Blurred Lines Trial - Transcript Exhibit I PDF

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 1 of 67 Page ID
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HIBIT I

#:9941
UNITED
CENTRAL
DISTRICT
STATES
OF CALIFORNIA
HONORABLE
UNITED
PHARRELL
STATES
WILLIAMS,
DISTRICT
COURT
- WESTERN
DIVISION
JOHN A. KRONSTADT
DISTRICT
JUDGE PRESIDING
ET AL.,
PLAINTIFFS,
CV13-06004-JAK
VS.
BRIDGEPORT
MUSIC,
INC., ET AL.,
DEFENDANTS.
REPORTER'S
TRANSCRIPT
OF DAY FIVE OF TRIAL PROCEEDINGS
LOS ANGELES,
TUESDAY,
MARCH
CALIFORNIA
3, 2015, MORNING
SESSION
ALEXANDER T. JOKO, CSR NO. 12272

FEDERAL OFFICIAL COURT REPORTER
255 EAST TEMPLE STREET, ROOM 181-H
LOS ANGELES, CA 90012
ALEXANDER.JOKO@GMAIL.COM

#:9942
2
1
ARE THERE ANY OTHER
MR. BUSCH:
ISSUES?
WE WERE ABLE TO -- MR. KING AND I
WORKED
HARD THIS WEEKEND
TO REACH,
ALTHOUGH
PROFITS.
SO WE CAN AVOID
TESTIMONY
BY THE FINANCIAL
NOT COMPLETELY,
IN LARGE PART,
A FINANCIAL
STIPULATION
ON
QUITE A BIT OF LENGTHY

PEOPLE TODAY.
THE COURT:
PROFITS AS TO WHAT?
MR. BUSCH:
PROFITS AS TO ALL OF THE THICKE
RELATED
PARTIES
10
WHICH
11
ABOUT WHETHER
12
FIXED EXPENSE.
WITH THE EXCEPTION
STILL IS OUTSTANDING.
OVERHEAD
OF TOURING
AND THEN WE HAVE A DISPUTE
CAN BE DEDUCTED
OR NOT AS A
13
THE COURT:
FOR WHICH?
14
MR. BUSCH:
FOR THE INTERSCOPE
15
THE COURT:
GOOD JOB.
16
MR. KING:
17
PARTY.
THANK YOU.
WHICH WAS SIGNED OFF ABOUT
18
MORNING,
19
ABOUT THIS MOTION
20
WHAT I HAVE READ IN THE HOLLYWOOD
21
READ THE MOTION.
22
WHICH
INCOME,
12:30 THIS
BRINGS ME TO WHAT YOU SAID BEFORE

FOR EVIDENTIARY
THE COURT:
23
DON'T THINK THERE'S
24
SOUGHT.
25
AS I UNDERSTAND
WELL,
RELIEF.
REPORTER,
THAT
OTHER THAN
I HAVEN'T
I'VE READ THE MOTION.
A SUBSTANTIAL
BASIS
THERE WILL BE AN INSTRUCTION

IT, MR. BUSCH,
FOR THE RELIEF
-- ESSENTIALLY,
YOU ARE RAISING
SEVERAL

#:9943
3
ISSUES.
BUT WITH THE EXCEPTION
ASK ABOUT,
I DON'T THINK
3
THE INSTRUCTION
GIVEN,
MUSIC."
WORD
MODIFY
TO THE JURY THAT'S
17.0, BECAUSE
I BELIEVE
THE LANGUAGE
PREVIOUSLY
IN
BEEN
I USED THE WORDS
AND IT MAY BE MORE APPROPRIATE
"SHEET
JUST TO USE THE
"MUSIC."
10
I'M PERSUADED.
I MAY, ULTIMATELY,
OF ONE ISSUE THAT I'LL
BUT I THINK WHAT THIS DISTILLS

