Rupa Marya v. Warner Chappell Music Inc
Filing
312
SETTLEMENT AGREEMENT Revised Class Action Settlement Agreement filed by Plaintiffs Good Morning to You Productions Corp, Majar Productions LLC, Rupa Marya, Robert Siegel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Manifold, Betsy)
EXHIBIT A
EXHIBIT A
Page 46
CLAIM FORM
YOU MUST SUBMIT THIS CLAIM FORM BY MAY 27, 2016 IN ORDER TO RECEIVE
PAYMENT UNDER THIS SETTLEMENT.
GOOD MORNING TO YOU PRODUCTIONS CORP., et al. v. WARNER/CHAPPELL
MUSIC, INC., et al., Lead Case No. CV 13-04460-GHK (MRWx) (C.D. Cal. Western Division)
INSTRUCTIONS
1. In order for a Settlement Class Member to receive a payment and participate in this Settlement, the
Settlement Class Member or an authorized representative of such Settlement Class Member must
properly complete all pages of this Claim Form, submit valid documentation of the Licensing Costs
being claimed, and return the entire form electronically, by facsimile, or by U.S. mail, to the
Settlement Administrator no later than May 27, 2016:
Electronically
Happy Birthday Lawsuit Settlement
Rust Consulting, Inc.
[Email]
http://www.happybirthdaylawsuit.com
By Facsimile
Happy Birthday Lawsuit Settlement
Rust Consulting, Inc.
[ADDRESS]
[CITY, STATE ZIP]
[Fax Number]
By U.S. Mail
Happy Birthday Lawsuit Settlement
Rust Consulting, Inc.
[ADDRESS]
[CITY, STATE ZIP]
2. Under the Settlement Agreement—which contains the definitions of capitalized terms used in this
Claim Form—a Settlement Class Member is defined as a Person who satisfies the following
definition (and who does not submit a timely and valid exclusion request):
(a) all Persons who, at any time since September 3, 1949, directly paid Defendants, Intervenors,
any of their predecessors-in-interest (or any of the Affiliates of any of the foregoing) for each such
Person’s use of the musical work entitled Happy Birthday to You! with the lyrics, “Happy Birthday
to you, Happy Birthday to you, Happy Birthday dear ______, Happy Birthday to you!” (referred to
as the “Song”);
(b) all Persons who, at any time since September 3, 1949, directly paid HFA, Alfred or Faber
as agents for Defendants or their predecessors-in-interest for each such Person’s use of the Song; or
(c) the American Society of Composers, Authors and Publishers (ASCAP), foreign collecting
societies (such as, for example, SACEM and GEMA), and any other Person who at any time since
September 3, 1949 has issued blanket licenses covering the Song, but only for the amounts
allocated to the Song by such Persons and directly paid to Defendants or their predecessors-ininterest (or either’s Affiliates) pursuant to such blanket licenses; or
(d)(i) digital rights aggregation services (such as, for example, Music Reports, Inc.), (ii) foreign
sub-publishers (such as, for example, EMI Music Publishing Ltd.), and (iii) Persons not
enumerated in sub-paragraph (b), (c), or items (i)-(ii) of this sub-paragraph (d) who directly paid
Defendants, Intervenors, any of their predecessors-in-interest (or any of the Affiliates of any of the
foregoing) on behalf of other Persons for such other Persons’ use of the Song at any time since
September 3, 1949, but only to the extent that the Persons listed in items (i)-(iii) of this sub-1EXHIBIT A
Page 47
paragraph (d) directly paid Defendants, Intervenors, any of their predecessors-in-interest (or any of
the Affiliates of any of the foregoing) amounts that were comprised of payments by or on behalf of
other Persons for such other Persons’ use of the Song.
In the case of payments referenced in sub-paragraphs (c) and (d), the Persons enumerated in
sub-paragraphs (c) and (d) who made the direct payments to Defendants Intervenors, any of their
predecessors-in-interest (or any of the Affiliates of any of the foregoing) are part of the Settlement
Class, whereas the Persons on whose behalf such Persons obtained the rights to use the Song
(whether through a blanket license or otherwise) are not part of the Settlement Class.
