Rupa Marya v. Warner Chappell Music Inc

Filing 171

[REDACTED] JOINT EVIDENTIARY APPENDIX IN SUPPORT OF NOTICE OF MOTION AND CROSS-MOTION AND MOTION AND CROSS-MOTION FOR SUMMARY JUDGMENT re APPLICATION for Leave to File Under Seal 158 VOLUME 2 OF 8 filed by Plaintiffs Good Morning to You Productions Corp, Majar Productions LLC, Rupa Marya, Robert Siegel. (Attachments: # 1 Appendix VOLUME 2 OF 8)(Manifold, Betsy)

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BETSY C. MANIFOLD (182450) 1 manifold@whafh.com WOLF HALDENSTEIN ADLER 2 FREEMAN & HERZ LLP 750 B Street, Suite 2770 3 San Diego, CA 92101 619/239-4599 4 Telephone: 619/234-4599 Facsimile: 5 Interim Lead Counsel for Plaintiffs and the 6 [Proposed] Class 7 GLENN D. POMERANTZ (State Bar No. 112503) glenn.pomerantz@mto.com 8 KELLY M. KLAUS (State Bar No. 161091) kelly.klaus@mto.com 9 MELINDA E. LeMOINE (State Bar No. 235670) melinda.lemoine@mto.com 10 ADAM I. KAPLAN (State Bar No. 268182) adam.kaplan@mto.com 11 MUNGER, TOLLES & OLSON LLP 355 South Grand Avenue 12 Thirty-Fifth Floor Los Angeles, California 90071-1560 13 Telephone: (213) 683-9100 Facsimile: (213) 687-3702 14 15 Attorneys for Defendants Warner/Chappell Music, Inc. and Summy-Birchard, Inc. 16 UNITED STATES DISTRICT COURT 17 CENTRAL DISTRICT OF CALIFORNIA 18 19 20 21 22 23 24 25 26 27 28 WESTERN DIVISION ) Lead Case No. CV 13-04460-GHK (MRWx) GOOD MORNING TO YOU PRODUCTIONS CORP., et al., ) ) [REDACTED] JOINT EVIDENTIARY Plaintiffs, ) APPENDIX IN SUPPORT OF NOTICE ) OF MOTION AND CROSS-MOTION v. ) AND MOTION AND CROSS-MOTION ) FOR SUMMARY JUDGMENT WARNER/CHAPPELL MUSIC, ) (VOLUMES 1 THROUGH 8) INC., et al., January 26, 2015 ) Date: ) Time: 9:30 a.m. Defendants. ) Room: 650 ) Judge: Hon. George H. King, Chief Judge ) ) TABLE OF CONTENTS VOL. Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Exhibit 11 PLAINTIFFS’ EXHIBITS Plaintiffs’ Fourth Amended Consolidated Complaint (“FAC”) filed on April 29, 2014 (Dkt. 95) Defendants’ Answer to Plaintiffs’ FAC filed on May 6, 2014 (Dkt. 99) [REDACTED] Declaration of Mark C. Rifkin in Support of Notice of Motion and Cross-Motion and Motion and CrossMotion for Summary Judgment [Unredacted version provisionally filed under seal] Declaration of Beth A. Landes in Support of Notice of Motion and Cross-Motion and Motion and Cross-Motion for Summary Judgment Excerpts from Song Stories for the Kindergarten published in 1893 by Clayton F. Summy Co. (WC0000406-412) Articles of Incorporation for the Clayton F. Summy Company filed with the State of Illinois on or about January 14, 1895 (P003572-3586) Digital copy of Song Stories for the Kindergarten, published in 1896 by Clayton F. Summy Co. (P002057-2156) Article entitled “First Grade Opening Exercises” printed in the January 1901 edition of Inland Educator and Indiana School Journal (P003608-3609) Excerpt from the book Tell Me a True Story, published by Fleming H. Revell Co., arranged by Mary Stewart, in 1909 (P003729-3732) Excerpt from 1909 Catalog of Copyright Entries for Books, Entry for Reg. No. A239690 (Tell Me a True Story) (P006323) Digital copy of The Elementary Worker and His Work published by the Board of Sunday Schools of the Methodist Episcopal Church, written by Alice Jacobs and Ermina Chester Lincoln, (P002299-2563) -1- PAGES 1 1 1 45 1 77 1 81 1 86 1 94 1 110 1 211 1 214 1 219 2 221 VOL. Exhibit 12 Exhibit 13 Exhibit 14 Exhibit 15 Exhibit 16 Exhibit 17 Exhibit 18 Exhibit 19 Exhibit 20 Certified Copy of Additional Certificate of Registration to Claim of Copyright for The Elementary Worker and His Work (P006331-6333) [original exhibit manually lodged and filed pursuant to L.R. 11-5.4; copy of