*"^/l

JS44C/SDNY

umjiiy

CIVIL COVER SHEET

REV. 4/2014

15 W 00338

The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of

pleadings or other papers as required by law, except as provided by local rules of court. This form, approyrfAMe 4 C <VVt
Judicial Conference of the United States in September 1974, is required for use of the Clerk of Court for \mporpase 4f VJ \J| Q
initiating the civil docket sheet.
DEFENDANTS

PLAINTIFFS
SHENANZHU LLC d/b/a THE DINER

CAMBRIA COMPANY LLC, SPACE150, LLC, WILLIAM JUREWICZ, DAVID

DENHAM, MARK DAVIS AND MARTIN DAVIS and JOHN AND JANE DOES 1
THROUGH 100, all whose true names are unknown

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER

ATTORNEYS (IF KNOWN)

Law Office of Robert Steckman, P.C.

111 John Street, Suite 800
New York, NY 10038

CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OFCAUSE)
(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

Copyright Infringement pursuant to 17 U.S.C. 106 and 501; Unjust Enrichment

Has this action, case, or proceeding, or one essentially the same been previously filed in SDNY at any time? NoZVesLJjudge Previously Assigned
If yes, wasthis case Vol. f~] Invol. f~j Dismissed. No f~j Yes f~j If yes, give date.
IS THIS AN INTERNATIONAL ARBITRATION CASE?

NO [~J

& Case No.

YeS [~J
NATURE OF SUIT

(PLACE AN [x] IN ONE BOXONLY)

ACTIONS UNDER STATUTES

PERSONAL INJURY

BANKRUPTCY

OTHER STATUTES

PHARMACEUTICAL PERSONAL , , 625 DRUG RELATED

INJURY/PRODUCT LIABILITY
SE|ZURE QF PR0PERTY

[ ] 422 APPEAL

[ ] 375 FALSE CLAIMS

[ ] 400 STATE

[ ] 365 PERSONAL INJURY

[ ] 423 WITHDRAWAL

PERSONAL INJURY

FORFEITURE/PENALTY

[ ] 367 HEALTHCARE/
[
[
[
[

] 110
] 120
]130
] 140

INSURANCE
MARINE
MILLER ACT
NEGOTIABLE

[ )310 AIRPLANE

[ ] 315 AIRPLANE PRODUCT

LIABILITY

[ ] 320 ASSAULT, LIBEL &

INSTRUMENT

[ 1150

RECOVERY OF
OVERPAYMENT &

EMPLOYERS'

ENFORCEMENT

LIABILITY

OF JUDGMENT

[ ] 151
[ ] 152

MEDICARE ACT
RECOVERY OF
DEFAULTED
STUDENT LOANS

[ ] 153

SLANDER

[ ] 330 FEDERAL

[ ] 340 MARINE
[ ] 345 MARINE PRODUCT
LIABILITY

[ ] 350 MOTOR VEHICLE

[ ] 355 MOTOR VEHICLE

OF VETERAN'S

INJURY

[ ] 362 PERSONAL INJURY MED MALPRACTICE

BENEFITS

190
195

196 FRANCHISE

REAL PROPERTY

CIVIL RIGHTS

[ ]440 OTHER CIVIL RIGHTS

(Non-Prisoner)

LAND

FORECLOSURE

RENT LEASE &

EJECTMENT

[ ]290

M 820 COPYRIGHTS
[ ] 830 PATENT
[ ] 840 TRADEMARK

[ ] 370 OTHER FRAUD

] 371 TRUTH IN LENDING

SOCIAL SECURITY

[ ] 380 OTHER PERSONAL

TORTS TO LAND

[ ] 441 VOTING
[ ] 442 EMPLOYMENT
[ ] 443 HOUSING/
ACCOMMODATIONS

[ ] 445 AMERICANS WITH

DISABILITIES EMPLOYMENT

TORT PRODUCT

[ ]446 AMERICANS WITH

LIABILITY
ALL OTHER

[ ] 448 EDUCATION

VACATE SENTENCE
28 USC 2255

[ ] 530 HABEAS CORPUS

[ ] 535 DEATH PENALTY
[ ] 540 MANDAMUS S OTHER

REAPPORTIONMENT

[
[
[
[
[

] 410
] 430
] 450
] 460
) 470

[ ] 710 FAIR LABOR

STANDARDS ACT

[ ] 863 DIWC/DIWW (405(g))

