Viacom International, Inc. v. Youtube, Inc.

Filing 124

APPENDIX, on behalf of Appellant Black Entertainment Television, LLC, Comedy Partners, Country Music Television, Inc., Paramount Pictures Corporation and Viacom International, Inc., FILED. Service date 12/10/2010 by CM/ECF. [165096] [10-3270]

A-601
Viacom International, Inc. v. Youtube, Inc. D Doc. 124 Att.

Schapiro Exhibit 64

ockets.Justia.com

A-602

C o u r t n e y Nieman From:
Sent~

Scott Martin Thursday, February 01,200712:29 PM Mark M. Ishikawa; Morril, Mark; Simon, Joe; [e-mail]; Cahan, Adam; Cooper, Donna - B E T Evelyn Espinosa; Courtney Nieman; travis-forward; Prentice, Rebecca - Paramount RE: Takedown notices

To:

Cc:
Subject:

Importance: High Please assume the following for Paramount content: (i) (ii) notices can be sent for any content longer than 8 minutes (which should catch any full-length copies of films, even if posted in segments); assume that all Paramount notices for films prior to DREAMGIRLS are okay to be sent without comparison to marketing clips; assume that notices cannot be sent on clips of less than 8 minutes duration of Dreamgirls and all subsequent films (Le. Norbit, Blades of Glory, Transformers, Black Snake Moan, Zodiac, Shooter, Year of the Dog, Disturbia, Next, Shrek The Third, Hot Rod, A Mighty Heart) until we sort out the problem with the marketing clips.

(iii)

I expect to have an official approval of this deliniation within hours.

S
-----Original Message--F r o m : Mark M. Ishikawa [mailto:[e-mail]] Sent: Thursday, February 01,200712:06 PM To: Morril, Mark; Simon, Joe; Hallie, Michelena; Cahan, Adam; Martin, Scott - P a r a m o u n t ; Cooper, Donna· BET Cc: Evelyn Espinosa; Courtney Nieman; travis-forward Subject: Re: Takedown notices Understood we will be on standby Please advise if we need to do anything about the paramount marketing clips. If we need to re scan those assets we will need up to 1 day to process the clips for the affected assets Mark Sent from my BlackBerry Wireless Device -----Original Message----F r o m : Morril, Mark <[e-mail]> To: Mark M. Ishikawa <[e-mail]>; Simon, Joe <[e-mail]>; [e-mail] <[e-mail]>; Cahan, Adam <[e-mail]>; Scott Martin <[e-mail]>; Cooper, Donna B E T <[e-mail]>

2/112007

HIGHLY CONFIDENTIAL

BAYTSP 003740975

A-603

Schapiro Exhibit 65

A-604

From: Sent:

Mark M. Ishikawa Tuesday, October 03,20064:14 AM Evelyn Espinosa; Courtney Nieman; Deana Arizala

To:

Subject: FW: FW: Proposed links to take down

From: Perry, Alfred - Paramount [mailto:[e-mail]] Sent: Monday, October 0 2006 7:44 PM To: Amy Powell Cc: Scott Marti Subject: RE: FW: Proposed links to take down

.com; Mark M. Ishikawa

Thanks, we look forward to hearing from you.

From: Amy Powell/Ma rketi ng/M P/Pa ramou nCPictu res@PARAMOUNT_PICTURES Sent: Monday, October 02, 2006 7:24 PM To: Perry, Alfred - Paramount Cc: Martin, Scott - Paramount; Derwin-Weiss, Nancy - Paramount; Salter, John - Paramount Subject: Re: FW: Proposed links to take down

all of the clips that we syndicated have the official "warning" before the clip. any clip without the warning was not sent out by our dept. However, i need to speak to the publicity dept before confirming which should be taken down. I will follow up first thing in the AM. thanks.

Amy Powell Senior Vice President Interactive Marketing Paramount Pictures

-----Alfred Perry@exchange wrote: ----To: From: A Pe exc ange Date: 10/02/2006 07:01PM cc: Scott Martin/Business Affairs/MP/Paramount_Pictures@Paramount_Pictures, Nancy Derwin-Weiss/Business Affairs/MP/Paramount_Pictures@Paramount_Pictures, John Salter@exchange Subject: FW: Proposed links to take down

Amy, please confirm that these should betaken down (our guy thinks that these are not your clips). We await your confirmation before proceeding.
From: Dennis L. Wilson[mailto:[e-mail]] Sent: Monday, October 02,20066:33 PM To: Perry, Alfred - Paramount Subject: Proposed links to takedown

AI,

6/13/2008

HIGHLY CONFIDENTIAL

BAYTSP 003718200

A-605
There are a lot of questionable Jackass 2 videos on youtubethat we cannot act on tonight without risking taking down unauthorized content. However, there are some videos that we believe we couldrequest be taken down. Perhaps these videos could be forwarded to theappropriate executives for review, including the following:

http://www.youtube.com/watch?v=3r66byYRFm4 http://www.youtube.com/watch?v=dtSu31JZTA; http://www.youtube.com/watch?v=2brTttAYReE; http://www.youtube.com/watch?v=G7EAM8f9290; http://www.youtube.com/watch?v=m5 IftgW2 k; http://www.youtube.com/watch?v=nASITzMokE8; http://www.youtube.com/watch?v=TKjMvocOVtI; http://www.youtube.com/watch?v=d4KrR6yoP A Y; http://www.youtube.com/watch?v=mOJ61oeCOeY? .
Each of these is a fairly long clip and/or has languageindicating that it is not legitimate (e.g., ?here is the first 3 minutesof the movie?). Please let me know what action you would like me to take onthese, if any. Dennis

From: Perry, Alfred -Paramount [mailto:[e-mail]] Sent: Monday, October 02,20065:23 PM To: Powell, Amy - Paramount Cc: Derwin-Weiss, Nancy -Paramount; Martin, Scott - Paramount; Salter, John - Paramount; Christiansen,Mark - Paramount Subject: FW: Illegal Jackass 2Footage Online

Amy, when you refer to many authorizedclips are you able to provide identifiers of them? Apparently, what is beingfound are stunt/skit clips rather than the full feature broken up into 1Ominute pieces (as is the case with other films from other studios). From: Mark M. Ishikawa[mailto:[e-mail]] Sent: Monday, October 02,20065:03 PM To: Perry, Alfred - Paramount;[e-mail] Cc: Martin, Scott - Paramount;Salter, John - Paramount; Christiansen, Mark - Paramount; Evelyn Espinosa;Courtney Nieman; Leland Woo; Richard Kawasaki; Deana Arizala Subject: RE: Illegal Jackass 2Footage Online AI, We have started getting results back from ourHigh Prioriry Radar system and we?re seeing something different than ourusual clips of 10 minute segments uploaded to YouTube. The pirates aresubmitting the content to YouTube broken down by individual stunt/skit. We are attempting to identify the content that appears to be camcordered, andis of the individual stunt/skit for takedown. Can you pis confirm thatnone of the stunts/skits are authorized by the studio? Mark

From: Perry, Alfred -Paramount [mailto:[e-mail]] Sent: Monday, October 02, 20064:44 PM To: [e-mail]; Mark M.Ishikawa Cc: Scott Martin; John Salter;Christiansen, Mark - Paramount Subject: FW: Illegal Jackass 2Footage Online

Ok, err on the side of leaving some infringing material up rather than being overly aggressive andtaking down one of the ?many approvedcli ps? Again, my direction would be to take down linked segmentswhich comprise all or nearly all of the motionpicture and is presumably camcorded (based on appearance, for example). Either of you know of other?social networking? sites such as You Tube which we might also devote our special kind of ?Iove??

6/13/2008
HIGHLY CONFIDENTIAL BAYTSP 003718201

A-606
Please advise. Thank you.

From: AmlvPI)wl~1I Sent: Monday, To: Perry, Alfred - Paramount Cc: [e-mail]; Salter,John - Paramount; [e-mail];Derwin-Weiss, Nancy - Paramount; Martin, Scott Paramount; Worsnup, Mickey -Paramount; rob [e-mail] Subject: Illegal Jackass 2 Footage Online Thanks, Alfred. Pleaseonly remove camcorded content (which is clearly pirated footage). Thereare many approved film clips online which should not be removed. feelfree to call with any questions or concerns. amy

Amy Powell Senior Vice President Interactive Marketing Paramount Pictures

----- Replied by AmyPowel1 on 10/2/2006 4:20:31 PM---------------------------------------------------------------------------From:Alfred Perry@exchange

1

cc:
Subject:

Saltelr@exl:;hange, Nancy Derwin-Weiss,[e-mail], [e-mail]

We are going after thecamcorded versions of JackAss Nummber Two on YouTube, but would like to know ifyou have content you have authorized or if you are aware of other content whichshould not be taken down.

