1035-00003 · Flor de Luna Publishing, LLC · Pleadings

complaint-copyright-infringement.docx DOCUMENT Litigation

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Plaintiffs Marguerite D. Fonseca ("Fonseca"), Flor de Luna Publishing, LLC ("FDL Publishing"), and Mariposa Sound Recordings, LLC ("Mariposa Sound") (collectively, "Plaintiffs"), by and through their attorneys, Calderwood & Harkness LLP, hereby bring this action for copyright infringement under Title 17 of the United States Code against Defendant Crescendo Digital Media, Inc. ("Crescendo" or "Defendant"), and allege upon knowledge as to their own acts and upon information and belief as to all other matters as follows:

I. NATURE OF THE ACTION

1. This is a civil action for copyright infringement arising under the Copyright Act of 1976, 17 U.S.C. § 101 et seq. Plaintiffs seek actual damages, statutory damages, disgorgement of profits, injunctive relief, and attorneys' fees and costs resulting from Defendant's unauthorized reproduction, distribution, public performance, and digital transmission of Plaintiffs' copyrighted musical compositions and sound recordings.

2. Defendant Crescendo Digital Media, Inc. is a digital streaming and content aggregation company that operates a business-to-business and business-to-consumer platform under the brand name "Crescendo Stream." Over a period of approximately four years — from January 1, 2019 through at least December 31, 2022 — Crescendo unlawfully reproduced, distributed, publicly performed, and digitally transmitted forty-seven (47) copyrighted musical compositions and thirty-two (32) copyrighted sound recordings from Fonseca's catalog through its Crescendo Stream platform and sublicensed content packages, all without authorization from Plaintiffs or any authorized representative.

3. Crescendo's unauthorized use of Plaintiffs' Works was predicated on an expired blanket license previously held through Fonseca's former distributor, Peregrine Music Group, LLC ("Peregrine"). Peregrine ceased operations in November 2018, and the blanket license expired by its express terms on December 31, 2018. No successor license was ever executed, renewed, assigned, or otherwise conveyed to Crescendo. Despite these facts, Crescendo continued to exploit Plaintiffs' Works for over four years without obtaining any new or replacement authorization.

4. During the infringement period, Crescendo logged approximately 18,426,331 streams of Plaintiffs' Works on its platform. In addition, Crescendo sublicensed curated playlists containing Plaintiffs' Works to at least fourteen (14) commercial clients operating in the fitness, hospitality, and retail industries, generating sublicense revenue attributable to Plaintiffs' catalog of approximately $2,740,000. At no time during this period did Crescendo seek or obtain authorization from Plaintiffs, their publishing or recording entities, their administrator, or any other authorized representative to reproduce, distribute, publicly perform, or digitally transmit any of the Works at issue.

5. Plaintiffs seek actual damages and Crescendo's profits attributable to the infringement pursuant to 17 U.S.C. § 504(b), or, at Plaintiffs' election, statutory damages pursuant to 17 U.S.C. § 504(c), including enhanced statutory damages for willful infringement under 17 U.S.C. § 504(c)(2). Plaintiffs further seek a permanent injunction under 17 U.S.C. § 502, as well as attorneys' fees and full costs of suit under 17 U.S.C. § 505.

II. THE PARTIES

6. Plaintiff Marguerite D. Fonseca is an individual residing at 4827 Laurelgrove Avenue, Studio City, California 91604. Fonseca is a Grammy-nominated singer-songwriter, composer, and recording artist whose career spans approximately twenty-eight (28) years. Over the course of her career, Fonseca has released nine studio albums spanning the genres of Latin pop, jazz, and contemporary R&B. She has received three Grammy Award nominations and has been honored with two Latin Grammy Awards. Fonseca's catalog comprises 214 registered musical compositions and 188 registered sound recordings with the United States Copyright Office. Fonseca is the sole member and manager of both FDL Publishing and Mariposa Sound. Her combined average annual royalty income was approximately $1,820,000 over the five-year period preceding this dispute (2018–2022), derived from mechanical royalties, performance royalties, synchronization license fees, master use license fees, and streaming revenue.

7. Plaintiff Flor de Luna Publishing, LLC ("FDL Publishing") is a California single-member limited liability company with its principal office at 1200 South Grand Avenue, Suite 1450, Los Angeles, California 90015. FDL Publishing's Employer Identification Number is 82-4193507. FDL Publishing is the owner of the copyrights in the forty-seven (47) musical compositions at issue in this action, as identified in Exhibit A hereto. Fonseca is the sole member of FDL Publishing. FDL Publishing controls all publishing rights in Fonseca's catalog, including the exclusive rights of reproduction, distribution, public performance, and the preparation of derivative works with respect to Fonseca's musical compositions.

8. Plaintiff Mariposa Sound Recordings, LLC ("Mariposa Sound") is a California single-member limited liability company with its principal office at 1200 South Grand Avenue, Suite 1450, Los Angeles, California 90015. Mariposa Sound's Employer Identification Number is 84-2671058. Mariposa Sound is the owner of the copyrights in the thirty-two (32) sound recordings at issue in this action, as identified in Exhibit A hereto. Fonseca is the sole member of Mariposa Sound. Mariposa Sound controls all master recording rights in Fonseca's catalog, including the exclusive rights of reproduction, distribution, and digital audio transmission with respect to Fonseca's sound recordings.

9. Defendant Crescendo Digital Media, Inc. ("Crescendo") is a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 3100 Esperanza Crossing, Suite 600, Austin, Texas 78758. Crescendo's registered agent in the State of Delaware is Capitol Registered Agents, Inc., located at 1209 Orange Street, Wilmington, Delaware 19801. Crescendo's Employer Identification Number is 81-3729164. Crescendo operates a business-to-business ("B2B") and business-to-consumer ("B2C") digital streaming and content aggregation platform under the brand name "Crescendo Stream." Crescendo was founded in 2016 by its Chief Executive Officer, Nikolai R. Sorensen. For fiscal year 2022, Crescendo reported total revenue of approximately $189,000,000. Crescendo maintains licensing agreements with over 4,000 rights holders and sublicenses curated music packages to commercial clients in the fitness, hospitality, and retail industries. Crescendo also operates a direct-to-consumer streaming tier with approximately 2,300,000 active subscribers. Crescendo is privately held; in 2021, the company raised a $75,000,000 Series C financing round led by Ridgeline Ventures Partners, LP. Crescendo's General Counsel and Senior Vice President of Legal Affairs is Priya Chandrasekaran, who is responsible for the company's rights management, licensing compliance, and legal affairs.

III. JURISDICTION AND VENUE

10. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1338(a), as this action arises under the Copyright Act of 1976, 17 U.S.C. § 101 et seq. This Court has jurisdiction to grant the relief sought herein, including actual damages, statutory damages, injunctive relief, attorneys' fees, and costs.

11. Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b) and 1400(a). A substantial part of the events and omissions giving rise to the claims asserted in this Complaint occurred in this judicial district. Plaintiff Fonseca resides in Studio City, California, which is located within the Central District of California. The copyrighted Works at issue were created, in substantial part, in this district. Crescendo's streaming platform is accessible to and used by subscribers located in this district, and Crescendo has streamed Plaintiffs' copyrighted works to users in this district throughout the period of infringement.

12. This Court has personal jurisdiction over Crescendo. Crescendo transacts business in this district by operating its Crescendo Stream platform, which is accessible to and actively used by subscribers located in this district. Crescendo has subscribers in this district who have accessed and streamed Plaintiffs' copyrighted Works. Crescendo has streamed copyrighted content to users in this district and has thereby committed acts of copyright infringement within this district. Crescendo has purposefully directed its activities toward residents of this district and the State of California, and the exercise of jurisdiction over Crescendo comports with traditional notions of fair play and substantial justice.

IV. FACTUAL ALLEGATIONS

A. Fonseca's Musical Career and Copyrighted Works

13. Marguerite D. Fonseca is a Grammy-nominated singer-songwriter and recording artist with a professional career spanning approximately twenty-eight (28) years. Over the course of her career, Fonseca has released nine critically acclaimed studio albums encompassing the genres of Latin pop, jazz, and contemporary R&B. Her work has earned her three Grammy Award nominations and two Latin Grammy Awards, establishing her as a recognized and respected artist in the music industry. Fonseca's catalog comprises 214 registered musical compositions and 188 registered sound recordings with the United States Copyright Office.

