Rupa Marya v. Warner Chappell Music Inc

Filing 190

AMENDED JOINT EVIDENTIARY APPENDIX IN SUPPORT OF NOTICE OF CROSS-MOTIONS AND CROSS-MOTIONS FOR SUMMARY JUDGMENT FILED PURSUANT TO COURTS DEC. 5, 2014 ORDER [Dkt. 185] (VOLUME 4, EXS. 55-81, PAGES 707-947) re Cross MOTION for Summary Judgment as to Declaratory Judgment 179 filed by Plaintiffs Good Morning to You Productions Corp, Majar Productions LLC, Rupa Marya, Robert Siegel. (Attachments: # 1 Appendix (Volume 4, Exs. 55-64), # 2 Appendix (Volume 4, Exs. 64-77), # 3 Appendix (Volume 4, Exs. 77-81))(Manifold, Betsy)

EXHIBIT 55

Ex. 55
707

Ex. 55
708

Ex. 55
709

Ex. 55
710

Ex. 55
711

Ex. 55
712

Ex. 55
713

Ex. 55
714

Ex. 55
715

Ex. 55
716

Ex. 55
717

Ex. 55
718

EXHIBIT 56

Ex. 56
719

Ex. 56
720

Ex. 56
721

Ex. 56
722

Ex. 56
723

Ex. 56
724

Ex. 56
725

Ex. 56
726

Ex. 56
727

Ex. 56
728

Ex. 56
729

Ex. 56
730

EXHIBIT 57

Ex. 57
731

Ex. 57
732

Ex. 57
733

Ex. 57
734

Ex. 57
735

Ex. 57
736

Ex. 57
737

Ex. 57
738

Ex. 57
739

Ex. 57
740

EXHIBIT 58

Ex. 58
741

Ex. 58
742
P004319

EXHIBIT 59

Ex. 59
743

Ex. 59
744

Ex. 59
745

Ex. 59
746

Ex. 59
747

Ex. 59
748

EXHIBIT 60

Ex. 60
749

Ex. 60
750

Ex. 60
751

Ex. 60
752

Ex. 60
753

Ex. 60
754

Ex. 60
755

EXHIBIT 61 [ORIGINAL EXHIBIT MANUALLY LODGED
& FILED PURSUANT TO L.R. 11-5.4]

[Copy of Original Exhibit Attached]

756

757

758

EXHIBIT 62

Ex. 62
759

Ex. 62
760

Ex. 62
761

Ex. 62
762

EXHIBIT 63

Ex. 63
763

Ex. 63
764

Ex. 63
765

EXHIBIT 64

Ex. 64
766

In The Matter Of:
GOOD MORNING TO YOU PRODUCTIONS CORP.

v.
WARNER/CHAPPELL MUSIC, INC.

SACHS, Ph.D., JOEL - Vol. 1
September 9, 2014

MERRILL CORPORATION
LegaLink, Inc.

20750 Ventura Boulevard
Suite 205
Woodland Hills, CA 91364

Phone: [phone]
Fax: [phone]

Ex. 64
767

JOEL SACHS, Ph.D. - 9/9/2014
Page 1
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
-----------------------------------x

GOOD MORNING TO YOU PRODUCTIONS
CORP.; et al.,

-againstWARNER/CHAPPELL MUSIC,
et al.,

Plaintiffs,
Lead Case No.
CV 13-04460-GHK
INC.,
Defendants.

-----------------------------------x

September 9, 2014
9:32 a.m.

Videotaped Deposition of JOEL SACHS, Ph.D.
taken by Defendants, pursuant to Notice, at the
offices of Paul, Weiss, Rifkind, Wharton &
Garrison, 1285 Avenue of the Americas, New
York, New York, before William Visconti, a
Shorthand Reporter and Notary Public within and
for the State of New York.

Merrill Corporation
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Ex. 64
768

JOEL SACHS, Ph.D. - 9/9/2014
Page 2
1
2
3
4

A P PEA RAN C E S:
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
Attorneys for Plaintiff
270 Madison Avenue
New York, NY 10016
BY:

MARK C. RIFKIN, ESQ.
[e-mail]

5

6

7

MUNGER, TOLLES & OLSON LLP
Attorneys for Defendants
560 Mission Street
San Francisco, California 94105-2907

8

BY:

9
10

MELINDA LE MOINE, ESQ.
[e-mail]
ADAM I. KAPLAN, ESQ.
[e-mail]

11
12
13
14

ALSO PRESENT:
WILLIAM PACE, VIDEOGRAPHER

15
16
17
18
19
20
21
22

23
24
25

Merrill Corporation
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Ex. 64
769

JOEL SACHS, Ph.D. - 9/9/2014
Page 3
E X H I BIT S

1
2

DESCRIPTION

3

(Sachs Exhibit 45 for

4

identification, Deposition Notice

5

for Professor Sachs.)

