Melomega v. Bieber

Case 2:22-cv-02650 Document 1 Filed 04/21/22 Page 1 of 24 Page ID #:1
1 TRE LOVELL, State Bar No. 162806

SARAH SILBERT, State Bar No. 198594
2 THE LOVELL FIRM, A Professional Law Corporation
1875 Century Park East, Suite 1490
3 Los Angeles, California 90067
Tel: (310) 275-2100
4 E-mail: [email protected]
5 Attorneys for Plaintiff
INTERNATIONAL MANUFACTURING CONCEPTS, INC., a Nevada
6 Corporation, dba MELOMEGA MUSIC and SOUND GEMS
7
8
9 UNITED STATES DISTRICT COURT
10 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
11
12 INTERNATIONAL MANUFACTURING ) Case No. 2:22-cv-2650
CONCEPTS, INC., a Nevada Corporation, )
13 dba MELOMEGA MUSIC and SOUND ) COMPLAINT FOR
GEMS, ) COPYRIGHT INFRINGEMENT
14 )
Plaintiff, ) DEMAND FOR JURY TRIAL
15 )
-vs- )
16 )
JUSTIN BIEBER, an individual; DAN )
SMYERS, an individual; SHAY )
17 )
MOONEY, an individual; JESSIE JO
DILLON, an individual; JORDAN )
18 )
REYNOLDS, an individual; JASON
19 BOYD, an individual; WARNER MUSIC )
NASHVILLE, LLC, a Tennessee limited )
20 liability company; W CHAPPELL MUSIC )
CORP., a California corporation dba WC )
MUSIC CORP. (f/k/a WB MUSIC )
21 )
CORP.); BMG RIGHTS
22 MANAGEMENT (US) LLC, a Delaware ))
limited liability company dba BMG )
23 GOLD SONGS; WARNER MUSIC
GROUP CORP., a Delaware corporation; ))
24 WARNER-TAMERLANE PUBLISHING )
CORP., a California corporation;
25 UNIVERSAL MUSIC CORPORATION, ))
a Delaware corporation; POO BZ INC., a )
26 California corporation aka POO BZ )
PUBLISHING and POO B Z )
27 PUBLISHING INC; BIG MACHINE )
MUSIC LLC dba BIG MUSIC )
28 MACHINE, a Delaware limited liability )
COMPLAINT FOR COPYRIGHT INFRINGEMENT

company; BIG ASS PILE OF DIMES )

1 MUSIC, an entity of unknown form; )
SHAY MOONEY MUSIC, an entity of )
2 unknown form; BIEBERTIME )
PUBLISHING, LLC dba BIEBER TIME )
3 PUBLISHING, a Delaware limited )
liability company; BUCKEYE26, an entity )
4 of unknown form; JREYN )
PRODUCTIONS LLC, a Tennessee )
5 limited liability company dba )
JREYNMUSIC; BEATS AND BANJOS, )
6 an entity of unknown form; and DOES 1 )
through 50 inclusive, )
7 Defendants. )
8
9
10 Plaintiff INTERNATIONAL MANUFACTURING CONCEPTS, INC., a
11 Nevada Corporation, dba MELOMEGA MUSIC and SOUND GEMS
12 (“Melomega”) hereby complains and alleges as follows:
13 INTRODUCTION
14 1. Creative theft in the entertainment industry has become its own cottage
15 industry. Its perpetrators pillage the labor of lesser-known, hard-working creators,
16 while unapologetically exploiting such work as their own. This flagrant pilfering of
17 the creative victims’ intellectual property is no more alive than in the music industry
18 where innocent songwriters and artists are routinely left as collateral damage. Ergo,
19 this case.
20 2. Make no mistake, this case marks an instance of blatant and errant
21 copying. Enter Defendants JUSTIN BIEBER, DAN SMYERS, SHAY MOONEY,
22 JESSIE JO DILLON, JORDAN REYNOLDS, JASON BOYD, WARNER MUSIC
23 NASHVILLE, LLC, W CHAPPELL MUSIC CORP. dba WC MUSIC CORP. (f/k/a
24 WB MUSIC CORP.), BMG RIGHTS MANAGEMENT (US) LLC dba BMG
25 GOLD SONGS, WARNER MUSIC GROUP CORP., WARNER-TAMERLANE
26 PUBLISHING CORP., UNIVERSAL MUSIC CORPORATION, POO BZ INC.,
27 aka POO BZ PUBLISHING and POO B Z PUBLISHING, INC., BIG MACHINE
28 MUSIC LLC dba BIG MUSIC MACHINE, BIG ASS PILE OF DIMES MUSIC,
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1 SHAY MOONEY MUSIC, BIEBERTIME PUBISHING, LLC dba BIEBER TIME

2 PUBLISHING; BUCKEYE26, JREYN PRODUCTIONS LLC dba JREYNMUSIC,
3 and BEATS AND BANJOS (collectively “Defendants”) who, through their song
4 10,000 Hours, have committed, contributed to and/or participated in infringing
5 Plaintiff’s work.
6 3. In particular, Defendants JUSTIN BIEBER, DAN SMYERS and
7 SHAY MOONEY are some of the music industry’s biggest artists, each having
8 achieved great fame, success and acclaim, with numerous mega-hits under their
9 belts. The success of their recent collaboration, 10,000 Hours, has exceeded even
10 that of many of their past hits. Aside from the many awards and accolades 10,000
11 Hours has received, the song has nearly two-billion streams internationally, and
12 nearly 800,000,000 streams on Spotify, alone. The problem: Defendants stole the
13 core portion of 10,000 Hours from Plaintiff’s song, The First Time Baby Is A
14 Holiday (“First Time”). First Time’s authors wrote the song over forty (40) years
15 ago. Most recently, Plaintiff released First Time in 2014 through one of the largest
16 music distributors in the world, Sony’s Orchard. Here is a link to the song for easy
17 reference: https://youtu.be/oybr6KWbugo.
18 4. Defendants’ theft is impudently bold. One need only listen to First Time
19 and the infringing 10,000 Hours to discern the unmistakable similarities between the
20 songs. However, subjective analysis aside, when the songs are viewed through the
21 objective, empirical lens of musical science—as was done in this case by one of the
22 top musicology experts in the industry—Defendants’ infringement is unmistakable.
23 The result: a single, universal and ineluctable conclusion that Defendants stole
24 Plaintiff’s song.
25 5. 10,000 Hours is not just substantially similar to First Time; Defendants
26 copied, in minute detail, the most important, core portion of Plaintiff’s song, which
27 includes the chorus, verse and hook. The similarities are so striking that 10,000
28 Hours simply cannot have been independently created.
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1 6. Defendants have profited considerably from their exploitation of

2 Plaintiff’s work. Plaintiff seeks redress from Defendants’ egregious and blatant
3 violation of Plaintiff’s intellectual property rights and seeks, among other remedies,
4 monetary compensation and attorneys’ fees. Plaintiff also seeks an injunction
5 enjoining Defendants from further distributing and exploiting their infringing song,
6 as well as requiring Defendants to take all measures to ensure that Plaintiff (and/or
7 the songwriters) receive credit and are included in any and all honors, awards and
8 accolades, past and future, associated with the song.
9 THE PARTIES
10 7. Plaintiff INTERNATIONAL MANUFACTURING CONCEPTS,
11 INC., dba MELOMEGA MUSIC, LTD. and SOUND GEMS (“Plaintiff” or
12 “Melomega”), is a Nevada corporation. Plaintiff is the owner of the underlying
13 musical composition and sound recordings of First Time. First Time is registered in
14 the United States Copyright Office, with Copyright Registration numbers
15 PA0000080539, SRu001465520 and SR0000904298.
16 8. Defendant JUSTIN BIEBER (“Defendant Bieber”) is an individual
17 and, based on information and belief, a resident of Los Angeles, California.
18 Defendant Bieber is the world famous singer and recording artist who co-wrote the
19 musical composition and performed vocals on the infringing 10,000 Hours sound
20 recording. The U.S. Copyright registrations for the 10,000 Hours musical
21 composition, Reg. Nos. PA0002212950, PA0002223387, and PA0002248599
22 (collectively, the “10,000 Hours Music Registrations), identify Defendant Bieber as
23 an author of the song’s music and lyrics. Reg. No. PA0002223387 also identifies
24 Defendant Bieber as a copyright claimant.
25 9. Defendant DAN SMYERS (“Defendant Smyers”) is an individual and,
26 based on information and belief, a resident of Davidson County, Tennessee.
27 Defendant Smyers is a world-famous singer and recording artist, and the recipient
28 of numerous awards and accolades from the Academy of Country Music Awards,
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1 the Billboard Music Awards, the CMT Music Awards and the Grammys. Defendant
2 Smyers co-wrote the musical composition and performed vocals on the infringing
3 10,000 Hours sound recording. The 10,000 Hours Music Registrations identify
4 Defendant Smyers as an author of the song’s music and lyrics. Further, Plaintiff is
5 informed and believes, and thereupon alleges that Defendant Smyers has and
6 continues to come to Los Angeles, California, to perform regularly at live concerts.
7 On information and belief, he also regularly performs at and/or attends music awards
8 ceremonies in and around Los Angeles, including the American Country Countdown
9 Awards, the Grammys, the American Music Awards, and the iHeartRadio Music
10 Awards, and regularly travels to the Los Angeles area for television tapings and
11 media appearances, including but not limited to The Tonight Show and The Voice.
12 Moreover, he has specifically performed, sung and promoted the subject song 10,000
13 Hours in Los Angeles and other parts of California on numerous occasions,
14 committing copyright infringement violations personally, directly and specifically
15 in the county of Los Angeles, State of California.
16 10. Defendant SHAY MOONEY (“Defendant Mooney”) is an individual
17 and, based on information and belief, a resident of Davidson County, Tennessee.
18 Defendant Mooney is a world-famous singer and recording artist and the recipient
19 of numerous awards and accolades from the Academy of Country Music Awards,
20 the Billboard Music Awards, the CMT Music Awards and the Grammys. Defendant
21 Mooney co-wrote the musical composition and performed vocals on the infringing
22 10,000 Hours sound recording. The 10,000 Hours Music Registrations identify
23 Defendant Mooney as an author of the song’s music and lyrics. Further, Plaintiff is
24 informed and believes, and thereupon alleges that Defendant Mooney has and
25 continues come to Los Angeles, California to perform regularly at live concerts. On
26 information and belief, he also regularly performs at and/or attends music awards
27 ceremonies in and around Los Angeles, including the American Country Countdown
28 Awards, the Grammys, the American Music Awards, and the iHeartRadio Music
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1 Awards, and regularly travels to the Los Angeles area for television tapings and
2 media appearances, including but not limited to the Tonight Show and The Voice.
3 Moreover, he has specifically performed, sung and promoted the subject song 10,000
4 Hours in Los Angeles and other parts of California on numerous occasions,
5 committing copyright infringement violations personally, directly and specifically
6 in the county of Los Angeles, State of California.
7 11. Defendant JESSIE JO DILLON (“Defendant Dillon”) is an individual
8 and, based on information and belief, a resident of Davidson County, Tennessee.
9 The 10,000 Hours Music Registrations identify Defendant Dillon as an author of the
10 song’s music and lyrics. Reg. No. PA0002223387 also identifies Defendant Dillon
11 as a copyright claimant. Based on information and belief, Defendant Dillon
12 previously resided in Los Angeles County, State of California, and continues to
13 return to Los Angeles for various awards shows, musical appearances and
14 promotional activities in furtherance of her musical career. Further, based on
15 information and belief, Defendant Dillon has songwriting credits associated with
16 over 900 songs and routinely writes music intended to be performed, distributed and
17 exploited in Los Angeles, California, conducts business in the music industry in this
18 county and state, and works with Los Angeles-based co-writers, musicians and/or
19 artists who have or will perform and market Defendant Dillon’s songs in Los
20 Angeles County, State of California.
21 12. Defendant JORDAN REYNOLDS (“Defendant Reynolds”) is an
22 individual and, based on information and belief, a resident of Los Angeles,
23 California. The 10,000 Hours Music Registrations identify Defendant Reynolds as
24 an author of the song’s music and lyrics. In addition to residing in Los Angeles,
25 California, it is believed that Defendant Reynolds conducts business in the music
26 industry and routinely performs in Los Angeles, as well as promotes 10,000 Hours
27 in this state and county.
28
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1 13. Defendant JASON BOYD (“Defendant Boyd”) is an individual and,