THAT THE PARTIES
REVEALS
DISAGREE
AS TO WHAT THE DEPOSIT
IN TERMS OF MUSICAL
11
TO IS,
COpy
ELEMENTS.
AND I HAVE NOT -- I HAVE HEARD A MOTION
12
FROM THE THICKE
13
THEREFORE,
14
SIDE TO CROSS-EXAMINE
15
WHAT THE EXPERT'S
16
COPY.
AND I THINK THAT'S
17
THAT'S
BEEN RAISED.
18
PARTIES,
BUT NOT YOUR EXPERT.
I DON'T THINK
IT'S INAPPROPRIATE
THE OTHER'S
OPINION
IS CONFORMS
PERSON -- A WITNESS,
20
HEARD FROM OUTSIDE
21
QUINCY
FOR EACH
AS TO WHETHER
TO THE DEPOSIT
THE CORE OF THE OBJECTION
TO THE EXTENT
19
EXPERT
AND,
THAT A PARTY HAS A
FOR EXAMPLE
THE PRESENCE
-- THE WITNESS
WHOM WE
OF THE JURY FROM THE
JONES WITNESS?
22
MR. BUSCH:
MS. STERN.
23
THE COURT:
TO THE EXTENT
HAS LISTENED
THAT -- FOR EXAMPLE,
24
A WITNESS
TO THE COMMERCIAL
VERSION
OF
25
"GOT TO GIVE IT UP," AND AT ONE POINT MADE -- DEVELOPED

#:9944
4
1
A VIEW BASED ON LISTENING
APPROPRIATE
IS THE SAME, THE ONE ON WHICH
MATTERS
THE SHEET MUSIC AND THAT MAY BE REFLECTED
RECORDING.
AND I'VE INSTRUCTED
FOR THE CROSS-EXAMINATION.
HERE IS THE MUSICAL
JURORS RELATED
REPEATEDLY
11
INSTRUCT
ELEMENTS
WHAT
THAT ARE SHOWN IN

IN A MODIFIED
ON THAT.
TO THIS.
FROM ONE OF THE
AND I HAVE TOLD THE JURY
THAT COUNSEL
WILL ARGUE ABOUT
THIS, AND I'LL
-- GIVE THE FINAL INSTRUCTIONS.
12
NOW, THERE WAS ALSO AN ISSUE RAISED
13
CONCERNING
14
CERTAIN
15
RECORDINGS.
THE QUESTIONS
WITNESSES
16
MR. KING:
AND I THOUGHT
19
SAID.
IF I -- THE RECORD
20
MOTOWN.
THAT'S EXACTLY
21
TALKING
22
RECORDING,"
23
THEIR MOTION.
SO I PROBABLY
OF
OF THE
THEY'RE
ALL THE
WHAT MR. WEINGER
ORIGINALLY
CAME OUT ON
I DON'T KNOW WHAT WE'RE
BUT IF I REFER TO IT AS A "MOTOWN
IN FACT IT ONCE WAS.
THE COURT:
QUESTIONS
PARTIES
AND ITS OWNERSHIP
MOTOWN/UNIVERSAL,
SAME.
24
THE THICKE
IS THAT RELEVANT?
18
ABOUT.
ABOUT
ABOUT MOTOWN
TO WHAT
17
25
BUT THE ISSUE
I HAVE RULED.
THERE WAS A QUESTION
10
IT MAY BE
SO I THINK THAT THE CORE OF IT IS THE SAME.
8
9
TO THAT, AGAIN,
THEIR MOTION
BUT I HAVEN'T
ASSERTS
AS TO WHAT THE GAYE PARTIES
READ
THAT THE
OWNERSHIP

#:9945
27
1
YEAH.
I MEAN,
SOME CASES,
SUBMITTED
BE.
EDITED
PORTION
AND WHAT
IS THE REASON
THAT EDITED
CLIPS ARE
FOR YOUR REVIEW?
SO IT'S EASIER
OKAY.
TO DETERMINE
RECORDINGS,
LINES"
11
HAVE RECEIVED
12
A LICENSE
THE OWNERS
AMBIGUOUS.
15
COMPOUND
THE COURT:
WHAT PORTION
OF "BLURRED
LINES"?
I BELIEVE
-- I OBJECT.
IT'S COMPOUND
AS FRAMED
17
BY MR. BUSCH:
18
19
USE OF "GOT TO GIVE IT UP" IN "BLURRED
20
HAVE BEEN HAD THE OWNERS
21
LICENSE
22
DO YOU HAVE AN OPINION
THE COURT:
BY MR. BUSCH:
25
VAGUE AND
IN LIGHT
ABOUT WHAT THE VALUE OF THE
OF "BLURRED
LINES" WOULD
LINES"
SOUGHT A
RELEASE?
I BELIEVE
24
SOUGHT
AND SPECULATIVE.
OF THE PRIOR TESTIMONY.
YES.
OF
LINES"
16
BEFORE
ABOUT WHAT
OF "BLURRED
THE RELEASE
MR. KING:
THE
OF "GOT TO GIVE IT UP" WOULD
HAD THE OWNERS
BEFORE
OF THIS MATERIAL,
OF "GOT TO GIVE IT UP"
13
WHAT THE VALUE WOULD
BASED UPON YOUR REVIEW
"BLURRED
23
BUT IN
YES.
10
14
SOME -- NOT ALL THE TIME.
IT WOULD HAVE BEEN 50 PERCENT.