original exhibit attached] Excerpt of sheet music from the Beginners’ Book of Songs with Instructions published by the Cable Company Chicago in 1912 (P003423-3424) Excerpt of the sheet music published in The Golden Book of Favorite Songs, A Treasury of the Best Songs of our People (P003425-3427) Compilation video of Happy Birthday performance scenes from Bosko’s Party (Ex. 25), Girls About Town (Ex. 35), Strange Interlude (Ex. 26), Baby Take A Bow (Ex. 30), ‘Way Down East (Ex. 41), and The Old Homestead (Ex. 39) [manually lodged & filed pursuant to L.R. 11-5.1] Photograph of the “Application for the RENEWAL of a Copyright Subsisting in Any Work” submitted by Jessica Hill, as next of kin for Mildred J. Hill, Song Stories for the Kindergarten (Reg. No. 45997) on September 3, 1921 (Renewal Reg. No. 19043) (P003297-3298) Certificate of Incorporation for Educational Music Bureau (“EMB”) filed with the Illinois Secretary of State on or about August 11, 1923, (WC0002034-2038) Excerpt of sheet music published in Harvest Hymns in 1924 (P003590-3593) Certified Copy of Additional Certificate of Registration to Claim of Copyright for Harvest Hymns (Reg. No. A777856) (P006325-6327) [original exhibit manually lodged and filed pursuant to L.R. 11-5.4; copy of original exhibit attached] Articles of Incorporation of Clayton F. Summy Co. filed with the Illinois Secretary of State on or about April 15, 1925 (P003537-3542) -2- PAGES 3 487 3 491 3 494 3 498 3 499 3 502 3 508 3 513 3 517 VOL. Exhibit 21 Exhibit 22 Exhibit 23 Exhibit 24 Exhibit 25 Exhibit 26 Exhibit 27 Exhibit 28 Exhibit 29 Exhibit 30 Exhibit 31 Excerpt of sheet music from Children’s Praise and Worship published in 1928 (P003431-3434) Certified Copy of Additional Certificate of Registration to Claim of Copyright for Children’s Praise and Worship (A1068883) (P006328-6330) [original exhibit manually lodged and filed pursuant to L.R. 11-5.4; copy of original exhibit attached] [REDACTED] Declaration of Randall S. Newman in Support of Plaintiffs’ Motion for Summary Judgment [Unredacted version provisionally lodged & filed under seal] Excerpt from the Catalog of Copyright Entries (Cumulative Series) for Motion Pictures from 1912 to 1939 (P006351, P006353, P006357-6359) Animated Short “Bosko’s Party”(manually lodged with the Court) [manually lodged & filed pursuant to L.R. 11-5.1] Motion picture “Strange Interlude”(manually lodged with the Court) [manually lodged & filed pursuant to L.R. 11-5.1] Warner/Chappell Music, Inc.’s “New Song Information Sheet,” printed from its electronic database (WC00019831984) [provisionally lodged under seal] C.F.S. Musical Co. was dissolved by a decree entered by the Superior Court of Cook County, Illinois on or about May 17, 1933 (P003547-3548) Copy of Sam H. Harris Theatrical Enterprises, Inc.’s Interrogatory Responses dated March 25, 1935, filed in the captioned action Jessica M. Hill v. Sam H. Harris, et al. Eq. No. 78-350 (P003116-3131) Motion picture “Baby Take A Bow” [manually lodged & filed pursuant to L.R. 11-5.1] Photograph of Application for Copyright for Republished Musical Composition (Reg. No. E51988) dated December 6, 1935 (P003290-3291) -3- PAGES 3 524 3 529 3 533 3 545 3 551 3 552 3 553 3 556 3 558 3 575 3 576 VOL. Exhibit 32 Exhibit 33 Exhibit 34 Exhibit 35 Exhibit 36 Exhibit 37 Exhibit 38 Exhibit 39 Exhibit 40 Exhibit 41 Exhibit 42 “Complaint” filed August 14, 1934, in the United States District Court, Southern District of New York, captioned Jessica M. Hill v. Sam H. Harris, Eq. No. 78-350 (P0028002807) Excerpt from 1934 Catalog of Copyright Entries for Musical Compositions, Vols. 1 to 12 (P113096) New York Times article