FILED: NEW YORK COUNTY CLERK 12/23/2013 INDEX NO /2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2013

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1 FILED: NEW YORK COUNTY CLERK 12/23/2013 INDEX NO /2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X RICKY SPICER, Plaintiff, Index No.: SUMMONS -against- ROC-A-FELLA RECORDS, INC., UNIVERSAL MUSIC GROUP, INC., ISLAND DEF JAM MUSIC GROUP, RHINO ENTERTAINMENT COMPANY d/b/a RHINO RECORDS and KANYE OMARI WEST, Defendants X TO: THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer, or, if the Complaint is not served with this Summons, to serve a notice of appearance, on the plaintiff s attorney within 20 days after service of this Summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or within 30 days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. The basis of the venue is the Defendants principal places of business and the location in which this cause of action arose. Dated: New York, New York December 23, 2013 Brittany Weiner, Esq. Vincent Imbesi, Esq. IMBESI CHRISTENSEN 450 Seventh Avenue, 14th Floor New York, NY Ph. (212)

2 TO: ROC-A-FELLA RECORDS, INC Broadway, 39th Floor New York, New York UNIVERSAL MUSIC GROUP, INC Broadway New York, New York ISLAND DEF JAM MUSIC GROUP 1755 Broadway New York, New York RHINO ENTERTAINMENT COMPANY d/b/a RHINO RECORDS 75 Rockefeller Plaza New York, New York KANYE OMARI WEST c/o Island Def Jam Music Group 1755 Broadway New York, New York 10019

3 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X RICKY SPICER, Index No.: -against- Plaintiff, COMPLAINT AND JURY DEMAND ROC-A-FELLA RECORDS, INC., UNIVERSAL MUSIC GROUP, INC., ISLAND DEF JAM MUSIC GROUP, RHINO RECORDS and KANYE OMARI WEST, Defendants X I. INTRODUCTION 1. Plaintiff Ricky Spicer, by and through his attorneys Imbesi Christensen, brings this action against Roc-a-Fella Records, Inc., Universal Music Group, Inc., Island Def Jam Music Group and Kanye Omari West, collectively, the Defendants, seeking an injunction and damages for Defendant s violations of New York Civil Rights Law 51 ( NYCRL ), unjust enrichment and common law copyright infringement. II. JURISDICTION AND VENUE 2. This court has personal jurisdiction over Defendant Roc-a-Fella Records, Inc. ( Roc-a-Fella Records ) pursuant to N.Y. C.P.L.R. 301 because Defendant is a domestic corporation company authorized to conduct business in the State of New York. 3. This court has personal jurisdiction over Defendant Universal Music Group, Inc. ( UMG ) pursuant to N.Y. C.P.L.R. 301 because Defendant is a foreign corporation registered with the New York Secretary of State as a foreign business corporation. Defendant UMG is authorized to conduct and does conduct business in the State of New York.

4 4. This court has personal jurisdiction over Defendant Island Def Jam Music Group ( Def Jam ) because Def Jam is a division of UMG, a foreign corporation, registered with the New York Secretary of State as a foreign business corporation. Defendant Def Jam is authorized to conduct and does conduct business in the State of New York. 5. This court has personal jurisdiction over Defendant Rhino Entertainment Company d/b/a Rhino Records ( Rhino Records ) because Rhino Records is a foreign corporation, authorized to conduct and does conduct business in the State of New York. 6. This court has personal jurisdiction over Defendant Kanye Omari West ( Kanye West ) because Kanye West is an employee or owner of Def Jam or UMG and routinely conducts business in the State of New York. 7. Venue is proper in this case pursuant to N.Y. C.P.L.R. 503(c) because Defendants UMG, Def Jam, Rhino Records and Roc-a-Fella Records have their principal place of business in New York County. III. PARTIES 8. Mr. Spicer is a resident of Ohio. 9. At all times herein, Defendant Roc-a-Fella Records is a domestic corporation duly existing under the laws of the State of New York, with its principal place of business in New York County and authorized to conduct business in the State of New York. 10. At all times herein, Defendant UMG is a foreign corporation registered with the New York Secretary of State as a foreign business corporation, and maintains a place of business in New York County and is authorized to conduct business in the State of New York. 11. At all times herein, Defendant Def Jam is a division of UMG, a foreign corporation, registered with the New York Secretary of State as a foreign business corporation.

5 12. At all times herein, Defendant Kanye West is an employee or owner of Def Jam or UMG and routinely conducts business in New York County. IV. STATEMENT OF FACTS A. Ricky Spicer 13. Mr. Spicer was born on July 3 rd, Mr. Spicer s biological father is Richard Spicer and his mother was Silvia Spicer. 14. Mr. Spicer biological parents separated when he was three (3) years of age. 15. Mr. Spicer had five (5) siblings at the time his parents separated. 16. After his parents separation, Mr. Spicer s mother had sole custody of all six (6) of her children and was their primary caretaker. 17. Mr. Spicer s mother was injured in an automobile accident when she was a child which rendered her comatose for a significant amount of time. 18. The treating physicians of Mr. Spicer s mother did not expect her to survive the injuries she sustained from the automobile accident. 19. Fortunately, Mr. Spicer s mother survived but the injuries caused her to suffer severe emotional distress throughout the remainder of her life. 20. In 1963, Mr. Spicer s mother could no longer care for her children because of the psychological injuries. She was admitted to psychiatric facility and Mr. Spicer and his five (5) siblings were forced to be cared for by relatives for several months until she was discharged 21. In 1968, Mr. Spicer s mother experienced another psychological injury rendering her unable to care for Mr. Spicer and his siblings.

