FOX TELEVISION STATIONS, INC., et al v. AEREOKILLER LLC, et al

Filing 27

Joint MOTION for Preliminary Injunction by ALLBRITTON COMMUNICATIONS COMPANY, AMERICAN BROADCASTING COMPANIES, INC., CBS BROADCASTING, INC., CBS STUDIOS, DISNEY ENTERPRISES, INC., FOX BROADCASTING COMPANY, INC., FOX TELEVISION STATIONS, INC., GANNETT CO., INC., NBC STUDIOS LLC, NBC SUBSIDIARY (WRC-TV), LLC, OPEN 4 BUSINESS PRODUCTIONS LLC, TELEMUNDO NETWORK GROUP LLC,, TWENTIETH CENTURY FOX FILM CORPORATION, UNIVERSAL NETWORK TELEVISION LLC (Attachments: # 1 Memorandum in Support, # 2 Appendix, # 3 Declaration of Julie Shepard, # 4 Declaration of Sherry Brennan, # 5 Declaration of Samuel Bahun Part 1 of 5, # 6 Declaration of Samuel Bahun Part 2 of 5, # 7 Declaration of Samuel Bahun Part 3 of 5, # 8 Declaration of Samuel Bahun Part 4 of 5, # 9 Declaration of Samuel Bahun Part 5 of 5, # 10 Declaration of Barbara Wall, # 11 Declaration of Carly Seabrook, # 12 Declaration of Daniel Kummer, # 13 Declaration of Marsha Reed, # 14 Declaration of Rebecca Borden, # 15 Declaration of William Lord, # 16 Text of Proposed Order)(Smith, Paul). Added MOTION for Hearing on 8/2/2013 (rdj).

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

FOX TELEVISION STATIONS, INC., et al.

Case No.1: 13-cv-00758 (RMC)

Plaintiffs & CounterDefendants,
v.
AEREOKILLER LLC, et al.
Defendants & CounterPlaintiffs.

DECLARATION OF CARLY SEABROOK
I, CARL Y SEABROOK, hereby declare, under penalty of perjury, that the following
statements are true and correct, to my personal knowledge, except those stated upon information
and belief, and as to all such facts stated upon information and belief, I am informed and believe
that the same are true based on business records I understand are maintained in the regular course
of business:
1.

I am Director, Copyright Administration for NBCUniversal Media, LLC

("NBCUniversal") and its subsidiaries and affiliates. In this position I am responsible for,
among other things, managing the filing of copyright registrations with the Copyright Office
with respect to television programs and films owned by NBCUniversal and its subsidiaries and
affiliates and maintaining an information database with respect to those registrations. I have held
this title since approximately December 2010, have had primary responsibility for the foregoing
job duties since April 2009, and before that I had similar primary responsibilities, except they
were limited to television programs, not films.

2.

I am informed and believe that attached as Exhibit 1 hereto is a non-exhaustive

list of programs owned by NBCUniversal or its subsidiaries or affiliates, that were broadcasted
on television stations affiliated with the NBC Television Network, including WRC-TV in
Washington D.C. and WNBC-TV in New York, between May 23,2013 and July 6,2013, and
that Exhibit 2 contains true and correct copies of the copyright registrations for the works listed
in Exhibit 1. These registrations are maintained by NBCUniversal in the ordinary course of
business. It is my understanding that other episodes of NBC-owned television series have been
aired on these same stations (as original or repeat airings) at various times between May 23,
2013, and the present.
Executed this --'-''''-'''- day

of_!..!wL~ __'

2

2013 at Universal City, California.

EXHIBIT 1

No.

Program Title

Broadcast Date

Copyright Owner

Registration

1.

The Office: “Couples Discount”

5/23/2013

Universal Network
Television LLC

PA 1-837-610

2.

Parks and Recreation: “Ms.
Knope Goes To Washington”

5/23/2013

Open 4 Business
Productions LLC

PA 1-812-025

3.

Saturday Night Live - #1629

5/25/2013

NBC Studios LLC

PA 1-830-270

4.

The Tonight Show with Jay
Leno - #4441

5/27/2013

NBC Studios LLC

PA 1-844-032

5.

Parks and Recreation: “Leslie
and Ben”

6/13/2013

Open 4 Business
Productions LLC

PA 1-841-356

6.

