Rupa Marya v. Warner Chappell Music Inc

Filing 238

DECLARATION of Adam Kaplan In Support of Defendants' Reply Memorandum In Support Of Motion For Leave To File Supplemental Evidence In Support Of Motion For Summary Judgment NOTICE OF MOTION AND MOTION to DEFENDANTS MOTION FOR LEAVE TO FILE SUPPLEMENTAL EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 223 filed by Defendants Summy-Birchard Inc, Warner Chappell Music Inc. (Attachments: # 1 Exhibit A To Declaration Of Adam Kaplan ISO Defendants' Reply Memorandum In Support Of Motion For Leave To File Supplemental Evidence In Support Of Motion For Summary Judgment, # 2 Exhibit B To Declaration Of Adam Kaplan ISO Defendants' Reply Memorandum In Support Of Motion For Leave To File Supplemental Evidence In Support Of Motion For Summary Judgment, # 3 Exhibit C To Declaration Of Adam Kaplan ISO Defendants' Reply Memorandum In Support Of Motion For Leave To File Supplemental Evidence In Support Of Motion For Summary Judgment)(Kaplan, Adam)

Exhibit A

Ex. A

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CONFIDENTIAL
Page 1
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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

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GOOD MORNING TO YOU PRODUCTIONS CORP.,

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et al.,

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Plaintiffs,
vs.

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WARNER/CHAPPELL MUSIC INC., et al.,

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Defendants.

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------------------------------------------X

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Lead Case No. CV 13-04460-GHK (MRWx)

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DEPOSITION OF THOMAS B. MARCOTULLIO

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New York, New York
Tuesday, June 3, 2014

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CONFIDENTIAL

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Reported by:

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JOB NO. 80120

David Henry

TSG Reporting - Worldwide - 877-702-9580

Ex. A
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CONFIDENTIAL
Page 143
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referring to when I was referencing other

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materials.

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record of registration which identifies the

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two deposit copies were provided.

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Q.

I also was referencing the

Okay.

And in this letter the

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acting head of the reference section of the

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Copyright Office whose last name I won't

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try to pronounce again says that the

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Copyright Office does not have a copy of

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the work that was deposited with 51990,

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correct?

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A.

That's what it says, correct.

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Q.

When you made your inquiry in

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December of 2013, did you ask again for a

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deposit copy?

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A.

Not that I am aware, but my

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understanding is we asked for the letters
.

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relating to the copyright registration

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51990.

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'

Q.

Okay.

What did you do if

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anything to search the records of either

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Warner/Chappell or Summy-Birchard or.anyone

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to see if somewhere there was a copy of the

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work deposited with E51990?

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MR. KLAUS:,

IQbj CeCt tO the form,

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Ex. A
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CONFIDENTIAL
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outside the scope..

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testify to 11J:1:at your factual

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investigation told you about the

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search for documents in the case.

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A.

Sure.·

I believe you can

So as.I mentioned, I spoke

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with Jeremy Blietz and others at.

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Warner/Chappell.

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believe we may have received this in

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connection with our request from the

'I understand, I think, I

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Copyright Office..

In any case they

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conducted an extensive investigation of

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theirrecorc'is, inc1u.ding microfiche files

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that they had, hard copy files that were

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retained. by Warner/Charpeli, · arl.d. other;

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digital files that they hadaiready copied

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and pdf'd into a digital file.· ·So they

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went through a fairly extensive review of.

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those materials including with respect to

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the copyrights, the Hills, .. Summy-Birchard.

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and otherwise, in addition as I mentioned

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earlier the

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Office.

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Q.

r.eqll,~Sts

Okay.

to the Copyr.ight

And as a result of all

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that you were told, or you learned that you

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do not have a copy of the deposit copy

TSG Reporting - Worldwide - 877-702-9580

Ex. A
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CONFIDENTIAL
Page 145
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either, correct?

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MR. KLAUS:

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You can answer.

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A.

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My understanding is they could

not find a copy of it either.
Okay.

Q.

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Object to the form.

Were you told what that

work was?

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A.

What work was?

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Q.

What the deposited work was.

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MR. KLAUS:

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You can answer.

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A.

I

Object to the form.

think we believe that the work

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was the Happy Birthday To You, I think you

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called it the familiar Happy Birthday To

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You.

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Q.

Well, why do you think -- what is

your basis for thinking that?
A.

Sure, so obviously we know from

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both this letter and the record that there

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were deposit copies received.

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the registration that those were I think on

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December 9th they were received.

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that on the same day they registered

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they applied for and registered for the

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51988, which as I mentioned earlier is

We know from

We know

TSG Reporting - Worldwide - 877-702-9580

Ex. A
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