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)

Exhibit 10

Ex. 10
138

qe:CEIVEO

OEC 16 1971
WALT

NEY

PRODUCTIONS

SOO SO. BUENA 1/ISTAST.•BURBANK, CAllf'OftN1.4 t1506,.CA8ll ADDRESS: D~SHif:Y

December 13, 1971

Offiu of Counsel

The Harry Fox Agency, Inc.
110 East 59th Street
New York, New York 10022
Attention:

Miss Marion Mingle

Dear Miss Mingle:
We are in receipt of your quote of One Thousand Dollars ($1,000)
for synchronization and performing rights in respect to our proposed use of the tune "Happy Birthday To You" in our forthcoming
feature motion picture tentatively entitled "NOW YOU SEE HIM,
NOW YOU DON IT".
As you are aware, we have consistently challenged the validity of
the copyright of this tune. Expert copyright lawyers in the United
States and the United Kingdom have provided us with opinions indicating that the tune has been in the public domain since at least
1949, if not earlier.
Notwithstanding our position, we have nevertheless continued in the
past to pay your client the amount of Two Hundred Fifty Dollars
($250) as a "tribute" for each and every use we have made of the tune
(and there have been many such usages). These payments have been
made for the simple reason that although we firmly believe that we
would prevail in any litigation concerning our use of the song,
business practice dictates that a small payment is better than
expensive litigation.

~

At this point, we have recontacted various copyright experts, discussed
the matter with management and reached the conclusion that we are
willing once and for all to fight this matter in the event you are
asking an amount greater than that previously paid by us.
We are willing, however, to once again pay your client the sum of Two
Hundred Fifty Dollars ($250) and, as they say, let the sleeping dog
lie. I am sure this would be preferable to you as an alternative to
litigation where your client would certainly wind up losing any
further rights or claim of rights to this composition.
Very truly yours,
Wk'r-T'. DISNEY PRODUCTIONS

~

. Rosene
RBR: j s

FIDENTIAL

Ex. 10
139
WC0001415