Pharrell v. Gaye - Blurred Lines - Gaye Joint Trial Brief - Busch Declaration PDF

Case 2:13-cv-06004-JAK-AGR Document 246-1 Filed 02/04/15 Page 1 of 75 Page ID
#:7378
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Paul H. Duvall (SBN 73699)

E-Mail: pduvall@kingballow.com
KING & BALLOW
6540 Lusk Blvd., Suite 250
San Diego, CA 92121
(858) 597-6000
Fax: (858) 597-6008
Attorneys for Defendants and CounterClaimants Frankie Christian Gaye and
Nona
Marvisa Gaye
Gaye
Nona Marvisa
Richard S. Busch (TN BPR 014594)

(pro
pro hac vice)
vice)
EMail: rbusch@kingballow.com
E-Mail:
rbusch@kingballow.com
pro hac vice)
vice
Sara R. Ellis (TN BPR 030760 (pro
Email: sellis@kingballow.com
LOW
KING & BALLOW
315 Union Street, Suite 1100
Nashville, TN 37201
(615) 259-3456 Fax: (615) 726-5417
Attorneys for Defendants and CounterClaimants Frankie Christian Gaye and Nona
Marvisa Gaye
Marvisa
Mark L. Block (SBN 115457)

E-Mail: mblock@wargofrench.com
WARGO & FRENCH LLP
1888 Century Park East; Suite 1520
Los Angeles, CA 90067
(310) 853-6355 Fax: (310) 853-6333
Nona
Marvisa Gaye
Gaye
Nona Marvisa
Paul N. Philips (SBN 18792)

E-Mail: pnp@pnplegal.com
w Offices
Offices of Paul
Paul N. Philips
Philips
The Law
9255 West Sunset Boulevard
West Hollywood, CA 90069
(323)813-1126 Fax: (323) 854-6902
Attorney for Defendant and Counter-Claimant
Marvin Gaye
Gaye III
Marvin
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

PHARRELL WILLIAMS, an
individual; ROBIN
ROBIN THICKE,
THICKE, an
individual;
individual; and CLIFFORD HARRIS,
individual,
JR., an individual,
18
Plaintiffs,
19
vs.
Case No. CV13-06004-JAK (AGRx)

Hon. John A. Kronstadt
DECLARATION OF RICHARD S.
BUSCH IN SUPPORT
SUPPORT OF COUNTERBUSCH
CLAIMANTS JOINT TRIAL BRIEF
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BRIDGEPORT MUSIC, INC., a

Michigan
Michigan corporation;
cOrPoration FRANKIE
CHRISTIAN GAYE,
GAYE, an individual;
individual;
CHRISTIAN
MARVIN GAYE III, an individual;
NONA
MARVISA GAYE,
GAYE, an
NONA MARVISA
individual; and DOES 1 through 10,
inclusive,
inclusive,
Action Commenced: August 15, 2013

Trial Date: February 10, 2015
24
Defendants.
25
_______________________________
26
RELATED COUNTERCLAIMS
COUNTERCLAIMS
AND RELATED
27
28
1

#:7379
DECLARATION OF RICHARD S. BUSCH
I, Richard S. Busch, declare and state:
1.
I am a partner in this law firm of King & Ballow and lead counsel for
4 Counter-Claimants Nona Marvisa Gaye and Frankie Christian Gaye (Counter5 Claimants) in the above-captioned matter. My application to appear and participate in
6 this action pro hac vice has been approved the Court. The information contained in this
7 Declaration is based upon my personal knowledge. If called as a witness, I could and
8 would testify competently to the contents of this Declaration.
9
2.
Attached hereto as Exhibit A is a true and correct copy of excerpts of the
10 Trial Transcript of Three Boys Music Corp. v. Bolton;

11
3.
Attached hereto as Exhibit B is a true and correct copy of excerpts of the
12 April 23, 2014 Deposition of Robin Thicke;

13
4.
Attached hereto as Exhibit C is a true and correct copy of excerpts of the
14 April 21, 2014 Deposition of Pharrell Williams;

15
5.
Attached hereto as Exhibit D is a true and correct copy of excerpts of the
16 July 11, 2014 Deposition of Jason Gallien;

17
6.
Attached hereto as Exhibit E is a true and correct copy of Transcript of
18 Proceedings for the January 26, 2015 Final Pretrial Conference in this matter, Williams
19 v. Bridgeport Music, et al., CV 13-6004-JAK(AGRx).
20
7.
Attached hereto as Exhibit F is a true and correct copy of excerpts of the
21 UMG Marketing Plan: Robin Thicke Blurred Lines Marketing Plan, updated October
22 1, 2014;
23
8.
Attached hereto as Exhibit G is a true and correct copy of excerpts of Hip
24 Hop Wired blog, March 20, 2013;

25
9.
Attached hereto as Exhibit H is a true and correct copy of Robin Thicke
26 Discusses Working with Pharrell, Kendrick Lamar, 2 Chainz, Michael Jordan & More,
27 Highsnobiety, July 29, 2013;
28
10.
Attached hereto as Exhibit I is a true and correct copy of excerpts of the

-2-

#:7380
1 October 16, 2014 Deposition of Nicole Bilzerian;

2
11.
Attached hereto as Exhibit J is a true and correct copy of the October 27,
3 2014 Deposition of Harry Weinger;

4
12.
Attached hereto as Exhibit K is a true and correct copy of the Copyright
5 Catalog page from the United States Library of Congress, Copyright Office website
6 database for the Blurred Lines sound recording;
7
13.
Attached hereto as Exhibit L is a true and correct copy of Harry Weinger
8 correspondence;
9
Pursuant to 28 U.S.C. 1746, I declare under penalty of perjury that the foregoing
10 is true and correct. Executed this 3rd day of February, 2015.

11
12
/s/ Richard S. Busch

RICHARD S. BUSCH
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-3-
- .. ----....

#:7381
Exhibit A
<

#:7382
Page 1
IN THE UNITED
1
2
CENTRAL
PHARRELL
DISTRICT
STATES
OF CALIFORNIA,
WILLIAMS,
an
ROBIN
THICKE,
individual;
and CLIFFORD
an
JR., an individual,
)
) No. cv13-06004-JAK
)
vs.
BRIDGEPORT
MUSIC,
corporation;
a Michigan
FRANKIE
CHRISTIAN
MARVIN
GAYE,
an individual;
GAYE,
III, an individual;
MARVISA
10
NONA
GAYE, an individual;
and DOES
1 through
)
)
10,
inclusive,
11
Defendants.
12
DIVISION
Plaintiffs,
WESTERN
)
COURT
individual;
HARRIS,
DISTRICT
-------------------------------)
13
14
15
16
17
VIDEOTAPED
DEPOSITION
New York,
18
Thursday,
19
OF DAG SANDSMARK
New York
July 17, 2014
20
21
22
23
Reported
by:
24
JOMANNA
DeROSA,
25
JOB NO.
81568
CSR
TSG Reporting - Worldwide
877-702-9580

#:7383
Page
1
A.
One time.
Q.
Have
learn
what
you had the opportunity
the procedure
to
is of a deposition?
A.
Sure,
Q.
I'll just give you then two minor
things:
question,
please
yeah.
One, to the extent

if there's
ask me.
any clarification
A.
Okay.
10
Q.
--
11
A.
Yes.
12
Q.
The second
that's
will
a good
court
14
not to talk over each other.
15
I'm as guilty
16
I hesitate
be taking
you need,
17
have
is Slnce the
this dowh,
let's try
And as you just saw,
of that as you are because
and you expect
to answer,
sometimes
and then we
a bad record.
So, I'll try to not dangle
18
19
sentences,
20
finish
21
questions.
and hope
my sentences
Thank
what
that you'll
before
my
wait until
you answer
the
you.
What
22
instruction?
instruction
13
23
understand
Is that
reporter
you don't
is your position
I'll call the Sony/ATV
24
A.
My title?
25
Q.
Well,
we'll
in the
organization?
start with
877-702-9580
your title.

#:7384
Page 7
1
A.
president,
Music
Okay.
business
All right.
and legal
Q.
Sony/ATV?
A.
Music
Q.
Okay.
April
affairs,
Publishing.
Do you have
some role in EMI
Music?
A.
Yes.
Q.
What
11
A.
It's one of the catalogs
12
administered
13
Q.
10
14
lS
answer
Okay.
15
A.
Yes.
16
Q.
Okay.
17
whatever
18
perform
19
Music?
position
to Jobete
A.
Yes.
21
Q.
Okay.
25
any, In Sony/ATV
that be the same
Music
I mean,
MR.
Sony/ATV
for Jobete
And what
Music
one of the Sony/ATV
Company?
So, just to cut through
you have with
20
24
And would
the same role
A.
that lS
by Sony/ATV.
respect
23
your role In EMI April
Music?
with
22
Sony/ATV
Publishing.
Itrs vice
other
companies
ZAKARIN:
you would
and EMI April
is your
Publishing
it,
role,
if
Acquisition?
than it's probably

that -Were you guessing?
877-702-9580

#:7385
Page 8
1
THE WITNESS:
Yeah.
MR.
Do you know what it
ZAKARIN:
is?
THE WITNESS:
yeah.
No, Slr.
there,
but yes.
to speak up just
10
MR.
Okay.
a little
ZAKARIN:
Q.
today,
In preparation
did you review

Yes.
14
Q.
What materials
15
A.
Basic
files that we had.
17
Q.
A.
basic
things
21
22
25
deposition
did you review?
-- song -- a couple
And
Okay.
that's
And what
really
of song
about it.
in the song files
Some
copyright
that were
forms,
lead sheets,
in the copyright
And what
file.
Q.
Okay.
is a copyright
A.
It's kind of a documentation
file?
23
24
for your
did you review?
19
20
bit.
any materials?
A.
18
just have
Speak up, project.
13
16
You'll
BY MR. KING:
11
12
I don't,
I'm not sure of the hierarchy
MR. KING:
I mean,
related
to the copyrighted
Q.
work.
And are those
files maintained
877-702-9580
in

#:7386
Page
1
the ordinary
much
course
of its catalog
A.
Yes.
Q.
Okay.
copyright
here,
song
files
of business
And were
"Got To Give It Up,"
the other
"After
Thank
The Dance"?
you.
"After
MR. BUSCH:
sooner
or later,
13
part
You'll
learn
the case
Howard.
MR. KING:
I know the important
of the case.
THE WITNESS:
15
Yes.
BY MR. KING:
17
Q.
copies
in those
And were
you able to find deposit
files?
19
A.
Yes.
The PA forms you mean?
20
Q.
Well,
I'm going
21
question
next.
22
23
What
the question.
Calls
Object
copy?
to the form of
for a legal
MR. ZAKARIN:
conclusion.
You can answer,
you know.
Yeah.
to ask you that
is a deposit
MR. BUSCH:
24
25
The
Dance."
11
18
at issue
is that
MR. KING:
16
Gaye songs
and whatever
14
you able to find
for the Marvin
MR. ZAKARIN:
12
for as
as it can document?
10
by Sony
877-702-9580
if

