The Football Association Premier League Limited et al v. Youtube, Inc. et al

Filing 166

DECLARATION of Elizabeth Anne Figueira in supoport of Class Plaintiffs' Statement of Uncontroverted Material Facts in support of Their Motion For Partial Summary Judgment in Support re: 158 MOTION for Partial Summary Judgment dismissing with prejudice Defendants' First Defense asserted in Defendants' Answer to the Second Amended Class Action Complaint... Document filed by The Music Force LLC, Cal IV Entertainment, LLC, Cherry Lane Music Publishing Company, Inc., The Football Association Premier League Limited, Robert Tur, National Music Publishers' Association, The Rodgers & Hammerstein Organization, Edward B. Marks Music Company, Freddy Bienstock Music Company, Alley Music Corporation, X-Ray Dog Music, Inc., Federation Francaise De Tennis, The Scottish Premier League Limited, The Music Force Media Group LLC, Sin-Drome Records, Ltd., Murbo Music Publishing, Inc., Bourne Co.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13, # 14 Exhibit Exhibit 14, # 15 Exhibit Exhibit 15, # 16 Exhibit Exhibit 16, # 17 Exhibit Exhibit 17, # 18 Exhibit Exhibit 18, # 19 Exhibit Exhibit 19, # 20 Exhibit Exhibit 20, # 21 Exhibit Exhibit 21, # 22 Exhibit Exhibit 22, # 23 Exhibit Exhibit 23, # 24 Exhibit Exhibit 24, # 25 Exhibit Exhibit 25, # 26 Exhibit Exhibit 26, # 27 Exhibit Exhibit 27, # 28 Exhibit Exhibit 28, # 29 Exhibit Exhibit 29, # 30 Exhibit Exhibit 30, # 31 Exhibit Exhibit 31, # 32 Exhibit Exhibit 32, # 33 Exhibit Exhibit 33, # 34 Exhibit Exhibit 34, # 35 Exhibit Exhibit 35, # 36 Exhibit Exhibit 36, # 37 Exhibit Exhibit 37, # 38 Exhibit Exhibit 38, # 39 Exhibit Exhibit 39, # 40 Exhibit Exhibit 40, # 41 Exhibit Exhibit 41, # 42 Exhibit Exhibit 42, # 43 Exhibit Exhibit 43, # 44 Exhibit Exhibit 44, # 45 Exhibit Exhibit 45, # 46 Exhibit Exhibit 46, # 47 Exhibit Exhibit 47, # 48 Exhibit Exhibit 48, # 49 Exhibit Exhibit 49, # 50 Exhibit Exhibit 50, # 51 Exhibit Exhibit 51, # 52 Exhibit Exhibit 52, # 53 Exhibit Exhibit 53, # 54 Exhibit Exhibit 54, # 55 Exhibit Exhibit 55, # 56 Exhibit Exhibit 56, # 57 Exhibit Exhibit 57, # 58 Exhibit Exhibit 58, # 59 Exhibit Exhibit 59, # 60 Exhibit Exhibit 60, # 61 Exhibit Exhibit 61, # 62 Exhibit Exhibit 62, # 63 Exhibit Exhibit 63, # 64 Exhibit Exhibit 64, # 65 Exhibit Exhibit 65, # 66 Exhibit Exhibit 66, # 67 Exhibit Exhibit 67, # 68 Exhibit Exhibit 68, # 69 Exhibit Exhibit 69, # 70 Exhibit Exhibit 70, # 71 Exhibit Exhibit 71, # 72 Exhibit Exhibit 72, # 73 Exhibit Exhibit 73, # 74 Exhibit Exhibit 74, # 75 Exhibit Exhibit 75, # 76 Exhibit Exhibit 76, # 77 Exhibit Exhibit 77, # 78 Exhibit Exhibit 78, # 79 Exhibit Exhibit 79, # 80 Exhibit Exhibit 80, # 81 Exhibit Exhibit 81, # 82 Exhibit Exhibit 82, # 83 Exhibit Exhibit 83, # 84 Exhibit Exhibit 84, # 85 Exhibit Exhibit 85, # 86 Exhibit Exhibit 86, # 87 Exhibit Exhibit 87, # 88 Exhibit