Eight Mile Style, LLC et al v. Apple Computer, Incorporated

Filing 107

MOTION to Strike 79 Statement, 74 Response to Motion,,,,,,,,,,,,, Declaration of Patrick Sullivan and Statement of Material Facts and Conditional Motion to Strike Plaintiffs' Late-Produced Documents by Aftermath Records, Apple Computer, Incorporated. (Attachments: # 1 Index of Exhibits TO DEFENDANTS AFTERMATH RECORDS AND APPLE INC.S MOTION TO STRIKE DECLARATION OF PATRICK SULLIVAN AND PLAINTIFFS STATEMENT OF MATERIAL FACTS AND CONDITIONAL MOTION TO STRIKE PLAINTIFFS LATE-PRODUCED DOCUMENTS, # 2 Exhibit Declaration of Melinda LeMoine In Support of Defendants Aftermath Records and Apple Inc.s Motion to Strike Declaration of Patrick Sullivan and Plaintiffs Statement of Material Facts and Conditional Motion to Strike Plaintiffs Late-Produced Documents, # 3 Exhibit 1-A: Excerpts of transcript pages from the depositions of Patrick Sullivan taken on September 18, 2008 and October 1, 2008, # 4 Exhibit 1-B: E-mail between Ramona DeSalvo and Patrick Sullivan, dated August 27, 2008, # 5 Exhibit 1-C: E-mail between Ramona DeSalvo and Patrick Sullivan, dated August 20, 2008, # 6 Exhibit 1-D: Plaintiff Eight Mile Style, LLCs Responses to Defendants First Set of Interrogatories, dated March 21, 2008, # 7 Exhibit 1-E: Plaintiff Martin Affiliated, LLCs Responses to Defendants First Set of Interrogatories, dated March 21, 2008, # 8 Exhibit 1-F: Plaintiff Eight Mile Style, LLCs Responses to the Defendants First Set of Requests for Production of Documents, dated March 21, 2008, # 9 Exhibit 1-G: Plaintiff Martin Affiliated, LLCs Responses to Defendants First Requests for Production of Documents, dated March 21, 2008, # 10 Exhibit 1-H: Plaintiff Eight Mile Style, LLCs Responses to the Defendants Second Set of Requests for Production of Documents, dated August 8, 2008, # 11 Index of Exhibits 1-I: Plaintiff Martin Affiliated, LLCs Responses to Defendants Second Set of Requests for Production of Documents, dated August 8, 2008, # 12 Exhibit 1-J: Plaintiff Eight Mile Style, LLCs Responses to Defendants Second Set of Interrogatories, dated August 8, 2008, # 13 Exhibit 1-K: Plaintiff Martin Affiliated, LLCs Responses to Defendants Second Set of Interrogatories, dated August 8, 2008, # 14 Exhibit 2: Anderson v. United States, 39 Fed. Appx. 132, 2002 WL 857742 (6th Cir. May 3, 2002)) (Klaus, Kelly)

Eight Mile Style, LLC et al. v. Apple Computer Inc., et al. Case No. 2:07-CV-13164

EXHIBIT 1-E Plaintiff Martin Affiliated, LLC's Responses to Defendants' First Set of Interrogatories, dated March 21, 2008

