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 C

EXHIBIT C
Page 69

TO: Everyone who directly paid Warner/Chappell Music, Inc., Summy-Birchard Inc., the
Association for Childhood Education International, the Hill Foundation, Inc., any of their
predecessors-in-interest, or any of the affiliates of any of the foregoing to use Happy
Birthday to You (the “Song”) at any time since September 3, 1949, on their own behalf, on
behalf of any other person or entity, or both; and everyone who directly paid the Harry
Fox Agency, Alfred Music, Inc., or Faber Music Ltd., for use of the Song (jointly, the
“Settlement Class”) (If you paid only ASCAP, a foreign collecting society, a digital rights
aggregation service, or a foreign sub-publisher, you are not part of the Settlement Class):
YOU ARE HEREBY NOTIFIED that a proposed settlement has been reached in the class
action captioned Good Morning to You Productions Corp. v. Warner/Chappell Music, Inc., et al.,
Lead Case No. CV 13-04460-GHK (MRWx) (C.D. Cal. Western Division) (the “Action”). A
hearing will be held on June 27, 2016, at 9:30 a.m. before the Hon. George H. King, at the
United States District Court for the Central District of California, Courtroom 650, 255 East
Temple Street Los Angeles, CA 90012-3332. The purpose of the hearing is for the Court to
determine, among other things: (1) whether the proposed settlement of the claims asserted in the
Action should be approved by the Court as fair, reasonable and adequate; (2) whether the Action
should be dismissed with prejudice pursuant to the terms and conditions of the settlement;
(3) whether the Court should declare that, after the Settlement is finally approved and that
approval is affirmed on appeal or is not timely appealed, the Song will be in the public domain;
(4) whether the plan for paying claims under the settlement should be approved; (5) whether the
notice administrative costs should be approved; and (6) whether the application of Plaintiffs’
Counsel for attorneys’ fees and costs and the application for Plaintiffs’ incentive compensation
should be approved.
If you are a member of the Settlement Class, you must file a Claim Form no later than
May 27, 2016 to participate in the recovery.
If you believe you are a Settlement Class Member and wish to exclude yourself from the
settlement, you must do so in writing no later than May 27, 2016. If the settlement is approved
by the Court and its judgment becomes final, you will be bound by the settlement and the release
of the claims it includes unless you submit a request to be excluded.
If you believe that you are a Settlement Class Member or that your rights may be affected
by the Settlement and wish to object to any part of the Settlement, including any declaration the
Court may be asked to make regarding whether the Song is in the public domain, the plan for
paying claims under the settlement proceeds, or the request by Plaintiffs’ Counsel for an award
of attorneys’ fees and costs, you must submit a written objection no later than May 27, 2016 in
accordance with the procedures described on the claims administration website:
http://www.happybirthdaylawsuit.com.
This is only a summary of matters regarding the litigation and the settlement. A detailed
notice describing the litigation, the proposed settlement terms, and the rights of potential class
members, including procedures for participating, seeking exclusion or objecting, has been mailed
to class members whose contact information is already known. You may download the notice
from the settlement administration website, http://www.happybirthdaylawsuit.com, which also
has copies of settlement documents and pleadings in the Action. You may also obtain a copy of
the more detailed notice by contacting the Settlement Administrator by mail, email, or telephone
as follows:

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EXHIBIT C
Page 70

Happy Birthday Lawsuit Settlement
Rust Consulting, Inc.
[CITY, STATE ZIP]
[PHONE]
[FAX]
[EMAIL]
If you have any questions about the settlement, you may also contact Class Counsel for
Plaintiffs by mail or telephone as follows:
Betsy C. Manifold, Esq.
WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
750 B Street, Suite 2770
San Diego, CA 92101
Tel: [phone]
DO NOT CONTACT THE COURT OR THE
CLERK’S OFFICE REGARDING THIS NOTICE.
DATED: [insert date]

BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF
CALIFORNIA

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