Copyrights was NOT the Issue!

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Copyrights was NOT the Issue!

I thought Copyright Laws were supposed to protect writers! I have been copyrighting my lyrics and melodies since 1991.

Although I had obtained and secured my ownership of Copyrights , I was denied representation.

Although my Lawsuit was filed in accordance with Federal Rules on Civil procedures, I was not given an opportunity to address my claims in court!

Note: I filed a lawsuit which provided these companies names (to the courts and other entertainment attorney’s) for using my works; which, included lyrics and melodies. All the while they were one in the same, working together.

 

 

PAGE TAKEN FROM CONTRACT

These songs were listed in the publishing contract, listed in notice of copyright infringements, court docs, and were played on the radio by major artist signed to BMG, EMI; throughout the years starting after Zomba music publishing contract.

 

Obviously, musical works were passed around and definitely used! 

Can you guess why a Major Music Publisher wouldn’t want their 50% -Fifty percent? 

That does not sound like teamwork to me…more like Tag Team!

 

Copyrighted Registration Information

I have always secured my copyrights even while I was under a publishing agreement with Zomba and it was their responsibility.
Copyrights Listed below: Lovelace, Tiwanda, 1967-
PAu001607112/ 1991-07-22 – Forever.
PAu001529149 / 1991-07-22 – It’s sinful.
PAu001529148 / 1991-07-22 – Once again.
PAu001720136 / 1993-01-07 Collection I–Tiwanda.
PAu001721382 / 1993-03-04 Collection II–Tiwanda. PAu002025249 / 1995-04-14 Seven West Productions Collection IV–better safe than sorry.
PA0000789883 / 1996-01-16 What can I say to you (to justify my love)? Hi-Five greatest hits. Jive 01241-41544-2, c1994. Compact disc
Now my dangling carrot is the promise of my rights to privacy, justice and financial freedom. These are the things that I value and long for to help soften my heart again. The hope of having a real life without public ridicule, judgment and the threat of being set up for some horrific murder or the fear of being set up for some crime that would take away my freedom. These are tactics that are normally used to hide the truth. I wonder who or what stopped them from performing the usual tactics and tricks. Oh, that’s right they tried.
While signed to Zomba, I always obtained copyrights on my materials, signed split sheets and even required contractual agreements with writers that worked with me. They never filed my copyrights as they were contracted to.

 

 

 

 

Split sheet - casual love paul allen Split sheet - cI need you here Darrell Campbell Split sheet - Soon Reality Fades Ethan Pitts and Maurie McToy Split sheet - Just a Little Bit More Ethan Pitts and Maurie McToy split sheet hy cant I

 

 

 

 

Warner Chapel Deal Letter sent to Zomba/Jive re: Infringements 
 
Less than a month later, on March 23, 1995
 Handwritten Letter sent to Zomba – Re-typed:
 

Zomba 137-139 W. 25th Street

New York, NY 10001

Attn: R. B – Zomba, rep,

It has been brought to my attention that an artist by the name of  Desire (real name Monique), with the help of Michael Powell, Art & Rhythm’s – Larry Roc Campbell, Paul D. Allen, and Larry Hatcher has received a 6 album deal with Warner Chapel label releasing single in May 1995.

{Now how would I have a clue if someone didn’t tell me and give me specific’s. This is the same public that runs around breaking their necks to hurt. I was definitely out of the loop but the source seemed reliable and I did supply a lot of material to all parties included.}

I bring this to your attention because I heard personally and have others confirm blatant similarities to my work and have been derived in full and/or in part from my copies submitted to Paul D. Allen of M. Powell’s – Vanguard Studio, Larry Hatcher of Hatcher Hits, Larry Roc Campbell of Art & Rhythm and David Renzer – Zomba, rep .I worked consistent with all parties listed for a period of time. I have split sheet for “Baby Stay With Me” and I heard this finished by her.

I would like for this situation to be taken seriously. In addition, I would like a copy of detailed Royalty

statement for Hi Five’s song, “What can I say to you to justify my love” and a copy of (signed) split sheet for my records.

As a whole, they have collected 30 or more songs from me and they are all on this same project.

