Rupa Marya v. Warner Chappell Music Inc

Filing 313

***STRICKEN ON 03/09/2016*** [PROPOSED] REVISED ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT re NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Proposed Class Action Settlement ; Memorandum of Points and Authorities in Support Thereof 301 filed by Plaintiffs Good Morning to You Productions Corp, Majar Productions LLC, Rupa Marya, Robert Siegel. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Manifold, Betsy) Modified on 3/10/2016 (dgon).

EXHIBIT 1

EXHIBIT 1
Page 12

NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION
AND FINAL APPROVAL HEARING AND CLAIM FORM
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)
ATTENTION: If you satisfy the following definition (capitalized terms are defined in the
Settlement Agreement, as explained below), you are a member of the Settlement Class and you
may be entitled to a payment from a class action Settlement:
(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-in-interest (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-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.
-1-

EXHIBIT 1
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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).
Your rights may be affected by this Settlement. PLEASE READ THIS ENTIRE NOTICE
CAREFULLY.
A Federal Court has authorized this notice. This is not a solicitation from a lawyer.
 The Plaintiffs allege that Defendants do not own a copyright to the Song’s words or music. In

Plaintiffs’ Fifth Amended Complaint, they have asserted claims for: (1) a declaratory judgment;
(2) injunctive relief and damages; (3) violations of California’s Unfair Competition Law; (4)
breach of contract; (5) money had and received; (6) rescission; and (7) violation of California’s
False Advertising Law.
 The Defendants deny the Plaintiffs’ allegations and contend they do own a copyright to the

Song’s words and music. Two other companies, the Association for Childhood Education
International and the Hill Foundation, Inc. (“Intervenors”), recently claimed that if the
Defendants do not own a copyright to the Song’s words and music, then the Intervenors do.
 To avoid the burden, expense, inconvenience, and uncertainty of continued litigation, the Parties

have concluded that it is in their respective best interests to resolve and settle the action by
entering into this Settlement.
 The Defendants and the Intervenors have agreed, after the Court approves the Settlement and the

approval is affirmed on appeal or is not timely appealed, to relinquish their ownership claims to
the Song and all their rights to the Song, and not to claim to own, or represent that they own, a
federal or common law copyright in the Song or charge any fee for use of the Song. The
Defendants and the Intervenors have also agreed that, after the Court approves the Settlement
and the approval is affirmed on appeal or is not timely appealed, all of their rights to the Song
will be in the public domain. Finally, the Defendants and the Intervenors have agreed not to
oppose the Plaintiffs’ request that the Final Judgment and Order include a declaration that, after
the approval of the Settlement is affirmed on appeal or is not timely appealed, the Song will be in
the public domain.


In addition, the Defendants have agreed to make available up to $14 million for the payment of
(1) authorized claims of Settlement Class Members who timely submit a valid Claim Form, on
the terms described below, (2) Settlement Administration and Notice Expenses of up to
$100,000, and (3) any award to Plaintiffs’ Counsel for their attorneys’ fees and costs and any
awards to Plaintiffs for their service to the Settlement Class.