#:7387
Page 48
SO, at that point
1
2
do some analysis.
Correct?
A.
Yes.
Q.
What
talking
about
contacted
made
analysis
"Blurred
A.
10
compared
Okay.
13
that in a minute,
14
other
than
compare
No.
16
Q.
Okay.
17
I realize
18
songs,
19
process
20
songs?
it sounds
I'm gOlng
and
you went
obvious,
Did you mash
A.
else
the process?
I listened
any more
through
I mean,
a bunch
to ask you about
Do you recall
but do you have
21
25
songs
the two songs?
A.
24
to both
but did you do anything
15
forth
claim to be
Lines"?
I listened
Q.
23
did you do as to
them.
12
other?
the Gayes
or not there was a potential
against
22
we're
you.
What
whether
11
did you do -- again,
the time frame before
In time you did
detail
of listening
to the two
about the
to the two
did you do one and then the
them up?
of times?
I listened
What
Did you go back

did you do?
to both
of them back
forth.
and
877-702-9580
and

#:7388
Page 84
MR. BUSCH:
Object to form.
Lack
of foundation.
MR. ZAKARIN:
Only if you know.
THE WITNESS:
I don't know.
5
6
BY MR. KING:
Q.
Well, do you know what function --
what was then called Gordon V. Thompson Limited,
and I assume it's Thompson and Thompson now, but
I'm not sure, performed in 1977 on behalf of Sony
10
or its predecessor, Jobete?

MR. BUSCH:
11
12
13
14
15
16
BY MR. KING:
Q.
19
I'm just asking you about if you
know what they

A.
Yeah.
I mean, they publish -- they
publish the sheet music, as far as I know.

MR. BUSCH:
17
18
Object to form.
Object to form.
BY MR. KING:
Q.
Do you know if it's the business
20
practice of Jobete to maintain within each of its
21
song files the deposit copy of the composition
22
that was submitted with the copyright registration
23
application?
24
MR. BUSCH:
25
THE WITNESS:
Object to form.
I believe so.
877-702-9580

#:7389
Page 86
THE WITNESS:
have been
2
3
to compare
the notes
Q.
never
But if I understand
you've
Did I remember
seen the notes

that
A.
and the lyrics.
Exhibit
252 what
for "After
10
of "Blurred
I'm gOlng
I believe
to mark
as
to be the song file
The Dance."
(Exhibit 252 marked
11
Lines."
correctly?
MR. KING:
it correctly,
Yes.
for
identification.)
12
BY MR. KING:
Q.
Could
you verify
for me this is the
file for "After
The Dance"
maintained
14
15
song
16
Jobete
In the ordinary
course
17
A.
Yes.
18
Q.
Am I correct
19
credited
20
The
with
Dance."
ownership
that Marvin
Gaye is
of "After
Correct?
A.
Yes.
22
Q.
And someone
other
by
of business?
of 50 percent
21
23
it would
BY MR. KING:
13
If I did,
named
Leon Ware has the
half of the song?
24
A.
It's T-Boy
25
Q.
Okay.
Ross also has a share.
Can you tell
from this what
877-702-9580

#:7390
Exhibit B

#:7391
Case 2:13-cv-060Q4-JAK~GH . Document 232-2, FHed 01/29/45, .Page l of 43 -Paqe ID
#:6920
Data
No. of
Exhibit
Description
400.
April 27, 199~ Issue
Identified
Date of
Exhibit
,1
2
of Billboard
Magazine
3
401.
April
13, 1991 Issue
4
of'Billboard Magazine
5
402.
December
21, 1991
6
special
"Double
Issue!!
of Billboard Magazine
403.
Tape recordingof
appearance
Bolton's
on
10
the Arsenio
Hall Show
11
7/15/91
12
404.
Book authoredby
13
Anthony Ricigliano
14
titled Kelody and

15
Harmony
in Conte.mpory
16
SongwritingU
17
405
Book authored
by
18
Anthony Ricigliano
19
titled
IIPopular
and
20
Jazz Harmonyll
21
507.
Cassette
Tape
22
,/
........t
containing
the
23
complete
Isley Song
24
and the complete
25
Bolton-Goldmark
Song
26
27
28
,
..
".

#:7392
Case 2:13-cv-06004-JAK-AGR Document#:6921
232-2 Filed 01/29/15
Page 17 of 43 Page ID
101
1
2
bean filled, will go into the first bench and:take the first
seat near the walL
that first bench,
jurors,
begin
filling
(,.~
ask a question.
courtroomr
MR.
SUGARMAN:
SUGARMAN:
14
THE COURT:
15
(At
20
21
you ra lost in t.he

1
we apprroach for a minute?
May
Yes
the sidebar.)
MR. SU<iARMAN:
Did you pull Dut those question
marks and put them at the end?

THE COURT:
want
We've already done that.
I didn't
to announce who are ,the winners or who are the losers.

While we're
MR. Me NICHOLAS:
here,
as part
of t.he
voir dire weve agreed that it would be a good idea to play --
22
THECOURT:Play the tape,
23
MR. Me NICHOLAS:
24
THE COURT:
All
right
MR. Me NICHOLAS:
LUCILLE
yes.
It's exhibit
.1'.0"
25
the wall and
Your Honor.
THE COURT~ Yes
18
All right.
we'll help you.
12
19
with four
If you're confused, just
And if you look like
MR.
16
....
feel it'S a test.
11
17
12.
up four seats and on down the line.

Don't
13
-1_,....,.
llr
the next juror, which would be Juror No. 13/ will
10
la,
juror No.9,
to fill the second bench up against
then havefour jurors seated in
Once that bench has been completed
Youwill
507.
And it's all set to be played
M. LITSHEIM,
U. S.
COURT REPORTER

#:7393
Case 2:13-cv-06004-JAK-AGR
Document 232-2 Filed 01129115 Page 18 of 43 Page ID

#:6922
102
any time you want.
THE COURT:
area.
MR. SUGARMAN~
through
worka
craft from time to time,
for Hughes Aircraft
10
THE
as I went
COURT;
and we~ve represented

I have personally
As long as.he doesn't
Hughes
Air-
and I don't
know
know you,-- and
I will just once again make sure they don't know you or the
law firm.
11
12
As Karen mentioned,
this again, it occurred to me that No. lr Mr. Altman,
We'll do it as soon as we get to that
MR. MC NICHOLAS:
I don't think you have to do
that.
13
THE COURT:
14
MR.MC
15
MR.
16
TEE COURT:
Your don't think that is a problem?
?"
.'.
NICHOLAS:
Right.
All right.
SUGARMAN:
But I want
:you to know that Karen has
17
called our B list, and they will simply
18
through
19
won't know that but we know that.
20
/21
-- once we've
gone
the regular people, she will be~in with them.
MR. Me NICHOLAS:
Okay.
They'll
They
be selected
randomly.
0-".
22
,THE
23
MR. Me NICHOLAS:
24
(In open court.)
25
THE CLERK:
COURT:
LUCILLE
Yes, the B list will be random.'

Okay.
No. S, Alice Felix! F-e-l-i-x.
M. LITSHEIMr
U.S. COURT REPORTBR
Alice

#:7394
Document 232-2 Fried 01/29/15

#:6923
.j
~
337
This is a subconscious
1
2
and what you're about to hear is what ~ent into the
subconscious,
mindr
left, to your right.

.Mr, Bolton.
they are.
here Friday,
This is what went into the subconscious.

the chords,
c-h-o-r-d-s,
MR. Me NICHOLAS:
13
14
the Isley Brothers
15
were issued a copyright
16
on February
17
the single.
at 10:12 a.m. until

And
18
(Tape played
19
MR. MC NICHOLAS:
by them, and they

States Copyright
by the United
6, 1964 r and this
at 10:13 a.m. to 10~14 a.m.)

That's what went into the
computer,
into the subconscious
21
Mr. Goldmark, and this is what came out,
23
MR.
Wonderful Thingll
25
title-hook.
of Mr. Bolton
at lO:14t25
Me NICHOLAS~
24:
Office
is the song t.hat, came out on
20
(Tape played
10~12,5.)
this is the song recorded by
in 1964, copyrighted
22
This is
and melody.
(Audio tape played
12
a.m. until
The words
The title is simple,
and to
10:18.5 a.m.)
and lyrics
are what is.known in this
LUCILLE M. LITSHEIM,
so nOw you know who
Welcome to our court, gentlemen.
10
to me on my
And seated next to Mr. Goldmark is
They weren't
computer we call the human
Mr. Goldmark is seated next closest
11
into that wonderful
case
of Mr. Bolton and Mr, Goldmark.
copyright in~ringement
"Love
IS A
case as the
it's title of the song.
U.S. COURT REPORTER

#:7395
Case 2:13~cv-06004-JAK-AGR Document 232-2 Filed 01/29115
#:6924
524
THE CQURT:
MR. Me NICHOLAS;
exhibit
305.
r :
,
400, exhibit
in order,
moved
507 in evidence?
MR. Me NICHOLAS:
Has it already
again?
Why don't I just move it in
AS you say, better
redundant
12
MR. Me NICHOLAS:
admission
DE
50a.
than omit.
son
THE COURT:
Yesr Your Honor.
And that
Wefll move the
-- is that it?
14
May I just have a moment, Your Honor?
15
THE COURT:
16
(Discussion.)
17
MR. FOX:
18
MR. Me NICHOLAS:
Yes.
No, there'S
the admission of eKhibit
SHEBAR:
306.
MR.
21
THE COURT:
22
MR. Me NICHOLAS:
23
THE COURT:
24
MR. SUGARMAN:
we would
actually
831, 832.
20
25
been
Yes.
11
19
of exhibit
in?
MR. SHEBAR:
13
of exhibit 306.
402.
10
we'll offer
we'll move the admission
401, exhibit
IS exhibit
Next in order,
move the admission
We will
Next
All right.
others.
And lastly,
That was referred
to yesterday.
806.
Anything else?
No, Your Honor.
Thank you.
Okay.
Your Honor,
the only exhibit
move in at this time is 715, which
LUCILLE
I'll move
M. LtTSHEIM
that
is the tape of
U.S. COURT REPORTER

#:7396
Case 2:13~cv~06004~JAK~AGR Document232~2
#:6925
Filed 01/29/15
Page 21 of 43
Page 10
525
(.
the M9-rvin Gaye
"Some Kind Of Wonderful."
No
THE COURT:
MR. MC NICHOLAS!
THE COURT:
(Received
13, 100 thru
305, 306, 400 thru 402, 507, 508, 715( 806, 831, 832.)
THE COURT:
MR. Me NICHOLAS:
10
Mr.
Exhibit 715.
in Evidence
admitted.
Nos. 2 thru 6 5-A,
Exhibit
Does that
1101
200 thru
208, 302,
take care of the exhibits
May
so far?
I have just a mOlll.entwith
Fox?
12
MR. Me NICHOLAS:
between
13
Mr. Sugarman
a cassette
14
may recall,
Your Honor,
15
that.
17
MR. Me NICHOLAS:
not assigned
19
be in order
20
Yesterday
counsel
morning
sotto voce.)
gave
medley_
that we had some discussion
THE COURT:
18
plaintiffs'
with the Isley Brothers'
16
23
that's
106 thru
l04r
(Discussion
22
No objection.
All right,
11
21
objection?
You
about
Right.
that an exhibit
My understanding
numberr
is that we have
and I think
that would
for us to do so this morning.