Thanks, in the firstinstance we are going after ?obviously? camcorded content.

Thank you.

No virus found in this outgoing message. Checked by A VG Free Edition. Version 7.5.5161 Virus Database 269.17.13/1207 - Release Date 1/2/2008 11:29 AM

6/13/2008

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BAYTSP 003718202

A-607

Schapiro Exhibit 66

A-608

From: Sent: To: Cc: Subject:

Hallie, Michelena [[e-mail]] Thursday, October OS, 2006 10:25 PM Deana Arizala Mark M. Ishikawa; Morales, Cindy FW: Scan from a Xerox WorkCentre Pro Scan001.PDF

Attachments:

ScanDDl.PDF (34 KB)

Deana: Attached is a pdf of a signed authorization letter. It is on MTVN (which is a division of Viacom) letterhead though Viacom is the copyright owner of the copyrights. If you need it on Viacom letterhead, it will have to wait until Monday when my assistant returns. Please note that this authorization is limited only to particular shows, uploads or protocals identified by Cindy, myself or a designee. As of now Viacom authorizes only the takedowns of full episodes of "Avatar" that appear on youtube.com. You should also note that not all MTVN programming is owned by Viacom International so you will need additional authorizations for some of the programs we choose in the future to take down. Thank you for your assistance. Michelena Hallie Senior Vice President Deputy General Counsel, Intellectual Property MTV Networks, Business and Legal Affairs 1515 Broadway, 34th Floor New York New York 10036

HIGHLY CONFIDENTIAL

BAYTSP 003863202

A-609

October 5, 2006 :v1ark Ishikawa, CEO BayTSP.com PO Box 1314 Los Gatos, CA 95031-1314 [phone]

Dear Mark, This letter acts as an official notification that I, Michelena I fallie. of Viaco111 International Inc, agent of its copyrighted material, authorize Mark Ishikawa, CEO of BayTSP.com to act as my agent for notification of detected infringements on the Intcrnct pursuant to the Digital Millennium Copyright Act. Nothing in this letter releases any exclusive rights that ViaC0111 International Inc. has in the copyrights that I represent. This agent authorization is merely to facilitate the process of notifying Internet service providers for removal of detected infringements that I have been made aware of by BayTSP.com and its tracking service reports. I reserve the right to terminate this agency relationship at any time for any reason by written notification. effective upon receipt at BayTSP.com.

HIGHLY CONFIDENTIAL

BAYTSP 003863203

A-610

Schapiro Exhibit 69

A-611

From: Sent: To: Cc:

Deana Arizala Friday, October 27,20064:10 PM Mark M. Ishikawa Evelyn Espinosa; Courtney Nieman

Subject: FW: Comedy Central/Spike TV Directives FYI, please read the message below. Thanks.

Deana Arizala Client Services Manager. 8ayTSP, Inc 408.341.2365 (direct) 408.341.2300 (voice) 408.341.2399 (fax)

From: Morales, Cindy [mailto:[e-mail]] Sent: Friday, October 27,20067:17 AM To: Deana Arizala Cc: [e-mail] Subject: Comedy Central/Spike 1V Directives Hi Deana, I have attached the information below on intentionally posted clips on YouTube that are authorized for Spike TV. Also, as it relates to the Spike TV and Comedy Centrals titles, we would like to have all clips that are 21/2 mins or greater removed off YouTube; EXCEPT for THE DAILY SHOW and COLBERT REPORT. For these two titles, we are requesting that you remove clips that are 5 minutes or longer.

Approved Spike TV link: http://www.youtube.com/spiketv Thanks. Cindy

6/11/2008

HIGHLY CONFIDENTIAL

BAYTSP 003733345

A-612

Schapiro Exhibit 70

A-613

From: Sent:
To: Cc:

Subject: Importance:

[e-mail] Monday, October 30,20068:43 PM Deana Arizala Morales, Cindy; Evelyn Espinosa The Daily Show and The Colbert Report High

We would like to change the length of clips of The Daily Show and The Colbert Report that should be taken down to 3 minutes or over rather than the current 5 minutes or over. (All other clip size criteria remain the same.) Please confirm receipt. Thanks, Deana.

HIGHLY CONFIDENTIAL

BAYTSP 004283955

A-614

Schapiro Exhibit 71

A-615

From: Sent: To: Cc:

Evelyn Espinosa Saturday, November 04,20067:15 PM [e-mail] Mark M. Ishikawa; Deana Arizala

Subject: RE: Video Takedown Thanks Michelena, we will continue as directed. best, Evelyn

From: [e-mail] Sent: Saturday, November 04,20063:59 AM To: Mark M. Ishikawa; Evelyn Espinosa; Deana Arizala Subject: Fw: Video Takedown

Just want to make sure this directive got to you: google as well as youtube takedowns should only be full episodes. Myspace and yahoo are ok to take down as originally directed. -----Original Message----From: Cahan, Adam To Hallie, Michelena Sent: Sat Nov 04 02: 55: 11 2006 Sub1ect: Fw: Video Takedown We should still be taking down as much as possible at my space. It's only google/youtube that has the full episode rule. -----Original Message----From: Deana Arizala <[e-mail]> To Hallie, Michelena CC: Courtney Nieman <[e-mail]>; Evelyn Espinosa <[e-mail]>; Mark M. Ishikawa <[e-mail]>; Cahan, Adam Sent: Fri Nov 03 21: 16:07 2006 Subject: Video Takedown

Michelena,

Below are the Notice Sent counts for today, November 3,2006. Have a good weekend.

Best Regards, Deana Arizala

Summary:

6/11/2008

HIGHLY CONFIDENTIAL

BAYTSP 003727465

A-616
YouTube: Full Episodes: 149 Myspace: Full Episodes: 23 Yahoo Video: Full Episodes: 0 Google Video: Full Episodes: 115

P2P: Gnutella: 0, eDonkey: 44 (not sent-just for view)