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YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:
Submit a Claim Form to the Settlement Administrator, electronically, by
facsimile, or by U.S. mail by May 27, 2016 and you will receive the payment
SUBMIT A
amount described below, subject to applicable taxes and withholdings. By
CLAIM
doing so, you will be bound by the Settlement and release all claims against
the Defendants and certain others as described below.
If you do nothing, you will not receive any payment, but you will still release
DO
your claims against Defendants and certain others as described below. In
NOTHING
order to receive a payment, you must submit a Claim Form.
Exclude yourself from the Settlement. If you paid Defendants to use the Song
at any time since September 3, 1949, this is the only option that allows you to
bring your own lawsuit or to be part of any other lawsuit against the
Defendants asserting the claims that were or could have been asserted in
EXCLUDE
YOURSELF Plaintiff’s Fifth Amended Complaint. You will not receive any payment under
the Settlement.
If you exclude yourself from the Settlement, you will not be entitled to receive
any payment from the Settlement Fund.
Write to the Court about why you don’t like the Settlement (or any part of it).
You do not need to do anything else to object to the Settlement (or any part of
it). If you object in writing, you may also ask to speak in Court about the
fairness of the Settlement. You may only appear in Court to speak about the
fairness of the Settlement if you file a timely written objection to the
OBJECT
Settlement and provide a timely notice of your intent to appear. You may not
object to the Settlement if you exclude yourself from the Settlement Class. If
you exclude yourself from the Settlement Class, you may not object to the
Settlement or any part of it.
DO NOT CONTACT THE COURT DIRECTLY WITH QUESTIONS. THE COURT WILL
NOT ANSWER ANY OF YOUR QUESTIONS.
BASIC INFORMATION
This Notice summarizes the lawsuit, the Settlement, your legal rights, and what benefits are
available. More details and the definition of capitalized terms used in this Notice are in the Settlement
Agreement. If there is any conflict between this Notice and the terms of the Settlement Agreement or
the Court’s order approving the Settlement Agreement, the Settlement Agreement and Court’s Orders
will control. You can view a copy of the Settlement Agreement and other key documents in this case at
the following web address: http://www.happybirthdaylawsuit.com. You can also access the Court
docket in this case through the Court’s Public Access to Court Electronic Records (PACER) system at
https://ecf.cacd.uscourts.gov.
1. Why did I get this notice?
The Defendants’ or HFA’s records indicate that you paid one or more of them for use of the Song at
some time since September 3, 1949. The Court has ordered that you be sent this notice because you
have a right to know about a proposed Settlement of a class action, and about all of your options,
before the Court decides whether to finally approve the Settlement. If the Court finally approves the
Settlement and the approval is affirmed on appeal or is not timely appealed, payments will be mailed to
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Settlement Class Members who submit valid Claim Forms in a timely manner and who do not exclude
themselves from the Settlement Class, as set forth in the Settlement Agreement and herein.
The Parties who filed this lawsuit are called the “Plaintiffs.” Warner/Chappell Music, Inc. and SummyBirchard Inc. are called the “Defendants.” The Association for Childhood Education International and
the Hill Foundation, Inc. are called the “Intervenors.”
2. What is this lawsuit about?
The Plaintiffs allege that the Defendants and the Intervenors do not own, and never owned, a copyright
to the Song’s words and music. The Plaintiffs have asserted claims that the Defendants must reimburse
everyone who has paid for the Song since September 3, 1949. The claims that are subject to this
Settlement are identified in Plaintiff’s Fifth Amended Complaint and in the Settlement Agreement. To
the extent this summary conflicts with the Fifth Amended Complaint or the Settlement Agreement, the
claims identified in the Settlement Agreement control. You may review the Settlement Agreement, the
Fifth Amended Complaint, and Court’s order preliminarily approving of the Settlement on the
Settlement website at http://www.happybirthdaylawsuit.com. You may also access the Court docket in
this case—which contains a more complete chronology of this lawsuit than that provided in this
abbreviated summary—through the Court’s Public Access to Court Electronic Records (PACER)
system at https://ecf.cacd.uscourts.gov.
The Defendants believe that they own a valid copyright to the Song’s words and music. They deny all
of the allegations of wrongdoing, fault, or liability in Plaintiff’s Fifth Amended Complaint and deny