14. Fonseca holds valid copyright registrations with the United States Copyright Office for each of the forty-seven (47) musical compositions at issue in this action, bearing Registration Numbers PA 1-742-891 through PA 2-318-406, and for each of the thirty-two (32) sound recordings at issue in this action, bearing Registration Numbers SR 0-891-220 through SR 1-104-773, as more particularly set forth in Exhibit A attached hereto and incorporated herein by reference (the "Works"). The registration dates for the Works span from 1998 through 2021. All registrations were timely filed — that is, within three months of first publication or prior to the commencement of infringement — thereby qualifying Plaintiffs for an award of statutory damages and attorneys' fees under 17 U.S.C. §§ 504(c) and 505.

15. FDL Publishing owns the copyrights in the forty-seven (47) musical compositions at issue, and Mariposa Sound owns the copyrights in the thirty-two (32) sound recordings at issue. Fonseca's catalog is administered on a non-exclusive basis by Thornfield Music Administration, Inc. ("Thornfield"), a Los Angeles-based independent music administration company. Thornfield's President is Raymond O. Sato. Thornfield collects mechanical and performance royalties on behalf of FDL Publishing. The administration agreement between FDL Publishing and Thornfield does not grant Thornfield any authority to license, assign, transfer, or otherwise convey reproduction, distribution, public performance, or digital transmission rights to third parties, including Crescendo.

B. The Peregrine Music Group Blanket License

16. From approximately January 1, 2016 through December 31, 2018, Peregrine Music Group, LLC ("Peregrine"), a California limited liability company that served as a digital music distributor, held a blanket license agreement (the "Peregrine License") to distribute certain of Fonseca's works to digital streaming platforms, including Crescendo. The Peregrine License Agreement was effective as of January 1, 2016 and expired by its express terms on December 31, 2018. The Peregrine License authorized Peregrine to distribute Fonseca's works to certain specified digital platforms for the duration of the license term and no longer.

17. The Peregrine License was non-transferable and non-assignable. It contained no automatic renewal provision and no evergreen clause. The license terminated upon either (a) the expiration of the term on December 31, 2018, or (b) the dissolution or cessation of operations of Peregrine, whichever occurred first. Peregrine ceased operations in November 2018, approximately one month prior to the scheduled expiration of the license. The Peregrine License expired by its own terms on December 31, 2018. No successor license was ever executed, assigned, renewed, extended, or replaced. Following the expiration of the Peregrine License, no entity or individual held any authority to license Fonseca's works to Crescendo or to any other digital platform on behalf of Plaintiffs.

C. Crescendo's Unauthorized Use of Plaintiffs' Works

18. Despite the expiration of the Peregrine License on December 31, 2018, Crescendo continued to reproduce, distribute, publicly perform, and digitally transmit the forty-seven (47) compositions and thirty-two (32) sound recordings identified in Exhibit A (collectively, the "Works") through its Crescendo Stream platform and sublicensed content packages from at least January 1, 2019 through at least December 31, 2022 — a continuous period of approximately forty-eight (48) months. At no point during this four-year period did Crescendo obtain any authorization from Plaintiffs, their entities, Thornfield Music Administration, or any other authorized representative for the continued use of the Works.

19. Upon information and belief, Crescendo's internal content management system tagged the Works as "cleared — blanket license," relying on the expired and non-renewed Peregrine blanket license as the sole basis for the purported clearance designation. This tagging persisted for over four years despite the Peregrine License's clear and unambiguous expiration date of December 31, 2018, and despite Peregrine's dissolution and cessation of operations in November 2018. At no time during this period did Crescendo or its personnel verify the current status of the Peregrine License, contact Plaintiffs or their representatives to confirm continued authorization, or otherwise take any steps to ensure that the Works were properly licensed for continued exploitation.

20. During the infringement period from January 1, 2019 through December 31, 2022, Crescendo's platform logged a total of approximately 18,426,331 streams of Plaintiffs' Works. These streams were made available to Crescendo's direct-to-consumer subscribers and to end users of Crescendo's commercial clients. Each stream constituted an unauthorized reproduction, distribution, public performance, and/or digital audio transmission of one or more of Plaintiffs' copyrighted Works.

21. In addition to direct-to-consumer streaming, Crescendo sublicensed curated playlists containing Plaintiffs' Works to at least fourteen (14) commercial clients operating in the fitness, hospitality, and retail industries. Upon information and belief, these commercial clients used the sublicensed playlists in their business establishments, including gyms, hotels, restaurants, and retail stores, thereby further reproducing, distributing, and publicly performing Plaintiffs' Works without authorization. Over the four-year infringement period, Crescendo generated sublicense revenue attributable to Plaintiffs' catalog of approximately $2,740,000.

22. At no time during the period from January 1, 2019 through the present did Crescendo obtain any mechanical license, synchronization license, master use license, digital audio transmission license, or any other form of authorization from Plaintiffs, their publishing or recording entities, Thornfield Music Administration, Inc., or any other authorized representative for the use of the Works. No rights were assigned, transferred, sublicensed, or otherwise conveyed to Crescendo following the expiration of the Peregrine License on December 31, 2018. Crescendo's continued exploitation of the Works was entirely unauthorized and without legal basis.

D. Pre-Litigation Demand and Crescendo's Response

23. On March 6, 2023, Plaintiffs' counsel, Calderwood & Harkness LLP, sent a detailed cease-and-desist letter to Crescendo's General Counsel, Priya Chandrasekaran, at Crescendo's principal place of business. The cease-and-desist letter identified the Works at issue, detailed the expiration of the Peregrine License, and demanded that Crescendo: (a) immediately cease all unauthorized use of Plaintiffs' Works; (b) remove all of Plaintiffs' Works from the Crescendo Stream platform and all sublicensed content packages; (c) preserve all documents, data, communications, and records relating to Crescendo's use, licensing, sublicensing, and exploitation of Plaintiffs' Works; (d) provide a full and complete accounting of all streams, sublicense revenues, and other income derived from the exploitation of Plaintiffs' Works from January 1, 2019 through the date of removal; and (e) pay all back-royalties and damages owed to Plaintiffs.

24. On March 17, 2023, the law firm of Hargrove, Pennington & Cao LLP, acting as outside counsel for Crescendo, responded to the cease-and-desist letter. In its response, Crescendo, through its counsel, disputed that any infringement had occurred and asserted that Crescendo had acted in good faith reliance on the expired Peregrine blanket license. Crescendo refused to cease use of the Works, refused to remove the Works from its platform, and refused to provide an accounting. As of the filing of this Complaint, Plaintiffs' Works remain available on the Crescendo Stream platform and in Crescendo's sublicensed content packages.

E. Willfulness.

25. Crescendo's infringement of Plaintiffs' copyrights was willful within the meaning of 17 U.S.C. § 504(c)(2). The following facts demonstrate the willful nature of Crescendo's conduct:

(a) Crescendo is a sophisticated digital media company with approximately $189,000,000 in annual revenue, over 2,300,000 active subscribers, and licensing agreements with over 4,000 rights holders. Crescendo is not a casual or unsophisticated user of copyrighted content; it is a large-scale commercial enterprise whose core business depends on the proper licensing and clearance of copyrighted musical works and sound recordings.

(b) Crescendo maintains an in-house legal department led by a General Counsel and Senior Vice President of Legal Affairs, Priya Chandrasekaran, who is specifically tasked with overseeing rights management and licensing compliance for the company's extensive catalog of licensed content.

(c) The Peregrine License had a fixed, unambiguous expiration date of December 31, 2018. The license contained no automatic renewal provision and no evergreen clause. The expiration date was plainly stated in the agreement and was not subject to any condition precedent or ambiguity.

(d) Peregrine Music Group, LLC ceased operations in November 2018 — more than four years before the end of the infringement period — a fact that, upon information and belief, was known or readily ascertainable to Crescendo and its licensing personnel.

(e) Despite maintaining a content management system specifically designed to track content clearance and licensing status, Crescendo failed to verify the license status of Plaintiffs' Works for over four years. Crescendo's content management system tagged the Works as "cleared — blanket license" based solely on the expired Peregrine License and failed to flag the license's expiration or the dissolution of Peregrine.

(f) Upon receiving the cease-and-desist letter from Plaintiffs' counsel on March 6, 2023, Crescendo refused to cease use of the Works, refused to remove the Works from its platform, and refused to provide an accounting, choosing instead to continue its unauthorized exploitation of Plaintiffs' copyrighted works.