THE COURT:
All right.
What
is the next ana in
THE CLERK:
Your Honor,
I'm not too sure because
order?
don't have the full exhibit
2.4
MR. FOX:
25
MR. Me NICHOLAS:
LUCILLE
list.
B35.
835.
M. LIT8HEIM~
U.S. COURT REPORTER

#:7397
Case 2: 13-cv-06004-JAK-AGR
Document 232-2
#:6926
Filed 01/29/15
Page 22 of 43
Page ID
160
Q.
Do you have your keyboard up there?

Yes.
Q.
other?
A.
The whole
Q.
Just
different
8.
A.
chorus
Would you play what you just compared, one after the
what you compared to show us that there are 16

pitches
-- the first chorus.
Yes, play the first chorus of one and the first

of the other.
10
Q.
Yes.
11
A.
Do you have a preference which one I start with?
12
Q.
No.
13
A.
This is the deposit copy.
14
it in the same key or should I play it in the key it's
15
written
16
Q.
You can transpose it.
17
A.
(Keyboard)
18
Q.
That's the deposit copy?
19
A.
Thatis the deposit copy.
20
Q.
NOW,
21
A.
(Keyboard)
Do you want me to transpose
in?
22
Why don't do you that.
the lead sheet.
Yes, I have recording as you did it on your lead
23
sheet.
24
Q.
25
does it?
Now
the deposit copy doesn't have an introduction,

#:7398
Case 2:13-cv-06004-JAK-AGR Document
232-2 Filed 01/29/15 Page 23 of 43 Page fD
#:6927
761
A.
Ne.
Q.
And your transcription
introduction;
A.
The recording
Q.
The deposit
A.
That's correct.
Q.
And the recording
A.
Yes.
Q.
10
A.
Yes, I believe so.
11
Q.
And the deposit
12
figures
13
A.
No, it doesn't.
14
Q.
15
A.
Yes.
16
Q.
Let's talk for a second,
17
art.
Firstr about prior art in general,
18
into two categories.
19
other
composers,
20
art.
Do you agree?
21
A.
All right.
22
Q.
And there's
23
that of composers,
24
A.
All right.
I understand
25
Q.
All right.
So let's just talk about the priox art
of the recording
right?
has an IntroductionT
copy doesn't
..
yes.
have a coda, correct?
does have a coda?
of it has a coda?
copy doesn't
as we've been talking
does have an
There's
other songs.
another
have instrumental
about it?
of the recording
Dr. EskelinJ
doeS?
about prior
I'll break it down
prior "art that's out thereT

That's
category
one category
of prior
of prior art which
is
body of work.
the difference,

Document#:7399
232-2 Filed 01/29/15 Page 24 of 43 Page Iq
#:6928
789
1
Do you have an opinion as to whether
or nat at
this stage of the work tape
stage of the ~ork tape, do you have an opinion as to whether
or not Mr. Bolton or Mr. Goldmark have developed a
substantially similar title hook phrase?
A.
Yes.
Q.
And now the reasonS for that opinion, please.
A.
The reasons -- I guess I don't understand the
question.
and I want to emphasize at this
It's a combination of elements that come together
10
at that point
11
Q.
12
earlier?
13
A.
to create
Same combination
the expression that is unique.
of elements that you told us about
Yes, yea,
14
MR. SUGARMAN:
15
THE COURT~
No.
Is there a question ~ending?

We're done with his question.
16
BY MR. MC NICHOLAS:
17
Q.
18
evidence, tape of the two songs.
19
their entirety to the end then I'll ask you some questions.
20
A.
21
(Tape play~d)
22
I would now like you to listen to exhibit 507 in

We'll play them .through
All right.
MR. MC NICHOLAS:
For the record that was the Isley
"Love Is A Wonderful Thing."
23
Brothers
24
Mr. Bolton's.
25
(Tape
played)
We til now hear

Document#:7400
232-2 Filed 01/29/15
Page 25 of 43 Page 10
#:6929
791
Stop.
We just heard bum bum da dum.
A.
instrumental
first statement
that ever so slightly so
(Tape played)
6
7
a
9
lead in with a 5 6 1 just before we hear the
Stop.
of the title hook.

we
You are going to hear the second
stop.
Now you are going to hear
and this is the one that shifts
11
(Tape played)
14
15
16
S~op.
3 2 1 6 1 brass
stop
just for a minute
Stop.
only to notice
that we just
That was the next title hook phrase.
into the second
chorus
Wefre
now.
That was the second phrase of the second chorus
22
title hook phrase, I mean+
23
(Tape played)
25
of the
(Tapeplayed)
(Tape played)
24
statement
Go ahead.
18
2~
on the
figure.
passed another inflection.
20
the third phrase
its position
You just heard another
17
19
statement
for the title hook tape playing.
conclusion, and let's hear that.
13
So could we just back up
get that connection.
10
12,
Another
Go ahead.
And here's the concluding phrase again of this

chorus which has the shifted ending.

#:7401
232-2 Filed 01/29/15 Page 26 0(43 "Page ID
#:6930
792
This
is the bridge
with the case at all.
(Tape pl~yed)
Stop.
section which has nothing
Let me tell you what's about
to happen.
to do
We're
gOing to get the brass
lead-in
lead into a key change
of the third chorus.
of the title
is identical to the Isley Brothers
including
(Tape played)
hook that
Stop_
figure,
This statement
This statement of the title
11
has the solo that varies the pitches
12
appropriate
13
statement of the title
14
[Tape played)
place
Stop.
15
turnaround
the rhythm.
Right there.
10
figure,
and it is another
Now, here
hook.
hook
on it, put it's in the

statement,
a varied
Go ahead.
is the ending phrase
in the third
16
chorus, the one in which Mr. Bolton toys with the placement
17
of the word
"18
song.
19
(Tape played)
"thing"
21
bit.
22
(Tape played)
24
25
its importanoe
in the total
Go.
Play the whole
20
23
emphasizing
A delay.
Another
thing in context.
delay,
And followed
bum bum da dum by that brass fill again.

Go ahead to the codal please.
Go back a little
bum bum bum bum

232-2 Filed 01/29/15 Page 27 of 43 Page ID
#:6931
793
1
Crape played)
Q.
That concludes
the plaiing
of exhibit
507.
Dr. Eskelin, let me turn your attention to
exhibit
copyrighted song, "Love Is A Wonderful Thing" ~hich ia on
deposit with the United states copyright office.
831.
This
is the lead sheet for the, Isley Brothers
Have you located that?
A.
Yes.
Q.
Do you have an opinion as to whether or not this lead
.1
10
sheet is sufficiently complete to identify the Isley
11
Brothers song "Love Is A Wonderful Thing"?
12
A.
i
!
i
Yes.
l3
M~. SUGARMAN;
14
THE COURT:
15
THE WITNESS:
Objection.
(
'.
';
i
Overruled.
16
BY MR. Me NICHOLAS:
17
Q,
18
questions,
19
A.
Yes.
Would you play it and then I'll ask you some other
(Keyboard)
20
THE WITNESS:
2L
could hear the lyric.
22
Q.
23
A.
24
wonderful thing; love is a wonderful thing; love is a
25
wonderful thing.
It
Would it help if I sang it instead?
would be helpful.
(Singing)Love
is
a wonderful thing; love is a
You

232-2 Filed 01/29/15 Page 28 of 43 Page 10
#:6932
889
Q.
Uh-huh.
Did you also produce
A.
Yes .
Q.
.AII right.'
A.
r'I Guess I'll
Q.
That was also in '667
'5
A.
Yeah/ uh-huh.
Q.
Now -- Well,
Brothers
A.
that,
that record?
one other record that you --
And you mentioned

Always Love You.
rl
for how long did you work
with the Isley
at Motown?
'1
:
Oh, I could
couldn't
say now long it took,
uh, I was just sort of like allover
span of
10
time, because,
11
place,
12
the same time.
13
Q.
14
song for you and I'm going to ask you to listen to it and
15
then I'll ask you a question
You know,
Okay.
we were working
Mr. Dozier,
the
with two or three people
at
at this time I am going to playa
".
MR. SUGARMAN:
16
17
about
it after
I'm playing
it's finished.
part of exhibit
507,
Your Honor.
18
THE COURT:
19
(Audio tape played at 8:56 a.m.)
20
{Stopped
Q.
at 8:57.5
BY MR. SUGARMAN:
2.2
song before?
23
A.
24
played
2S
Q.
I heard
Thank
you.
a.m.)
Mr. Dozier,
have you ever heard that
it for the first time over the phone, which you
for me for the first time,
About when was that?
LUCILLE
M. LITSHEIM,
U.S. COURT .REPORTER

#:7404
#:6933
890
1
About
Q.
3-
as you've
A.
a year ago.
Did you hear that song in 1966 when you were at Motown
described?
No.
MR. SUGARMAN~
THE COURT:
MR.
I have nothing
Mr .
further.
MCNicholas.
Me NICHOLAS:
Thank you.
CROSS-EXAMINATION
9
(8:58
10
BY MR. Me NICHOLAS:
11
Q.
12
1966 were,
13
Mr.
a.m.}
Dozier, would you say that the Isley Brothers

guqte,
hot, close
in
quote?
Yes.
14
Q.
Were they well known?
15
A.
Oh, yes.
16
Q.
Were they famous?
17
A.
Yes.
18
Q.
In 1965r
19
Tamla
20
A.
I think
21
Q.
"This Old Heart of Mine" was one of them?
22
A.
Yes.
23
Q.
That was on the Billboard
24
weeks, was it not?
25
A.
did they have three major
hits on Motown's
label?
so.
UhF I couldn't
LUCILLE
say what
Hot 100, number 12 for 12
-- what
M. LITSHEIM,
it WaS on the charts,
U.S. COURT
REPORTER
no.