that they have acted improperly as alleged. The Intervenors believe that if the Defendants do not own
a valid federally registered copyright in the Song, then Intervenors own either the federally registered
copyright or a common law copyright in the Song.
This lawsuit has been actively litigated since it was filed, and the Parties have participated in
discovery. On September 22, 2015, the Court entered partial summary judgment in favor of the
Plaintiffs and against the Defendants, finding that the Defendants do not own, and never owned, a
copyright to the Song’s lyrics. The Defendants moved for reconsideration of that ruling. The Court
scheduled a trial on whether anyone else owns or ever owned such a copyright. Before trial
commenced or the Court ruled on the Defendants’ motion for reconsideration, the Parties exchanged
detailed information about the claims, defenses, and alleged damages at issue for the purposes of
Settlement. Following an all-day mediation session with an independent and experienced mediator,
and extensive additional arm’s-length Settlement negotiations, the Parties reached this Settlement.
On March 7, 2016, the Court found the proposed Settlement is not collusive, is the product of
informed negotiation, has no obvious deficiencies, does not grant preferential treatment to Plaintiffs or
any segment of the Settlement Class, and is within the range of possible approval, so as to justify
preliminary approval of the Settlement and the mailing of this Notice to all Settlement Class
Members.
3. What is a class action?
In a class action, one or more people, called the “Named Plaintiffs” or “Class Representatives,” sue on
behalf of others who have similar claims. The people together are a “Settlement Class” or “Class
Members.” The individual who originally filed the lawsuit is called the Plaintiff. One court will
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resolve the issues for everyone in the Settlement Class – except for those who choose to exclude
themselves from the Settlement Class. For purposes of settling this case, the Parties have agreed to
have the Court treat the case as a class action.
4. Why is there a settlement?
The Court did not ultimately decide in favor of Plaintiffs or Defendants on all the issues presented.
Both sides believe they would have prevailed in the case, but there was no decision ruling in favor of
either party. Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial, and the
people affected will get compensation. The Class Representative and the attorneys think the
Settlement is best for all Settlement Class Members.
WHO IS IN THE SETTLEMENT?
5. Who is in the Settlement?
You are automatically a member of the Settlement Class if: (1) you do not exclude yourself from the
Settlement Class; and (2) you satisfy the definition of the Settlement Class, which is set forth on Pages
1-2 above and in Section 1.53 of the Settlement Agreement.
If the Court grants final approval of the settlement and you timely and properly return a valid Claim
Form as set forth herein, you will receive a settlement payment as described herein.
6. I’m still not sure if I am included.
If you are still not sure whether you are included, you can ask for free help. You can contact the
Settlement Claims Administrator as follows:
Happy Birthday Lawsuit Settlement
Rust Consulting, Inc.
[CITY, STATE ZIP]
[PHONE]
[FAX]
[EMAIL]
WHAT BENEFITS DOES THE SETTLEMENT PROVIDE?
7. What benefits does the Settlement provide? What will I get?
The Settlement provides two benefits: First, the Defendants and the Intervenors have agreed, after the
Court approves the Settlement and the approval is affirmed on appeal or is not timely appealed: (1) to
relinquish their ownership claims to the Song and all their rights to the Song, (2) not to claim to own,
or represent that they own, a federal or common law copyright in the Song or charge any fee for use of
the Song, and (3) that all of their rights to the Song will be in the public domain. Also, the Defendants
and the Intervenors have agreed not to oppose the Plaintiffs’ request that the Final Judgment and Order
include a declaration that, after the approval is affirmed on appeal or is not timely appealed, the Song
will be in the public domain.
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Second, if approved by the Court, the Defendants have agreed to make available up to $14 million for:
(1) the payment of Authorized Claims of Settlement Class Members who timely submit a valid Claim
Form, (2) Settlement Administration and Notice Expenses of up to $100,000, and (3) any award to
Plaintiffs’ Counsel for their attorneys’ fees and costs and awards to Plaintiffs for their service to the
Settlement Class. The payment of these items (which is dependent on Court approval) and the formula
for payment of the authorized claims are described below:
 The Settlement Fund shall cover the first $100,000 of court-approved notice and administrative