6

(Sachs Exhibit 46 for

7

identification, letter from

8

Mr. Rifkin to Professor Sachs.)

9

(Sachs Exhibit 47 for

PAGE

10

(Sachs Exhibit 48 for

13

identification, CV of Professor

14

Sachs dated November, 2012.)

15

(Sachs Exhibit 49 for

16

identification, Binder.)

17

(Sachs Exhibit 50 for

18

identification, document.)

19

(Sachs Exhibit 51 for

20

identification, document.)

21

(Sachs Exhibit 52 for

22

identification, document reflecting

23

Irving Berlin's Pretty Girl Is Like

24

45

Professor Sachs.)

12

43

identification, Expert report of

11

14

A Melody.)

45

74

110

140

142

25

Merrill Corporation
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Ex. 64
770

JOEL SACHS, Ph.D. - 9/9/2014
Page 4
E X H I BIT S

1

2
3

(Sachs Exhibit 53 for

4

identification, document.)

5

(Sachs Exhibit 54 for

6

identification, document.)

7

(Sachs Exhibit 55 for

8

identification, document.)

9

(Sachs Exhibit 56 for

PAGE

DESCRIPTION

10

(Sachs Exhibit 57 for

12

226

267

272

identification, document.)

11

144

identification, document.)

275

13
14
15
16
17
18

19
20
21
22
23

24
25

Merrill Corporation
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Ex. 64
771

JOEL SACHS,

Ph.D. - 9/9/2014
Page 5

IT IS HEREBY STIPULATED AND AGREED

1

2

by and between the attorneys for the

3

respective parties herein that filing and

4

sealing be and the same are hereby waived.

5

IT IS FURTHER STIPULATED AND AGREED

6

that all objections, except as to the form

7

of the question,

8

time of the trial.

shall be reserved to the

IT IS FURTHER STIPULATED AND AGREED

9
10

that the within deposition may be signed

11

and sworn to before any officer authorized

12

to administer an oath with the same force and

13

effect as if signed and sworn to before the

14

Court.

15
16
17
18
19
20
21
22
23
24
25

Merrill Corporation
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Ex. 64
772

JOEL SACHS, Ph.D. - 9/9/2014
Page 6
THE VIDEOGRAPHER:

1

This is the

09:32:34

2

video operator speaking, William Pace, for

09:32:38

3

Merrill Court Reporting of Los Angeles.

09:32:42

4

is September 9th, 2014 and the time is 9:32

09:32:47

5

a.m.

09:32:51

6

Rifkind, Wharton & Garrison LLP, 1285 Avenue Of

09:32:52

7

The Americas, New York, New York to take the

09:32:57

8

video deposition of Joel Sachs in the matter of

09:32:59

9

Good Morning To You Productions, et al., versus

09:33:02

10

Warner/Chappell Music Inc. et al.

09:33:04

11

United States District Court, Central District

09:33:07

12

of California Western Division.

09:33:10

13

1304460.

Today

We are at the offices of Paul, Weiss,

In the

Case number CV

09:33:13

14

Will counsel please identify

09:33:14

15

yourselves and state whom you represent.

09:33:17

16

MS. LE MOINE:

Melinda LeMoine and

09:33:19

17

Adam Kaplan on behalf of Warner/Chappell from

09:33:20

18

Munger, Tolles & Olson.

09:33:23

19

MR. RIFKIN:

Marc Rifkin, Wolf

20

Haldenstein on behalf of the Plaintiffs.

21

THE VIDEOGRAPHER:

The court

09:33:25
09:33:26
09:33:28

22

reporter today is Bill Visconti for Merrill

09:33:30

23

Court Reporting of Los Angeles, and you may

09:33:32

24

swear in the witness.

25

Merrill Corporation
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Ex. 64
773

JOEL SACHS,

Ph.D. - 9/9/2014
Page 80

We see evidence and we try to

1

2

decide what it means.

3

things but sometimes it seems so clear what it

11:02:23

4

means that you sort of accept it.