2 based on information and belief, a resident of Miami-Dade County, Florida. The
3 10,000 Hours Music Registrations identify Defendant Boyd as an author of the
4 song’s music and lyrics. Reg. No. PA0002223387 also identifies Defendant Boyd as
5 a copyright claimant. Plaintiff is informed and believes, and thereupon alleges that
6 Defendant Boyd, who also goes by the name of “Poo Bear,” resided in Los Angeles,
7 California until in or about 2021 and routinely returns to Los Angeles to promote his
8 career. Like Defendants Meyers and Mooney, Defendant Boyd regularly attends
9 awards shows, events and openings in an around Los Angeles, including Variety’s
10 1st Annual Hitmakers Luncheon, the Grammys, the Gushcloud Talent Agency
11 opening, the Wonderbrett Cannabis Store Grand Opening, the 31st Annual Rhythm
12 & Soul Music Awards, the ASCAP Pop Music Awards and ASCAP “I Create
13 Music” Expo. Further, based on information and belief, Boyd regularly promotes his
14 songs, including 10,000 Hours, and conducts other business in the music industry in
15 the county of Los Angeles, State of California, including in connection with
16 Defendant Poo BZ, Inc., a California corporation of which Boyd is Chief Executive
17 Officer.
18 14. Defendant WARNER MUSIC NASHVILLE, LLC (“Warner Music”),
19 is a Tennessee limited liability company, and serves as Defendant WARNER
20 MUSIC GROUP CORP.’s country music label. Warner Music owns the copyright
21 in the 10,000 Hours sound recording, Reg. No. SR0000864368. Since 2017, Warner
22 Music artists have performed over 80 times at various venues throughout California,
23 including at last two live performances of 100,000 Hours by Dan + Shay at the
24 Hollywood Bowl for the 2000 Country Music Awards and at the Staples Center on
25 or about October 15, 2021. Warner Music’s website, at the URL
26 https://www.warnermusicnashville.com/artist, currently promotes approximately 22
27 upcoming California performances by Warner Music artists. Warner Music regularly
28 conducts business in Los Angeles, California, pertaining to a myriad of aspects of
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1 the music industry, including but not limited to signing, developing, marketing and
2 exploiting artists, recording music, publishing musical compositions, and generally
3 conducting business in the music field while enjoying the benefits and privileges of
4 doing business in Los Angeles, California. It is believed that Warner Music has
5 specifically promoted, marketed and exploited 10,000 Hours in Los Angeles,
6 California.
7 15. Defendant WARNER MUSIC GROUP CORP. (“Warner”) is a
8 Delaware corporation that has filed as a foreign corporation in California and has
9 offices located in Los Angeles, California. Warner oversees all of its music labels,
10 including Defendant Warner Music, and, based on information and belief, Warner
11 has control over the distribution, exploitation, marketing and sales of 10,000 Hours
12 through Warner Music.
13 16. Defendant W CHAPPELL MUSIC CORP. dba WC MUSIC CORP.
14 (f/k/a WB MUSIC CORP.) (“W Chappell”) is a California corporation with a
15 principle place of business in Los Angeles County. U.S. Copyright Reg. No.
16 PA0002212950 for the 10,000 Hours musical composition identifies W Chappell’s
17 former dba, WB Music Corp., as a copyright claimant. Reg. No. PA0002223387
18 identifies W Chappell’s current dba, WC Music Corp., as a copyright claimant.
19 17. Defendant BMG RIGHTS MANAGEMENT (US) LLC (“BMG”) is a
20 Delaware limited liability company. BMG is registered to do business, and has
21 offices, in California. Based on information and belief, BMG sometimes does
22 business as “BMG Gold Songs.” U.S. Copyright Reg. No. PA0002248599 for the
23 10,000 Hours musical composition identifies BMG as a copyright claimant. U.S.
24 Copyright Reg. No. PA0002212950 for the 10,000 Hours musical composition
25 identifies BMG Gold Songs as a copyright claimant.
26 18. Defendant WARNER-TAMERLANE PUBLISHING CORP.
27 (“Warner-Tamerlane”) is a California corporation with a principal place of business
28 in California. U.S. Copyright Reg. Nos. PA0002212950 and PA0002223387 for the
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1 10,000 Hours musical composition identify Warner-Tamerlane as a copyright

2 claimant.
3 19. Defendant UNIVERSAL MUSIC CORP. (“UMC”) is a Delaware
4 corporation that has filed as a foreign corporation in California and has offices
5 located in Los Angeles, California. U.S. Copyright Reg. No. PA0002212950 for the
6 10,000 Hours musical composition identifies UMC as a copyright claimant.
7 20. Defendant POO BZ INC., is a California corporation that, on
8 information and belief, is also known as POO B Z PUBLISHING, INC and POO BZ
9 PUBLISHING (collectively, “Poo BZ”). U.S. Copyright Reg. Nos. PA0002212950
10 and PA0002248599 for the 10,000 Hours musical composition identify Poo BZ
11 Publishing, and Poo B Z Publishing Inc, respectively, as copyright claimants.
12 Further, by and through Defendant Boyd, who is believed to be a principal of
13 Defendant Poo BZ, and to operate on its behalf, Poo BZ has substantial contacts with
14 the county of Los Angeles, State of California, and specifically promotes its music,
15 including 10,000 Hours, in this county and state.
16 21. Defendant BIG MACHINE MUSIC LLC (“Big Machine”) is a
17 Delaware limited liability corporation with a principal place of business in
18 Tennessee. Based on information and belief, Big Machine Music also does business
19 as “Big Music Machine.” U.S. Copyright Reg. No. PA0002212950 for the
20 10,000 Hours musical composition identifies Big Music Machine as a copyright
21 claimant. Based on information and belief, Defendant Big Machine regularly
22 conducts promotional activities and engages in various aspects of the music business
23 in Los Angeles, California.
24 22. Defendant BIG ASS PILE OF DIMES MUSIC (“Pile of Dimes”) is,
25 based on information and belief, a business entity of unknown legal form and status.
26 U.S. Copyright Reg. No. PA0002212950 for the 10,000 Hours musical composition
27 identifies Defendant Pile of Dimes as a copyright claimant. Based on information
28
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1 and belief, Defendant Pile of Dimes regularly conducts promotional activities and
2 engages in various aspects of the music business in Los Angeles, California.
3 23. Defendant SHAY MOONEY MUSIC (“Mooney Music”) is, based on
4 information and belief, a business entity, the legal form and status of which is
5 currently unknown to Plaintiff. U.S. Copyright Reg. Nos. PA0002212950 and
6 PA0002223387 for the 10,000 Hours musical composition identify Mooney Music
7 as a copyright claimant. Moreover, by and through Defendant Mooney as its
8 principal, Mooney Music has substantial contacts with the County of Los Angeles,
9 State of California, and specifically publishes and promotes its music, including
10 10,000 Hours, in this county and state.
11 24. Defendant BIEBERTIME PUBLISHING, LLC dba BIEBER TIME
12 PUBLISHING (“Bieber Time”) is a Delaware limited liability company with, based
13 on information and belief, a principal place of business in California. U.S. Copyright
14 Reg. No. PA0002212950 for the 10,000 Hours musical composition identifies
15 Bieber Time Publishing as a copyright claimant. Based on information and belief,
16 Defendant Bieber Time regularly conducts promotional activities and otherwise
17 does business in Los Angeles, California.
18 25. Defendant BUCKEYE26 (“Buckeye”) is, based on information and
19 belief, a business entity, the legal form and status of which is currently unknown to
20 Plaintiff. U.S. Copyright Reg. Nos. PA0002212950 and PA0002223387 for the
21 10,000 Hours musical composition identify Buckeye26 as a copyright claimant.
22 Based on information and belief, Defendant Buckeye regularly conducts
23 promotional activities and engages in various aspects of the music business in Los
24 Angeles, California.
25 26. Defendant JREYNMUSIC (“Jreyn”) is, based on information and
26 belief, a business entity, the legal form and status of which is currently unknown to
27 Plaintiff. U.S. Copyright Reg. Nos. PA0002212950 and PA0002223387 for the
28 10,000 Hours musical composition identify Jreyn as a copyright claimant. Based on
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1 information and belief, Defendant Jreyn operates by and through Defendant

