants should have known that this may have certainly been a "Work Made For Hire" but rather ignored the church and its congregation as being the copyright claimant of their unpublished chorus book and pursued onward without any regard, consideration or forethought except for financial benefit to plaintiff's damage.
139. Defendants representation of the song "Emmanuel" was recklessly made and was made with intent to deceive and thus induced the plaintiff to act upon it to plaintiff's injury and damage.
140. Plaintiff, in accordance with FRCP 16 and FRCP 28(f), requests the court to consider the scope and timing and presumptive limits in regards to interrogatory or production of documents relative to this action.
141. Plaintiff's occupation as a religious writer has been damaged. The defendants' actions have induced the plaintiff to do something he would have never done and loss to plaintiff for past, present and future is sustained and appropriate damages should be awarded. It is most fortunate that plaintiff is still alive to have found out about this infringing act.
142. Defendants had a legal duty to communicate, show an effort to help resolve plaintiff's claim and prevent further injury to plaintiff but defendants chose to ignore any effort to resolve this matter without the courts intervention. Defendants perpetration continued by acts of silence, disregard to the rights and feelings of plaintiff to plaintiff's damage.
TWENTIETH CAUSE OF ACTION
DAMAGES
143. Plaintiff herein realleges Paragraphs 1 through 142, inclusive, of the complaint.
144. There are remedies for infringement and plaintiff's suit is broad and requires consideration of several issues: 1) Tolling the statue; 2) Awarding damages to assure this will never happen again; 3) Awarding damages to plaintiff for pain and suffering in that plaintiff has had to do something that was against his religious belief; 4)Awarding damages for pain and suffering to plaintiff's family in his having to spend a number of years in defense of his work; 5) Awarding damages done to plaintiff's career as a religious song writer; 6) Awarding damages done to plaintiff in pursuit of work as a church employee in what would be learned through his resume`, references, and knowledge that he sued these religious publishers; 7) Awarding damages for cost to defend this case; and 8) Awarding other damages as allowed by the court.
145. The unauthoriing use by the defendants of the music of "Before His Eyes" will, unless enjoined, cause further irreparable harm, damage and injury to plaintiff beyond what has already been caused, in that plaintiff's reputation has been permanently scared and damaged and that plaintiff has lost historical credit as a result of the failure of defendants to properly credit plaintiff, Ronald G. Calhoun, as the composer and owner of the music (§ 502, § 503).
146. Furthermore, the infringing use by the defendants of the music of "Before His Eyes" will, unless enjoined, cause irreparable harm, damage and injury to plaintiff beyond what has already been caused, in that plaintiff's credibility, work references, ability to pursue his normal occupation and loss of business as a religious music composer has been damaged as a result of the actions of the defendants (§ 502, § 503).
147. Plaintiff has been, and will continue to be forever, irreparably harmed, damaged and injured as a result of the defendants infringements of plaintiff's copyright. In addition, defendants have unlawfully and wrongfully derived, and will continue forever to derive, income and profits and benefit from their infringing acts.
148. It is not an unreasonable demand of credible publishers to conduct extensive research and make reasonable effort to make contact with churches that produce music in a written format and assure that such works are not a "Work Made For Hire." If this had been done, then plaintiff believes that this action would have never taken place.
149. Defendants failed to provide research and precaution concerning the use of plaintiff's copyrighted work and thereby caused, permitted and materially contributed to the publication, distribution and/or sale in the United States and in the world of hymn books and other publications containing plaintiff's music.
150. The plaintiff was forced to resign his full-time job working in the United Methodist Church after seeking comparison of the two compositions from a music director in the United Methodist Church. He informed the pastor that plaintiff was to bring suit against The United Methodist Hymnal. The way it was handled came as a complete surprise and intended to harm the plaintiff. This eventually, unknown to the plaintiff, got to the Staff Parish Committee of the church. Two members of the committee met privately with the plaintiff and demanded a written resignation or be fired. The action taken by the Staff Parish Committee was abrupt after the plaintiff was responsible for outstanding growth and attendance in youth programs, without warning, without permission to discuss the matter with the Staff Parish Committee and caused great financial harm to plaintiff and his family causing him to have to accept part-time work. Plaintiff had done exemplary work as Youth Director and Youth Choir Director.