Saturday Night Live - #1626

6/22/2013

NBC Studios LLC

PA 1-823-555

7.

Saturday Night Live - #1635

7/6/2013

NBC Studios LLC

PA 1-841-343

Exhibit 1 (Seabrook).docx

EXHIBIT 2

Certificate of Registration
This Certificate issued under the seal of the Copyright
Office in accordance with title 17, United States Code,
attests that registration has been made for the work
identified below. The information on this certificate has
been made a part ufthe Copyright Office records.

Registration Number

PA 1-837-610
Effective date of
registration:

Register of Copyrights, United Stales of America

March 1, 2013

Title - - - - - - - - - - - - - - - - - - - - - - - - - - - - TItle of Work: Couples Discount - (The Office)

Completion/Publication - - - - - - - - - - - - - - - - - - - - Year of Completion:
Date of lst Publication:

2012
February 7, 2013

Nation of lst Publication: United States

Author
•

Author:
Author Created:

Work made for hire:
Citizen of:

Universal Network Television LLC
production/producer
Yes
United States

Domiciled in:

United States

Copyright claimant
Copyright Claimant:

Universal Network Television LLC
100 Universal City Plaza, Universal City, CA, 91608

Certification
Name:
Date:

Carly Seabrook
February 27, 2013

Page lof 1

Registration #: PA00018376JO
Service Request #: 1-898639588

=

===

Universal City Studios LLC
Carly Seabrook
100 Universal City Plaza
Bldg. 1280, 6th Floor
Universal City, CA 91608

Certificate of Registration
This CertiJicate issued under the seal of the Copyright
Office in accordance with title 17, United States Code,
attests that registration has been made for the work
identified below. The information on this certificate has
been made a part of the Copyright Office records.

Cl

:c
';I

;,/-

Registration Number

PA 1-812-025

o
....",>r

·".r. I R 7 0 • ~')

Effective date of
registration:
Register of Copyrights, United States of America

September 27,2012

Title ---------------------------------------------------------Title of Work: Ms. Knope Goes To Washington - (Parks and Recreation)

Com pletion I Publication
Year of Completion:
Date of 1st Publication:

2012
September 20, 2012

Nation of Ist Publication: United States

Author
•

Author:
Author Created:

Work made for hire:
Citizen of:

Open 4 Business Productions LLC
production/producer
Yes
United States

Domiciled in:

United States

Copyright claimant
Copyright Claimant:

Open 4 Business Productions LLC

100 Universal City Plaza, Universal City, CA, 91608

Certification
Name:
Date:

Carly Seabrook
September 25,2012

Page lof I

Registration #: PADOOl R12025
Service Request #: 1-828356398

Universal City Studios LLC
Carly Seabrook
100 Universal City Plaza
Bldg. 1280, 6th Floor
Universal City, CA 91608

"";'.

I

Certificate of Registration
This Certificate issued under the seal of the Copyright
Office in accordance with title 17, United States Code,
attests that registration has been made [or the work
identified below. The information on this certificate has
been made a part of the Copyright Office records.

PA 1-830-270
Effective date of
registration:

Register of Copyrights, United States of America

December 26,2012

Title - - - - - - - - - - - - - - - - - - - - - - - - - - - Title of Work: Saturday Night Live - # 1629

Completion/ Publication
Year of Completion:
Date of 1st PubUcation:

2012
December 8,2012

Nation of lst Publication: United States

Author
•

Author:
Author Created:

Work made for hire:
Citizen of:

NBC Studios LLC
entire motion picture
Yes
United States

Domiciled in:

United States

Copyright claimant
Copyright Claimant:

NBC Studios LLC

100 Universal City Plaza, Universal City, CA, 91608, United States

Certification
Name:
Date:

Carly Seabrook
December 20, 2012

Page lof 1

. . . . . . . . . #: PAOOOl830270

Service Request #: 1-&67384244

Universal City Studios LLC
Carly Seabrook
Universal Studios
100 Universal City Plaza, Bldg. 1280/6th floor
Universal City, CA 91608

Certificate of Registration
This Certificate issued under the seal of the Copyright
Office in accordance with title 17. Vllited States Code.
attests that registration has been made for the work
identified below. The information on this certificate has
been made a part of the Copyright Office records.

