Bryan Pringle v. William Adams Jr et al

Filing 22

opposition opposition re: EX PARTE APPLICATION for Temporary Restraining Order as to Copyright Infringement and OSC re Preliminary Injunction 15 filed by Defendants Cherry River Music Co, Stacy Ferguson, Jaime Gomez, Headphone Junkie Publishing LLC, Jeepney Music Inc, William Adams Jr, Allan Pineda, Tab Magnetic Publishing, Will.I.Am Music LLC. (Attachments: # 1 Declaration of K. Cenar, # 2 Declaration of Laykin, # 3 Declaration of Riesterer)(Pink, Jonathan)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10

SOUTHERN DIVISION

11
12
13
14

BRYAN PRINGLE, an individual,
Plaintiff,
vs.

WILLIAM ADAMS, JR.; STACY
15 FERGUSON; ALLAN PINEDA; and
JAIME GOMEZ, all individually and
16 collectively as the music group The
Black Eyed Peas, et al.,
17
Defendants
18

Case No. SACV 8:10-CV-01656 JST
(RZx)
DECLARATION OF FREDERIC
RIESTERER IN OPPOSITION TO
PLAINTIFF’S EX PARTE
APPLICATION FOR TEMPORARY
RESTRAINING ORDER AND
ORDER TO SHOW CAUSE RE
INJUNCTION

19
20
21
22
23
24
25
26
27
28
NY874234.4
213532-10003

DECLARATION OF
FREDERIC RIESTERER

DECLARATION OF FREDERIC RIESTERER

1
2

I, FREDERIC RIESTERER, declare as follows:
1.

3

I am a songwriter and co-author, along with David Guetta

4

(“Guetta”), of the musical background component of the hit song “I Gotta

5

Feeling”, the musical lyrics of which were composed by the group The Black

6

Eyed Peas.
2.

7

I have personal knowledge of the facts hereinafter stated, and I

8

submit this declaration in opposition to Plaintiff’s Application for Temporary

9

Restraining Order and Order to Show Cause Re Preliminary Injunction.
3.

10

I understand that Plaintiff claims that a portion of the hit song “I

11

Gotta Feeling” was copied from a derivative version of a song he composed

12

entitled “Take a Dive.” In particular, I understand that Plaintiff claims the

13

four-note “guitar twang sequence” of “I Gotta Feeling” was copied from

14

“Take a Dive.” This is not true. As discussed below, “I Gotta Feeling”,

15

including the guitar twang sequence, was independently created and was not

16

copied from any work by Plaintiff.
4.

17

The guitar twang sequence of “I Gotta Feeling”, which I

18

composed in my personal studio in Paris from October 2008 through February

19

or March 2009, was derived from a song entitled “Love is Gone.” I

20

composed “Love is Gone” in my studio from November 2006 through May

21

2007 and the music mixing was recorded at Square Production Studios in

22

Paris in March 2007. The guitar twang sequence of “Love is Gone”, in turn,

23

was derived from a song titled “Never Mind”, which I composed on February

24

4, 2007.

25

5.

The guitar twang sequence of “Never Mind” (which was

26

subsequently used in “Love is Gone” and then in “I Gotta Feeling”) was

27

licensed from a French music library known as Univers Sons. I have been

28
NY874234.4
213532-10003

DECLARATION OF
FREDERIC RIESTERER

1

working with the Univers Sons sound library, and participated in beta testing

2

of its music library software, since January 2000.
6.

3

The guitar twang sequence ultimately used in “I Gotta Feeling”

4

was known as “Strat with SM57 Crunchy” in the Univers Sons music library.

5

That musical sequence was recorded by Univers Sons in February 2001 using

6

a Fender Stratocaster electric guitar, a Fender amplifier and a Shure SM57

7

microphone. It is my understanding that this musical sequence had its official

8

launch in October 2004 and became part of what is known as “Plugsound

9

Volume 2: Fretted Instruments” which became part of the Plugsound Box in

10

2004. I later took the music sequence from that Plugsound product for use in

11

“Never Mind”.

12

7.

I have never had access to any musical works created by Plaintiff

13

Bryan Pringle, and no music publisher, record company, or other individual,

14

ever provided me with a copy of any of Pringle’s works. As discussed above,

15

the guitar twang sequence of “I Gotta Feeling” originated with, and was

16

licensed from Univers Sons.
I declare under penalty of perjury under the laws of the United States of

17
18

America that the foregoing is true and correct.

19
20

Executed this 23rd day of November 2010, at Paris, France.

21

/s/ Frederic Risterer
FREDERIC RIESTERER

22
23
24
25
26
27
28
NY874234.4
213532-10003

2

DECLARATION OF
FREDERIC RIESTERER