11:02:26

5

don't have the absolute proof of it.

6

not alive in 1901 so we don't immediately know

11:02:32

7

that someone sang Happy Birthday.

11:02:35

8

certainly suggests very strongly that they did.

9

Q.

It could mean various

11: 02: 17

You know you
We are

But this

So the absence of the additional

11: 02: 2 0

11:02:30

11:02:37
11:02:41

10

lyrics suggests to you that the lyrics were

11:02:42

11

well known?

11:02:44

12

A.

That people knew the words.

11:02:55

13

Q.

You didn't survey materials other

11:02:57

14

than what Mr. Rifkin provided you to confirm

11:02:58

15

that belief?

11:03:01

16

A.

Frankly it probably would have taken

11:03:05

17

me a couple of years to locate the materials if

11:03:07

18

they even exist.

11:03:09

19
20

Q.

This could be unique.

That is not my question.

My

question is you did not?

11:03:10
11: 03: 12

21

A.

22

could do that.

11:03:19

23

Q.

11:03:24

I did not.

I did not feel that I

Do you know whether Clayton F.

24

Summy authorized the publication of Good

25

11:03:12

Morning To You lyrics in the Inland Educator

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Ex. 64
774

JOEL SACHS,

Ph.D. - 9/9/2014
Page 81
11:03:28

1

Journal here?

2

A.

I have no idea.

11:03:30

3

Q.

Do you have any idea whether

11:03:33

4

Clayton F. Summy knew that the lyrics were

11:03:34

5

reprinted in this book?

11:03:36

7

10

There is no evidence

based on what I have.

11:03:37
11:03:39

How about the Hill sisters, do you

Q.

8

9

I don't know.

A.

6

11:03:43

have any evidence that they knew this was

11:03:45

printed in the Inland Educator Journal?

11:03:47

11

There is no evidence.

A.

Since they

11:03:51

12

were both educators and apparently very dedicated

11:03:54

13

educators,

11:03:54

14

that they read this journal.

15
16

Q.

I think there is a reasonable possibility

But you don't have any evidence of

11:03:56
11:03:56
11:03:57

that?

17

A.

I don't have any evidence of that.

11:04:01

18

Q.

Do you have any evidence that they

11:04:04

19

authorized the reprinting of the lyrics in this

11:04:04

20

journal?

11:04:05

21

A.

Neither that they did or they

22

didn't.

But if they authorized the reprint of

23

the Good Morning To You, why would they not

24

have wanted them also to print Happy Birthday

25

11:04:09

To You to be sure that people knew those words.

Merrill Corporation
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11:04:10
11:04:14

Ex. 64
775

JOEL SACHS, Ph.D. - 9/9/2014
Page 82
1

That was the question that I asked myself.

2
3

Q.

You don't know whether they

authorized

11:04:20
11:04:20
11:04:21

4

A.

I don't, no.

11:04:23

5

Q.

Do you have a opinion either way as

11:04:25

6

to whether they authorized this printing of

11:04:26

7

Good Morning To You in this journal?

11:04:28

A.

8

9

I don't.

There is no way to form

an opinion based on what is here.

11:04:41
11:04:42

10

Q.

Look at paragraph 18.

11:04:43

11

A.

18 did you say?

11: 04: 52

12

Q.

Yes,

11:04:54

sir.

Paragraph 18 some of

13

these questions are going to be the same but I

11:04:56

14

want to make sure that your testimony is the

11:04:56

15

same.

11:04:56

16

A.

Right.

11:04:59

17

Q.

This is with regard to material

11: 05: 02

18

called "Tell Me A True Story Tales Of Bible

11:05:04

19

Heros For The Children Of To-day" which

11:05:10

20

includes a birthday service.

11:05:14

21

here and that is at tab C; correct?

Again, we have

11:05:14

22

A.

That's right.

11:05:16

23

Q.

If we look at tab C?

11:05:18

24

A.

Page 250.

25

Q.

Page 250 the last line says "Sing

Merrill Corporation
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Ex. 64
776

JOEL SACHS,

Ph.D. - 9/9/2014
Page 89

1

2

Q.

I said C.

I'm still at Tell Me A

True Story.

11:11:32
11: 11: 32

3

A.

Okay.

11:11:36

4

Q.

Do you have any knowledge of

11:11:39

5

whether the Clayton F. Summy Corporation

11:11:46

6

authorized the reprinting of Good-Bye To You?

11:11:47

7

A.

There is no evidence in this.