5005843.1

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

EIGHT

MILE STYLE LLC

and

MARTIN AFFILIATED
Plaintiffs

LLC

Case

No

207-cv-13

164

vs

Hon Anna
Magistrate

Diggs Taylor Judge Donald
Scheer

APPLE

COMPUTER

INC

and
cl/b/a

AFTERMATH AFTERMATH

RECORDS ENTERTAINMENT
Defendants

Howard
Hertz

Hertz

Schram

P26653 PC
Road
48302

Richard

Busch Ballow
Street Street

TN BPR14594
Plaza

King

1760 South Telegraph Bloomfield Hills

300

1100 Union 315 Union
Nashville

MI

248

335-5000

TN

37201

[e-mail]
Attorneys
for Plaintiffs

615

259-3456
corn

rbuschkingballow
Attorneys
for

Plaintiffs

PLA1NTIFF

MARTIN AFFILIATED LLCS RESPONSES FIRST SET OF INTEROGATORIES
Affiliated

TO DEFENDANTS

Plaintiff

Martin

LLC

Martin

provides

the

following

objections

and

responses

to

the

First

Set of Interrogatories

Interrogatories

propounded

by Defendants

Apple

Inc

named

as

Apple Computer

Inc

and Aftermath Records

d/b/a

Aftermath Entertainment

GENERAL
The
following General Objections

OBJECTIONS
apply
to

and

are

incorporated

in

each

and

every

response

to

each

and every

Interrogatory

whether

or not

such

General

Objections

are

expressly

incorporated

by reference

in

such

response

Martin

objects

to

the Interrogatories

to

the extent

they

collectively

or individually

seek

information

subject

to

or

protected

by

the

attorney-client

privilege

the

attorney

work

product

privilege

or any

other privilege

or protection

from disclosure

Martin

hereby

invokes

all

such

privileges

to

the

extent

implicated

by

each

Interrogatory

and

excludes

privileged

and

protected

information

from

its

responses

to

the

Interrogatories

Any

disclosure

of

information

protected

by

those

privileges

is

inadvertent

and

is

not

intended

to

waive

any

privilege

or

protection

Martin

objects

to

the

Interrogatories

to

the

extent

they

purport

to

impose

on

Martin any obligation

that

is

different

from or

greater

than

any imposed by the Federal

Rules

of

Civil

Procedure

the

Local

Rules

of the

United

States

District

Court

for

the

Eastern

District

of

Michigan

or any other applicable

law or rule

Martin

objects

to

the

Interrogatories

as

duplicative

unduly

burdensome

and

harassing

to

the

extent

they

seek

information

that

is

equally

available

to

Defendants

or

information

that

could

be derived

or ascertained

by Defendants

with

substantially

the

same

effort

that

would be required

of Martin from review

of the documents

produced

in

this

case

Martin objects

to

the Interrogatories

to

the

extent

they

seek

information

that

is

not

in

Martins

possession

custody

or control

or that

is

publicly

available

Martin

objects

to

the

Interrogatories

to

the

extent

they

seek

information

that

is

confidential

proprietary

trade

secret

information

and/or

competitively

sensitive

material

Martin

will

disclose

such

responsive

non-privileged

information

only

upon

entry

of

and

in

accordance

with

the terms

of an appropriate

protective

order

To

the

extent

that

the

Interrogatories

seek

information

concerning

an

identified

contention

or factual

issue

Martin objects

that

the

Interrogatories

are

premature

Discovery

in

this

case

recently

commenced
Martins

and

Martin

has

not

completed

its

investigation

of

the

facts

relevant

to

this

case

responses

are

necessarily

preliminary

and

are

made

without

prejudice

to

its

right

to

disclose

introduce

or

rely

upon information

that

may

be

later discovered

or produced

In

responding

to

the

Interrogatories

Martin

does

not

waive

or intend

to

waive

any

privilege

or

objection

including

but

not

limited

to

any

objections

to

the

competency

relevance

materiality

or

admissibility

of any

of

the

information

disclosed

in

response

to

the

Interrogatories

No

objection

or

response

made

in

these

responses

and

objections

shall

be

deemed

to

constitute

representation

by

Martin

as

to

the

existence

or

non-existence

of

the

information

requested

Martin

objects

to

the

Interrogatories

as

vague

ambiguous

overly

broad

and

unduly

burdensome

to

the

extent

any Interrogatory

requires Martin

to

provide

information

that

is

different

from

or

at

different

time

than

as

required

under

Federal

Rule

of

Civil

Procedure

26a2
Martin
objects
to

the

Interrogatories

as

vague

ambiguous

overly

broad

and

unduly

burdensome

to

the

extent

any

Interrogatory

commands

or

requires

Martin

to

provide

responses

or documents

in

any manner

or to

any extent

that

is

different

that

the scope

provided

by Rules

33

and 34 of the Federal

Rules

of

Civil

Procedure

OBJECTIONS AND RESPONSES

TO INTERROGATORIES

INTERROGATORY NO.1
Identify
all

works

for

which You seek

relief

through

Your Complaint

RESPONSE

TO INTERROGATORY NO.1
its

Martin incorporates

General

Objections

above

Subject

to

and

without

waiver

of the foregoing

General

Objections

Martin

responds

that

any relevant

information

that

may

be

within

the

scope

of this Interrogatory

may

be

determined

by Defendants

examination

of the Complaint

filed

in this

matter

in

particular

paragraph

and

collective

Exhibit

attached

to

the

Complaint

Defendants

are

in possession

of the

Complaint

and Exhibit

referenced

therein

and the burden of deriving

that

information

is

substantially

the

same

for

Defendants

as for Martin

and therefore Martin

refers

Defendants

to

same

See

Fed

Civ

33d
case
is

Further

see

Schedule

Plaintiffs

Compositions

attached

hereto

Discovery

in

this

ongoing

and Martin

reserves

the right to

supplement

or

amend

this

response

at

later

time

INTERROGATORY NO.2
For each work
identified in

Your

response

to

Interrogatory

No

above

Identi

all

Persons

who have

an

ownership

interest

in that

work

RESPONSE
See

TO INTERROGATORY NO.2
Response
to

Interrogatory

INTERROGATORY NO.3
Identify
all

Persons

with

knowledge

of any of the

matters

alleged

in

Your Complaint

RESPONSE
Martin

TO INTERROGATORY NO.3
incorporates
its

General

Objections

above

Martin

specifically

objects

to

this

Interrogatory

to

the

extent

it

calls

for

information

protected

by

the

attorney-client

privilege

and

work

product

doctrine

Martin

further

objects

to

this

Interrogatory

as

overly

broad

ambiguous

and unduly

burdensome

in

that

it

is

not

possible

for

Martin

to

know

all persons

who

have

knowledge
or the

of the

same

or

what

an

unknown

third

person

may have
that

read

about

the

Complaint

allegations

therein

Martin

further

objects

on the grounds

the

Interrogatory

is

vague

and

ambiguous

with

respect

to

the

term

knowledge
to

of

the

Complaint

and

its

allegations

Martin

further

objects

to this Interrogatory

the

extent

the

information

requested

is

within

the

possession

custody

or control

of Defendants

Martin

further

objects

to

this

Interrogatory

to

the

extent

the

information

requested

requires an

expert

opinion

Subject

to

and without

waiver

of the

foregoing

General

and Specific Objections

Martin

states

Joel

Martin

who maybe

contacted

through

Plaintiffs

counsel

of record

INTERROGATORY NO.4
For each
claim
set forth in

Your

Complaint

separately

Identi

the

amount

of damages

and/or

losses

that

You

have

allegedly

suffered

under

each

claim

and

provide

detailed

calculation

illustrating

how You

arrived

at

each

amount

and the methodology

used

to

reach

each

damage

calculation

RESPONSE
Martin

TO INTERROGATORY NO.4
incorporates
its

General

Objections

above

Martin

specifically

objects

to

this

Interrogatory

to

the

extent

it

calls

for

information

protected

by the

attorney-client

privilege

and

work

product