JUST STRIKE AFTER
WHAT DO YOU BELIEVE
THE VALUE WOULD
"YES."
HAVE BEEN?

#:9946
28
1
50 PERCENT.
OKAY.
BASED ON REVIEWING
AND HOW DID YOU DETERMINE

THE SNIPPETS
A-B'ING
TO GIVE IT UP" WITH "BLURRED
6
7
THAT THE MELODY
LINES."
RUNS THROUGHOUT
MR. KING:
MOTION
THE COURT:
10
DETERMINING
11
WHICH
12
BY MR. BUSCH:
"BLURRED
LINES"
THE RESPONSE
WHERE THE MELODY
WAS.
ONLY THE OTHER EXPERTS
BASED UPON YOUR REVIEW
DETERMINATION?
15
YES.
16
17
WOULD
18
FOLLOWING
FROM
THAT'S AN ISSUE ON
OF THE MUSIC,
THAT'S
HAVE BEEN HAD THERE -- HAD THE REQUEST

THE RELEASE
OF "BLURRED
IT CAN BE ANYWHERE
-- I MEAN,
WITH AND THE VARIOUS
21
INVOLVED,
IT CAN GO ANYWHERE
22
PERCENT.
BUT THAT JUST DEPENDS
23
HAVE YOU BEEN INVOLVED

THE NEGOTIATION
THE NEW SONG?
YOUR
ABOUT WHAT THE VALUATION
DEALING
WHERE
AS TO
MAY OPINE.
20
25
AND DETERMINING
TO STRIKE.
STRIKE
14
24
"GOT
"GOT TO GIVE IT UP."
19
AND, YOU KNOW,
THEM, GOING BACK AND FORTH AND -- AGAINST
13
THAT?
COME IN
LINES"?
DEPENDING
PARAMETERS
ON WHO I'M
THAT ARE
FROM 75 TO A HUNDRED
ON VARIOUS
IN SITUATIONS
OCCURRED
FOLLOWING
FACTORS.
LIKE THAT
THE RELEASE
OF

#:9947
43
THAT'S
BEEN REACHED.
BY MR. BUSCH:
CERTAIN
YES.
OKAY.
THE BEST OF YOUR KNOWLEDGE,
RECONCILE
DO YOU KNOW IF THE THICKE
FINANCIAL
EXPERTS
CERTAIN
10
YOU'RE
11
HAVE HIM TESTIFY
THAT THEY RETAINED?
ABLE TO WORK TOGETHER
TO
OF THEIR FINDINGS?
YOUR HONOR,
WE HAVE STIPULATION
GOING TO READ TO THE JURY.
YOU DON'T NEED TO
TO IT.
THE COURT:
13
IN THIS CASE HAD
AND WERE YOU ABLE TO -- WERE THE PARTIES,
MR. KING:
12
PARTIES
I UNDERSTAND.
HAVE YOU WRITTEN
IT?
14
MR. BUSCH:
YES.
15
THE COURT:
DO YOU WANT ME TO READ IT NOW?
16
MR. BUSCH:
YES.
17
THE COURT:
ANY OBJECTION
18
IT
NOW?
19
MR. KING:
20
THE COURT:
21
TO ME READING
NO.
YOU MAY READ IT.
WHAT WOULD
22
MR. KING:
23
THE COURT:
YOU PREFER?
I WOULD
PREFER YOU READ IT.
I'LL READ IT.
24
CAN YOU PRESENT
THAT TO ME, PLEASE?
25
LADIES AND GENTLEMEN,
I'VE TOLD YOU