2 Reynolds as its agent, and has the similar contacts and relationship with Los
3 Angeles, California as Defendant Reynolds, and also regularly conducts promotional
4 activities and engages in various aspects of the music business in Los Angeles,
5 California.
6 27. Defendant BEATS AND BANJOS (“Beats”) is, based on information
7 and belief, a business entity, the legal form and status of which is currently unknown
8 to Plaintiff. U.S. Copyright Reg. Nos. PA0002212950 and PA0002223387 for the
9 10,000 Hours musical composition identify Defendant Beats as a copyright
10 claimant. Based on information and belief, Defendant Beats regularly conducts
11 promotional activities and engages in various aspects of the music business in Los
12 Angeles, California.
13 28. Plaintiff is informed and believes, and thereupon alleges, that other
14 fictitious defendants, not previously identified by name but designated as Does 1
15 through 50, may be liable or responsible in whole or in part for the allegations
16 contained herein. Once the true names and capacities of these Doe Defendants are
17 ascertained, Plaintiffs will seek leave to amend this Complaint and substitute their
18 true names and capacities.
19 29. Plaintiff is informed and believes and thereupon alleges, that each of
20 the Defendants named herein as Does 1 through 50, inclusive, is intentionally,
21 negligently or otherwise legally responsible in some manner, either vicariously or
22 by virtue of his, her or its agents, representatives, servants or employees, for the acts
23 and occurrences alleged herein, and has thereby proximately caused injury or
24 damage to Plaintiff.
25 30. Plaintiff is informed and believes, and thereupon alleges, that at all
26 times herein mentioned, the Defendants, and each of them, were the agents, partners,
27 alter egos, joint venturers and/or employees of each other, and at all times were
28 acting within the scope and course of said agency, partnership, joint venture, alter
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1 ego relationship and/or employment, and with full knowledge and consent of each
2 other. In so doing, the Defendants, and each of them, acted within the scope of such
3 relationship or ratified the acts of the others, and is jointly and severally liable as
4 such. Plaintiffs further believe and allege that Defendants, and each of them, are the
5 alter egos of the other, and that there is such a unity of interest and ownership
6 between and among Defendants, that such interests have become intertwined and
7 inseparable.
8 JURISDICTION AND VENUE
9 31. The Court has federal question jurisdiction pursuant to 28 U.S.C.
10 Sections 1331 and 1338(a), as an action arising under the 1976 Copyright Act, 17
11 U.S.C. Sections 101, et seq.
12 32. This Court has specific personal jurisdiction over Defendants because,
13 based on information and belief, each has purposefully committed, within the state,
14 the acts from which Plaintiff’s claim arises and/or committed tortious acts outside
15 California, knowing and intending that such acts would cause injury to Plaintiff
16 within the state.
17 33. Specifically, based on information and belief, Defendants have
18 purposefully availed themselves of the benefits of conducting business within the
19 State of California by directing their activities with respect to the infringing work,
20 including their marketing and promotion of the infringing work, to California
21 residents, who are able to purchase, download and stream the infringing
22 compositions and recordings. Upon information and belief, Defendants, and each of
23 them, have received substantial revenues from their exploitation of the infringing
24 works in California.
25 34. Upon information and belief, and as set forth above in greater detail,
26 Defendants Bieber, Shay and Mooney, have performed and/or will perform touring
27 dates in California to further exploit the infringing compositions and recordings, and
28
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1 have licensed, distributed and exploited the subject infringing song (and other songs)
2 in this state.
3 35. The Court also has general personal jurisdiction over Defendants, as
4 each either resides in this state, has incorporated in this state, is licensed as a foreign
5 entity to do business in this state, has its principal place of business in this state,
6 and/or conducts continuous, systematic, and routine business within the state of
7 California and the County of Los Angeles and/or within this district.
8 Consequentially, by virtue of their pervasive business contacts and transactions
9 within the State of California, Defendants are constructively aware and can
10 reasonably expect and/or anticipate being sued in this jurisdiction.
11 36. Venue is proper in the United States District Court for the Central
12 District of California pursuant to 28 U.S.C. §§ 1391(b) - (d) and 1400.
13 FACTUAL BACKGROUND
14 37. This is an action for copyright infringement, in violation of 17 U.S.C.
15 §§ 101 et seq., arising from the unauthorized reproduction, distribution and/or public
16 performance of Plaintiff’s copyrighted musical composition First Time. Plaintiff is
17 informed and believes, and thereupon alleges, that Defendants are the writers,
18 composers, performers, producers, record label, distributors, and publishers who
19 were involved with the creation, release, reproduction, exploitation, licensing, and
20 public performance of the infringing and derivative musical composition 10,000
21 Hours, the infringing sound recording of 10,000 Hours, and the music video and
22 other products embodying the infringing musical composition and sound recording
23 10,000 Hours (collectively, the “Infringing Works”). Defendants Bieber, Smyers,
24 Dillon, Reynolds, Boyd, and Mooney (collectively, the “Composer Defendants”)
25 each received credit as composers of the music and lyrics of 10,000 Hours. The
26 corporate Defendants are, on information and belief, the publishing, distribution,
27 recording labels and other entities that exploit the song.
28
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Plaintiff’s Song The First Time Baby Is A Holiday

