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

Filing 276

DECLARATION of Elizabeth Anne Figueira, Esq. in Opposition re: 167 MOTION for Summary Judgment.. 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., Stage Three Music (US), Inc., Bourne Co.. (Attachments: # 1 Exhibit 189, # 2 Exhibit 190, # 3 Exhibit 191, # 4 Exhibit 192, # 5 Exhibit 193, # 6 Exhibit 194, # 7 Exhibit 195, # 8 Exhibit 196, # 9 Exhibit 197, # 10 Exhibit 198, # 11 Exhibit 199, # 12 Exhibit 200, # 13 Exhibit 201, # 14 Exhibit 202, # 15 Exhibit 203, # 16 Exhibit 204, # 17 Exhibit 205, # 18 Exhibit 206, # 19 Exhibit 207, # 20 Exhibit 208, # 21 Exhibit 209, # 22 Exhibit 210, # 23 Exhibit 211, # 24 Exhibit 212, # 25 Exhibit 213, # 26 Exhibit 214, # 27 Exhibit 215, # 28 Exhibit 216, # 29 Exhibit 217, # 30 Exhibit 218, # 31 Exhibit 219, # 32 Exhibit 220, # 33 Exhibit 221, # 34 Exhibit 222, # 35 Exhibit 223, # 36 Exhibit 224 Part 1, # 37 Exhibit 224 Part 2, # 38 Exhibit 225, # 39 Exhibit 226, # 40 Exhibit 227 Part 1, # 41 Exhibit 227 Part 2, # 42 Exhibit 227 Part 3, # 43 Exhibit 227 Part 4, # 44 Exhibit 228, # 45 Exhibit 229, # 46 Exhibit 230, # 47 Exhibit 231, # 48 Exhibit 232, # 49 Exhibit 233, # 50 Exhibit 234, # 51 Exhibit 235, # 52 Exhibit 236, # 53 Exhibit 237, # 54 Exhibit 238, # 55 Exhibit 239, # 56 Exhibit 240, # 57 Exhibit 241, # 58 Exhibit 242, # 59 Exhibit 243, # 60 Exhibit 244, # 61 Exhibit 245, # 62 Exhibit 246, # 63 Exhibit 247, # 64 Exhibit 248, # 65 Exhibit 249, # 66 Exhibit 250, # 67 Exhibit 251, # 68 Exhibit 252, # 69 Exhibit 253, # 70 Exhibit 254, # 71 Exhibit 255, # 72 Exhibit 256, # 73 Exhibit 257, # 74 Exhibit 258, # 75 Exhibit 259, # 76 Exhibit 260, # 77 Exhibit 261, # 78 Exhibit 262, # 79 Exhibit 263, # 80 Exhibit 264, # 81 Exhibit 265, # 82 Exhibit 266, # 83 Exhibit 267, # 84 Exhibit 268, # 85 Exhibit 269, # 86 Exhibit 270, # 87 Exhibit 271, # 88 Exhibit 272 Part 1, # 89 Exhibit 272-2, # 90 Exhibit 272 Part 3, # 91 Exhibit 272 Part 4, # 92 Exhibit 272 Part 5, # 93 Exhibit 272 Part 6, # 94 Exhibit 272 Part 7, # 95 Exhibit 272 Part 8, # 96 Exhibit 272 Part 9, # 97 Exhibit 272 Part 10, # 98 Exhibit 272 Part 11, # 99 Exhibit 272 Part 12, # 100 Exhibit 272 Part 13, # 101 Exhibit 272 Part 14, # 102 Exhibit 272 Part 15, # 103 Exhibit 272 Part 16, # 104 Exhibit 272 Part 17, # 105 Exhibit 272 Part 18, # 106 Exhibit 272 Part 19, # 107 Exhibit 273, # 108 Exhibit 274, # 109 Exhibit 275, # 110 Exhibit 276, # 111 Exhibit 277, # 112 Exhibit 278, # 113 Exhibit 279, # 114 Exhibit 280, # 115 Exhibit 281, # 116 Exhibit 282, # 117 Exhibit 283, # 118 Exhibit 284, # 119 Exhibit 285, # 120 Exhibit 286, # 121 Exhibit 287, # 122 Exhibit 288, # 123 Exhibit 289, # 124 Exhibit 290, # 125 Exhibit 291, # 126 Exhibit 292, # 127 Exhibit 293, # 128 Exhibit 294, # 129 Exhibit 295, # 130 Exhibit 296, # 131 Exhibit 297, # 132 Exhibit 298, # 133 Exhibit 299, # 134 Exhibit 300, # 135 Exhibit 301, # 136 Exhibit 302, # 137 Exhibit 303, # 138 Exhibit 304, # 139 Exhibit 305, # 140 Exhibit 306, # 141 Exhibit 307, # 142 Exhibit 308, # 143 Exhibit 309, # 144 Exhibit 310, # 145 Exhibit 311, # 146 Exhibit 312, # 147 Exhibit 313, # 148 Exhibit 314, # 149 Exhibit 315, # 150 Exhibit 316, # 151 Exhibit 317, # 152 Exhibit 318, # 153 Exhibit 319, # 154 Exhibit 320, # 155 Exhibit 321, # 156 Exhibit 322, # 157 Exhibit 323, # 158 Exhibit 324, # 159 Exhibit 325, # 160 Exhibit 326, # 161 Exhibit 327, # 162 Exhibit 328, # 163 Exhibit 329, # 164 Exhibit 330, # 165 Exhibit 331, # 166 Exhibit 332, # 167 Exhibit 333 Part 1, # 168 Exhibit 333 Part 2, # 169 Exhibit 334, # 170 Exhibit 335, # 171 Exhibit 336, # 172 Exhibit 337, # 173 Exhibit 338)(Figueira, Elizabeth)

