Don Henley et al v. Charles S Devore et al

Filing 81

DECLARATION of Lisa Thomas in support of MOTION for Partial Summary Judgment as to liability for copyright and Lanham Act claims 57 filed by Plaintiffs Mike Campbell, Don Henley, Danny Kortchmar. (Charlesworth, Jacqueline)

Don Henley et al v. Charles S Devore et al

Doc. 81

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MORRISON & FOERSTER LLP JACQUELINE C. CHARLESWORTH (pro hac vice) [e-mail] CRAIG B. WHITNEY (CA SBN 217673) [e-mail] TANIA MAGOON (pro hac vice) [e-mail] 1290 Avenue of the Americas New York, New York 10104 Telephone: [phone] Facsimile: 212.468.7900 PAUL GOLDSTEIN (CA SBN 79613) [e-mail] 559 Nathan Abbott Way Stanford, California 94305-8610 Telephone: [phone] Facsimile: 650.327.0811 Attorneys for Plaintiffs DON HENLEY, MIKE CAMPBELL and DANNY KORTCHMAR

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA DON HENLEY, MIKE CAMPBELL and DANNY KORTCHMAR, Plaintiffs, v. CHARLES S. DEVORE and JUSTIN HART, Defendants. Case No. SACV09-0481 JVS (RNBx) DECLARATION OF LISA THOMAS IN SUPPORT OF PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT Date: June 1, 2010 Time: 10:00 A.M. Ctrm: Hon. James V. Selna

DECLARATION OF LISA THOMAS IN SUPPORT OF PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT (SACV09-0481 JVS (RNBx))

ny-924359
Dockets.Justia.com

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I, Lisa Thomas, pursuant to 28 U.S.C. § 1746, hereby declare: 1. This declaration is being submitted in support of Plaintiffs' motion for

partial summary judgment. I have personal knowledge of the following facts, and, if called upon as a witness, could and would competently testify about the matters stated herein. 2. I am the owner of Lisa Thomas Music Services, LLC. In that capacity, I act

as a licensing representative for the copyrighted works of a number of well-known songwriters and recording artists, including Don Henley. Prior to launching my own music administration service in 1993, I was a paralegal at the firm of Gang, Tyre, Ramer & Brown, where I also handled music licensing for Mr. Henley. I first began representing Mr. Henley's music publishing interests in 1989. 3. When I receive a request for one of Mr. Henley's songs, I first gather all of

the necessary information, including details of the proposed use, and then forward a description of the request to Mr. Henley for his consideration. 4. Mr. Henley is selective in the licensing of his music. In my experience, his

primary concern is whether the proposed use is a good "fit" with the requested song, as well as whether it would be damaging to the integrity or reputation of the song. 5. I receive several hundred requests to use Mr. Henley's music each year. Of

these, Mr. Henley authorizes me to issue quotes for at least one-quarter to one-third of the proposed uses. Those who agree to our fee requests and licensing terms ­ a smaller number, of course ­ are issued licenses. Of Mr. Henley's solo work, "The Boys of Summer" is the most heavily requested song. 6. In recent years, I have been authorized by Mr. Henley to provide quotes

and/or issue licenses for a wide variety of secondary uses, including the following: Feature films Film trailers Documentaries Television programs
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ny-924359
DECLARATION OF LISA THOMAS IN SUPPORT OF PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT (SACV09-0481 JVS (RNBx))