doctrine

Martin

ifirther

objects

to

this

Interrogatory

to

the extent

the information

requested

is

within

the

possession

custody

or

control

of Defendants

Martin

further

objects

to

this Interrogatory

to

the extent

the information

requested

requires an

expert

opinion

Subject

to

and without

waiver

of the foregoing

General

and Specific

Objections

Martin

states

that

any

relevant

information

that

may

be

within

the

scope

of this

Interrogatory

may

be

determined

by Defendants

examination

of the Complaint

filed

in this

matter

Defendants

are

in

possession

of the

Complaint

therefore

the

burden of deriving

that

information

is

substantially

the

same

for

Defendants

as for

Martin

See

Fed

Civ

33d
Affiliated

As

set

forth

in

the

Complaint

Eight

Mile and Martin

LLC

contend

that

as

result

of Defendants

willful

copyright

infringement

by the authorized

reproduction

distribution

and

sale

of

Plaintiffs

copyrighted

compositions

identified

in

Exhibit

to

the

Complaint

Plaintiffs

are

entitled

to

their

actual

damages

which

is

the

subject

of expert

opinion

and the

profits

of Apple

that

are

attributable

to

the

digital

reproduction

sale

and

distribution

of

Plaintiffs

compositions

or

alternatively

statutory

damages

of

up

to

$150000

per

act

of

infringement

Plaintiffs

also

seek

additional

remedies

including

attorneys

fees

and

costs

pursuant

to

17

U.S.C

505

injunctive

relief

and declaratory

relief

Discovery

in

this

case

is

ongoing

and Martin

reserves

the

right

to

supplement

this

response

at

later

time

INTERROGATORY NO.5
Identify
all

facts

that

support

Your

contention

that

Eight

Mile and Martin

have

never

authorized

Universal

to

license

the

works

to

Apple

as

alleged

in

Paragraph

12

of

Your

Complaint

RESPONSE
Martin

TO INTERROGATORY NO.5
incorporates
its

General

Objections

above

Martin

specifically

objects

to

this

Interrogatory

to

the

extent

it

calls

for

information

protected

by the

attorney-client

privilege

and

work

product

doctrine

Martin

ifirther

objects

to

the

extent

this

Interrogatory

to

the

extent

it

seeks

legal

conclusion

and

to

the extent

the information

requested

requires an

expert

opinion

Subject

to

and without

waiver

of

the

foregoing

General

and Specific

Objections

Martin

states

to

the

best

of

its

knowledge

Plaintiffs

have

never

authorized

Universal

to

license

Plaintiffs

compositions

to

Apple

Plaintiffs

are

the

owners

of the

composition

copyrights

set

forth

in Exhibit

to

the

Complaint

and Schedule

identified

in response

to

Interrogatory

As

the

exclusive

owners

of

the

musical

composition

copyrights

the

exclusive

right

among

others

to

reproduce

and

distribute

those

copyrighted

works

resides

with

Plaintiffs

or

those

who

Plaintiffs

authorize

to

reproduce

or distribute

said

works

Plaintiffs

have

not

authorized

Apple

or permitted

Aftermath on

Plaintiffs

behalf

to

authorize

Apple

to

reproduce

distribute

and

sell

Plaintiffs

copyrighted

compositions

much

less

reproduce

distribute

and

sell

them

without

compensation

to

either

or both

of the Plaintiffs

Plaintiffs

specifically

have

rejected

licenses

requested

and proposed

by Aftermath

for

digital

phonorecord

delivery

DPD
licenses

to

Plaintiffs

and

Plaintiffs

advised

Aftermath

that

Plaintiffs

would

not

execute

the

DPD

prepared

by

or

for

Aftermath

Specifically

Joel

Martin

advised

Chad

Gary

Pat Blair

and others

at

UMG
for

Aftermaths

co-venturer

that

Plaintiffs

would

not

execute

Aftermaths

standard

licenses

digital

phonorecord

deliveries

If

any

digital

licenses

were

to

be

executed

at

all

they

would

have

to

contain

restrictions

and

limitations

as

dictated

by

Plaintiffs

including

but

not

limited to

limit

on duration

of term

specified

territory

and

requirements

regarding

accounting

Aftermath was

advised

that

Plaintiffs

would

only

execute

digital

license

prepared

by

Plaintiffs

For each

proposed

license

sent to

Plaintiffs

by Aftermath

which

contained

provision

purporting

to

license

the

digital

reproduction

and

distribution

of Plaintiffs

compositions such

licenses

were

denied

were

not

executed

and were

not

returned

to

Aftermath

but

such

rejected

licenses

were

retained

by

Plaintiffs

Aftermath

subsequently

sent modified

licenses

for

the reproduction

and

distribution

of Plaintiffs

works

in

physical

format

only

and omitted

provisions

regarding

the

digital

reproduction

and

distribution

of

Plaintiffs

compositions which

modified

licenses

comported with

Plaintiffs

refusal

to

execute

Defendant
joint

Aftermath Records between

doing

business

as

Aftermath

Entertainment

Aftermath
partnership of division

is

venture

three entities

Interscope

Records
an
to

California general unincorporated

the

Interscope Recordings

Partnership

Tnterscope corporation

Records
authorized

UMG

UMG
Partnership

Inc
and
is

Delaware

do business

ARY
general division

Inc

California

corporation of
three

ARY
entities

in

the

State

of

California

The

Interscope Interscope

Records Records
an

partnership of

comprised

unincorporated

15MG

15MG

and

PM

Productions

Tnc

Delaware

Corporation

Aftermaths proposed

digital

licenses

of Plaintiffs

works

Further

Joel

Martin

advised

Pat

Blair

of Aftermath

see

th.1

to

segregate

all

of

Plaintiffs

licenses

such

that

none of

Plaintiffs

licenses

would authorize

digital

reproduction

and

distribution

but

only the mechanical

reproduction

and

distribution

of physical product

In

addition

Plaintiffs

are

cognizant

of

the

difference

between

mechanical

license

for

physical

product

such

as

compact

disc

and

DPD

license

for

the reproduction

and

distribution

of Plaintiffs

compositions

in

digital

format

INTERROGATORY NO.6
Identify
all

facts

that

support

Your

contention

that

Eight

Mile and Martin

have

never

authorized

Universal

to

engage

in

reproduction

or

distribution

of the

digital

transmissions

through

third

parties

or otherwise

as

alleged

in Paragraph

12

of Your

Complaint

RESPONSE
See

TO INTERROGATORY NO.6
Response
to

Interrogatory

INTERROGATORY NO.7
Identify
all

facts

that

support

Your

contention

that

Universal

has

on any

number

of

occasions

asked

Eight

Mile or Martin

to

execute

agreements

allowing

Apple

to

reproduce

and

distribute

the

digital

transmissions

but

Eight

Mile

and

Martin

have

not

provided

that

permission

as

alleged

in Paragraph

12

of Your Complaint

RESPONSE
See

TO INTERROGATORY NO.7
Response
to

Interrogatory

Further

on

single

occasion

Plaintiffs

may have
mastertones

entered

into

contract

with

Universal

with

very

nanow

scope

of rights

granted

for

to

cell

phones

with

limited term and

carefully

constructed

limitation

of rights

INTERROGATORY NO.8
Identify
all

facts

that

support

Your

contention

that

Eight
and

Mile

and

Martin

have

demanded

that

Apple

cease

and

desist

its

reproduction

distribution

of

the

digital

transmissions

of

the

Compositions

and Apple

has

refused

to

cease

and desist

as

alleged

in

Paragraph

14

of Your Complaint

RESPONSE
Martin

TO INTERROGATORY
incorporates
its

NO.8
Objections

General

above

Martin

specifically

objects

to

this

Interrogatory

to

the

extent

it

calls

for

information

protected

by the aftomey-client

privilege and

work

product

doctrine

Martin

further

objects

to

the

extent

this

Interrogatory

to

the

extent

it

seeks

legal

conclusion

and

to

the extent

the

information

requested

requires an

expert

opinion

Subject

to

and without

waiver

of the

foregoing

General

and Specific

Objections

Martin