YouTube

Full Episodes

Country Music Television

Count

CMT Music Awards

o

CountlY Fired Home Videos

o

Crossroads

o

6/11/2008
HIGHLY CONFIDENTIAL BAYTSP 003727466

A-617
F o x w o t h y ' s Big Night Out

o

Trick My Truck

o
Comedy Central

South Park
21

The Colbert Report

5

The Daily Show

SpikeTV

Carpocalypes

o

King of Vegas

o

Most Xtrcmc Challenge

o
6/11/2008
HIGHLY CONFIDENTIAL BAYTSP 003727467

A-618

Pros Vs Jocs

o

Total Nonstop Action

o

Ultimate Fighting Championship

o
Viacom

Andy Milonakis

o

Avatar the Last Airbemler

96

Backyardigans

o

Beyond the Break

o

Blue's Room

o

Can't Get A Date

6/11/2008
HIGHLY CONFIDENTIAL BAYTSP 003727468

A-619
o

Degrassi

6

Diego

o

Dora The Explorer

o

Drake & Josh 15

Fairly Odd Parents 5

GLAAD Media Awards

o

Greatest TV Quotes and Catch Phrases

o

Hi-Jinks

o

I Pity the Fool

o

6/11/2008

HIGHLY CONFIDENTIAL

BAYTSP 003727469

A-620
J a c k ' s Big Music Show

o

Laguna Beach

o

Naked Rrothers Rand

o

Noah's Arc
3

Real World

o

Sit Down Comedy with David Steinberg

o

South of Nowhere

o

Sponge bob Squarepants
3

TV Land Myths and Legends

o

TV T,and Present the 100

o

6/11/2008

HIGHLY CONFIDENTIAL

BAYTSP 003727470

A-621

VMAAwards

o

Wonder Pets

o

Zoey 101

o

Total 149

Google Video

Full Episodes

6/11/2008
HIGHLY CONFIDENTIAL BAYTSP 003727471

A-622
Country Music Television

Count

CMT Music Awards

o

Country Fired Home Videos

o

Crossroads

o

Poxwothy' s I3ig Night Out

o

Trick My Truck

o
Comedy Central

South Park

o

The Colbelt RepOlt

o

The Daily Show

6/11/2008

HIGHLY CONFIDENTIAL

BAYTSP 003727472

A-623
4

SpikcTV

Carpocalypes

o

King of Vegas

o

Most Xtreme Challenge

o

Pros Vs Joes

o

Total Nonstop Action

o

Ultimate Fighting Championship
2

Viacom

Andy Milonakis

o

6/11/2008

HIGHLY CONFIDENTIAL

BAYTSP 003727473

A-624
Avatar the Last Airbender

G7

Baekyardigans

o

Beyond the Break

o

Blue's Room

o

Can't Get A Date

o

Degrassi

o

Diego

o

Dora The Explorer

o

Drake & Josh

o

Fairly Odd Parents

6/11/2008
HIGHLY CONFIDENTIAL BAYTSP 003727474

A-625

GLAAD Media Awards

o

Greatest TV Quotes and Catch Phrases

o

Hi-Jinks

o

I Pity the Fool

o

Jack's Big Music Show

o

Laguna Beach
II

Naked Brothers Band

o

Noah's Arc

o

Real World

o

Sit Down Comedy with David Steinberg

o
6/11/2008
HIGHLY CONFIDENTIAL BAYTSP 003727475

A-626

South of Nowhere 10

Spongcbob Squarcpants 20

TV T,and Myths and T,egends

o

TV Land Present the 100

o

VMAAwards

o

Wonder Pets

o

Zoey 101

o

Total 115

6/11/2008
HIGHLY CONFIDENTIAL BAYTSP 003727476

A-627

Yahoo Video

Clips

Pull Episodes

Country Music Television

Count

CMT Music Awards

o

6/11/2008

HIGHLY CONFIDENTIAL

BAYTSP 003727477

A-628
Country Fired Home Videos

o

Crossroads

o

Foxwothy' s Big Night Out

o

Trick My Truck

o
Comedy Central

South Park

o

The Colbert Report

o

The Daily Show

o
SpikeTV

Carpocalypcs

o
6/11/2008

HIGHLY CONFIDENTIAL

BAYTSP 003727478

A-629

King of Vcgas

o

Most Xtreme Challenge

o

Pros Vs Joes

o

Total Nonstop Action

o

Ultimate righting Championship

o
Viacom

Andy Milonakis

o

Avatar the Last Airbender

o

Backyardigans

o

Beyond the Break

6/11/2008
HIGHLY CONFIDENTIAL BAYTSP 003727479

A-630
o

Blue's Room

o

Can't Get A Date

o

Degrassi

o

Diego

o

Dora The Explorer

o

Drake & Josh

o

Fairly Odd Parents

o

GLAAD Media Awards

o

Greatest TV Quotes and Catch Phrases

o

6/11/2008
HIGHLY CONFIDENTIAL BAYTSP 003727480

A-631
Hi-Jinks

o

I Pity the Fool

o

Jack's Rig Music Show

o

Laguna Beach

o

Naked Brothers Band

o

Noah's Arc

o

Real World

o

Sit Down Comedy with David Steinberg

o

South of Nowhere

o

Spongebob Squarepants

o

6/11/2008

HIGHLY CONFIDENTIAL

BAYTSP 003727481

A-632

TV Land Myths and Legends

o

TV Land Present the 100

o

VMAAwards

o

Wonder Pets

o

Zoey 101

o

Total

o

MySpaee

Full Episodes

6/11/2008
HIGHLY CONFIDENTIAL BAYTSP 003727482

A-633

CountJy Music Television

Count

CMT Music Awards

o

Country Fired Home Videos

o

Crossroads

o

Foxwothy' s Big Night Out

o

Trick My Tmck

o
Comedy Central

South Park

o

6/11/2008

HIGHLY CONFIDENTIAL

BAYTSP 003727483

A-634
The Colbert Report

o

The Daily Show

o
SpikeTV

C arpoealypes

o

King of Vegas

o

Most Xtreme Challenge

o

Pros Vs Joes

o

Total Nonstop Action

o

Ultimate Fighting Championship

o
Viaeom

6/11/2008

HIGHLY CONFIDENTIAL

BAYTSP 003727484

A-635

Andy Milonakis

o

Avatar the Last Airbender

o

Backyardigans

o

Beyond the Break

o

Blue's Room

o

Can't Get A Date

o

Uegrassi

o

Diego

o

Dora The Explorer

o

Drake & Josh

o
6/11/2008

HIGHLY CONFIDENTIAL

BAYTSP 003727485

A-636

Fairly Odd Parents 2

GLAAD Mcdia Awards

o

Greatest TV Quotes and Catch Phrases

o

Hi-Jinks

o

I Pity the Fool

o

Jack's Dig Music Show

o

Laguna Beach

o

Naked Brothers Band

o

Noah's Arc

o

Real World

6/11/2008

HIGHLY CONFIDENTIAL

BAYTSP 003727486

A-637
o

Sit Down Comedy with David Steinberg

o

South of Nowhere 10

Sponge bob Squarepants 11

TV Land Myths and Legends

o

TV Land Present the 100

o

VMAAwards

o

Wonder Pets

o

Zoey 101

o

Total

23

6/11/2008
HIGHLY CONFIDENTIAL BAYTSP 003727487

A-638

P2P (Not sent)

Country Music Television

Gnutella eDonkey

CMT Music Awards

o
o

Country Fired Home Videos

o
6/11/2008

HIGHLY CONFIDENTIAL

BAYTSP 003727488

A-639
o

Crossroads

o o

P oxwothy' s I3ig Night Out

o

o

Trick My Truck

o o

Comedy Central

South Park

o

o

The Colbelt Repmi

o o
6/11/2008

HIGHLY CONFIDENTIAL

BAYTSP 003727489

A-640

The Daily Show

o o

SpikeTV

Carpocalypes

o o

King of Vegas

o

o

Most Xtreme Challenge

o
o

Pros Vs Joes

o o

6/11/2008
HIGHLY CONFIDENTIAL BAYTSP 003727490

A-641

Total Nonstop Action

o o

Ultimate Fighting Championship

o

o

Viacom

Andy Milonakis

o
o

Avatar the Last Airbender

o

o

Backyardigans

o
2

6/11/2008
HIGHLY CONFIDENTIAL BAYTSP 003727491

A-642

Beyond the Break

o o

Blue's Room

o
o

Can't Get A Date

o o

Degrassi

o

o

Diego

o
o

Dora The Explorer

o
o

6/11/2008
HIGHLY CONFIDENTIAL BAYTSP 003727492

A-643
Drake & Josh

o
o

Fairly Odd Parcnts

o

o

GLAAD Media Awanls

o o

Greatest TV Quotes and Catch Phrases

o
o

Hi-Jinks

o

o

I Pity the Fool

o

o

Jack's Big Music Show

6/11/2008

HIGHLY CONFIDENTIAL

BAYTSP 003727493

A-644
o

o

Laguna Beach

o
o

Naked Brothers Band

o o

Noah's Arc

o

o

Real World

o o

Sit Down Comedy with David Steinberg

o
o

South of Nowhere

o
6/11/2008

HIGHLY CONFIDENTIAL

BAYTSP 003727494

A-645
o

Spongcbob Squarcpants

o

o

Hogan Knows Rest

o
41

Breaking Bonaduce

o

VMAAwards

o o

Wonder Pets

o

o

Zoey 101

o
o
6/11/2008
HIGHLY CONFIDENTIAL BAYTSP 003727495

A-646

Total

o
44

Deana Arizala Client Services Manager. BayTSP, Inc 408.34l.2365 (direct) 408.34l.2300 (voice) 408.341.2399 (fax)

6/11/2008

HIGHLY CONFIDENTIAL

BAYTSP 003727496

A-647

Schapiro Exhibit 72

A-648

From: Sent: To: Cc:

Evelyn Espinosa Tuesday, November 14, 2006 5:12 PM Deana Arizala Courtney Nieman; Sarah Cruz

Subject: FW: MTVN Weekly Report October 30,2006 - November 5,2006 pis confirm with michelena

From: [e-mail] Sent: Tuesday, November 14, 2006 7:05 AM To: Evelyn Espinosa Cc: Mark M. Ishikawa; Courtney Nieman; Cahan, Adam; Deana Arizala; Morales, Cindy; Sarah Cruz Subject: RE: MTVN Weekly Report October 30, 2006 - November 5, 2006 Are we up and running on taking down clips offyoutube now?