Exhibit 88, # 89 Exhibit Exhibit 89, # 90 Exhibit Exhibit 90, # 91 Exhibit Exhibit 91, # 92 Exhibit Exhibit 92, # 93 Exhibit Exhibit 93, # 94 Exhibit Exhibit 94, # 95 Exhibit Exhibit 95, # 96 Exhibit Exhibit 96, # 97 Exhibit Exhibit 97, # 98 Exhibit Exhibit 97 part 2, # 99 Exhibit Exhibit 98, # 100 Exhibit Exhibit 99, # 101 Exhibit Exhibit 100, # 102 Exhibit Exhibit 101, # 103 Exhibit Exhibit 102, # 104 Exhibit Exhibit 103, # 105 Exhibit Exhibit 104, # 106 Exhibit Exhibit 105, # 107 Exhibit Exhibit 106, # 108 Exhibit Exhibit 107, # 109 Exhibit Exhibit 108, # 110 Exhibit Exhibit 109, # 111 Exhibit Exhibit 110, # 112 Exhibit Exhibit 111, # 113 Exhibit Exhibit 112, # 114 Exhibit Exhibit 113, # 115 Exhibit Exhibit 114, # 116 Exhibit Exhibit 115, # 117 Exhibit Exhibit 116, # 118 Exhibit Exhibit 117, # 119 Exhibit Exhibit 118, # 120 Exhibit Exhibit 119, # 121 Exhibit Exhibit 120, # 122 Exhibit Exhibit 121, # 123 Exhibit Exhibit 122, # 124 Exhibit Exhibit 123, # 125 Exhibit Exhibit 124, # 126 Exhibit Exhibit 125, # 127 Exhibit Exhibit 126, # 128 Exhibit Exhibit 127, # 129 Exhibit Exhibit 128, # 130 Exhibit Exhibit 129, # 131 Exhibit Exhibit 130, # 132 Exhibit Exhibit 131, # 133 Exhibit Exhibit 132, # 134 Exhibit Exhibit 133, # 135 Exhibit Exhibit 134, # 136 Exhibit Exhibit 135, # 137 Exhibit Exhibit 136, # 138 Exhibit Exhibit 137, # 139 Exhibit Exhibit 138, # 140 Exhibit Exhibit 139, # 141 Exhibit Exhibit 140, # 142 Exhibit Exhibit 141, # 143 Exhibit Exhibit 142, # 144 Exhibit Exhibit 143, # 145 Exhibit Exhibit 144, # 146 Exhibit Exhibit 145, # 147 Exhibit Exhibit 146, # 148 Exhibit Exhibit 147, # 149 Exhibit Exhibit 148, # 150 Exhibit Exhibit 149, # 151 Exhibit Exhibit 150, # 152 Exhibit Exhibit 151, # 153 Exhibit Exhibit 152, # 154 Exhibit Exhibit 153, # 155 Exhibit Exhibit 154, # 156 Exhibit Exhibit 154 Part 2, # 157 Exhibit Exhibit 154 Part 3, # 158 Exhibit Exhibit 154 Part 4, # 159 Exhibit Exhibit 155, # 160 Exhibit Exhibit156, # 161 Exhibit Exhibit 157, # 162 Exhibit Exhibit 158, # 163 Exhibit Exhibit 159, # 164 Exhibit Exhibit 160, # 165 Exhibit Exhibit 161, # 166 Exhibit Exhibit 162, # 167 Exhibit Exhibit 163, # 168 Exhibit Exhibit 164, # 169 Exhibit Exhibit 165, # 170 Exhibit Exhibit 166, # 171 Exhibit Exhibit 167, # 172 Exhibit Exhibit 168, # 173 Exhibit Exhibit 169, # 174 Exhibit Exhibit 170, # 175 Exhibit Exhibit 171, # 176 Exhibit Exhibit 172, # 177 Exhibit Exhibit 173, # 178 Exhibit Exhibit 174, # 179 Exhibit Exhibit 175, # 180 Exhibit Exhibit 176, # 181 Exhibit Exhibit 177, # 182 Exhibit Exhibit 178, # 183 Exhibit Exhibit 179, # 184 Exhibit Exhibit 180, # 185 Exhibit Exhibit 181, # 186 Exhibit Exhibit 182, # 187 Exhibit Exhibits 183 - 187, # 188 Exhibit Exhibit 188)(Figueira, Elizabeth)

DECLARATION

OF ROBERT TUR
113

Figueira

Den. Tab 113

Robert Tur declare

as follows

1.

am an owner of

the Los Angeles

News

Service

LANS.