232-2 Filed 01/29/15 Page 30 of 43 Page 10
#:6934
1140
r,
pitches which were exactly the same.
There was a subtle difference
in rhythm, and as I
proceeded
to go through aL'L this material
-- as 'I said, we
had over '100 songs called "Love Is A Wondex:ful Thingt
began to See that there were similarities
songs titled
do with the similarity
themselves,
and th~tJs what I began to find or notice.
ll
IILove Is A Wonderful
in
but
~nd Of
they to somebody else had similarities
10
Q.
11
similarities
12
A.
13
those particular
14
that
15
Bolton-Goldmark
16
-- had not.hf.nq to
Thing"
of these songSI
between other
to them
Did you compile a tape where you played the
What I did was. I organized
Yes.
were
of these other songs one to another?

these m~lodieS
into
songs titled "Love Is A Wonderful Thing"
similar between themselves
to each other~ not to
or Isley but to each other.
It showed me that two 'writers writing the same

setting and that
17
title could come up with a similar musical
18
this to me 5howed me that independent
19
and I made a tape with these particular
20
will.
21
Q.
22
can explain
23
A.
24
between each just give the year that they were -- these are
25
all songs called "Love Is A Wonderful
creation was clear,

parings,' if you
I ~ould like to play the tape that you made and you
it afterwards
or stop it in the middle.
What I would like to do is plain play them and in
Thing."
The fi;t;'stone

#:7406
Document 232-2 Filed 01/29115 Page 31 of 43 Page ID
#:6935
1141
was in 1965 and the second one was written in 1968.
MR. MC NICHOLAS:
THE WITNESS:
MR. SOGARMAN:
THEWITN~SS:
played)
were essentially
'.
titled
..
l<-,.:
Right.
(Tape played.)
The next two are 19481 1962.
(Tape
identical.
The next two are 1951 and 1962, also two songs
"Love Is A Wonderful
10
'
708.
Now you'll notice that the last four notes of those
8
9
What's the exhibit number?
Thing.
"
(Tape p~ayed)
. Now what we have is a group three
11
put together from the previous
12
(Tape played).
13
groupE
1948r
of
these songs
'57 and '62.
The next two are 1954 and 19"65. ('rape played)
14
The next two are 1954 and 1965 (tape
15
grouping
16
'68.
17
p~ayed).
And now the
of some of those that you just heard 1954, '65 and
(Tape played)
Now, the next two are interesting
from the point
18
of view, listen to how long lILoooove" is hung on to and they
19
arrive
20
the second is 1957.
at a same point in time.
The first one is 1955 and
(Tape played)
21
The next two are 1930 and 1945.
22
Now thqt particular

as far as I'm concerned
(Tape played)
series that you can hear
23
sounds
a little
unnatural
because
24
most peo~le are not going to be singing that way, but here's
25
two individuals, one in 1930 and one in 1945, that did

#:7407
Case 2:13~cv~06004~JAK~AGR Document 232~2 Filed 01/29/15
. #:6936
Page 32 of 43 Pag-IO1142
the identical
shape.
As a matter
of fact,
almost
those they'fit together.
that
Q.
than "Love Is A Wonderful
pOint?
A.
Yes.
well,'
I fve found other songs, with the same title that have
,8
9
10
up.
(Piano) .
harmony,
Thing" 'that also illustrate
In the research
similarities
in which
this
that I've done in the past as
one writer might write
similar
line,
melody, whatever.
Your Honor1 would this be a good
MR. SUGARMAN:
time to break while
I find my chart?
THE COURT~ We're going to break and I would like
13
14
I'm sorry, I messed -
Are there any songs that you found with names other
11
12
(Piano --
I can p~ay
you haok at 3:30 promptly
15
THE CLERK:
ready to resume.
Please rise.
(Recess at 3:10 p.m.~

17
(proceedings
18
(Jury out.)
19
THE COURT:
20
up.
21
details,
22
had offered,
23
telephone
24
for the telephone.
25
Apparently
during
someone
resumed
counsel,
at 3:34 p.m.)
something
the break, without
associated
or connected
and I'm sure innocently,
I wanted
to bring
going through
with the defense
had offered
their
to be used by one of the jurors in waiting
The way the information
the
in line
was given to me, 'the juror

#:7408
Exhibit B

#:7409
CONFIDENTIAL DEPOSITION OP ROBIN TIiICKE

1
2

CENTRAL DISTRICT OF CALIFORNIA, WESTERN DISTRICT
3
4
PHARRELL WILLIAMS, AN
INDIVIDUAL; ROBIN THICKE,
AN INDIVIDUAL; AND CLIFFORD
HARRIS, JR., AN INDIVIDUAL,
PLAINTIFFS,
6
7
8
9
10
11
CASE NO.
CV13-06004-JAK(AGRX)
VS.
BRIDGEPORT MUSIC, INC., A
MICHIGAN CORPORATION;
FRANKIE CHRISTIAN GAYE,
AN INDIVIDUAL; MARVIN GAYE
III, AN INDIVIDUAL; NONA
MARVISA GAYE, AN
INDIVIDUAL; AND DOES 1
THROUGH 10, INCLUSIVE,
12
DEFENDANTS.
13
14
15
16
17
AND RELATED COUNTERCLAIMS.
CON
F IDE
N T I A L
(PURSUANT TO PROTECTIVE ORDER, THE FOLLOWING
TRANSCRIPT HAS BEEN DESIGNATED CONFIDENTIAL)
18
19
20
21
22
23
24
25
DEPOSITION OF ROBIN THICKE, TAKEN ON

BEHALF OF THE DEFENDANTS, AT 1900 AVENUE
OF THE STARS, 25TH FLOOR, LOS ANGELES,
CALIFORNIA, COMMENCING AT 11:21 A.M.,
WEDNESDAY, APRIL 23, 2014, BEFORE KELLI
C. NORDEN, CSR NUMBER 7200.
KGIli t'kn'deri
or
and
p
Ke
A$twdatcs
0
1:
e r
310.S20,?n7 phone }1O-$20.?9J7rnx

ii$3'W.C)f~ymp[c 50devard SlIitdsor:
L(j$ Ahg~I~$, c:a lif(jl'ni" ;<0064-
b"'<lkelli"6d",,,,~,,,;,
"""V<..
keli;nncde""wm

#:7410
CONFIDENTIAL DEPOSITION OF ROBIN TIiICKE

11:28:01
11:28:03
11:28:03
Q.
-- BEING
ONE OF YOUR
A.
YES.
11:28:03
Q.
OKAY.
11:28:05
11:28:06
A.
YES,
11:28:06
Q.
OKAY.
11:28:10
SOME MUSIC,
11:28:14
OF LIKE A MASH-UP
11:28:15
10
A.
11:28:16
11
Q.
11:28:17
12
"BLURRED
11:28:18
13
THING.
11:28:21
14
A.
OKAY.
11:28:21
15
Q.
AFTER
11:28:23
16
QUESTIONS
11:28:25
17
CAREFULLY
11:28:25
18
11:28:27
19
11:28:28
20
11:28:37
21
11:28:55
22
11:28:56
23
11:28:59
24
MR. KING:
11:29:00
25
THE DEPONENT:
FAVORITE
SONGS.
SONG
"GOT TO GIVE
AND
SO YOU'RE
WITH
THE
IT UP"?
SIR.
I WANT
TO PLAY FOR YOU NOW
IT GOES BACK AND
FORTH.
IT'S KIND
--
OKAY.
BETWEEN
LINES."
THERE'S
BEEN EIGHT
IT UP" AND
TO PLAY THE WHOLE

SEPARATE
I PLAY THESE,
SO I WANT
MR. KING:
IS AN EXHIBIT
"GOT TO GIVE
I'M GOING
FOR YOU,
TRACKS
HERE.
I'LL HAVE
SOME
YOU TO LISTEN
IS THIS
SOMETHING
THAT
TO THE DEPOSITION?
MR. BUSCH:
(WHEREUPON,
IT WILL
AUDIO
THE DEPONENT:
PUT A MINOR
FAMILIAR
MELODY
CLIP
BE.
PLAYED.)
YOU KNOW,
OVER A MAJOR
YOU CAN'T
CHORD.
HE'LL ASK YOU QUESTIONS.

IT'S
IMPOSSIBLE
FOR
18
Kelli
Nordeli
and Associates
f
l\c p 0 r t e r 5;
}1O.520;77)') phone 710.52015'77 f;'lx
1I1l]7W.'O!!)mpk50tlbrardSulte
650e'
Co ur
L06 A,\;eL>;.e;, t:::lll;foFnl";l0061l;";;'~k.cl1i~,~ct:l",,,~~i!l

.""'w1dli6ordefLcom

#:7411
CONFIDENTIAL DEPOSmON OF ROBINTIiICKE

11:39:31
11:39:31
THE DEPONENT:
11:39:32
MR. KING:
11:39:33
YOU HEAR THEM.
11:39:36
CAN.
11:39:36
BY MR. BUSCH:
11:39:36
11:39:38
PHARRELL
WILLIAMS
11:39:42
uBLURRED
LINES"
11:39:45
10
11:39:47
11
A.
NO.
11:39:58
12
Q.
DO YOU CONSIDER
YOURSELF
11:40:01
13
11:40:01
14
A.
NO.
I'M SEPARATED.
11:40:07
15
Q.
DO YOU MAKE
11:40:10
16
WHEN
YOU GIVE
11:40:11
17
A.
WHEN
11:40:12
18
INTERVIEWS,
11:40:15
19
SELL RECORDS.
11:40:18
20
11: 40: 20
21
11:40:22
22
A.
NO.
11:40:22
23
Q.
RIGHT.
11:40:22
24
A.
JESUS.
11:40:23
25
Q.
DO YOU PICK AND CHOOSE
GET THIS DOWN
SO --
WAIT
Q.
MARVIN
THE ANSWER
ANSWER
IS "NO."
HIS QUESTIONS
FOR MY OBJECTIONS,
IF YOU
DID YOU HAVE ANY CONVERSATION
GAYE'S
DURING
IN WHICH
SONG
OR BEFORE
WITH
THE CREATION
YOU DISCUSSED
"GOT TO GIVE
AS
OF
WITH HIM
IT UP"?
AN HONEST
PERSON?
DISHONEST
WHY
IT A HABIT
OF BEING
INTERVIEWS?
I DO -- WHEN
I TELL WHATEVER
Q.
TESTIFY
THAT'S
I GIVE
I WANT
TO SAY TO HELP
YOU SAY THE SAME THING WHEN YOU
TO WIN A CASE?
ABSOLUTELY
NOT.
WHEN TO TELL
31
Rei if
N,brderi
and
A:;;;;o:ciates
Co jj.r f
Ftc p or t e r s
JIO.S2();?7)~phone ;'10 ,82(),r;?97 F"x
liS}5W.obmpicl"lDuievard
Suite6S0r:.
Lo" /\rtgde$,
bil@kcllifl<j,.,j0n.~q.il
<:alifqrtda
5'0064-
_."".keiiin<>d"".~om