expenses. The Defendants will pay all additional court-approved notice and administrative
expenses separately, which will not be deducted from the $14 million Settlement Fund.
 The Settlement Fund shall also cover court-approved payments to Plaintiffs’ Counsel for their

attorneys’ fees and costs and court-approved payment to Plaintiffs for their service to the
Settlement Class. The amount remaining after these payments, called the Net Settlement Fund,
will be made available for payment to Settlement Class Members who timely submit valid Claim
Forms based on the amount they paid and when they paid to use the Song, as follows:
(1) Up to $6,250,000 of the Net Settlement Fund will first be made available to pay the claims
of Settlement Class members who paid to use the Song on or after June 13, 2009 (called the
“Period One Settlement Claims”). Settlement Class members who timely submit valid claims for
their Period One Licensing Costs will be paid in full on their claims (“Authorized Period One
Claims”), unless such payment would exhaust the entire $6,250,000, in which case all
Authorized Period One Claims will be reduced on a pro rata basis as necessary to allocate a total
of $6,250,000 of the Net Settlement Fund to the payment of Authorized Period One Claims. Any
portion of the $6,250,000 remaining after all Authorized Period One Claims are paid in full will
be available to pay Period Two Settlement Claims.
(2) The remainder of the Net Settlement Fund will be made available to pay the claims of
Settlement Class members who paid to use the Song prior to June 13, 2009 (called the “Period
Two Settlement Claims”). Settlement Class members who timely submit valid claims for their
Period Two Licensing Costs will be paid fifteen percent (15%) of their claims (“Authorized
Period Two Claims”), unless such payment would exceed the remainder of the Net Settlement
Fund, in which case all Authorized Period Two Claims will be reduced on a pro rata basis as
necessary not to exceed the amount remaining in the Net Settlement Fund after all Authorized
Period One Claims are paid.
The basis for the differentiation in the claims listed above is that the Period Two Settlement Claims are
subject to additional defenses under the applicable federal and state statute of limitations. These
defenses are not available to the Period One Settlement Claims.
8. How much will my payment be?
It is impossible to know with certainty how much each Settlement Class Member’s payment will be
because the final calculation depends upon the number and size of timely and valid Claim Forms
submitted. However, Settlement Class Members are expected to receive proportionately more for their
Period One Settlement Claims than for their Period Two Settlement Claims. If the total amount of
Period One Claims is equal to or less than $6,250,000, then the Period One Settlement Claims will be
paid in full. If all Settlement Class Members timely submit valid Period One Settlement Claims, they
will receive approximately 57% of their Period One Settlement Claims after payment of administrative
expenses, attorneys’ fees and costs, and the Plaintiffs’ incentive compensation awards. Settlement
Class Members are expected to receive a lower percentage of their Period Two Settlement Claims.
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These payment amounts are estimates. The actual amounts will depend upon the number of Settlement
Class Members who make claims under the Settlement, the actual amount of such claims, the
administrative expenses, attorneys’ fees and costs, and the Plaintiffs’ incentive payments that are
awarded by the Court.
HOW YOU GET SETTLEMENT BENEFITS
9. How can I get my payment?
In order to receive a payment under the Settlement identified in Paragraph 7, you must submit a
valid Claim Form electronically, by facsimile, or by U.S. mail by May 27, 2016. If you timely submit
a valid Claim Form, you will be sent a settlement check (either by physical check or Automated
Clearing House (ACH) transfer if and when the Court approves the Settlement, and after all appeals
have been exhausted. If you do not submit a Claim Form or choose to exclude yourself from the
Settlement Class, then you will not receive any payment.
10. When will I get my payment?
The Court currently is scheduled to hold a hearing on June 27, 2016, at 9:30 a.m. at the United States
District Court for the Central District of California, 255 East Temple Street, Los Angeles, CA 900123332, in Courtroom 650 to determine whether to finally approve the Settlement. If the Court approves
the Settlement, there may be appeals after that. It is always uncertain whether these appeals can be
resolved, and resolving them can take time, perhaps more than a year. Please be patient. You may
check the website at https://happybirthdaylawsuit.com for updated information on the status of the
Settlement.
11. What am I giving up to get a payment or stay in the Settlement Class?
Unless you exclude yourself (as explained in Paragraph 12 below), you will remain in the Settlement
Class. This means that, for example, you cannot sue, continue to sue, or be part of any other lawsuit
against the Defendants for any of the claims related to the Song’s copyright that were or could have
been asserted in the Fifth Amended Complaint covered by the Settlement Agreement. You may view
the Settlement Agreement and Fifth Amended Complaint on the settlement website at
http://happybirthdaylawsuit.com or through the Court’s Public Access to Court Electronic Records
(PACER) system at https://ecf.cacd.uscourts.gov.
If you do not exclude yourself, all of the Court’s orders will apply to you and legally bind you. By
remaining a Settlement Class Member and not opting out, if the Court grants final approval of the
settlement, you will, for example, release Defendants from any claims that you may have regarding
payment for use of the Song at any time since September 3, 1949. Even if you discover facts in
addition to or different from those which you now know or believe to be true with respect to your
claims against the Defendants covered by the Settlement Agreement, upon the Court’s Final Approval
of the Settlement, you shall be deemed to have fully, finally, and forever settled and released any and
all of such claims. When claims are “released,” that means that a person covered by the release cannot
sue the released parties for any of the claims that are covered by the release, as set forth in the
Settlement Agreement. This is true whether such claims are known or unknown, suspected or
unsuspected, contingent or non-contingent, whether or not concealed or hidden, which now exist, or
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heretofore have existed upon any theory of law or equity now existing or coming into existence in the
future, including, but not limited to, conduct which is negligent, intentional, with or without malice, or
a breach of any duty, law, or rule, without regard to the subsequent discovery or existence of such
different or additional facts.
This Notice is only a summary. The specific claims that you are giving up against the Defendants and
Intervenors are described in detail in the Settlement Agreement. You will be “releasing” Defendants
and Intervenors and all related entities (the “Released Parties”) as described in the Settlement
Agreement.
Because the Settlement Agreement describes the Released Claims and Released Parties with specific
descriptions, you should read it carefully. If you have any questions, you can talk to Class Counsel
listed in Paragraph 23 for free or you can, of course, talk to your own lawyer if you have questions
about what this means.
EXCLUDING YOURSELF FROM THE SETTLEMENT
If you do not want to be bound by this Settlement and do not want a payment from this Settlement, but
you want to keep the right to sue or continue to sue the Defendants on your own for the claims asserted
in the Fifth Amended Complaint, then you must take affirmative steps to get out. This is called
excluding yourself from, or is sometimes referred to as “opting out” of, the Settlement Class.
12. What do I do if I do not want to be bound by the Settlement?
To exclude yourself from the Settlement Class, you must send a letter by U.S. mail that includes the
words, “I opt out of the Happy Birthday Litigation Settlement Class.” You must include your name,
address, email address (if applicable), phone number and signature; the date(s) of all direct payment(s)
to Defendants or Defendants’ predecessors-in-interest or either’s Affiliates or HFA, Alfred or Faber for
use of the Song, and the dollar amount(s) paid to Defendants or Defendants’ predecessors-in-interest or
either’s Affiliates or HFA, Alfred or Faber for use of the Song; and a statement that you wish to be
excluded from the Settlement Class. Your exclusion request must be postmarked no later than May 27,
2016 and must be mailed to:
Happy Birthday Lawsuit Settlement
Rust Consulting, Inc.
[CITY, STATE ZIP]
[PHONE]
[FAX]
[EMAIL]
If you ask to be excluded, you may not submit a Claim Form, you will not get any Settlement payment,
and you cannot object to the Settlement. You will not be legally bound by anything that happens in
this lawsuit. You may also be able to sue (or continue to sue) the Defendants in the future about any of
the legal issues in this case. If you wish to exclude yourself in order to file an individual lawsuit
against the Defendants, you should speak to a lawyer as soon as possible because your claims are
subject to a statute of limitations, which means that they may have expired or will expire on a certain
date.