26. At a minimum, Crescendo's conduct constitutes reckless disregard of, or willful blindness to, Plaintiffs' exclusive rights under the Copyright Act. A company of Crescendo's size, sophistication, and resources — with a dedicated in-house legal team responsible for licensing compliance — had both the ability and the obligation to verify the status of its content licenses and to ensure that it was not exploiting copyrighted works without authorization. Crescendo's failure to do so for a period of over four years, and its refusal to cease its infringing conduct upon being notified of the infringement, demonstrates willfulness warranting enhanced statutory damages under 17 U.S.C. § 504(c)(2).

V. FIRST CAUSE OF ACTION

(Against Defendant Crescendo Digital Media, Inc.)

27. Plaintiffs reallege and incorporate by reference each and every allegation set forth in Paragraphs 1 through 26 above as though fully set forth herein.

28. Plaintiff FDL Publishing is the owner of valid, subsisting, and duly registered copyrights in the forty-seven (47) musical compositions identified in Exhibit A attached hereto. The copyright registrations for the musical compositions at issue bear Registration Numbers PA 1-742-891 through PA 2-318-406 and were issued by the United States Copyright Office. All registrations were timely filed — within three months of first publication or prior to the commencement of infringement — as required to qualify for statutory damages and attorneys' fees under 17 U.S.C. §§ 504(c) and 505.

29. Crescendo, without authorization or license from FDL Publishing, Fonseca, Thornfield Music Administration, or any other authorized representative, has reproduced, distributed, publicly performed, and made available to the public the forty-seven (47) musical compositions identified in Exhibit A through its Crescendo Stream platform and sublicensed content packages, in violation of the exclusive rights granted to the copyright owner under 17 U.S.C. § 106, including but not limited to: (a) the right to reproduce the copyrighted works in copies or phonorecords under 17 U.S.C. § 106(1); (b) the right to distribute copies or phonorecords of the copyrighted works to the public by sale or other transfer of ownership, or by rental, lease, or lending under 17 U.S.C. § 106(3); and (c) the right to perform the copyrighted works publicly under 17 U.S.C. § 106(4). These unauthorized acts occurred continuously from at least January 1, 2019 through at least December 31, 2022, and upon information and belief, continue to the present date.

30. Crescendo's infringement of the forty-seven (47) musical compositions is willful and intentional within the meaning of 17 U.S.C. § 504(c)(2), for the reasons set forth in Paragraphs 25 and 26 above.

31. As a direct and proximate result of Crescendo's infringement of the forty-seven (47) musical compositions, Plaintiffs have been damaged in an amount to be proven at trial, but not less than $412,600 in unpaid mechanical and performance royalties. In addition, Plaintiffs are entitled to recover Crescendo's profits attributable to the infringement of the compositions, to the extent such profits are not taken into account in computing actual damages, pursuant to 17 U.S.C. § 504(b). In the alternative, Plaintiffs are entitled to elect, at any time before final judgment is rendered, statutory damages under 17 U.S.C. § 504(c) in an amount of up to $150,000 per work infringed willfully, for a potential aggregate statutory damages award of up to $7,050,000 with respect to the musical compositions alone.

VI. SECOND CAUSE OF ACTION

(Against Defendant Crescendo Digital Media, Inc.)

32. Plaintiffs reallege and incorporate by reference each and every allegation set forth in Paragraphs 1 through 31 above as though fully set forth herein.

33. Plaintiff Mariposa Sound is the owner of valid, subsisting, and duly registered copyrights in the thirty-two (32) sound recordings identified in Exhibit A attached hereto. The copyright registrations for the sound recordings at issue bear Registration Numbers SR 0-891-220 through SR 1-104-773 and were issued by the United States Copyright Office. All registrations were timely filed — within three months of first publication or prior to the commencement of infringement — as required to qualify for statutory damages and attorneys' fees under 17 U.S.C. §§ 504(c) and 505.

34. Crescendo, without authorization or license from Mariposa Sound, Fonseca, or any other authorized representative, has reproduced, distributed, and digitally transmitted the thirty-two (32) sound recordings identified in Exhibit A through its Crescendo Stream platform and sublicensed content packages, in violation of the exclusive rights granted to the copyright owner under 17 U.S.C. § 106, including but not limited to: (a) the right to reproduce the copyrighted sound recordings in copies or phonorecords under 17 U.S.C. § 106(1); (b) the right to distribute copies or phonorecords of the copyrighted sound recordings to the public by sale or other transfer of ownership, or by rental, lease, or lending under 17 U.S.C. § 106(3); and (c) the right to perform the copyrighted sound recordings publicly by means of a digital audio transmission under 17 U.S.C. § 106(6). These unauthorized acts occurred continuously from at least January 1, 2019 through at least December 31, 2022, and upon information and belief, continue to the present date.

35. Crescendo's infringement of the thirty-two (32) sound recordings is willful and intentional within the meaning of 17 U.S.C. § 504(c)(2), for the reasons set forth in Paragraphs 25 and 26 above.

36. As a direct and proximate result of Crescendo's infringement of the thirty-two (32) sound recordings, Plaintiffs have been damaged in an amount to be proven at trial, but not less than $548,200 in unpaid master use royalties. In addition, Plaintiffs are entitled to recover Crescendo's profits attributable to the infringement of the sound recordings, to the extent such profits are not taken into account in computing actual damages, pursuant to 17 U.S.C. § 504(b). In the alternative, Plaintiffs are entitled to elect, at any time before final judgment is rendered, statutory damages under 17 U.S.C. § 504(c) in an amount of up to $150,000 per work infringed willfully, pursuant to 17 U.S.C. § 504(c)(2).

VII. PRAYER FOR RELIEF

WHEREFORE, Plaintiffs Marguerite D. Fonseca, Flor de Luna Publishing, LLC, and Mariposa Sound Recordings, LLC respectfully pray for judgment against Defendant Crescendo Digital Media, Inc. as follows:

A. For a declaration that Crescendo has willfully infringed Plaintiffs' copyrights in the forty-seven (47) musical compositions and thirty-two (32) sound recordings identified in Exhibit A attached hereto;

B. For an award of actual damages suffered by Plaintiffs and Crescendo's profits attributable to the infringement, pursuant to 17 U.S.C. § 504(b), in an amount to be proven at trial, or, at Plaintiffs' election, for an award of statutory damages of up to $150,000 per work infringed willfully, pursuant to 17 U.S.C. § 504(c)(2), for a potential aggregate statutory damages award of up to $11,850,000;

C. For a permanent injunction pursuant to 17 U.S.C. § 502, enjoining Crescendo, its officers, directors, agents, servants, employees, attorneys, successors, assigns, and all persons acting in concert or participation with any of them, from further reproduction, distribution, public performance, digital audio transmission, or other exploitation of Plaintiffs' copyrighted Works, or any portion thereof, without express written authorization from Plaintiffs;

D. For an award of Plaintiffs' reasonable attorneys' fees and full costs of suit pursuant to 17 U.S.C. § 505;

E. For pre-judgment and post-judgment interest at the maximum rate permitted by law; and

F. For such other and further relief as this Court deems just, equitable, and proper.

VIII. DEMAND FOR JURY TRIAL

Plaintiffs hereby demand a trial by jury on all issues so triable in this action.

Respectfully submitted,

DATED: April 3, 2023

CALDERWOOD & HARKNESS LLP

By: ________

Alan Ngo (SBN 198742)

Christy Bauer (SBN 302156) 777 South Figueroa Street, 34th Floor Los Angeles, California 90017 Telephone: (213) 555-7400 Facsimile: (213) 555-7401

Email: a.ngo@calderwoodharkness.com

Email: c.bauer@calderwoodharkness.com

Attorneys for Plaintiffs Marguerite D. Fonseca, Flor de Luna Publishing, LLC, and Mariposa Sound Recordings, LLC

EXHIBIT A

SCHEDULE OF INFRINGED WORKS

PART 1 — MUSICAL COMPOSITIONS

PART 2 — SOUND RECORDINGS

All registrations listed in this Exhibit A were timely filed with the United States Copyright Office within three months of first publication or prior to the commencement of the infringement alleged herein, thereby qualifying Plaintiffs for statutory damages and attorneys' fees pursuant to 17 U.S.C. §§ 504(c) and 505.