#:7412
CONFIDENTIAl DEPOSITION OF ROBIN rnICKE

12:30:38
12:30:41
12:30:43
12:30:44
12:30:49
12:30:51
NOT EXACTLY
12:30:53
BUT
12:31:00
COULD
12:31:03
KNOW
12:31:04
10
12:31:07
11
AND
12:31:10
12
READ MUSIC.
12:31:11
13
12:31:13
14
PIECE
OF
12:31:17
15
ASKED
ME TO PLAY THAT
12:31:19
16
I COULD NOT PLAY THAT
12:31:21
17
READ
12:31:25
18
12:31:27
19
MARK
12:31:27
20
PRELIMINARY
12:31:49
21
COMPLAINT
12:31:49
22
DEPOSITION
12:31:50
23
MR. BUSCH:
USED
HIM FOR MY LAST TWO ALBUMS.

Q.
ARE YOU ABLE
A.
NO.
TO READ MUSICAL
NOTATION?
IS
IS -- CAN I -- BECAUSE
TRUE.
I COULDN'T
-- I'M NOT ADVANCED,
I -- IF IT WAS A SINGLE
I COULD
THAT'S
NOTATION,
PICK OUT THE NOTES
BECAUSE
-- I KNOW A SCALE.
BUT READING
-- TO BE WITH MUSICIANS
FOR ME TO SAY I CAN READ MUSIC,
I COULDN'T
A PIECE
CERTAIN
PIECE
24
/ / /
25
/ / /
AS THE NEXT
OF MUSIC
OKAY.
JUDITH
ON THE PAPER,
COULD
YOU PLEASE
FINELL'S
EXHIBIT
TO THE
30.
OFFICER:
31.
I CAN
CLEAR.
THAT WAS ATTACHED
IN THIS ACTION,
OF ME AND
HOWEVER,
IF THAT'S
EXHIBIT
REPORT
IN FRONT
FOR YOU.
MR. BUSCH:
I CANNOT
SIT DOWN -- IF YOU PUT A
OF MUSIC
NOTATIONS,
NO,
31.
THANK
YOU.
58
Kdli Norden and
A1>;;Q,c;;iia!;.e",
f Re p o r te r 5
'ilO.SZO,mJ phone 3JOdI20.(77)tax
Co
uJ:
li"~7 W.QI!:lmpk. i)'i::dev<lrd 5ui;,e630r:::

L05 1\';5;,,1<:~, Coilif~''f1i49006+
kn~@k"IIr"<m:!"",<.6"' I<"~,kel\ioq,.de,,u,,'"

#:7413
CONfIDENTIAL DEPOSITION OF ROBIN TIiICKE

1
15:00:16
15:00:18
OKAY.
Q.
SUBJECTS
HERE
ALL RIGHT.
LET'S
CHANGE
GO TO THE SONG
rlLOVE
FOR A MOMENT.
15:00:19
A.
OKAY.
15:00:19
Q.
AND LET'S
15:00:21
15:00:22
A.
UH-HUH.
15:00:22
Q.
-- AND
15:00:23
15:00:25
15:00:28
10
A.
RECENTLY,
15:00:31
11
Q.
ARE YOU FAMILIAR
15:00:32
12
15:00:33
13
A.
YES.
15:00:33
14
Q.
OKAY.
15:00:35
15
15:00:35
16
A.
IT'S A CLASSIC.
15:00:36
17
Q.
HAVE
15:00:45
18
BROUGHT
15:00:47
19
INVOLVES
15:00:48
20
A.
UH-HUH.
15:00:48
21
Q.
-- HAVE
15:00:50
22
SONGS
15:00:52
23
SUBSTANTIALLY
15:00:54
24
A.
15:00:56
25
AFTER
WAR"
--
HAVE
WAR"
SONG
AND
"AFTER
"AFTER
"AFTER
THE DANCE."
YOU LISTENED
TO "LOVE AFTER
THE DANCE"?
FOR ANY REASON?
NO.
WITH MARVIN
GAYE'S
THE DANCE"?
HOW ARE YOU FAMILIAR
WITH
IT?
COULD
YOU,
SINCE
TO YOUR ATTENTION
THAT
WAS
THAT THIS LAWSUIT
SONG --
YOU LISTENED
TO SEE IF YOU BELIEVE
PLAY AND
THE MATTER
SIMILAR
NO,
THEY
TO THE TWO
CONTAIN
ANY
MATERIAL?
I KNOW
SING THEM
THEM BOTH BY HEART.
FOR YOU ON THE PIANO
154
KclH Norden and Associates

Co U r f R e P or t r :5
)10.820;773) phon"" . }10.820-7$'7) fax
nil';', wol9mpici5oubvllrd$\llte
Los A ",'frdes,
6.s0f:
C,,(ifor.n1l<;l0064
k;ta@61Ii,mfd"".t.o,"
www.le!lin"rd"".~l,"

#:7414
ExhibitG

#:7415
1
2
3
4

E-Mail: pduvalliW.kingballow.com
KING & BALLOW
San Diego, CA 92121
.
(858) 597-6000
Fax: (858) 597-6008
Nona Marvisa Gaye
(pro hac vice)
B- Mail:
rbuschla>.kingballow.com
Sara R. Ellis (TN BPR 030760) (pro hac vice)
E-Mail: sellisiW.ki!1.Eballow.com
KING & BALLOW
Nashville, TN 37201
(615) 259-3456 Fax: (615) 726-5417
Marvisa Gaye
7
8
9
10
11
12
Mark L. Block (SBN 115457}

E-Mail: mblock@waJgofrench.com
WARGO & FRffiCHLLP
(310) 853-6355 Fax: (310) 853-6333
Nona Marvisa Gaye
Paul N. Phil~ s (SBN 18792)

E-Mail: pnpnpleal.com
The Law
Ices of~aul N. Philips
(323)813-1126 Fax: (323) 854-6902
Marvin Gaye III
QIf
13
14
15
16
17
CENTRAL DISTRICT OF CALIFORNIA,

individual; ROBIN TIDCKE, an
JR., an inaividual,
WESTERN DIVISION
Case No. CV13-06004-JAK
(AGRx)
Hon. John A. Kronstadt, ctrm 750
FILED UNDER SEAL
18
Plaintiffs,
EXHIBIT C TO THE DECLARATION
19
vs.
20
21
22
23
BRlDGEPORT MUSIC, INC., a

Michigan corporation; FRANKIE
CHRISTI~GA
YE, an individual;
MARVIN GA YE 111. an individual;
NONA MARVISA vA YE, an
inclusive,
OF RICHARD S. BUSCH IN SUPPORT

OF COUNTER-CLAIMANTS
JOINT
TRIAL BRIEF
Trial Date: February 10,2015
24
Defendants.
25
26
AND RELATED
27
28
COUNTERCLAIMS
7

#:7416
Exhibit D

#:7417
(pro hac vice)

E-Mail: rbusch(a2kingballow.com
E-Mail: sellisra2kingballow.com
KING & BALLOW
Nashville, TN 37201
(615) 259-3456 Fax: (615) 726-5417
Marvisa Gaye
Paul N. Phil~' s (SBN 18792)
The Law
Ices of Paul N. Philips
(323)813-1126 Fax: (323) 854-6902
Marvin Gaye III
(Jf
13
14
WESTERN DIVISION
15
16
17
individual; ROBIN TRICKE, an
JR., an inaividual,

Hon. John A. Kronstadt, ctnn 750
FILED UNDER SEAL
Plaintiffs,
18
19
vs.
23

CHRISTIAN GAYE, an individual;
MARVIN GAYE II!; an individual;
inclusive,
24
Defendants.
20
21
22
25
26
27
28
AND RELATED COUNTERCLAIMS
EXHIBIT D TO THE DECLARATION

OF RICHARD S. BUSCH IN SUPPORT
OF COUNTER-CLAIMANTS
JOINT
TRIAL BRIEF
Action Commenced: August 15,2013

#:7418
E hi itE

#:7419
1
CENTRAL DISTRICT OF CALIFORNIA
THE HONORABLE JOHN A. KRONSTADT
UNITED STATES DISTRICT JUDGE PRESIDING
.Pharrell Williams,
Plaintiff,
8
9
10
Case No.
VS.
CV 13-6004-JAK(AGRx)
11
12
13
Bridgeport Music, Inc., et al.,

Defendants.
14
15
16
17
REPORTER'S TRANSCRIPT OF PROCEEDINGS
18
Final Pretrial Conference
19
Los Angeles, California
20
Monday, January 26, 2015
21
22
23
24
25
Pamela A. Batalo, CSR, FCRR, RMR

Official Reporter
Roybal Federal Building
255 East Temple Street
Room 181-1
Los Angeles, California
90012
(213) 687-0446

#:7420
32
1
Give It Up and Marvin
Gaye,
allow
evidence
establish
of the
gave
legacy
us to introduce
this
-- that
fact that
this
13 different
and then
pointi
appropriate
resulting
And
case.
11
the
12
plaintiffs'
I think
alleged
conduct
behalf
And
and Robin
Thicke
of Marvin
Gaye's
at this
and the
a right
of pUblicity
to show a nexus
and/or
persons
between
acting
on
damages.
I agree
I think
but
with
that,
at most,
your
Honor.
some of this might
as -- as a -- for a limited
But it's not
about
or reputation
diminishing
18
pUblicity
19
promoting
20
and the
21
by question,
but
22
with
to any admissions.
23
today,
deny
24
acting
on behalf
or anything
the plaintiffs'
resulting
respect
promotion
I
in light
purpose
with
instruction.
17
25
was to
sales,
infringement
to have
the alleged
THE COURT:
limiting
plan
advantage
of the plaintiff
and
drove
and it's not
going
14
16
marketing
damages,
Right.
in indirectly
-- this
to not
Gaye
it's a fine point,
MR. BUSCH:
come
who Marvin
is for copyright
you're
is that
it seems
13
15
drove
taking
Well,
here
about
is their
to exclude
the claim
10
these
interviews
THE COURT:
and so the point
And
at this
point,
the motion
with
I'm going
but
And
respect
Gaye's
of
It's about
have
to deny
as I've
also
in connection
is not
song
to see it question
to statements
the trial
rights
of the plaintiffs'
I -- I may
of the plaintiffs
of the song,
else.
promotion
sales.
Mr.
about
the motion
explained
made
with
by those
the
the rights
of