1
38. Plaintiff Melomega is the owner of the copyright in the musical
2
composition embodied in sound recordings of First Time. The authors of the music
3
and lyrics of First Time, Palmer Rakes and Frank Fioravanti, respectively, were
4
well-known songwriters at the time they authored the song. In 1973, shortly after
5
forming their first record label, Sound Gems Records, one of their singles, What You
6
Got by William Devaughn, earned a gold record, selling 2 million copies and
7
climbing to number 2 or 3 on the charts, depending on the publication doing the
8
ranking. Frank Fioravanti eventually formed Melomega, which released numerous
9
songs in the 70’s and 80’s, including a number of chart-making songs in the top 100.
10
39. In 1980, Melomega registered the musical composition for First Time
11
with the U.S. Copyright Office, under registration number PA0000080539, under
12
the title “The First time, baby, was a holiday.” In 2014, Melomega recorded the song
13
and, on August 4, 2021, registered the 2014 sound recording and derivative version
14
of the musical composition under registration number SR0000904298, using the
15
slightly altered title “The First Time Baby Is a Holiday.” On February 15, 2021,
16
Plaintiff also registered an unpublished sound recording of the 1980 version of First
17
Time under registration number SRu001465520.
18
40. Melomega initially released the 2014 sound recording in or about
19
September, 2014. In 2017 and 2019, Melomega’s Sound Gems Records label re-
20
released the song on three different albums. In 2014, the sound recording
21
commenced world-wide distribution via The Orchard, one of the largest music
22
distributors in the world, which distributes to approximately 45 global markets and
23
hundreds of retail outlets, if not more, including digital, physical and multimedia
24
platforms.
25
Defendants’ Song 10,000 Hours.
26
41. Defendants released 10,000 Hours as a single in the United States on
27
or about October 4, 2019. The official music video for the song debuted that same
28
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1 day. On or about November 27, 2019, Defendants released a piano version of 10,000
2 Hours, known as “the wedding version.” The song also appears on the album entitled
3 Good Things, which was released on or about August 13, 2021. 10,000 Hours was a
4 multi-week No. 1 hit, with nearly two billion global streams to date. In its first week
5 of distribution, listeners streamed 10,000 Hours more times than any other single in
6 country music history, earning over four million U.S. track equivalents to date. It is
7 only the sixth song ever to top all four Billboard country song charts simultaneously,
8 and was also the highest-charting non-holiday country song in the history of
9 Billboard’s streaming song charts.
10 42. 10,000 Hours received awards for “Best Country Duo/Group
11 Performance” at the 2021 Grammy Awards, “Collaboration of the Year” and
12 “Favorite Country Song” at the 2020 American Music Awards, and Top Country
13 Song at the 2020 Billboard Music Awards. The Recording Industry Association of
14 America certified 10,000 Hours as Gold in late 2019, and the song went quadruple
15 platinum in 2021.
16 Substantial Similarity Between 10,000 Hours and First Time
17 43. From a subjective standpoint, by simply listening to both songs, the
18 average listener clearly hears the distinctively similar melody and other
19 compositional elements in both songs. Indeed, the melodies of the chorus of 10,000
20 Hours and the chorus/verse of First Time are practically identical.
21 44. The listener’s subjective observations are more than corroborated by an
22 objective, scientific, empirical musical analysis conducted by one of the top
23 musicologists in the industry, Dr. Alexander Stewart. Dr. Stewart, whose extensive
24 analysis is set forth in his preliminary report, attached hereto as Exhibit A, came to
25 the immutable conclusion that not only are these songs substantially similar, but
26 from an analysis of the most significant, core expressions of each song, “First Time
27 Baby and 10,000 Hours are practically the same song [and] [g]iven the degree of
28
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1 similarity in these passages and other details… I consider it almost impossible that
2 10,000 Hours was created independently from First Time Baby.”
3 45. From a general perspective, both songs have similar tempos, overall
4 feel, and form structure. More specifically, however, an analysis with respect to the
5 “core expression” of the songs is particularly striking and revealing. Such core
6 expression is found in the chorus of 10,000 Hours and the chorus/verse of First Time.
7 These are the most important sections of the songs in which the titles of the songs
8 are referenced, the signature phrases and “hooks” are found, and which the listener
9 is most likely to identify and remember. Dr. Stewart compared the melodic themes,
10 pitch, rhythm, length, phrasing, hook, lyrics and metric placement of these core
11 sections of the songs and found them to be practically identical.
12 46. For example, when the core sections of the songs are broken down into
13 their four component phrases, and the pitch sequences compared on a note-by-note
14 basis, the percentage of melodic components of First Time that also appear in 10,000
15 Hours is as high as 83%, or all but two (2) of the twelve (12) notes.
16
17
18
19
20
21
Pitch sequences
22 FTB 165632161231
23 10k 1165632151233
24 47. Moreover, when looking at the core portions of the songs as a whole,
25 34 of 47 notes—i.e., 72%—in the pitch sequence of the main verse/chorus of First
26 Time appear in the chorus of 10,000 Hours. 1
27
28 1
In each of the graphs, identical notes are denoted in red.
-16-
1
2
3
4
5
6
7
8
9
10
11 48. Even further, a comparison of the rhythm and metric placement of this
12 extended, 47-note sequence demonstrates that nearly 90% of notes—an incredible
13 42 of 47 notes—are identical in this regard. While keeping the same rhythms, only
14 four pitches were changed in two of the phrases, amounting to just a nominal
15 variation. In other words, for all intents and purposes, the melodies and melodic
16 structure of these two core sections of each song are the same.
17
18
19
20
21
22
23
24
25
26 49. Additional analysis found other musical features to be substantially
27 similar, including the harmony and accompaniment figures. In fact, the hooks of
28 these songs are exactly the sameʊboth end with the identical lyric “for the rest of
-17-
1 my life,” set to the same melody. This identical similarity can’t be overstated. The
2 fact that both songs exhibit the exact same lyrics, pitch, rhythm, contours and metric
3 placement at exactly the same moment in each song simply can’t happen without
4 copying.
5
6
7
8
9
10
11
12
13 50. In looking at this analysis, it also is important to understand that
14 musicological comparisons have in many cases involved comparisons of as few as
15 6 to 7 consecutive notes in the subject musical compositions. Here, in contrast,
16 several 47-note sections of 10,000 Hours are virtually identical to parallel sections
17 of First Time. Such a lengthy expression of largely identical musical composition is
18 nothing less than strikingly similar. This, combined with the results of a prior art
19 search which uncovered no compositions with anywhere near this degree of
20 similarity pre-dating First Time, makes Defendants’ theft abundantly clear.
21 ///
22 ///
23 ///
24 ///
25 ///
26 ///
27 ///
28
-18-
1
2
3
4
5
6
7
8
9
10
11
12
13
14 51. The musicological analysis is not only compelling but constitutes
15 overwhelming evidence that 10,000 Hours copied and is comprised of the most
16 important portions of First Time. In fact, without First Time, 10,000 Hours would
17 not exist.
18 D. Access.
19 52. The fact that the core expression of the two songs is nearly identical
20 and strikingly similar obviates the need to establish access, as such is inferred.
21 53. Notwithstanding, First Time was written and recorded in 1980, and
22 initially released in 2014 on Sony’s Orchard platform, with subsequent releases in
23 2017 and 2019, for a total of three separate releases on three different albums. The
24 Orchard is one of the largest music distributors in the world, reaching over 45
25 countries through hundreds of musical outlets. In the United States, First Time is
26 distributed and available through all of the major retailers including top outlets such
27 as iTunes, Spotify, Napster, Shazam, Soundcloud, Tidal, TikTok, Peloton, Vevo,
28 Amazon Music, Facebook, YouTube Music and Pandora. In fact, there are five
-19-
1 different versions of First Time available for purchase on iTunes, alone. First Time
2 was written four decades ago, and domestically and internationally distributed for
3 approximately 5 years prior to the release of 10,000 Hours. Thus, access through
4 widespread distribution is undeniable.
5 E. Defendants’ Unauthorized Exploitation of First Time
6 54. Defendants have, without authorization, and without giving credit to
7 either Palmer Rakes or Frank Fioravanti, or a copyright interest to Melomega, copied
8 First Time, and reproduced, distributed, displayed, publicly performed and
9 otherwise exploited the Infringing Works, resulting in substantial revenue, profit and
10 fame for Defendants. Upon information and belief, each Defendant is responsible in
11 some manner for the events described herein and are liable to Melomega for the
12 damages it has incurred. As co-infringers, Defendants are jointly and severally liable
13 for all amounts owed.
14 55. Defendants continue to infringe on the musical composition First Time
15 by reproducing, displaying, distributing, exploiting, licensing, and publicly
16 performing the Infringing Works. 10,000 Hours continues to be reproduced, sold,
17 distributed, publicly performed, licensed and otherwise exploited on compact discs
18 and albums, digital downloads, streaming, music videos, internet and other
19 commercial products, all without payment to the Melomega or credit to Frank
20 Fioravanti.
21 56. These acts were willful, knowing, and malicious and perpetrated
22 without regard to Melomega’s rights.
23 CAUSE OF ACTION COPYRIGHT INFRINGEMENT
24 (Direct, Contributory, And Vicarious Copyright Infringement
25 Against All Defendants)
26 57. Plaintiff repeats and re-alleges each of the foregoing paragraphs, as
27 though fully set forth herein.
28
-20-
1 58. Plaintiff is the sole owner of the U.S. copyright in all rights, titles, and
2 interests in the musical composition First Time. The musical composition is properly
3 registered with the United States Copyright Office.
4 59. Defendants' unauthorized reproduction, distribution, public
5 performance, display, and creation of a derivative work of First Time infringes
6 Melomega's exclusive rights in violation of the Copyright Act, 17 U.S.C. §§ 101 et
7 seq.
8 60. Defendants did not seek or receive permission to copy or interpolate
9 any portion of First Time into 10,000 Hours.
10 61. Defendants' conduct has at all times been knowing, willful, and with
11 complete disregard to Melomega's rights.
12 62. As a proximate cause of Defendants' wrongful conduct, Melomega has
13 been irreparably harmed.
14 63. The Infringing Works copy quantitatively and qualitatively the most
15 distinct, important, recognizable and significant portions of First Time to the point
16 where 10,000 Hours could not exist without the stolen portions of First Time.
17 64. From the date of the creation of the infringing 10,000 Hours,
18 Defendants have infringed Melomega's copyright interest in First Time including:
19 (a) by substantially copying and publicly performing, or authorizing the copying and
20 public performances, including publicly performing 10,000 Hours on the radio, at
21 live concerts and personal appearances, and on film, video, television, internet and
22 otherwise; (b) by authorizing the reproduction, distribution and sale of the records,
23 digital downloads and streaming through the execution of licenses, and/or actually
24 selling, manufacturing, and/or distributing 10,000 Hours through various sources
25 and outlets; (c) by substantially copying and the related marketing and promotion of
26 the sale of the records, videos, downloads, streams, tickets to concerts and other
27 performances, and other merchandise; and (d) by participating in and furthering the
28 aforementioned infringing acts, and/or sharing in the proceeds therefrom, all through
-21-
1 substantial use of First Time in and as part of the Infringing Works, packaged in a
2 variety of configurations and digital downloads, streams, mixes and versions, and
3 performed in a variety of ways including internet, radio, concerts, personal
4 appearances, film, video, television, downloads, streams and otherwise.
5 65. Neither Palmer Rakes nor Frank Fioravanti have received songwriter
6 or composer credit for, and Melomega has received no copyright ownership interests
7 in and for, any of the exploitations of 10,000 Hours or any of the works associated
8 with First Time.
9 66. The infringement by Defendants has been, and continues to be, willful
10 and knowing.
11 67. With knowledge of the infringement, the Defendants have induced,
12 caused, or materially contributed to, the infringing conduct of others, such that they
13 should be found to be contributorily liable.
14 68. Defendants had the right and ability to control other infringers and have
15 derived a direct financial benefit from that infringement such that Defendants should
16 be found to be vicariously liable.
17 69. The infringement is continuing as the album Good Things, on which
18 10,000 Hours appears, continues to be sold and the single 10,000 Hours continues
19 to be licensed for sale, downloads, streams, ringtones and/or mastertones, and other
20 exploitations by Defendants or their agents.
21 70. As a direct and proximate result of Defendants’ conduct, Melomega has
22 suffered actual damages including lost profits, lost opportunities, and loss of
23 goodwill.
24 71. Pursuant to 17 U.S.C. § 504, Melomega is entitled to actual damages,
25 including Defendants’ profits, as will be proven at trial, and/or statutory damages,
26 including attorneys’ fees.
27 72. Defendants' conduct is causing and, unless enjoined by this Court, will
28 continue to cause Melomega irreparable injury that cannot be fully compensated or
-22-
1 measured in monetary terms. Melomega has no adequate remedy at law. Pursuant to

2 17 U.S.C. § 502, Melomega is entitled to a permanent injunction prohibiting the
3 reproduction, distribution, sale, public performance or other use or exploitation of
4 10,000 Hours, including all Infringing Works.
5 PRAYER FOR RELIEF
6 WHEREFORE, Melomega prays for judgment against Defendants and for the
7 following relief:
8 A. A permanent injunction prohibiting Defendants and their agents,
9 servants, employees, officers, attorneys, successors, licensees, partners, and assigns,
10 and all persons acting in concert or participation with each or any one of them, from
11 directly or indirectly infringing, or causing, enabling, facilitating, encouraging,
12 promoting, inducing, and/or participating in the infringement of, any of Melomega’s
13 rights protected by the Copyright Act; an order directing Defendants to include
14 credits on behalf of Melomega and/or the authors of First Time to be included on
15 any awards, accolades, events of prestige and/or other public recognition attributed
16 to 10,000 Hours;
17 B. An award of damages pursuant to 17 U.S.C. § 504(b), including actual
18 damages and Defendants’ profits in an amount to be proven at trial;
19 C. An award of statutory damages,
20 D. An award of attorneys’ fees;
21 E. For pre-judgment and post-judgment interest according to law, as
22 Applicable.
23 ///
24 ///
25 ///
26 ///
27 ///
28 ///
-23-
1 F. For such other and further relief as this Court may deem just and proper.
2
3
4 Dated: April 1, 2022 THE LOVELL FIRM, P.C.
5
By: _________________________________
_____________
6 Tre Lovell
INTERNATIONAL
8 MANUFACTURING CONCEPTS,
INC., a Nevada Corporation, dba
9 MELOMEGA MUSIC and SOUND
GEMS
10
11
JURY DEMAND
12
Plaintiff respectfully requests a jury trial.
13
14 Dated: April 1, 2022 THE LOVELL FIRM, P.C.
15
16 By: _________________________________
_____________
Tre L
T Lovell
ll
INTERNATIONAL
18 MANUFACTURING CONCEPTS,
INC., a Nevada Corporation, dba
19 MELOMEGA MUSIC and SOUND
GEMS
20
21
22
23
24
25
26
27
28
-24-
Case 2:22-cv-02650 Document 1-1 Filed 04/21/22 Page 1 of 35 Page ID #:25
EXHIBIT “A”
Alexander Stewart, Ph.D. LLC

Preliminary Musicology Report
April , 2022
Re: “The First Time Baby Was a Holiday” and “10,000 Hours”
1. Background
I am Professor of Music, the founder and coordinator of the Jazz Studies Program, and former
Director of Latin American and Caribbean Studies at the University of Vermont. I collaborated
in the design and implementation of the Music Technology and Business Program. I have
contributed to numerous peer-reviewed journals and other publications and I am author of a
book, Making the Scene: Contemporary New York City Big Band Jazz, published by University
of California Press (2007). My article on drumming and rhythms, “Funky Drummer,” first
published in the British journal Popular Music in 2000, has been reprinted in several anthologies
and has been widely cited. My scholarly work encompasses extensive music transcriptions,
musicological analysis, historical research, and other activities, particularly in popular music. I
earned a Ph.D. in Music (Ethnomusicology Concentration) from the Graduate Center of the City
University of New York (CUNY) and a Master of Music in Jazz and Commercial Music from
Manhattan School of Music. During 2006-7 I was a Fulbright scholar researching traditional and
popular music in Mexico. As an active professional musician for more than forty years I have
performed and recorded with leading musicians in jazz and popular music such as Lionel
Hampton, Wynton Marsalis, and Ray Charles. I have provided expert opinions and analysis and
lectured widely on music copyright matters for nearly twenty years. A C.V. attached to this
report as Exhibit 3 lists my professional activities in more detail.
2. Assignment
I have been asked to examine, compare and research two songs: “The First Time Baby Was a
Holiday” (henceforth “FTB”) and “10,000 Hours” (henceforth “10K”). I was provided mp3’s
and links to the recordings by Tre Lovell, Esq. of The Lovell Firm, P.C. He also provided me
with the deposit copy sheet music to FTB (Exhibit 1). I was also asked to perform a preliminary
search for other songs containing similar expression (“prior art”).
-2-
3. Summary of Findings
My investigation and analysis have found that the compositions FTB and 10K are substantially
similar in their main melodic themes, hook lyrics, supportive harmonies, and accompaniment. A
prior art search turned up no songs with anywhere near this degree of similarity that predate
either of the two versions of FTB (1980 and 2014). The analysis below is primarily based on the
more recent (2014) version of FTB. The melody, harmonies, lyrics, and other expression in the
1980 recording and the deposit copy sheet music are very similar to those in the later recording
of the composition.
4. Analysis
a) General
FTB and 10K are both set to major keys and have similar tempos and overall feel or style.
Tempo Key
FTB 84bpm1 Eb major (and E major after the modulation)
10K 89bpm Bb major
b) Structure
The forms of both songs are as follows:
First Time
intro 0:00 instrumental; guitar plays theme
verse 12 0:13
chorus 1 0:36
verse 2 1:00
chorus 2 1:23
verse 3 1:53 (modulation) guitar plays theme; vocal ad lib.
chorus 3 2:13
outro 2:37-3:02 improvised vocal over fadeout and guitar/piano riffing on chorus
10,000 Hours
intro 0:00
verse 1 0:09
chorus 1 0:29
verse 2 0:56
chorus 2 1:17
bridge 1:49
chorus 3 2:02
outro 2:24-2:48 improvised vocal over guitar riffing on chorus
1BPM = beats per minute

