Rupa Marya v. Warner Chappell Music Inc

Filing 126

SUPPLEMENT to MOTION for Order for (i) OVERRULING DEFENDANTS' CLAIM OF PRIVILEGE IN DOCUMENTS PRODUCED BY A NON-PARTY, OR PERMITTING A SECOND RULE 30(b)(6) DEPOSITION TO DETERMINE THE FACTUAL BASIS FOR THAT CLAIM; (ii) GRANTING RELIEF FROM THE DISCOVERY CUTOFF 123 [REDACTED] filed by Plaintiffs Good Morning to You Productions Corp, Majar Productions LLC, Rupa Marya, Robert Siegel. (Attachments: # 1 Declaration Supplemental Decl of Betsy C. Manifold, # 2 Exhibit 13, # 3 Exhibit 14, # 4 Exhibit 15, # 5 Exhibit 16, # 6 Exhibit 17 [REDACTED & FILED UNDER SEAL])(Manifold, Betsy)

EXHIBIT 15

Ex. 15
50

Compendium
of
ASCAP Rules and Regulations, and
Policies Supplemental to the Articles of Association

Effective as of June 2014

Ex. 15
51

28
2.8.1

Works
Claims Against ASCAP Members’
When one Member of ASCAP
n
a composition or catalog that has bee
claims all or a portion of an interest in
is
P concludes that there is reasonable bas
claimed by another Member and ASCA
disputed portion of
es attributable to the
for the claim, ASCAP may hold royalti
appropriate. If ASCAP does hold such
such interest for as long as ASCAP deems
P
ers. At ASCAP’s sole discretion, ASCA
royalties, ASCAP will notify both Memb
ifying ASCAP against claims by either
may determine that an agreement indemn
epted as a condition to release such
Member, or a suitable bond, can be acc
n agreement, suitable bond or a resolution of
royalties. If there is no indemnificatio
CAP may, at its sole discretion, either
the claim between the two Members, AS
appropriate legal remedies, which may
release the royalties being held or seek
include initiation of an interpleader action.

Between ASCAP Members Over a
Renewal and Post-Termmation Claims
regarding changes of interest in
In disputes between Publisher Members
Wic,
for the post-termination period, if a new
works in the renewal term of copyright or
P a copy of a written agreement (or
claimant Publisher furnishes to ASCA
l
ports its claim for rights to the renewa
appropriate excerpts therefrom) that sup
uted work will not be released to the
term or post-termination period, the disp
h Publisher furnishes to ASCAP: (i) a
original term Publisher unless and until suc
riate excerpts therefrom) that supports its
copy of a written agreement (or approp
nation period, and (ii) an appropriate
m for the renewal term or post-termi
clai
claims by the new claimant Publisher, or
agreement indemnifying ASCAP against
a suitable bond.
Work. When a non-member
slms*inst an ASCAPMembcr’s
2.8.3
n
in a composition or catalog that has bee
claims all or a portion of an interest
CAP concludes that there is a reasonable
claimed by a Member of ASCAP and AS
alties attributable to the disputed portion
basis for the claim, ASCAP may hold roy
d
P deems appropriate. If ASCAP does hol
of such interest for as long as ASCA
an
retion, ASCAP may determine that
such royalties, at ASCAP’s sole disc
claims by the non-member, or a suitable
agreement indemnifying ASCAP against
If
release such royalties to the Member.
bond, can be accepted as a condition to
claim,
able bond or a resolution of the
there is no indemnification agreement, suit
release the royalties being held or seek
ASCAP may, at its sole discretion,
de initiation of an interpleader action.
appropriate legal remedies, which may inclu
een
inistrations. In the event of a dispute betw
2.8.4 Claims Involving Publisher Adm
mber, and if
its administrator Publisher Me
an administered Publisher Member and
es that the administered Publisher has
ASCAP, in its sole discretion, conclud
ion agreement, it had the right to, and did,
demonstrated that, under the administrat
rds will be updated to reflect this. If
terminate the administration, ASCAP’s reco
onstrate that it had the right to, and did,
the administered Publisher cannot dem
hold royalties attributable to the works
terminate the administration, ASCAP may
If ASCAP does hold such royalties,
.
covered by the disputed administration
tered Publisher and the administrator
ASCAP will notify both the adminis
ASCAP may determine that an agreement
Publisher. At ASCAP’s sole discretion,
the administrator Publisher, or a suitable
indemnifying ASCAP against claims by
tered Publisher as a condition to release
bond, can be accepted from the adminis
a
emnification agreement, suitable bond or
such royalties. If there is no ind

282

Effective as ofiune 2014

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Ex. 15
52

resolution of the dispute between the two Publisher Members, ASCAP may, at its
sole discretion, release the royalties being held as ASCAP deems appropriate.
2.8.5

Indemnification and Reimbursement. The indemnification required pursuant to
Sections 2.8.1, 2.8.2, 2.8.3 or 2.8.4 shall (i) encompass any and all claims,
demands, actions and suits that may be made against ASCAP and that require
payment and/or defense, or against any third party that ASCAP may be called upon
to defend; and (ii) provide for reimbursement to ASCAP for any and all damages,
costs and expenses, including attorneys’ fees, that ASCAP may necessarily incur
by reason of the holding and release of royalties attributable to the claims specified
in such Sections.

2.9

Removal of Works from the ASCAP Repertory.

2.9.1

Removal Generally; Effective Date. Resigned Writer and Publisher Members
may elect to remove works which have remained in the ASCAP Repertory, subject
to Licenses-in-Effect and provided that both the Writer and corresponding
Publisher interests are removed, by complying with the provisions of and following
the schedule set forth in Sections 1.11.1 and 1.11.2 (with the necessary conforming
changes), such removal to be effective upon the later of the Writer or Publisher
Member’s resignation date (or corresponding anniversaries thereof),

2.9.2

Continuing Publisher Member Removal. A continuing Publisher Member may
elect to remove any of the works in its catalog written by a resigned Writer in
accordance with Section 1.11.3, subject to Licenses-in-Effect and provided that
both the Writer and corresponding Publisher interests are removed, by complying
with the provisions of and following the schedule set forth in Sections 1.11.1 and
1.11.2 (with the necessary conforming changes), such removal to be effective upon
the later of the Writer or Publisher Member’s resignation date (or corresponding
anniversaries thereof).

2.9.3

Rights of Resigned Writer Member. A resigned Writer Member may elect to
continue to license works created during his or her ASCAP Membership through
ASCAP if at least one co-party to the work is a current ASCAP Member. The
resigned Writer Member must advise ASCAP in writing that the Member wishes
ASCAP to continue licensing the work, and represent that the works are not
licensed by another performing rights organization. ASCAP will then continue to
pay royalties to the resigned Member for surveyed performances of those works.

2.10

Removal

of

Foreign

Originated

Works

from

the

ASCAP

Repertory. ASCAP will respond to requests made to the attention of ASCAP’s
Repertory Department, to remove any foreign originated composition from the
ASCAP Repertory, as set forth in Sections 2.10.1, 2.10.2 and 2.10.3 when
submitted as follows:
(a)

by written request from the affiliated foreign performing rights society that
originally placed the copyrighted composition in the ASCAP repertory or;

(b)

by form (as made available by ASCAP and completed in its entirety), from
the ASCAP Publisher Member acting as the United States representative (or
United States Sub-publisher, as applicable).

Effective as of June 2014

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53