For purposes of this definition, the term “directly paid” includes payments made by a Person’s
accountant, attorney, business manager or similar agent acting for such Person solely in the
capacity of remitting payment and not for the purpose of providing licensing services to other
Persons. In the case of a direct payment by a Person’s accountant, attorney, business manager or
similar agent as described in the preceding sentence, said Person on whose behalf the payment is
made is the Person in the Settlement Class (subject to all other requirements of this definition), and
that Person’s accountant, attorney, business manager or similar agent as described in the preceding
sentence is not in the Settlement Class by virtue of that payment.
Excluded from the Settlement Class are the following: (I) Defendants, their Affiliates, and
HFA, and their respective officers, directors and employees; (II) Intervenors, their subsidiaries, and
Affiliates and their respective officers, directors, employees; and (III) Class Counsel, Defendants’
Counsel, and Intervenors’ Counsel. For the avoidance of doubt, Alfred and Faber are part of the
Settlement Class under sub-paragraph (a) with respect to their own direct licenses of the Song from
Defendants or their predecessors-in-interest (or either’s Affiliates), but only the sub-licensees of
Alfred and Faber are part of the Settlement Class under sub-paragraph (b).
3. If you (or the Person on whose behalf you are submitting this Claim Form, if applicable) do not
satisfy the definition above, which is set forth in Section 1.53 of the Settlement Agreement, then
you (or the Person on whose behalf you are submitting this Claim Form) are not a member of the
Settlement Class and are not entitled to receive payment from the Settlement Administrator.
4. A Settlement Class Member may submit only one Claim Form for all of its Period One Licensing
Costs and for all of its Period Two Licensing Costs. Please be sure to include all the Settlement
Class Member’s Period One Licensing Costs and all the Settlement Class Member’s Period Two
Licensing Costs on this Claim Form.
5. Any Claim Form that is not received electronically or by facsimile, or is not post-marked by U.S.
mail, on or before May 27, 2016, or is not signed and dated by the Settlement Class Member (or
an authorized representative of such Settlement Class Member, if applicable) under penalty of
perjury, or does not contain valid documentation of Licensing Costs (e.g., copies of receipts, email
or letter confirmations, executed licenses, pursuant to Sections 3.2.4 and 3.2.5 of the Settlement
Agreement), shall not constitute a valid claim, and payment may be denied unless otherwise
ordered by the Court. The Settlement Administrator may follow up with you (or the Settlement
Class Member on whose behalf you are submitting this Claim Form, if applicable) for additional
information, but it is not obligated to do so. For more information on the Settlement and how
payments will be calculated, as well as the rights of Settlement Class Members in connection with
-2EXHIBIT A
Page 48
the Settlement, please see the Notice of Proposed Class Action Settlement and the Settlement
Agreement, which are available online at http://www.happybirthdaylawsuit.com.
6. DO NOT MAIL OR DELIVER THE COMPLETED CLAIM FORM TO THE COURT, THE
PARTIES TO THIS ACTION, OR THEIR COUNSEL. Submit the Claim Form ONLY to the
Settlement Administrator in the manner set forth above.
7. FOR RECORD KEEPING PURPOSES, YOU SHOULD MAKE AND RETAIN A COPY OF
THE SIGNED CLAIM FORM UNTIL PAYMENT FROM THE SETTLMENT
ADMINISTRATOR IS RECEIVED.
8. CHANGE OF ADDRESS: It is your responsibility to keep on file with the Settlement
Administrator the current address of the Settlement Class Member. This is the address that will be
used to mail payment and tax forms. If you are submitting this Claim Form on behalf of a
Settlement Class Member, it is also your responsibility to keep on file with the Settlement
Administrator your current address. Please make sure to notify the Settlement Administrator of any
change to the Settlement Class Member’s address and of any change to your address (again, if you
are submitting this Claim Form on behalf of a Settlement Class Member).