[ ] 864 SSID TITLE XVI
[ ] 865 RSI (405(g))

(RICO)
[ )480 CONSUMER CREDIT

[ J490 CABLE/SATELLITE TV
[ ] 850 SECURITIES/
COMMODITIES/
EXCHANGE

] 890 OTHER STATUTORY

ACTIONS

RELATIONS

] 891 AGRICULTURAL ACTS

[ ] 740 RAILWAYLABOR ACT

[ ] 751 FAMILYMEDICAL
LEAVE ACT (FMLA)
( ] 790 OTHER LABOR
LITIGATION

( ] 791 EMPL RET INC

SECURITY ACT

ANTITRUST
BANKS & BANKING
COMMERCE
DEPORTATION
RACKETEER INFLU
ENCED & CORRUPT
ORGANIZATION ACT

[ ]861 HIA(1395ff)
[ ] 862 BLACK LUNG (923)

LABOR

PROPERTY DAMAGE

[ ] 385 PROPERTY DAMAGE

( ] 463 ALIEN DETAINEE

[ ] 510 MOTIONS TO

CONDEMNATION

[ ]240
[ ]245

PROPERTY RIGHTS

LIABILITY
PERSONAL PROPERTY

PRISONER PETITIONS

ACTIONS UNDER STATUTES

28 USC 157

INJURY PRODUCT

[ ] 720 LABOR/MGMT

CONTRACT

PRODUCT

[ ]220
[ ]230

[] 368 ASBESTOS PERSONAL I 1690 OTHER

PRODUCT LIABILITY

STOCKHOLDERS
SUITS
OTHER
CONTRACT

LIABILITY

[ ]210

21 usc 881
. . Rqn nTHFR

PRODUCT LIABILITY
(EXCL VETERANS)
[ ] 360 OTHER PERSONAL
RECOVERY OF
OVERPAYMENT

160

PRODUCTLIABILITY

28 USC 158

FEDERAL TAX SUITS

[ ] 870 TAXES (U.S. Plaintiff or

Defendant)
[ ] 871 IRS-THIRD PARTY

] 893 ENVIRONMENTAL
MATTERS

] 895 FREEDOM OF
INFORMATION ACT

26 USC 7609

] 896 ARBITRATION
] 899 ADMINISTRATIVE

IMMIGRATION
PRISONER CIVIL RIGHTS

[ ] 462 NATURALIZATION

[ ] 550 CIVIL RIGHTS

[ ] 555 PRISON CONDITION
[ ] 560 CIVIL DETAINEE

APPLICATION

[ ] 465 OTHER IMMIGRATION

PROCEDURE ACT/REVIEW OF
APPEAL OF AGENCY DECISIO

J ] 950 CONSTITUTIONALITY O
STATE STATUTES

ACTIONS

CONDITIONS OF CONFINEMENT

DISABILITIES -OTHER

REAL PROPERTY

Check if demanded in complaint:

CHECK IF THIS IS ACLASS ACTION

DCI YOULCIAJM THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.'

UNDER FRCP. 23

DEMAND $_

OTHER

JUDGE

DOCKET NUMBER

Check YES onlyifdemanded in complaint

JURY DEMAND: YES UNO

NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32;

(PLACE AN x INONEBOXONLY)

E 1 Original

ORIGIN

2 Removed from

Proceeding

D 3 Remanded 4 Reinstated or

State Court

from

a. all parties represented

I | 5 Transferred from Q 6 Multidistrict

(Specify District)

Reopened

I I 7 Appeal to District

Litigation

Judge from

Magistrate Judge

court"3'6

Judgment

| | b. At least one
party is pro se.