6 22. After her injury in 1968, none of Mr. Spicer s family members were able to care for his siblings or him. Mr. Spicer s older brother began military service for the United States and his 2 youngest sisters were admitted to a foster home. 23. The remaining three (3) children, who included Mr. Spicer and his brother and sister, were all admitted to a group home operated by the state of Ohio, where they lived together for nine (9) months. 24. After nine (9) months of living together, in 1969, Mr. Spicer s sister was admitted to a separate home for girls and Mr. Spicer s brother and he were admitted to a group home for boys, known as Ohio Boys Town. 25. Mr. Spicer was twelve (12) years of age when he lived at Ohio Boys Town. During the time he lived at Ohio Boys Town, he began to sing with a couple of boys that lived in his neighborhood. 26. Mr. Spicer and his friends would practice singing extensively, utilizing any available time after school and on weekends. 27. In 1969, Mr. Spicer and his friends auditioned for a talent contest at a local high school and performed exceptionally. 28. The following night, Mr. Spicer and his friends returned to the school to perform again. Because of the boys exceptional performance on the previous night, many people attended, including individuals apparently engaged in the recording business. 29. After Mr. Spicer and his friends performed, Mr. Spicer was approached by Tony Wilson. Prior to the meeting, Mr. Spicer did not know Mr. Wilson.

7 30. Mr. Wilson gave Mr. Spicer a business card and informed him that he wanted him to attempt to record songs with another local group, at a studio operated by Mr. Wilson s boss, Chuck Brown ( Mr. Brown ), owner of Suru Records ( Suru ). 31. In the subsequent days, Chuck Brown introduced Mr. Spicer to the members of the singing group, The Ponderosa Twins. 32. When Mr. Spicer was introduced to The Ponderosa Twins, its members were Alvin and Alfred Pelham and Keith and Kirk Gardner. 33. After an informal meeting, Chuck Brown convinced Mr. Spicer to attempt to record songs with members of The Ponderosa Twins. 34. The boys sung well together and decided to form the singing group The Ponderosa Twins plus One. 35. Mr. Spicer represented the plus One in the group. 36. The Ponderosa Twins plus One recorded several songs, including Bound. 37. Bound was recorded by The Ponderosa Twins plus One in or about Mr. Spicer was the lead vocalist when the group recorded Bound. His voice can distinctly be heard throughout the song, including its chorus, which contains the following words sung by Mr. Spicer: Bound, bound Bound to fall in love 39. The Ponderosa Twins plus One were initially managed by Mr. Brown. The group released several songs on two-sided, vinyl records, including Bound. 40. Throughout 1970, The Ponderosa Twins plus One toured for several months, sometimes performing twice in a single day. Although the members of The Ponderosa Twins

8 plus One were promised payments for their performances, Mr. Brown and Suru failed to may any payments to Mr. Spicer for his performances. 41. Although Mr. Spice was only twelve (12) years of age, he managed to accomplish success in the music industry, releasing several popular songs and performing with Gladys Knight and James Brown. 42. For all of his accomplishments, Mr. Spicer was not fairly compensated. 43. Lacking substantial parental protection, the adults in Mr. Spicer s life, including Mr. Brown, took advantage of his work product. 44. Mr. Brown even attempted to become Mr. Spicer s legal guardian to apparently facilitate the execution of documents allegedly in the best interest of Mr. Spicer. 45. Mr. Spicer did not substantially work as an artist in the music business after the several months he performed as a member of The Ponderosa Twins plus One. 46. As an adult, although no longer employed in the music business, Mr. Spicer was fortunate, compared to his fellow members of The Ponderosa Twins plus One. 47. Alvin and Alfred Pelham are deceased and Kirk and Keith Gardner are currently incarcerated. 48. Mr. Spicer still maintains a friendly relationship Kirk and Keith Gardner and the relatives of Alvin and Alfred Pelham. 49. Mr. Spicer is the only living member of The Ponderosa Twins plus One able to fully detail the group s history and protect the group s legal rights. As evidence of Kirk and Keith Gardner s trust of Mr. Spicer, both men have conveyed a power of attorney to Mr. Spicer, which enables him to fully represent the living members of The Ponderosa Twins plus One.