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13. If I don’t exclude myself, can I sue the Defendants for the same thing later?
No. Unless you exclude yourself, you give up any rights to sue the Defendants for the same or similar
claims in this case. If you have a pending lawsuit, speak to your lawyer in that case immediately to see
if this settlement will affect your other case. Please review a complete description of all Released
Claims and Released Parties set forth in the Settlement Agreement at http://happybirthdaylawsuit.com.
Remember, the exclusion deadline is May 27 , 2016.
14. If I exclude myself, can I get money from this settlement?
No. If you exclude yourself, you will not receive any money from this lawsuit. However, if you
exclude yourself from this lawsuit, you may be able file suit on your own or continue to prosecute your
own case against the Defendants regarding these same claims.
THE LAWYERS REPRESENTING YOU
15. Do I have a lawyer in this case?
The law firms of Wolf Haldenstein Adler Freeman & Herz LLP (“Wolf Haldenstein”); Randall S.
Newman PC; Hunt, Ortmann, Palffy, Nieves, Darling & Mah, Inc.; Donahue Fitzgerald, LLP; and
Glancy Prongay & Murray, LLP have been representing the class as Plaintiffs’ Counsel. Wolf
Haldenstein has been Lead Class Counsel. You will not be charged any fees by these lawyers. You do
not need to retain your own attorney in order to participate as a Settlement Class Member. If you opt
out of the Settlement Class and want to be represented by your own lawyer, you may hire one at your
own expense.
16. How will the lawyers be paid?
Plaintiffs’ Counsel will ask the Court to approve payment of up to $4,620,000 of the Settlement Fund
for attorneys’ fees and to approve reimbursement of their reasonable out-of-pocket costs, excluding the
cost of the settlement notice and administration, up to $400,000. On April 27, 2016, Plaintiffs’ Counsel
will file a petition requesting that the Court approve the payment of reasonable attorneys’ fees and
costs. These fees will compensate Plaintiffs’ Counsel for investigating the facts, litigating the case,
and negotiating the Settlement. The first $100,000 of the cost for settlement administration, if
approved by the Court, will also come from the Settlement Fund. The Court may award less than these
amounts.
Plaintiffs’ Counsel will also ask the Court to approve a payment of $15,000 to one of the Plaintiffs and
$10,000 to each of the other three Plaintiffs in recognition of the risks and burdens they took and their
service to the Class to aid in the investigation and prosecution of the case. The Court may award less
than these amounts.
OBJECTING TO THE SETTLEMENT
You can tell the Court that you do not agree with the settlement or some part of it.

