The complaint
Joseph Vargo d/b/a Monolith Graphics p/k/a Nox Arcana v. Elmo Kennedy O'Connor p/k/a BONES, Daniel Portorreal Duran p/k/a LYSON, Elliott Felix O'Connor, TeamSESH, LLC, Empire Distribution, Inc., Empire Publishing, Inc. d/b/a Empire Strikes First, and Other Does, No. 1:26-cv-02900 (N.D. Ohio, Eastern Division), was filed November 3, 2026, ECF No. 1 (35 pages), with a jury demand. Vargo is described as an Ohio musician and composer who conducts copyright-related business as Monolith Graphics. TeamSESH is alleged, upon information and belief, to have acted as a label, rights holder, licensor, or commercial participant in the release and exploitation of RedAlert. Empire Distribution, Inc. and Empire Publishing, Inc. are described as California entities based in San Francisco. The case was assigned to Judge Charles Esque Fleming.
The work
The complaint says Vargo is the sole author and copyright owner of the musical composition and sound recording "Dreamscape," released as track 8 on the album "Legion of Shadows" by Nox Arcana through Monolith Graphics and registered on October 8, 2013, as Registration No. SR 734-045. The Copyright Office public record for Registration No. SR 734-045 shows a sound recording and music registration of a collection titled "LEGION OF SHADOWS," with a registration date of October 8, 2013, and a date of first publication of October 7, 2013, listing Joseph Vargo as author (sound recording, performance, production, music, lyrics, and CD booklet art and text) and Joseph Vargo, dba Monolith Graphics, as claimant.
What the complaint alleges
The complaint makes its allegations on knowledge as to the plaintiff and otherwise on information and belief. It says RedAlert is a song credited to Elmo Kennedy O'Connor, professionally known as BONES, with production credited to Daniel Portorreal Duran, professionally known as LYSON, initially released on or about November 4, 2020, under TeamSESH and Empire. It alleges that the defendants commercially produced, released, distributed, and performed a work titled "RedAlert" that incorporates protectable material from "Dreamscape," including an actual portion of the Dreamscape sound recording, without permission. It alleges digital-service distribution and live performances, detailed written notice in May 2025, acknowledgments and incomplete responses after notice, and continued availability and performance for a substantial period afterward. It alleges Empire Distribution and Empire Publishing knew of the claimed infringement no later than May 22, 2025, and continued distribution and rights-management activity afterward.
Claims and relief
Count I is direct copyright infringement of the Dreamscape sound recording. Count II is direct copyright infringement of the Dreamscape musical composition. Count III is contributory copyright infringement against the Empire entities. Count IV is vicarious copyright infringement against the Empire entities. The prayer seeks a declaration that hip-hop culture does not preempt federal copyright law; declarations of infringement and willfulness and joint and several liability; actual damages and profits under 17 U.S.C. § 504(b) or statutory damages under § 504(c); injunctive relief including removal or correction of distribution, Content ID, composition, publisher, ownership, metadata, and rights-management claims associated with RedAlert; interest; attorneys' fees and costs; an accounting; and other relief.