entitled “Shy Women Teachers Who Wrote Child’s Ditty Figure in Plagarism Suit Over Broadway Hit” appearing in August 15, 1934, edition (P003598) Parts 1, 5, and 6 of Motion Picture “Girls About Town” as retrieved from YouTube available at http://www.youtube.com/watch?v=zbeni6pmJHk&feature& share&list=PL8DEBB572FF5195FB&index=4 [manually lodged & filed pursuant to L.R. 11-5.1] “Amended Complaint” filed January 28, 1935, in the United States District Court, Southern District of New York, captioned Jessica M. Hill v. Sam H. Harris, et al., Eq. No. 78350 (P002825-2832) New York Herald article entitled “Sam H. Harris is Sued Over Melody of Song” appearing in the August 15, 1934, edition (P006322) Excerpts from 1935 Catalog of Copyright Entries for Musical Compositions, Vols. 1 to 12 (P114300, P114523, P114524, P114589, P114980, P114903, P114966, P115008) Motion picture “The Old Homestead”(manually lodged with the Court) [manually lodged & filed pursuant to L.R. 11-5.1] Photograph of Application for Copyright for Republished Musical Composition with New Copyright Material submitted December 6, 1935 and Registered as E51990 (P003295-3296) Motion picture “’Way Down East”(manually lodged with the Court) [manually lodged & filed pursuant to L.R. 11-5.1] Assignment of Copyrights, Patty S. Hill & Jessica M. Hill, Assignors, and The Hill Foundation, Inc., Assignors dated June 2, 1942, recorded with the U.S. Copyright Registrar’s Office on June 8, 1942 (WC00001453-1455) -4- PAGES 3 579 3 588 3 590 3 592 3 593 3 602 3 604 3 613 3 614 3 617 3 618 VOL. Exhibit 43 Exhibit 44 Exhibit 45 Exhibit 46 Exhibit 47 Exhibit 48 Exhibit 49 Exhibit 50 Exhibit 51 Exhibit 52 Copy of the sheet music deposited and registered as Reg. No. E51988 (WC0000413-414) Certified Copy of Additional Certificate of Registration to Claim of Copyright for Reg. No. E51988 (P006334-6335) [original exhibit manually lodged and filed pursuant to L.R. 11-5.4; copy of original exhibit attached] Letter from Adam Kaplan, Munger Tolles, to Betsy C. Manifold, Wolf Haldenstein dated November 6, 2014 Letter from the Copyright Office dated January 23, 1961 (WC000405) Excerpts of Confidential Deposition Transcript of Defendant Warner/Chappell Music, Inc., Pursuant to Fed. R. Civ. P. 30(b)(6) deponent Thomas Marcotullio, taken June 3, 2014 [provisionally lodged under seal] Certified Copy of Additional Certificate of Registration to Claim of Copyright for Reg. No. E51990 (P006336-6337) [original exhibit manually lodged and filed pursuant to L.R. 11-5.4; copy of original exhibit attached] “Assignment of Copyrights,” Patty S. Hill & Jessica M. Hill, Assignors, and Summy Co. III, Assignee, dated September 2, 1939, recorded with the U.S. Copyright Registrar’s Office on September 21, 1939 (WC0001446-1449) “Amended Complaint” filed December 16, 1943, in the United States District Court for the Southern District of New York, captioned The Hill Foundation, Inc. v. Clayton F. Summy Co., Civil No. 19-377 (P002647-2661) “Answer to Amended Complaint” filed December 29, 1942 in the United States District Court for the Southern District of New York, captioned The Hill Foundation, Inc. v. Clayton F. Summy Co., Civil No. 19-377 (P002935-2947) “Complaint” filed March 2, 1943 in the United States District Court, Southern District of New York, The Hill Foundation, Inc. v. Postal Telegraph-Cable Co., Civil No. 20-439 (P002590-2595) -5- PAGES 3 622 3 625 3 628 3 632 3 634 3 652 3 655 3 660 3 676 3 690 VOL. Exhibit 53 Exhibit 54 Exhibit 55 Exhibit 56 Exhibit 57 Exhibit 58 Exhibit 59 Exhibit 61 “Assignment,” Patty S Hill and Jessica M. Hill, as Assignees, The Hill Foundation, Inc., as Assignors, dated