#:9948
44
1
THAT -- I'VE GIVEN YOU INSTRUCTIONS
WHAT LAWYERS
INSTRUCTED
AGREEMENT
"STIPULATION."
SAY IS NOT EVIDENCE.
THAT SOMETIMES
AS TO CERTAIN
6
UNDISPUTED.
COUNSEL
HERE DISAGREE
WORKED
COLLABORATIVELY
10
APPRECIATE
FACTS,
11
TRIAL.
SOMETHING
12
COUNSEL
ON MANY THINGS,
BETWEEN
14
AND
15
YOU DURING
IT'S
WORKING
-- THE
BUT THEY HAVE
ON THIS STIPULATION,
WHICH WE
IT SAVED A LOT OF TIME FOR THE
THIS IS ENTITLED
13
CALLED A
IS EVIDENCE.
AND I APPRECIATE
BECAUSE
BUT I ALSO
THE PARTIES MAY REACH AN
A STIPULATION
THAT, IN GENERAL,
"STIPULATION
THE PARTIES AS TO PROFITS
'LOVE AFTER WAR.'"
YOU'LL
OF FACTS
FOR 'BLURRED LINES'
HAVE A COpy OF THIS WITH
DELIBERATIONS.
16
"SUBJECT
17
IN SUBPARAGRAPHS
18
'BLURRED LINES'
19
TO THE DISPUTED
5-A AND B BELOW,
20
THE TOTAL PROFIT CONSISTING
21
$4,253,645,
AND PUBLISHING
$5,153,457
24
ROYALTIES
25
$4,293,124.
THE TOTAL PROFIT
IS CREDITED
OF ARTIST
REVENUE
B, MR. WILLIAMS
23
SET FORTH
FOR
IS $16,675,690.
A, MR. THICKE
22
ISSUES
ROYALTIES
OF
OF
OF $1,404,569.
IS CREDITED
OF THE TOTAL PROFITS

OF $860,333,
$5,658,214
CONSISTING
AND PUBLISHING
WITH
OF PRODUCER
REVENUE
OF

#:9949
45
1
C, MR. HARRIS
OF THE TOTAL
ROYALTIES
IS CREDITED
PROFIT CONSISTING
AND PUBLISHING
OF $25,412
REVENUE
$704,774
OF ARTIST
OF $679,362.
D, INTERS COPE IS CREDITED
WITH
WITH $1,343,674
OF THE TOTAL PROFIT.
E, UMGD IS CREDITED
TOTAL
WITH
OF THE
PROFIT.
F, STAR TRAK IS CREDITED
$217,159
WITH $3,598,412
OF THE TOTAL PROFIT.
10
TWO, SUBJECT
TO THE DISPUTED
11
FORTH IN SUBPARAGRAPH
5-C BELOW,
12
AFTER WAR'
13
OF $561,457
14
MR. THICKE AND MS. PATTON OF $333,914.
IS $895,374,
15
THREE,
PARTIES
THE PROFIT
CONSISTING
TO MR. THICKE,
AND PUBLISHING
16
THICKE
A, OVERHEAD
17
$7,373,616
18
DEDUCTED
19
SHOULD BE ADDED TO THE $16,675,690
20
PARAGRAPH
OF INTERSCOPE
FROM TOTAL
NUMBER
21
SET
FOR 'LOVE
OF ARTIST
THE GAYE PARTIES
DISPUTE,
ISSUES
ROYALTIES
REVENUE
MAINTAIN,
EXPENSES
TO
AND THE
OF
AND UMGD SHOULD NOT BE
PROFITS
FOR 'BLURRED LINES'

PROFIT
AND
SET FORTH
IN
ONE ABOVE.
B, ROBIN"
22
-- LET ME ASK YOU A QUESTION.
(SIDEBAR)
23
THE COURT:
24
REVENUE,
25
THIS MORNING,
HERE'S MY QUESTION:
THE TOURING
IS THAT -- JUST IN LIGHT OF OUR DISCUSSION

THIS IS STILL PART OF YOUR STIPULATION?