Registration Number

PA 1-844-032
Effective date of
registration:
Register of Copyrights. United States of America

April 26. 2013

Title
Title of Work: The Tonight Show with Jay Leno - #4441

Completion / Publication
Year of Completion:
Date of lst Publication:

2013
April 9. 2013

Nation of 1st Publication: United States

Author
•

Author:
Author Created:

Work made for hire:
Citizen of:

NBC Studios LLC
production/producer
Yes
United States

Domiciled in:

United States

Copyright claimant
Copyright Claimant:

NBC Studios LLC
100 Universal City Plaza. Universal City. CA. 91608

Certification
Name:

early Seabrook

Date:

April 24, 2013

Page 10f 1

Registration #: PAOOOl844032
Service Request #: 1-925265726

Universal City Studios LLC
Carly Seabrook
100 Universal City Plaza
Bldg. 1280, 6th Floor
Universal City, CA 91608

Certificate of Registration
This Certificate issued under the seal of the Copyright
Office in accordance with title 17, United States Code,
attests that registration has been made for the work
identified below. The information on this certificate has
been made a part of the Copyright Office records.

Registration Number

PA 1-841-356
Effective date of
registration:
Register of Copyrights, United States of America

March 20, 2013

Title
Title of Work: Leslie and Ben - (Parks and Recreation)

Completion I Publication
Year of Completion:
Datc of 1st Publication:

2012
February 21, 2013

Nation of 1st Publication: United States

Author
•

Author:
Author Created:

Work made for hire:
Citizen of:

Open 4 Business Productions LLC
production/producer
Yes
United States

Domiciled in:

United States

Copyright claimant
Copylight Claimant:

Open 4 Business Productions LLC
100 Universal City Plaza, Universal City, CA, 91608

Certification
Name:

Carly Seabrook

Date:

March 18,2013

Page lof I

Registration #: PA0001841356
Service Request #: 1-907533954

Universal City Studios LLC
Carly Seabrook
100 Universal City Plaza
Bldg. 1280, 6th Floor
Universal City, CA 91608

Certificate of Registration
This Certificate issued under the seal of the Copyright
Office in accordance with title 17. United States Code,
attests that registration has been made for the work
identified below. The information on this certificate has
been made a part of the Copyright Office records.

Registration Number

PA 1-823-555
Effective date of
registration:

Register of Copyrights, United States of America

November 19,2012

Title
Title of Work: Saturday Night Live - # 1626

Completion I Publication
Year of Completion:

2012

Date of 1st Publication: November 3. 2012

Nation of Ist Publication: United States

Author
•

Author:
Author Created:

Work made for hire:
Citizen of:

NBC Studios LLC
entire motion picture
Yes
United States

Domiciled in:

United States

Copyright claimant
Copyright Claimant:

NBC Studios LLC
100 Universal City Plaza, Universal City, CA, 91608, United States

Certification
Name:
Date:

Carly Seabrook
November 15,2012

Page I of 1

Registration #: PAOOO 1823555

Service Request #: 1-851312115

Universal City Studios LLC
Carly Seabrook
Universal Studios
100 Universal City Plaza, Bldg. 1280/6th floor
Universal City, CA 91608

Certificate of Registration
This Certificate issued under the seal of the Copyright
Office in accordance with title 17. United States Code.
attests that regi.~tralion has been made for the work
identified below. The information on this certificate has
been made a part of the Copyright Office records.

Registration Number

PA 1-841-343
Effective date of
registration:
Register of Copyrights. United States of America

March 20, 2013

Title
Title of Work: Saturday Night Live - #1635

Completion/Publication - - - - - - - - - - - - - - - - - - - - Year of Completion:
Date of lst Publication:

2013
March 2, 2013

NatWn of lst Publication: United States

Author
•

Autbor:
Author Created:

Work made for bire:
Citizen of:

NBC Studios LLC
entire motion picture
Yes
United States

Domiciled in:

United States

Copyright claimant
Copyright Claimant:

NBC Studios LLC
100 Universal City Plaza, Universal City, CA, 91608. United States

Certification
Name:

Carly Seabrook

Date:

March 18. 2013

Page lof I

Registration #: PAOOOl841343
Service Request #: 1-907478906

Universal City Studios LLC
Carly Seabrook
Universal Studios
\00 Universal City Plaza, Bldg. 1280/6th floor
Universal City, CA 91608