Larry Roc Campbell laughed and told me that he received money when I signed with Zomba. How is this possible?

I certainly hope that you will handle my administration of copies of materials that were sent to David Renzer – Zomba, rep; Cherry,

Drew D – Zomba, rep, and Kymberlee Thornton – Zomba, rep. Paul D. Allen received a copy and signed split sheets with me.

I also have copyrights for the materials:

1. Why can’t I?

2. Baby stay with me

3. Is the sex still good

4. Casual Love

5. With your love

 (Copies of split sheets shown below…)

Larry Hatcher received more than 14 songs. Larry Roc Campbell received more than 20 songs. Zomba was sent a mailed copy of 5 contracts of writers under my company, all signed split sheets and copies of all works from Lovelace.

In addition to Zomba reps constantly reminding me that Larry Roc Campbell of Art & Rhythm was No. 2, Zomba reps. attempted to have me sign under one of their writer’s or producer’s but I declined. My name was supposed to be on this list but it wasn’t.

Zomba/Jive’s Denies having Songs involved in copyright infringements…
July 20, 1995 Letter from Zomba regarding investigation of my allegations:

 

 


Zomba’s Answer to Allegations:
This was their response to my allegations and complaints regarding stolen works. 
Of course, I didn’t sign this mess…$1000.00???


 

 

Note: I filed a lawsuit which provided these companies names (to the courts and other entertainment attorney’s) for using my works; which, included lyrics and melodies.

All the while they were one in the same, working together. 

 








 

 

 

 

 

The Fix Was In-
 Case dismissed prior to Zomba Response dated August 7, 1996 On July 22, 1996, Courts dismissed my case I never had an opportunity to go before the judge and be heard. I never had my day in court.
Retyped for easy translation – A Copy of 1st page is shown below:

MI’s Order of Dismissal Ignoring Violence Page 1 – Retyped

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

TIWANDA LOVELACE, Plaintiff,

vs.

BMI-ZOMBA-JIVE, Defendant.

Civil Action No. 96-CV-12270-DT
KON. BERNARD A. FRIEDMAN

OPINION AND ORDER OF DISMISSAL

This matter is presently before the court on Plaintiff’s response to the court’s show cause order of June 21, 1996.

Plaintiff’s original complaint consists of (1) a 2-page, handwritten document, (2) an 18- page typewritten document, and (1) a hefty stack of miscellaneous papers, ranging from assorted correspondence, to grievances with the postal service, to contracts.

The gist of the complaint appears to be that defendant allegedly has deprived Plaintiff of royalties due her for various musical compositions.

The court’s show cause order noted that the complaint does not comply with Federal Rules of Civil Procedure 3(a) (1), 8(a)(2). 3(a) (3), and 10(b), and required Plaintiff to show cause why the complaint should not be dismissed for its failure to comply with these pleading requirements.

– (end of page 1 of Courts Order).

 

NOTE: My revised complaint complied completely with Fed. Rules of Civil
Procedure but the courts ignored..

Zomba Response dated August 7, 1996

 

The revised complaint complied completely with Fed. Rules of Civil Procedure but the

 courts ignored…

 

MI’s Order of Dismissal – Ignoring Violence Page 2 – Retyped

Plaintiff has responded to the court’s order by filing the following documents: a cover sheet, an amended complaint. a “retaliation report” and a personal letter.

Although it is now in paragraph form, the amended complaint continues to be unorganized and incomprehensible.

It is not a short and plain statement of the basis for plaintiff’s claims and for the court’s jurisdiction as Fed. R. civ. P. sia) (1) and 8(.3) (2) require.

Because Plaintiff’s complaint still does not abide by the Federal Rules of Civil Procedure for pleading, it must be dismissed.

Plaintiff’s complaint must also be dismissed pursuant to 28 U.S.C. S. 1915(d). The Sixth Circuit has held that an in Forma Pauperis complaint may be dismissed as frivolous if the Plaintiff cannot make out any claim that is rational in law or in fact.

Lawler V. Marshall, 898 F.2d 1196 (6th Cir. 1950).

