Virgin Records America, Inc v. Thomas

Filing 65

Virgin Records America, Inc v. Thomas

Doc. 65

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA

VIRGIN RECORDS AMERICA, INC., a California corporation; CAPITOL RECORDS INC., a Delaware corporation; SONY BMG MUSIC ENTERTAINMENT, a Delaware general partnership; ARISTA RECORDS LLC, a Delaware limited liability company; INTERSCOPE RECORDS, a California general partnership; WARNER BROS. RECORDS INC., a Delaware corporation; and UMG RECORDINGS, INC., a Delaware corporation, Plaintiffs, v. Jammie Thomas, Defendant.

Case No. 06-cv-1497 (MJD/RLE)

DEFENDANT'S PROPOSED SPECIAL VERDICT FORM

VERDICT FORM We, the jury, return the following verdict:

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Did plaintiff Virgin Records America, Inc. own the copyright to one or more of the song titles it claims defendant subjected to an act of infringement? YES ___________ NO___________

If you answered "NO," go directly to Question 4. 2. If you answered "YES" to the previous question, did defendant commit an act of infringement with respect to one or more copyrights of song titles owned by plaintiff Virgin Records America, Inc.?

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YES__________ 3.

NO__________

If you answered "YES" to the previous question, you may award an amount of money that will fairly compensate Virgin Records America, Inc. If you answered "NO," go directly to the next question. $________________

4.

Did plaintiff Capitol Records, Inc. own the copyright to one or more of the song titles it claims defendant subjected to an act of infringement? YES ___________ NO___________

If you answered "NO," go directly to Question 7. 5. If you answered "YES" to the previous question, did defendant commit an act of infringement with respect to one or more copyrights of song titles owned by plaintiff Capitol Records, Inc.? YES__________ 6. NO__________

If you answered "YES" to the previous question, you may award an amount of money that will fairly compensate Virgin Records America, Inc. If you answered "NO," go directly to the next question. $________________

7.

Did plaintiff Sony BMG Music Entertainment own the copyright to one or more of the song titles it claims defendant subjected to an act of infringement? YES ___________ NO___________

If you answered "NO," go directly to Question 10. 8. If you answered "YES" to the previous question, did defendant commit an act of infringement with respect to one or more copyrights of song titles owned by plaintiff Song BMG Music Entertainment? YES__________ NO__________

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9.

If you answered "YES" to the previous question, you may award an amount of money that will fairly compensate Virgin Records America, Inc. If you answered "NO," go directly to the next question. $________________

10.

Did plaintiff Arista Records, LLC own the copyright to one or more of the song titles it claims defendant subjected to an act of infringement? YES ___________ NO___________

If you answered "NO," go directly to Question 13. 11. If you answered "YES" to the previous question, did defendant commit an act of infringement with respect to one or more copyrights of song titles owned by plaintiff Arista Records, LLC.? YES__________ 12. NO__________

If you answered "YES" to the previous question, you may award an amount of money that will fairly compensate Arista Records, LLC. If you answered "NO," go directly to the next question. $________________

13.

Did plaintiff Interscope Records own the copyright to one or more of the song titles it claims defendant subjected to an act of infringement? YES ___________ NO___________

If you answered "NO," go directly to Question 16. 14. If you answered "YES" to the previous question, did defendant commit an act of infringement with respect to one or more copyrights of song titles owned by plaintiff Interscope Records? YES__________ 15. NO__________

If you answered "YES" to the previous question, you may award an amount of money will fairly compensate Interscope Records. If you answered "NO," go directly to the next question.
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$________________ 15. Did plaintiff Warner Bros. Records, Inc. own the copyright to one or more of the song titles it claims defendant subjected to an act of infringement? YES ___________ NO___________

If you answered "NO," go directly to Question 18. 16. If you answered "YES" to the previous question, did defendant commit an act of infringement with respect to one or more copyrights of song titles owned by plaintiff Warner Bros. Records, Inc.? YES__________ 17. NO__________

If you answered "YES" to the previous question, you may award an amount of money that will fairly compensate Warner Bros. Records, Inc. If you answered "NO," go directly to the next question. $________________

18.

Did plaintiff UMG Recordings, Inc. own the copyright to one or more of the song titles it claims defendant subjected to an act of infringement? YES ___________ NO___________

If you answered "NO," go directly to signature line below where the Jury Foreperson will sign and date this Verdict Form. 19. If you answered "YES" to the previous question, did defendant commit an act of infringement with respect to one or more copyrights of song titles owned by plaintiff UMG Recordings, Inc.? YES ___________ 20. NO___________

If you answered "YES" to the previous question, you may award an amount of money that will fairly compensate UMG Recordings, Inc. If you answered "NO," go directly to signature line below where the Jury Foreperson will sign and date this Verdict Form. $________________

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SIGN AND DATE THE VERDICT: SO SAY WE ALL, this ____________ day of October, 2007.

_________________________ (Print Jury Foreperson's Name) _________________________ (Jury Foreperson's Signature)

Dated: September 17 , 2007

Respectfully submitted by CHESTNUT & CAMBRONNE, P.A.

By s/Brian N. Toder Brian N. Toder #17869X 3700 Campbell Mithun Tower 222 South Ninth Street Minneapolis, MN 55402 [phone] Fax [phone] ATTORNEYS FOR DEFENDANT

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