rage 1 of 129 - “| ORIGINAL » ie : 5 OF Certs LARRY ZERNER (SBN 155473) Gay Oikos 1 |LAW OFFICE OF LARRY ZERNER 2 |]1801 Century Park East, Suite 2400 JAN 24 2017 Los Angeles, CA 90067 3 || Telephone: (310) 773-3623 A Gxt bee bb oe 4 | Facsimile: (310) 634-1256 Qooc’ rel 5 || Attorneys for Plaintiff Jerome E. Lawson D3u Mur. ehy 6 SUPERIOR COURT OF CALIFORNIA 7 COUNTY OF LOS ANGELES - CENTRAL DISTRICT 7 GENERAL UNLIMITED JURISDICTION 9 10 CASENOG 6 47983 11 | }}EROME E. LAWSON, an individual, COMPLAINT FOR 2 Plaintiff, 1) VIOLATION OF RIGHT OF PUBLICIT _ 2) BREACH OF CONTRACT (Collectivd co Bargaining Agreement) t 14 || MEDIA ARTS LAB, a division of TBWA. ) Worldwide, Inc. a Delaware corp., APPLE, INC. 15 |] a California comp, and Does t through 25, inclusive, 16 u Defendants » COMES NOW, Plaintiff Jerome E. Lawson (“Plaintiff or “Lawson”), for its complaint against 11 |]Defendants, Apple, Inc. and Media Arts Lab, a division of TBWA Worldwide, Inc, a California’ 22 corporation and DOES 1-25 inclusive, alleges as follows: B 5 ‘The Parties 4 1. Plaintiff Jerome E. Lawson isan individual, cause Fe 25 | sides in Phoenix Azo, : 5% 2. Defendant Meta Ans Lab MAL") is a division of TBWA Wore, In, 227 |] corporation with a principal office located at 12539 Beatrice St, Los Angeles, CA, 90066. 20s 3. Defeat Ap nis Califia eran withing leo bigs in 034 hte Nd sino 0 *9BLs13034 Gorse" LIABETO § TESEPRE i SE0TT ie abs s 1 Complaint ‘Dock 4 Pageb 2 - Doo 10 = 2679677969 = boo type = onaceage 2 08 1 1 |} California. 4, Plaintiff is informed and believes and, on that basi, alleges that, in connection with the acts set forth herein, each of the Defendants acted as alleged herein, both for himself, herself, or itself, -and in concert with certain other Defendants, and that certain of the Defendants acted as agents for each of the other Defendants, and were at all times acting within the course and scope of such agency, with the consent, authorization and/or ratification ofthe other Defendants, "$. Plaintiff dées not presently know the true names or capacities of those persons, firms, and entities named herein as DOES 1-10, however, Plaintiff is informed and believes and, on that basis, alleges that each of the said DOE Defendants is responsible in some manner for the events and 10 || happenings herein alleged and forthe damages and other injuries suffered and to be suffered by Plaintiff 11 |[herein. Plaintiff reserves the right to amend this Complaint when the true names and capacities of the 12 || said DOE Defendants have in fact been ascertained by Plaintiff. Plaintiff is informed and believes and 13 || thereon alleges that some of the DOE Defendants named herein are agents, employees or representatives 14 |] of some of the other DOE Defendants and/or the named defendants and, in doing the things herein 15 || alleged, were acting within the course and scope of such agency and employment. 16 6. Jurisdiction in this Courtis proper pursuant to California Code of Civil Procedure Section 11 |/410.10. This Court has personal jurisdiction over each of the Defendants pursuant to California Code of 18 || Civil Procedure Section 410.10 in that each of the Defendants has substantially engaged in business in 19 ||the State of California and has committed a tortious actin the State of California, Further, one or more 20 || of the Defendants resides or has its primary place of business in California. a 7. Venue in this county is proper