2This section also functions like a chorus in FTB as is clear in the sheet music deposit copy
version.
-2-
While there are differences (such as the short bridge in 10K) the basic form is similar. One
unusual feature of FTB is that the verse also functions like a chorus later in the song, as
evidenced in the original lead sheet deposit copy where the lyrics and music of the first section
are repeated at the end.
c) Melodies
Following standard musicological procedure when comparing two or more works, in this and all
following examples, I have transposed each song to the same key (C major).
Example 1. Chorus of “10,000 Hours” and 1st verse/chorus of “First Time”
Example 1 provides the chorus of 10K and the verse/chorus of FTB. The melodies in each of
these sections reference the titles of the songs and, by containing the signature phrases, they can
be considered the most important sections of both songs. These eight measure sections are
constructed from four two-measure phrases. In the above example each phrase has been marked
and assigned a number 1-4. Notes and lyrics that match are red. Note that in both songs, the
sections end with the same hook phrase: “the rest of my life.”
As discussed in greater detail below, phrases 1 and 3 in both songs are virtually identical.
Phrases 2 and 4 begin with different pitches 3 for the first four notes but are virtually identical for
their remaining notes. The fourth phrase in each song ends with identical lyrics set to the same
melodies (pitches and rhythms). The only difference is an insignificant decorative embellishment
on the last syllables of 10K. The fourth and final phrase containing the words “the rest of my
3 “Pitch” is the frequency of a sound, generally perceived by the human ear as its highness or
lowness.
-2-

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3(+' '**&./+#-.
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4- ! - )$)"/# /$/' *! #.*)")/# $-+-*($) )/+' ( )///# "$))$)"*! #
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-2-
Example 3. Phrase 1 Signature phrases
When comparing melodies a common procedure is to convert each pitch to an integer. The C
major scale would thus be rendered as 1 to 7 where 1 = C, 2 = D, 3 = E, 4 = F, 5 = G, 6= A, and
7 = B.4
Pitch sequences in phrase 1

FTB 165632161 13
10k 1165632151233
In terms of pitch sequences, 9 of 11 or 82% of the notes in the signature phrases of FTB and 10K
match. Melody, of course, also includes durations, metric placement, and contour 5 as well as
pitch ordering, all of which are nearly identical in these songs.6
These phrases begin with an upward leap from the tonic (C) up to the 6th degree of the scale (A)
on beat one, a stepwise motion to the 5th (G) and return to the sixth (A) before a downward leap
to the 3rd (E) and stepwise descent to the tonic. The melodies continue similarly after a similar
gesture to a lower pivot or pick up note by returning to the tonic and landing on the third on the
last syllable. The slight difference in this very brief lower pivot note (on the words “a” and
“and”) is insignificant.
Slightly embellished and harmonized iterations of the signature phrase by the guitar appear in
FTB during the intro (see example 9) and a similar version is heard during the instrumental
section (1:53-2:12).
4 This is similar to the Western system of solfege, using numbers instead of the syllables do (1),
re (2), me (3), etc.
5 “Contour” refers to the shape of a melody as the pitches rise and fall.
6 The most authoritative reference work on music in the English language, the New Grove,
defines melody as “pitched sounds in musical time” and the Oxford Companion to Music defines
it as the “interaction of rhythm and pitch.” The Harvard and Oxford dictionaries of music further
explain that, along with pitch, duration (rhythm) is an essential element in the formation and
recognition of melodies.
--
If we compare the second phrase of FTB with the opening signature phrase of 10K, even more
pitches and notes match – 10 of 12 or 83%.
Example 4. signature phrases (second iteration in FTB)
Pitch sequences
FTB 165632161231
10k 1165632151233
As in example 3, the difference in the note at the end of the first full measure (set to the words
“we” in FTB and “and” in 10K) is insignificant because of its brevity, its similar pitch level (6 in
FTB and 5 in 10k), contour (skip down to 6 or 5), and function (a pivot or pickup into the second
part of the phrase). The musical gesture is the same and the miniscule difference in pitch of this
single brief note would be imperceptible to most listeners.7 Essentially, the only difference in
these phrases it the last pitch.
Phrase 2 compared
In the second phrase of each song, after the first 4 notes (5 notes in 10K including the initial
“oh”), the two phrases are identical for the last 8 notes except for a slight inflection on the last
word (“yours”) in 10K. In other words, 8 of the 12 notes (or 67%) in FTB appear in 10K.
Example 5 Phrase 2 comparison
7
As the only sixteenth notes, these notes have the shortest duration in the entire phrase.
-3-
Pitch sequences
FRB 165632161231
10K 56125321612321
Phrase 3 compared
The third phrase of each song closely mirrors the melody (pitches, rhythms, and metric
placement) of the first or signature/title phrase. 9 of 12 or 75% of the notes match.
Pitch sequences in phrase 3

FTB 165632161113
10k 11656321512343
Phrase 4 compared (hook phrase)

Similarly, phrase 4 in each song closely mirrors the melody (pitches, rhythms, and metric
placement) of phrase 2. Moreover, the fourth phrase in both songs ends with an identical hook:
the words “the rest of my life” set to the same melody (pitches, rhythms, and metric placement).
Example 6. Phrase 4 “hook” comparison
Again, duration and rhythmic placement are essential components of melody. These pitch
sequences are set to nearly identical rhythms and contours and placed identically in the meter.
Pitch sequences
FRB 165632161231
10K 561253216123121
The two added pitches (1 and 2) at the end of the phrase on the words “my” and “life” in 10K are
purely decorative with little melodic significance. As in the second phrase of both songs, out of
12 notes in FTB the last 8 (67% or 2/3) appear in 10K.
d) Harmonies
As discussed above, in both songs the title or signature theme of both songs are set to nearly
identical melodies. The harmony underlying these passages is given below.
-3-
Passages at issue (see example 7):

First Time |C |F C |
10,000 | C A-| F C |
As can be seen above both songs these passages are set to very similar chords and harmonic
rhythm. In the second measure the return to the tonic (C) is anticipated (played before the
downbeat).
In FTB the melodic passage at issue is also set to another harmonic progression (see example 8).
First Time |C | Bb F |
10,000 | C A- | F C |
e) Melody and accompaniment

In addition to the nearly identical melodies and similar harmonies, the songs share similar
accompaniment figures. As can be seen in examples 7 and 8, the drum patterns are similar.
Though not unusual, both use a steady stream of 8th-notes on the hi-hat and back beat on the
snare. More significantly, the kick or bass drum in the second measure of the pattern is sounded
on the “and” of two and the “and” of three. The bass in each song also follows this pattern.
Example 7. Melody and rhythm section parts
-3-
f) Finally, both songs share an important detail – the same five-note pickup figuration in the bass
and in the guitar (see example 8). While similar figurations appear in other songs, here it is
generally coupled with the signature phrase. This melodic phrase is contiguous with the signature
vocal melodies of each song.
Example 8. Melody and rhythm section parts with pickup figuration
In FTB this instrumental melodic phrase occurs in the intro, the verse8 and the central guitar
section. In 10K it occurs at the beginning of each chorus. As such, it is part and parcel of the
overall expression heard in these sections.
8As previously noted, this section also functions like a chorus as can be seen in the deposit copy
version.
-3-
10
This figuration also appears in the guitar and keyboard part of the intros of both pieces as seen
below. Example 9 provides the guitar, piano and vocal parts of the first two measures of each
song.
Example 9. Intros
First Time
10,000 Hours
The note heads in orange above indicate the signature phrase in FTB as it is played by the guitar
and keyboard during the intro. Similar phrases sounded by the guitar appear during the third
verse of “First Time.”
5. Quantitative Analysis
The signature phrase melody and hook phrase appear fourteen times FTB and at least eight times
in 10K (a variation appears in the last chorus). In FTB the signature phrase is heard twice
instrumentally in the intro, four times in the vocal of each of the two verses, and four times again
in the guitar during the last verse. These fourteen iterations comprise a total of 1:17 seconds in
the 3:02 song or approximately 42% of the entire length. In 10K the phrases at issue provide the
main theme of the choruses which account for 1:18 or approximately 46% of the total length of
the song (2:48).
-3-
11
6. Qualitative Analysis
Qualitatively, these themes are the most important expression in each song. The lyrics of the
titles are set to them (“The first time baby was a holiday” and “I’d spend ten thousand hours and
ten thousand more”). The phrases containing the words “for the rest of my life” that conclude
these sections form the hook of each song. In the popular music industry, it is an article of faith
that, to become successful, a song must have at least one “hook” or memorable passage. As the
title or signature phrases of each song, this distinctive expression in these sections must be
considered the “hooks” or most valuable parts of the songs. In FTB the signature melody also
appears at the very beginning of the composition and is the first expression heard by the listener
(see example 9). In 10K this content comprises the beginning of each chorus. The nearly
identical phrases on “...remember for the rest of my life” and “...hours or the rest of my life”
occur in the fourth phrase that conclude the sections. In assessing the overall value of musical
expression in a composition, the standard practice is to adjust the quantitative analysis according
to qualitative factors. In this case, because this expression is the most important in each song, the
quantitative value must be adjusted upward significantly.
7. Conclusions
The musical expression at issue in this case is significant both quantitatively and qualitatively to
each song. These signature phrases and hooks are distinctive and a prior art search has uncovered
no other songs nearly as similar to these songs as they are to each other. As discussed above, the
phrases occur repeatedly in both songs in important places and contain the lyrics referencing the
titles. These sections of both songs are constructed from four phrases and the rhythms and metric
placement of all four phrases match almost perfectly. The fourth concluding phrase ends with the
same words (“for the rest of my life”) set to the same melody. Overall, pitch sequences are
nearly identical, particularly in the first and third phrases and in the last 2/3 of phrases two and
four. Clearly, these sections and the phrases within them form the most valuable expression in
these compositions. In fact, at least as regards this core expression, First Time Baby and 10,000
Hours are practically the same song. Given the degree of similarity in these passages and other
details, I consider it almost impossible that 10K was created independently from FTB.
As a preliminary inquiry, this report is not intended to be exhaustive, and I retain the right to
amend or supplement it should further information become available.
Respectfully submitted,
Alexander Stewart, Ph.D. LLC
Attachments
Exhibit 1 MelodieV lyricsDQGUK\WKPV: signature phrases and hooks compared
Exhibit 2 “First Time Baby” Deposit Copy Sheet Music (1980)
Exhibit 3 “10,000 Hours” Sheet Music
Exhibit 4 Alexander Stewart, Ph.D. Curriculum Vitae
-3-
-3-
10,000 Hours
by
JASON BOYD, JESSIE JO DILLON,