The Lawler court noted that “the facts must be delusional to be frivolous.” Id, at 1199.

Applying this standard to the present case, Plaintiff’s response to the court’s show cause order is bizarre, irrational and, indeed, delusional.

In paragraph 6 of her amended complaint, Plaintiff states that “Zomba was notified by phone and mail, repeatedly, of

infringements, threats, and other coincidental acts of violence . . .”

In her personal letter Plaintiff asserts: while on my way to file this with the Federal Courts, was sent on a wild goose chase . . . and I had people related to the music industry accept responsibility for my… (End of page 2 of Order of Dismissal)

This is what I refer to as the Jedi-mind-trick…just wave your hands and say the words and it never happened.

I didn’t imagine bullet holes, family friend shot up, family member assaulted, etc..

On July 22, 1996 the courts dismissed my case as frivolous. Judge Bernard A. Friedman cited that my show cause order was bizarre, irrational and indeed delusional. Judge Friedman continues to state  that the complaint is fanciful and delusional. I didn’t know that copyrights and certified mail receipts were miscellaneous papers.

So, let me get this right…I imagined my house getting shot up, double homicide and Family members assaulted.
The judge could have assigned counsel or made another decision. Talk about getting assaulted, felt violated all over again.

I agree my initial letter to the court was emotional but it didn’t negate my request in accordance Federal  Rules of Civil procedure, Rule 16 (a)(b)(c); Also under U.S.C., Title 15 28,19,49; Under 28 U.S.C, 1915(d) – Plaintiff request counsel be assigned…preventing protraction due to lack of management.

I know that this was a bold move but considering the  situation there was no other recourse.

Follow this link to URL which provides a copy of Search Warrant for a Double Homicide that the courts deemed delusional and frivolous!

Case Summary of Events

This is my 1st letter sent with Complaint which summarized events:

[pdf-embedder url=”https://exercisingmyright.files.wordpress.com/2015/12/letter-of-explanation-and-list-of-exhibits-submitted-to-courts-pdf.pdf”%5D

https://exercisingmyright.files.wordpress.com/2015/12/letter-of-explanation-and-list-of-exhibits-submitted-to-courts-pdf.pdf

Retyped for easy translation- A Copy is Shown Below:

 
Explanation of Exhibits 
Enclosed documents will substantiate claims that Zomba and Associates set out to defraud my company, Seven West Productions, LLC and I, Tiwanda “Ne Ne” Lovelace, out of millions of dollars in royalties. In the process, Zomba/Jive has allowed and are
responsible for my loss.

The materials in question have been discussed in detail with  Zomba’s representatives- (refer to exhibits 4-A, 4-B, 5-A and 5-B.

Zomba not only listed songs on page 23 of co-publishing contract dated 10/16/93, but they introduced me to other  writers in their publishing house to obtain my lyrics and melodies, in order to rework materials without giving proper  credit (refer to Exhibit 2).

In one instance, works submitted to Zomba and Zomba’s writers was one of the first songs mentioned that was reworked and in addition to this, another part of a completely  different song was used.

Song number 10, Lies/ It U Loved Me performed by MJJ’s Brownstone (Exhibit’s 1-A, 5-A, 5-B, 7-A and 7-B) was on MTV, during their live show, singer closed song with more recent materials submitted to Zomba and their (other) writer.

While under contract with Zomba, I submitted over forty (40) songs, of which I have retained receipts for and telephone bills to sustain the fact that I held up my end of contract.

These songs we discussed each time I submitted materials (refer to Exhibit 4-A and 4-B). This conflicts with Zomba’s letter in response to notices sent from me to them on March 14, 1995, wherein, Zomba denies having songs on file (refer to Exhibit 12.

If there are no songs on file, then how could they copyright the songs I submitted with proper splits and writers credits, this in addition to other facts prove Zomba never intended to follow agreement to administrate my publishing as agreed.

The only explanation for the initial song placement could have been was to have me enter into agreement or contract with Zomba, giving them administration over royalties derived from the placement thru their record company, Jive Records.

Once I signed agreement I was immediately introduced to  other Zomba representatives in order to place my works on  more artist, only to be given run around, I was assigned to three different people since October, 1993.