states

that

subsequent

to

the

audit

performed

by the

Gary

Cohen

Corporation

Plaintiffs

put

Aftermath on notice

of the

accounting

irregularities

including

those

with

respect

to

the

digital

distribution

of

Plaintiffs

composition

Plaintiffs

also

sent

letter

to

Apple

on July

27

2007

instructing

Apple

to

cease

and

desist

from

the

further

unauthorized

use

of

Plaintiffs

compositions

See

Fed

Civ

33d

INTERROGATORY NO.9
Identify
all

facts

that

support

Your contention

that

Apples

conduct

has

at

all

times been

knowing

and willful as alleged

in Paragraph

18

of Your Complaint

RESPONSE
Martin

TO INTERROGATORY NO.9
incorporates
its

General

Objections

above

Martin

specifically

objects

to

this

Interrogatory

to

the

extent

it

calls

for

information

protected

by the

attorney-client

privilege and

work

product

doctrine

Martin

further

objects

to

the

extent

this

Interrogatory

to

the

extent

it

seeks

legal

conclusion

and

to

the extent

the information

requested

requires an

expert

opinion

Subject

to

and without

waiver

of the foregoing

General

and Specific

Objections

Martin

states

at

no time

did

Apple

enter

into

any

agreement

with

Plaintiffs

owners

of

the

musical

composition

copyrights

to

digital

reproduce

and

distribute

Plaintiffs

copyrighted

compositions

yet

Apple

reproduced

and

distributed

and

continues

to

reproduce

and

distribute

Plaintiffs

compositions

without

authorization

from

Plaintiffs

or

Plaintiffs

authorized

agent

Further

Plaintiffs

sent

cease

and

desist

letter

to

Apple

on July

27 2007 however
compositions

Apple has knowingly

and

willfully

failed

to

stop

the

infringement

of Plaintiffs

Moreover

this

action

conmienced

on July

30

2007 and Apple

filed

its

Answer

to

Plaintiffs

Complaint

on September

14

2007

however

Apple

has

knowingly

and

willfully

failed

to

stop

the

infringement

of

Plaintiffs

compositions

INTERROGATORY
Identify
all

NO 10
that

facts

support

Your

contention

that

Apples

intentionally

wrongful

conduct

described

herein

has

intentionally

interfered

in

Eight

Miles and Martins

existing

and

prospective

relationships

with

end users

of the

Compositions

who

download

the

Compositions

via

iTunes

as

alleged

in

Paragraph

21

of Your Complaint

RESPONSE
Martin

TO INTERROGATORY NO 10
incorporates
its

General

Objections

above

Martin

specifically

objects

to

this

Interrogatory

to

the

extent

it

calls

for

information

protected

by the

attorney-client

privilege and

work

product

doctrine

Martin

further

objects

to

the

extent

this

Interrogatory

to

the

extent

it

seeks

legal

conclusion

and

to

the extent

the information

requested

requires an

expert

opinion

Subject

to

and without

waiver

of the

foregoing

General

and Specific

Objections

Martin

states

Plaintiffs

own

interests

in

copyrighted

musical

compositions

see

Response

to

10

Interrogatory

No

and Schedule

Absent

violation

of any

of Plaintiffs

exclusive

rights

Plaintiffs

would

have

entered

into

agreements

with

end users

of

Plaintiffs

works

however

Apple

deprived

Plaintiffs

of the

right

to

enter into

such

agreements

by usurping

Plaintiffs

role

as

the exclusive

rights

holder

INTERROGATORY NO 11
Identify
all

facts

that

support

Your

contention

that

Apples
as

actions

described

above

constitute

unfair competition

with

respect

to

Eight

Mile and Martin

alleged

in

Paragraph

24

of Your Complaint

RESPONSE
Martin

TO INTERROGATORY NO 11
incorporates
its

General

Objections

above

Martin

specifically

objects

to

this

Interrogatory

to

the

extent

it

calls

for

information

protected

by the

attorney-client

privilege

and

work

product

doctrine

Martin

ffirther

objects

to

the

extent

this

Interrogatory

to

the

extent

it

seeks

legal

conclusion

and

to

the extent

the information

requested

requires an

expert

opinion

Subject

to

and without

waiver

of the

foregoing

General

and Specific

Objections

Martin

states

see

Response

to

Interrogatory

10

The

same

facts

set

forth

in

Interrogatory

10

cause

Apples

conduct

to

be unfair competition

Plaintiffs

as

owners

of the

copyrighted

musical

compositions

identified

in

Interrogatory

No
who

and Schedule

attached

hereto

have proprietary

rights

to

deal

with

or not

third

parties

wish

to

use

Plaintiffs

works

Apple

has

entered

into

business

relationship

with

end users and with

Aftermath

that

effectively

competes

with

Plaintiffs

for

the

use

of Plaintiffs

works

Holding

themselves

out

as

owners

of

Plaintiffs

copyrighted

work when

they

are not

constitutes

unfair competition

among

other violations

of

law

11

INTERROGATORY NO 12
Identify
all

facts

that

support

Your

contention

that

Apples

wrongful conduct

has

been

knowing

and willful

as

alleged

in Paragraph

25

of Your

Complaint

RESPONSE
Martin

TO INTERROGATORY
incorporates
its

NO

12
above
Martin
to this

General

Objections

specifically

objects

Interrogatory

to

the

extent

it

calls

for

information

protected

by the

attorney-client

privilege

and

work

product

doctrine

Martin

further

objects

to

the

extent

this

Interrogatory

to

the

extent

it

seeks

legal

conclusion

and

to

the extent

the

information

requested

requires an

expert

opinion

Subject

to

and without

waiver

of the

foregoing

General

and Specific

Objections

Martin

states

Defendants

have

knowledge

that

neither

of

them

are

owners

of

Plaintiffs

copyrighted

works

Further

Apple

is

aware

that

the unauthorized

use

of copyrighted

works

is

impermissible

Punch

Andrews

of Michigan

who

is

the

manager

for

Kid Rock

and Bob

Seger

put

Apple

on

notice

that

Apple

did

not

have

the

proper

publishing

licenses

and

demanded

those

works

be

taken

down

from Apples store

iTunes

Apple

responded by taking

down

the unlicensed

works

from iTunes

Thus

on demand

Apple

removed

the unauthorized

material

thereby

recognizing

its

obligation

to

remove

those

works from

its

store

because

Apple

did not

have valid

licenses for

those

works

In

this

action

despite

knowledge

of the

foregoing

Apple

continued

to

reproduce

distribute

sell

and display

Eminems

recordings

containing

Plaintiffs

musical

compositions

in

violation of Plaintiffs

rights

Plaintiffs

sent

cease

and

desist

letter

to

Apple

on July

27

2007

which

was

ignored

Finally

this

lawsuit

was

filed

on July

30 2007

and Apple

continues

to

infringe

in

knowing

willful

disregard of Plaintiffs

rights

12

INTERROGATORY
Identify
all

NO 13
that

facts

support

Your contention

that

Apples

wrongful conduct

constitutes

unfair competition

under

state

law

as

alleged

in Paragraph

28 of Your Complaint

RESPONSE
Martin

TO INTERROGATORY
incorporates
its

NO

13
above Martin
this

General

Objections

specifically

objects

to

Interrogatory

to

the

extent

it

calls

for

information

protected

by the

attorney-client

privilege

and

work

product

doctrine

Martin

further

objects

to

the

extent

this

Interrogatory

to

the

extent

it

seeks

legal

conclusion

and

to

the extent

the

information

requested

requires an

expert

opinion

Subject

to

and without

waiver

of the foregoing

General

and Specific

Objections

Martin

states

see Response

to

Interrogatory

10

INTERROGATORY NO 14
Identify
all

facts

that

support

Your contention

that

Apples
conduct

conduct

constitutes

an

unfair

unconscionable

deceptive

method

act

or

practice

in

the

of trade or commerce

under

MCL

445.903

as alleged

in Paragraph

31

of Your Complaint

RESPONSE
Martin

TO INTERROGATORY
incorporates
its

NO

14
above Martin
to this

General

Objections

specifically

objects

Interrogatory