151. Defendants creation of likelihood of confusion has adversely affected plaintiff's ability to control his reputation within the religious community and damaged plaintiff's credibility causing handicap and harm to the plaintiff to plaintiff's damage.
152. As previously stated and as is the case with plaintiff's music, plaintiff believes that in a church service in 1976, BOB McGEE sang a chorus and put his words to plaintiff's music. This practice of singing choruses began in the early 1970's in some churches. Unauthorized in 1974, Bill Gaither misappropriated the music of "Edelweiss" (from the Sound of Music) in a work he called "Jesus, We Just Want To Thank You," which he put with religious words and copyrighted. It also was published unauthorized in 1977 by John T. Benson Publishing Company, compiled by Don Marsh and W. Elmo Mercer, and still is in use today.
153. Since the date of first publication, plaintiff has complied with all pertinent provisions of the Federal Copyright Act and all other laws governing copyright with respect to the music of the song "Before His Eyes." Great and irreparable harm, damage and injury will result to plaintiff unless all wrongful and illegal acts of defendants are immediately enjoined.
WHEREFORE, plaintiff request judgment against the defendants for:
1. A preliminary injunction enjoining the defendants and their partners, agents, servants and employees from infringing in any manner the copyright of plaintiff in the music of the song "Emmanuel" and from performing, publishing, producing, selling, marketing or otherwise disposing of any copies of the music of the song "Emmanuel" or of the hymn books, all other publications, Midi recordings and CD Computer Programs.
2. A permanent injunction enjoining the defendants and their partners, agents, servants and employees from infringing in any manner the copyright of plaintiff in the music of the song "Emmanuel" and from performing, publishing, producing, selling, marketing or otherwise disposing of any copies of the music of the song "Emmanuel" or of the hymn books and all other publications of the defendants that include the song "Emmanuel."
3. An accounting for, and payment to the plaintiff of, all of the following sums:
a. All gains, profits and advantagesendants as a result of their unfair trade practices and unfair competition,
and
b. All gains, profits and advantages derived by defendants as a result of their deceptive trade practices,
and
c. All gains, profits and advantages derived by defendants as a result of their infringement of plaintiff's copyright.
4. Damages as to the court shall appear proper and within the provisions of the copyright statutes, but not less than the sum of $500.
5. As a direct and proximate result of the carelessness, recklessness, and negligence of defendants, and of the injury conveyed upon the plaintiff as alleged above, plaintiff was, and will in the future be, handicapped, limited and prevented from benefits and profits in following his usual occupation or business. The sum of earnings may vary based on the number of publications but the music industry recognizes a 12.5% royalty for each publication and 7.6 cents per copy mechanical royalty. Plaintiff's earning capacity has been perman all to plaintiff's damage in the sum of $1,000,000.00.
6. In doing the things alleged, defendants acted maliciously and was guilty of a wanton disregard of the rights and feelings of plaintiff. Accordingly, plaintiff demands exemplary or punitive damages against defendants in the sum of $6,000,000.00.
7. In doing the things alleged, defendants be required to make reasonable notice to the public through their company newsrelease, newsletters and mailouts that Ronald G. Calhoun is the author of the music to the millions of publications that cannot be retrieved of the work entitled "Emmanuel."
8. The delivery by defendants, their partners, agents, servants and employees and all holding with, through, or under them, or anyone acting on their behalf, to be impounded during the pendency of this action, of all articles alleged to infringe the copyright of plaintiff in the music of the song entitled "Emmanuel."
9. The delivery by defendants, their partners, agents, servants and employees and all holding with, through, or anyone acting on their behalf, for destruction following a final decision in this action, of all infringing copies or devices, as well as all plates, molds, matrices, magnetic tapes and other means for making infringing copies or devices.
10. Reasonable cost of defending this case.
11. Loss of work, income and time to represent this case.
12. The cost of this action.
13. Such other and further relief as the court deems proper.
14. A trial by jury on the legal issues as preserved by FRCP 38.
Dated: March 30, 2000
Ronald G. Calhoun, pro se
P.O. Box 2674
Tybee Island, Georgia 31328