October 16, 1944, recorded November 10, 1944 in the U.S. Copyright Registrar’s Office (WC00000106-107) “Assignment,” The Hill Foundation, Inc., as Assignee, Clayton F. Summy Co., a Delaware corporation, Assignor, dated October 16, 1944, recorded November 10, 1944, in the U.S. Copyright Registrar’s Office (WC0000957-962) National Archives and Records Administration Certified Copy of “Complaint” filed March 28, 1945, in the United States District Court, Southern District of New York, captioned Clayton F. Summy Co. v. McLoughlin Brothers, Inc., Civil No. 30-284 (P006051-6058) National Archives and Records Administration Certified Copy of “Complaint” filed March 28, 1945, in the United States District Court, Southern District of New York, captioned Clayton F. Summy Co. v. Louis Marx & Company, Inc., Civil No. 30-285 (P006042-6050) National Archives and Records Administration Certified Copy of “Complaint” filed January 11, 1946, in the United States District Court, Southern District of New York, captioned Clayton F. Summy Co. v. Paul Feigay and Oliver Smith, Civil No. 34-481 (P006034-6041) Article appearing in the New York Herald entitled “Happy Birthday Trouble” on December 16, 1947 (P004319) Articles of Amendment to EMB filed with the Illinois Secretary of State on or about June 2, 1948 (WC00020392043) Certified Copy of Additional Certificate to Claim of Copyright for renewal of Harvest Hymns (Renewal Reg. No. R90447) (P006344-6345) [original exhibit manually lodged and filed pursuant to L.R. 11-5.4; copy of original exhibit attached] -6- PAGES 697 3 700 4 707 4 719 4 731 4 741 4 743 4 756 VOL. Exhibit 62 Exhibit 63 Exhibit 64 Exhibit 65 Exhibit 66 Exhibit 67 Exhibit 68 Exhibit 69 Exhibit 71 Certificate of Amendment and Certificate of Incorporation changing name of Clayton F. Summy Co., a Delaware corp., to Summy Publishing Company, filed January 23, 1956, with the Delaware Secretary of State (WC0002000-2002) Excerpt from Twice 55 Community Songs, The Brown Book, Revised Ed., published 1957 by C.C. Birchard Co., of Happy Birthday sheet music (P005997-5998) Excerpts of Deposition Transcript of Plaintiffs’ Expert Witness, Joel Sachs, Ph.D., taken on September 9, 2014 Certificate of Amendment and Certificate of Incorporation changing name of Summy Publishing Company, a Delaware corp., to Summy-Birchard Publishing Company, filed September 27, 1957 with the Delaware Secretary of State (WC0002003-2005) Certificate of Amendment and Certificate of Incorporation changing name of Summy-Birchard Publishing Company, a Delaware corp., to Summy-Birchard Company, filed December 22, 1961, with the Delaware Secretary of State (WC0002006-2008) Certified Copy of Additional Certificate of Registration of a Claim to Copyright for Renewal Reg. No. R306185 (Original Reg. No. E51988) (P006338-6340) [original exhibit manually lodged and filed pursuant to L.R. 11-5.4; copy of original exhibit attached] Certified Copy of Additional Certificate of Registration of a Claim to Copyright for Renewal Reg. No. R306186 (Original Reg. No. E51990) (P006341-6343) [original exhibit manually lodged and filed pursuant to L.R. 11-5.4; copy of original exhibit attached] New York Times obituary article for John Sengstack, appearing on October 13, 1970 (P006354) Articles of Merger of Domestic and Foreign Corporation for EMB and Summy-Birchard Company filed with the Illinois Secretary of State on or about December 28, 1973 (WC0002064-2068) -7- PAGES 4 759 4 763 4 766 4 799 4 803 4 807 4 811 4 815 4 823 VOL. Exhibit 72 Exhibit 73 Exhibit 74 Exhibit 75 Exhibit 76 Exhibit 77 Exhibit 78 Exhibit 79 Exhibit 80 Exhibit 81 Exhibit 82 Exhibit 83 Plan and Agreement