(PLACEAN x INONEBOXONLY)

1 U.S. PLAINTIFF

BASIS OF JURISDICTION

D2 U.S. DEFENDANT [x] 3 FEDERAL QUESTION

IF DIVERSITY, INDICATE

Q4 DIVERSITY

CITIZENSHIP BELOW.

(U.S. NOT A PARTY)

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)

(Place an [X] in one box for Plaintiff and one box for Defendant)
CITIZEN OF THIS STATE

CITIZEN OF ANOTHER STATE

PTF DEF

PTF

DEF

[ ]1

[ ]1

CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY

[ ]3[ ]3

[ ]2

INCORPORATED or PRINCIPAL PLACE

[ ]4 [ ]4

[ ]2

INCORPORATED and PRINCIPAL PLACE

PTF

DEF

[ ]5

[ ]5

[ ]6

[ ]6

OF BUSINESS IN ANOTHER STATE

FOREIGN NATION

OF BUSINESS IN THIS STATE

PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)

DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)

DEFENDANT(S) ADDRESS UNKNOWN

REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN
RE91BENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

Check one:

THIS ACTION SHOULD BE ASSIGNED TO:

WHITE PLAINS

H MANHATTAN

(DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTS
COMPLAINT.)

DATE 1/9/2015

SIGNATURE OF ATTORI

ADMITTED TO PRACTICE IN THIS DISTRICT

[ ] NO

[Xj YES (DATE ADMITTED Mo.t2

Attorney Bar Code # RS4686

RECEIPT*

Magistrate Judge is to be designated by the Clerk of the Court.

MAT, W"'HS

Magistrate Judge

Ruby J. Krajick, Clerk of Court by

is so Designated.

Deputy Clerk, DATED.

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

Yr. 9_

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

fjVI

*^

l. I

J I

v<i

SHENANZHU LLC d/b/a THE DINER,

Civ. Action No.:

Plaintiff,
-against-

COMPLAINT

Plaintiff demands trial by

jury

CAMBRIA COMPANY LLC, SPACE150, LLC,

WILLIAM JUREWICZ, DAVID DENHAM,
MARK DAVIS AND MARTIN DAVIS and

JOHN AND JANE DOES 1 THROUGH 100, all

whose true names are unknown
Defendants.
-X

< -

Plaintiff, SHENANZHU LLC D/B/A THE DINER, by its attorneys LAW OFFICE OFROBERT STECKMAN, P.C, for its complaint against the defendants CAMBRIA COMPANY:
LLC, SPACE150, LLC, WILLIAM JUREWICZ, DAVID DENHAM, MARK DAVIS and

MARTIN DAVIS (hereinafter collectively referred to as "Defendants"), alleges as follows:

PRELIMINARY STATEMENT

Plaintiff brings this action seeking to obtain redress for Defendants' blatant and purposeful

infringement of the copyright in various sound recordings owned by Plaintiff.

Plaintiff is in the business of creating, marketing and supplying music and audio
compositions for commercial use, including, but not limited to background music for
television, radio and internet advertisements.

Recognizing Plaintiffs popularity, talent and goodwill, and in a brazen and improper effort
to capitalize on Plaintiffs efforts, Defendants have created and publicized (or caused to be

created and publicized) various commercial advertisement for "Cambria" brand products

whichprominently features significant portionsof Plaintiffs musicalcompositions without

obtaining prior authorization from Plaintiff.

JURISDICTION AND VENUE

4.

This is a civil action seeking damages and injunctive relieffor copyright infringement under
the Copyright Act of the United States, 17 U.S.C. 101, et seq.

5.

This Court has subjectmatterjurisdiction over this action pursuantto 28 U.S.C. 1331 and
1338(a).

6.

This Court has personal jurisdiction over Defendants because, among other things, all
Defendants are doing business in the State ofNew York and in this judicial district, the acts

of infringement complained of herein occurred in the State of New York and in this judicial
district, and Defendants have caused injury to Plaintiff and its intellectual property within
the State of New York and in this judicial district.