From: Evelyn Espinosa [mailto:[e-mail]] Sent: Thursday, November 09, 2006 6:00 PM To: Hallie, Michelena Cc: Mark M. Ishikawa; Courtney Nieman; Cahan, Adam; Deana Arizala; Morales, Cindy; Sarah Cruz Subject: RE: MTVN Weekly Report October 30, 2006 - November 5, 2006 Importance: High Michelena, This serves to confirm your new directive below. Please be advised that it will take a day or two to re-sort through the material for the clip length change. Please let me know if you have any questions. Best regards, Evelyn

From: [e-mail] Sent: Thursday, November 09, 2006 2:05 PM To: Sarah Cruz Cc: Mark M. Ishikawa; Evelyn Espinosa; Courtney Nieman; Cahan, Adam; Deana Arizala; Morales, Cindy Subject: RE: MTVN Weekly Report October 30, 2006 - November 5, 2006 Importance: High Sarah, we would like to implement effective immediately our original policy to take down all clips that have been identified as exclusively our material under the following criteria: - Daily Show and Colbert Report: 3 minutes or longer - All other shows on our list: 2 112 minutes or longer If you identify any clips of the above lengths that include any material other than our own programs, do not remove them until they have been submitted to me and I have approved removal. Please confirm receipt of this new directive.

Miehelena Hallie Senior Vice President Deputy General Counsel, Intellectual Property MTV Networks, Business and Legal Affairs

6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 003719298

A-649

iiiiIi

1515 Broadway, 34th Floor York 10036

From: Deana Arizala [mailto:[e-mail]] Sent: Wednesday, November 08,20068:11 PM To: Hallie, Michelena; Morales, Cindy Cc: Mark M. Ishikawa; Evelyn Espinosa; Courtney Nieman; Cahan, Adam; Sarah Cruz Subject: MlVN Weekly Report October 30, 2006 - November 5, 2006 Importance: High

Michelena, Enclosed is the Weekly Report from October 30,2006 - November 5,2006. I had emailed this report in advance because I will be out of the office tomorrow till November 13, 2006. Please direct any update or request to Sarah. Her email is [e-mail]. If it is urgent, please contact Evelyn or Mark. Thank you.

Best Regards, Deana Arizala

Deana Arizala Client Services Manager. BayTSP, Inc 408.341.2365 (direct) 408.341.2300 (voice) 408.341.2399 (fax)

6/23/2008

HIGHLY CONFIDENTIAL

BAYTSP 003719299

A-650

Schapiro Exhibit 74

A-651

From: Sent: To: Cc:

Deana Arizala Friday, November 17, 200610:48 PM [e-mail]; Courtney Nieman Mark M. Ishikawa; Evelyn Espinosa; Morales, Cindy

Subject: RE: 24 hour advance notice on rule changes. Michelena, I just want to inform you that yes; Cindy and I spoke and clarified the misunderstanding. Furthermore, we will go ahead and add the list below on our system. We will NOT take down any of the new shows listed below till instructed.

Best Regards, Deana Arizala

Deana Arizala Client Services Manager. BayTSP, Inc 408.341.2365 (direct) 408.341.2300 (voice) 408.341.2399 (fax)

From: [e-mail] Sent: Friday, November 17, 2006 2:38 PM To: Courtney Nieman; Deana Arizala Cc: Mark M. Ishikawa; Evelyn Espinosa; Morales, Cindy Subject: RE: 24 hour advance notice on rule changes. Ok. Good to go. Please make the changes noted. I understand we can expect a report on the amount and sizes of the clips on the new shows within a week. After getting that material we will instruct on the size of clips to take down. So until that time, no clips from this new list should be taken down. In contrast, clips from the original list that remain on the list (ie excluding those in yellow that are being deleted) should be taken down as previously noted. In other words the original list as modified should have take downs of 2 1/2 minutes for all but Daily and Colbert which should be taken down at 3 minutes. I understand Deana and Cindy clarified the misunderstanding and we are taking down ALL shows but Colbert and Daily at 21/2 minutes. Please let me know if that is incorrect.

From: Hallie, Michelena Sent: Friday, November 17, 2006 4:07 PM To: 'Courtney Nieman' Cc: 'Mark M. Ishikawa'; 'Evelyn Espinosa'; 'Deana Arizala' Subject: RE: 24 hour advance notice on rule changes. No final word but once I do get the sign off -- it should be Jimmy Neutron not Jimmy Neutro

6/11/2008
HIGHLY CONFIDENTIAL BAYTSP 003721230

A-652
From: Hallie, Michelena Sent: Friday, November 17, 2006 2:58 PM To: 'Courtney Nieman' Cc: Mark M. Ishikawa; Evelyn Espinosa; Deana Arizala Subject: RE: 24 hour advance notice on rule changes.
Tthink that makes sense. Next time Ttell you to change course on a dime, slap me

And subject to your new 24 hour rule, the direction now is to stay the course with 3 minutes on Colbert and Daily and 2 112 on all else. But we will also want you to substitute out the programs in yellow in the first grid below for the programs listed in the lower grid

I'll give you final authorization by COB today.

Btw, I'll be in London next Monday and flying back tuesday, but accessible by email when not in flight.

The 13 (of 41) highlighted below should be dropped from our sweeps:
"",uy

ilonakis - Clips

332 1451
U:7

Avatar the Last Airbender - Clips Backyardigans Clips

Beyond the Break - Clips
Breaking Bonaduce - C l i p s Can't Get A Date - C l i p s CMT Music Awards - C l i p s Country Fried Home Videos - C l i p s

11

4

5
7 4
20 755

Crossroads - Clips

I~SSi

- Clips
Explorer - C l i p s

1~;P5
. Flavor of Love
,-.
~

2
12
207 71 142

Josh - Clips

Odd Parents - Clips

Foxworthy's Big Night Out - C l i p s
11---

5
16 6 9 15

edia Awards - Clips

Hip Hop Honors Award - Clips Hogan Knows Best - Clips I Pity The Fool - Clips
Jack's Big Music Show - C l i p s

7
63 14 49 29

Laguna Beach - Clips Most Xtreme Challenge - Clips Naked Brothers Band - Clips Noah's Arc - Clips

6/11/2008

HIGHLY CONFIDENTIAL

BAYTSP 003721231

A-653
Real World - C l i p s 10

Sit Down Comedy with David Steinberg Clips
South of Nowhere - C l i p s South Park - C l i p s South Park - Full Episode Spongebob Squarepants - C l i p s port - C l i p s

o
503
4009 106

35

9
2
ate Fighting Championship - C l i p s

30

221
onder Pets - C l i p s

y 101 - C l i p s

In addition, there are several shows to add
Chappelle Show (CC) Comedy Central Presents (CC) Drawn Together (CC) Mind of Mencia (CC) Reno 911! (CC) Stella (CC) Upright Citizen Brigade (CC) Punk'd (MTV) Pimp My Ride (MTV) Beavis & Butthead (MTV) Celebrity Death Match (MTV) Best Week Ever (VIII) Mr. Meaty (Nick) Jimmy Neutro (Nick) Unfabulous (Nick) Amanda Show (Nick)

6/11/2008

HIGHLY CONFIDENTIAL

BAYTSP 003721232

A-654
Rugrats (Nick) Invader Zim (Nick) Ren and Stimpy (Nick)

-

Miehelena Hallie Senior Vice President Deputy General Counsel, Intellectual Property MTV Networks, Business and Legal Affairs 1515 Broadway, 34th Floor New York, New York IOO3()

From: Courtney Nieman [mailto:[e-mail]] Sent: Friday, November 17, 2006 2:19 PM To: Hallie, Michelena Cc: Mark M. Ishikawa; Evelyn Espinosa; Deana Arizala; Courtney Nieman Subject: 24 hour advance notice on rule changes. Michelena,

I would like to make a suggestion: any rule changes should be submitted 24 hours in advance of implementation. To allow for the change of mind that might take place. (Emergency changes, stop orders, and immediate take down orders, will be exempted from the 24 hour notice.)
New assets (titles) can be added immediately. We would not begin enforcement activity on a new asset for at least 24 hours, due to the time it takes to gather infringements. So, this suggestion would not affect a new asset. What do you think? Courtney From: [e-mail] Sent: Friday, November 17, 2006 10:41 AM To: Deana Arizala; Courtney Nieman Cc: Cahan, Adam Subject: Daily and Colbert
If you haven't already started please hold off on takedowns under new criteria for Daily and Colbert. I'll let you know how to proceed shortly.

6/11/2008

HIGHLY CONFIDENTIAL

BAYTSP 003721233

A-655

Schapiro Exhibit 75

A-656
From:
Sent:

Mark M. Ishikawa Saturday, October 07,20066:50 AM Hallie, Michelena paramount_cc

To:
Cc:

Subject: Assets remaining on YouTube

Michelena, We have completed our initial scans and removal of the selected assets from YouTube as per your instructions. We will continue to scan and remove assets as they are uploaded. I did some scanning of the remaining assets which did not meet the "appears like entire episodes" model and quite a bit remains. e are eavmg a majority 0 t e content on ou u e. have other clients that will send takedown notices for clips as short as 4 seconds as long as its identifiable as the content. Let me know if you want to discuss this. Thx Mark

6/11/2008

HIGHLY CONFIDENTIAL

BAYTSP 003723588

A-657

Schapiro Exhibit 76

A-658

From: Sent: To: Cc:

[e-mail] Thursday, November 16, 2006 2:57 AM Courtney Nieman Evelyn Espinosa; Deana Arizala; Mark M. Ishikawa; Sarah Cruz

Subject: Re: Time Breakdown of Clips from yesterday.