of Merger entered into on or about December 21, 1973 between Summy-Birchard Company (Delaware) and EMB (WC002069-2075) National Archives and Records Administration Certified Copy of “Answer” filed March 28, 1945, in the United States District Court, Southern District of New York, captioned Clayton F. Summy Co. v. Louis Marx & Company, Inc., Civil No. 30-285 (P006360-6367) Articles of Merger filed with the Wyoming Secretary of State on or about January 8, 2010 (WC0002076-2080) Articles of Merger filed with the Wyoming Secretary of State on or about March 19, 1976 (WC0002019, 2018, 2032, 2031) Agreement and Plan of Merger between Summy-Birchard Company, an Illinois corporation, and New Summy-Birchard Company, a Wyoming corporation (WC0002029, 2028, 2027, 2026, 2025, 2024, 2030) Articles of Amendment filed with the Wyoming Secretary of State on or about November 9, 1978 (WC0002015-2017) Articles of Amendment dated May 1, 1979 that were filed with the Wyoming Secretary of State, (WC0002013-2014) Articles of Amendment filed with the Wyoming Secretary of State on or about August 3, 1979 (WC0002011-2012) Articles of Amendment filed with the Wyoming Secretary of State on or about October 12, 1979 (WC0002009-2010) Confidential Stock Purchase Agreement between Warner/Chappell Music, Inc. and David K. Sengstack dated December 1, 1988 (WC000760-827) [provisionally lodged under seal] Articles of Amendment of Birch Tree Group Limited filed with the Wyoming Secretary of State on or about December 27, 1988 (WC0001995-1997) Confidential Stock Certificate for Birch Tree Group Limited dated February 12, 1986 (WC0000574) [provisionally lodged under seal] -8- PAGES 4 829 4 837 4 847 4 853 4 858 4 866 4 870 4 873 4 876 4 879 5 948 5 952 VOL. Exhibit 84 Exhibit 85 Exhibit 86 Exhibit 87 Exhibit 89 Exhibit 90 Confidential Stock Power Assignment from Sengstack to Warner/Chappell Music, Inc., dated January 3, 1989 (WC0000573) [provisionally lodged under seal] Articles of Merger of Summy-Birchard, Inc., a Wyoming corp., and Summy-Birchard, Inc., a Wyoming corp. (WC0002076-2080) Affidavit of Joel Sachs in Support of Cross-Motions for Summary Judgment & Exhibits of Sheet Music for Happy Birthday Exhibit A – Happy Birthday to You! (WC0000977-978) Exhibit B – Happy Birthday to You! (Deposit Copy for E51988 -WC0000413-414) Exhibit C – Happy Birthday (WC0000119-121) Exhibit D – Happy Birthday (WC0000984-989) Exhibit E – Happy Birthday (WC0000990-995) Exhibit F – Happy Birthday (WC0000996-1001) Deposition Transcripts de benne esse of Patty S. Hill and Jessica Hill taken July 1, 1935, filed in the Hill v. Harris, Eq. No. 78-350 (P002756-2797) Metro-Goldwyn-Mayer’s Notice of Intent to Use Musical Compositions in connect with the “photoplay” entitled “STRANGE INTERLUDE” dated July 14, 1932 (Production #608) identifying Happy Birthday as being in the public domain (WB042) TIME Magazine article: “Music: Good Morning” appearing in the August 27, 1934, edition of TIME (P004318) -9- PAGES 5 954 5 956 5 962 968 971 974 978 985 992 5 999 5 1044 5 1046 VOL. Exhibit 91 Exhibit 92 Exhibit 93 Exhibit 94 Exhibit 95 Exhibit 96 Exhibit 97 Exhibit 98 Exhibit 99 “Answer” filed April 12, 1943, in the United States District Court, Southern District of New York, The Hill Foundation, Inc. v. Postal Telegraph-Cable Co., Civil No. 20-439 (P002869-2877) Confidential Purchase Agreement between Clayton F. Summy and John Sengstack dated August 7, 1931 (WC0002081-2090) [provisionally lodged under seal] State of Illinois Death Index for Clayton F. Summy (P006368) Plaintiffs’ Requests for Production of Documents to Defendants – Set No. One dated February 12, 2014 Excerpts