7.

Venue is proper in this district pursuant to 28 U.S.C. 1391(b) and (c), and/or 1400(a).

THE PARTIES

8.

At all times relevant herein, plaintiff, Shenanzhu LLC d/b/a The Diner ("Plaintiff or "The
Diner") was and is a Delaware Limited Liability Company with offices located at 200 Varick
Street, Suite 514, New York, New York, 10014.

9.

At all times relevant herein, Defendant Cambria Company LLC ("Cambria"), was and is a
Minnesota Limited Liability Company with offices located at 704 North Main Street Le
Sueur Minnesota 56058

10.

Upon information and belief, at all times relevant herein, Mark Davis, was an is a resident
of the state of Minnesota and is a shareholder, officer and director of Cambria.

11.

Upon information and belief, at all times relevant herein, Martin Davis, was an is a resident
of the state of Minnesota and is a shareholder, officer and director of Cambria

12.

At all times relevant herein, Defendant Spacel50 ("Spacel50") was and is a New York
corporation with offices located at 20 Jay Street #928, Brooklyn, NY 11201.

13.

Upon information and belief, at all times relevant herein, William Jurewicz, was an is a

resident of the state of Minnesota and is a shareholder, officer and director of Space 150
14.

Upon information and belief, at all times relevant herein, David Denham, was an is a resident

of the state of New York and is a shareholder, officer and director of Spacel50.
15.

Upon information and belief, Defendants John and Jane Does 1 through 100 (the "Doe
Defendants") are individuals whose names and addresses ofresidences are unknown and who

are officer, shareholders, directors, agents and/or individuals who may exercise dominion and
control over Defendants Cambria and/or Space150.

16.

Defendants Cambria and Spacel50 shall hereinafter be referred to as the "Corporate

Defendants.

17.

Defendants William Jurewicz, David Denham, Mark Davis, Martin Davis and the Doe

Defendants shall hereinafter be collectively referred to as the "Individual Defendants".

18.

The Corporate Defendants and the Individual Defendants shall herein after be collectively
referred to as the "Defendants".

FACTUAL BACKGROUND

19.

Plaintiff is a limited liability company whose primary business is composing, creating,

marketing and supplying music and audio compositions for commercial use, including, but
not limited to background music for television, radio and internet advertisements.
20.

Cambria is a corporation that manufactures construction and building materials.

21.

Upon information and belief, Cambria hired Space 150 for the purpose of creating and
designing and advertising and marketing campaign for Cambria's products.

22.

In connection with Spacel50's efforts to promote Cambria's products, Spacel50 produced

various video promotion segments for Cambria, which were designed for use as internet
based advertising.

23.

In or about November, 2013, a representative of Spacel50, namely Melissa Murphy,

contacted The Diner in order to obtain a license to reproduce and utilize a music composition

owned and created as a work for hire by Demian Sims and Shenandi for Plaintiff(hereinafter
referred to as the "Copyrighted Work").

24.

The Copyrighted Work was created by employees of Plaintiffas a work for hire and all rights
to such composition were duly transferred to The Diner as a "work made for hire" as such
term is defined under the Copyright Act.

25.

The Copyrighted Work was duly registered as a "Sound Recording" as part of a collection
of copyrightable sound recordings owned by Plaintiff, collectively referred to by Plaintiff as
"Diner 2.5" which were duly registered with the United States Copyright office on June 202,

2012 and assigned registration No. SR 708-795. A copy of said registration certificate is
annexed hereto as Exhibit "A".

26.

Spacel 50 and The Diner did attempt to negotiate terms for Cambria's use ofthe Copyrighted
Work, however the partes did not reach any final license agreement. As a result no agreement
was made between the parties under which The Diner authorized Corporate Defendants to

display, transmit and/or otherwise use the Copyrighted Work in any manner.
27.