#:9950
46
1
MR. KING:
THE TOURING
WE'RE NOT ACKNOWLEDGING
REVENUE.
MAYBE WE SHOULD
SAY "ALLEGED."
THE COURT:
IT SAYS "DISPUTED
MR. BUSCH:
IT SHOULD BE READ.
THE COURT:
THAT'S
(THE FOLLOWING
OPEN COURT
THE COURT:
THAT THAT'S
ISSUES."
FINE.
PROCEEDINGS
IN THE PRESENCE
WERE HELD IN
OF THE JURY:)
LET ME START OVER WITH PARAGRAPH
THREE.
10
PARAGRAPH
11
MAINTAIN,
12
EXPENSES
13
NOT BE DEDUCTED
14
AND SHOULD BE ADDED
15
FORTH IN PARAGRAPH
THREE,
AND THE THICKE

OF $7,373,616
16
"THE GAYE PARTIES
PARTIES
DISPUTE,
OF INTERS COPE AND UMGD SHOULD
FROM TOTAL PROFITS
FOR 'BLURRED LINES'
TO THE $16,675,690
NUMBER
PROFITS
SET
ONE ABOVE.
B, ROBIN THICKE'S
SHOULD
A, OVERHEAD
BE INCLUDED
TOUR REVENUE
OF
17
$11,792,000
18
'BLURRED LINES' AND SHOULD BE ADDED TO THE $16,675,690
19
PROFITS
SET FORTH IN PARAGRAPH
20
C, OVERHEAD
21
SHOULD NOT BE DEDUCTED
22
AFTER WAR.'"
23
MR. BUSCH:
24
OF THAT, YOUR HONOR.
25
THE COURT:
IN THE PROFITS
NUMBER
EXPENSES
FROM UMGD'S
OF
ONE ABOVE.
OF $196,234
PROFITS
OF UMGD
FOR 'LOVE
IT SHOULD BE "IF ANY" AT THE END
THAT'S WHAT THAT SAYS.
OKAY.

#:9951
48
1
OKAY.
AND I DO WANT TO ADDRESS
THAT STIPULATION,
YES.
OKAY.
THE AMOUNTS
SUBTRACTS
MR. WILLIAMS
LAWYERS
WHICH
IS PUBLISHING
AND THE AMOUNTS

REFLECTED
CERTAIN
ONE ITEM WITHIN

REVENUE.
-- DO YOU UNDERSTAND
IN THE PUBLISHING
PROFESSIONAL
AND MR. HARRIS
THAT
REVENUE
FEES THAT MR. THICKE,
PAID TO ACCOUNTANTS
AND
AND THEIR MANAGERS?
YES.
MY UNDERSTANDING
IS THE AMOUNT
IN THE
10
STIPULATION
ARE NET OF THOSE PROFESSIONAL
11
DO YOU KNOW WHAT THE PUBLISHING
12
PERCENT
13
LINES" WITHOUT
14
SUBTRACTED?
15
I DID THAT CALCULATION,
16
OKAY.
17
AMOUNT
18
"BLURRED
19
SUBTRACTED?
20
21
MILLION.
22
23
AGO ABOUT,
24
IF THE WRITERS
25
THE USE OF "GOT TO GIVE IT UP" IN "BLURRED
OKAY.
OF THE PUBLISHING
THOSE PROFESSIONAL
OKAY.
FEES BEING
YES.
OF -- WHAT
OF THE PUBLISHING
LINES" WITHOUT
FROM MEMORY,
-- 100
WAS ON "BLURRED
AND WHAT WAS THE AMOUNT
OF 100 PERCENT
WELL,
REVENUE
FEES.
REVENUE
THOSE PROFESSIONAL
IT'S A LITTLE
OF "BLURRED
FOR
FEES BEING
BIT OVER $8
AND DID YOU HEAR MS. STERN TESTIFY

THAT IN HER OPINION,
IS THE
IF "BLURRED
LINES" ATTEMPTED
A MOMENT
LINES" -TO CLEAR

LINES"

#:9952
EXHIBIT

#:9953
UNITED
CENTRAL
DISTRICT
STATES
OF CALIFORNIA
HONORABLE
UNITED
PHARRELL
STATES
WILLIAMS,
DISTRICT
COURT
- WESTERN
DIVISION
JOHN A. KRONSTADT
DISTRICT
JUDGE PRESIDING
ET AL.,
PLAINTIFFS,
CV13-06004-JAK
VS.
BRIDGEPORT
MUSIC,
INC., ET AL.,
DEFENDANTS.
REPORTER'S
TRANSCRIPT
OF DAY SIX OF TRIAL PROCEEDINGS
LOS ANGELES,
WEDNESDAY,
MARCH
CALIFORNIA
4, 2015, MORNING
SESSION
ALEXANDER T. JOKO, CSR NO. 12272