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PART I: SETTLEMENT CLASS MEMBER INFORMATION
__________________________________________________________________
Name of Settlement Class Member (i.e., the Person who made a direct payment to Defendants,
Intervenors, any of their predecessors-in-interest (or any of the Affiliates of any of the
foregoing) or HFA, Alfred or Faber as defined above and in Section 1.53 of the Settlement
Agreement)
______________________________________________________________________
Settlement Class Member’s Street Address
______________________________________________________________________
City
State
Zip Code
(_____)_____________________________(____)_____________________________
Telephone No. (Day)
Telephone No. (Night)
______________________________________________________________________
Settlement Class Member’s Email Address
______________________________
Settlement Class Member’s
Social Security Number
(for individuals)
OR
_____________________________
Settlement Class Member’s
Taxpayer Identification Number
(for estates, trusts, corporations, etc.)
If the Settlement Class Member remitted payment through an accountant, attorney, business
manager or other similar agent (acting solely in the capacity of remitting payment, and not for
the purpose of providing licensing services to the Settlement Class Member), please provide the
name(s) of such accountant(s), attorney(ies), business manager(s) or other similar agent(s)
(attach additional pages
asnecessary):_____________________________________________________________
If Applicable: Name of Person Submitting this Claim Form as the Authorized Representative
of a Settlement Class Member______________________________________________
______________________________________________________________________
Street Address of Authorized Representative
______________________________________________________________________
City
State
Zip Code
(_____)_____________________________(____)_____________________________
Telephone No. (Day)
Telephone No. (Night)
______________________________________________________________________
Email Address of Authorized Representative
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PART II: PERIOD ONE PAYMENT INFORMATION
LIST ALL SETTLEMENT CLASS MEMBER’S DIRECT PAYMENTS TO DEFENDANTS,
INTERVENORS, EITHER OF THEIR AFFILIATES, HFA, ALFRED OR FABER FOR USE
OF THE SONG ON OR AFTER JUNE 13, 2009:
Date of Payment
(chronologically)
Month/day/year
/
/
/
/
/
/
/
/
/
/
/
/
/
/
Amount
of
Payment
Person or
Entity
Making
Payment
Entity to
Whom
Payment
Was Made
Person or
Entity on
Whose
Behalf
Payment
Was Made*
Description of
Documentation of
Payment
$
$
$
$
$
$
$
Please attach additional pages as necessary. You must submit valid documentation of
Licensing Costs (e.g., copies of receipts, email or letter confirmations, executed licenses,
pursuant to Sections 3.2.4 and 3.2.5 of the Settlement Agreement) with this Claim Form.
* The information in this column is necessary only if the payment was remitted to Defendants,
Intervenors, either of their Affiliates, HFA, Alfred or Faber by the Settlement Class Member’s
accountant, attorney, business manager or other similar agent (acting solely in the capacity of
remitting payment, and not for the purpose of providing licensing services to the Settlement
Class Member).
-5EXHIBIT A
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PART III: PERIOD TWO PAYMENT INFORMATION
LIST ALL SETTLEMENT CLASS MEMBER’S DIRECT PAYMENTS TO DEFENDANTS,
INTERVENORS, ANY OF THEIR PREDECESSORS-IN-INTEREST (OR ANY OF THE
AFFILIATES OF ANY OF THE FOREGOING), HFA, ALFRED OR FABER FOR USE OF
THE SONG BEFORE JUNE 13, 2009:
Date of Payment
(chronologically)
Month/day/year
/
/
/
/
/
/
/
/
/
/
/
/
/
/
Amount
of
Payment
Person or
Entity
Making
Payment
Entity to
Whom
Payment
Was Made
Person or
Entity on
Whose
Behalf
Payment
Was Made*
Description of
Documentation of
Payment
$
$
$
$
$
$
$
Please attach additional pages as necessary. You must submit valid documentation of
Licensing Costs (e.g., copies of receipts, email or letter confirmations, executed licenses,
pursuant to Sections 3.2.4 and 3.2.5 of the Settlement Agreement) with this Claim Form.
* The information in this column is necessary only if the payment was remitted to Defendants,
Intervenors, any of their predecessors-in-interest (or any of the Affiliates of any of the
foregoing) or HFA, Alfred or Faber by a Settlement Class Member’s accountant, attorney,
business manager or other similar agent (acting solely in the capacity of remitting payment, and
not for the purpose of providing licensing services to the Settlement Class Member).
-6EXHIBIT A
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PART III: SUBSTITUTE FORM W-9
(You must provide the requested information here even if you have already provided the same
or similar information in the Settlement Class Member Identity section of this Claim Form.