CERTIFICATE OF SERVICE

I, Alan Ngo, hereby certify that on April 3, 2023, I caused a true and correct copy of the foregoing COMPLAINT FOR COPYRIGHT INFRINGEMENT, together with all exhibits attached thereto, the Civil Cover Sheet (Form JS-44), and the Summons, to be served upon Defendant Crescendo Digital Media, Inc. by the following methods:

1. By Sundial Data Systems Overnight Delivery to Defendant's principal place of business at the following address:

Crescendo Digital Media, Inc.

Attn: Priya Chandrasekaran, General Counsel & SVP, Legal Affairs

3100 Esperanza Crossing, Suite 600 Austin, Texas 78758

2. By Sundial Data Systems Overnight Delivery to Defendant's registered agent in the State of Delaware at the following address:

Capitol Registered Agents, Inc. (Registered Agent for Crescendo Digital Media, Inc.) 1209 Orange Street Wilmington, Delaware 19801

The filing fee required by 28 U.S.C. § 1914(a) has been paid. The Civil Cover Sheet (Form JS-44) has been completed and filed contemporaneously with this Complaint.

________________________________________

Alan Ngo (SBN 198742) CALDERWOOD & HARKNESS LLP 777 South Figueroa Street, 34th Floor Los Angeles, California 90017 Telephone: (213) 555-7400

Attorney for Plaintiffs

MARGUERITE D. FONSECA, an individual; FLOR DE LUNA PUBLISHING, LLC, a California limited liability company; and MARIPOSA SOUND RECORDINGS, LLC, a California limited liability company,	Case No. 2:23-cv-02841-RGK-PLA
Plaintiffs,	COMPLAINT FOR COPYRIGHT INFRINGEMENT
v.	(17 U.S.C. § 501)
CRESCENDO DIGITAL MEDIA, INC., a Delaware corporation,	DEMAND FOR JURY TRIAL

Defendant.

No.	Title	Reg. No.	Reg. Date	Copyright Owner	Author
1	Alas de Cristal	PA 1-742-891	06/12/1998	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
2	Noche sin Final	PA 1-749-003	08/20/1998	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
3	Río de Plata	PA 1-756-218	11/04/1998	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
4	Sombras del Mar	PA 1-771-440	02/17/1999	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
5	Fuego Lento	PA 1-788-592	07/09/1999	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
6	Cielo Abierto	PA 1-802-115	01/22/2000	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
7	Luz de Amanecer	PA 1-814-337	06/15/2000	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
8	Caminos Perdidos	PA 1-829-761	11/03/2000	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
9	Jardín Secreto	PA 1-845-200	04/18/2001	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
10	Corazón de Hierro	PA 1-858-412	09/07/2001	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
11	Viento y Arena	PA 1-872-690	02/11/2002	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
12	Mariposa Azul	PA 1-889-114	07/23/2002	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
13	Luna Creciente	PA 1-903-528	01/09/2003	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
14	Espejo Roto	PA 1-917-346	06/27/2003	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
15	Canción de Otoño	PA 1-930-781	12/05/2003	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
16	Puerta del Sol	PA 1-948-119	05/14/2004	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
17	Alma Errante	PA 1-962-553	10/22/2004	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
18	Dulce Veneno	PA 1-979-887	04/01/2005	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
19	Danza de Estrellas	PA 1-993-240	09/16/2005	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
20	Tiempo Perdido	PA 2-008-672	03/08/2006	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
21	Carta sin Remitente	PA 2-021-415	08/25/2006	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
22	Ríos de Miel	PA 2-037-890	02/14/2007	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
23	Ceniza y Oro	PA 2-052-318	07/30/2007	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
24	Huellas en la Arena	PA 2-068-741	01/18/2008	Flor de Luna Publishing, LLC	Marguerite D. Fonseca

25	Torre de Babel	PA 2-081-206	06/06/2008	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
26	Lluvia de Abril	PA 2-094-559	11/21/2008	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
27	Isla Escondida	PA 2-109-883	05/13/2009	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
28	Vals de Medianoche	PA 2-123-217	10/02/2009	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
29	Fantasma del Ayer	PA 2-138-640	03/19/2010	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
30	Primavera en París	PA 2-151-092	08/27/2010	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
31	Laberinto de Cristal	PA 2-166-478	02/04/2011	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
32	Canto del Ruiseñor	PA 2-179-831	07/15/2011	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
33	Amanecer Dorado	PA 2-193-264	12/30/2011	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
34	Flor de Loto	PA 2-208-697	06/08/2012	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
35	Destino Incierto	PA 2-221-130	11/16/2012	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
36	Olas del Pacífico	PA 2-234-562	04/25/2013	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
37	Susurros de Jade	PA 2-247-918	09/13/2013	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
38	Camino al Cielo	PA 2-261-354	02/28/2014	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
39	Fuente de Esperanza	PA 2-274-789	08/08/2014	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
40	Rosa Negra	PA 2-288-201	01/16/2015	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
41	Reloj de Arena	PA 2-296-543	06/24/2016	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
42	Puente de Suspiros	PA 2-301-877	11/10/2017	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
43	Estación Final	PA 2-306-214	04/19/2018	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
44	Horizonte Rojo	PA 2-309-648	09/06/2019	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
45	Cascada de Luz	PA 2-312-981	02/21/2020	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
46	Jardín de Invierno	PA 2-315-406	07/09/2020	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
47	Canción del Viento	PA 2-318-406	01/14/2021	Flor de Luna Publishing, LLC	Marguerite D. Fonseca
No.	Title	Reg. No.	Reg. Date	Copyright Owner	Performer/Author
1	Alas de Cristal	SR 0-891-220	06/12/1998	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca

2	Noche sin Final	SR 0-895-417	08/20/1998	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca
3	Río de Plata	SR 0-901-634	11/04/1998	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca
4	Sombras del Mar	SR 0-912-859	02/17/1999	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca
5	Fuego Lento	SR 0-924-073	07/09/1999	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca
6	Cielo Abierto	SR 0-937-291	01/22/2000	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca
7	Mariposa Azul	SR 0-949-518	07/23/2002	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca
8	Luna Creciente	SR 0-958-732	01/09/2003	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca
9	Espejo Roto	SR 0-967-146	06/27/2003	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca
10	Canción de Otoño	SR 0-978-360	12/05/2003	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca
11	Dulce Veneno	SR 0-989-584	04/01/2005	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca
12	Danza de Estrellas	SR 0-998-801	09/16/2005	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca
13	Tiempo Perdido	SR 1-007-019	03/08/2006	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca
14	Ceniza y Oro	SR 1-018-237	07/30/2007	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca
15	Huellas en la Arena	SR 1-027-451	01/18/2008	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca
16	Lluvia de Abril	SR 1-036-668	11/21/2008	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca
17	Isla Escondida	SR 1-045-882	05/13/2009	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca
18	Fantasma del Ayer	SR 1-052-109	03/19/2010	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca
19	Primavera en París	SR 1-058-327	08/27/2010	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca
20	Laberinto de Cristal	SR 1-064-541	02/04/2011	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca
21	Amanecer Dorado	SR 1-070-758	12/30/2011	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca
22	Flor de Loto	SR 1-076-972	06/08/2012	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca
23	Destino Incierto	SR 1-081-196	11/16/2012	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca
24	Olas del Pacífico	SR 1-085-410	04/25/2013	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca
25	Camino al Cielo	SR 1-089-627	02/28/2014	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca
26	Rosa Negra	SR 1-093-841	01/16/2015	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca

27	Reloj de Arena	SR 1-096-059	06/24/2016	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca
28	Puente de Suspiros	SR 1-098-274	11/10/2017	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca
29	Estación Final	SR 1-100-491	04/19/2018	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca
30	Horizonte Rojo	SR 1-101-712	09/06/2019	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca
31	Cascada de Luz	SR 1-102-930	02/21/2020	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca
32	Canción del Viento	SR 1-104-773	01/14/2021	Mariposa Sound Recordings, LLC	Marguerite D. Fonseca