FEDERAL OFFICIAL COURT REPORTER
255 EAST TEMPLE STREET, ROOM 181-H
LOS ANGELES, CA 90012
ALEXANDER.JOKO@GMAIL.COM

#:9954
3
ALL EIGHT
MS. WILBUR,
THE WITNESS:
THE COURT:
YOUR
SANDRA WILBUR.
DO YOU UNDERSTAND
THAT YOU REMAIN
UNDER OATH?
THE WITNESS:
THE COURT:
YES,
I DO.
MR. BUSCH,
CROSS-EXAMINATION
10
BY MR. BUSCH:
11
GOOD MORNING,
12
GOOD MORNING.
13
MS. WILBUR,
14
YES.
15
WOULD
16
MUSIC
17
IT IS NOT UNCOMMON.
18
OKAY.
CAN A KEYBOARD
20
EXHIBIT
21
BY MR. BUSCH:
22
23
YESTERDAY.
NUMBER
PLAY A BASS LINE?
DO.
IN POPULAR
WOULD YOU PLEASE
PUT ON THE SCREEN
376, PAGE 19.
MS. WILBUR,
(CONTINUED)
TO PLAY A BASS LINE?
MR. MILLER
DO YOU RECALL
A
PROCEED.
YOU AGREE THAT IT IS NOT UNCOMMON
MR. BUSCH:
24
PLEASE
MS. WILBUR.
FOR A KEYBOARD
19
25
WILL YOU PLEASE RESTATE
NAME.
JURORS ARE PRESENT.
SHOWED YOU THIS SLIDE
THAT?

#:9955
4
1
OKAY.
AND YOU TESTIFIED
THAT THE TOP TRANSCRIPTION
OF "GOT TO GIVE IT UP" ON THIS DOCUMENT
LEAD SHEET;
IT WAS NOT IN THE DEPOSIT
OKAY.
THE FIRST BAR OF THAT TRANSCRIPTION.
ARE YOU WITH ME?
WAS NOT IN THE
CORRECT?
NOW, PLEASE
COPY.
LOOK WITH ME AT THE DOWN BEAT OF
YEP.
DOES THE DOWN BEAT
10
IT DOES.
11
OKAY.
12
ON THE DOWN BEAT IN THIS TRANSCRIPTION
13
CHORD?
14
THIS IS ONE WAY TO DO AN "A7" CHORD, YES.
15
THANK YOU.
17
AND ISN'T IT CORRECT
ALL RIGHT.
16
DEPOSIT
NOW,
THAT THE FOUR PITCHES

MAKE UP AN "A7"
I'D LIKE TO SHOW YOU THE
COPY LEAD SHEET.

MR. BUSCH:
18
IN THAT BAR SHOW AN "A7" CHORD?
THIS IS EXHIBIT
19
BY MR. BUSCH:
20
21
THAT THE "A7" CHORD
22
CORRECT?
23
CORRECT.
24
DO YOU SEE, MS. WILBUR,
25
"A7" CHORD DOES APPEAR?
AND IT WAS YOUR TESTIMONY
248.
YESTERDAY,
IS NOT NOTATED
WAS IT NOT,
IN THIS LEAD SHEET;
ABOVE THE STAVE THAT THE

#:9956
5
THAT IS INDICATING
MR. BUSCH:
2
3
THE COURT:
BY MR. BUSCH:
YOUR INTERPRETATION
MOTION
THE
DENIED.
YOU WOULD AGREE THAT YOU CREATED
I ADDED
OF
-- YES.
AN "A7" CHORD PLAYED
OF THE LEAD SHEET, YOU HAD
BY A PIANO; CORRECT?
MR. MILLER:
"DEPOSIT
A RECORDING
OF THE LEAD SHEET; CORRECT?
IN YOUR INTERPRETATION
11
12
YOUR HONOR, MOVE TO STRIKE
LAST HALF --
10
AN "A7" CHORD, BUT NOT NOTES.
OBJECT
TO FORM.
"LEAD SHEET."
COPY."
THE COURT:
13
YOU'RE
SPECIFY
14
REFERRING.
REFERRING
15
FILED WITH THE COPYRIGHT
THAT TO WHICH YOU'RE