JORDAN REYNOLDS, JUSTIN BIEBER,
SHAY MOONEY and DAN SMYERS
Published Under License From
Alfred Publishing Co., Inc.
© 2019 Beats and Banjos, Buckeye26, JReynMusic, WC Music Corp., Shay Mooney Music, Warner-Tamerlane Publishing Co., Bieber Time
Alfred Publishing Co. Inc., Universal Music Publishing Group, and BMG Rights Management
All Rights Reserved
$XWKRUL]HGIRUXVHE\$OH[DQGHU6WHZDUW
NOTICE: Purchasers of this musical file are entitled to use it for their personal enjoyment and musical fulfillment. However, any
duplication, adaptation, arranging and/or transmission of this copyrighted music requires the written consent of the copyright owner(s)
c
and of Alfred Publishing Co., Inc.. Unauthorized uses are infringements of the copyright laws of the United States and other countries
and may subject the user to civil and/or criminal penalties.
musicnotes.com
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Alexander Stewart
Department of Music E-mail: [email protected]
University of Vermont Office: (802) 656-7766
Burlington, VT 05405 Mobile: (802) 310-2009
EDUCATION
GRADUATE CENTER: THE CITY UNIVERSITY OF NEW YORK

Ph.D. in Music (Ethnomusicology Concentration), 2000
Dissertation: Composition and Performance in Contemporary New York City Big Bands
(1989-1999) Advisor: Stephen Blum
MANHATTAN SCHOOL OF MUSIC

Master of Music, Jazz and Commercial, 1991
LONG ISLAND UNIVERSITY, C.W. POST

B.F.A., summa cum laude, in Music Education, 1988
TEACHING EXPERIENCE
UNIVERSITY OF VERMONT
Professor, 2012-present
Associate Professor, 2005-2012
Assistant Professor, 1999-2005
Jazz Studies Coordinator, 2003-present
Director, Integrated Fine Arts Program, 2008-2012
Director, Latin American Studies Program, Spring 2006; 2011-16
LONG ISLAND UNIVERSITY, C.W. POST

Instructor in Music, 1988-1999
Director of Jazz Studies
Additional courses at:

The New School (Jazz and American Culture), 1995-1997
John Jay College of CUNY (History of Jazz and Rock), 1995
COURSES TAUGHT
Jazz History
Jazz Improvisation I & II
World Music Cultures
Seminar in Ethnomusicology
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Alex Stewart
Music Business & Copyright

Music Theory
Musical Avant-Gardes
Music of Cuba, Puerto Rico, and the Dominican Republic
Duke Ellington
Jazz Ensembles (Big Band and Combos)
Seminar in World Music (Honors College)
Music of Latin America and the Caribbean
Latin Jazz Summer Immersion
Culture and Politics of Latin American Protest Music (team taught with professors from Political
Science, Romance Languages, and Global Studies)
PUBLICATIONS
Books
Making the Scene: Contemporary New York City Big Band Jazz, Berkeley: University of
California Press, 2007.
Spanish translation from the French and German: Hans Bodenmann, El ABC de la Flauta Dulce.
Zurich: Anton Peterer Music & Books, 2003 (Recorder method book).
Forthcoming
“Music, Media, and Anarchism in the ‘Oaxaca Commune,’” In Oxford Handbook of Protest
Music, edited by Noriko Manabe and Eric Drott, New York: Oxford University Press [2022].
Articles, Book Chapters, Reviews, Entries
“Been Caught Stealing”: A Musicologist’s Perspective on Unlicensed Sampling Disputes”

University of Missouri Kansas City Law Review 83(2): 340-61 (Winter 2014).
“Make It Funky: Fela Kuti, James Brown and the Invention of Afrobeat.” American Studies
52(4) (2013): 99-118.
“La chilena mexicana es peruana: Multiculturalism, Regionalism, and Transnational Musical

Currents in the Hispanic Pacific.” Latin American Music Review/Revista de Música
Latinoamericana 34(1) (Spring 2013) Austin: University of Texas Press.
“‘Funky Drummer’: New Orleans, James Brown and the Rhythmic Transformation of American
Popular Music,” edited by Tom Perchard. Reprinted in From Soul to Hip Hop, Routledge 2017.
(originally published in Popular Music 19(3) October 2000 Cambridge University Press).
Popular Music.” Reprinted in Roots Music, edited by Mark F. DeWitt. London: Ashgate, 2011
(originally published in Popular Music 19(3) October 2000 Cambridge University Press).
Review of Ben Ratliff, Coltrane: The Story of a Sound. Jazz Perspectives 2(1):103-109 (2008).
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Alex Stewart
“Contemporary New York City Big Bands: Composition, Arranging, and Individuality in
Orchestral Jazz,” Ethnomusicology 48(2) (Spring/Summer 2004): 169-202.
Review of The New Grove Dictionary of Jazz in Ethnomusicology 47(3) (Fall 2003):376-80.
“Second Line,” Encyclopedia of Popular Music of the World. London: Cassell 2003.
Essay review of Lewis Porter, John Coltrane: His Life and Music. Annual Review of Jazz Studies
11, 2000-1 [2002]: 237-52.
Popular Music,” Popular Music 19(3) (Winter 2000): 293-318.
Review of Scott DeVeaux, The Birth of Bebop. Yearbook of Traditional Music 30 (1998): 135-7.
LECTURES, COLLOQUIA, CONFERENCE PAPERS
"Blurred Lines IV: Legal Considerations When Writing." Canadian Film Centre Slaight Music
Residency Panel Talk. Toronto, Canada. May 27, 2021
“Melody, ‘Beats,’ and Minimalism: Copyright in Contemporary Popular Music.” Substantial

Similarity and the Role of Forensic Musicology in Music Copyright Litigation. American
Musicological Society/Society for Music Theory Annual Meeting, Minneapolis, MN. November
15, 2020.
Silicon Flatirons Conference: The Future of Copyright Infringement Analysis in Music. Invited
panelist and Speaker. March 5, 2020, Colorado Law, University of Colorado, Boulder, CO.
Composition, Jazz Improvisation, and Copyright,” Jazz Educators Network (JEN) annual
conference, New Orleans, January 8, 2020
"Blurred Lines III: Legal Considerations When Writing." Canadian Film Centre Slaight Music
Residency Panel Talk. Toronto, Canada. August 7, 2019
"Blurred Lines II: Legal Considerations When Writing." Canadian Film Centre Slaight Music
“The Future of Sampling: Transformative Art or Copyright Infringement?” Alexander von

Humboldt Institute for Internet and Society, Berlin, Germany. February 28, 2018.
"Blurred Lines: Legal Considerations When Writing." Canadian Film Centre Slaight Music
“Creativity and Copyright,” Champlain College, November 11, 2015
Invited Speaker: Symposium on Hip Hop, Technology, and Copyright. Utah State University.
(March 28, 2015).
--
Alex Stewart
“Make It Funky: Fela Kuti, James Brown and the Invention of Afrobeat.” Annual Conference of
the American Studies Association. Washington DC, November 23, 2013.
“Creativity and Copyright,” Champlain College, October 25, 2013
“Lila Downs: Music, Culture, and Politics in Oaxaca, Mexico.” Pre-Concert Lecture. Flynn
Center for the Performing Arts. Burlington, VT. April 26, 2013.
“Music, Media, and Anarchism in the Oaxaca Commune” Paper presented at Music and War
Panel. AMS/SEM/SMT Annual Conference. New Orleans. Nov. 2, 2012.
“Pasos cromáticos en la improvisación del jazz (Chromatic Passing Tones in Jazz

Improvisation).” Lecture/workshop (in Spanish) at Instituto Projazz, Santiago, Chile. May 31,
2012.
“Musicology CSI: Sampling, Interpolation, and Copyright.” Thursdays at One

Performance/Lecture Series, UVM Music Department.
“Music, Media, and Anarchism in the ‘Oaxaca Commune,’” Presentation to University of

Vermont Global Village, 15 February 2011.
“Son de las barricadas: Protest song and revolution on Oaxaca’s Radio APPO.” Paper read at the
annual conference of Society for Ethnomusicology (SEM) in Los Angeles, CA, Nov. 2010.
“Son mexicano” OLLI (Osher Life Long Learning Institute). Pre-Concert Lecture Sones de
México, Lane Series 8 October 2010.
“Música popular and the Ideology of mestizaje in Postrevolutionary Mexico.” 1 October 2010,
UVM Hispanic Forum.
Musicology CSI: Sampling, Interpolation, and Copyright.” Invited lecture, State University of
New York (SUNY) Albany, 28 April 2010.
“La Chilena Mexicana: Transnational Musical Currents in the Hispanic Pacific” Global and
Regional Studies Lecture, 17 March 2010 Billings Marsh Lounge.
“Copyrights and Copywrongs: Introduction to Forensic Musicology” Invited lecture, State

University of New York (SUNY) Plattsburgh, 11 March 2010.
FLYNNsights: Lecture on Charles Mingus opening the residency of the Mingus Repertory
Ensembles (Mingus Dynasty, Mingus Orchestra, and Mingus Big Band along with dance troupe
choreographed by Danny Buraczeski at the Flynn Center for the Performing Arts. 17 October
2010.
“Supergenre, genre, subgenre: Mexican son and the chilena complex.” Paper presented at the
annual conference of the Society for Ethnomusicology (SEM) in Mexico City, November 2009.
-5-
Alex Stewart
“Socialismo con pachanga: Music in Revolutionary Cuba.” Hispanic Forum, University of

Vermont, 22 October 2009.
“Performing Race: Afro-Mexicans and Multiculturalism in Oaxaca’s Guelaguetza.” Paper

presented at the Latin American Studies Association (LASA) XXVIII International Congress,
“Rethinking Inequalities” Rio de Janeiro, Brazil, 12 June 2009.
La chilena oaxaqueña: “El gusto de mi region.” Paper presented at the annual conference of the
Sonneck Society for American Music (SAM), Denver, CO, 19-22 March 2009.
Insights FlynnArts. Pre-concert lecture on Maria Schneider and her Orchestra. 22 January 2009.
Amy E. Tarrant Gallery at the Flynn Center for the Performing Arts.
“Performing Race: Afro-Mexicans and Multiculturalism in Oaxaca’s Guelaguetza Festival.”