pursuant to California Code of Civil Procedure Section 22 |]395 in that one or more of the Defendants reside and/or do business in the County of Los Angeles, 25 || specifically at 12539 Beatrice St, Los Angeles, CA, 90066, 4 FACTS COMMON TO ALL CLAIMS OF RELIEF 5 8, Lawson was the original lead singer, arranger and producer of the a cappella group, The "26 ||Persuasions. Lawson was with The Persuasions for 40 ‘years, and 22 albums, Five of The Persuasions 7 | atoams were inthe Billard Top 100, Through his career, Lawson hasbeen lauded as one ofthe 2.28 || greatest voices in popular music and throughout his career he has performed with such artists as Liza ; 2 ‘Complaint ook 1 Fagot 2 = Doe 20 = 1679677949 = Doe type = onaceage 3 of 12) L1BE RE ES Minelli, Bete Midler, Stevie Wendet, Lou Reed, Van Morison, Paul Simon, Joni Mitchell, Gladys Knight, Patti LaBelle, Little Richard, Naney Wilson, The Neville Brothers, BB. King, John Hatt, and ‘Leon Redbone. 9. Among The Persuasions 22 albums was Street Corner Symphony released in 1971, which included the track Good Times (“the Recording”), The Recording is subject tothe jurisdiction of the ‘American Federation of Television and Radio Artists (‘AFTRA"). 10, Lawson is informed and believes and, on that bass alleges, that in 2015, English musical artist Jamie xx released a song called J Know There's Gonna Be (Good Times) which prominently sampled Lawson's vocal track from the Recording. The Jamie xx track also featured the artists Young ‘Thug and Popeaan, 11. In or about June 2015, Apple released a commercial forthe IPhone 6 which used the Jamie sx song / Know There's Gonna Be (Good Times) asthe music fr the commercial. Lawson is informed and believes, and on that basis alleges thatthe Apple commercial was created by Defendant MAL. "12 Lawson is informed and believe, and on that basis, alleges that the commercial was part of 2 plobel advertising campaign and was shown on television and the interme throughout the world and was made under the jurisdiction ofthe Screen Actos Guild (“SAG”). , 13, Lawson's voce is prominent and recognizable in the Apple Commercial. Lawson is informed and believes and on that bass alleged that Plant's voice was recognized by fans of is ‘who saw the commercial and those fans were deceived into falsely believing that Lawson endorsed ‘Apple and the IPhone and/or that Lawson consented to the use of hs vive to advertise Apple's products, 14. The use ofthe Recording inthe Commercials was a deliberate violation of the collective bargaining agreements with SAG and AFTRA. The Recording was produced subject to the jurisdiction of SAG and/or AFTRA and so were the Commercials. The collective bargaining agreements with AFTRA and SAG prohibit the use of the Recording in commercial advertising without the express, separately negotiated consent of the recording artists, The relevant language from the SAG/AFTRA agreements states: "[NJo part of... any phonograph record, tape or other audio recording ... made under the jurisdiction of AFTRA... shall be used in commercials without separately bargaining with the 3 Complaint Doct 4 Paget 3 ~ Doo t= 1679627549 - boo Fype = OnER(rage 4 of 1) 1 | singers and reaching an agreement regarding such use prior to utilization of such .. Soundtrack See Section 28 of the SAG Commercials Contract. These separately negotiated consents are independent from any license(s) Defendants may have obtained from the owners/licensors of the publishing rights to the Song and/or the physical tecorded masters. 