TO THE PAPER THAT WAS
OFFICE?
16
MR. BUSCH:
YES.
17
THE COURT:
EXHIBIT
18
MR. BUSCH:
YES.
19
THE COURT:
RESTATE
248?
YOUR QUESTION
AND JUST
20
REFER TO 248, PLEASE.
21
BY MR. BUSCH:
22
23
AN "A7" CHORD PLAYED
24
YES.
25
AND THE "A7" CHORD WAS PLAYED ON THE DOWN BEAT;
IN YOUR INTERPRETATION
OF THE DEPOSIT
COPY, YOU HAD
BY A PIANO; CORRECT?

#:9957
6
CORRECT?
YES.
AND THE DOWN BEAT IS THE VERY BEGINNING
CORRECT?
YES.
AND YOU WOULD AGREE
WAY TO DISCUSS
YES.
AND IN YOUR VERSION
THAT THE TERM
THE LOCATION
OF A BAR;
"DOWN BEAT"
IS A
OF A PITCH; CORRECT?
OF "GOT TO GIVE IT UP,"
YOU
10
PLAYED AN "A7" PIANO CHORD ON THE DOWN BEAT OF EVERY
11
OTHER BAR; CORRECT?
12
CORRECT.
13
AND THAT WAS A CHOICE YOU MADE BASED ON THE
14
INCLUSION
15
IT WAS A CHOICE,
16
OKAY.
17
A DIRECTION
18
PARTICULAR
19
248; CORRECT?
20
ABSOLUTELY
21
OKAY.
22
CHORD IN YOUR VERSION
23
CREATED?
24
25
NOTES OF THE "A7" CHORD.
OF THE "A7" CHORD IN EXHIBIT

YES.
AND YESTERDAY
YOU TESTIFIED
TO PLAY ANY PARTICULAR

RHYTHMS
WHAT
248; CORRECT?
RELATED
THAT THERE'S
NOT
NOTES OR ANY
TO THE "A7" CHORD
IN EXHIBIT
CORRECT.
PITCHES
DID YOU USE TO PLAY THE "A7"
OF "GOT TO GIVE IT UP" THAT YOU
I WOULD HAVE TO LISTEN
TO IT AGAIN,
BUT I USED ALL

#:9958
7
WAS IT "A, C SHARP, E" AND "G"?
I BELIEVE
OKAY.
"A7" CHORD
THE "A7TH" CHORD WAS BEING USED.
SO.
AND HOW LONG IN DURATION

IN YOUR VERSION
AGAIN,
THAT'S WHAT YOU'RE ASKING.
I'M ASKING
THAT
HOW LONG THE NOTE WAS HELD,
WHAT
OF "GOT TO GIVE IT UP"?
IT WAS JUST SIMPLY TO -- TO INDICATE
I DON'T RECALL
DID YOU PLAY THE
YOU IS, HOW LONG IN DURATION
10
YOU PLAY THE "A7" CHORD
IN YOUR VERSION
11
IT UP" THAT YOU CREATED?
12
I DON'T RECALL.
13
AND YOU WOULD AGREE WITH ME, MS. WILBUR,
14
DURATION
15
IN EXHIBIT
16
IT'S NOT.
17
OKAY.
18
IN EXHIBIT
19
I DON'T THINK SO, NO.
20
OKAY.
21
THE BASS LINE OF "GOT TO GIVE IT UP"?
22
A BEAT AND A HALF.
23
OKAY.
24
YES.
25
AND THE "A7" CHORD THAT YOU PLAYED
OF THE "A7" CHORD YOU PLAYED
IF
DID
OF "GOT TO GIVE
THAT THE
IS NOT REFLECTED
248, IS IT?
IN FACT, THERE ARE NO NOTES OF THAT DURATION