Meanwhile, I was submitting works and waiting patiently for  my royalties from first placement, all the time I was informed that they liked my materials.

They even supplied music tracks for me to write lyrics to, only to rework songs, stall and lie to me. Zomba official introduced me to an associate of Zomba, who offered and attempted to have me sign under his management contract,  therefore, giving them full legal power over me and my works.

Of course, I refused to sign with anyone in affiliation with a company that had already neglected to handle business properly (refer to Exhibit 2).

Zomba did not include me as a writer on the list of Zomba writers, showing real intent. Refer to Exhibit 5-A & 5-B, page  23, Eleven (11) songs are listed in (the actual) contract dated October 18, 1993, between Lovelace and Zomba.

One by one they have been used in pieces- some used compilation of more than one song.

Zomba has not attempted to handle this matter efficiently or professionally, you would think that a company that is supposed to collect all royalties for its writers in order to get paid or receive their share would be pleased to step in and administer publishing…

However, Zomba was notified in March of 1995 but responded approximately four (4) months after being notified of infringements.

Notice was also sent in regards to my standing with company  and other concerns on March 4, 1995, this notice went completely unanswered (refer to Exhibit 7-A and 7-B).

Zomba representatives have gone so far as to commit mail-tampering offenses- (refer to Exhibits 7-A d 7-B), Returned signature cards were signed by same agent at Zomba 137-139 west 25th St. New York NY 10001 and at Grubman, Indursky, Schindler, and Goldstein, P.C., 152 West  57th St., 30th fl. New York, NY 10019.

I mailed two sets, one to Grubman, Indursky, etc., and one each to Zomba representatives involved, in each instance, Zomba received their packages first.

One set of packages were sent on the 4th day of March, Zomba’s agent signed and received package within two (2) days, when Grubman, indursky’s agent signed within three days or one day after Zomba.

One set of packages was sent on the 14 day of March, the previous Zomba agent signed this time for Grubman, Indursky at 10019, when Zomba’s Zip code is 10001- (Note copies in Exhibit 7-A & 7-B).

Packages were sent on the 14th day of march, Zomba’s agent signed 03/17/95 – three days later, however, Grubman, Indursky’s agent signature-(signed by same signature as 03/4/95’s-Zomba)- was signed and dated six (6) days from original date sent.

The first time I called the New York Barr. Assoc., I was informed, after obtaining my information, that I could not be referred to any attorneys, without explanation.

Zomba/Jive shared my works with other major companies. Therefore, creating a situation; whereas, most attorneys in the music industry would be in conflict of interest, due to the fact that my works were scattered and used by more than one  major label.

Keeping in mind that the major’s contract with each other and has a ‘monopoly’ situation (refer to Exhibits 2, 8-A, & 8-B – shows accessibility and Zomba’s contacts, thus; proving that the major’s work together to control and dominate the music industry.

It turns out that one of the attorneys I dealt with was very familiar with this company and its tactics but neglected to inform me, due to the fact that he has/had or still has dealings with a major music person here in Detroit who has participated in copyright infringements and has benefited by Zomba’s actions (refer to exhibit’s 7-A, 7-8, 11-A,  11-B, 8-A, and 8-B).

I have filed complaints with Attorney Grievance Commission regarding the attorneys listed in Exhibit’s 1-B, C, & D.

In accordance with contract Zomba, my administrative publisher, neglected to file copyrights for works submitted (refer to Exhibit 11-A and 11-B). I was copyrighting all my works prior to signing with Zomba.

The song entitled “What Can I Say To You To (Justify My Love?) performed by Hi Five and Nuttin NYCE, placed on Jive’s Label, was released on four (4) projects; Hi Five’s Album, Hi Five’s Greatest Hits album, released as a single, and on Nuttin NYCE’s album. I never received ownership papers or proper documentation for a song that I was given writers credit for – (refer to Exhibit 3-A & 3-B.

It has also been brought to my attention that works in question has been released overseas with my vocals used without my consent. Zomba, as of March 15, 1996, made an offer of $1,000.00 and a release agreement, which, of course, releases them from any lawsuits that I may file in the future.

