Viacom International, Inc. et al v. Youtube, Inc. et al

Filing 373

DECLARATION of ANDREW H. SCHAPIRO in Support re: 177 MOTION for Summary Judgment Regarding Applicability of the DMCA and on Plaintiffs' Inducement Claims.. Document filed by Youtube, Inc., Youtube, LLC, Google, Inc.. (Attachments: # 1 Exhibit 43 - 55, # 2 Exhibit 56 - 62, # 3 Exhibit 63 - 64, # 4 Exhibit 65 - 72, # 5 Exhibit 73 Part 1, # 6 Exhibit 73 Part 2)(Schapiro, Andrew)

Schapiro Exhibit 63

Schapiro Exhibit 64

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK VIACOM INTERNATIONAL, INC., COMEDY PARTNERS, COUNTRY MUSIC. TELEVISION, INC., PARAMOUNT PICTURES CORPORATION, and BLACK ENTERTAINMENT TELEVISION, LLC, ) ) ) ) ) ) Plaintiffs, ) ) vs. ) NO. 07-CV-2203 ) YOUTUBE, INC., YOUTUBE, LLC, ) and GOOGLE, INC., ) ) Defendants. ) ___________________________________) ) THE FOOTBALL ASSOCIATION PREMIER ) LEAGUE LIMITED, BOURNE CO., et al.,) on behalf of themselves and all ) others similarly situated, ) ) Plaintiffs, ) vs. ) NO. 07-CV-3582 ) YOUTUBE, INC., YOUTUBE, LLC, and ) GOOGLE, INC., ) ) Defendants. ) ___________________________________) VIDEOTAPED DEPOSITION OF BRIAN K. BRADFORD SAN FRANCISCO, CALIFORNIA THURSDAY, MARCH 12, 2009 BY: ANDREA M. IGNACIO HOWARD, CSR, RPR, CLR JOB NO. 16590

805 Third Avenue, New York, New York 10022

DAVID FELDMAN WORLDWIDE, INC.

[phone]

65d375b6-dfdf-4802-a95b-b668dacc616d

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MARCH 12, 2009 9:53 A.M.

VIDEOTAPED DEPOSITION OF BRIAN K. BRADFORD WILSON SONSINI GOODRICH & ROSATI, LLP, One Market Street, Spear Tower, San Francisco California, pursuant to notice, and before, ANDREA M. IGNACIO HOWARD, CLR, RPR, CSR License No. 9830.

805 Third Avenue, New York, New York 10022

DAVID FELDMAN WORLDWIDE, INC.

[phone]

65d375b6-dfdf-4802-a95b-b668dacc616d

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A P P E A R A N C E S:

FOR THE PLAINTIFFS CAL IV ENTERTAINMENT: GIRARD GIBBS LLP By: CHRISTINA C. SHARP, Esq.

601 California Street, 14th Floor San Francisco, California 94108-2819 [phone] [e-mail]

FOR THE DEFENDANTS YOUTUBE, INC., YOUTUBE, LLC and GOOGLE, INC.: MAYER BROWN LLP By: GREGORY FRANTZ, Esq. ILANA D. GOLANT, Esq. 1675 Broadway New York, New York 10019-5820 [phone] [e-mail]; [e-mail]

ALSO PRESENT:

Lou Meadows, Videographer.

---oOo---

805 Third Avenue, New York, New York 10022

DAVID FELDMAN WORLDWIDE, INC.

[phone]

65d375b6-dfdf-4802-a95b-b668dacc616d

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BRADFORD have to review it and -- and ask our -- our lawyer, you know, about this document to fur- -- to fully understand it. Q You can take all the time you need to review

it, if that would help. A Q For what purpose? You said I just handed it to you, and you

indicated that -A Q A Q Well, what do you need to know? Well -Well, what should I review it for? I'm asking whether your company is, in fact,

the exclusive owner of all of the comp- -- of all the compositions listed in this letter. A We have exclusive rights in all of these

compositions. Q Okay. That's not the question I asked.

The question I asked is whether you're the exclusive owner of these copyrights. A In some cases, there are other -- other

co-writers and co-publishers involved. Q Can you tell us which of these copyrights

have other co-owners? A You want to go through the entire list?

805 Third Avenue, New York, New York 10022

DAVID FELDMAN WORLDWIDE, INC.