from Defendants’ Objections and Responses to Plaintiffs’ First Set of Requests for Production of Documents dated March 21, 2014 Excerpts from Plaintiff Good Morning To You Corp.’s Interrogatories to Defendants – Set No. One dated February 12, 2014 Excerpts from Defendants’ Objections and Responses to Plaintiffs’ First Set of Interrogatories dated April 11, 2014 Plaintiffs’ Receipt for Additional Certificates of Registration of a Claim to Copyright for E 51988 & 7 Others from the Records Research and Certification Section, Office of Public Records and Repositories, U.S. Copyright Office dated June 12, 2014 (P006370) Excerpts from Compendium of Copyright Office Practices II, Ch. 1900, Records, Indexes, And Deposits Of The Copyright Office; Inspection, Copying, Additional Certificates, And Other Certifications (1984) (P006371-6392) PAGES 5 1048 5 1058 5 1069 5 1071 5 1083 5 1095 5 1103 5 1117 5 1119 6 1200 DEFENDANTS’ EXHIBITS Exhibit 100 Declaration of Adam I. Kaplan in Support of Notice of Motion and Cross-Motion and Motion and Cross-Motion for Summary Judgment - 10 - VOL. Exhibit 101 Exhibit 102 Exhibit 103 Exhibit 104 Exhibit 105 Exhibit 106 Exhibit 107 Exhibit 108 Exhibit 109 Exhibit 110 Exhibit 111 Exhibit 112 Exhibit 113 Exhibit 114 Copy of Registration E51990 (WC0000388-90, marked as Marcotullio Dep. Ex. 9) Certificate of Registration of a Claim to Renewal Copyright R306186 (WC0000103-104) Copy of Registration E51988 (WC0000385-87, marked as Marcotullio Dep. Ex. 4) Certificate of Registration of a Claim to Renewal Copyright R306185(WC0000953-54) Record of the Filing of Copyright Deposits under the Act of March 4, 1909 (P003299) Copy of sheet music for Happy Birthday to You!, published in 1935 by Clayton F. Summy Co. as publication number 3075 (WC0000977-979) Confidential Deposition Transcript of Defendant Warner/Chappell Music, Inc., Pursuant to Fed. R. Civ. P. 30(b)(6) deponent Thomas Marcotullio, taken June 3, 2014 [provisionally lodged under seal] Declaration of Thomas B. Marcotullio in Support of Defendants’ Motion for Summary Judgment Excerpts of Deposition Transcript of Jeremy Blietz, taken on July 10, 2014 Excerpts of Deposition Transcript of Plaintiffs’ Expert Witness, Joel Sachs, Ph.D., taken on September 9, 2014 Excerpts of Exhibit 47 to the Deposition of Joel Sachs, Ph.D (Expert Report of Joel Sachs, Ph.D. and Exs. J and L thereto) Recorded Assignment of Copyright from Patty S. Hill and Jessica S. Hill to The Hill Foundation, Inc., dated October 16, 1944 (WC0001450-52) (illegible copy) Recorded Assignment of Copyright from Patty S. Hill and Jessica S. Hill to The Hill Foundation, Inc., dated October 16, 1944 (WC0000844-45) (legible copy) Recorded Assignment of Copyright from The Hill Foundation, Inc., to Clayton F. Summy Co., dated October 16, 1944 (WC0001456-62) (illegible copy) - 11 - PAGES 6 1204 6 1208 6 1211 6 1215 6 1218 6 1220 6 1224 7 1541 7 1546 7 1566 7 1623 7 1647 7 1651 7 1654 VOL. Exhibit 115 Exhibit 116 Exhibit 117 Exhibit 118 Exhibit 119 Exhibit 120 Exhibit 121 Exhibit 122 Exhibit 123 Exhibit 124 Exhibit 125 Recorded Assignment of Copyright from The Hill Foundation, Inc., to Clayton F. Summy Co., dated October 16, 1944 (WC0000838-45) (legible copy) Declaration of David K. Sengstack, dated January 20, 1981, recorded in the Copyright Office on February 2, 1981 (WC0001998-2075) Exhibit 116 A Exhibit 116 B Confidential Minutes of a September 29, 1931, Meeting of the Board of Directors of C.F.S. Musical Co. (WC WC0002091-93) [provisionally lodged under seal] Confidential Stock Certificate for Birch Tree Group Ltd. And Stock Power (WC0002094-97) [provisionally lodged under seal] Excerpt