This information is required in order to receive payment under the Settlement.)
Enter taxpayer identification number below for the Settlement Class Member (i.e., the Person
who made a direct payment to Defendants or their predecessors-in-interest (or either’s
Affiliates) or HFA, Alfred or Faber as defined above and in Section 1.53 of the Settlement
Agreement). For most individuals, this is the individual’s Social Security Number. The
Internal Revenue Service (“I.R.S.”) requires such taxpayer identification number. If this
information is not provided, the Settlement Class Member’s claim may be rejected.
______________________________
Settlement Class Member’s
Social Security Number
(for individuals)
OR
_____________________________
Settlement Class Member’s
Taxpayer Identification Number
(for estates, trusts, corporations, etc.)
Check Which Of the Following Describes the Settlement Class Member:
___ Individual __ Corporation __ Trust ___ Estate __ IRA Account __ Other (specify)
PART IV: DIRECT DEPOSIT OR CHECK
CHOOSE ONE OF THE OPTIONS BELOW
OPTION 1: Payment by Direct Deposit
If any payment is made, the Settlement Class Member wishes to receive it electronically by ACH
(Automated Clearing House)
Please provide the Settlement Class Member’s bank account information:
Bank Routing Number: ________________________________________________
Bank Account Number: _______________________________________________
Banking Institution: __________________________________________________
Name on Account: ___________________________________________________
The illustration below is to help you identify the Settlement Class Member’s Routing and Account
Number. If you still are unsure which number on the check is which, please contact the Settlement
Class Member’s financial institution.
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OPTION 2: Payment by Check
If any payment is made, instead of receiving payment electronically by ACH, the Settlement Class
Member wishes to receive payment by a paper check sent to the Settlement Class Member at the
Settlement Class Member’s address as provided in Part I of this Claim Form.
PART V: CERTIFICATION OF SETTLEMENT CLASS MEMBER
UNDER THE PENALTIES OF PERJURY, I (WE) CERTIFY THAT ALL OF THE
INFORMATION PROVIDED ON THIS FORM IS TRUE, CORRECT AND COMPLETE.
I (We) certify that I am (we are) NOT subject to backup withholding under the provisions of
Section 3406 (a)(1)(c) of the Internal Revenue Code because: (a) I am (we are) exempt from
backup withholding, or (b) I (We) have not been notified by the I.R.S. that I am (we are)
subject to backup withholding as a result of failure to report all interest or dividends, or (c) the
I.R.S. has notified me (us) that I am (we are) no longer subject to backup withholding.
NOTE: If you have been notified by the I.R.S. that you are subject to backup withholding,
please strike out the language that you are not subject to backup withholding in the certification
above.
I (we) certify that, if I am (we are) acting as the representative for a Settlement Class Member, I
am (we are) currently authorized to act on behalf of the Settlement Class Member.
Signature of Settlement Class Member or Authorized Representative of such Settlement Class
Member *:
Signature: ___________________________________
Date: __________________
*If the person executing this Claim Form is acting in a representative capacity, evidence of
such person’s current authority to act on behalf of the Settlement Class Member must be
submitted with this Claim Form (e.g., proof of power of attorney).
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ACCURATE CLAIMS PROCESSING TAKES A SIGNIFICANT AMOUNT OF TIME.
THANK YOU FOR YOUR PATIENCE.
Reminder Checklist:
1. Please complete the Substitute W-9 and sign the above Certification.
2. Make sure you have enclosed valid documentation of Licensing Costs (e.g., copies of
receipts, email or letter confirmations, executed licenses, pursuant to Sections 3.2.4 and
3.2.5 of the Settlement Agreement).
3. Keep a copy of the completed Claim Form for record-keeping purposes.
4. If you desire an acknowledgment of receipt of this Claim Form, please send it Certified
Mail Return Receipt Requested.
5. If you move after submitting your Claim Form, please send your new address to the
Settlement Administrator. If you are submitting this Claim Form on behalf of the
Settlement Class Member and that Settlement Class Member moves after this Claim
Form is submitted, please send that Settlement Class Member’s new address to the
Settlement Administrator.
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