Rupa Marya v. Warner Chappell Music Inc

Filing 264

OPPOSITION to NOTICE OF MOTION AND MOTION to AMEND Amended Complaint, 95 Notice of Motion and Motion for Leave to Amend and File Fifth Amended Complaint 258 /Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint filed by Defendants Summy-Birchard Inc, Warner Chappell Music Inc. (Attachments: # 1 Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 2 Exhibit 1 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 3 Exhibit 2 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 4 Exhibit 3 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 5 Exhibit 4 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 6 Exhibit 5 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 7 Exhibit 6 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 8 Exhibit 7 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 9 Exhibit 8 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 10 Exhibit 9 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 11 Exhibit 10 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 12 Exhibit 11 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint)(Klaus, Kelly)

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Exhibit 9 Ex. 9 135 TY IN T -OFFICE COMMUNIC I0 N :::song , GOOD nomrnm TO Ju:L, Patty by J. llill, 'tn:!.::J copy-.ci.:::;hted by Clayton F. Co. on October 13, 1893. There 't·tcre later publications the ::::or...g but since none of the later publi gave notice o~ the copyric;ht in 1893, it may very \·;ell be '.;hat by reason thcrcoi' the song passed in the pt::.blic domain. 1893 copyric;ht Has renei·rod in 1921, as i'Iell a3 the copyrishts, but the later renct:als amounted nothir...g aince c~ only be a sinc;le copyright on ar1y 'HOl"k and the later attempt3 to copyright the sor...g could have no effect on extendir...g the original te~. The 1893 copYl"ight '\'laS re:.1eued by J'c3sica I'1. Hill, claiminz as next; of }dn of the decc::ased r·iildred S. Hill, but the original renet<Ial should have been made in the name of Patty S. Hill, one of the authors., 1:1ho \'las then still alive., instead of Jessica 1•1. Hill. However, 'trhether the original copyright 't'laS lost because of the later publications of the song tli thout reference to the orie;inal notice, or ,.,hether the copyright \'Hl.O Pl.,operly reneN·ed, is no longer impol"'tant, since the copyright in tho song expired in 1949. The wo1"d.S of the song were char..ged f'ron ngood morn.ing to al1 11 to 11 happy birthday to you 11 and a nm.r vel"Sion of the t·ras registered under the title 1 l!l~PY BIRTIDAY by Cln.yton F. Sunrmy Co. on December 27, 1931~, w1 th subnequent l"C3istrat1ons in 1935. title \'laS then ex:o:::u"'1.ded to BIRTHDAY TO YOU Vlhich \·ran copyrighted by Clayton F. Sus~~y Co. on December 6, 1935. Ex. 9 136 ,;;·-~--'''; ?L t • I '1' ~; '~ [ j }_ NT OFFiCE CCMMUNiCA 0 N ;..iN!Vf:f-'iS"--L C;TY ::_:::,~-;_ c:-o.;_""! . .:;. Copies: '" Jo::c::;;h S:; Du.bL"'l lro:r, ---~--------~-·------~ ---------~ ----~---~------ ----------------- - - - ..... ...,. r,t-r,r l""l 1-.:h:lc- c::rraiJ..gcm.onts w.ay oe copy-..:·lghtcd an ncu wol. . lts, the cop:y'1..~.tc;;ht covex•s only the pu.l~·cJ..cular a:Pl'~DJ1ge:-~:cn-r;, nnd. us lo:-.~.;; as you do not use a."'ly pru.""ticulur arra.TJ.gemont, the ::on::;;, HAPPY EIR.T.HD11.7 TO YOU~ is ava:Llable, being in the :oubllc t:lonain. JSD:at1c Ex. 9 137 WC0001048

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