Rupa Marya v. Warner Chappell Music Inc

Filing 223

NOTICE OF MOTION AND MOTION to DEFENDANTS MOTION FOR LEAVE TO FILE SUPPLEMENTAL EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT filed by Defendants Summy-Birchard Inc, Warner Chappell Music Inc. Motion set for hearing on 8/31/2015 at 09:30 AM before Judge George H. King. (Attachments: # 1 Declaration KLAUS DECLARATION ISO DEFENDANTS MOTION FOR LEAVE TO FILE SUPPLEMENTAL EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, # 2 Exhibit EXHIBIT A TO KLAUS DECLARATION ISO DEFENDANTS MOTION FOR LEAVE TO FILE SUPPLEMENTAL EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, # 3 Exhibit EXHIBIT B TO KLAUS DECLARATION ISO DEFENDANTS MOTION FOR LEAVE TO FILE SUPPLEMENTAL EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, # 4 Exhibit EXHIBIT C TO KLAUS DECLARATION ISO DEFENDANTS MOTION FOR LEAVE TO FILE SUPPLEMENTAL EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, # 5 Exhibit EXHIBIT D TO KLAUS DECLARATION ISO DEFENDANTS MOTION FOR LEAVE TO FILE SUPPLEMENTAL EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, # 6 Proposed Order PROPOSED ORDER GRANTING DEFENDANTS MOTION FOR LEAVE TO FILE SUPPLEMENTAL EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT) (Klaus, Kelly)

Exhibit C

Ex. C
15

July 9, 2015

Writer’s Direct Contact
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VIA EMAIL ([e-mail], [e-mail])
Betsy Manifold
Mark Rifkin
Wolf Haldenstein Adler Freeman & Herz LLP
Re:

Happy Birthday Litigation

Dear Counsel:
In the wake of the summary judgment hearing, Warner/Chappell re-reviewed its files and
also went to other, third-party sources in order to look for any additional documents that may
shed light on the issues in the case. Warner/Chappell is supplementing its production with the
following documents, which will be made available to you concurrently via a secure FTP site:
1) Documents from the British Library, including a notarized copy of the British
Library’s 1935 deposit copy of Happy Birthday to You! Warner/Chappell
attempted to obtain the deposit copy from the British Library in 2013. However,
at that time, the Library said it could not locate the Happy Birthday to You!
deposit copy. Warner/Chappell made a follow-up request in light of the
discussion at the summary judgment hearing, and this time the British Library
was able to locate its copy of the deposit copy. The pages here are Bates stamped
WC0002099-WC0002161.

Ex. C
16

Betsy Manifold
Mark Rifkin
July 9, 2015
Page 2
2) Documents that Warner/Chappell recently obtained from the Filson Historical
Society, in Louisville Kentucky. The pages here are Bates stamped WC0002162WC0002172.
3) Documents that Warner/Chappell recently obtained from the files of Sony/ATV
Music Publishing (UK), which has the rights to publish Happy Birthday to You! in
the United Kingdom. The pages here are Bates stamped WC0002173WC0002326.
4) Documents in Warner/Chappell’s possession that mistakenly were not produced
earlier. The pages here are Bates stamped WC0002327-WC0002527.
We identified some additional privileged documents within categories 3 and 4 above
(privileged documents in Sony/ATV’s possession being protected by the common interest
doctrine). We will supplement our privilege log shortly.
The deposit copy that Warner/Chappell has obtained from the British Library obviously
is highly relevant to the issue of the deposit copy for the E51990 copyright in the United States.
We intend to seek the Court’s leave to supplement the summary judgment record to include this
document and the related documents from the British Library. If you believe that other of the
documents included with this production should supplement the summary judgment record,
please let us know, and we will work with you to put together expeditiously a joint filing.
Very truly yours,
Adam Kaplan
Adam I. Kaplan

Ex. C
17