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Plaintiffs Marguerite D. Fonseca ("Fonseca"), Flor de Luna Publishing, LLC ("FDL Publishing"), and Mariposa Sound Recordings, LLC ("Mariposa Sound") (collectively, "Plaintiffs"), by and through their attorneys, Calderwood & Harkness LLP, hereby bring this action for copyright infringement under Title 17 of the United States Code against Defendant Crescendo Digital Media, Inc. ("Crescendo" or "Defendant"), and allege upon knowledge as to their own acts and upon information and belief as to all other matters as follows:
I. NATURE OF THE ACTION
1.  This is a civil action for copyright infringement arising under the Copyright Act of 1976, 17 U.S.C. § 101 et seq. Plaintiffs seek actual damages, statutory damages, disgorgement of profits, injunctive relief, and attorneys' fees and costs resulting from Defendant's unauthorized reproduction, distribution, public performance, and digital transmission of Plaintiffs' copyrighted musical compositions and sound recordings.
2.  Defendant Crescendo Digital Media, Inc. is a digital streaming and content aggregation company that operates a business-to-business and business-to-consumer platform under the brand name "Crescendo Stream." Over a period of approximately four years — from January 1, 2019 through at least December 31, 2022 — Crescendo unlawfully reproduced, distributed, publicly performed, and digitally transmitted forty-seven (47) copyrighted musical compositions and thirty-two (32) copyrighted sound recordings from Fonseca's catalog through its Crescendo Stream platform and sublicensed content packages, all without authorization from Plaintiffs or any authorized representative.
3.  Crescendo's unauthorized use of Plaintiffs' Works was predicated on an expired blanket license previously held through Fonseca's former distributor, Peregrine Music Group, LLC ("Peregrine"). Peregrine ceased operations in November 2018, and the blanket license expired by its express terms on December 31, 2018. No successor license was ever executed, renewed, assigned, or otherwise conveyed to Crescendo. Despite these facts, Crescendo continued to exploit Plaintiffs' Works for over four years without obtaining any new or replacement authorization.
4.  During the infringement period, Crescendo logged approximately 18,426,331 streams of Plaintiffs' Works on its platform. In addition, Crescendo sublicensed curated playlists containing Plaintiffs' Works to at least fourteen (14) commercial clients operating in the fitness, hospitality, and retail industries, generating sublicense revenue attributable to Plaintiffs' catalog of approximately $2,740,000. At no time during this period did Crescendo seek or obtain authorization from Plaintiffs, their publishing or recording entities, their administrator, or any other authorized representative to reproduce, distribute, publicly perform, or digitally transmit any of the Works at issue.
5.  Plaintiffs seek actual damages and Crescendo's profits attributable to the infringement pursuant to 17 U.S.C. § 504(b), or, at Plaintiffs' election, statutory damages pursuant to 17 U.S.C. § 504(c), including enhanced statutory damages for willful infringement under 17 U.S.C. § 504(c)(2). Plaintiffs further seek a permanent injunction under 17 U.S.C. § 502, as well as attorneys' fees and full costs of suit under 17 U.S.C. § 505.
II. THE PARTIES
6.  Plaintiff Marguerite D. Fonseca is an individual residing at 4827 Laurelgrove Avenue, Studio City, California 91604. Fonseca is a Grammy-nominated singer-songwriter, composer, and recording artist whose career spans approximately twenty-eight (28) years. Over the course of her career, Fonseca has released nine studio albums spanning the genres of Latin pop, jazz, and contemporary R&B. She has received three Grammy Award nominations and has been honored with two Latin Grammy Awards. Fonseca's catalog comprises 214 registered musical compositions and 188 registered sound recordings with the United States Copyright Office. Fonseca is the sole member and manager of both FDL Publishing and Mariposa Sound. Her combined average annual royalty income was approximately $1,820,000 over the five-year period preceding this dispute (2018–2022), derived from mechanical royalties, performance royalties, synchronization license fees, master use license fees, and streaming revenue.
7.  Plaintiff Flor de Luna Publishing, LLC ("FDL Publishing") is a California single-member limited liability company with its principal office at 1200 South Grand Avenue, Suite 1450, Los Angeles, California 90015. FDL Publishing's Employer Identification Number is 82-4193507. FDL Publishing is the owner of the copyrights in the forty-seven (47) musical compositions at issue in this action, as identified in Exhibit A hereto. Fonseca is the sole member of FDL Publishing. FDL Publishing controls all publishing rights in Fonseca's catalog, including the exclusive rights of reproduction, distribution, public performance, and the preparation of derivative works with respect to Fonseca's musical compositions.
8.  Plaintiff Mariposa Sound Recordings, LLC ("Mariposa Sound") is a California single-member limited liability company with its principal office at 1200 South Grand Avenue, Suite 1450, Los Angeles, California 90015. Mariposa Sound's Employer Identification Number is 84-2671058. Mariposa Sound is the owner of the copyrights in the thirty-two (32) sound recordings at issue in this action, as identified in Exhibit A hereto. Fonseca is the sole member of Mariposa Sound. Mariposa Sound controls all master recording rights in Fonseca's catalog, including the exclusive rights of reproduction, distribution, and digital audio transmission with respect to Fonseca's sound recordings.
9.  Defendant Crescendo Digital Media, Inc. ("Crescendo") is a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 3100 Esperanza Crossing, Suite 600, Austin, Texas 78758. Crescendo's registered agent in the State of Delaware is Capitol Registered Agents, Inc., located at 1209 Orange Street, Wilmington, Delaware 19801. Crescendo's Employer Identification Number is 81-3729164. Crescendo operates a business-to-business ("B2B") and business-to-consumer ("B2C") digital streaming and content aggregation platform under the brand name "Crescendo Stream." Crescendo was founded in 2016 by its Chief Executive Officer, Nikolai R. Sorensen. For fiscal year 2022, Crescendo reported total revenue of approximately $189,000,000. Crescendo maintains licensing agreements with over 4,000 rights holders and sublicenses curated music packages to commercial clients in the fitness, hospitality, and retail industries. Crescendo also operates a direct-to-consumer streaming tier with approximately 2,300,000 active subscribers. Crescendo is privately held; in 2021, the company raised a $75,000,000 Series C financing round led by Ridgeline Ventures Partners, LP. Crescendo's General Counsel and Senior Vice President of Legal Affairs is Priya Chandrasekaran, who is responsible for the company's rights management, licensing compliance, and legal affairs.
III. JURISDICTION AND VENUE
10.  This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1338(a), as this action arises under the Copyright Act of 1976, 17 U.S.C. § 101 et seq. This Court has jurisdiction to grant the relief sought herein, including actual damages, statutory damages, injunctive relief, attorneys' fees, and costs.
11.  Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b) and 1400(a). A substantial part of the events and omissions giving rise to the claims asserted in this Complaint occurred in this judicial district. Plaintiff Fonseca resides in Studio City, California, which is located within the Central District of California. The copyrighted Works at issue were created, in substantial part, in this district. Crescendo's streaming platform is accessible to and used by subscribers located in this district, and Crescendo has streamed Plaintiffs' copyrighted works to users in this district throughout the period of infringement.
12.  This Court has personal jurisdiction over Crescendo. Crescendo transacts business in this district by operating its Crescendo Stream platform, which is accessible to and actively used by subscribers located in this district. Crescendo has subscribers in this district who have accessed and streamed Plaintiffs' copyrighted Works. Crescendo has streamed copyrighted content to users in this district and has thereby committed acts of copyright infringement within this district. Crescendo has purposefully directed its activities toward residents of this district and the State of California, and the exercise of jurisdiction over Crescendo comports with traditional notions of fair play and substantial justice.
IV. FACTUAL ALLEGATIONS
A. Fonseca's Musical Career and Copyrighted Works
13.  Marguerite D. Fonseca is a Grammy-nominated singer-songwriter and recording artist with a professional career spanning approximately twenty-eight (28) years. Over the course of her career, Fonseca has released nine critically acclaimed studio albums encompassing the genres of Latin pop, jazz, and contemporary R&B. Her work has earned her three Grammy Award nominations and two Latin Grammy Awards, establishing her as a recognized and respected artist in the music industry. Fonseca's catalog comprises 214 registered musical compositions and 188 registered sound recordings with the United States Copyright Office.