15. Lawson never consented tothe use of his voice in the Apple commercial znd Lawson did /not know that his voice was appropriated for the Apple commercial until he saw it airing on television.! 16. Approximately six months after the Apple commercial began airing, Lawson was contacted by a Business Affairs person at MAL who acknowledged to Lawson that MAL had breached its wear aneun 10 |] obligations to Lawson by not obtaining his permission before using his voice in the Apple commercial, 11 || MAL then tried to resolve the matter by offering Lawson the minimum amount allowed under SAG 12 |[rules forthe use of his voice as if Lawson was a hited background singer instead of one ofthe most 13 |] lauded a cappelta singers in modern recording history. 14 FIRST CAUSE OF ACTION 15 VIOLATION OF RIGHT OF PUBLICITY 16 (Against All Defendants) Wy 17. The allegations of paragraphs 1 - 16 are incorporated by reference as if fully set forth herein. 18 18. Beginning in or about September 2015, Defendants used Lawson’s voice in a commercial for 19 ||the Apple IPhone, 2 19. The use of Lawson's distinctive and famous voice in the Apple commercial was for 21 ||Defendant’s commercial advantage. i 2 20. The use of Lawson's voice in the Apple commercial was without Lawson's consent. 2B 21, Asia result of the use of Lawson’s voice in the, Apple commercial, Lawson has been injured 24 fin an amount to be proved at trial but which is believed to exceed $10,000,000. 3 SECOND CAUSE OF ACTION & (Violation of Collective Bargaining Agreements ~ Against All Defendants) cs By, ; ; ||} The Commercial may be viewed at https:/voutu.be/vitzUsSxSAI. 4 Complaint Toe 10 = 1679627849 = poo Type = on,(age 5 of 1 1 22. The allegations of paragraphs 1 - 16 are incorporated by reference as if fully set forth herein. 2 23. The Recording was made in a union recording session under the jurisdiction of AFTRA. 3 24, Lawson is informed and believe and thereon allege that the Commercial was made subject 4 ||to the jurisdiction of SAG and AFTRA, including the terms of the respective collective bargaining 5 || agreements. 6 25. Lawson is informed and believe and thereon allege that defendant MAL acted zs agent for 7 |] Apple and as "signatory" to SAG and AFTRA for production of the Commercials, 8 26. Under the SAG and AFTRA collective bargaining agreements, the Recording may not be 9 || used in a television commercial unless the consent of the recording artists is separately negotiated and 10 |} their express consent is obtained and recording artists are entitled to bring a civil suit for monetary 11 | damages if their recordings are used in commercials without their consent 2 ‘27. Defendants breached the SAG and AFTRA agreements by failing to contact Lawson before 13 |] the Commercial was produced, failing to negotiate for Lawson’s consent to the use of the Recording in 14 |) the Commercial, and failing to actually obtain Lawson’s consent to the use of the Recording in the \ 15 || Commercials. | 16 28. Asa result of Defendants’ breach of the SAG and AFTRA agreements, Lawson has been 17 || damaged in an amount not yet fully ascertained but believed to be in excess of $10,000,000. 18 WHEREFORE, Plaintiff prays for judgment as follows: 9 (@) For damages, according to proof, but in no event less than $10,00,000. 