Rupa Marya v. Warner Chappell Music Inc

Filing 273

DECLARATION of Rupa Marya in Support of 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 Declaration of Rupa Marya in Support of Plaintiffs' Reply to Motion for Leave to Amend and File Fifth Amended Compalint filed by Plaintiffs Good Morning to You Productions Corp, Majar Productions LLC, Rupa Marya, Robert Siegel. (Manifold, Betsy)

FRANCIS M. GREGOREK (144785)
[e-mail]
BETSY C. MANIFOLD (182450)
[e-mail]
RACHELE R. RICKERT (190634)
[e-mail]

MARISA C. LIVESAY (223247)
[e-mail]
BRITTANY N. DEJONG (258766)
[e-mail]
WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
750 B Street, Suite 2770
San Diego, CA 92101
Telephone: [phone]
Facsimile: 619/234-4599
Interim Lead Class Counsel for Plaintiffs and Proposed Class
UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
GOOD MORNING TO YOU
PRODUCTIONS CORP., et al.,

)
)
)
Plaintiffs,
)
)
v.
)
)
WARNER/CHAPPELL MUSIC, )
INC., et al.,
)
)
Defendants.
)
)
)

Lead Case No. CV 13-04460-GHK (MRWx)
DECLARATION OF RUPA MARYA IN
SUPPORT OF PLAINTIFFS’ REPLY TO
MOTION FOR LEAVE TO AMEND AND
FILE FIFTH AMENDED COMPLAINT
Date:
Time:
Judge:
Room:

November 16, 2015
9:30 a.m.
Hon. George H. King,
Chief Judge
650

I, Rupa Marya, hereby declare as follows:
1.

I am a musician and leader of the band entitled “Rupa & The April

Fishes” and a member of the American Society of Composers, Authors and
Publishers. I am a resident Alameda County, California and a Plaintiff in the aboveentitled action.
2.

On or about June 17, 2013, I paid defendant Warner/Chappell $455 for a

compulsory license for use of Happy Birthday to You.
3.

I did not learn that there was a dispute with respect to whether or not

defendant Warner/Chappell owned a copyright of Happy Birthday to You until this
lawsuit was filed in June 2013. Prior to June 2013, I never heard about nor did I read
the article written by Professor Brauneis that argued Warner/Chappell did not own a
copyright to Happy Birthday to You.
4.

Prior to the filing of this lawsuit, I had no reason to believe nor did I

suspect that Warner/Chappell did not own a copyright to Happy Birthday to You. It
was commonly known in the entertainment industry that Warner/Chappell claimed an
exclusive copyright to Happy Birthday to You and it had been collecting royalties for
use of the song for decades.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this 12th day of November 2015, in Contra Costa County, California.
By___________________
RUPA MARYA

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