On or about January 17,2014, The Diner located unauthorized use ofthe Copyrighted Work

by Cambria in the form of background music which plays throughout four (4) separate

promotional videos ("the Cambria Videos") that had been designed, created and/or produced
by Spacel50 and/or Cambria. The Cambria Videos were uploaded to the Internet website
commonly known as Youtube.com, and were discovered by The Diner at following internet
addresses on or about December 9, 2013:

https://www.youtube.com/watch?v=:KiLJ3CcgrFY
https://www.youtube.com/watch?v=cBq-1 dPq_x4
https://www.youtube.com/watch?v=GjDFFkR24Aw3
https://www.youtube.com/watch?v=GUUvLp6axE
28.

On or about January 17, 2014, The Diner contacted Spacel50 and advised Spacel50 that it
had located the Cambria Videos on the Internet which contained the unauthorized use ofthe

Copyrighted Work owned by The Diner.

29.

Spacel50 replied to the Diner's communication via emails, dated January 17, 2014 and
February 5, 2014, which acknowledged and admitted that the Copyrighted Work had been

used without permission in connection with the Cambria Videos. Space150's further admitted

that the Cambria Videos had been posted by Cambria on the Internet without The Diner's
permission. Copies of the aforesaid emails are annexed hereto as Exhibit "B".

30.

Thereafter, Spacel50 and Cambria again attempted to negotiate a license fee for their

unauthorized use of the Copyrighted Work, but no final agreement relating to the of the
Copyrights Work was executed by the parties at any time.
31.

The Diner later discovered that the infringing videos were removed from Youtube on or
about January 31, 2014. The Diner is unaware of any other active links to other Internet

websites that Cambria may have posted the promotional videos, but upon information and
belief, Cambria and/or Space150 may have distributed and/or uploaded the Cambria Videos
to other recipients and/or locations, including but not limited to distribution on the Internet
and/or Cambria may have or may continue to use the Cambria Videos in other formats. The

full

scope of Defendant's infringing activities

in this regard has not yet been fully

ascertained.

32.

In all cases, the Copyrighted Work was never licensed to Cambria and/or Space 150, and The

Diner retains full ownership of the copyright to the Copyrighted Work.

33.

Corporate Defendants' infringing use of the Copyrighted Work was therefore willful and
intentional.

34.

Corporate Defendants use of the Copyrights Work was with full knowledge of Plaintiff s
copyright ownership, without authorization, and only by improperly obtaining an
unauthorized copy of the Copyrighted Work from The Diner's website in violation of the

explicit terms of The Diner's website's terms of use as well as The Diner's exclusive
copyright to same.

35.

Corporate Defendants were, at all relevant times herein, fully aware that The Diner was the
copyright owner of the Copyrighted Work, and as a result of Corporate Defendants

intentional infringement of Plaintiffs Copyrighted Work, the Corporate Defendants are

jointly and severally liable for treble damages under the Copyright Act.
36.

Defendants were, at all relevant times herein, fully aware that The Diner was the copyright
owner of the Copyrighted Work, and as a result, Defendants officers and directors are also

personally liable for any and all damages due The Diner arising from intentional copyright
infringement. Accordingly Defendants Mark Davis, Martin Davis, William Jurewicz and

David Denham are identified as Defendants in this action due to their relationship to their
respective companies. Upon information and belief other individuals may also be liablefor
all damages, however, Plaintiff is unaware of the identities of such individuals at this time,
and Plaintiff hereby reserves the right to amend this Complaint in order to add additional

Defendants to this action after commencement of discovery.

37.

All Defendants have therefore intentionally infringed upon and exploited The Diner's

copyrighted composition(s) without permission. As a result all Defendants are jointly and
severally liableto Plaintiffforall damages assessed in this actionas allowedunderapplicable
law.
COUNT I
COPYRIGHT INFRINGEMENT

(17 U.S.C. 106 and 501)

(By Plaintiff Against all Defendants)

38.

Plaintiff hereby repeats and realleges all of the allegations of this complaintpreviously set

forth above as if fully set forth hereinat length, and in addition thereto, alleges as follows:
39.

Through theirconduct averred herein, Defendants haveinfringed Plaintiffs copyright in the

Infringed Composition in violationof Sections 106and 501 of the Copyright Act, 17U.S.C.
106 and 501.