11:11:48

8

Q.

Do you have any evidence that the

11:11:51

9

10

Hill sisters authorized the reprinting of

11:11:53

Good-Bye To You?

11:11:54

11

A.

There is no evidence.

11:11:58

12

Q.

How about whether they knew that it

11:11:59

13

was reprinted in this book?

11:12:00

14

A.

There is no evidence.

11: 12: 02

15

Q.

That is true for both the Hill

11: 12: 04

16
17

sisters and the Summy Corporation; correct?
A.

Based on what we have in front of

11:12:19

18

us there is no evidence of any of that.

19

sorry to just continue that.

20

probability exists that as admired apparently

11:12:32

21

and busy educators that this is the kind of

11:12:36

22

volume that they probably would have seen and

11:12:40

23

they might have gotten very angry.

11:12:42

24

possible that they did authorize it.

25

Q.

However,

11:12:06

I think the same

So it is

11:12:25
11:12:29

Do you have any basis for that

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Ex. 64
777

JOEL SACHS, Ph.D. - 9/9/2014
Page 90
1

11:12:47

statement?
it is just the inference

11:12:50

3

that it seems to be intended for teachers and

11:12:54

4

they were teachers and lots of teachers who are

11:12:57

5

very diligent would keep up on the journals

11:12:59

6

about teaching and try to be abreast of what is

11:13:01

7

going on.

8

saw it.

2

A.

Q.

9

10

No.

No,

So I think it is possible that they

11:13:01
11:13:03

Do you have any evidence that they

11:13:03
11:13:04

saw it?

11

A.

No.

11:13:07

12

Q.

Are you opining today that they did

11:13:07

13

11:13:09

see it?

14

A.

I'm opining that they may have seen

I would not say they did see it because I

11:13:12
11:13:13

15

it.

16

don't know.

17

It is the kind of thing that might have crossed

11:13:19

18

their vision.

11:13:21

19

Q.

I think they might have seen it.

11:13:16

What are you relying on for that

11:13:22

20

statement other than the fact that they were

11:13:23

21

teachers?

11:13:24

22
23
24
25

A.

That is all and that this is

intended for teachers.
Q.

11:13:26
11:13:29

Did you read any biographies of the

Hill sisters in preparation of your report?

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Ex. 64
778

JOEL SACHS, Ph.D. - 9/9/2014
Page 91
1

A.

No,

I haven't.

2

Q.

Have you done any study of what the

11:13:38
11:13:40

3

Hill sisters did or how they prepared or what

11:13:41

4

kind of things they read at all?

11:13:43

5
6

A.

No,

I only know the fact that they

were educators that had a very good reputation.

11:13:46
11:13:47

7

Q.

How do you know that?

11:13:51

8

A.

Marc probably informed me of that

11:13:54

9

11:13:57

and it seemed like a reasonable supposition

11:13:58

10

since he seemed to have done his research.

11

could have duplicated the research, but I think

11:14:00

12

the main point was that I knew they were

11:14:02

13

educators and that was the market.

11:14:04

14

Q.

I

The only fact that you're relying

11:14:06

15

on to conclude that they may have seen this is

11:14:06

16

something that you learned from Mr. Rifkin; is

11:14:11

17

that correct?

11:14:12

18

A.

The only thing that led me to this

11:14:15

19

conclusion is that I knew they were educators.

11:14:17

20

That I did know.

11:14:20

21

didn't see any elaborate biography and didn't

11:14:22

22

after that.

11:14:27

23

composer and a writer pair who were educators.

I looked them up.

But I

I just needed to know they were

24

And since I know many educators who

25

11:14:30

routinely read all the journals, it seems to me

Merrill Corporation
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Ex. 64
779

JOEL SACHS,

Ph.D. -

9/9/2014
Page 92

1

2

possible that they did the same.
Q.

Because you know today that

11:14:37
11:14:40

3

educators read journals you're concluding that

11:14:42

4

it is possible that the Hill sisters read this

11:14:44

5

journal in the early 20th century?

11:14:46

6
7

A.

No,

I know that educators in the

late 19th early 20th century also read journals.

11:14:52
11:14:52

8

Q.

How do you know that?

11:14:55

9

A.

From my research into Henry Cowell

11:14:56

10
11
12

and his mother.
Q.

But again,

11:14:57

just to be clear, you

don't have any evidence, this is speculation?

11:14:59
11:15:07

13

A.

This is purely speculation.

11:15:19

14

Q.