Paper presented at the annual meeting of the Society for Ethnomusicology (SEM), Wesleyan
University, Middletown, CT, 28 October 2008.
“La Danza de las Diablas”? Race, Gender, and Local Identity in Afro-mestizo communities of
Mexico’s Costa Chica. Paper presented at the annual meeting of the Society for
Ethnomusicology (SEM), Columbus, OH, 28 October 2007.
“Son de las Barricadas”: Songs of Protest from the Spanish Civil War to the Present on
Oaxaca’s Radio APPO.” Hispanic Forum, University of Vermont, 10 October 2007.
“Cross-Cultural Learning through Music and Dance: A UVM Class in Guantánamo, Cuba.”
Presentation to the UVM College of Arts and Sciences Advisory Board, April 2004.
“Beauty and the Beast: Maria Schneider’s Wyrgly.” Paper presented at special session of the
joint meetings of Society for Music Theory (SMT) and the American Musicological Society
(AMS), “Women in Jazz: Voices and Roles,” Columbus, OH, 1 November 2002.
“On the Edge: Sue Mingus and the Mingus Big Band.” Colloquium at the University of Illinois
(Urbana and Champaign), 6 March 2002.
“Blood on the Fields: Wynton Marsalis and the Transformation of the Lincoln Center Jazz
Orchestra.” Paper read at the 2001 annual meeting of the Society for Ethnomusicology (SEM),
Detroit, October 2001.
“The Jazz Concerto as Collaborative Work: Jim McNeely’s ‘Sticks.’” Paper read at the joint
meeting of the Society for Music Theory (SMT) and other major music societies in Toronto, 4
November 2000.
“New York City Big Bands and the Professional Jazz Musician.” Paper read at the annual
meeting of the Society for Ethnomusicology (SEM) in Bloomington, IN, 24 October 1998.
“From Mardi Gras to Funk: Professor Longhair, James Brown and the Transformation of
Rhythm and Blues.” Paper read at joint meeting of the Society for Ethnomusicology (SEM) and
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Alex Stewart
the International Association for the Study of Popular Music (IASPM) in Pittsburgh, PA,
October 1997.
GRANTS AND AWARDS

Coor Collaborative Fellowship, Rethinking African Art. 2020-2021.
UVM Humanities Center Public Humanities Fellowship for sabbatical travel to Uganda. 2019.
International Travel Funds Award. College of Arts and Sciences. Travel to and residency in
Uganda. Jazz Performance and Workshops; Research in Traditional Music. October and
November 2019.
Interdisciplinary Experiential Engagement Award for course proposal, Culture and Politics of
Latin American Protest Music, to be taught in collaboration with Political Science, Romance
Languages, Global Studies, and Music Departments. January 2013.
Lattie F. Coor Award for International Travel to present paper and chair panel at the Society for
Ethnomusicology conference (SEM) Mexico City. November 2009.
Joan Smith Faculty Research Support Award Performing Race: Afro-Mexicans,

Multiculturalism, and the “Black Pacific.”
Lattie F. Coor Award for International Travel to present paper at the Latin American Studies
Association (LASA) Congress in Rio de Janeiro, Brazil. June 2009.
Fulbright Research Fellowship to Mexico, Afro-Mexican music, 2006-7.
Award for Contribution to Vermont Jazz Education, presented by Wynton Marsalis and the
Flynn Center for the Performing Arts, October 2005.
UVM Arts and Sciences Dean’s Fund for Faculty Development (to initiate fieldwork in the Costa
Chica of Mexico), Fall 2005.
UVM Humanities Center Research Grant, Spring 2004.
UVM Global Outreach Committee Grant, March 2003.
UVM Arts and Sciences Faculty Development Grant for study in Cuba, May 2002.
2001 Barry S. Brook Award for best dissertation in music CUNY.
CUNY Dissertation Year Fellowship 1998-1999.
MUSIC COPYRIGHT & RELATED
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Alex Stewart
Expert Report in Bridgeport Music, Inc. v. Dimension Films, 410 F.3d 792 (6th Cir. 2005). Case
recognized as setting new “bright line” standard for use of samples of copyrighted recordings.
Testimony in trial in Federal District Court, Nashville TN, Case No. 3:01-780, Bridgeport Music
v. Universal Music. February 2007. “Atomic Dog” and “D.O.G. in Me.” Affirmed by US Sixth
Circuit Court of Appeals, No. 07-5596, November 4 2009. Case examined issues concerning
fragmented literal similarity, originality, and fair use.
Testimony in Federal District Court, Nashville, TN Case No. 3:01-0155 involving rap artist, the
Notorious B.I.G and the Ohio Players. (March 2006). Affirmed by US Sixth Circuit Court of
Appeals, No. 06-6294, October 17 2007.
Testimony by Deposition (for the Plaintiff), Case No. 1:09-cv-21597-DLG (Florida Southern
District Court) Kernel Records Oy v. Timothy Z. Mosley p/k/a Timbaland, UMG Recordings,
Inc, et al. New York City, May 27, 2010.
Testimony by Deposition (for the Defense), Case No. 37-2008-00098508-CU-BT CTL

