Rupa Marya v. Warner Chappell Music Inc

Filing 177

[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 7 OF 8 filed by Plaintiffs Good Morning to You Productions Corp, Majar Productions LLC, Rupa Marya, Robert Siegel. (Attachments: #1 Appendix VOLUME 7 OF 8)(Manifold, Betsy)

BETSY C. MANIFOLD (182450)
1 [e-mail]
WOLF HALDENSTEIN ADLER
2
FREEMAN & HERZ LLP
750 B Street, Suite 2770
3 San Diego, CA 92101
619/239-4599
4 Telephone: [phone]
Facsimile:
5

Interim Lead Counsel for Plaintiffs and the
6 [Proposed] Class
7 GLENN D. POMERANTZ (State Bar No. 112503)
[e-mail]
8 KELLY M. KLAUS (State Bar No. 161091)
[e-mail]
9 MELINDA E. LeMOINE (State Bar No. 235670)
[e-mail]
10 ADAM I. KAPLAN (State Bar No. 268182)
[e-mail]
11 MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue
12 Thirty-Fifth Floor
Los Angeles, California 90071-1560
13 Telephone: [phone]
Facsimile: [phone]
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)

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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)

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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)

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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)

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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]

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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

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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)

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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)

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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
[e-mail]
BETSY C. MANIFOLD
[e-mail]
RACHELE R. RICKERT
[e-mail]
MARISA C. LIVESAY
[e-mail]
750 B Street, Suite 2770
San Diego, CA 92101
Telephone: [phone]
Facsimile: 619/234-4599
WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
MARK C. RIFKIN (pro hac vice)
[e-mail]
JANINE POLLACK (pro hac vice)
[e-mail]
BETH A. LANDES (pro hac vice)
[e-mail]
270 Madison Avenue
New York, NY 10016
Telephone: [phone]
Facsimile: 212-545-4753
Interim Lead Counsel for Plaintiffs

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RANDALL S. NEWMAN PC
RANDALL S. NEWMAN (190547)
[e-mail]
37 Wall Street, Penthouse D
New York, NY 10005
Telephone: [phone]
HUNT ORTMANN PALFFY
NIEVES DARLING & MAH, INC.
ALISON C. GIBBS (257526)
[e-mail]
OMEL A. NIEVES (134444)
[e-mail]
KATHLYNN E. SMITH (234541)
smith@ huntortmann.com
301 North Lake Avenue, 7th Floor
Pasadena, CA 91101
Telephone [phone]
Facsimile 626/796-0107
Facsimile: 212/797-3172
DONAHUE FITZGERALD LLP
WILLIAM R. HILL (114954)
[e-mail]
ANDREW S. MACKAY (197074)
[e-mail]
DANIEL J. SCHACHT (259717)
[e-mail]
1999 Harrison Street, 25th Floor
Oakland, CA 94612-3520
Telephone: [phone]
Facsimile: 510/832-1486

- 14 -

GLANCY BINKOW & GOLDBERG
LLP
LIONEL Z. GLANCY (134180)
[e-mail]
MARC L. GODINO (188669)
[e-mail]
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: [phone]
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)
[e-mail]
ADAM I. KAPLAN (268182)
[e-mail]
560 Mission St., 27th Floor
San Francisco, CA 94105
Telephone: [phone]
MUNGER TOLLES & OLSON LLP
GLENN D. POMERANTZ (112503)
[e-mail]
MELINDA E. LEMOINE
[e-mail]
355 South Grand Ave., 35th Floor
Los Angeles, CA 90071
Telephone: [phone]
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