I would like a call between 2:30 and 5:30 NY time tomorrow. It is essential that I have a thorough understanding of what is going on. Please let me know what time works [or you. -----Original Message----From: Hallie, Michelena To '[e-mail]' <[e-mail]> CC: '[e-mail]' <[e-mail]>; '[e-mail]' <[e-mail]>; '[e-mail]' <[e-mail]>; '[e-mail]' <[e-mail]> Sent: Wed Nov 152132:252006 Subject: Re: Time Breakdown of Clips from yesterday. Sorry. I should have hit Reply All. (I initially sent this only to Courtney) First, what about Daily Show and Colbert that were longer than 2 1/2 minutes and shorter than 3 minutes? And does this mean there were only 36 clips passed over on youtube? I can't believe there were only 44 o[ our clips total on youtube since we didn't remove any clips last week. (My recollection is we took only 8 down under our criteria.). Is that right') -----Original Message----From: Courtney Nieman <[e-mail]> To Hallie, Michelena CC: Evelyn Espinosa <[e-mail]>: Deana Arizala <[e-mail]>: Mark M. Ishikawa <[e-mail]>: Courtney Nieman <courtneyni(il)baytsp.eom>; Sarah Cruz <[e-mail]> Sent: Wed Nov 152120:532006 Subject: Time Breakdown of Clips from yesterday. Michelena, Here is the break down o[ the "Passed On" clips [rom yesterday's report Time Break Down of Video Clips Length * 0-60 277 61-90 150 91-120 61 121-15052 151-18010 YouTube My Space Google Total % 14 41 332 47% 12 33 195 2S% 17 84 12% 6 4 6 62 9% 1 18 29 4% 550 37 115 *Clip length is reported in seconds.

702

Call me if you have any questions. Courtney Nieman Manager Client Services BayTSP, Inc 408-341-2314 AIM: BayTSPCanne Have you checked out BayTSP's Piracy news web log? http://www.baytsp.com/weblog <http://www.baytsp.com/weblog>

The information contained in this email message may be confidential and is intended only for the parties to whom it is addressed. If you arc not the intended recipient or an agent of same, please notify us of the mistake by telephone [phone]) or email and delete the message from your system. Please do not copy the message or distribute it to anyone.

6/11/2008
HIGHLY CONFIDENTIAL BAYTSP 001125759

A-659

Schapiro Exhibit 78

A-660
1

UNITED STATES DISTRICT COURT FOR' THE SOUTHERN DISTRICT OF NEW YORK THE FOOTBALL ASSOCIATION PREMIER LEAGUE LIMITED, BOURNE CO., et al.,) on behalf of themselves and all ) others similarly situated, ) Plaintiffs, vs. YOUTUBE, INC., YOUTUBE, LLC, and GOOGLE, INC., Defendants.
) ) ) ) ) ) ) ) ) )

Case No. 07-CV-3582

VIDEOTAPED DEPOSITION OF VICTORIA TRAUBE NEW YORK, NEW YORK THURSDAY, OCTOBER 8, 2009 BY: REBECCA SCHAUMLOFFEL JOB NO. 17869

A-661
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1
2

A P PEA RAN C E S:
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FOR THE PLAINTIFFS: LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLLP DAVID S. STELLINGS, ESQ. BY: ANNIKA MARTIN, ESQ. 250 Hudson Street, 8th floor New York, New York 10013-1413 [e-mail]

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13

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FOR THE DEFENDANTS YOUTUBE, INC., YOUTUBE, LLC and GOOGLE, INC.: MAYER BROWN, LLP By: GREGORY A. FRANTZ, ESQ. FIDELIS I. AGBAPURUONWU, ESQ. 1675 Broadway New York, New York 10019 [phone] [e-mail] [e-mail]

ALSO PRESENT: Katherine Wagner

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Sallean Browne, Videographer
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DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

A-662
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1

VICTORIA TRAUBE EMI, Cafe Concerto and Nichion; can you think of occasions in which they have requested the right to authorize a work
13:42:56

2
3

4
5

being posted on the Internet?

6
7

A.

None of them,

as far as I

can recall, has made such a request.

8
9

Q.

As you sit here today,

can

you definitively state that you've not
13:43:13

10
11

received any such requests?

A.

I haven't.

I can't

12 13 14 15 16 l3:43:26

definitively state that the publishing company never received such a request. But I think I would have heard of it. Q. company" A. I am referring to our When you say "the publishing

17
18 19
20

division, Williamson Music. Q.
13:43:39

Going back to the Young Vic

reference that you made before, why did R&H, in this case, allow the work to be

21 22 23 24 25 13:43:52

posted on YouTube? A. Because this particular

customer feels that it is important for their promotion of their production.

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

A-663
132
1

VICTORIA TRAUBE Q. And did R&H object to this

2 3
4

particular work being posted or this particular use being posted on the
13:44:02

5

Internet?

6 7

A.

To the contrary.

They asked

for our permission and we agreed. Q. Right. Ultimately you

8
9

agreed, but was there a period of
13:44:13

10
11

discussions in which R&H resisted the idea first? MR. STELLINGS: Objection.

12
13

A.
Q.
13:44:25

No, not to the customer. So in other words, R&H

14 15 16

immediately agreed to the idea of authorizing this particular use to be on YouTube? MR. STELLINGS: Vague. Objection.

17
18 19 20 21 22 23 24 25 13:44:55 13:44:38

A.

Any previous discussions

among me and management were related to this litigation and, privileged. Q. Is this the only therefore,

circumstance that you are aware of in

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

A-664
133

1 2
3

VICTORIA TRAUBE which R&H has allowed a particular use to be on YouTube? A.
13:45:11

4

No. Can you describe any

5
6

Q.

additional instances? A. There is a show called White

7
8
9

Christmas, Irving Berlin's White Christmas.
13:45:36

It is produced under a

10 11 12 13 14 15 16 17 18 19 20 21

license from the Rodgers & Hammerstein Organization on behalf of our client, Irving Berlin. It is a first-class

contract prepared a number of years ago.
13:45:59

It may go back as far as 2003,

although I am not sure. And the website for White Christmas, The Musical, has a link, I think that's what it is called, I think a link to YouTube where they show clips

13:46:24

from the show. The producers licensed with us allows advertising and promotional use on the Internet and it was a license that was entered into some time

22
23 24 25 13:46:40

ago.

So this was a use that we

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

A-665
134
1

VICTORIA TRAUBE considered authorized by a preexisting contract.
Q.
13:46:57

2
3

4
5 6

And you described it as a

first-class license? A. Yes. First class is -- i t It is sort of

7

is a form of production.

8
9

the most prestigious professional production, plays only in major cities.
13:47:13

10
11
12 13 14 15 16 17 18 19

It played on Broadway last season, which I believe was the first time that they put up these links. So you can

call it a Broadway production, if that helps.
13:47:25

Q.

Did R&H ever object to this

particular use of its work on YouTube? A. We did not because we felt

it was authorized by the contract and that it was something that we were
13:47:43

20
21

willing to permit.
Q.

If it wasn't authorized by a

22
23 24 25 13:47:51

contract, would R&H still be willing to permit it? A.
Q.

No. Are there similar contracts

DAV1D FELDMAN WORLDWIDE, INC.
450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

A-666
135
1

VICTORIA TRAUBE that R&H has issued in the past that permit works to be posted on YouTube? A.
13:48:07

2
3

4
5
6 7

I don't know about any

language specifically allowing use on YouTube. Our first class contracts

generally contain a clause of the kind that I just described permitting

8
9

Internet use for promotional purposes;
13:48:20

10
11

at least the first class contracts that we have entered into recently.
I

12 13 14 15 13:48:35

believe it is formulated as radio, television and Internet media uses.
Q.

Are you aware of whether R&H

has issued these types of first-class licenses for any of the works in suit?

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17 18 19 20 21
22

A.

These licenses would not We

have been for the works in suit. have had various first-class
13:48:59

productions of The Sound of Music which contains some of the works in suit. But I honestly don't know if the same language is in every first-class contract.

23 24 25 13:49:22

Q.