Figueir

Deci

Thb

332

AGREEMENT between Street
Cherry
11th

dated
Lane

as

of

this

1St

day

of

January

2005

by

and

Music

Publishing New York

Company
10016

Inc

East

32

Floor New
as

York

hereinafter

referred to
of The

Publisherand

David

Gresham

Music

division

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Orange

Gresham Grove

Entertainment

Group

Pty Ltd

P.O

Box

46020
as

2119

south

Africa

hereinafter

referred

to

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WHEREAS
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Publisher
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is

actively
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engaged

in

the and

United

States

America

in

business
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music

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of

publishing Namibia
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the

territory all SM4RO

designated

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Africa

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territories

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NOW
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referred to as Licensee
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within

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phonograph
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and

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CH00113459

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of

any

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after

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suits

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statements either

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407179v3

shall

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both

parties hereto

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this

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except by

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instrument

part

written

signed by both Without
to

parties hereto Publishers
if

12
pursuant business

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termination
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right doing

paragraph
music

above

Licensee

cease

as case

publisher

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commences

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relief

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any the

of

such

events

but

subject

in

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instance

to

the

rules

of

local of

performance rights and in

right the

society

in

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all

grants

Compositions

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to

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immediately shall

terminate
be

13
hereto
shall and not

This

Agreement

binding
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upon

the

parties Licensee of this

their

respective
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initio
rights the normal

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sub-license

business Licensee
Publisher agrees has that in the this

14
Licensee
deliver
to

event

in

the

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of

breached

Agreement certified

Licensee

shall

Publisher

by registered

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return notice

receipt

requested
all such

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breaches
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sixty to

60

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expiration sixty

of

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sixty

60

day

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has

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same

15
Agreement revealed
employees

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16
the and terms

Irrespective and
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execution
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performance
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laws

New

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venue

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District

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adjudication
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alleged
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personally
Itt

served

upon

Licensee

within

New

York

State

WITNESS
the

WHEREOF
day and

the

parties above

hereto

have

set

their

hands

and

seals

year

first

written PUBLISHING COMPANY

CHERRY
INC

LANE

MUSIC

By Aida

David

Gresham Music
of

division

Entertainment

up

The

David

Gresham

Pty

Ltd

By Gre sham

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SCHEDULE

To Agreement dated as of the 2005 day of January by and between Inc and David Cherry Lane Music Publishing Company division of The David Gresham Entertainment Gresham Music Ltd the Agreement Group

Pty

as used in the Agreement shall he all inclusive of those set forth compositions on Schedules or controlled through hereof presently owned by Publisher and all musical compositions hereafter so owned or the Term of the Agreement so controlled by Publisher during said Term as they continue for so long during to be so owned or with respect Publisher is possessed of controlled to which herein Licensee for the Licensed the rights granted to musical said Territory for so long during to be possessed of such rights Term as
uPublisherli

COMPOSITIONS

continues

the foregoing it is specifically Notwithstanding that understood and agreed as used in the Compositions shall not include musical Agreement compositions hereafter as part of acquired by Publisher major acquisition of administration rights and/or ownership major acquisition shall be an acquisition by Publisher with respect to which Publisher in excess
is of

required

to

$500000.00

and/or an advance pay purchase price Publisher shall offer Licensee the

the musical derived from opportunity to have compositions as major acquisition included Compositions hereunder in for which Licensee shall pay an advance exchange to be in good faith between Licensee and Publisher Should negotiated Licensee such and Publisher Publisher to fail shall third to reach the agreement right for the
to

on

the

amount such

of

advance

have

offer

musical

compositions

rights to third party provided that it shall not for an advance more favorable to such third party than was offered to Licensee without first offering said musical lower to Licensee at such advance compositions

parties such grant

Licensed

Territory

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SCHEDULES To

through

Agreement
1st

Dated as January
Between

of 2005

the

day

of

By

and

Cherry

Lane

Music

Publishing
and

Company

Inc

David

division
Entertainment

Gresham Music of The David Gresham
Group

Pty Ltd
Acquired heretofore

Schedule

CL/DM Dimensional supplied DWAV
8KG Film and

Schedule

Television

heretofore

supplied Schedule DMOTHER Dimensional Other heretofore supplied DNLR
Dinensional Low

Songs

Schedule

Royalty

heretofore

supplied
Schedule

Gregmark Compositions supplied
PF Pokemon

heretofore

Schedule

Film Compositions

heretofore

supplied
Schedule ELVI Elvis Presley

heretofore
Schedule

Music/Gladys supplied Deleted heretofore supplied

Music

Intentionally NICK-O-VAL
4KIDS Black SAT 4Kids

Schedule Schedule Schedule Schedule

Entertainment

heretofore

supplied
Eyed Special

Peas

heretofore supplied Acquisition Titles heretofore

supplied
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