[phone]

65d375b6-dfdf-4802-a95b-b668dacc616d

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BRADFORD Q A Well, we could just do a few examples. "Angles in Waiting," "I Don't Feel Like

Loving You Today," "Daddy Won't Sell The Farm," et cetera. I mean, there's -- there's -- well, there's

some on here that we own all and some that are co-published. Q If you had to estimate, what percentage of

the compositions listed here does your company own exclusively? MS. SHARP: Don't speculate, Brian. Answer

only what you know for certain. THE WITNESS: MR. FRANTZ: A Q You going to make me do math? Q. Is it more than ten?

I'd say -- I'd say probably less than ten. You'd say less than ten, meaning, that

roughly 40 out of the 50 or more, your company is, in fact, the exclusive owner of; is that right? MS. SHARP: I'll restate my objection to the

term "exclusive owner." To the extent you understand it, Brian, you can answer it. THE WITNESS: Yeah, I'm -- I'm a little

confused about this line of questioning, personally. Can you just restate what you want to know

805 Third Avenue, New York, New York 10022

DAVID FELDMAN WORLDWIDE, INC.

[phone]

65d375b6-dfdf-4802-a95b-b668dacc616d

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BRADFORD from me right now? MR. FRANTZ: Q. With respect to the

compositions listed in this letter, can you estimate how many of them have other co-owners? MS. SHARP: Again, the term "owner" under the

copyright law may be construed in different ways. THE WITNESS: Okay. How many have other

co-publishers; correct? MR. FRANTZ: Well, I'm -- I'm -- I'm using

the term "co-owners." THE WITNESS: as co-publishers. Well, I -- I -- I refer to them

That's -- that's just how I'm --

how I'm programmed in this industry. MR. FRANTZ: Q. Well, when you say co --

"co-publishers," are you referring to ownership interest in the copyright? A Publishers have exclusive rights in the So, yeah, I'm sure loosely this

compositions.

exclusive owner or co-owner, you know, nebulous that we're discussing here. Q again? A As far as how many songs have others Okay. So do you need me to ask the question

involved, I -- I would say it's actually more than 40,

805 Third Avenue, New York, New York 10022

DAVID FELDMAN WORLDWIDE, INC.

[phone]

65d375b6-dfdf-4802-a95b-b668dacc616d

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BRADFORD more than 40. Q I -- I -- I don't merely mean others I mean others with ownership interest in

involved.

the copyrights? MS. SHARP: And, again, I'm not sure the

witness understands the term "ownership" under these circumstances, so if you want to define exactly what you mean, Counsel, that may be helpful in getting whatever answer you're looking for. MR. FRANTZ: Q. Is that -- your counsel is

testifying, but I'm -- I'm asking the witness, are you unclear what the word -- what the term "ownership" means in copyright law? A Well, to -- to what I think of ownership,

there -- you know, there are a large number of compositions on here where there are others that have ownership interest. Q Okay. And that large number is approximately

40 of the 50 or so works have others with -A Q A Between --- ownership interests? Well, I'd have to go through. I mean,

some -- some of these, you know, typically, I would -you know, if I'm at work looking up publishing splits,

805 Third Avenue, New York, New York 10022

DAVID FELDMAN WORLDWIDE, INC.

[phone]

65d375b6-dfdf-4802-a95b-b668dacc616d

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BRADFORD I would -- I would look it up in my computer. know, I don't have all this stuff memorized. There -- there -- I would say there are a few that are -- Cal IV has exclusive ownership, in this respect. Q And to be clear, I'm -- I'm not referring to You

merely a royalty interest in the work, but I'm referring to ownership of the copyright. Is that a distinction you're comfortable with? A Q No, I understand what you're saying. Okay. And so with respect to these works for

which there are others with ownership interests, isn't it the case that those other co-owners would have the right to post the work on YouTube? A Other -- of course I -- I always refer to --

to them as co-publishers, so we're probably talking about the same thing here. MS. SHARP: We need to make sure we're

talking about the same thing here before you answer any questions, Brian. You can explain to counsel, if you'd like, what you mean by "co-publisher," and obtain confirmation from him that that's what he's referring

805 Third Avenue, New York, New York 10022

DAVID FELDMAN WORLDWIDE, INC.

[phone]

65d375b6-dfdf-4802-a95b-b668dacc616d