1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLAINTIFF’S ORIGINAL COMPLAINT – 1
XXX
Plaintiff in pro per
IN THE STATE COURT OF XXX COUNTY
STATE OF XXX
XXXX,
Plaintiff,
vs.
AMERICAN SOCIETY OF COMPOSERS,
AUTHORS AND PUBLISHERS,
Defendant
Case No.: Number
PLAINTIFF’S ORIGINAL COMPLAINT
NOW COMES Alex “Aleon” Beasley, Plaintiff, and files this Complaint against the American
Society of Composers, Authors and Publishers, and for cause would like to show this Honorable
Court as follows:
A. PARTIES
1. Plaintiff Alex “Aleon” Beasley is a male adult of sound mind and a resident of 54
Betty Lane, Douglasville, GA 30134.
2. Defendant American Society of Composers, Authors and Publishers is an
association that collectively licenses the public performance rights of its members’ musical
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLAINTIFF’S ORIGINAL COMPLAINT – 2
works to venues, broadcasters, and digital streaming services.
B. JURISDICTION AND VENUE
3. This Court has jurisdiction to hear this matter.
4. Venue is proper in this Court because the causes of action took place within
XXX County.
C. STATEMENT OF FACTS
5. Plaintiff and Eric Conley, his associate, created a song titled, XXX”
They were to split the royalties equally with Plaintiff taking 50% for the publishing and XXX
taking 50% for the writer’s share.
6. Plaintiff was supposed to receive royalties from Defendant but did not. However,
Eric was paid his royalties. Plaintiff contacted Defendant’s XXX office. The representative
acknowledged that XXX received his royalties and promised Plaintiff that he would be paid the
following month.
7. The following month, Plaintiff still did not receive his royalties. He contacted
Defendant and one of its representatives informed him that he had no royalties and that XXX did
not receive any payments. Plaintiff is in possession of receipts of direct deposits made by
Defendant to XXX bank.
8. Plaintiff reached out to Defendant a third time and their representative reiterated
the same information in regard to the royalties that Defendant suddenly had no record of.
Plaintiff asked the representative about royalties from his first album, “Out on XXX” by XXX,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLAINTIFF’S ORIGINAL COMPLAINT – 3
which he released in XXX. The representative informed Plaintiff that there was no record of that
album. The representative asked Plaintiff to reregister his music, which he did.
9. Plaintiff has been monitoring his membership with Defendant and noticed that all
of his works do not have the artist’s name. When Plaintiff initially joined in 2000, Defendant
would send him cue sheets concerning streaming or online radio. Defendant no longer send
Plaintiff those cue sheets. None of his works acknowledge him as the owner. Defendant has
failed to explain to Plaintiff why that information is no longer available to him.
10. In XXX, Plaintiff released a single song titled, “No Bullshit,” which was
distributed by Distrokid. He joined another publishing company, Songtrust, and registered his
first album, “Out on Bail” and four other singles: “Funk U” by XXX ft. XXX and XXX
Keys, “Sexy Chick” by XXX. XXX, and “No Bullshit” by XXX (which has a video
on YouTube). Plaintiff did not receive any royalties from XXX for over a year. XXX
records show that Plaintiff’s music only generated $0.19.
11. When Plaintiff began the process of registering his works with Defendant for his
new album “NLR,” he received an email from XXX stating that he had generated $100.30
for the third quarter of XXX for the songs “No Questions” and “Out on Bail” (songs from
Plaintiff’s first album, “Out on Bail”) as well as the single, “Funk U.”
12. When Plaintiff checked his publishing account as well as that of Defendant, he
did not find any record of him collecting money from XXX, but it stated that Defendant was
the collecting society.
13. On XXX, Plaintiff released his new album “NLR.” All the songs
are registered with Plaintiff, MLC and HFA. Distrokid is the album’s distributor.
14. Plaintiff has been monitoring his streams and realized that XXX has its own
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLAINTIFF’S ORIGINAL COMPLAINT – 4
Spotify platform and all of Plaintiff’s streams are coming from only four locations. Plaintiff is
originally from Little XXX. All of his family, friends and fans reside in Arkansas and
are definitely streaming Plaintiff’s music from Arkansas. Plaintiff centered most of his
promotions and marketing of music there. It was therefore a misrepresentation that Plaintiff did
not have any streams from Arkansas.
15. In bad faith, Defendant has frozen Plaintiff’s account.
D. CAUSES OF ACTION
Breach of Contract
16. Plaintiff hereby incorporates the facts and allegations in all the foregoing
paragraphs of this Complaint as though set out in full herein.
Fraud and Deceit
17. Plaintiff hereby incorporates the facts and allegations in all the foregoing
paragraphs of this Complaint as though set out in full herein.