Do you have a sense of what

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York. NY 10123 [phone]

A-667
136

1
2
3
4

VICTORIA TRAUBE percentage of the licenses that your company authorizes or issues are these first-class licenses?
13:49:31

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7

MR. STELLINGS: to object.

I am going

And we are, again,

getting into this licensing area that Miss Traube is not here to testify on behalf of Rodgers &
13:49:39

8
9

10

Hammerstein about. MR. FRANTZ: And again, the

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12 13 14 15 16 13:49:46

understanding was we weren't going to go at specific clauses, but this is specifically relevant to a number of subjects in Exhibit 1. MR. STELLINGS: You have

17 18
19 20 21 22 23
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been asking some fairly specific licensing related questions about specific licenses.
13:49:56

MR. FRANTZ:

Actually, I am

asking generally what are the general practices. There are no

documents in front of the witness. So in any event, is the
13:50:03

25

instruction not to answer or the

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10 123 [phone]

A-668
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3

VICTORIA TRAUBE A. That's what happened in the

Annie Get Your Gun case.
Q.
14:11:56

4
5 6

Other than that

circumstance, have there been any others? A.
Q.

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9

I can't think of any. Let's do the next exhibit,

please. (Whereupon, the aforementioned Notices of Infringement, RH00153606-'153613, were marked as Defendant's Exhibit 4 for identification as of this
14:12:45

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14:13:21 14:13:01

date by the Reporter.)
Q.

When you are ready, look up

and I will start questioning. Can you identify these documents? A. Yes. These were Notices of

Infringement prepared for me, and bearing my signature, relating to use on YouTube, a number of musical composition from an amateur production of Annie Get Your Gun presented by the

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

A-669
157 1
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VICTORIA TRAUBE New Horizon Community Theater, of which I have spoken previously in this deposition.
14:13:32

4
5

Q.

Who were these documents

6

prepared by? A. By Robin Walton, who is a

7
8
9

paralegal that works for me. Q.
14:13:45

Did YouTube respond promptly

10 11 12 13 14 15 16 17 18 19
20

to the Takedown Notices? MR. STELLINGS: Objection.

The document speaks for itself. But you can answer. A.
14:13:54

I see here that we have got Sorry,

a response on April 30th.

April 29th, to a Notice filed by fax on April 28th.
Q.

Has R&H ever had a problem

with YouTube not responding
14:14:12

expeditiously to Takedown Notices? MR. STELLINGS: Objection.

21
22

A.
Q.

No. Who decided to send these

23 24 25 14:14:25

Takedown Notices? A. These in particular?

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

A-670
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1

VICTORIA TRAUBE
Q.

2
3

Yes. Me. Do you know how these

A.
Q.
14:14:29

4 5
6

allegedly infringing URLs were identified?

7
8 9

A.

Yes.

This is in my

testimony from earlier, but it wasn't in the context of these specific
14:14:40

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11

Notices.

I think.

I think I talked We got a tip from

about -- w e l l , okay.

12 13
14

somebody on our website, you know, in the general box that there were these compositions, a number of compositions,
14:15:04

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16

from Annie Get Your Gun posted on the Internet. Okay. I am misremembering.

17 18 19 20 21
22

I don't know how the initial uses were brought to our attention.
14:15:21

What I do

know is that a few days later we got a tip in our mailbox that the compositions were back up on -- t h e same compositions, which had been taken down, were up on somebody else's

23 24 25 14:15:39

website and we sent the second Letter

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

A-671
193 1

VICTORIA TRAUBE probably tell from looking at these clips where they emanated from. So there are two reasons why
15:04:30

2
3
4

5
6
7

there would be no need to consult with EMI, in my opinion.
Q.

I am just going to go back So

8
9

to the testimony for one second. what you just said was, in your
15:05:06

10
11

opinion, there would be no need to consult with EMI. My question is whether you know, definitively, steps that your counsel has taken as far as contacting

12 13 14 15 16 17 18 19 20 21 15:05:28 15:05:20

sub-publishers with respect to potential authorization for all of the clips in suit? A. know.
Q.

And the answer is, I don't

Earlier you mentioned that

although a sub-agent itself does not have a right to authorize a particular clip to be on YouTube, it is possible that a sub-agent would ask for that
15:05:43

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right on behalf of a particular

DAVlD FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

A-672
194

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3
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VICTORIA TRAUBE licensee; is that correct? A.
Q.
15:05:50

Yes. And with respect to all of
co~nsel,

5
6

the clips in suit, has your

to

your knowledge, gone through the process of contacting all of the sub-agents, or potential licensees, that may have asked for the right to

7
8

10

15:06:03

post a particular work
A.
Q.

11
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There's --- o n YouTube? MR. STELLINGS: Object to

the form of the question. You can answer.
A.

There would be no reason to The only person they would

17
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do that.

have to talk to is me because any requests from a sub-agent would have come from me, and I would have told my counsel if I had agreed to any use on YouTube.
Q.

But you, yourself, have not

gone through all of the clips in suit, have you?

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

A-673
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VICTORIA TRAUBE A. No, but I have told my

counsel about the few occasions that I have mentioned here where I agreed to
15:06:44

4

5
6

allow promotional use on YouTube.

They

are pretty -- t h e r e are very few and pretty bright in my mind.
Q.

7
8 9

And you mentioned two today.

Are there any another instances besides
15:06:56

10

the two you have testified to today? A. The only other one that

11
12 13 14 15 16 17 18 19 15:07:36

comes to mind, now that I think about it, is the -- we talked about the Dutch television program. There was a clip

using one of The Sound of Music songs related to that program. And again

let's see what I can say without getting into privileged material. We

licensed that clip after we discovered
15:08:00

20
21 22

it.
Q.

And you licensed the right

for that clip to appear on YouTube? A.
Q.
15:08:13

23
24

Yes. And do you recall which

25

particular Sound of Music song we are

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

A-674
196

1 2
3

VICTORIA TRAUBE talking about? A. Earlier I said I thought it

4
5

was Do-Re-Mi, but I am just not sure.
15:08:23

Q.

You may have stated this,

6 7 8 9

but it is not crisp in my mind right now. In that case, the particular

entity that used the clip was a Dutch television show?
15:08:40

10

A. Q.

Yes. And do you remember the name

11
12 13 14 15 15:08:55

of the Dutch television show? A. No. It was -- b u t it was It was a star

something about Maria.

Search program to cast the role of Maria.
Q.

16 17
18 19 20 21 15:09:15

Did the Dutch television

show reach out to you in particular to get a license to have the work posted on YouTube? A. happened.
Q.

No, that's not how it

22
23 24 25 15:09:23

Can you explain how it

happened?
A.

Yes.

The clip came to our

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

A-675
197
1

VICTORIA TRAUBE attention and we decided that it should be licensed as opposed to taken down.
Q.
15:09:43

2
3
4
5

How did the clip come to

your attention? A.
Q.

6 7 8 9

People sent it to us. Was this a clip on YouTube? It was on YouTube. It may

A.

have been other places as well.
15:09:53

10
11

Q.

Why did the company

determine that it should be licensed as opposed to taken down? A. Because it got a fair amount And also, we were

12 13 14 15 16 17 18 19 20 21 22 23 24 25 15:10:39 15:10:27 15:10:13

of public attention.

in the process of being bought by a Dutch company and it just seemed to us, from a public relations standpoint, that we were better off licensing it than sending a Takedown Notice.
Q.

When was this license

issued? A. Some time in the last year. MR. FRANTZ: We will request

a copy of that license as well as any other license allowing that

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

A-676
198
1

VICTORIA TRAUBE clip to be posted on YouTube. Q. Do you recall the terms

2
3
4

under which that particular license was
15:10:53

5

granted?

6
7

A.
Q.

I do not. What do you mean that it

8
9

would be beneficial to the company, from a public relations standpoint, to
15:11:05

10 11 12 13 14 15

have the work on YouTube? MR. STELLINGS: Object to

the form of the question.

A.

Is that what I said?