#:7421
All priority twitter posts (single/video/album/sweeps

etc) will be promoted in the Twitter ad program
either via search keywords or directly in stream to followers of @interscope.
For example: We ran a Voice Promoted Tweet Campaign on 5/14 and generated 37k impressions /1,400
Clicks
Rapqenius
Get a verified account to explain lyrics via video or text. PHASE I
Support "Give It 2 U"
- Tap Tap Revenge
"Blurred Lines" featured in game. Will pitch more songs as they are released.
<Pandora
Will pitch for inclusion in Pandora brand campaign (pending any available campaigns). Current
campaigns include Legends & Icons, and a Charity focused program .
E-Mail Marketing
With website single sign on we can now significantly grow email lists and use them to target and remarket
fans (Email Size)
Exclusive listen to the album snippets for email subscribers
General birthday greeting. We can trigger sends to all subscribers on their birthdays to encourage
engagement with the fans. Helps to have them post on their socials about signing up for the mailing to
receive special content. That way, new fans to those pages know to sign up for these cool emails artists.
MOBIL~
Shazaam
Video / Commercial Campaigns are great places to add a Shazam tag for added value, contests and song
awareness.
BLOGLIST
Pop:
Hollywire
PopCrush
Young Hollywood
Popdust
Pop Culture Madness
Muumuse
Pink Is The New Blog
About, Top 40 blog
Pop On And On
Arjan Writes
Crushable
College Candy
Pop Culture Fix
Neon Lime Light
Allie Is Wired
Popservations
The Pop Sucker
Evigshed
Allure of Sound
Just Jared
Pop Bang Boom
Celebuzz
Socialite Life
StupidDope
Jon Ali-s Blog
Popstache
Artist Direct
Much Music
Pop Bang Boom
Hard Candy Music
Idolator
Tastemakers:
Stereogum
Pretty Much Amazing
Pigeons and Planes
Consequence of Sound
Hypetrak
We Listen For You

Kick Kick Snare
Mostly Junk Food
The Music Ninja
Some Kind Of Awesome
Surviving The Golden Age

Prefix
Noisey
Examiner
Daily Candy
The Hairpin
Nerdist
High Snobiety
Trendland
Refineryau
Vulture
Mashable
Nerve
Lifestyle/Pop Culture.' .
Hypebeast
Lost At E Minor
Swagger New York
F1avorpill/Flavorvnre
Thrillist
HitFix
15
CONFIDENTIAL
PCD 04153

#:7422
Hip Hop/Urban/R&B.'
Bossip
The Boombox (AOL)

24 Hour Hip Hop
Concrete Loop
Global Grind
Hip Hop N More
Hip Hop Wired

Hip Hop DX
Herfection
URB
The 9 Elements
Urban Everything
Hard Knock TV
Hot New Hip Hop
Miss Info
Men! Lifestyle:
Guyism
Crave
COED
Ask Men
Average Joes Blog

The Art of Manliness
Bullz-Eye
Gear Patrol
2dopeboyz
Baller Status
AllHip Hop
Solicitation Dates:
Pre Order Dates:
Total Shipments:
Karen Civil
Killer Hip Hop
Singers Room
Urban Mack
Neeole Bitchie
NahRight
This IsRnB
Cool Material
The Awesomer
Uproxx
Brobible
6/17-7/5/13
6/30-7/29
171,580
Accounts
ALUANCEjBARNES & NOBLE
B&N: 689 US Stores
K-Mart: 943 US Stores
New Release Endcap
NR Endcaps across BN + Vll1Jaccounts
Other
Pitchedfor K-Mart rota 7/28, waiting jar confirmation
.AMAZONmp3
Featured New Release: Genre Focus
30
days
Tentative positioning: MP3 Delivers Email, Less static rotos (above the fold), Bunkbed placement on
gateway.
AMAZON.com
Tier 2 Ad Package
8/1-8/30
Pending Confirmation
AUG: New & Notable Custom Mail by Genre, Music Home Page- "Featured New & Upcoming Releases"
(50% fixed rotation), New Release Store- "New Arrivals" (fixed), Category
BEATPORT
Blurred Lines Remixes will be delivered to Beatport
BETSBUY [4omil homes each wk j /1.23mil readers]
BBY: 1,056 US Stores
CONFIDENTIAL
PCD 04154

#:7423
E hi it F

#:7424
1
2
3
4
5

E-Mail: pduvall(a)kingballow.com
KING & BALLOW
San Diego, CA 92121
(858) 597-6000
Fax: (858) 597-6008
Nona Marvisa Gaye
Richard S. Busch (TNBPR 014594)

(oro hac vice)
B-Mail: rbusch01kingballow.com
Sara R. Ellis (rn BPR 030760) (pro hac vice)
E-Mail: sellisrt4killgballow.com
KING & BALLOW
Nashville, TN 37201
(615) 259-3456 Fax: (615) 726-5417
Marvisa Gaye

E-Mail: mblockcmwaJgofrench.com
WARGO&FRENCHLLP
(310) 853-6355 Fax: (310) 853-6333
Nona Marvisa Gaye

The Law CJf Ices of~au1 N. Philips
(323)813-1126 Fax: (323) 854-6902
Marvin Gaye III
6
7
8
9
10
11
12
13
14
15
16
17

individual; ROBIN THICKE, an
JR., an inaividual,
WESTERN DIVISION
Case No. CVI3-06004-JAK (AGRx)

Hon. John A. Kronstadt, ctnn 750
FILED UNDER SEAL
18
Plaintiffs,
19
vs.
20
21
22
23

Michigan cO!}Joration;FRANKIE
MARVIN GAYE II!.;an individual;
inclusive,
24
Defendants.
25
26

27
28
EXHIBIT F TO THE DECLARATION OF

RICHARD S. BUSCH IN SUPPORT OF
COUNTER-CLAIMANTS
JOINT TRIAL
BRIEF
Trial Date: February 10,-2015

#:7425
Exhibit G

#:7426
Case 2:13-cv-06004-JAK-AGR Document 196-11 Filed 01/13/15 Page 5 of 53 Page 10
#:5730
11/1812014
Robin Thlcke It. Pharrell & T.l "Blurred Unes" [VIDEOJ J Hlp-Hop Wired
SSW-A
&29*$)
mrunE~
VIDEO I"NEWS
WIl1I;D mACKS
POllYlGS
I!J\tJG1N GM>JDV
Z llli!
*'*'
*'
&5it
iff ....
IliE GENTLEMAN'S i'lllHtGT
Robin Thteke ft. Pharrell & T.1.

"Blurred Lines" [VIDEO]
N=WS. VIPl>O ,.
" l>~l.allfah Muhammad (@TheLaUfahj

LIllO
@ ~@]
1ti@J m
Mar 20 2013, 7:41 pm
The blue-eyed crooner Is back with another mid-tempo hit on his hands. After premiering the song 011 his R<Iul
IfllsbtInd.~ '>.flfollYWD(id Tuesday [March 19),Robin Thiel.e unleashed the video for his lutest, "Blumu
Lines," feAturing phlll'rell and T.I.
Your m;JJll4ere
Rather shan going ata slower pace, Patlll'atton'~ better half dropped the song and video all in oocswoop. With
a quicknnd tn his Remy Mllctin endorsement deal, the visual features thesingertwo-stepping
with partially
clothed beautiful women. And of course, T.I. and Pharell getin Oil the action, swn}'ingJle.~vily tothe heat, which
samples Marvin Gays's, "GotTo Give It Up."
fIDOMTSHOOT REPORT
We'veneverrenUyseen Tip move like tlmt, butfromthelooks of'lt, he and eVErybodyelsehad fun on the set (eV<!ll
the woman who had her feetused as R makeshift microphone).
BANGIN GANDY
Ever since Justin Timberlake's been on his 'Suit &1ie' sh-t,"the Robin TIlicke comparisons have been
running rampant, nndthislrac],probablywon'tdeadthefodder.
Tobec1eartboogb, TIliclcehns long been on
his grown-mans'xytlp, snits and all.
Props to him for stieldng to whatworks.
A
llt~lWlMra
HlpHopWlred.com
Lik.
136,182 poopl. IDleHlpHDpWirad.oom.
Pboto:VeVD
,t
u, pl11l"en, robln1lIlqke, bi;;;;"d Jlnee
Com"","lll, 1 iOTas",
__
~_..-_.,+._
..
_u
~,._,~
...
'~~"~~-""""""_"'~-''''''_~,~
WIRED TRACKS
I @)Vlews,7
~_~.
__
._._~~
__
C;~:':~f;~i!
Beanl. Sigel Boys He's Btill On
"Rllo-A-Fcl1. Payroll" [LIstEN.!
We Recommend
htlp;//hiphopWirad.com/2.013103l20frobln-thlcke-ll:-pharrell-t-l-blurrecl-lines-vldeol
EXHIBITS TO BUSCH DEC. -395
1/3

#:7427
Exhibit H

#:7428
Page 1
i
00,0
Robin Thicke Interview -,Blurred Lines, Kanye and More EHg... .Page 1 of'g
Il-
0,
1J:KfflgMl:!1'>/!$IQB!iiJjjqllllNpaIlm'..C($#tt
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!lrOReslt!!:l'M!:rre:l1Jl'ro,*!1:ClUI!)E.!l~!lNoml1-'!Y.OO!!!!1
..
RBPR&SENT
llieJtlly 3(}rcleilli cl!rtslarest llTh11IDBfurrod L~, ~l.e~Y