18. “The five elements of fraud and deceit in XXX are: (1) false representation
made by the defendant; (2) scienter; (3) an intention to induce the plaintiff to act or refrain from
acting in reliance by the plaintiff; (4) justifiable reliance by the plaintiff; (5) damage to the
plaintiff.” See XXX.
19. Before Plaintiff allowed Defendant to sell his music, Defendant intentionally
made a representation that it would pay royalties to Plaintiff. Defendant knew that the
representation it was making about paying royalties to Plaintiff was false. Defendant
intentionally made the false representation to induce Plaintiff to allow it to sell his music.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLAINTIFF’S ORIGINAL COMPLAINT – 5
Plaintiff relied on the false representation that Defendant would pay him royalties and allowed
Defendant to sell his music. As a result, he has not been paid royalties that are due to him.
20. Defendant is liable for fraud and deceit and ought to pay damages to Plaintiff.
Conversion
21. Plaintiff hereby incorporates the facts and allegations in all the foregoing
paragraphs of this Complaint as though set out in full herein.
22. “To make out a prima facie case, in an action for damages for conversion of
personal property, the plaintiff must show title to the property, possession by the defendant,
demand for possession, and refusal to surrender the property, or an actual conversion prior to the
filing of the suit.” Atlantic Coast Line R. Co. v. McRee, 12 Ga.App. 137, 76 S.E. 1057 (1913).
23. Plaintiff is entitled to the royalties due to him as a result of Defendant’s sale of his
music because Defendant represented to Plaintiff that it would pay royalties to him. Plaintiff has
tried to get Defendant to pay the royalties due to him in good faith but Defendant has refused to
do so every time. Plaintiff has suffered damage in the form of unpaid royalties and the cost of
litigating this suit in order to get Defendant to pay royalties rightfully owed to Plaintiff.
24. Defendant is liable for conversion and ought to pay damages to Plaintiff.
Unjust Enrichment
25. Plaintiff hereby incorporates the facts and allegations in all the foregoing
paragraphs of this Complaint as though set out in full herein.
26. “Thus, a claim for unjust enrichment exists where a plaintiff asserts that the
defendant induced or encouraged the plaintiff to provide something of value to the defendant;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLAINTIFF’S ORIGINAL COMPLAINT – 6
that the plaintiff provided a benefit to the defendant with the expectation that the defendant
would be responsible for the cost thereof; and that the defendant knew of the benefit being
bestowed upon it by the plaintiff and either affirmatively chose to accept the benefit or failed to
reject it.” See Estate of Crook v. Foster, 333 Ga.App. 36, 39, 775 S.E.2d 286 (2015); Morris v.
Britt, 275 Ga.App. 293, 294, 620 S.E.2d 422 (2005).
27. Defendant encouraged Plaintiff to give it his music and in return, Plaintiff would
be paid royalties. Plaintiff allowed Defendant to use his music with the expectation that
Defendant would pay him royalties from the use of his music. Defendant has repeatedly failed to
pay Plaintiff royalties due to him despite getting profits from his music.
28. Defendant is liable for unjust enrichment and ought to pay damages to Plaintiff.
Copyright Violation
29. Plaintiff hereby incorporates the facts and allegations in all the foregoing
paragraphs of this Complaint as though set out in full herein.
30. Article 18(3) of the Law of Georgia on Copyright and Related Rights states as
follows:
“ An author or another exclusive copyright owner shall have the right to receive royalties for the
use of his/her work in any form (the right to royalty)”
31. Plaintiff allowed Defendant to use his music so that he would be paid royalties in
return. Defendant agreed to pay royalties to Plaintiff but has defaulted and has refused to pay
despite multiple requests. That amounts to a violation of Plaintiff’s right to royalty under the
foregoing provision.
32. Plaintiff is liable for violating Article 18(3) of the Law of Georgia on Copyright
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLAINTIFF’S ORIGINAL COMPLAINT – 7
and Related Rights and ought to pay damages to Plaintiff.
E. PRAYER FOR RELIEF
REASONS WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests
this Honorable Court to grant him the following reliefs:
a. GRANT judgment in favor of Plaintiff and against Defendant;
b. AWARD Plaintiff damages for breach of contract, fraud and deceit, conversion,
unjust enrichment and violation of Plaintiff’s right to royalty under Article 18(3) of the Law of
Georgia on Copyright and Related Rights;
c. ISSUE an Order of Specific Performance compelling Defendant to pay royalties
due to Plaintiff in the sum of $____________;
d. AWARD Plaintiff punitive damages;
e. AWARD Plaintiff pre- and post-judgment interests, costs of this suit, and attorney
fees as allowed by law;
f. AWARD Plaintiff such equitable relief as may be appropriate under the
circumstances; and
g. AWARD Plaintiff such further relief as this Honorable Court deems necessary
and proper.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLAINTIFF’S ORIGINAL COMPLAINT – 8
Dated this ____ day of XXXX.
Respectfully Submitted,
___________________________________
XXX,
Plaintiff in pro per
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )