Documente Academic
Documente Profesional
Documente Cultură
#:7453
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vs.
BRIDG PORT MUSIC INC., a
Michigan co -poratioo; FRANKlE
CHRISTIAN GA YE, .an individual;
MARVIN GAYE.IIlAall individual;
NONA MARVISA \.lAVE, an
individual; and DOES 1 through 10,
inclu ive,
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(AGRx)
Defendants.
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AND RELATED COUNTERCLAIMS
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1.
the similarities and differences between the songs "Blurred Lines" and "Got to Give It
Up" and the similarities and differences between the songs "Love after War" and "After
the Dance."
2.
The information
3.
11 for use at trial, I created a slide which refers to "Theme X." I have reviewed the portion
12 of the lead sheet included on page 18 of the Court's Summary Judgment Order.
The
13 "Theme X" defined by the Court is wholly different from the "Theme X" referenced in my
14 October 31 expert report that was submitted following the Court's ruling, and in the
15 demonstratives I prepared for trial.
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4.
The Court in its Summary Judgment Order stated that what it was
17 referring to as Theme X begins after the lyrics "Think I'm Gonna Let You Do It." As
18 shown on the deposit copy lead sheet, the lyrics that the Court cites are followed by the
19 song's hook "Keep on Dancin." There is no "Theme X" after the lyrics the Court cited,
20 and my October 31 report, issued following the Court's ruling, and testimony, does not
21 claim that it is. The "Theme X" in my October 31 report is a four note vocal melody
22 referred to at paragraphs 22-24.
23 "Dancin'
24 repeated 14 times in 14 bars in the lead sheet. This vocal melody appears on page 2 of
25 Part 2 of the deposit copy immediately after the words "I've Got To Give It Up." It
26 occupies nearly all of staves 2 and 3 on page 2 of the deposit copy.
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5.
The Court ruled that the 4 note vocal melody was allowable at trial in
28 its summary judgment ruling. We believe this to be the same 4 note vocal melody I am
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1 referring to as Theme X, but because of the name I gave it in my October 31 report, and
2 demonstratives, we wanted to clarify that "my" Theme X, the four note vocal melody
3 represented in the deposit copy lead sheets, is not the same as the Theme X the Court
4 said was not in the lead sheet.
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6.
7 the lead sheet for "Got to Give it Up" which contains the four-note vocal melody referred to
8 as "Theme X."
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10 Pursuant to 28 U.S.C. 1746, I declare under penalty of perjury that the foregoing is true
~~ and correct. Executed this 3rt! day of February 2015.
;I:U
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//~h
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JUDITH FINELL
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