(California Southern District Court) Sixuvus v. Victor Willis, New York City, July 7, 2010.
Testimony by Deposition (Los Angeles, September 2011). Case No. 10-CV-08123 Phoenix
Phenom v. William Adams, Jr. Stacy Ferguson, et. al.
Testimony by Deposition (New York City, January 2012). Case No. SACV10-1656JST(RZx)
Pringle v. William Adams, Jr. Stacy Ferguson, et. al.
Testimony by Deposition (New York City, June 3, 21, 2013). Case No. CV12-5967
VMG Salsoul, LLC v. Madonna Ciccone, Shep Pettibone, et al.
Testimony by Deposition (New York City, September 11, 2013). 11-cv-6811. Marino v. Usher.
Testimony by Deposition (Burlington, VT, May 20, 2015). RALEIGH, NC #301280 Absent
Element v. Daughtry.
Testimony by Deposition (Burlington, VT, May 17, 2016) and in Trial (June 17, 2016) Federal
District Court, Los Angeles Case No. 15-cv-03462 RGK (AGRx). Skidmore v. Led Zeppelin, et
al.
Testimony by Deposition (New York, NY, November 3, 2017) Supreme Court of the State of
New York, Index No. 650427/2016. Pai v Blue Man Group Publishing, LLC, et al.
Testimony by Deposition (New York, NY, May 30, 2018) Griffin v. Sheeran. 1:17-cv-05221
New York Southern District Court
Testimony by Deposition (Burlington, VT, January 2, 2020). Beatbox Music Pty, Ltd. v.
Labrador Entertainment, et al. Case No. 2:17-cv-6108. Central District of California.
Testimony by Deposition (Burlington, VT, May 27, 2020). Smith v. Tesfaye. Case No. 2:19-cv-
02507-PA-MRWx Central District of California.
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Alex Stewart
Testimony by Deposition (Burlington, VT, November 1, 2021). SA Music, LLC v. Apple, Inc. et
al. Case No. 20-cv-02146-WHO (JSC), (N.D. Cal. Aug. 11, 2021.
Los Angeles: Warner Bros. Entertainment Inc.; Universal Music Group; Hiscox Insurance Co.;
Clair G. Burrill P.C.; Sheppard Mullin Richter & Hampton LLP; Doniger Burroughs, APC; Pen
Music Group; Microhits; Robert S. Besser Law Offices; Foran Glennon; etc.
New York: BMG Group; Schwartz Ponterio & Levenson, PLLC; Grubman Shire & Meiselas,
P.C.; Eisenberg Tanchum & Levy; Sample Clearance Limited; Lastrada Entertainment
Company; etc.
Nashville: King and Ballow; Riser House Entertainment, LLC; DeSalvo Law Firm, PLLC;
Beckett Law Office; etc.
Elsewhere: K & L Gates (London); Schwartz Cooper (Chicago); Brooks Pierce (Raleigh NC);
Frank & Rice (Florida); Francis Alexander, LLC (Philadelphia); Rawson Merrigan & Litner
(Boston); Koepple Traylor (New Orleans); JPMC (Burlington VT); Kile Goekjian McManus
(Washington DC); Arent Fox LLP (Washington DC) Gould Law Group (Chicago); Richardson
Patrick Westbrook & Brickman, LLC (Mt. Pleasant SC); Hall Booth Smith & Slover (Atlanta);
Miller Canfield Paddock & Stone (Detroit); King Mesdag Music Publishing Limited (United
Kingdom); as well as clients in Canada, Australia, Indonesia, Hong Kong, India, United Arab
Emirates, Latin America and Europe.
Classes and seminars in Music Business and Copyright (see above for details)
Symposium on Music Copyright. University of Vermont, January 2003.
SELECTED RECORDINGS
Early Heroes, Dan Silverman. Section playing and solo on Chares Mingus’ The Shoes of the
Fisherman's Wife…Around the Slide Recordings 02 (2018).
Rick Davies Thugtet – Tenor saxophone Emlyn Music EM 1003 (2017)
Rick Davies and Jazzismo, Salsa Norteña, - Tenor saxophone (Recorded in Montreal 2011
(2012).
New York Jazz Repertory Orchestra, Le Jazz Hot, featuring Dave Liebman and Vic Juris. Planet
Arts 310976 - Baritone saxophone, bass clarinet (2009).
Rick Davies and Jazzismo, Siempre Salsa, featuring Wayne Gorbea. Emlyn Music EM1001 -
Tenor saxophone (2006).
Anne Hampton Callaway, To Ella with Love, featuring Wynton Marsalis, Christian McBride,
Lewis Nash, Cyrus Chestnut. Touchwood Records TWCD 2006 - Tenor saxophone and clarinet
(1998).
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Alex Stewart
Peter Herborn, Large, featuring Gene Jackson, Greg Osby, Robin Eubanks, and others. Jazzline
JL1154-2 – Baritone saxophone and bass clarinet (1998).
Billy Stritch, Waters of March: The Brazilian Album. Sin Drome SD8950 - Tenor saxophone and
flute (1998).
Dave Stryker, Nomad, featuring Randy Brecker and Steve Slagle. Steeplechase Records
SCCD31371 - Baritone saxophone and bass clarinet (1997).
Frankie Lane: Wheels of a Dream. Touchwood Records TWCD 2020 - Tenor saxophone, flute,
and alto flute (1997).
The Bill Warfield Band, The City Never Sleeps. Seabreeze Records CDSB 2048 - Baritone
saxophone and bass clarinet (1996).
SELECTED PERFORMANCES: JAZZ AND LATIN
Burlington Discover Jazz Festival Big Band (Music Director, Contractor, Performer)
Birth of the Cool: Music by the Miles Davis Nonet. Featuring Ray Vega, trumpet. Performances
in June 2012 (BDJF), and in September 2012 (UVM), and May 2013 (SUNY Plattsburgh).
Textures: Jim Hall with Brass featuring the Jim Hall Trio (Jim Hall, guitar, Scott Colley, bass
and Joey Baron, drums) with brass ensemble, Alex Stewart, conductor. Flynn MainStage, 2010
Burlington Discover Jazz Festival.
Paquito D’Rivera Funk Tango. Produced, co-directed, and played saxophone in concert on Flynn
MainStage with 17-piece orchestra with guests: Paquito D’Rivera, alto saxophone; Diego
Urcola, trumpet; Alex Brown, piano; Massimo Biocalti, bass; Mark Walker, drums; and special
guest Ray Vega, trumpet. Burlington Discover Jazz Festival (1 June 2008). Reviews in Free
Press, AllAboutJazz, and other media.
Mary Lou Williams Resurgence with Cecilia Smith, vibraphone and Amina Claudine, piano,
2007 Burlington Discover Jazz Festival, Flynn Center.
Music of Jim McNeely with special guest Jim McNeely, piano 2006 Burlington Discover Jazz
Festival, Flynn Center.
Sketches of Spain: Celebrating the Miles Davis/Gil Evans Collaboration with trumpeter Randy
Brecker and guest conductor, Joe Muccioli 2005 Burlington Discover Jazz Festival, Flynn
Center.
The Grand Wazoo: Music of Frank Zappa, with Ernie Watts, Napoleon Murphy Brock, Ike
Willis, and Ed Palermo 2004 Burlington Discover Jazz Festival, Flynn Center.
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Alex Stewart
Duke Ellington Sacred Concert, with David Berger, Priscilla Baskerville, Paul Broadnax, and
100-voice Choir, 2003 Burlington Discover Jazz Festival, Flynn Center
Jazz and Latin
Solo Recital: Chasin’ the ’Trane: Music of John Coltrane. UVM Southwick Recital Hall,
Septenber 27, 2018.
Concert: Ray Vega & the Burlington Latin Jazz Orchestra, FlynnSpace, August 9, 2018.
Recital: Ray Vega & the Burlington Latin Jazz Orchestra, UVM Southwick Recital Hall,
October 21, 2018.
Chasin’ the Trane: Homage to John Coltrane, with Ray Vega, trumpet. Juniper, Hotel Vermont,
2018 Burlington Discover Jazz Festival June 7 and July 18, 2018.
Chasin’ the Trane: Homage to John Coltrane, with Ray Vega, trumpet. Light Club Lamp Shop,
Burlington VT, July 26, 2018
Performances of Alex Stewart Quartet on Jazz Wednesdays at Juniper (Hotel Vermont), Lamp
Shop Light Club (some performances featured special guest Ray Vega, trumpet), 2018.
Featured soloist – SUNY Plattsburgh Jazz Festival December 2013.
James Harvey and Garuda – opening act for Randy Weston in Discover Jazz Festival (2004);
numerous other performances around region.
Beboparaka (featuring poetry of Amiri Baraka) andJazzLit.com – jazz and poetry collaborations
with UVM professors Major Jackson, Tina Escaja, John Gennari and UVM students.
Performances at the Discover Jazz Festival and local venues. Coverage in the Burlington Free
Press and Vermont Quarterly (2005, 2006).
Grupo Sabor (Salsa and Merengue) – Performances in UVM’s Grand Maple Ballroom and
Brennan’s Pub for Alianza Latina (2010), Higher Ground, Burlington; Red Square; Eclipse
Theater, Waitsfield; Onteora Club, New York; Burlington Latino Festival (2001-present).
Performances with UVM jazz faculty (Jeff Salisbury, Joe Capps, Paul Asbell, Patricia Julien,
Ray Vega, John Rivers, Tom Cleary, Rick Davies, Steve Ferraris) at recitals, concerts, and other
events (1999-present).
The Lionel Hampton Orchestra; featured artists: Dizzy Gillespie, Dee Dee Bridgewater, and
others. Extensive tours of Europe and North America and appearances at major jazz festivals
including: North Sea, Nice, Montreal, Newport (NY and Saratoga), Biarritz (1989-1991).
The Bill Warfield Band, The Dorsey Brothers Orchestra, David Berger, Paquito D’Rivera, Clem
DeRosa, Bobby Shew, David Liebman, Andy Farber, Stan Rubin, Lew Anderson, Billy Mitchell,
Roland Hanna, Lew Soloff, Randy Brecker and many more (1985-1999).
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Alex Stewart
The Lehigh Valley Repertory Jazz Orchestra: Sketches of Spain featuring Randy Brecker, An
Evening with David Liebman, A Tribute to Benny Goodman featuring Buddy DeFranco, and
Celebrating Louis Armstrong featuring Jon Faddis (1997-2000).
Rick Davies & Jazzismo
Burlington Latin Jazz Orchestra, directed by Ray Vega, FlynnSpace, August 9, 2018
Featured Performer: Jazz Education Network Conference, San Diego, CA January 2015.
Workshops and concerts, Colectivo Central, Oaxaca, Mexico. June, July 2011.
With guest pianist/composer Arturo O’Farrill (and sons, Zachary, percussion and
Adam, trumpet), FlynnSpace. 2010, 2011, 2012, 2013, 2014, 2015, 2017, 2017. With Jonathan
Maldonado, drums, and Papo Ross, vocals and alto saxophone, 2009.
With guest artist Ray Vega, FlynnSpace (July 2003, 2004, 2005, 2006, 2007, 2008).
Appearances at SUNY Plattsburgh Jazz Festival (with Harvie S., 2002; with Chocolate
Armenteros 2003; with Ray Vega 2008, 2011; with Curtis Fowlkes 2010 ); Red Square and other
venues.
Oaxaca, Mexico: Colegio Teizcali, Colectivo Central, Spring 2007.
SELECTED PERFORMANCES: POPULAR AND BLUES
Frankie Valli, Ray Charles (Sweden 1999), Mary Wells, Frankie Avalon (Atlantic City), The
Drifters, Funk Filharmonik, The Funk Collection, Nick Apollo Forte, Little Wilson, Sandra
Wright Band, Jimmy Branca and the Red Hot Instant Combo, Dave Grippo Funk Band, and
others (1985-present).
Contractor, musical director. Joan Rivers. Flynn Center for the Performing Arts. April 26, 2012.
Orchestra contractor with Bernadette Peters at the Flynn Center of the Arts October 2011.
CLINICS AND GUEST CONDUCTING
Guest Conductor, Connecticut Valley District Jazz Festival, January 30-31, 2015.
Guest Conductor, Winooski Valley Jazz Festival, February 4-5, 2010.
Adjudicator/Clinician, Vermont All-State Festival, International Association of Jazz Educators

(IAJE): 2000-2003.
Guest Conductor, Nassau County (Long Island) All-County Jazz Festival, 1997.
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Alex Stewart
MEMBERSHIPS
American Musicological Society (AMS)
Society for Ethnomusicology (SEM)
Society for American Music (Sonneck)
Latin American Studies Association (LASA)
Friends of Indian Music and Dance (FIMD), Burlington VT
Burlington Discover Jazz Festival Advisory Board
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Melomega v. Bieber

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Case 2:22-cv-02650 Document 1 Filed 04/21/22 Page 1 of 24 Page ID #:1

1 TRE LOVELL, State Bar No. 162806

COMPLAINT FOR COPYRIGHT INFRINGEMENT

company; BIG ASS PILE OF DIMES )

1 SHAY MOONEY MUSIC, BIEBERTIME PUBISHING, LLC dba BIEBER TIME

1 6. Defendants have profited considerably from their exploitation of

1 13. Defendant JASON BOYD (“Defendant Boyd”) is an individual and,

1 10,000 Hours musical composition identify Warner-Tamerlane as a copyright

1 information and belief, Defendant Jreyn operates by and through Defendant

Plaintiff’s Song The First Time Baby Is A Holiday

1 measured in monetary terms. Melomega has no adequate remedy at law. Pursuant to

Alexander Stewart, Ph.D. LLC

April , 2022

1BPM = beats per minute

Example 1. Chorus of “10,000 Hours” and 1st verse/chorus of “First Time”

'$! 5) *).$ - )$(+*-/)/#**&$) #.*)".$/ 3+'$)./# .$")$!$) *!/# /$/' .

)!//# -#4/#(.)( /-$+' ( )/*!''!*0-+#-. .- 1$-/0''4$ )/$'.)

3(+'  #4/#()( /-$+' ( )/*(+- 

*-''$)/ )/.)+0-+*. ./# ( '*$ .)( '*$./-0/0- *!/# #*-0.)1 -. #*-0.

   

Example 3. Phrase 1 Signature phrases

Pitch sequences in phrase 1

Example 4. signature phrases (second iteration in FTB)

Example 5 Phrase 2 comparison

Pitch sequences in phrase 3

Phrase 4 compared (hook phrase)

Example 6. Phrase 4 “hook” comparison

Passages at issue (see example 7):

e) Melody and accompaniment

Example 7. Melody and rhythm section parts

Example 8. Melody and rhythm section parts with pickup figuration

Alexander Stewart, Ph.D. LLC

JASON BOYD, JESSIE JO DILLON,

Published Under License From

Alfred Publishing Co., Inc.

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April , 2022

'$! 5) ).$ - )$(+-/)/#**&$) #.)".$/ 3+'$)./# .$")$!$) !/# /$/' .

)!//# -#4/#(.)( /-$+' ( )/!''!0-+#-. .- 1$-/0''4$ )/$'.)

3(+' #4/#()( /-$+' ( )/*(+-

-''$)/ )/.)+0-+. ./# ( '$ .)( '$./-0/0- !/# #-0.)1 -. #*-0.

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