of October 1988 “Confidential Information Memorandum” regarding Birch Tree Group Ltd. (WC0001137, WC0001142-43) Plaintiffs’ Complaint, filed on June 20, 2013 (Dkt. 9) Plaintiffs’ Consolidated First Amended Complaint, filed on July 26, 2013 (Dkt. 29) Plaintiffs’ Second Amended Consolidated Complaint, filed on September 4, 2013 (Dkt. 59) Plaintiffs’ Third Amended Consolidated Complaint, filed on November 5, 2013 (Dkt. 72) Joint Report on Parties’ Planning Meeting, filed February 10, 2014 (Dkt. No. 89) Letter from United States Copyright Office to Lisa Minnerly (Warner/Chappell Music, Inc.), dated December 9, 2013 (WC0002098) - 12 - PAGES 7 1662 7 7 8 1671 1718 1751 8 1755 8 1760 8 8 1764 1799 8 1834 8 1875 8 1917 8 1936 VOL. Exhibit 126 Agreement between The Hill Foundation, Inc., and Clayton F. Summy Co., dated October 16, 1944 (WC0000963-973) PAGES 8 1938 Respectfully Submitted, Dated: November 25, 2014 WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP By: /s/Betsy C. Manifold BETSY C. MANIFOLD FRANCIS M. GREGOREK gregorek@whafh.com BETSY C. MANIFOLD manifold@whafh.com RACHELE R. RICKERT rickert@whafh.com MARISA C. LIVESAY livesay@whafh.com 750 B Street, Suite 2770 San Diego, CA 92101 Telephone: 619/239-4599 Facsimile: 619/234-4599 WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP MARK C. RIFKIN (pro hac vice) rifkin@whafh.com JANINE POLLACK (pro hac vice) pollack@whafh.com BETH A. LANDES (pro hac vice) landes@whafh.com 270 Madison Avenue New York, NY 10016 Telephone: 212/545-4600 Facsimile: 212-545-4753 Interim Lead Counsel for Plaintiffs - 13 - RANDALL S. NEWMAN PC RANDALL S. NEWMAN (190547) rsn@randallnewman.net 37 Wall Street, Penthouse D New York, NY 10005 Telephone: 212/797-3737 HUNT ORTMANN PALFFY NIEVES DARLING & MAH, INC. ALISON C. GIBBS (257526) gibbs@huntortmann.com OMEL A. NIEVES (134444) nieves@huntortmann.com KATHLYNN E. SMITH (234541) smith@ huntortmann.com 301 North Lake Avenue, 7th Floor Pasadena, CA 91101 Telephone 626/440-5200 Facsimile 626/796-0107 Facsimile: 212/797-3172 DONAHUE FITZGERALD LLP WILLIAM R. HILL (114954) rock@donahue.com ANDREW S. MACKAY (197074) andrew@donahue.com DANIEL J. SCHACHT (259717) daniel@donahue.com 1999 Harrison Street, 25th Floor Oakland, CA 94612-3520 Telephone: 510/451-0544 Facsimile: 510/832-1486 - 14 - GLANCY BINKOW & GOLDBERG LLP LIONEL Z. GLANCY (134180) lglancy@glancylaw.com MARC L. GODINO (188669) mgodino@glancylaw.com 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Telephone: 310/201-9150 Facsimile: 310/201-9160 Attorneys for Plaintiffs MUNGER TOLLES & OLSON LLP Dated: November 25, 2014 By: /s/Kelly M. Klaus KELLY M. KLAUS KELLY M. KLAUS (161091) kelly.klaus@mto.com ADAM I. KAPLAN (268182) adam.kaplan@mto.com 560 Mission St., 27th Floor San Francisco, CA 94105 Telephone: 415/512-4000 MUNGER TOLLES & OLSON LLP GLENN D. POMERANTZ (112503) glenn.pomerantz@mto.com MELINDA E. LEMOINE melinda.lemoine@mto.com 355 South Grand Ave., 35th Floor Los Angeles, CA 90071 Telephone: 213/683-9100 Attorneys for Defendants - 15 - DECLARATION REGARDING CONCURRENCE I, Betsy C. Manifold, am the ECF User whose identification and password are being used to file this [REDACTED] JOINT EVIDENTIARY APPENDIX IN SUPPORT OF NOTICE OF MOTION AND CROSS-MOTION AND MOTION AND CROSS-MOTION FOR SUMMARY JUDGMENT (VOLUMES 1 THROUGH 8). In compliance with Civil Local Rule 5-4.3.4(a)(2), I hereby attest that Kelly M. Klaus has concurred in this filing. Executed this 25th day of November 2014, in the City of San Diego, State of California. By: WARNER/CHAPPELL:21336v5.JA.TC - 16 - /s/Betsy C. Manifold BETSY C. MANIFOLD

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