2.

LANS

is

duly

accredited

news

gathering

and reporting organization

which

produces

video

and audio

tape

recordings

of newsworthy

events.

3.

LANS
and
sells

both

operates

and contracts

to

other

news

organizations

and

to

licenses

news video

videotapes photographs

and other products

used

by

other

news

operations

for all

media

including

television

cable

motion picture

Internet
13

and

print

media.

14

4.

am

the

owner of

inter alia

the following

registered copyrighted

works
16

17

a.

PA-576-702

Beating of man

in

brown hatchback

with

18

rescueS
19

20

b.

PA-S 76-703 Beating of man PA-839-603

in white

panel

truck

21

c. 22 d.
23

Earthquake
Beating of Reginald North

PA-S 76-704

Denny

and

24

e.

PA-862-544

Hollywood shootout.

25

Each
26

of these

five

works

collectively

Infringed

Works-A

has

been

uploaded

27

on

the

Youlube

website

YouTube.com

both

before

the filing of the complaint

in

28

this

case

after

service

of

the

complaint

on
12

Youlube and

presently.

NOTICE OF MOTION

AND MGUON

FOR SUMMARY

ADJUDICATION

5.

At no

time

have

given

an assignment

license

or permission of any

kind

to

YouTube

or to any of

its

users

who have uploaded

my i9ghted

works

onto

YouTube.com.

6.

representative

set

of infringements

currently

ongoing

of

my
are true

Infringed

Works-A

include

Exhibits

1-8 attached

hereto.

These

exhibits

and correct

copies

of downloads

of YouTube.com

taken

after

my

complaint

was

served

upon

YouTube.

Each of them shows

frame from one of

my

infringed

Works-A juxtaposed

against

the following

types

of advertising

banner

12

advertising

such

as

for

NetFlix

promotion

of other YouTube.com

videos

on

the right side of the screen
14

captured
of

promotion/branding

of the

YouTubecom

15

logo

and name at the upper

part

the

screen

captured.

16

7.
17

At the YouTube.com

website

is

the User

Agreement

which

must

automatically

be accepted

electronically

by each

user.

Section

5.B

of the User

19

Agreement

states

in relevant

part

20

.you
21

hereby grant YouTube
sublicenseable derivative

worldwide

non-exclusive
to

royalty-free
22

and transferable license works
the

use reproduce

distribute prepare

of

display

and perform the User Website and

Submissions
23

in connection

with

YouTube

YouTubes
for

and
24

its

successors

business including
part

without

limitation

promoting and
derivative

redistributing

or

all

of the YouTube
formats

Website

and

25

works

thereof

in

any media

and through any media

channels.
26

You

also hereby grant each license
to

user of the

YouTube

Website

non-exclusive

access

your User Submissions through the
distribute prepare derivative

27

Website

and

to

use reproduce

works

of

display and
functionality

perform such User Submissions as permitted of the Website and under these
13

through the

Terms of

Service....

NOTICE OF MOTION

AND MOTION

FOR SUMMARY

ADJUDICATION

derivative works channels.

You
and

and through any media also hereby grant each user of the YouTube Website thereof
in

any media

fonnats

non-exclusive

license
to

to access

your User Submissions
distribute prepare

it

the

Website

use reproduce

derivative

works

of

display and perform
fhnctionality

such User Submissions as permitted and under these

through the

of the Website

Terms of

Service....

The foregoing

facts

are within

my

personal

knowledge

and

could

competently

testify

to

them.

declare

under penalty

of perjury under the laws of the United

States

of

America

that

the foregoing

is

true

and

correct.

12

Executed

this

13th

day of

November 2006

at

ifornia.

13

14

15

16

17

18

20

21

22

23

24

25

26

27

28

14

NO11CE

OF MOTION

AND MOTION

FOR SUMMARY

ADJUDICATION

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