UNITED STATES DISTRICT COURT FOR THE

MIDDLE DISTRICT OF NORTH CAROLINA

CHRISTOPHER ADAM
DAUGHTRY,
Plaintiff,
vs.
RYAN ANDREWS, SCOTT
CRAWFORD and MARK PERRY,
Defendants.

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CASE NO.: 1:14-cv-984

COMPLAINT FOR DECLARATORY
JUDGMENT REGARDING
AUTHORSHIP AND OWNERSHIP OF
COPYRIGHTS
DEMAND FOR A JURY TRIAL

NOW COMES, Plaintiff CHRISTOPHER ADAM DAUGHTRY (Plaintiff) ,

by and through counsel, and pursuant to Rule 57 of the Federal Rules of Civil Procedure
and the provisions of 28 U.S.C. 2201, and alleges the following claims against
Defendants RYAN ANDREWS, SCOTT CRAWFORD and MARK PERRY
(Defendants) as follows:
PARTIES
1.

Plaintiff Christopher Adam Daughtry is an individual currently residing in

Charlotte, North Carolina. At the time of the acts alleged herein, Plaintiff resided in
Greensboro, Guilford County, North Carolina.
2.

Defendant Ryan Andrews (Andrews) is and at all times relevant hereto

was an individual residing in Guilford County, North Carolina.

3.

Defendant Scott Crawford (Crawford) is and at all times relevant hereto

was an individual residing in Guilford County, North Carolina.

4.

Defendant Mark Perry (Perry) is and at all times relevant hereto was

an individual residing in Guilford County, North Carolina.

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JURISDICTION AND VENUE

5.

This Court has exclusive original jurisdiction over the subject matter of this

action pursuant to 28 U.S.C. 1338 because the claims seek a declaration of ownership
of the copyrights to certain musical compositions based on authorship and, therefore,
the claims arise under the Copyright Act, 17 U.S.C. 101 et seq.
6.

Venue is proper in this Court pursuant to 28 U.S.C. 1391(b)(1) &

1400(b) because Defendants reside in this judicial district.

FACTUAL ALLEGATIONS
7.

Prior to June 2006, the parties were members of a band named Absent

Element. As Absent Element, the parties recorded an album entitled Uprooted. Uprooted
contained seven songs, i.e., Breakdown, Conviction, Keep Me Close, Weaker Side, So I
Lie Awake, Let Me In and Seven 4.
8.

On April 4, 2006, Defendants wrongfully filed, without Plaintiffs

knowledge or consent, a copyright registration in the United States Copyright Office,

under Registration Number SR0000386167, claiming that the parties were the coauthors of all lyrics, music and performance on all 7 songs per 37 CFR 202.3(b)(3).
Plaintiff was not aware of the registration when it was filed and Defendants never
discussed the registration with Plaintiff or obtained Plaintiffs authorization to register
the works prior to filing the registration or at any time subsequent thereto. Plaintiff first
learned of the copyright registration in or about March 2012.
9.

Although Plaintiff does not dispute that the parties jointly recorded the

songs on the Uprooted album and are equal co-owners of the copyrights in the sound
recordings embodied on the album, Defendants did not co-author the music or lyrics for
the songs as set forth in the copyright registration that they filed.

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10.

Plaintiff is the sole author of the music and lyrics for the songs Breakdown,

Conviction, Keep Me Close and Weaker Side. As the sole author of these songs, Plaintiff
is the sole original owner of the copyrights in the musical compositions to the songs.
11.

Plaintiff and Perry jointly authored the music and lyrics for the songs So I

Lie Awake and Let Me In. As co-authors, Plaintiff and Perry each own equal undivided
interests in the copyrights to the musical compositions in So I Lie Awake and Let Me In
such that each has a 1/2 ownership interest in the copyrights to the musical compositions.
12.

Plaintiff, Andrews and Perry jointly authored the music and lyrics for the

song Seven 4. As co-authors, Plaintiff, Andrew and Perry each own equal undivided
interests in the copyrights to the musical compositions in the songs such that each has a
1/3 ownership interest in the copyrights to the musical compositions.
13.

Plaintiff has never executed a memorandum, contract or any other written

instrument transferring any interest in the copyrights to the musical compositions or the
sound recordings identified herein to any of the Defendants.
14.

Plaintiff has filed a correction with respect to Registration Number

SR000386617 by filing a Form CA with the United State Copyright Office on or about
January 31, 2013, wherein Plaintiff informed the Copyright Office that [n]ot all authors
of the sound recording co-authored lyrics and music of each song on the album.
15.

To further correct the fraudulent registrations that Defendants filed with

the Copyright Office, Plaintiff has registered each of the individual songs embodied on
Uprooted by filing a Form PA with the Copyright Office, identifying the proper
ownership interests in the copyrights to the musical compositions on the Uprooted album.
Those registrations are identified as follows: Breakdown (SR#1-886777031), Conviction
(SR#1-88677182), Keep Me Close (SR#1-886777208), Weaker Side (SR#1-886777243),
So I Lie Awake (SR#1-886777288), and Seven 4 (SR#1-88653340). These registrations

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reflect the proper ownership interests and authorship of the musical compositions
embodied in the Uprooted album.
16.