40.

Defendants' actsof infringement are willful, intentional andpurposeful, in disregard of and

with indifference to Plaintiffs rights.

41.

As a direct and proximate result of said infringement by Defendants, Plaintiff is entitled to

damages in an amount to be proven at trial.

42.

Plaintiff is also entitled to Defendants' profits attributable to the infringement, pursuant to

17U.S.C. 504(b), including an accounting of and a constructive trust withrespect to such

profits.

43.

Plaintiffis furtherentitled to its attorneys'fees and full costs pursuant to 17U.S.C. 505 and
otherwise according to law.

44.

As such, Plaintiff has been damaged in amount to be determined at trial, plus statutory

damages, plus punitivedamages, plus reasonable attorney's fees, plus interestas allowedby
law.

COUNT II
UNJUST ENRICHMENT

(By Plaintiff against all Defendants)

45.

Plaintiff hereby repeats and realleges all of the allegations of this complaint previously set

forth above as if fully set forth herein at length, and in addition thereto, alleges as follows:

46.

Defendant received the benefit of and has utilized and exploited Plaintiffs copyrighted
works without paying Plaintiff for such use.

47.

Defendants did benefit from and/or continue to enjoy the benefit of Plaintiff s copyrighted
work, without paying Plaintiff for the use of same.

48.

As a result, Defendants have been unjustly enriched in an amount to be proven at trial, plus
interest as allowed by law.

WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them,jointly
and severally, as follows:

1.

For damages in such amount as may be found, or as otherwise permitted by law.

2.

For an accounting of, and the imposition of constructive trust with respect to, Defendants'
profits attributable to their infringements of Plaintiffs copyright in the Copyrighted Work.

3.

For a preliminary and permanent injunction prohibiting Defendants, and their respective

agents, servants, employees, officers, successors, licensees andassigns, andallpersons acting

in concert or participation with each or any of them, from continuing to infringe Plaintiffs'
copyright in the Copyrighted Work.

4.

For prejudgment interest according to law.

5.

For Plaintiffs attorneys' fees, costs, and disbursements in this action; and

6.

For suchother and further relief as the Court may deemjust and proper.

DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury.

Dated: New York, New York
January 9, 2015

LAW OFFICE OF ROBERT STECKMAN, P.C.

By: Robert M. Steckman (RS 4686)

Attorney for Plaintiff
111 John Street, Suite 800
New York, New York 10038

(212)313-9898

Certificate of Registration
This Certificate issued under the seal ofthe Copyright

&-S**

Office in accordance with title 17, United States Code,

atteststhat registration has been made for the work
identified below. The information on this certificate has

been made a partofthe Copyright Office records.

1870-

SR 708-795

llAavL A- Q&Ljtz

Effective date of

registration:

Registerof Copyrights,United Statesof America

Title

Registration Number

September 17,2012

Tide of Work: The Diner 2.5

Completion/Publication
Year of Completion:
Date of 1st Publication:
International Standard Number:

2012
June 20, 2012
ISRC

Nation of 1st Publication: United States

QM-MSD

Author
Author:

The Diner

Author Created: soundrecording, performance, production, music, lyrics

Work made for hire:
Citizen of:

Yes
United States

Domiciled in:

United States

Copyright claimant
Copyright Claimant:

Shenanzhu LLC DBA The Diner

200 Varick St. #609, New York, NY, 10014, United States

Rights and Permissions

Organization Name:

The Diner

Name:

Eric Kaye

Email:

ek@thelodgemusic.com

Address:

Telephone:

212-727-8000

200 Varick St. #609

New Ybrk, NY 10014 United States

Certification

Name: Eric Kaye

Date: September 13, 2012

Page 1 of 1

From: Melissa Murphy <melissa.murphv@space150.com>

Subject: Re: Music Search?
Date: February 5, 2014 at 12:38:25 PM EST
To: Sallie Moore <sallie@thedinermusic.com>