Go to paragraph 19 which refers to

11:15:33

15

Exhibit D or tab D of Exhibit 47, correct?

11:15:36

16

This is an excerpt from something called

11:15:38

17

Program For Beginners' Department?

11:15:38

18

A.

Yes.

11:15:41

19

Q.

This does include the lyrics to

11:15:42

20

Happy Birthday as we understand them.

11:15:43

21

A.

That's right.

11:15:45

22

Q.

And you say that that leads you to

11:15:51

23

conclude that the words were widely known at

24

that time,

25

A.

11:15:51

correct?
It leads me to conclude that they

Merrill Corporation
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Ex. 64
780

JOEL SACHS,

Ph.D. -

9/9/2014
Page 105

1

and the Clayton F. Summy Company since, as Marc

11:28:59

2

pointed out, we don't actually know whether the

11:29:01

3

words to Happy Birthday To You were included in

11:29:03

4

the volume that referred to Song Stories For

11:29:06

5

The Sunday School.

11:29:07

We simply don't know that;

11:29:10

But something in the text of this

6

11:29:13

7

program for the Beginner's Department I

8

clearly provoked the publisher of it to make

11:29:16

9

contact with Summy because Summy is referred to

11:29:17

here.

11:29:18

10
11

12
13

Q.

think

Song Stories For The Sunday School

11:29:20
11:29:21

is referred to here in note 2?
A.

Song Stories For The Sunday School

14

and Clayton F. Summy is given as the publisher.

15

11:29:25

No,

it isn't

actually.

11:29:26
11:29:27

16

Q.

It isn't?

17

A.

It isn't,

18

Q.

So let's try again.

11:29:27

yes.

11:29:30

Do you have

11:29:33

19

any evidence -- let's start very generally.

11:29:37

20

You pointed me to the note and I want to start -- I'm

11:29:39

21

taking it from the top, very general.

11:29:39

22

A.

Okay.

11:29:41

23

Q.

Are you aware of any evidence that

11:29:43

24

the Clayton F. Summy Co. authorized the

25

printing of the lyrics to Happy Birthday To You

Merrill Corporation
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Ex. 64
781

JOEL SACHS, Ph.D. - 9/9/2014
Page 106
1

in Program For Beginners' Department?

11:29:48

2

A.

No.

11:29:50

3

Q.

Are you aware of any evidence that

11:29:55

4

the Hill sisters authorized printing of Happy

11:29:57

5

Birthday To You in Program For Beginners'

11:29:57

6

Department?

11:29:57

7

A.

No.

11:29:59

8

Q.

Are you aware of any evidence that

11:30:03

they are even aware of the printing of Happy

11:30:05

10

Birthday To You in this volume, either the Hill

11:30:07

11

sisters or the Clayton F. Summy Co.?

11:30:08

9

12

A.

There is no direct evidence of

11:30:08

13

that. To that I might add, however,

that the

11:30:17

14

confusion in my mind about Song Stories came

11:30:21

15

from Exhibit A which is Song Stories For The

11:30:22

16

Kindergarten Published by Clayton F. Summy

11:30:24

17

Corporation which strikes me as probably

11:30:32

18

related to Song Stories For The Sunday School

11:30:35

19

because the title is the same.

11:30:37

20

So it strongly suggests that it is

11:30:40

21

Clayton F. Summy Company who is referred to in

11:30:43

22

footnote 2.

11:30:46

23

Birthday is in the collection Song Stories.

24
25

Q.

But it does not imply that Happy

Nor does it imply, does it,

11:30:49

that

Clayton F. Summy Co. authorized the printing of

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Happy Birthday To You in this volume; is that

11:30:54

2

right?

11:30:56

A.

3

No, it does imply that Clayton F.

11:30:59

4

Summy may have authorized the publication of

11:31:01

5

something in this volume, but it doesn't refer

11:31:02

6

specifically to Happy Birthday To You.

11:31:04

Q.

7

So just to be totally clear, you're

11:31:08

8

not offering any opinion that this is an authorized

11:31:11

9

publication of Happy Birthday To You by Clayton

11:31:14

F. Summy Co. or by the Hill sisters; correct?

11:31:27

10
11

A.

Not on the basis of any evidence.

11:31:29

12

Q.

Let's talk about paragraph 20.

11:31:33

In

13

paragraph 20 and it is referring to tab E,

11:31:38

14

Exhibit E.