Ibiclm: a.tW:Uww:l'l'.hlghsrnibl~.Ml:'I'lll;\Jlir09jn~
T();~.e!her. We, t:illredaoouttJu; album'll title traclc!UJd{ll!l'Ufublt! $\!IDXOOf
anLhem "Rlntte.d'Lj~ <ISwelias the,a,c.wmpan)'iug,<lrloo 111m
~ttP
to
.sat OOWJil wilh mm;icW,n ~
fh!,.W-;tlwwwJli~mBtl',oom/'J..{}13io"fri;aSrmtghAha,ut:lrnhil~~rm-c[;
m!l:P'!~tiI~!'uSi6vl~f..:'hfu.n.id;;nil.e:;-.:ft'~t*i':p!ttr~'t.}berotegBt:mJg
lnwthcd~l#;;{lfw:qrlUngwtlht~!.'lill!lSttfEb~l'fnHi'!~
fImll,:jjWW\y,:MgMWlflty~ID~~l
(lrt!pii!www,hi!di~l~J;l,w~~gti~!;,l=d
.ll&mirn~.Ii!!I!;)"1!t
others,
iUld
http ;J!www.highsnobiety.comt2013/07!29!robln-thicke-blurred~...11/19/20
i4
.....
-_ .._._..Page
. 52r of 75 Page ID
Case 2:13-cv-06004-JAK-AGR Document 246-1 Filed 02/04/15
,
#:7429
Page 2
Robin Tbicke Interview - Blurred Lines, Kanye an-d More

"HIUrNd Lmes'"
~Iii.I'l,,~m\1m.th~i!i-ong
~~~~
e:ftbi!> IlUJ:Ij.m~l"
Hlg.;
Page 2of8
Di<! y~
WRI?;Mff!'~I:l'i'IQ.lMjjSN;aBlEm~
ltfn'f.j\;-l!$t+OBSH01iU!ltl!;t!lNQlll~
{j
J;9al<G!UllJl!!H~R"GUjOCM~~m.lj:OlOO
~~~'ml@"
~m.1j}~~=""'r~g~~b~ldidll:lihmkltwm:tidd(j
\MiS.
daY;', we made a couple
We'd bllelt r~!ngfllr
;i.~~J~:
'~l1nted to dQ.'lfillltitM:ng
m.~Marnt4 (""",)'e'/f
.my
Pl.rntrdl llC\m;rnd mllS!ling.1<'il11
~1lflti,'$~
lm).ffutff the wnol~. tetl>lid was C-<'>IlEi,
.w~~re
"Gilt 1'<>GJ:'i'e
I'n>lll;;
t>thP.HQllg!1 M<:lthen
n Up"whld~
$ed..."IiID$,./llld an ht.tiT;md
pp:tty ~~
~ Me of
gettlns readyl:psl1t'>otth1l: t.1dooml;! ~ iOVlW~hM 1 Wlill.t~-d.ttl- :m;;.~a
,silly:,funny ,"ide<;, we-t~J:\tiliMdi\",iii ioout wuat l'ap:pershad ~at
mat would be able
10
notjust
.!M.llG
lhem
fulll
"r&Fbut
And T.l. !!\'liflg ll;@"l!:I.t;;ct~l"and Piltortrle1C ami
p6rSOllalMe!I,
il"~ ;tT!ll:l great
a111n<lt m:~
perl9I!llel'S.
lr!;;~en'li:dUkfl the
filin*lt pEn;ml fb.tllllt".
The <.:lilietpt l'.-'<lSP~'"ttysilnple.l wasc(h'1 fua. pbonE' willi the ~tar lllId :[~
wJUtlel'i to iliJ ~m.l(ttgjng~b1renlf.i' H:il:l., SQt:\lIllhla!!,; 'If'%)' siltpmd .iiT~~ikk.And:
she saki, 'VI'elt, wnM 1l J/rolrn"~me girls take thtlir el.r:Jtl:re.B ofrr I saM, ~I.~t'~
make If tire we t'hO(Jt tw~\lli'li'SK>IaS,Just In:~~ it gfl$ a li.~l~!~zy:' And ilil!!n
wh;;m we"aw !he finished product, both viJ-eQ$VIIlte J\"i;'~L twas \"5'1 hll!i!l}' ith
oothOJf~
thatwiUo rr..edjre.ct"r'* id~.She said 'what l(w~d~.}OlbJill.OOli

trnulrwitil 'Robin.
Thk'ke b;\o\i a big dil:k,"'blli' just liked it ~j;11:Se ttrhymed (loogit4<OO~,
lilie hasno pmo{mt;re !;wg!J.W}. So ,,!!~l'i'! pretty ttll:mh.-Jililt g!l~g ()U 1'1
uh)'mIng s:chente. "We~:
'Wl)'djUllt sbt)o~.it 3.M see li'W8 nee-li1la It.ARd It
ended up bein.!; Pfet1y fuMY
Y%lt,.1te bUlb. pnarrlln. 'ThW(WJl~ ~e.famUl!St.pilrtOfllie

t1l-in.kl'bamll'l!
"wr h;:;ld 1l.tlrm $.n.lmal b1lfure Ji"lld he s~
d:i,ji"'b!!l:~r
don't
fieF)'
tini'::O:tinIllt>1:\~ewith It So'\~allgohkkkootqftl:Lat.
htlp:lfwww.highsnohiety.comI20
13/07/29/robin-tbicke-bluttoo- .... 1111912014

#:7430
Page
Robin Thicke Interview - Blurred Lines, Kanye and More" Hig.,

ltv.a <:;J!':rt.lin
ani! ycu're
W'ilY
gl:l!mEi
d;;I tills. "liidtnatt'y this -p>lrson al.1d)'t}\l~re
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lltFm~~~"blmtlil
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#:7436
Exhibit I

#:7437
1
2
3
4
5

E-Mail: pduvall(cV.kingballow.com
KING & BALLOW
San Diego, CA 92121
(858) 597-6000
Fax: (858) 597-6008
Nona Marvisa Gaye

(oro hac vice)
E-Mail: rbusch(@.kingballow.com
E-Mail: sellis(cV.kingballow.com
KING & BALLOW
Nashville, TN 37201
(615) 259-3456 Fax: (615) 726-5417
Marvisa Gaye
7
8
9
10
11
12

E-Mail: mblock(a)wargofrench.com
Ices of~aul N. Philips
WARGO & FRENCH LLP
. The Law
(323)813-1126 Fax: (323) 854-6902
(310) 853-6355 Fax: (310) 853-6333
Attorneys for Defendants and Counter- Attorney for Defendant and Counter-Claimant
Claimants Frankie Christian Gaye and
Marvin Gaye III
Nona Marvisa Gaye
(Jf
13
14
15
16
17

JR., an individual,
WESTERN DIVISION

Hon, John A. Kronstadt, ctrm 750
FILED UNDER SEAL
18
Plaintiffs,
19
vs.
20
21
22
23

inclusive,
24
Defendants.
25
26
27
28
EXHIBIT I TO THE DECLARATION OF

COUNTER-CLAIMANTS
JOINT TRIAL
BRIEF

#:7438
Exhibit J

#:7439
2
3
4
5

E-Mail: pduvall@.kingballow.com
KING s: BALLOW
San Diego, CA 92121
(858) 597-6000
Fax: (858) 597-6008
Nona Marvisa Gaye

(pro hac vice)
B-Mail: rbusch(a)J<ingballow.com
Sara R. Ellis
BPR 030760) (pro hac vice)
E-Mail: se1lis@.ki!l~bal1ow.com
KING & BALLOW
Nashville, TN 37201
(615) 259-3456 Fax: (615) 726-5417
Marvisa Gaye
ern
Mark L. Block (SBN 115457)

E-Mail: rnblock@waJgofrench.com
9 WARGO&FRENCHLLP
10 Los Angeles, CA 90067
(310) 853-6355 Fax: (310) 853-6333
11 Attorneys for Defendants and CounterClaimants Frankie Christian Gaye and
12 Nona Marvisa Gaye
8

The Law C1f Ices of~aul N. Philips
(323)813-1126 Fax: (323) 854-6902
Attorney: for Defendant and Counter-Claimant
Marvin Gaye III
13
14
15
16
17

JR., an inaividual,
WESTERN DIVISION
Case No. CVI3-06004-JAK (AGRx)

Han. John A. Kronstadt, ctrm 750
FILED UNDER SEAL
18
Plaintiffs,
19
vs.
20
21
22
23

Michigan c01]Joration; FRANKIE
inclusive,
24
Defendants.
25
26

27
28
EXHIBIT J TO THE DECLARATION OF

COUNTER-CLAIMANTS
JOINT TRIAL
BRIEF

#:7440
Exhi itK
~2t2015

246-1Record
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WebVoyage
View 02/04/15
1
#:7441
Public Catalog
Copyright Catalog (1978 to present)
Search Request: Left Anchored Title = blurred lines
Search Results: Displaying 1 of 10 entries
Blurred Lines.
Type of Work:
Registration Number / Date:
Application Title:
Title:
Description:
Copyright Claimant:
Date of Creation:
Date of Publication:
Nation of First Publication:
Authorship on Application:
Rights and Permissions:
Sound Recording
SR0000720640 12013-04-05
Blurred Lines, Artist: Robin Thicke, 00602537349715 (eRelease)
Blurred Lines.
Electronic file (eService)
Star Trak, LLC. Address: c/o Interscope Records, A Div. ofUMG Recordings, Inc.,
2220 Colorado Ave., Santa Monica, CA, 90404.
2013
2013-03-26
United States
Star Trak, LLC, employer for hire; Domicile: United States. Authorship: sound
recording.
Universal Music Group
Names: Star Trak. LLC
Help Search History Titles Start Over

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#:7442
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212

#:7443

#:7444
From:
To:
SlIbjeCt:
Dilte!
HW
Welnger. Harry
Fwd: Marvin Gaye "Got To Give It Up"
Tue'sday, October 21, 2014 9:46:25 AM
--------"- Forwarded message ~--------From; HW <hweinger@gmail.com>

Date: Thu, Jun 27, 2013 at 10:30 PM
Subject: Marvin GayellGot To Give It Up"
To: uBarasch, Douq" <doug.barasch@umusic.com>
As Robin Thicke's "Blurred Ilnes" hit is utterly based on this/ can we get "buy
from .1I link here:
http:lLwww.youtube.com/watcb?v=WRcVQDELAd4
Good to see you - HW
Hany Weinger
bweinger@gmail.com
Harry Weinger
hweinger@gmaiJ.com
WEINGER 00001

#:7445
From:
.!:IW
To:
Welnaer, Harrv
Fwd: Blurred lines &. Got To GIve It Ull mashup
Tuesday, October 21, 20149:45:51 AM
SUbject;
Date:
---------- FOlWarded message ---------From: Janisegaye <janisegaye@aol.com>

Date: Wed, lull7, 2013 at 1:49 PM
Subject: Re: Blurred LInes & Got To Give It Up mashup
To: hweinger@gmail,com
Saw this. Smart kids! Same song, ..hope you are holding up under the heat. We are
melting.
Love to you, Harry
From us all ...
~----Original Message---From; HW <hweinger@gmajJ.com>