to

the

extent

it

calls

for

information

protected

by the

attorney-client

privilege

and

work

product

doctrine

Martin

further

objects

to

the

extent

this

Interrogatory

to

the

extent

it

seeks

legal

conclusion

and

to

the

extent

the information

requested

requires an

expert

opinion

Subject

to

and without

waiver

of the foregoing

General

and Specific

Objections

Martin

states

see

Response

to

Interrogatory

10

Further

Defendants

do not

own

do not

control

and do

not

have the

right

to

reproduce

synchronize

publicly

perform

distribute

or

display

Plaintiffs

copyrighted

works

13

INTERROGATORY NO 15
Identify
all

facts

that

support

Your contention

that

the terms

of

March

1998 and July

2003 Agreements

including

without

limitation

the terms

of Paragraph

captioned

Mechanical

Royalties

of each such

Agreement do

not

provide

any defense

to

any of the claims

in

Your

Complaint

RESPONSE
Martin

TO INTERROGATORY NO 15
incorporates
its

General

Objections

above

Martin

specifically

objects

to

this

Interrogatory

to

the

extent

it

calls

for

information

protected

by the

attorney-client

privilege

and

work

product

doctrine

Martin

further

objects

to

the

extent

this

Interrogatory

to

the

extent

it

seeks

legal

conclusion

and

to

the extent

the information

requested

requires an

expert

opinion

Subject

to

and without

waiver

of the

foregoing

General

and Specific

Objections

Martin

states

The

language

used

in

the

Agreements

demonstrates

that

digital

uses

were

not

contemplated

or

covered

under

Paragraph

Furthermore

the

Agreements

do not

contain

or

constitute

or

even

purport

to

constitute

license

of

any kind

Paragraph

merely speaks

to

certain

royalty rates

that

will

apply

under

certain

licenses

that

will

be

given

to

Aftermath and

its

distributors/licensees

but

omits

numerous

material

terms

and

conditions

that

are

essential

to

creating

such

license

Further

the

parties

subsequent

conduct

demonstrates

their

understanding

as to

the

actual

granting

of

licenses

and the procedures

therefor

For example

even

with

respect

to

the

granting

of mechanical

licenses

for

physical

product

Plaintiffs

have

used

their

own

license

forms with

terms

and

conditions

that

are

acceptable

to

them

and

Paragraph

was

not

understood

by the

parties

to

constitute

mechanical

license

Furthermore

the

course

of

conduct

between

Plaintiffs

and

Aftermath including

Interscope

and Universal

shows

that

Plaintiffs

would

only

enter

into

licenses

for

digital

uses

i.e

the

mastertone

14

agreement

approved

by

and

acceptable

to

Plaintiffs

including

but

not

limited

to

limit

to

duration

territory

and

requirements

for

accounting

and

Universal

sent

proposed

licenses

to

Plaintiffs

for

digital

use

that

were

rejected

as

not

being

acceptable

As

discovery

is

ongoing

Plaintiffs

reserve

the right

to

supplement

this

response

INTERROGATORY
Identify
all

NO 16
acts that

wrongful

You

contend

Aftermath has

committed

regarding

any

of

the matters

alleged

in

Your Complaint

RESPONSE
Martin

TO INTERROGATORY
incorporates
its

NO 16
Objections

General

above

Martin

specifically

objects

to

this

Interrogatory

to

the

extent

it

calls

for

information

protected

by the

attorney-client

privilege

and

work

product

doctrine

Martin

objects

to

this

Interrogatory

to

the extent

it

seeks

expert

opinion

or

expert

testimony

Martin

objects

to

this

Interrogatory

as

vague
to

ambiguous

overly

broad

unduly

burdensome

irrelevant

and

not

reasonably

calculated

lead

to

the

discovery

of

admissible

evidence

Martin

further

objects

to

this

Interrogatory

to

the

extent

the

information

requested

is

within

the possession

custody

or control

of Defendants

Subject

to

and without

waiver

of the

foregoing

General

and Specific

Objections

Martin

states

Aftermath purported

to

license

Martins

copyrighted

musical

compositions

to

Defendant

Apple

which

such

compositions

Aftermath

neither

owns

or

controls

Sec

also

Response

to

Interrogatory

Nos

67

10 11 13 14 and 15

INTERROGATORY
IdentifS
all

NO 17
who
have had any
involvement

Persons

whatsoever

in

the

drafting

negotiation

execution

or

performance

of

any

agreement

relating

to

the

distribution

in

digital

format

of any

of the works

at

issue in Your

Complaint

15

RESPONSE
Martin

TO INTERROGATORY
incorporates
its

NO

17
above
Martin
this

General

Objections

specifically

objects

to

Interrogatory

to

the

extent

it

calls

for

information

protected

by

the

attorney-client

privilege

and

work

product

doctrine

Martin

objects

to

this

Interrogatory

to

the

extent

it

seeks

expert

opinion

or

expert

testimony

Martin

objects

to

this

Interrogatory

as

vague
to

ambiguous

overly

broad

unduly

burdensome
evidence

irrelevant

and

not

reasonably

calculated

lead

to

the

discovery

of

admissible

Martin

further

objects

to

this

Interrogatory

to

the

extent

the

information

requested

is

within

the possession

custody

or

control

of Defendants

Martin

further

objects

to

this

Interrogatory

to

the extent

it

seeks

confidential

or commercial

information

trade

secrets

or

confidential

research

Subject

to

and without

waiver

of the

foregoing

General

and Specific

Objections

Martin

states

it

only

enters

into

licenses

for

the digital

distribution

of

its

compositions

which

Martin

has

prepared

Martin

has

entered

into

certain

ringtone

and mastertone

licenses

which

have

been

drafted andlor

negotiated

by

Joel

Martin

Mark Levinsohn

and Alan Skiena

do Mark

Levinsobn

Universal

and Aftermath

have

knowledge

of those

individuals

within

their

organization

with

knowledge

INTERROGATORY
Identify
all

NO 18
involved
in the

Persons

drafting

negotiation

execution

or

performance

of any

part

of the

March

1998 Agreement

including

without

limitation

Paragraph

thereof

RESPONSE
Martin

TO INTERROGATORY
incorporates
its

NO

18
above
Martin

General

Objections

specifically

objects

to

this

Interrogatory

to

the

extent

it

calls

for

information

protected

by the

attorney-client

privilege

and

work

product

doctrine

Martin

objects

to

this

Interrogatory

to

the extent

it

seeks

expert

opinion

16

or

expert

testimony

Martin

further

objects

to

this

Interrogatory

as

vague

ambiguous

overly

broad

unduly

burdensome

and not reasonably

calculated

to

lead

to

the

discovery

of admissible

evidence

Martin

further

objects

to

this

Interrogatory

to

the extent

the information

requested

is

within

the possession

custody

or control

of Defendants

Subject

to

and without

waiver

of the

foregoing

General

and Specific

Objections

Eight

Mile

states

Joel

Martin

Howard

Hertz

Esq

Hertz

Schram

PC

1760

South Telegraph

Road

300
LLP
Scott

Bloomfield

Hills

Michigan

48302

Peter Paterno

Esq

King Holmes

Paterno

Berliner

1900 Ave Of The

Stars

2S

Floor Los Angeles

California

90067

and Marnie Nieves and

Aronson do

Kelly

Klaus

Esq Munger
90071-1560

Tolles

Olson

LLP

355 South Grand

Ave

35th

Floor Los Angeles

California

and Paul Rosenberg

New York

INTERROGATORY
Identify
all

NO 19
involved
in the

Persons

drafting

negotiation

execution

or

performance of any

part

of the

July

2003

Agreement

including

without

limitation

Paragraph

thereof

RESPONSE
Martin

TO INTERROGATORY
incorporates
its

NO

19
above Martin
this

General

Objections

specifically

objects

to

Interrogatory

to

the

extent

it

calls

for

information

protected

by the

attorney-client

privilege

and

work

product

doctrine

Martin

objects

to

this

Interrogatory

to

the

extent

it

seeks

expert

opinion

or