14.  Fonseca holds valid copyright registrations with the United States Copyright Office for each of the forty-seven (47) musical compositions at issue in this action, bearing Registration Numbers PA 1-742-891 through PA 2-318-406, and for each of the thirty-two (32) sound recordings at issue in this action, bearing Registration Numbers SR 0-891-220 through SR 1-104-773, as more particularly set forth in Exhibit A attached hereto and incorporated herein by reference (the "Works"). The registration dates for the Works span from 1998 through 2021. All registrations were timely filed — that is, within three months of first publication or prior to the commencement of infringement — thereby qualifying Plaintiffs for an award of statutory damages and attorneys' fees under 17 U.S.C. §§ 504(c) and 505.
15.  FDL Publishing owns the copyrights in the forty-seven (47) musical compositions at issue, and Mariposa Sound owns the copyrights in the thirty-two (32) sound recordings at issue. Fonseca's catalog is administered on a non-exclusive basis by Thornfield Music Administration, Inc. ("Thornfield"), a Los Angeles-based independent music administration company. Thornfield's President is Raymond O. Sato. Thornfield collects mechanical and performance royalties on behalf of FDL Publishing. The administration agreement between FDL Publishing and Thornfield does not grant Thornfield any authority to license, assign, transfer, or otherwise convey reproduction, distribution, public performance, or digital transmission rights to third parties, including Crescendo.
B. The Peregrine Music Group Blanket License
16.  From approximately January 1, 2016 through December 31, 2018, Peregrine Music Group, LLC ("Peregrine"), a California limited liability company that served as a digital music distributor, held a blanket license agreement (the "Peregrine License") to distribute certain of Fonseca's works to digital streaming platforms, including Crescendo. The Peregrine License Agreement was effective as of January 1, 2016 and expired by its express terms on December 31, 2018. The Peregrine License authorized Peregrine to distribute Fonseca's works to certain specified digital platforms for the duration of the license term and no longer.
17.  The Peregrine License was non-transferable and non-assignable. It contained no automatic renewal provision and no evergreen clause. The license terminated upon either (a) the expiration of the term on December 31, 2018, or (b) the dissolution or cessation of operations of Peregrine, whichever occurred first. Peregrine ceased operations in November 2018, approximately one month prior to the scheduled expiration of the license. The Peregrine License expired by its own terms on December 31, 2018. No successor license was ever executed, assigned, renewed, extended, or replaced. Following the expiration of the Peregrine License, no entity or individual held any authority to license Fonseca's works to Crescendo or to any other digital platform on behalf of Plaintiffs.
C. Crescendo's Unauthorized Use of Plaintiffs' Works
18.  Despite the expiration of the Peregrine License on December 31, 2018, Crescendo continued to reproduce, distribute, publicly perform, and digitally transmit the forty-seven (47) compositions and thirty-two (32) sound recordings identified in Exhibit A (collectively, the "Works") through its Crescendo Stream platform and sublicensed content packages from at least January 1, 2019 through at least December 31, 2022 — a continuous period of approximately forty-eight (48) months. At no point during this four-year period did Crescendo obtain any authorization from Plaintiffs, their entities, Thornfield Music Administration, or any other authorized representative for the continued use of the Works.
19.  Upon information and belief, Crescendo's internal content management system tagged the Works as "cleared — blanket license," relying on the expired and non-renewed Peregrine blanket license as the sole basis for the purported clearance designation. This tagging persisted for over four years despite the Peregrine License's clear and unambiguous expiration date of December 31, 2018, and despite Peregrine's dissolution and cessation of operations in November 2018. At no time during this period did Crescendo or its personnel verify the current status of the Peregrine License, contact Plaintiffs or their representatives to confirm continued authorization, or otherwise take any steps to ensure that the Works were properly licensed for continued exploitation.
20.  During the infringement period from January 1, 2019 through December 31, 2022, Crescendo's platform logged a total of approximately 18,426,331 streams of Plaintiffs' Works. These streams were made available to Crescendo's direct-to-consumer subscribers and to end users of Crescendo's commercial clients. Each stream constituted an unauthorized reproduction, distribution, public performance, and/or digital audio transmission of one or more of Plaintiffs' copyrighted Works.
21.  In addition to direct-to-consumer streaming, Crescendo sublicensed curated playlists containing Plaintiffs' Works to at least fourteen (14) commercial clients operating in the fitness, hospitality, and retail industries. Upon information and belief, these commercial clients used the sublicensed playlists in their business establishments, including gyms, hotels, restaurants, and retail stores, thereby further reproducing, distributing, and publicly performing Plaintiffs' Works without authorization. Over the four-year infringement period, Crescendo generated sublicense revenue attributable to Plaintiffs' catalog of approximately $2,740,000.
22.  At no time during the period from January 1, 2019 through the present did Crescendo obtain any mechanical license, synchronization license, master use license, digital audio transmission license, or any other form of authorization from Plaintiffs, their publishing or recording entities, Thornfield Music Administration, Inc., or any other authorized representative for the use of the Works. No rights were assigned, transferred, sublicensed, or otherwise conveyed to Crescendo following the expiration of the Peregrine License on December 31, 2018. Crescendo's continued exploitation of the Works was entirely unauthorized and without legal basis.
D. Pre-Litigation Demand and Crescendo's Response
23.  On March 6, 2023, Plaintiffs' counsel, Calderwood & Harkness LLP, sent a detailed cease-and-desist letter to Crescendo's General Counsel, Priya Chandrasekaran, at Crescendo's principal place of business. The cease-and-desist letter identified the Works at issue, detailed the expiration of the Peregrine License, and demanded that Crescendo: (a) immediately cease all unauthorized use of Plaintiffs' Works; (b) remove all of Plaintiffs' Works from the Crescendo Stream platform and all sublicensed content packages; (c) preserve all documents, data, communications, and records relating to Crescendo's use, licensing, sublicensing, and exploitation of Plaintiffs' Works; (d) provide a full and complete accounting of all streams, sublicense revenues, and other income derived from the exploitation of Plaintiffs' Works from January 1, 2019 through the date of removal; and (e) pay all back-royalties and damages owed to Plaintiffs.
24.  On March 17, 2023, the law firm of Hargrove, Pennington & Cao LLP, acting as outside counsel for Crescendo, responded to the cease-and-desist letter. In its response, Crescendo, through its counsel, disputed that any infringement had occurred and asserted that Crescendo had acted in good faith reliance on the expired Peregrine blanket license. Crescendo refused to cease use of the Works, refused to remove the Works from its platform, and refused to provide an accounting. As of the filing of this Complaint, Plaintiffs' Works remain available on the Crescendo Stream platform and in Crescendo's sublicensed content packages.
E. Willfulness.  
25.  Crescendo's infringement of Plaintiffs' copyrights was willful within the meaning of 17 U.S.C. § 504(c)(2). The following facts demonstrate the willful nature of Crescendo's conduct:
(a) Crescendo is a sophisticated digital media company with approximately $189,000,000 in annual revenue, over 2,300,000 active subscribers, and licensing agreements with over 4,000 rights holders. Crescendo is not a casual or unsophisticated user of copyrighted content; it is a large-scale commercial enterprise whose core business depends on the proper licensing and clearance of copyrighted musical works and sound recordings.
(b) Crescendo maintains an in-house legal department led by a General Counsel and Senior Vice President of Legal Affairs, Priya Chandrasekaran, who is specifically tasked with overseeing rights management and licensing compliance for the company's extensive catalog of licensed content.
(c) The Peregrine License had a fixed, unambiguous expiration date of December 31, 2018. The license contained no automatic renewal provision and no evergreen clause. The expiration date was plainly stated in the agreement and was not subject to any condition precedent or ambiguity.
(d) Peregrine Music Group, LLC ceased operations in November 2018 — more than four years before the end of the infringement period — a fact that, upon information and belief, was known or readily ascertainable to Crescendo and its licensing personnel.
(e) Despite maintaining a content management system specifically designed to track content clearance and licensing status, Crescendo failed to verify the license status of Plaintiffs' Works for over four years. Crescendo's content management system tagged the Works as "cleared — blanket license" based solely on the expired Peregrine License and failed to flag the license's expiration or the dissolution of Peregrine.
