This case was last updated from PACER on 09/28/2021 at 05:36:18 (UTC).

Wright v. DJ International Records/Pop Star Publishing et al

Case Summary

On September 24, 2021, Kenneth Wright (“Plaintiff”), filed an intellectual property lawsuit against DJ International Records/Pop Star Publishing, London Records/FFRR, Bolloré SE, Vivendi SE, The Seagram Company Ltd., Warner Bros., Harmless Records, Polydor Japan, Virgin EMI, Demon Music, Peermusic, SoundExchange, Spotify, BMI and Universal Music Group (collectively, “Defendants”). Plaintiff filed suit seeking damages, costs, expenses, and other relief for copyright infringement and misappropriation of stolen pre-tax income from the publishing rights of the song with definite violations of non-reporting of royalties to the federal government. This case was filed in the United States District Court in the Northern District of Illinois with Judge Franklin U. Valderrama presiding.

 

In the complaint, Plaintiff alleged that, “Mr. Kenneth Anthony Wright (whose pseudonym is ROMANCE) wrote, composed, arranged, produced, and performed, the distinctive ‘sound recording’ song titled “All Dis Music”. He is also the only holder of an October 14th, 1986 © Copyright on this song. The defunct Chicago record company 'DJ International'TM (now listed as a subsidiary of Universal Music Group) before its longtime owners 'Alexander Alcarese' aka 'Rocky Jones' and Accountant Lauren Alcarese ceased doing business in 2019, illegally conveyed authority over the sale, manufacture and distribution of a ‘test pressing’ for 'All Dis Music' without sharing any knowledge of this to Mr. Kenneth Anthony Wright.”

 

Plaintiff also alleged that, “This legal filing involves much more than a claim for royalties. It involves the misappropriation of stolen pre-tax income from the publishing rights of the above-named song with definite violations of non-reporting of royalties to the federal government.”

 

Plaintiff further alleged that, “Defendants’ deceptive acts or practices have proximately caused Plaintiffs’ actual damages in an amount to be determined at trial but believed to be greater than $975,000,000 (Nine-Hundred, Seventy-Five Million Dollars). In addition to his actual damages, Plaintiff is entitled under the statute to reasonable Legal fees and costs.”

 

There are eight claims for relief laid down by Plaintiff. The first claim is for a declaratory judgment finding that all Defendants allegedly committed fraud on the Copyright Office. The second claim against all Defendants is for alleged willful direct copyright infringement of the compositions. The third claim against all Defendants is for alleged contributory copyright infringement. The fourth claim by Wright against all Defendants is for alleged breach of contract. The fifth claim against all Defendants is for alleged breach of the warranty of good faith and fair dealing. The sixth, seventh, and eighth claims against all Defendants are for alleged unjust enrichment, constructive trust, and violations of the Illinois Consumer Fraud Act, respectively.

 

In the prayer for relief, Plaintiff has requested the court to pass an order for declaratory relief, damages pursuant to 17 U.S.C. §504(b) and (c), and damages for the material breach of contract in an amount to be proved at trial, but not less than $1,000,000. Plaintiff also requested  compensatory damages for the breach of the implied warranty of good faith and fair dealing in an amount to be proved at trial, but not less than $975,000,000. Plaintiff also requested imposing a constructive trust in an amount to be proved at trial, but not less than $975,000,000. Plaintiff further requested judgment that Defendants’ conduct violates the Illinois Consumer Fraud Act and entering such further relief as this court deems just and appropriate, as well as Plaintiffs’ costs, including attorney’s fees, pursuant to 17 U.S.C. §505 and interest on its damages at the legal rate.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-05085

  • Filing Date:

    09/27/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Copyright

Judge Details

Presiding Judge

Franklin U. Valderrama

 

Party Details

Plaintiff

Kenneth Wright

Long Beach, CA 90802

Defendants

DJ International Records/Pop Star Publishing

London Records/FFRR

Bollore` SE

Vivendi SE

The Seagram Company Ltd.

Warner Bros.

Harmless Records

Polydor Japan

Virgin EMI

Demon Music

Peermusic

SoundExchange

Spotify

BMI and Universal Music Group

John Does 1-10

 

Court Documents

#5

(#5) MAILED copyright report to Registrar, Washington DC (mp, ) (Entered: 09/27/2021)

#4

(#4) APPLICATION by Plaintiff Kenneth Wright for leave to proceed in forma pauperis (mp, ) (Entered: 09/27/2021)

#3

(#3) PRO SE Appearance by Plaintiff Kenneth Wright (mp, ) (Entered: 09/27/2021)

#2

(#2) CIVIL Cover Sheet (mp, ) Docket text modified by Clerk's office on 9/27/2021 (mp, ). (Entered: 09/27/2021)

#1

(#1) RECEIVED Complaint and 1 copy by Kenneth Wright; Jury Demand. (mp, ) Docket text modified by Clerk's office on 9/27/2021 (mp, ). (Entered: 09/27/2021)

 

Docket Entries

  • 09/27/2021
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  • Docket(#5) MAILED copyright report to Registrar, Washington DC (mp, ) (Entered: 09/27/2021)

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  • 09/24/2021
  • DocketCASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (mp, ) (Entered: 09/27/2021)

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  • 09/24/2021
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  • Docket(#4) APPLICATION by Plaintiff Kenneth Wright for leave to proceed in forma pauperis (mp, ) (Entered: 09/27/2021)

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  • 09/24/2021
  • View Court Documents
  • Docket(#3) PRO SE Appearance by Plaintiff Kenneth Wright (mp, ) (Entered: 09/27/2021)

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  • 09/24/2021
  • View Court Documents
  • Docket(#2) CIVIL Cover Sheet (mp, ) Docket text modified by Clerk's office on 9/27/2021 (mp, ). (Entered: 09/27/2021)

    Read MoreRead Less
  • 09/24/2021
  • View Court Documents
  • Docket(#1) RECEIVED Complaint and 1 copy by Kenneth Wright; Jury Demand. (mp, ) Docket text modified by Clerk's office on 9/27/2021 (mp, ). (Entered: 09/27/2021)

    Read MoreRead Less
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