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17. How do I tell the Court that I don’t like the settlement?
If you are a Settlement Class Member, you can object to the Settlement, the request for attorneys’ fees
and expenses, the request for incentive compensation payments to Plaintiffs, and the costs of
administration if you wish to challenge any part of it. You can give reasons why you think the Court
should not approve it. The Court will consider your views. Please note, however, that you cannot ask
the Court to order a larger settlement; the Court can only approve or deny the total Settlement amount
as it is presented. If the Court denies approval, no settlement payments will be sent out and the lawsuit
will continue.
To object, you must either (1) file an objection in the United States District Court for the Central
District of California in person, by ECF, or by U.S. mail addressed to the Clerk of the Court at the
address indicated below and (2) send a letter by U.S. mail to the attorneys indicated below. Your filing
or letter must say that you object to the settlement in 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). Be sure to include this case name and number in your filing or letter. Be sure to also include
your name, address, telephone number, the date(s) of your payments to Defendants for the Song, your
signature, and the reasons you object to the settlement. Please use these addresses for mailing your
objection:
To the Court
Clerk of the Court
U.S. DISTRICT COURT FOR THE
CENTRAL DISTRICT OF
CALIFORNIA
255 East Temple Street
Los Angeles, CA 90012-3332
To the Defendants’ Counsel
MUNGER, TOLLES & OLSEN LLP
Attn: Adam I. Kaplan, Esq.
560 Mission Street
San Francisco, CA 94105

To the Plaintiffs’ Counsel
WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
Attn: Betsy C. Manifold, Esq.
750 B Street, Suite 2770
San Diego, CA 92101
To the Intervenors’ Counsel
WHITEFORD TAYLOR PRESTON LLP
Attn: Steven E. Tiller, Esq.
7 St. Paul Street
Baltimore, MD 21202

Your filing must be received and your letters must be postmarked no later than May 27, 2016.
If you are represented by counsel in submitting an objection, that objection must be filed through the
Court’s Case Management/Electronic Case Filing (CM/ECF) system and need not be mailed to the
Court.
18. What’s the difference between objecting and excluding?
Objecting is telling the Court that you do not like something about the Settlement. Excluding yourself
is telling the Court that you do not want to be part of the Settlement Class. You can object to the
Settlement only if you stay in the Settlement Class. If you exclude yourself from the Settlement Class,
you have no basis to object because the case no longer affects you.