I

don't think I said that.
15:11:10

I think that

I said it would not be good from a public relations standpoint. it wouldn't be a good thing, And that from a

16 17 18 19
20 21 15:11:22

public relations standpoint, to have taken down a clip that had already gotten a fair amount of attention. It

was just -- i t was our business sense. It was a business decision that it was -- s i n c e it is our position that we need to control how our
15:11:43

22
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material is used,

it was our choice to

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

A-677
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3
4
5

VICTORIA TRAUBE active consideration or promotion on YouTube, I don't know. MR. FRANTZ:
16:01:27

So as part of

the continued deposition, we are going to ask that a witness be provided with knowledge. MR. STELLINGS: With

6

7
8
9

knowledge about this specific
16:01:41

10 11 12 13 14 15 16
17

document you mean, right? MR. FRANTZ: with knowledge

of the subject as well as this particular document. being 5.
16:01:47

The subject

MR. STELLINGS:

Miss Traube

spent a couple of hours testifying about 5 so far today. hour. Maybe an

18 19 20 21 22 23 24 25 16:02:13 16:01:56

But we will try to get more

information about the specific document. MR. FRANTZ: As well as the

subject, as the testimony is clear that Miss Traube did not prepare on Topic Number 5. BY MR. FRANTZ:

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York:, NY 10123 [phone]

A-678
235

1 2
3
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VICTORIA TRAUBE
Q.

Have you ever used YouTube

at work? A.
16:02:27

I have gone to the YouTube

5
6

website at work for personal reasons.
Q.

When you say "personal

7
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reasons," what do you mean by that? A.
Q.
16:02:40

Mostly to see cat videos. Are there other reasons

10

besides seeing cat videos? MR. STELLINGS: videos? THE WITNESS: I don't care Any dog

11
12 13 14 15 16
17

for dogs, but there was one with
16:02:50

lions.
Q.

Besides seeing animals -Animals are really my major

A. interest.
Q.
16:03:03

18
19 20 21

Other than the animals, have

you ever visited YouTube for any other reason at work? A. People may have sent me

22
23 24 25 16:03:20

YouTube clips.
Q.

Do you recall viewing any

clips on YouTube?

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

A-679
236
1 2
3

VICTORIA TRAUBE A. Well, you know, I am just

not sure whether it was YouTube, but remember that clip of Susan Boyle when
16:03:26

4
5

she was discovered in the UK? Q. A. Yes. Somebody sent me that clip

6
7

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9

and I looked at it. Q.
16:03:39

As far as other R&H

10 11 12 13 14 15 16

employees, are you aware of other employees using YouTube at work? A. Well, we know Bert uses

Google Alert, which I assume sends him to YouTube sometimes.
16:03:54

Q. A.

Why do you assume that? I just assume it. I don't

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19 20 21
22

know it for a fact. Q. Other than Mr. Fink, are you

aware of other employees using YouTube
16:04:03

at work? A. not. Q. When you have used YouTube, Other than Mr. Fink, I am

23 24 25 16:04:11

have you taken any steps to make sure that a particular clip you viewed is

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

A-680
237
1

VICTORIA TRAUBE not infringing? A. Q.
16:04:19

2
3

Of a cat? Of any clip that you viewed. No, I have not. MR. FRANTZ: Let's do the

4 5
6

A.

7
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next exhibit. (Whereupon, the aforementioned E-mail, RH00056543,
16:04:22

10

was marked as Defendant's Exhibit 9 for identification as of this date by the Reporter.) A. Q. Yes. Do you recall this E-mail? I recall the situation. I

11
12 13 14 15 16 16:04:52

A.

don't recall the E-mail. Q. situation? A.
16:04:59

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18 19 20 21

And can you describe the

Yes.

It came to my

attention that our IT people had chosen to block access to YouTube from the office. They do that with various

22 23
24 25 16:05:14

websites that they think people are spending time on. For example,

Facebook is blocked.

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York., NY 10123 [phone]

A-681
238

1 2
3

VICTORIA TRAUBE When I found out that they blocked YouTube, I was furious that they would have done it without asking
16:05:23

4
5

me since we were in litigation at the time, and I required them to unblock it immediately.
Q.

6
7

8 9

The purpose for the IT folks

blocking the website was your
16:05:36

10

understanding that employees were spending too much time on YouTube? A.
Q.

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12 13 14 15 16
17

That's what they told me. Do you know what sort of

videos the employees were viewing on
16:05:44

YouTube? A. Q. I do not know. And why were you furious

18 19 20 21 16:05:53

that YouTube had been blocked at work? A. Because I just couldn't

believe that they would do something in connection with -- r e l a t e d to an ongoing litigation without talking to the general counsel of the company.
Q.

22
23 24 25 16:06:06

And did you subsequently

disable, or I should say re-enable,

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

A-682
239 1 2
3
4
5 6

VICTORIA TRAUBE access to YouTube at work? A. did, yes.
16:06:12

They did.

The IT people

Q.

You told them to do that? I did. Why did you tell them to do

A.
Q.

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9

that? A.
16:06:19

Because I didn't see any It seemed

10
11

reason to block it. gratuitous.
Q.

12 13 14 15 16 17
18

What about the purported

reason that employees were wasting too much time on YouTube?
16:06:35

A.

It is not really a decision

of the IT department.
Q.

Do you know what Bert Fink

was doing on YouTube at work? A.
16:06:57

19 20 21 22 23 24 25 16:07:17

I don't know. Other than Mr. Fink, is

Q.

there anyone else that would know that? A. Well, I don't think so. It was reported

Bill Gaden might know. to him at the time.
Q.

Are you aware of

~ny

R&H

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

A-683

Schapiro Exhibit 85

A-684
1

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK THE FOOTBALL ASSOCIATION PREMIER LEAGUE LIMITED, BOURNE CO., et al.,) on behalf of themselves and all ) others similarly situated, ) ) Plaintiffs, ) Case No. vs. ) 07-CV-3582 ) ) YOUTUBE, INC., YOUTUBE, LLC, and ) GOOGLE, INC., ) ) Defendants. ) ) VIDEOTAPED DEPOSITION OF: MARYANN SLIM NEW YORK, NEW YORK FRIDAY, OCTOBER 23, 2009

BY: REBECCA SCHAUMLOFFEL JOB NO. 17852

A-685
2
1

2
3
4

A P PEA RAN C E S:

5

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8

FOR THE PLAINTIFFS: LIEFF, CABRASER, HEIMANNN & BERNSTEIN, LLP BY: DAVID S. STELLINGS, ESQ. 250 Hudson Street, 8th floor New York, New York 10013-1413 [e-mail]

9

10

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FOR THE DEFENDANTS YOUTUBE, INC., YOUTUBE, LLC and GOOGLE, INC.: MAYER BROWN, LLP BY: ARIC S. JACOVER, ESQ. FIDELIS I. AGBAPURUONWU, ESQ. 1675 Broadway New York, New York 10019 [phone] [e-mail] [e-mail]

ALSO PRESENT:
19 20 21 22 23
24

Carlos King, Videographer

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DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York:, NY 10123 [phone]

A-686
116
1
2
3

MARYANN SLIM YouTube? A.
Q.
12:10:55

No. Is it more than ten? I truly, off the top of my I would reckon for

4
5

A.

6
7

head, don't know.

YouTube, for Stage Three UK, probably between 10 and 20.
Q.
12:11:38

8
9

I am not sure.

I am going to show you a

10 11 12 13

document that we will have marked as Stage Three UK Exhibit 10, Bates labeled ST00097906 to '11. (Whereupon, the aforementioned documents, ST00097906 to '11, were marked as Stage Three UK Exhibit 10 for identification as of this date by the Reporter.)
Q.

14
15 16

17
18 19 20 21
22

This is an E-mail exchange

12:12:39

between yourself and Ian Neil?
A.

That's correct. This is regarding the

Q.

23 24 25 12:12:51

licensing of the song, Rock & Roll Queen in the Guy Ritchie film, RocknRolla; is that correct?

DAV1D FELDMAN WORLDWIDE, INC.
450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

A-687
117

1
2
3
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MARYANN SLIM A.
Q.

That's correct. Is Rock & Roll Queen a US

work or a UK work?
12:13:00

5
6

A.
Q.

It is a UK work. Do you know if that

7
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composition is subject to either of the Sub-publishing Agreements we discussed earlier?
12:13:10

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

MR. STELLINGS:

Objection.

You can answer, if you know. A. Again, I have not seen

written documentation, but I would think that it is.
12:13:17

Q.

Who is the writer of Rock &

Roll Queen? A. Morgan. It is Morgan, Cooper, So it is Philip Morgan,

Charlotte Cooper and Joshua Morgan.
12:13:33

Q.

If you can turn to the

second page of this document, you write, "I approve the attached request to use Rock & Roll Queen in the Guy Ritchie film, RocknRolla as per the
12:13:47

25

terms and fees below."

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

A-688
118

1

MARYANN SLIM Do you see that? A. Q.
12:13:56

2
3

I do. And on the next page, under in the middle of that

4 5
6

rights,

paragraph, the media includes "by means of the Internet or similar by way of both downloading and streaming." Do you see that?
12:14:12

7

8
9

10
11 12 13 14 15 16 17 18 19
20

A. Q.
~ould

I

do.