9 B Release of Bound 50. In 2013, while listening to the radio, Mr. Spicer heard his voice in a song produced by the Defendants. 51. The song, titled, Bound 2 contains Mr. Spicer s audio recording of him singing the chorus to Bound. 52. The chorus, which contains Mr. Spicer s lead vocal, is heard at least four (4) times throughout Bound 2 including the beginning, middle and end of the song. Mr. Spicer s voice is sampled exactly as he recorded it and his voice, altered by the Defendants, is also heard several times. 53. "Bound 2" contains audio vocals from Defendant Kanye West and was featured as the tenth and final track from his sixth studio album, titled Yeezus. 54. Bound 2 was produced by Defendant Kanye West and released under the Defendants recording labels, Roc-A-Fella and Def Jam. C. Defendants Continue to Use Mr. Spicer s Audio Recording Without his Authorization or Consent 55. Defendants Kanye West, UMG, Def Jam and Rhino Records knowingly used the voice audio recording of Mr. Spicer, without his authorization or consent. 56. The Defendants have generated revenue and continue to generate revenue using the work product that Mr. Spicer created when he was just twelve (12) years of age. 57. The Defendants have not paid any compensation to Mr. Spicer for the use of his voice recording in Bound As of December 13, 2013, Mr. Spicer s voice recording can still be heard throughout Bound 2 which has over 18,000,000 views on YouTube. The album, Yeezus, sold over 327,000 copies in its first week of release.

10 COUNT I VIOLATION OF NEW YORK CIVIL RIGHTS LAW Plaintiff hereby repeats and realleges all allegations set forth as if fully set forth herein. 60. NYCRL 51 sets forth: Any person whose name, portrait, picture or voice is used within this state for advertising purposes or for the purposes of trade without the written consent first obtained as above provided may maintain an equitable action in the supreme court of this state against the person, firm or corporation so using his name, portrait, picture or voice, to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use if the defendants shall have knowingly used such person s name, portrait, picture or voice in such manner as is forbidden or declared to be unlawful by section fifty of this article; the jury, in its discretion, may award exemplary damages. (emphasis added). 61. Mr. Spicer was a member of the Ponderosa Twins plus One, a music group who recorded numerous songs. As a member of the Ponderosa Twins plus One, Mr. Spicer performed with many well-known singers. 62. In 2013, while listening to the radio, Mr. Spicer heard his voice in a song produced by the Defendants. 63. The song, titled, Bound 2 contains Mr. Spicer s audio recording of him singing the chorus to Bound. 64. The chorus, which contains Mr. Spicer s lead vocal, is heard at least four (4) times throughout Bound 2 including the beginning, middle and end of the song. Mr. Spicer s voice is sampled exactly as he recorded it and his voice, altered by the Defendants, is also heard several times. 65. The appearance of Mr. Spicer s voice in the song creates the appearance and impression that Mr. Spicer is presently connected with the Defendants.

11 66. Mr. Spicer did not give consent or in any way authorize the use of his voice in the Defendants song. 67. Defendants have knowingly and intentionally used Mr. Spicer s voice without his consent and authorization in violation of NYCRL The use by Defendants of Mr. Spicer s voice was for advertising purposes and for purposes of trade and commercial benefits as the Defendants have profited from the release of Bound, which includes Mr. Spicer s voice. 69. Defendants have acted knowingly, willfully and in bad faith, such that Mr. Spicer should be awarded exemplary damages. herein. COUNT II UNJUST ENRICHMENT 70. Plaintiff hereby repeats and realleges all allegations set forth as if fully set forth 71. Defendants knowingly and willfully used Mr. Spicer s voice in its recording and release of Bound. 72. As a result of Defendants unauthorized commercial use of Mr. Spicer s voice in its song Bound, Defendants have been unjustly enriched to the detriment of Mr. Spicer and Mr. Spicer is entitled to damages. herein. Bound. COUNT III COPYRIGHT INFRINGEMENT 73. Plaintiff hereby repeats and realleges all allegations set forth as if fully set forth 74. Mr. Spicer has a copyright in the sound recording of his voice in the song,

12 75. Sound recordings created prior to 1972 are protected by common law. 76. Defendants infringed Mr. Spicer s copyright when they reproduced the recording, containing Mr. Spicer s voice, in the song Bound Mr. Spicer did not consent to or authorize the use of his voice in the song Bound. 78. As a result of Defendants unauthorized reproduction of Mr. Spicer s sound recording, Mr. Spicer has suffered damages. REQUEST FOR RELIEF AND JURY DEMAND WHEREFORE, Plaintiff requests relief against Defendant as follows: a. Awarding to Plaintiff such damages as he shall prove to have sustained and a jury shall find and/or as provided by law; b. Awarding exemplary damages pursuant to New York Civil Rights Law 51; c. An immediate injunction enjoining Defendants from any further unauthorized use or exploitation of Plaintiff s name; d. Reasonable costs and attorney s fees; e. Awarding Plaintiff judgment in his favor together with such further relief as this Court deems just, equitable and appropriate. Dated: New York, New York December 23, 2013 Respectfully submitted, Imbesi Christensen Brittany Weiner, Esq. Vincent Imbesi, Esq th Avenue, 14th Floor New York, NY 10123

13 Tel: (646) Fax: (212)