10 @) For punitive damages in an amount according to proof u (©) For restitutionary damages and confiscation of unlawful profits in an amount n according to proof. B (@) For attomeys’ fees and costs of suit incurred herein, to the extent permitted by law. 4 (@) For preliminary and permanent injunctive relief, prohibiting further copyright, 15 publication, display, performance or broadcast of the Recording in the Commercial 8 without Plaintiff's consent. u 8 oct 4 Page? § ~ Doo 20 = 1675627869 - Doo Type = OnIER(® For such other and further relief as the Court may deem just and proper. LAW OFFICE OF LARRY ZERNER 1 2 “3 + ee é) 5 |) Dated: January 23, 2017 By: 7 Ly 6 igs” 7 8 9 ey pintff Jerome E. Lawson Complaint ‘boot 2 Bagel 6 ~ Doc ID = 1679627949 ~ Doc type = OnEERage 7 of 1D WH ORIGINALS - aa RAT aa TT roremararaay IS ayaa naa "Laveen Zener ao 1901 ce ES nage vee sncaertsuy Jerome Lawson ea Jorn cour or romin coorrror Las Angeles ‘mez ataest: 11] N. Fil Street YAN 24 2017 swam aoowess: 111 N. Hill a erouncon: Los Angeles, CA 90012 oes sou Stanloy Mo ar bord ores Lawson v. Media Arts Lab, et al. ‘CIVIL CASE COVER SHEET ‘Complex Case Designation "RABAT ORD [eae ote eee oe counter I donor Bt demanded demanded is Filed with fst appearance by defendant | “°° creeds $2500) _$25000crlese| "(al eset Gout nla 3402) | cere ie 6 Blow ot be comodo ons oh pa 7. \._[F Chem anc ears case pe atest descrber is ease Ata Tor ‘ota Provsonly Complex Ctigtan + zoe (Terese steatctareny is) (al Reef Cor re 3400340 Used () [F) rostocatesere tn) 2) satmnttnereasten 8) Siier rua peroratneniPrerery J oben) [Fy connetondoa 0 ettongu bea To nares eoneae i) J) sion sets 09 . Omran TF seein eon) Prsecty paler ncenmetaonet Nese) tine donnie aaa nage cine comptgonngs condemn) Satinavomeameseatss Nex UPON Ota Tot 1 Wrenn 0) ica mies tenirmaraspacte(or L] Ohare pase @t) —— Ealcement gga cuts) late! Deter CA exocamentotsanen an Delamere = ereml( Wiseelaneus Ch Complaint Frau i) So ress Cracoren Intetecta property (18) CO orgs con Tooter campainiat peited ebove) (2) Petes onggrc 25) parincen ieee clase One non PorOM 5) see 9 Parner dept ovement) Emgleymet Petionesatatenanne (tt) =] be i er einen 8 ster omene en coe prin pt arsent ation (7) other eerpoyment 48) FP oer juts review (33) 2 Tusesse Tis [eTisnet complex under rue 3.400 ofthe Calforia Rules of Court Whe case is complex, mark be {aclorsrequiing exceptional juts! manegerent 2.) targe number cf separately represented parties d. [—) Large number af winasses, 0.) Extensive moton practice raising eificut or novel. [__] Coordination wit related actions pending in one or more courts [saves that il be tine consuming fo resoive In ober counts, stales, or counties, orn a federal court &.(Z Substentist amount of documentary evidence, [] Substantial postudgment judicial supenvsion 3. Remedies sought (chock al!that apps): a7] menetary b.[Z] nonmonetary, decaratoyorinjunctve relief «(7 ]punitve 4. Number of causes of action (speci: 2 8, Trisease Cis [Z]isnet actass action sui. 6. there are any known related cases, fle and serve a notice of relied case. (You. Date: Janvary 23, 2017 Lanry Zerner : Ki «Pint muse ahs cover sheet wt the rst paper te in ta acton or proceliing (excep small cai cases er eases Sled under he Probate Code, Famiy Code, or Wofore and Insite Cote} (Cal. Rules of Cour ue 3.220) Faire aie maycesuk inzanetors, + Fle ths cover heetin adn to any cover sheet equred by local cout re. + this casei complex under rule 3.400 et sea, ofthe California Rules of