expert

testimony

Martin

further

objects

to

this

Interrogatory

as

vague

ambiguous

overly

broad

unduly

burdensome

and not reasonably

calculated

to

lead to

the discovery

of admissible

evidence

Martin

further

objects

to

this

Interrogatory

to

the

extent

the information

requested

is

within

the

possession

custody

or control of Defendants

Subject

to

and without

waiver

of the foregoing

General

and Specific

Objections

Martin

states

Joel

Martin

Mark

Levinsohn

Esq

Levinsohn

Arnay

LLP

1790

Broadway

10th

17

Floor

New

York

New

York

10019

Gary

Stiffleman

Ziffren

Brittenham

Branca

Fischer

Gilbert-Lurie

Stiffelman

Cook

LLP

1801

Century Park

Los

Angeles

California

90067

and Rand

Hoffman and

Lisa Rogell

Interscope

Records

2220 Colorado

Avenue

Santa

Monica

CA 90404

INTERROGATORY NO 20
Identify
all

communications

You have had

with

any Person

including

without

limitation

Eminem
captioned

or

any of

Eminems

representatives

regarding

this

lawsuit

or regarding

the

lawsuit

Productions

LLC

et

at

Aftermath

Records

d/b/a

Aftermath

Entertainment

et

at

Case

No

CV-07-03314

C.D Cal

or any

of the matters

alleged

in

either

action

RESPONSE
Martin

TO INTERROGATORY NO 20
incorporates
its

General

Objections

above

Martin

specifically

objects

to

this

Interrogatory

to

the

extent

it

calls

for

information

protected

by the

attorney-client

privilege

and

work

product

doctrine

Martin

objects

to

this

Interrogatory

to

the

extent

it

seeks

expert

opinion

or

expert

testimony

Martin

further

objects

to

this

Interrogatory

as

vague
the

ambiguous

overly

broad

unduly

burdensome

and not

reasonably

calculated

to

lead

to

discovery

of admissible

evidence

Martin

further

objects

to

this

Interrogatory

to

the

extent

the

information

requested

is

within

the

possession

custody

or

control

of

Defendants

Martin

further

objects

to

this

Interrogatory

to

the

extent

it

seeks

discovery

in

separate

action

entitled

Productions

LLC

et

at

Aftermath

Records

cl/b/a

Aftermath

Entertainment

et

al

Case

No

CV-07-03314

C.D Cal
action

which

such

discovery

is

subject

to

separate

scheduling

order inapplicable

to

this

Subject

to

and without

waiver

of the foregoing

General

and Specific

Objections

Martin

states

it

communicated

with

Gary

Stiffleman

Ziffien

Brittenham

Branca

Fischer

Gilbert

18

Lurie Stiffelman

Cook

LLP

1801

Century

Park

Los Angeles

California

90067

INTERROGATORY
Identify
all

NO 21
who
participated in

Persons

the

preparation

of

Your

responses

to

these

Interrogatories

RESPONSE
Martin

TO INTERROGATORY NO 21
incorporates
its

General

Objections

above

Martin

specifically

objects

to

this

Interrogatory

to

the

extent

it

calls

for

information

protected

by

the

attorney-client

privilege

and

work

product

doctrine

Martin

further

objects

to

this

Interrogatory

as

vague ambiguous

overly

broad

unduly

burdensome

and not reasonably

calculated

to

lead

to

the

discovery

of admissible

evidence

Subject

to

Martins

General

and

Specific

Objections

Martin

responds

that

Plaintiffs

counsel

and

Plaintiffs

participated

in the

preparation

of Martins

responses

DATED

March 21 2008

Respectfully

submitted

KING

BALLOW

Richard

Busch

TNBarNo
1100 Union 315 Union

014594
Street Street

Plaza

Nashville

TN

37201

615

259-3456

Howard Hertz Esq P26653
Jay Hertz

Yasso Esq
Schram

P45484

PC

1760

Telegraph Hills

Rd
MS

Suite 300

Bloomfield

48302

248

335-5000
for Plaintiffs

Attorneys

19

CERTIFICATE

OF SERVICE

The
postage

undersigned

hereby

certifies to the

that

the

foregoing

document

was

served

via

U.S

Mail

pre-paid

and via e-mail

following

Counsel
Daniel

On
Quick Esq
Wright

behalf

of

Apple

Computer Inc

and Aftermath Records

d/b/a

Aftermath

Dickinson 38525

PLLC
Ave

Entertainment

Woodward

Suite 2000

Bloomfield Hills

Ml

48304

248

433-7200

dquickdickinsonwright.com

Kelly

Klaus
Tolles

Esq
Olson LLP

Munger

355 South Grand
Suite 3500

Ave
90071-1560

Los Angeles

CA

213

683-9238

kelly.klausmto.com

this

21st day

of

March 2008

20

2:07-civ- Eight Mile Style, et al. v. Apple Computers, et. Al SCHEDULE 1 - PLAINTIFFS' COMPOSITIONS
COMPOSITION TITLE 40 OZ ALBUM TITLE D12 WORLD REGISTRATION NUMBER CLAIMANT PA 1-245-114 Eight Mile Style Full Proof Publishing/EMI Blackwood Idiotic Biz/EMI April Music Martin Affiliated Runyon Avenue/EMI April Music Tarpo Music /Nottingdale Songs PA 1-245-103 Dertyworks Publishing/EMI April Music Eight Mile Style Martin Affiliated Runyon Avenue/EMI April Music Swifty McVay Publishing/EMI April Music PA 1-204-555 Eight Mile Style Martin Affiliated PA 1-204-569 Carter Boys Music / EMI April Music Efartooee Music/Raha Music/Mafia Boy Music Eight Mile Style Martin Affiliated Ain't Nothin' Goin on But Funkin Music / Warner PA 1-325-368 Chappell Music Eight Mile Style Elvismambo/Music Of Windswept Hits From Da Bong/BMG Songs Idiotic Biz/EMI April Music Runyon Avenue/EMI April Music Swifty McVay Publishing/EMI April Music Ain't Nothin' Goin on But Funkin Music / Warner PA 1-295-394 Chappell Music Bat Future Music / Songs of Universal Inc. Eight Mile Style Elvismambo/Music Of Windswept Jenellerene/Hard Workin' Black Folks / Warner Chappell Music Inc. Martin Affiliated

6 In the Morning

D12 WORLD

8 Mile 8 Miles & Running

8 Mile S/T 8 Mile S/T

American Psycho 2

D12 WORLD

Ass Like That

Encore (Deluxe Version)

COMPOSITION TITLE Average Man

ALBUM TITLE Cheers

Big Weenie

Encore (Deluxe Version)

Bitch

D12 WORLD

Business

The Eminem Show

REGISTRATION NUMBER CLAIMANT PA 1-245-073 Eight Mile Style Martin Affiliated Obie Trice Publishing / Almo Music Corp. Ain't Nothin' Goin on But Funkin Music / Warner PA 1-295-392 Chappell Music Bat Future Music / Songs of Universal Inc. Eight Mile Style Martin Affiliated Elvismambo/Music Of Windswept Jenellerene/Hard Workin' Black Folks / Warner Chappell Music Inc. PA 1-245-115 Dertyworks Publishing/EMI April Music Eight Mile Style Martin Affiliated Full Proof Publishing/EMI Blackwood Idiotic Biz/EMI April Music Martin Affiliated Runyon Avenue/EMI April Music Swifty McVay Publishing/EMI April Music Ain't Nothin' Goin on But Funkin Music / Warner PA u 2-696-276 Chappell Music Eight Mile Style Elvismambo/Music Of Windswept Feemstro Music / Universal Music Z-tunes, LLC Sony ATV Music Publishing Eight Mile Style Martin Affiliated Obie Trice Publishing / Almo Music Corp. Eight Mile Style Eight Mile Style Sony ATV Music Publishing Andorra Music / Sony ATV Tunes Eight Mile Style Martin Affiliated

Cheers

Cheers

PA 1-245-074

Cleaning Out My Closet Cleaning Out My Closet Crazy In Love

The Eminem Show Curtain Call - The Hits (Deluxe Version) Encore (Deluxe Version)

PA 1-073-403 PA 1-073-403 (COHM) PA 1-295-397

COMPOSITION TITLE Curtains Close Curtains Up Curtains Up Don't Come Down

ALBUM TITLE Encore (Deluxe Version) The Eminem Show Encore (Deluxe Version) Cheers

Don't Push Me

Get Rich or Die Trying

REGISTRATION NUMBER CLAIMANT PA 1-295-390 Eight Mile Style Martin Affiliated PA u 2-673-526 Eight Mile Style PA 1-295-387 Eight Mile Style Martin Affiliated PA 1-245-078 Eight Mile Style Heavy Crate Publishing / Reach Global Inc. Martin Affiliated Obie Trice Publishing / Almo Music Corp. Warner Chappel Music PA 1-204-560 Eight Mile Style Lloyd Banks Music / Almo Music Corp. Martin Affiliated Universal Music Publishing / High On Life Music Dertyworks Publishing/EMI April Music Eight Mile Style Obie Trice Publishing / Almo Music Corp. Sony ATV Music Publishing Eight Mile Style Martin Affiliated Eight Mile Style Martin Affiliated 50 Cent Music / Universal Music Corp. Ain't Nothin' Goin on But Funkin Music / Warner Chappell Music Bat Future Music / Songs of Universal Inc. Eight Mile Style Martin Affiliated Elvismambo/Music Of Windswept Jenellerene/Hard Workin' Black Folks / Warner Chappell Music Inc.