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THE COURT’S FINAL APPROVAL HEARING
The Court will hold a Final Approval hearing to decide whether to approve the Settlement. If you
provide notice of your intent to appear at the Final Approval Hearing in your objection, you may ask to
speak at the Final Approval Hearing. See Paragraph 21 below. You may also attend the Final
Approval Hearing and you do not have to speak. If you wish to bring anything to the Court’s attention
about the Settlement, you should provide it in writing according to Paragraph 17 above.
19. When and where will the Court decide whether to approve the settlement?
The Court is presently scheduled to hold a Final Approval hearing on June 27, 2016 at 9:30 a.m., at the
United States District Court for the Central District of California, Courtroom 650, 255 East Temple
Street Los Angeles, CA 90012-3332. Please note that the hearing may be postponed or canceled
without further notice to the Class. Thus, if you plan to attend the hearing, you should check the
website at http://happybirthdaylawsuit.com or through the Court’s Public Access to Court Electronic
Records (PACER) system at https://ecf.cacd.uscourts.gov.
At the Final Approval Hearing, the Court will consider whether the settlement is fair, reasonable, and
adequate. If there are objections, the Court will consider them at that time. The Court may listen to
people who have asked to speak at the hearing. The Court may also decide how much to pay Plaintiffs’
Class Counsel and how much incentive compensation to award the Plaintiffs for their efforts in
litigating this case and achieving this Settlement. After the Final Approval hearing, the Court will
decide whether to approve the Settlement. We do not know how long these decisions will take.
20. Do I have to come to the hearing?
No. Plaintiffs’ Counsel will answer any questions the Court may have. But you are welcome to come
at your own expense. If you submit an objection, you do not have to come to Court to talk about it. As
long as you submitted your written objection on time, the Court will consider it. You may also pay
your own lawyer to attend, but it is not necessary for you to do so.
21. May I speak at the hearing?
If you timely file an objection to the Settlement, you may also ask the Court for permission to speak at
the Final Approval hearing. To do so, you must include the words “I intend to appear at the Final
Approval hearing” in your written objection, which must be filed according to the procedure described
in Paragraph 17 above. Your comments at the Final Approval Hearing will be limited to those reasons
that are included in your written objection. You cannot speak at the Final Approval Hearing if you
exclude yourself from the Settlement.
GETTING MORE INFORMATION
22. Are there more details about the settlement?
This Notice summarizes the proposed settlement. More details are in the Settlement Agreement. If
there is any discrepancy between this Notice and the Settlement Agreement or the Court’s order
granting preliminary approval, the Settlement Agreement or Court’s order will control. You can
review a copy of the Settlement Agreement or Court’s Order granting preliminary approval at website
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at http://happybirthdaylawsuit.com or through the Court’s Public Access to Court Electronic Records
(PACER) system at https://ecf.cacd.uscourts.gov.
23. How do I get more information?
If you have other questions about the settlement, you can go to the website at
http://happybirthdaylawsuit.com or contact the Claims Administrator or Class Counsel at the addresses
and/or telephone numbers below:
Happy Birthday Lawsuit Settlement
Rust Consulting, Inc.
[CITY, STATE ZIP]
[PHONE]
[FAX]
[EMAIL]
Or
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 DIRECTLY WITH QUESTIONS.
THE COURT WILL NOT ANSWER ANY OF YOUR QUESTIONS.
DATED: [Insert Date of Mailing]

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