Cour, you must serve a copy of his cover sheet on all ‘her pares tothe acon or proceeding + Uns tis it colcton ese under 3,740 ra complax cab, is cover sheet wil be seer sates puree oly aera ‘CIVIL CASE COVER SHEET ANS Sten d tadheeien oa A Saviee to eee Doct 4 Baged 7 - Doo ID = 4679627848 - bee Type = OTHER(rage 8 of 1) CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION (CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION) ‘This orm is required purcuantto Local Rule 23 in ll new chil ease flings inthe Los Angeles Superior Cour Step 4: after completing the Civil Case Cover Sheet Yudicial Council form CM-010), find the exact case type in Column A that corresponds tothe case type indicated in the Cll Case Caver Sheet. ‘Step 2: In Column B, check the box forthe type of action that best describes the nature of the case. ‘Step 3: in Column C, circle the number which explains the reason forthe court filing location you have chosen. “Applicable Reasons for Choosing Court Fling Lcation (Column) 1.Cles salons mat be fed inthe Staley Meck Ceuthoute, Cent Diss, 7. Loaten where pefonr ries, 2. Pemisve ingin cena the 8 Lecaon wherein efendanespandonttncns hal 23 Lozaen where couse of sen ase 8. Loca where oe or ar othe partes ee, 4. Mandstoryperscl inary ign Nom Ost 10: Locston of Labor Camtsioner Oe, ire Se 131. Mandatory ing cation ub Cases nw deine, tes en-colecon Beitedealeton,oF perona nary) 6 Losaten of propery ex pemanenty garaged vie a B c ha case Cover Stet Type Acien opti Reason - Galego (eexory or) ‘Sea Step Sabo ‘ato 22) 1 ArtoD Wer Vehice-Penons!iuniPopertyDamagetngtOoah [1.4.11 Auto Tort insured Wetest 4) | A7Ht0 ParsenalnizyPropetyDomaqeMvontl Death UnisuedNotst | 1.4.41 ————— ‘6070 Asbestos Proper Damage att a ase a frat Asteen-Penalnnertl eo un Bg [rescue [0 em rani ormmemaremne a8 a3 eres va EB | tccewemnconts) | joan cw Presence wbacce nan BE eam penn unmea armen oP Spaaaee 1D A7230 Imentonat Bot operty Dama Death (eg, ai | came Sstametemacy hy eenaoen es a Seema | arz0 nen none Does 5 (A722 cb PeenlieyPopny arate LAGI 109 ew 2715), CIVIL CASE COVER SHEET ADDENDUM Local Rule 2:3 ASC Approved 03-04 AND STATEMENT OF LOCATION Page tot 4 ‘Beat 3 Fagot @ ~ Doe 1D = 1679677969 ~ Doe type = om(rage 9 of 12) ‘Wong Terinaton (2), = . SOTTNE Cavison v, Media Arts Lab iscaleceae A 8 C erscatie cena mee = mea egies as Patent) _ [a As Oo GrmeaberenTecpanmamcaa faa BE [__canemee [a sons Gunmen ie a ‘umaanacig |e Aero Debrain araoay tae Hf [een waa [ eee vas Bf | poeceatmen en | hn onc recatnileret tt neatin tes iad Other (38), |Z ASI25 Other Non-Perscnal InjuryiProperty Damage tan 2D TD AEDS? Weel Terrnaon ‘omer Employment 15) Employment © ASI24 Ones EnrleymertConpabt Case @_ABI08 Latar Commissioner Agpest ‘oot 4 Pageh 9 = Doo HD = 1679677949 ~ boo Type = oma Rw bu eat son care (loonie may Srnec | gus oer Bec Sler Pe ache) tates |e asioWglgentBexrel Conca Ais One tex Conacrany sae regen i DA Gaeciow Cues Pa sen = tl D A8012 Other Promissory Note/Cailactions Case: S11 8 C1 6036 Colleesons Case-Purenased Debt (Charged Off Consumer Debt 5,611 : asses ete rete insane og) | OTS hor oe vase Ain cowed vase eercoanatm — oat Tose rromer waa Asa Onercondoipeebtbescinunatecnagiene) —|4.2.089 aoa SeEOMaMN® |G Nm tavenDoantntomsin Newedpean TB i ee 28 7 © Asal wipe tence FT camnwsrereran |e asm averie © ASI Ceres Peyote ema desta ted) te u eee tree 2 AG021 Untawfe! Detainer-Commercal (not drugs or wrangful