(f) Upon receiving the cease-and-desist letter from Plaintiffs' counsel on March 6, 2023, Crescendo refused to cease use of the Works, refused to remove the Works from its platform, and refused to provide an accounting, choosing instead to continue its unauthorized exploitation of Plaintiffs' copyrighted works.
26.  At a minimum, Crescendo's conduct constitutes reckless disregard of, or willful blindness to, Plaintiffs' exclusive rights under the Copyright Act. A company of Crescendo's size, sophistication, and resources — with a dedicated in-house legal team responsible for licensing compliance — had both the ability and the obligation to verify the status of its content licenses and to ensure that it was not exploiting copyrighted works without authorization. Crescendo's failure to do so for a period of over four years, and its refusal to cease its infringing conduct upon being notified of the infringement, demonstrates willfulness warranting enhanced statutory damages under 17 U.S.C. § 504(c)(2).
V. FIRST CAUSE OF ACTION
Copyright Infringement of Musical Compositions (17 U.S.C. § 501)
(Against Defendant Crescendo Digital Media, Inc.)
27.  Plaintiffs reallege and incorporate by reference each and every allegation set forth in Paragraphs 1 through 26 above as though fully set forth herein.
28.  Plaintiff FDL Publishing is the owner of valid, subsisting, and duly registered copyrights in the forty-seven (47) musical compositions identified in Exhibit A attached hereto. The copyright registrations for the musical compositions at issue bear Registration Numbers PA 1-742-891 through PA 2-318-406 and were issued by the United States Copyright Office. All registrations were timely filed — within three months of first publication or prior to the commencement of infringement — as required to qualify for statutory damages and attorneys' fees under 17 U.S.C. §§ 504(c) and 505.
29.  Crescendo, without authorization or license from FDL Publishing, Fonseca, Thornfield Music Administration, or any other authorized representative, has reproduced, distributed, publicly performed, and made available to the public the forty-seven (47) musical compositions identified in Exhibit A through its Crescendo Stream platform and sublicensed content packages, in violation of the exclusive rights granted to the copyright owner under 17 U.S.C. § 106, including but not limited to: (a) the right to reproduce the copyrighted works in copies or phonorecords under 17 U.S.C. § 106(1); (b) the right to distribute copies or phonorecords of the copyrighted works to the public by sale or other transfer of ownership, or by rental, lease, or lending under 17 U.S.C. § 106(3); and (c) the right to perform the copyrighted works publicly under 17 U.S.C. § 106(4). These unauthorized acts occurred continuously from at least January 1, 2019 through at least December 31, 2022, and upon information and belief, continue to the present date.
30.  Crescendo's infringement of the forty-seven (47) musical compositions is willful and intentional within the meaning of 17 U.S.C. § 504(c)(2), for the reasons set forth in Paragraphs 25 and 26 above.
31.  As a direct and proximate result of Crescendo's infringement of the forty-seven (47) musical compositions, Plaintiffs have been damaged in an amount to be proven at trial, but not less than $412,600 in unpaid mechanical and performance royalties. In addition, Plaintiffs are entitled to recover Crescendo's profits attributable to the infringement of the compositions, to the extent such profits are not taken into account in computing actual damages, pursuant to 17 U.S.C. § 504(b). In the alternative, Plaintiffs are entitled to elect, at any time before final judgment is rendered, statutory damages under 17 U.S.C. § 504(c) in an amount of up to $150,000 per work infringed willfully, for a potential aggregate statutory damages award of up to $7,050,000 with respect to the musical compositions alone.
VI. SECOND CAUSE OF ACTION
Copyright Infringement of Sound Recordings (17 U.S.C. § 501)
(Against Defendant Crescendo Digital Media, Inc.)
32.  Plaintiffs reallege and incorporate by reference each and every allegation set forth in Paragraphs 1 through 31 above as though fully set forth herein.
33.  Plaintiff Mariposa Sound is the owner of valid, subsisting, and duly registered copyrights in the thirty-two (32) sound recordings identified in Exhibit A attached hereto. The copyright registrations for the sound recordings at issue bear Registration Numbers SR 0-891-220 through SR 1-104-773 and were issued by the United States Copyright Office. All registrations were timely filed — within three months of first publication or prior to the commencement of infringement — as required to qualify for statutory damages and attorneys' fees under 17 U.S.C. §§ 504(c) and 505.
34.  Crescendo, without authorization or license from Mariposa Sound, Fonseca, or any other authorized representative, has reproduced, distributed, and digitally transmitted the thirty-two (32) sound recordings identified in Exhibit A through its Crescendo Stream platform and sublicensed content packages, in violation of the exclusive rights granted to the copyright owner under 17 U.S.C. § 106, including but not limited to: (a) the right to reproduce the copyrighted sound recordings in copies or phonorecords under 17 U.S.C. § 106(1); (b) the right to distribute copies or phonorecords of the copyrighted sound recordings to the public by sale or other transfer of ownership, or by rental, lease, or lending under 17 U.S.C. § 106(3); and (c) the right to perform the copyrighted sound recordings publicly by means of a digital audio transmission under 17 U.S.C. § 106(6). These unauthorized acts occurred continuously from at least January 1, 2019 through at least December 31, 2022, and upon information and belief, continue to the present date.
35.  Crescendo's infringement of the thirty-two (32) sound recordings is willful and intentional within the meaning of 17 U.S.C. § 504(c)(2), for the reasons set forth in Paragraphs 25 and 26 above.
36.  As a direct and proximate result of Crescendo's infringement of the thirty-two (32) sound recordings, Plaintiffs have been damaged in an amount to be proven at trial, but not less than $548,200 in unpaid master use royalties. In addition, Plaintiffs are entitled to recover Crescendo's profits attributable to the infringement of the sound recordings, to the extent such profits are not taken into account in computing actual damages, pursuant to 17 U.S.C. § 504(b). In the alternative, Plaintiffs are entitled to elect, at any time before final judgment is rendered, statutory damages under 17 U.S.C. § 504(c) in an amount of up to $150,000 per work infringed willfully, pursuant to 17 U.S.C. § 504(c)(2).
VII. PRAYER FOR RELIEF
WHEREFORE, Plaintiffs Marguerite D. Fonseca, Flor de Luna Publishing, LLC, and Mariposa Sound Recordings, LLC respectfully pray for judgment against Defendant Crescendo Digital Media, Inc. as follows:
A. For a declaration that Crescendo has willfully infringed Plaintiffs' copyrights in the forty-seven (47) musical compositions and thirty-two (32) sound recordings identified in Exhibit A attached hereto;
B. For an award of actual damages suffered by Plaintiffs and Crescendo's profits attributable to the infringement, pursuant to 17 U.S.C. § 504(b), in an amount to be proven at trial, or, at Plaintiffs' election, for an award of statutory damages of up to $150,000 per work infringed willfully, pursuant to 17 U.S.C. § 504(c)(2), for a potential aggregate statutory damages award of up to $11,850,000;
C. For a permanent injunction pursuant to 17 U.S.C. § 502, enjoining Crescendo, its officers, directors, agents, servants, employees, attorneys, successors, assigns, and all persons acting in concert or participation with any of them, from further reproduction, distribution, public performance, digital audio transmission, or other exploitation of Plaintiffs' copyrighted Works, or any portion thereof, without express written authorization from Plaintiffs;
D. For an award of Plaintiffs' reasonable attorneys' fees and full costs of suit pursuant to 17 U.S.C. § 505;
E. For pre-judgment and post-judgment interest at the maximum rate permitted by law; and
F. For such other and further relief as this Court deems just, equitable, and proper.
VIII. DEMAND FOR JURY TRIAL
Plaintiffs hereby demand a trial by jury on all issues so triable in this action.
Respectfully submitted,
DATED: April 3, 2023
CALDERWOOD & HARKNESS LLP
By: ________
Alan Ngo (SBN 198742)
Christy Bauer (SBN 302156) 777 South Figueroa Street, 34th Floor Los Angeles, California 90017 Telephone: (213) 555-7400 Facsimile: (213) 555-7401
Email: a.ngo@calderwoodharkness.com
Email: c.bauer@calderwoodharkness.com
Attorneys for Plaintiffs Marguerite D. Fonseca, Flor de Luna Publishing, LLC, and Mariposa Sound Recordings, LLC
EXHIBIT A
SCHEDULE OF INFRINGED WORKS
PART 1 — MUSICAL COMPOSITIONS
Copyright Owner: Flor de Luna Publishing, LLC Author: Marguerite D. Fonseca
PART 2 — SOUND RECORDINGS
Copyright Owner: Mariposa Sound Recordings, LLC Performer/Author: Marguerite D. Fonseca
All registrations listed in this Exhibit A were timely filed with the United States Copyright Office within three months of first publication or prior to the commencement of the infringement alleged herein, thereby qualifying Plaintiffs for statutory damages and attorneys' fees pursuant to 17 U.S.C. §§ 504(c) and 505.
CERTIFICATE OF SERVICE
I, Alan Ngo, hereby certify that on April 3, 2023, I caused a true and correct copy of the foregoing COMPLAINT FOR COPYRIGHT INFRINGEMENT, together with all exhibits attached thereto, the Civil Cover Sheet (Form JS-44), and the Summons, to be served upon Defendant Crescendo Digital Media, Inc. by the following methods:
