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MAXWOOD MUSIC LTD. v. MALAKIAN

No. 08 Civ. 1730.

713 F.Supp.2d 327 (2010)

MAXWOOD MUSIC LIMITED, Plaintiff, v. Daron MALAKIAN, individually and doing business as Malakian Publishing, and SERV Tankian, individually and doing business as Shattered Mirrors Publishing, Defendants.

United States District Court, S.D. New York.

May 17, 2010.

Attorney(s) appearing for the Case

Sonnenschein Nath & Rosenthal LLP, by: David R. Baum, Esq. , Nicholas J. Tardif, Esq , New York, NY, for Plaintiff.

Pryor Cashman LLP, by: Donald S. Zakarin, Esq. , Ilene S. Farkas, Esq. , M. Mona Simonian, Esq. , New York, NY, for Defendants.

OPINION

SWEET, District Judge.

In this action the Plaintiff Maxwood Music Limited ("Maxwood" or the "Plaintiff") sought a declaration pursuant to the Copyright Act, 17 U.S.C § 101 et seq., and 28 U.S.C. § 2201, that a musical composition entitled "B.Y.O.B." that is embodied on the album Mezmerize, which was recorded and released by the band "System of a Down," is a joint work co-authored by songwriter Casey Chmielinski p/k...

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