11:31:45

15

entitled "The 101 Best Songs For Home School

11:31:50

16

And Meeting."

11:31:59

17

no copyright date, correct?

18

this was published, tab E?

A.

19

We are discussing a song book

And you note that this print has

Well,

I don't.

Do you know when

11: 32: 02
11:32:05

This was the first

11:32:08

20

of the compositions to provoke me to write

11: 32: 11

21

Nicholas Bell about the backwards based clef on

11:32:14

22

page 23.

Because that struck me as a very old

11: 32: 17

23

form of musical notation that one almost never

11:32:21

24

sees.

25

in the Julliard Library that was published in

And it happened that there was one song

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experience.

2

because you don't want to draw conclusions

11:48:59

3

based on experience that might not prove to be

11:49:00

4

valid.

11:49:02

5

Q.

You have to be careful about it

11:48:57

1

What I'm trying to define is what

11:49:04

6

is it about your experience that you're relying

11:49:06

7

on when you make some of these inferences?

11:49:07

8

A.

Exactly,

in this case it is from

11:49:10

looking at a lot of music that's comes out in

11:49:13

10

multiple editions and having some sense of the

11:49:15

11

time span they covered and therefore some sense

11:49:19

12

of perhaps a publisher's instinct about when it

11:49:21

13

is time to do a new edition.

11:49:27

9

You haven't done

11:49:30

15

any actual study of how frequent editions were

11:49:32

16

issued of music collections in the early 20th

11:49:33

17

century in America?

11:49:39

14

Q.

Just to clarify.

18

A.

That's correct.

11:49:46

19

Q.

In tab E this Good Morning To You

11:49:51

20

printing referred to as number 23 it says under

11:49:54

21

that Good-Bye To You, Happy Birthday To You, my

11:49:56

22

questions are going to be similar to those that

11:49:58

23

we already covered.

11:50:00

24
25

Do you have any evidence that the
Clayton F. Summy Co. was aware of this edition

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11:50:08

of the printing of Good Morning To You?

2

A.

There is no evidence of that.

11:50:13

3

Q.

How about the Hill sisters, do you

11:50:15

4

have any evidence that they knew about this

11:50:17

5

version of Good Morning To You and Happy

11:50:17

6

Birthday To You?

11:50:19

A.

7

There is no evidence of that.

And

11:50:23

8

if I may add there is no evidence that they

11:50:23

9

wrote the thing.

11:50:24

10
11

Q.

A.

11:50:25
11:50:28

wrote what?

12
13

There is no evidence that they

Good Morning To You.

Number 23 in

11:50:29
11:50:38

that publication.

14

Q.

What about tab A?

11:50:40

15

A.

That is the one that we talked

11:50:44

16

about before.

17

composing and arranging and Patty Hill with

11:50:49

18

writing and adapting.

11:50:53

19

only of Good Morning To You which we know is by

11:50:54

20

them.

11:50:56

21

Q.

Where it credits Mildred J. Hill

And that is a publication

Why would you say the song Good

11:50:46

11:50:57

22

Morning To You there is no evidence that they

11:50:58

23

wrote the thing?

11:51:01

MR. RIFKIN:

24
25

A.

He said in tab E.

In tab E there is no evidence that

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song there that only occupied two staves, but

11:53:30

2

he didn't or she didn't do that.

11: 53: 32

Again, it implied to me that people

3

11:53:36

4

knew what the words of Happy Birthday were,

11:53:38

5

they didn't have to be printed.

11:53:43

6

one might say the reasons why Good Morning To

11:53:45

7

You is printed is because that was copyrighted,

11:53:46

8

we know that.

11:53:48

9

Q.

And perhaps

You said you don't have any

11:53:52

10

evidence that this is authorized or they knew

11:53:52

11

about it?

11:53:55

12

A.

No, but the implication is whoever

11:53:59

13

put this together felt that there was no need

14

to put the words of Happy Birthday in there.

I

11:54:04

15

think one can go on to say that since the words

11:54:09

16

of Good Morning To You are in there, Good

11:54:10

17

Morning To All along with the music, whether

11:54:14

18

this is a pirated edition, whoever put it

11:54:16

19

together seems to have respected the

11:54:19

20

association of those two which were

11:54:22

21

copyrighted.

11:54:22

22

association in mind between the Happy Birthday

11:54:25

23

words and anything else, but that so many

11:54:27

24

people knew them that there was no point in

25

fiddling around with the layout of this page in

11:54:01

And it may be that there was no

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