I refused this offer simply because I know it was an attempt to minimize my situation and make light of damages incurred. Since dealing with Zomba and associates, I have had to have surgery in order to remove a (4) four inch cyst that the doctor says more likely derived from stress.

I have been threatened and told that I have been blackballed from the music industry. I have had my family members assaulted and I have had an associate who assist me with this business) shot.

Most incidents occurred during the waiting period after notices were sent to Zomba, those four months were the longest months of the year, especially since I hadn’t figured out why they were denying my rights and why they didn’t respond to materials that their representatives had stated were acceptable and then turned around and contradicted what was discussed.

Zomba has neglected to honor any of their few responsibility to me after receiving my signature on contracts.

Zomba failed to correct dispute caused by Zomba between Hatcher and myself, then deliberately caused conflict between myself and Art & Rhythm, let’s not forget the conflict started between writers on their staff of writers.

Anyone can glance at songs listed in contract on page 23 and copyright copy in exhibit’s 5-A, 5-B, 11-A,11-B, 11-C, in addition to this, compare them to songs done by artist mentioned in casting list and songs on the charts.

The copyright copies of songs listed in collection I and the songs from Collection’ II and Collection IV have repeated similarities in titles and lyrics, one after the other.

As you compare song titles and lines, it will be easy to identify the Who? What? and When?, even the Why?, Sure people have the same ideas at some point and time; however, contract dated 10/18/93 list songs and from this list, anyone  can conclude that these songs, recognized in contract, has been used one by one, compare to works released over summer of 94,95, and 96.

The coincidence of this happening by mistake or simply by chance is impossible considering how many songs were used and who had access.

I signed with Zomba due to the fact that I had worked with other local production companies and the contract referred to all works before and after, this was to protect me from having my works stolen or misrepresented.

It turns out that they were responsible for infringements or aware of copyright infringements prior to presenting contracts to me (refer to casting list in exhibit’s 8-A & B, shows names of contacts I made earlier in my career).

As I back trace my steps with the music industry, I have found out that people that I had previously worked with were always in connection to one label or another.

I learned that demos and works that were done in order to advance my career were reworked and placed on major artist, proving this is easy with copyrights and other documentation in my possession.

For years I have been a victim of this music industry, while I struggled to fit in, it was never either parties’ intent to assist but to retrieve fresh ideas in order to rework and not have to share monies or credit.

They can have their industry; however, I must insist on a proper settlement to make amends for the damages I’ve encountered while pursuing my goals.

I am too multi-talented to waste my skills on unappreciative, greedy companies who do not recognize me as a vary-intelligent  human being.

When a persons Civil Rights are violated, should the culprits be allowed to walk away because they were able to use money, positions and power to avoid responsibility? 

Currently, these are the tactics that I must continue to endure in 2014…

This is obviously not me but this is what is displayed on a current search for my name with my identifiers under multiple false charges!

Defamation of character and current tactics used to discredit…Why does the police search shows misleading and false information? Find out why?

It wasn’t enough to rob me of all my music royalties but they  had to take housing for decades and every meaningful employment with illegally obtained warrants and misleading background records!

 

CHECK OUT WHAT YOU’VE MISSED!
Review some of the documentation and background documents here!

 Share this:

 For more detailed information regarding the many groups and what it means to be properly aligned, I encourage you to read Music Business: It’s a Dirty Game!

 This title is also in an eBook form available at:  http://shop7westpublishing.com/.

 

You can’t make this stuff up, Proof – It really happened….
Envelopes received from Zomba after initial allegations of copyright infringements!

 

 

Zomba’s Initial Response to allegations
Zomba’s contract included songs that were used, yet,
they denied having. They should have copyrighted them when they executed contract…I DID!
 

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Note: Brownstone is listed as looking for work on Zomba’s casting sheet. Their song, “If You Love Me” was the first song using my lyrics and melodies mentioned in Lawsuit.

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Zomba’s contract included songs that were used; yet,they denied having.

Envelopes received from Zomba before initial allegations of copyright infringements!  

 

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