Plaintiff is informed and believes, and based thereon alleges, that

Defendants dispute Plaintiffs contentions with respect to the true authorship of the
musical compositions Breakdown, Conviction, Keep Me Close, Weaker Side, So I Lie
Awake, Let Me In and Seven 7, and the parties respective ownership of the copyrights to
the songs.
CLAIM FOR DECLARATORY JUDGMENT
17.

Plaintiff hereby incorporates the allegations set forth in paragraphs 1

through 16, inclusive, as if set forth here in full.

18.

As a result of the foregoing, there is an actual, justiciable and substantial

controversy between Plaintiff and Defendants arising under the Copyright Act, 17 U.S.C.
101 et seq. As a result of this dispute, Plaintiff seeks a declaration of ownership based
on authorship of the underlying works, which is a claim that arises under federal
copyright law and falls within the exclusive jurisdiction of the federal courts.
19.

This action is ripe for declaratory judgment pursuant to Rule 57 of

the Federal Rules of Civil Procedure as authorized by 28 U.S.C. 2201. A final ruling by
this Court will determine the ownership based on authorship of the underlying works and
will settle the controversy as to each partys ownership of the underlying works.
20.

Plaintiff brings this claim for a judgment declaring that Defendants did not

jointly author all music and lyrics in the songs on Uprooted, and are not equal co-owners
of the copyrights to the musical compositions on Uprooted, and that they do not hold
equal undivided interests in the copyright and publishing rights to the musical
compositions Breakdown, Conviction, Keep Me Close, Weaker Side, So I Lie Awake, Let

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Me In and Seven 4, and that Defendants are barred from so contending.

21.

Plaintiff further seeks a judgment declaring that Plaintiff is the sole author

of the musical compositions Breakdown, Conviction, Keep Me Close and Weaker Side,
and that he is the sole original owner of the copyrights to the musical compositions.
22.

Plaintiff further seeks a judgment declaring that Plaintiff and Perry jointly

authored the music and lyrics for the songs So I Lie Awake and Let Me In and, as coauthors, Plaintiff and Perry each own equal undivided interests in the copyrights to
the musical compositions in the songs such that each owns a 1/2 ownership interest in
the copyrights to the musical compositions.
23.

Plaintiff further seeks a judgment declaring that Plaintiff, Andrews and

Perry jointly authored the music and lyrics for the song Seven 4 and, as co-authors,
Plaintiff, Andrews and Perry each own equal undivided interests in the copyrights to
the musical compositions in the songs such that each owns a 1/3 ownership interest in
the copyrights to the musical compositions.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court grant him relief as
follows:
1.

For a judgment declaring that Defendants did not jointly author all music

and lyrics in the songs on Uprooted, and are not equal co-owners in the copyrights in
the songs on Uprooted, and that they do not hold equal undivided interests in the
copyright and publishing rights to the musical compositions Breakdown, Conviction,
Keep Me Close, Weaker Side, So I Lie Awake, Let Me In and Seven 4, and that Defendants
are barred from so contending;
2.

For a judgment declaring that Plaintiff is the sole author of the musical

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compositions Breakdown, Conviction, Keep Me Close and Weaker Side, and that he is
the sole original owner of the copyrights to the musical compositions;
3.

For a judgment declaring that Plaintiff and Perry jointly authored the music

and lyrics for the songs So I Lie Awake and Let Me In and, as co-authors, Plaintiff and
Perry each own equal undivided interests in the copyrights to the musical compositions in
the songs such that each own a 1/2 ownership interest in the copyrights to the musical
compositions;
4.

For a judgment declaring that Plaintiff, Andrews and Perry jointly wrote

the music and lyrics for the song Seven 4 and, as co-authors, Plaintiff, Andrews and Perry
each own equal undivided interests in the copyrights to the musical compositions in
the songs such that each own a 1/3 ownership interest in the copyrights to the musical
compositions;
5.

For a judgment awarding Plaintiff the costs of this action, together with

reasonable attorneys fees;

6.

For a trial by jury on all issues in this action, including on all claims set

forth in the Complaint and on any defenses that may be raised in response thereto; and
7.

For such other and further relief, whether legal or equitable, to which

Plaintiff is entitled.

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This 24th day of November, 2014.

/s/ David L. Brown

David L. Brown, Esq.
N.C. State Bar Number 18942
dbrown@nelsonbrownco.com
NELSON BROWN & CO.
800 Green Valley Road, Suite 302
Greensboro, North Carolina 27408
Telephone: (336) 419-4900
Facsimile: (336) 419-4950
Attorney for Plaintiff Christopher Adam Daughtry
-andLeon Gladstone, Esq.
California State Bar Number 70967
lgladstone@gladstonemichel.com
Pro Hac Vice Application To Be Filed
Anthony DiPietra, Esq.
California State Bar Number 235994
adipietra@gladstonemichel.com
Pro Hac Vice Application To Be Filed
GLADSTONE MICHEL WEISBERG
WILLNER & SLOANE, ACL
4551 Glencoe Avenue, Suite 300
Marina del Rey, CA
Telephone: (310) 821-9000
Facsimile: (310) 775-8775
Attorneys for Plaintiff Christopher Adam Daughtry

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