Drips

The Eminem Show

PA 1-104-808

Dude Em Calls Paul Encore

D12 WORLD Encore (Deluxe Version) Encore (Deluxe Version)

PA 1-245-084 PA 1-295-393 PA 1-295-406

COMPOSITION TITLE Evil Deeds

ALBUM TITLE Encore (Deluxe Version)

REGISTRATION NUMBER PA 1-295-402

Final Thought

Encore (Deluxe Version)

PA 1-295-389

CLAIMANT Ain't Nothin' Goin on But Funkin Music / Warner Chappell Music Bat Future Music / Songs of Universal Inc. Eight Mile Style Martin Affiliated Elvismambo/Music Of Windswept Jenellerene/Hard Workin' Black Folks / Warner Chappell Music Inc. Eight Mile Style Martin Affiliated Cackleberry Entertainment / Karam's kids Songs Eight Mile Style Karam's Kids Songs / Arthouse Entertainment Inc. Martin Affiliated Obie Trice Publishing / Almo Music Corp. Eight Mile Style Martin Affiliated Dertyworks Publishing/EMI April Music Eight Mile Style Full Proof Publishing/EMI Blackwood Idiotic Biz/EMI April Music Martin Affiliated Runyon Avenue/EMI April Music Swifty McVay Publishing/EMI April Music Eight Mile Style Martin Affiliated Runyon Avenue/EMI April Music Swifty McVay Publishing/EMI April Music

Follow My Life

Cheers

PA 1-245-107

Gatman And Robbin Get My Gun

The Massacre D12 World

PA 1-364-299 PA 1-245-109

Git Up

D12 World

PA 1-245-111

COMPOSITION TITLE Got Some Teeth

ALBUM TITLE Cheers

REGISTRATION NUMBER CLAIMANT PA 1-245-108 Buffalo Music / Bug House Inc. Eight Mile Style Martin Affiliated Nuez Music / Reach Global Songs Obie Trice Publishing / Almo Music Corp. Sony ATV Music Publishing Unforgettable Music Ltd. Universal music Publishing / Polygram International Ain't Nothin' Goin on But Funkin Music / Warner Chappell Music Sony ATV Music Publishing Eight Mile Style Eight Mile Style Eight Mile Style Martin Affiliated Obie Trice Publishing / Almo Music Corp. 221 Publishing / Universal Music Corp Eight Mile Style Martin Affiliated Headrush Tunes / Serving You Musically Publishing Universal Music Publishing Universal Music Publishing / High On Life Music Eight Mile Style Martin Affiliated Heavy Crate Publishing / Reach Global Inc. Obie Trice Publishing / Almo Music Corp. Dertyworks Publishing/EMI April Music Eight Mile Style Full Proof Publishing/EMI Blackwood Martin Affiliated Reach Global Songs

Guilty Conscience

Curtain Call - The Hits (Deluxe Version)

PA 954-422 (COHM)

Hailie's Song Hands On You

The Eminem Show Cheers

PA u 2-725-252 PA 1-245-080

High All The Time

Get Rich or Die Trying

PA 1-204-559

Hoodrats

Cheers

PA 1-245-106

How Come

D12 World

PA 1-245-112

COMPOSITION TITLE I'm Supposed To Die Tonight

ALBUM TITLE The Massacre

REGISTRATION NUMBER PA 1-364-300

CLAIMANT Eight Mile Style Martin Affiliated Nueve Music Universal Music Corp. Eight Mile Style Ain't Nothin' Goin on But Funkin Music / Warner Chappell Music Bat Future Music / Songs of Universal Inc. Eight Mile Style Martin Affiliated Elvismambo/Music Of Windswept Jenellerene/Hard Workin' Black Folks / Warner Chappell Music Inc. Dertyworks Publishing/EMI April Music Eight Mile Style Martin Affiliated Idiotic Biz/EMI April Music Maffy Music Runyon Avenue/EMI April Music Swifty McVay Publishing/EMI April Music Universal Music Corp. Zomba Enterprizes Eight Mile Style Martin Affiliated Obie Trice Publishing / Almo Music Corp. Andy Thelusma Publishing / EMI Blackwood Dertyworks Publishing/EMI April Music Eight Mile Style Martin Affiliated Full Proof Publishing/EMI Blackwood Runyon Avenue/EMI April Music Eight Mile Style Martin Affiliated Sony ATV Music Publishing

Just Don't Give a Fuck Just Lose It

Curtain Call - The Hits (Deluxe Version) Encore (Deluxe Version)

PA u 2-333-090 PA 1-268-078

Keep Talkin'

D12 World

PA 1-245-110

Lady

Cheers

PA 1-245-102

Leave Dat Boy Alone

D12 World

PA 1-245-085

Like Toy Soldiers

Encore (Deluxe Version)

PA 1-295-400

COMPOSITION TITLE Lose Yourself Lose Yourself (Parody done by Weird Al "Couch Potato") Love Me

ALBUM TITLE 8 Mile S/T

REGISTRATION NUMBER PA 1-152-688 Eight Mile Style Martin Affiliated

CLAIMANT

Poodle Hat 8 Mile S/T

PA 1-152-688 PA 1-204-567

Love You More Loyalty

Encore (Deluxe Version) D12 World

PA 1-295-408 PA 1-245-104

Eight Mile Style Martin Affiliated 50 Cent Music / Universal Music Corp. Eight Mile Style Martin Affiliated Obie Trice Publishing / Almo Music Corp. Eight Mile Style Martin Affiliated Dertyworks Publishing/EMI April Music Eight Mile Style Martin Affiliated Full Proof Publishing/EMI Blackwood Idiotic Biz/EMI April Music Obie Trice Publishing / Almo Music Corp. Runyon Avenue/EMI April Music Swifty McVay Publishing/EMI April Music Eight Mile Style Martin Affiliated Figga Six Music / Downtown Music Publishing, LLC Universal Music Publishing Universal Music Publishing / High On Life Music Eight Mile Style Martin Affiliated Ain't Nothin' Goin on But Funkin Music / Warner Chappell Music Bat Future Music / Songs of Universal Inc. Eight Mile Style Martin Affiliated Elvismambo/Music Of Windswept Jenellerene/Hard Workin' Black Folks / Warner Chappell Music Inc.

Many Men (aka Death Wish)

Get Rich or Die Trying

PA 1-204-558

Mockingbird

Encore (Deluxe Version)

PA 1-295-396

Mosh

Encore (Deluxe Version)

PA 1-295-401

COMPOSITION TITLE My 1st Single My Band

ALBUM TITLE Encore (Deluxe Version) D12 World

My Dad's Gone Crazy

The Eminem Show

REGISTRATION NUMBER CLAIMANT PA 1-295-405 Eight Mile Style Martin Affiliated PA 1-245-105 Dertyworks Publishing/EMI April Music Eight Mile Style Martin Affiliated Full Proof Publishing/EMI Blackwood Idiotic Biz/EMI April Music Runyon Avenue/EMI April Music Swifty McVay Publishing/EMI April Music Ain't Nothin' Goin on But Funkin Music / Warner PA u 2-697-183 Chappell Music Eight Mile Style Elvismambo/Music Of Windswept Feemstro Music / Universal Music Z-tunes, LLC Sony ATV Music Publishing 50 Cent Music / Universal Music Corp. Ain't Nothin' Goin on But Funkin Music / Warner Chappell Music Eight Mile Style Martin Affiliated Elvismambo/Music Of Windswept Nate Dogg Music / Reach Global Songs Eight Mile Style Martin Affiliated Obie Trice Publishing / Almo Music Corp. Sony ATV Music Publishing 50 Cent Music/Universal Music Corp Bros. Grimm/Embassy Music Eight Mile Style Martin Affiliated Embassy Music Corp. (BMI) Lloyd Banks Music

Never Enough

Encore (Deluxe Version)

PA 1-295-403

Never Forget Ya

Cheers

PA 1-245-101

On Fire

Hunger for More

PA 1-256-131

COMPOSITION TITLE One Shot, 2 Shot

ALBUM TITLE Encore (Deluxe Version)