1.  By Sundial Data Systems Overnight Delivery to Defendant's principal place of business at the following address:
Crescendo Digital Media, Inc.
Attn: Priya Chandrasekaran, General Counsel & SVP, Legal Affairs
3100 Esperanza Crossing, Suite 600 Austin, Texas 78758
2.  By Sundial Data Systems Overnight Delivery to Defendant's registered agent in the State of Delaware at the following address:
Capitol Registered Agents, Inc. (Registered Agent for Crescendo Digital Media, Inc.) 1209 Orange Street Wilmington, Delaware 19801
The filing fee required by 28 U.S.C. § 1914(a) has been paid. The Civil Cover Sheet (Form JS-44) has been completed and filed contemporaneously with this Complaint.
________________________________________
Alan Ngo (SBN 198742) CALDERWOOD & HARKNESS LLP 777 South Figueroa Street, 34th Floor Los Angeles, California 90017 Telephone: (213) 555-7400
Attorney for Plaintiffs
MARGUERITE D. FONSECA, an individual; FLOR DE LUNA PUBLISHING, LLC, a California limited liability company; and MARIPOSA SOUND RECORDINGS, LLC, a California limited liability company, | Case No. 2:23-cv-02841-RGK-PLA
Plaintiffs, | COMPLAINT FOR COPYRIGHT INFRINGEMENT
v. | (17 U.S.C. § 501)
CRESCENDO DIGITAL MEDIA, INC., a Delaware corporation, | DEMAND FOR JURY TRIAL
Defendant.
No. | Title | Reg. No. | Reg. Date | Copyright Owner | Author
1 | Alas de Cristal | PA 1-742-891 | 06/12/1998 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
2 | Noche sin Final | PA 1-749-003 | 08/20/1998 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
3 | Río de Plata | PA 1-756-218 | 11/04/1998 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
4 | Sombras del Mar | PA 1-771-440 | 02/17/1999 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
5 | Fuego Lento | PA 1-788-592 | 07/09/1999 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
6 | Cielo Abierto | PA 1-802-115 | 01/22/2000 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
7 | Luz de Amanecer | PA 1-814-337 | 06/15/2000 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
8 | Caminos Perdidos | PA 1-829-761 | 11/03/2000 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
9 | Jardín Secreto | PA 1-845-200 | 04/18/2001 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
10 | Corazón de Hierro | PA 1-858-412 | 09/07/2001 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
11 | Viento y Arena | PA 1-872-690 | 02/11/2002 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
12 | Mariposa Azul | PA 1-889-114 | 07/23/2002 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
13 | Luna Creciente | PA 1-903-528 | 01/09/2003 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
14 | Espejo Roto | PA 1-917-346 | 06/27/2003 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
15 | Canción de Otoño | PA 1-930-781 | 12/05/2003 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
16 | Puerta del Sol | PA 1-948-119 | 05/14/2004 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
17 | Alma Errante | PA 1-962-553 | 10/22/2004 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
18 | Dulce Veneno | PA 1-979-887 | 04/01/2005 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
19 | Danza de Estrellas | PA 1-993-240 | 09/16/2005 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
20 | Tiempo Perdido | PA 2-008-672 | 03/08/2006 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
21 | Carta sin Remitente | PA 2-021-415 | 08/25/2006 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
22 | Ríos de Miel | PA 2-037-890 | 02/14/2007 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
23 | Ceniza y Oro | PA 2-052-318 | 07/30/2007 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
24 | Huellas en la Arena | PA 2-068-741 | 01/18/2008 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
25 | Torre de Babel | PA 2-081-206 | 06/06/2008 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
26 | Lluvia de Abril | PA 2-094-559 | 11/21/2008 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
27 | Isla Escondida | PA 2-109-883 | 05/13/2009 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
28 | Vals de Medianoche | PA 2-123-217 | 10/02/2009 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
29 | Fantasma del Ayer | PA 2-138-640 | 03/19/2010 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
30 | Primavera en París | PA 2-151-092 | 08/27/2010 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
31 | Laberinto de Cristal | PA 2-166-478 | 02/04/2011 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
32 | Canto del Ruiseñor | PA 2-179-831 | 07/15/2011 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
33 | Amanecer Dorado | PA 2-193-264 | 12/30/2011 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
34 | Flor de Loto | PA 2-208-697 | 06/08/2012 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
35 | Destino Incierto | PA 2-221-130 | 11/16/2012 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
36 | Olas del Pacífico | PA 2-234-562 | 04/25/2013 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
37 | Susurros de Jade | PA 2-247-918 | 09/13/2013 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
38 | Camino al Cielo | PA 2-261-354 | 02/28/2014 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
39 | Fuente de Esperanza | PA 2-274-789 | 08/08/2014 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
40 | Rosa Negra | PA 2-288-201 | 01/16/2015 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
41 | Reloj de Arena | PA 2-296-543 | 06/24/2016 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
42 | Puente de Suspiros | PA 2-301-877 | 11/10/2017 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
43 | Estación Final | PA 2-306-214 | 04/19/2018 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
44 | Horizonte Rojo | PA 2-309-648 | 09/06/2019 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
45 | Cascada de Luz | PA 2-312-981 | 02/21/2020 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
46 | Jardín de Invierno | PA 2-315-406 | 07/09/2020 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
47 | Canción del Viento | PA 2-318-406 | 01/14/2021 | Flor de Luna Publishing, LLC | Marguerite D. Fonseca
No. | Title | Reg. No. | Reg. Date | Copyright Owner | Performer/Author
1 | Alas de Cristal | SR 0-891-220 | 06/12/1998 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca
2 | Noche sin Final | SR 0-895-417 | 08/20/1998 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca
3 | Río de Plata | SR 0-901-634 | 11/04/1998 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca
4 | Sombras del Mar | SR 0-912-859 | 02/17/1999 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca
5 | Fuego Lento | SR 0-924-073 | 07/09/1999 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca
6 | Cielo Abierto | SR 0-937-291 | 01/22/2000 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca
7 | Mariposa Azul | SR 0-949-518 | 07/23/2002 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca
8 | Luna Creciente | SR 0-958-732 | 01/09/2003 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca
9 | Espejo Roto | SR 0-967-146 | 06/27/2003 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca
10 | Canción de Otoño | SR 0-978-360 | 12/05/2003 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca
11 | Dulce Veneno | SR 0-989-584 | 04/01/2005 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca
12 | Danza de Estrellas | SR 0-998-801 | 09/16/2005 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca
13 | Tiempo Perdido | SR 1-007-019 | 03/08/2006 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca
14 | Ceniza y Oro | SR 1-018-237 | 07/30/2007 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca
15 | Huellas en la Arena | SR 1-027-451 | 01/18/2008 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca
16 | Lluvia de Abril | SR 1-036-668 | 11/21/2008 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca
17 | Isla Escondida | SR 1-045-882 | 05/13/2009 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca
18 | Fantasma del Ayer | SR 1-052-109 | 03/19/2010 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca
19 | Primavera en París | SR 1-058-327 | 08/27/2010 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca
20 | Laberinto de Cristal | SR 1-064-541 | 02/04/2011 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca
21 | Amanecer Dorado | SR 1-070-758 | 12/30/2011 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca
22 | Flor de Loto | SR 1-076-972 | 06/08/2012 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca
23 | Destino Incierto | SR 1-081-196 | 11/16/2012 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca
24 | Olas del Pacífico | SR 1-085-410 | 04/25/2013 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca
25 | Camino al Cielo | SR 1-089-627 | 02/28/2014 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca
26 | Rosa Negra | SR 1-093-841 | 01/16/2015 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca
27 | Reloj de Arena | SR 1-096-059 | 06/24/2016 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca
28 | Puente de Suspiros | SR 1-098-274 | 11/10/2017 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca
29 | Estación Final | SR 1-100-491 | 04/19/2018 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca
30 | Horizonte Rojo | SR 1-101-712 | 09/06/2019 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca
31 | Cascada de Luz | SR 1-102-930 | 02/21/2020 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca
32 | Canción del Viento | SR 1-104-773 | 01/14/2021 | Mariposa Sound Recordings, LLC | Marguerite D. Fonseca