MCCLATCHEY v. ASSOCIATED PRESS

Filing 43

PRETRIAL STATEMENT filed by ASSOCIATED PRESS. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Berry, Michael)

MCCLATCHEY v. ASSOCIATED PRESS

Doc. 43 Att. 3

Case 3:05-cv-00145-TFM

Document 43-4

Filed 04/18/2007

Page 1 of 4

EXHIBIT C

Dockets.Justia.com

Case 3:05-cv-00145-TFM

Document 43-4

Filed 04/18/2007

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DOCUMENTS AND OTHER EVIDENCE AP EXPECTS TO OFFER Exhibit Number DEF 1 DEF 2 DEF 3 DEF 4 DEF 5 DEF 6 DEF 7 DEF 8 DEF 9 DEF 10 DEF 11 DEF 12 DEF 13 DEF 14 DEF 15 Description of Exhibit Complaint for Copyright Infringement Answer and Defenses Plaintiff's Response to Defendant's First Request for Production of Documents Defendant's Response to Plaintiff's First Request for Production of Documents Responses and Objections of Defendant The Associated Press to Plaintiff's First Set of Interrogatories (Nos. 1-16) to Defendant Responses and Objections of Defendant The Associated Press to the First Set of Requests for Admission by Plaintiff Valencia McClatchey Plaintiff's Response to Defendant's Request for Admission Transcript of Deposition of Valencia McClatchey taken March 14, 2006, and exhibits thereto Declaration of Val McClatchey dated June 18, 2006 Excerpt from AP Stylebook 2005 ­ NAA/IPTC Header Fields (AP00045-46) Excerpt from AP Stylebook 2005 ­ Photo Captions (AP00047-49) Information Sheet on AP PhotoStream (AP00065-69) AP Photo Archive - Terms and Conditions of Use (AP00180-83) Printout of AP computer file with photograph and metadata (AP00185) AP computer version of story dated September 12, 2002 titled "Woman who captured searing Flight 93 image struggles a year later" (AP00186-87) Acquired Footage/Still Photograph License between Valencia McClatchey, Brook Lapping Productions, and Discovery Communications, Inc. executed on or about July 14, 2005 (MC 00001-02) Email dated June 19, 2002 from [e-mail] to Valencia McClatchey (MC 00008)

DEF 16

DEF 17

Case 3:05-cv-00145-TFM

Document 43-4

Filed 04/18/2007

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Exhibit Number DEF 18 DEF 19 DEF 20 DEF 21 DEF 22 DEF 23 DEF 24 DEF 25 DEF 26 DEF 27 DEF 28 DEF 29 DEF 30 DEF 31 DEF 32 DEF 33 DEF 34 DEF 35 DEF 36

Description of Exhibit Email exchange dated August 13, 2002 between Helen Novasky Decher and Valencia McClatchey (MC 00016-17) Email exchange between Val McClatchey and Michael Mercanti containing messages dated August 13, 2002 and August 14, 2002 (MC 00018) Agreement with Freelance Contributors between Valencia McClatchey and The Washington Post dated March 11, 2002 (MC 00038) Philadelphia Newspapers, Inc. check stub for $200 payment to Val McClatchey dated September 25, 2002 (MC 00185) U.S. News & World Report check stub for $450 payment to Valencia McClatchey dated November 26, 2002 (MC 00188-89) Article titled "Woman who captured Flight 93 image struggles a year later," published on September 12, 2002 in The Progress (MC 00199) Article titled "Three-minute Discrepancy in Tape," published on September 16, 2002 in the Philadelphia Daily News (MC 00228) Demonstrative exhibit of AP article Demonstrative exhibit of photograph as distributed to AP members and stored in PhotoArchive Demonstrative exhibit concerning plaintiff's distribution of photograph Demonstrative exhibit concerning the fair use doctrine Demonstrative exhibit concerning the fair use doctrine Demonstrative exhibit concerning the fair use doctrine Demonstrative exhibit concerning the fair use doctrine Demonstrative exhibit concerning the fair use doctrine Demonstrative exhibit concerning liability under the Copyright Act Demonstrative exhibit concerning liability under the Copyright Act Demonstrative exhibit concerning liability under the Copyright Act Demonstrative exhibit concerning liability under the Copyright Act

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Case 3:05-cv-00145-TFM

Document 43-4

Filed 04/18/2007

Page 4 of 4

Exhibit Number DEF 37 DEF 38 DEF 39 DEF 40 DEF 41 DEF 42 DEF 43

Description of Exhibit Demonstrative exhibit concerning liability under the Copyright Act Demonstrative exhibit concerning liability under the Digital Millennium Copyright Act Demonstrative exhibit concerning liability under the Digital Millennium Copyright Act Demonstrative exhibit concerning liability under the Digital Millennium Copyright Act Demonstrative exhibit concerning liability under the Digital Millennium Copyright Act Demonstrative exhibit concerning liability under the Digital Millennium Copyright Act Timeline of Litigation

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