eviction) oe Se | Uretsoese ete! | nanan unt Dens siden ct gs or wongteiee) att 3 grsaune [str nnd Ouaner Pat Fonnee zen SS |_esteoncecety | S| unentsoeuinertnas (oa) | AsO Unlan Cea Orugs 2.6.11 LACIV 106 Rev 216) CIVIL CASE COVER SHEET ADDENDUM Local Rute 2:3 LASC Approved 03-04 AND STATEMENT OF LOCATION Page 2of4(rage 10 of 3) HERE ysonv Media As Lab omen __® 3 [esa coseCae Stet Te een Sp Saco (Cree on esetFofenre (5) | ASB heel Fore Case 238 Pestence Artin 8) [ABTS PaotcConpeontmacte aton pe i eae eee 7 3% | weetaseso(on | nets wt-Mardomu en iniad Cot Cat Mater 3 1D ABIES Wit Otter Linked Cot Cse Revi 2 (ter taicaRevew@e) | AGT One Wa tcl Reven 28 g_ [Rims Reso [Af Ait Rein Tae ! 3B | conmetondetecitoy [1 ascor ConstuctonDetect 12a ' 3 Ga margins Tot fame 3 nas © ASE Chine neta aT 128 1 sesesincacesl len ier a : 3 ET oy | Astt6 Toxic Towentermenat wae 3 E | Mpemercreee ris | aso trance Conragetivegtin(cmplocat on) 1.258 ater Sir Sue eet 1 AID Atact f gnert ae xtreme |B ASOT Coren of ger non domes) BB | cctsemetin | soto amaze gear (rps Ee 1 ASM Petanentese tr Eno gman on Unt Tor 1. Ast12 Ober Enamel tudes Cave TICOR [ABN Radeteung RICO} Care 1 Av8 Deda Reet Oy ctacconpsns |. ABO Ire Rett Ott donee) matSpected Aion) 2) |e sort cerconnercil Cont Case oratenconpin i D_A6000 Other Chal Complaint nen-terUnan-compix) : eee oe G_AG113 Partnership and Corporaie Governance Case 28 | © Asta) caavansnet 2a | | 1D ABt28 WepaeHaceent 239 cnerrestcen pn | M2 OiesepeteAst tae Case aas SGectedabere) (2) |. Aste0 Een conn 2 AS! Patent Chnge Namscange Gener as 1 A817 Peter Reem ae Cn aaa © 5100 Ober cPeten LACIN 109 Rev 2716) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.3. LASC Approves 03-06 AND STATEMENT OF LOCATION Page Sof 4 ‘Doct 3 aged 10 - Dor 1D © 1679621949 ~ Doo Type = OTHERrage 11 of a) SONS Lacon v. Media Ats Lab ‘Step 4: Statement of Reason and Address: Check the appropriate boxes forthe numbers shown under Column forthe type of action that you have selected. Enter the address which the basis forthe filing oration including 2p code, {Wo address required for dass action cases), ame ne 12539 Beatrice St. 01.02.03.04.08.06.07. 08.0 9.010.011. Los Angeles joa 20086 ‘Step 5: Certification of Assignment: | cert that this case properly fled inthe Cental istrict of the Supetior Court of California, County of Los Angeles [Code Civ. Proc, §392 et seq, and Local Rule 238] 1)(€). Dateg: January 23, 2017 PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY TO BE FILED IN ORDER TO PROPERLY ‘CONMENCE YOUR NEW COURT CASE: 4, Original Complaint or Pelton. IW fiing a Complaint, completed Summons frm for issuance by the Clerk. Chil Case Cover Sheet, Judicial Counc form CM-010, Ghilgate Cover Sheet Adcendum nd Statement ct Locaon fom, LACIV 109, LASC Approved 3-04 (Re Paymentin fu ofthe filing f unless there i court crder for walver, paral scheduled payers ‘A signed order appointing the Guardian ad Litem, Judicial Council form CIV-010, ifthe plantiforpettioneris a ‘minor under 18 years of age willbe required by Court in order to issue a summons. 7. Additional copies of documents tobe conformed by the Clerk. Copies ofthe cove sheet and this addendum ‘must be served along with the summons and complaint or other intating pleading in he case. : ‘aciv 309 (Rev 2r6y CIVIL CASE COVER SHEET ADDENDUM Local Rule 23 asc Approved ance AND STATEMENT OF LOCATION Page df Deere eee ‘pect 7 Paget 23 - Doo xD = 1679627949 ~ Doo ype = OMER