To: david Ritz <davjdrilzwrites@gmail.com>;
Janis Gaye <jaoisegaye@aol.com>
Sent: Wed, Ju117, 201311:56 am

Subject: Blurred lines & Got To Give It Up mashup
http://vimeo.comI64572
907
Kid spent a few hours messing around to do this.
Love,
H
Harry Weinger
hweinger@gmail.com
Harry Weinger
hweinger@gmail.com
I
[
~
,
;
WEINGER 00002

#:7446
From:
To:
Subject:
Pate:
HW
Welnger. Harry
Fwd: SpIn mag weIghs 10
Tuesday, October zi, 2014 9:45:28 AM
---------- Forwarded message --_~----_~

From: Janisegaye <janisegaye@aol.com>
Date: Mon, Jul 29, 2013 at 9:55 AM
Subject: Re: Spin mag weighs in
To: hweinger@gmail.coill
Wow
check
quite a piece ...smh. Thanks for sending ...again, wow. Spin could use spell
IMavinl??
~--originalMessage---From: Harry Weinger <hweinger@gmail
com>
To: Janis Gaye <janisegaye@8ol.com>
sent: Man, Jut 29,20139:30 am

Subject Spin mag weighs in
www.spin.com/reviews/roblnutm soufce=spinlwllter&utm
thicke-blu rred -lines- j ustin~timberlake?

medium=social&utm
campaigno=spintwitter
Download the official Twitter app here
HW
Harty Weinger
hweinger@gmail.com
WEINGER 00005

#:7447
From:
tIW.
To:
Subject:
Date:
Welnger. Ha[f1L
Fwd: Robin Thlcke In Sunday"s NY TInes
luesday, OdoberZl, :2Q14 9:45:19 AM
-_-------
Forwarded message --------<janisegaye@aol.com::
From: Janisegaye
Date: Sat, Jut 20, 2013 at 2:23 PM
subject: Re: Robin Thicke in Sunday's NY Tines
To: hweinger@gmail.coro
Sounds good. You can give me the info. can't wait for 'In Our Lifetime', ..The deluxe
editions take me back as if its real time ...
Happy birthday to young \VIr.Weinger. ..J feel old, My GRANDson is 16. You are still
young yourself. ..hello to the fam. Speak Monday, Thanks, HW.
----Original
Message--From: Harry Weinger <hweinger@gmail.com>
To: Janisegaye <janisegaye@aol com>
Sent Sat, Jul 20, 2013 11:2.5 am
Subject: Re: Robin Thicke in Sunday's NY Tines
I'll call you Monday. We kind of went over the Sony stuff - either I'Ugive them your info or you can send
me the the agency info. ('m also sending you (finany) the deluxe edition of "In Our Lifetime,"
My
son turns 23 tomorrow -I
HW
On Ju120, 2013, at 11:19 AM, Janisegaye <janlsegaye@aol.com>
wrote:
Thanks
for this Harry. Have you read the tweets about the song? The court of public
opinion definitely has one. Love the song. Don't dig the behavior. Bizarre. They had
access to GTGIU and tweaked it. 'LoveAfter War' "" 'After The Dance'. Not the first time
Robin has done this. We are not happy at all.
You said you had a bunch of things to talk about re: Sony
and other
issues. Let me know
a good time. stay cool...
~---OriginalMessage----From: Harry Weinger <bweinger@gmajl.com>

To: Janis Gaye <janisegaye@aol.com>;
David Ritz <davidrilzwrites@gmail.com>
Sent: Sat, Ju120, 2.01310:25 am
Subject: Robin Thicke in Sunday's NY Tines
Check peragraph 20.

g~;P:/~~~~.c~n/2013/Q7/21/art5/mUSiC/robin-thicke-a-romantic. -a-_ug-t----~.html?Dagewanted-all
NYTiroes: Robin Thicke, a Romantic, Has a Naughty Hit
20 hours
ago .
After
20 yea:cs of writing
romantic R&B songs, .fI-Blu:cred
WEINGER 00006

#:7448
Lines';;'
has put hlin at No. 1 on pop radio.

HW
Harry Weinger
hweinger@gmail.com
WEINGER 00007

#:7449
From:
1'o:~.
Subject:
Date:
Wnger, Harry
David Ritz
Re: jan
Wednesday, October 30, 2013
1;U6:37
PM
The lawyers sound like they know what they're doing. I still think jam needs an
estate manager to deal with all of this on an overall level and not just lawyers
talking. I put her and my guy at NYU in touch and she never connected. He gave
up.
HW
Harry Weinger
UMe A&R VP, 1755 Broadway, NY, NY 10019
II
(212) 331-2023
On Oct 3D, 2013, at 3:57 PM, "David Ritzn <davidritzwrites@gmail.com>
wrote:
http://www,hollywoodreporter.comtthr-esg/blurred-lines-lawsuit-marvingaye-651427
=Davld
ritzwrites. com
WEINGER 00008

#:7450
From:
To:
Subject:
Pate:
Welnger. Ham'
B,esnlkoff. Bruce; Ventom. Jane
Fwd: Thh:ke
Friday, August 16, 201310~49:0BAM
FYI. This is crazy.
HW
Harry Weinger
UMe A&R VP, 1755 Broadway, NYt NY 10019//
(212) 331-2023
Begin forwarded message:

From: llWarrent Ashleyll <Ashley.Warren@umusic,com>
Date: August 16, 2013, 1:46:35 PM EDT
To: JlWeinger, Harry" <harry.weinger@umusic.com>
Subject: Thicke
WElNGER 00009

#:7451
From:
To:
Subject:
Date:
Weinger, Harty
Albert, Nate
Marvin &. RobfnjPharrell
Wednesday, July 17,2.0139:02;16 AM
Who at Interscope or in Robin's world can we float the real idea of doing this for real from the masters?
btlp:flwww_mixcloud_com/jan-willem-rijnbeek-dilw/robin-lhicke-blurred-lines-feat-marvin-gaye-mashup-
djfw-remjxl
http://vimeo.com/64572907
WEINGER 00011

#:7452
Froll1~
Welnger, Harry
TD:
Subject:
Date:
liliUm1in
Re: "Blurred LInes" VS, "Got to Give It Up"
Tuesday, July 09, Z013 7:08:01 AM
Yep, they sampled/borrowed from Marvin and all is well. Jan recently tweeted a
thank you to Robin Thicke and Pharell.
HW
Harry Weinger
UMe A&R VPt 1755 Broadway, NY, NY 10019
1/
(212) 331-2023
On Jul 9, 2013, at 9:46 AM, "Kirk Bonin" <i<irkbonin@hotmail.com>
wrote:
Hey Harry,
My ears aren't deceptive. "Blurred Lines" is an updated version of "Got to

Give it Up". Considering what a smash it iSI oddly within the same music
corporate family, a plagerism suit is a no-bralner, Considering how
Marvinls estate got so complicated, I hope this is found revenue for
him ..or at least Jobete Publishing which is now owned by EM!
Publishing, right?
I am a Robin Thicke fan so I would like to think it was not intentional.
But if you recall, "Got to Give it Up" was almost an identical out of the
box smash taking his live album to double platinum while selling tons of
sIngles. Robin is a songwriter with integrity, but, he often tips his hat to
"ole school R&S" 1 which makes this even more suspect.
WEINGER 00013

Pharrell v. Gaye - Blurred Lines - Gaye Joint Trial Brief - Busch Declaration PDF

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Case 2:13-cv-06004-JAK-AGR Document 246-1 Filed 02/04/15 Page 1 of 75 Page ID

Paul H. Duvall (SBN 73699)

Richard S. Busch (TN BPR 014594)

Mark L. Block (SBN 115457)

Paul N. Philips (SBN 18792)

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

Case No. CV13-06004-JAK (AGRx)

BRIDGEPORT MUSIC, INC., a

Action Commenced: August 15, 2013

Case 2:13-cv-06004-JAK-AGR Document 246-1 Filed 02/04/15 Page 2 of 75 Page ID

DECLARATION OF RICHARD S. BUSCH

I, Richard S. Busch, declare and state:

Attached hereto as Exhibit A is a true and correct copy of excerpts of the

10 Trial Transcript of Three Boys Music Corp. v. Bolton;

Attached hereto as Exhibit B is a true and correct copy of excerpts of the

12 April 23, 2014 Deposition of Robin Thicke;

Attached hereto as Exhibit C is a true and correct copy of excerpts of the

14 April 21, 2014 Deposition of Pharrell Williams;

Attached hereto as Exhibit D is a true and correct copy of excerpts of the

16 July 11, 2014 Deposition of Jason Gallien;

Attached hereto as Exhibit E is a true and correct copy of Transcript of

Attached hereto as Exhibit F is a true and correct copy of excerpts of the

Attached hereto as Exhibit G is a true and correct copy of excerpts of Hip

24 Hop Wired blog, March 20, 2013;

Attached hereto as Exhibit H is a true and correct copy of Robin Thicke

Attached hereto as Exhibit I is a true and correct copy of excerpts of the

Case 2:13-cv-06004-JAK-AGR Document 246-1 Filed 02/04/15 Page 3 of 75 Page ID

1 October 16, 2014 Deposition of Nicole Bilzerian;

3 2014 Deposition of Harry Weinger;

Attached hereto as Exhibit K is a true and correct copy of the Copyright

Attached hereto as Exhibit L is a true and correct copy of Harry Weinger

10 is true and correct. Executed this 3rd day of February, 2015.

/s/ Richard S. Busch

Case 2:13-cv-06004-JAK-AGR Document 246-1 Filed 02/04/15 Page 4 of 75 Page ID

Case 2:13-cv-06004-JAK-AGR Document 246-1 Filed 02/04/15 Page 5 of 75 Page ID

July 17, 2014

TSG Reporting - Worldwide

Case 2:13-cv-06004-JAK-AGR Document 246-1 Filed 02/04/15 Page 6 of 75 Page ID

you had the opportunity

I'll just give you then two minor

One, to the extent

not to talk over each other.

And as you just saw,

of that as you are because

and you expect

I'll call the Sony/ATV

TSG Reporting - Worldwide

Case 2:13-cv-06004-JAK-AGR Document 246-1 Filed 02/04/15 Page 7 of 75 Page ID

some role in EMI

It's one of the catalogs

that be the same

one of the Sony/ATV

So, just to cut through

you have with

the same role

your role In EMI April

TSG Reporting - Worldwide

and EMI April

than it's probably

Case 2:13-cv-06004-JAK-AGR Document 246-1 Filed 02/04/15 Page 8 of 75 Page ID

Do you know what it