Cc: Kelsey Suys <kelsev.suys@>space150.com>. Patrick Rooney <patrick.roonev@space150.com>

Hi Sallie -

No surprise, this has come back to us to deal with despite it not being our project. We want to apologize for our
client - they are very ignorant when it comes to the production process. They are doing a lot of video work this
year and we've been educating them on the Do's and Don'ts of production (including licensing). I worked in
Music Publishing for a long time - so I know what a hassle this is to deal with on your end.
We realize that regardless of what they decide to do for licensing - they will need to pay at least a 1 year,
YouTube Only license fee + any kind of fee for infringement for the videos that were posted without a license
in place. According to your site (https://www.thedinermusic.com/ff 'rates) a 1 Year, Youtube only would be Ik
per video ~ so $4,000 total. We are aware there is also an infringement fee on top of this but are hoping we can
get it down from the $20,000 originally quoted. We'd really like to keep using you guys for music as we're

doing more and more production with this client (including original music) and your music seems to be a good
fit for what they typically look for.
So a couple question for you :

1. Can weget an extension until Monday? Here iswhy :wewould like to do the CORRECT license for
these videos - however, we dont know the usage andwont until Monday when the Creative Director

gets back from Mexico. We're thinking itwill beAll Internet and In-store (same as the History Video)
but would like to confirm that before we move ahead. We are also recommending licensing the track for

the "History Video" we originally had you send a quote for.

2. If we can'thave an extension to Monday - can werenegotiate a dealwith you guys including some kind

ofinfringement fee that isn't quite sohigh? Knowing thatthe license we would need to be issued for
these videos given the infringement was 1 Year, Youtube Only - canwe get any closer to the $4000 $7000 range?

Thanks so much, Sallie. We really appreciate it and apologize profusely for our ignorant clients.
Melissa
MELISSA MURPHY
Talent Acquisition + Creative Operations

D: 612.460.3747

^
^

OnFn, Jan 17, 2014 at7:48 PM, Melissa Murphy <melissa.murphy@spacel 50. com> wrote:
Hi Sallie-

Thanks for the note. We didn't produce these videos for Cambna, but we did provide/recommendthis music for
the "History" video that we requested a quote for earlier this week.
We have reached out to our client and provided them the information below. We apologize for the mix-up.
We'll make sure this gets resolved ASAP.

On Jan 17, 2014, at 6:10 PM, Sallie Moore <sallie@.thedmermusic. com> wrote:
Hi Melissa,

Our monitoring agent has picked up our music on the internet:

CambnaQuartz https://www.youtube.com/watch?v-KJLJ3CcgrFY D-AN0183 Gone But Not
Forgotten (4min) 12/9/13 UvZKOD03xaO
CambnaQuartz https ://www.youtube.com/watch?v=cBq-1 dPq x4 D-AN0183 Gone But Not
Forgotten (4min) 12/9/13 qvP8UXxuzFs
CambnaQuartz https ://www.voutube.com/watch?v=GiDFFkR2.4Aw D-AN0183 Gone But Not
Forgotten (4min) 12/9/13 kUa5MZOtZOQ

CambriaQuartz https ://www. vouftibe.com/watch?v^GU!JvLp6axE D-AN0183 Gone But Not

Forgotten (4min) 12/9/13 UU9tydxTwes

These have been up for over a month.

Please let me know as soon as possible which scenario your client would like to go with and
please take a moment to fill out our on-line form: https://www.thedinenriusic.eom/#/rates so we
have all the necessary specs to give you an accurate bid, license and invoice.
Please feel free to call me if you have any questions.
Thanks,
Sallie
Sallie Moore

Executive Producer

THE DINER
200 Varick Street, Suite 609
New York, NY 10014
212.727.2959

'yvww.thedinermusic.com

On Jan 15, 2014, at 3:30 PM, Melissa Murphy <melissa.murphy@spacel50.com> wrote:

Great - thank you.

The client hasn't given the final go-ahead. They wanted to know prices before signing off. I will
provide them with this information and we'll let you know if/when we're ready to proceed.