Outro

Cheers

REGISTRATION NUMBER CLAIMANT PA 1-295-398 Dertyworks Publishing/EMI April Music Eight Mile Style Martin Affiliated Idiotic Biz/EMI April Music Runyon Avenue/EMI April Music Swifty McVay Publishing/EMI April Music PA 1-245-076 Eight Mile Style Martin Affiliated Full Proof Publishing/EMI Blackwood Idiotic Biz/EMI April Music Obie Trice Publishing/Almo Music/Rondor Music Intl Runyon Avenue/EMI April Music Swifty McVay Publishing/EMI April Music Eight Mile Style Martin Affiliated Elvismambo/Music Of Windswept Universal Music Corp. / High On Life Music Eight Mile Style Martin Affiliated 50 Cent Music/Universal Music Corp Eight Mile Style Martin Affiliated Eight Mile Style Martin Affiliated Eight Mile Style Martin Affiliated Ain't Nothin' Goin on But Funkin Music/ Warner Music Corp Bat Future Music/Songs of Universal Eight Mile Style Martin Affiliated Elvismambo/Music Of Windswept Jenellerene/Hard Workin' Black Folks

Patiently Waiting

Get Rich or Die Trying

PA 1-204-561

Paul Places To Go

Encore (Deluxe Version) 8 Mile S/T

PA 1-295-388 PA 1-204-556

Puke Rabbit Run

Encore (Deluxe Version) 8 Mile S/T

PA 1-295-404 PA 1-204-568

Rain Man

Encore (Deluxe Version)

PA 1-295-391

COMPOSITION TITLE Rap Game

ALBUM TITLE 8 Mile S/T

Ricky Ticky Toc

Encore (Deluxe Version) Curtain Call - The Hits (Deluxe Version)

Role Model

REGISTRATION NUMBER CLAIMANT PA 1-204-570 Dertyworks Publishing/EMI April Music Eight Mile Style Martin Affiliated Full Proof Publishing/EMI Blackwood Idiotic Biz/EMI April Music Runyon Avenue/EMI April Music Swifty McVay Publishing/EMI April Music PA 1-295-409 Eight Mile Style Martin Affiliated Ain't Nothin' Goin on But Funkin Music/ Warner PA 954-427 (COHM) Music Corp Sony ATV Music Publishing Eight Mile Style WB Music / Hardworking Black Folks PA 1-104-945 (COHM) Eight Mile Style Elvismambo/Music Of Windswept Sony ATV Music Publishing Ain't Nothin' Goin on But Funkin Music/ Warner Music Corp Elvismambo/Music Of Windswept Eight Mile Style Sony ATV Music Publishing Feemstro Music/Universal Music - Z Tunes LLC Ain't Nothin' Goin on But Funkin Music/ Warner Music Corp Eight Mile Style Martin Affiliated Elvismambo/Music Of Windswept Obie Trice Publishing/Almo Music/Rondor Music Intl

Say Goodbye To Hollywood

The Eminem Show

Say What You Say

The Eminem Show

PA 1-073-017

Shit Hit's The Fan

Cheers

PA 1-245-077

COMPOSITION TITLE Shit On You

ALBUM TITLE Curtain Call - The Hits (Deluxe Version)

REGISTRATION NUMBER PA 1-164-487 (COHM)

CLAIMANT Dertyworks Publishing/EMI April Music Sony ATV Music Publishing Eight Mile Style Idiotic Biz/EMI April Music Runyon Avenue/EMI April Music Screen Gems/EMI Swifty McVay Publishing/EMI April Music Eight Mile Style Sony ATV Music Publishing Sony/Daskel, LLC Eight Mile Style Sony ATV Music Publishing 50 Cent Music/Universal Music Corp Eight Mile Style Martin Affiliated Obie Trice Publishing/Almo Music/Rondor Music Intl Universal Music Corp. Yel-Nats Dertyworks Publishing/EMI April Music Eight Mile Style Martin Affiliated Hennessey for Everyone Music/Alexra Music Dertyworks Publishing/EMI April Music Eight Mile Style Martin Affiliated Obie Trice Publishing/Almo Music/Rondor Music Intl Eight Mile Style Sony ATV Music Publishing Eight Mile Style Eight Mile Style Martin Affiliated Eight Mile Style Sony ATV Music Publishing

Sing For The Moment Again

The Eminem Show

PA 1-104-947 (COHM)

Soldier Spend Some Time

The Eminem Show Encore (Deluxe Version)

PA 1-073-064 (COHM) PA 1-295-395

Spit Shine

8 Mile S/T

PA 1-204-557

Spread Yo Shit

Cheers

PA 1-245-081

Square Dance Steve Berman (Skit) Steve's Coffee House Superman

The Eminem Show The Eminem Show D12 World The Eminem Show

PA 1-073-065 (COHM) PA u 2-697-161 PA 1-245-086 PA 1-073-066

COMPOSITION TITLE The Kiss The Real Slim Shady

ALBUM TITLE The Eminem Show Curtain Call - The Hits (Deluxe Version)

Till I Collapse Till The End

The Eminem Show Hunger for More

Warrior part 2

Hunger for More

We All Die One Day

Cheers

REGISTRATION NUMBER CLAIMANT PA u 2-782-860 Eight Mile Style Ain't Nothin' Goin on But Funkin Music/ Warner PA 980-855 (COHM) Music Corp Eight Mile Style Bug Music / Strawberry Blond Elvismambo/Music Of Windswept Sony ATV Music Publishing PA u 2-697-181 Eight Mile Style Nate Dogg Music / Reach Global Songs PA 1-256-130 Eight Mile Style Martin Affiliated Lloyd Banks Music PA 1-256-133 50 Cent Music/Universal Music Corp Eight Mile Style Martin Affiliated Lloyd Banks Music Nate Dogg Music / Reach Global Songs PA 1-245-075 50 Cent Music/Universal Music Corp Eight Mile Style Martin Affiliated Lloyd Banks Music Obie Trice Publishing/Almo Music/Rondor Music Intl Eight Mile Style Martin Affiliated Dertyworks Publishing/EMI April Music Sony ATV Music Publishing Eight Mile Style Feemstro Music/Universal Music - Z Tunes LLC Full Proof Publishing/EMI Blackwood Idiotic Biz/EMI April Music Runyon Avenue/EMI April Music Swifty McVay Publishing/EMI April Music

We As Americans When the Music Stops

Encore (Deluxe Version) The Eminem Show

PA 1-295-407 PA 1-073-063 (COHM)

COMPOSITION TITLE Without Me

ALBUM TITLE Curtain Call - The Hits (Deluxe Version)

REGISTRATION NUMBER PA 1-073-070 (COHM)

CLAIMANT Buffalo Music /BUG ADMIN. Eight Mile Style Sony ATV Music Publishing Nuez Music / Reach Global Songs Satisfaction Fufilled Ltd. Unforgettable Music Buffalo Music /BUG ADMIN. Eight Mile Style Sony ATV Music Publishing Nuez Music / Reach Global Songs Satisfaction Fufilled Ltd. Unforgettable Music Buffalo Music /BUG ADMIN. Eight Mile Style Sony ATV Music Publishing Nuez Music / Reach Global Songs Satisfaction Fufilled Ltd. Unforgettable Music Eight Mile Style Martin Affiliated

Without Me

Curtain Call - The Hits (Deluxe Version)

PA 1-153-337 (COHM)

Without Me

The Eminem Show

PA 1-073-070 (COHM)

Yellow Brick Road

Encore (Deluxe Version)

PA 1-295-399