So this grant of rights

include posting on YouTube,

correct? A.
12:14:19

Yes, it would. And this particular license

Q.

permits the licensee -- t h e licensee to post the synchronized content on websites that allow both downloading and streaming?
12:14:38

A. Q.

Correct. Now, if this grant of rights

21

22
23 24 25 12:14:49

were limited only to streaming, would that still permit the licensee to post on YouTube? MR. STELLINGS: Objection.

DAVID FELDMAN WORLDWIDE, INC.
450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

A-689
119 1 2
3

MARYANN SLIM Hypothetical. You can answer, if you know. A.
12:14:55

4
5 6

Let me just quickly read the

rights. Sorry; can you ask the question again?
Q.

7 8 9

Sure.

So if this grant of

rights were limited only to streaming,
12:15:29

10
11

as in, it did not allow downloading, would that still permit the licensee to post on YouTube? MR. STELLINGS: object. I still

12 13 14 15 16 17 18 19 20 21
22
23

12:15:47

A.

As the -- i f the film

company was intending to stream the film on YouTube, then that would be covered.
Q.
12:16:09

If the film company posted a

video on YouTube, that would be covered as well? A. Only insofar as how the song You

is contained within the film.

24 25 12:16:20

cannot pull the song out and lay it over other bits of the film.

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

A-690
122
1

MARYANN SLIM licensee here posted the synchronized content on YouTube? MR. STELLINGS:
12:18:45

2
3

4
5

The question

is whether you know. A.
Q.

6

I don't know. Would someone else know? MR. STELLINGS: Calls for

7
8 9

speculation.
12:18:55

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

You can answer, if you know. A.
Q.

No. So if anyone would know, you

would, at Stage Three? MR. STELLINGS:
12:19:07

I object to

that question. A. We would -- I would be

informed if anyone else at Stage Three knew and I didn't.
Q.
12:19:32

Would that information be

included on the Excel spreadsheet on licensing?

A.
Q.

Which information? The information on whether

the licensee posted content on YouTube
12:19:45

pursuant to this license.

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

A-691
123

1
2
3

MARYANN SLIM A. No, that wouldn't go into

the spreadsheet.
Q.
12:19:56

4
5 6
7

If you can turn to the next

page,

'97909, you will see under

"Miscellaneous," point 1 says, "The Subways will have the right to use the footage shot at the gig at Bournemouth Fire station on Wednesday 22nd
12:20:17

8
9

10

August 2007 on the internet via their own website, MySpace, YouTube," et cetera. Do you see that?

11
12 13

14
15 16 17 18 19 20 21 22 23 24 25 12:20:54 12:20:38 12:20:24

A.
Q.

I

do.

Do you know if The Subways

ever posted content on YouTube pursuant to this license? A. We got the I don't believe they did. the film company

delivered the parts to us late, way down the line. So I don't think they I can't

actually used it in the end.

confirm this, but I don't think they did because it was well past after the film had been out.

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

A-692
124
1

MARYANN SLIM
Q.

2
3
4
5

But if they did, that would

be authorized to be on YouTube? A.
12:20:59

That would be authorized,

yes.
Q.

6
7

I am now going to show you a

document that we will have marked as Stage Three UK Exhibit 11, Bates ST00099175 to '77. (Whereupon, the aforementioned documents, ST00099175 to '77, were marked as Stage Three UK Exhibit 11 for identification as of this date by
12:21:54

8 9

10 11 12
13

14 15
16 17
18

the Reporter.)
Q.

This appears to be a fully

executed license Agreement for the song, Rock & Roll Queen, to be used in an Internet advertisement by Harman
12:22:04

19 20 21
22
23

Consumer Group, correct? A.
Q.

Correct. Do you recognize this

license? A.
12: 22: 11

24 25

I have seen it, yes. Licensor, on the top, is

Q.

DAVID FELDMAN WORLDWIDE, INC.
450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

A-693
125
1

MARYANN SLIM Stage Three Music (US), Inc. on behalf of Stage Three Music Limited. see that?
12:22:24

2
3
4
5 6

Do you

A.
Q.

I do. Why is this license on

7
8
9

behalf of Stage Three Music Limited? MR. STELLINGS: Objection.

Calls for a legal conclusion.
12:22:30

10
11

You can answer, if you know. A. This license was issued by It is not issued by This license is for a

12 13 14 15 16 17 18 19 20 21 22 23 24 25 12:23:29 12:23:19 12:22:45

the US office. Stage Three UK.

UK song being issued out of the US for the territory of the US. wording.
Q.

Hence, the

If you look at section 6,

"Grant of Rights" -- S e c t i o n 6(a), I should say, it allows use on YouTube in non-downloadable streaming video format. A.
Q.

Do you see that? Yes, I do. Do you know if the licensee

posted any content on YouTube pursuant to this license?

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

A-694
126 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12:24:43 12:24:29 12:24:07 12:23:50 12:23:38

M A RY A N N SL I M A. o f t h e U S. Q. So w o u ld J e f f Du n c an k n o w I do n ' t kn o w . I t ca me o u t

t h e a n sw er t o th a t ? A. He m i g ht . B ut a s we g iv e

t h em t he r i g ht t o do i t , w e w o u l dn ' t go a n d c h ec k u p o n w h et he r th ey h ad d o n e i t o r no t. Q. Do es S ta ge T hr ee U K ev e r

i n fo r m Y ou T u be - - I wi l l a sk t hi s a d i ff e r en t w a y. H a s S t ag e T h re e U K e ve r i n fo r m ed Y o u Tu be t ha t - - o f l i ce ns e s t h at i t ha s au th o r iz ed t o be p os te d o n Y o uT u b e? A. No . M R . J A CO VE R : Le t me k n o w

w h en y ou w a n t to b re ak f or l u n ch . M R . S T EL LI N G S: or so. Q. I am n ow g o i ng t o sh ow y o u M a yb e 1 2 :4 5

a n e x h ib it t ha t w e w il l ha ve m ar ke d a s S t ag e Th re e UK E x h ib it 1 2, B a t es n u mb er S T 00 0 0 94 04 t o '0 7 .

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

A-695
127 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12:25:55 12:25:45 12:25:35 12:25:26

M A RY A N N SL I M ( W he r e up on , th e a f or e m en ti o n ed d o c um en t s , S T 00 0 0 94 04 t o '0 7 , w er e ma rk e d a s S t ag e Th re e UK E x h ib it 1 2 fo r i d en t i fi ca t i on a s of t h i s da t e b y t h e R e po rt e r .) Q. Th is i s an E -m ai l ex ch a n g e

b e tw e e n yo u r se lf a nd T h e re sa T or ra n ce w i th t he s u b je ct , "I B o x U p A l l Th e B u tt e r fl ie s , T he B oy L e a st L i k el y T o, E L LE M ag az i n e vi d e o re q u es t. " A. Q. e x ch a n ge ? A. Q. I do . On t h e f ir s t p ag e , T he r e s a Co rr e c t. Do y o u r ec o g ni ze t hi s E - m a il

T o rr a n ce w r i te s t o y ou , "I d i d n ot i ce t h ey w an t t o e xh i b it o n Yo uT u b e. We

a r e i n a C l a ss A c t io n l a ws ui t ag ai n st Y o uT u b e so p le as e ma ke s ur e a n y l i ce n s es w h i ch g r a nt u n l im it e d I nt e rn e t r i gh t s e xc l u de e x h ib it i o n on Y ou Tu b e. " D o y o u s ee t ha t? A. I do .

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

A-696
191
1

MARYANN SLIM a little bit further?
Q.

2
3

So we were talking about

4

when Stage Three UK learns of a
14:58:45

5
6 7

potentially unauthorized use on the Internet. A. Q. Yes. My question was: Does Stage

8
9

Three UK take any steps to determine
14:58:55

10
11

whether that use was authorized or not? I believe you testified that you would check with the licensing folks at Stage Three UK to determine whether the particular use was

12 13 14 15 16 17 18 19 20 21 14:59:20 14:59:09

authorized, A.
Q.

correct? Correct. What would you use to check

for that information?

A.
files.

I would look through the Because if there was a case

where the song could be used supposedly without consent, we would know the name of the song, we would know the writer and we would have evidence of the film
14:59:39

22
23 24 25

that it is being used in.

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

A-697
192
1

MARYANN SLIM Therefore, we would be able to look in the writer's file to see if a license had been issued for that song
14:59:49

2
3
4

5
6

for that particular use. Q. The Excel spreadsheet you

7

desc