248, ARE THERE?
WHAT
IS THE LONGEST
DURATION
OF ANY NOTE IN
IN YOUR VERSION

#:9959
8
OF "GOT TO GIVE IT UP" WAS NOT PLAYED ON THE OFF BEAT,
WAS IT?
IT WASN'T.
OKAY.
"A7" CHORD
NOT PLAYED ON THE OFF BEAT?
IT WAS NOT PLAYED ON THE OFF BEAT.
OKAY.
EXHIBIT
IT WASN'T
PLEASE,
INDICATED
MS. WILBUR,
IN YOUR VERSION
HOW TO PLAY IT.
WOULD
YOU AGREE THAT THE
OF "GOT TO GIVE IT UP" WAS
ARE THERE VOICINGS
OF THE "A7" CHORD ON
248?
10
NO.
11
DID YOU CHOOSE VOICINGS
12
PLAYED
13
SIMPLE VOICINGS,
14
OKAY.
15
CREATED
FOR "GOT TO GIVE IT UP," ISN'T IT TRUE THAT YOU
16
STOPPED
PLAYING
17
FROM "A7"?
18
BECAUSE
19
OKAY.
20
SIMILE"
21
IT DOES.
22
NOW, THERE ARE NOTES
23
ON THE OFF BEAT; CORRECT?
24
THE NOTES ARE, YES.
25
OKAY.
FOR THE PIANO CHORDS YOU
IN YOUR RECORDING?
YES.
AND WITH RESPECT
TO YOUR VERSION
OF WHAT YOU
THE BASS LINE WHEN THE CHORDS
CHANGED
THEY DID NOT WORK, YES.

AND ISN'T IT TRUE, MS. WILBUR,
MEANS
"CONTINUE
IN SIMILAR
THAT "BASS
FASHION"?
IN EXHIBIT
248 THAT ARE PLAYED
NOW, PLEASE LOOK WITH ME AT THE FIRST TWO

#:9960
9
MEASURES
OF THE BASS LINE IN EXHIBIT
248.
DO YOU SEE THAT THREE OF THE FOUR NOTES
2
3
THOSE TWO MEASURES
IN THE FIRST TWO MEASURES?
YES.
ACTUALLY,
OKAY.
"BASE SIMILE"
YOU STOPPED
IN
ARE ON THE OFF BEATS?
FOUR OF THE NOTES ARE.
NOW, MS. WILBUR,

MEANS
PLAYING
EVEN THOUGH
"CONTINUE
YOU AGREE THAT
IN A SIMILAR
FASHION,"
THE BASS LINE WHEN THE CHORDS
10
CHANGED;
CORRECT?
11
CORRECT.
12
OKAY.
13
WE DID NOT FEEL THEY WORKED.
14
OKAY.
MR. BUSCH:
15
16
BY MR. BUSCH:
17
18
389-2, WHICH
19
MR. MILLER
LET'S GO TO TRIAL EXHIBIT
NOW, MS. WILBUR,
I'VE SHOWN YOU TRIAL EXHIBIT
IS A DOCUMENT
21
YES.
22
OKAY.
THAT -- OR A SLIDE THAT
SHOWED YOU YESTERDAY.

DO YOU RECALL
20_
389-2.
THAT?
NOW, PLEASE LOOK WITH ME AT THE TOP STAVE.

YOU WITH ME?
23
24
YES.
25
THIS SHOWS THE BASS LINE OF "GOT TO GIVE IT UP";

#:9961
10
1
CORRECT?
IT'S WHAT'S
OKAY.
IN THE DEPOSIT
COPY, YES.
AND THE STAVE ATTACHED
TO THAT TOP STAVE
SHOWS THE BASS LINE; CORRECT?
CORRECT.
AND THE STAVE -- THAT STAVE SHOWS FOUR BARS;
CORRECT?
CORRECT.
AND THOSE
FOUR BARS PLUS THE NEXT FOUR BARS REPEAT
10
THROUGHOUT
"BLURRED
LINES";
11
THEY DO.
12
AND YOUR TESTIMONY
13
THAT THERE ARE THREE NOTES
14
PITCH AND LOCATION
15
BUT NOT THE DURATION.
16
OKAY.
17
CORRECT?
18
CORRECT.
19
OKAY.
CORRECT?
REGARDING
THOSE FOUR BARS IS
IN COMMON WHERE BOTH THE
ARE THE SAME; CORRECT?
BUT THE PITCH AND LOCATION
ARE THE SAME;
AND THOSE THREE NOTES ARE HIGHLIGHTED
20
YELLOW;
21
THEY ARE.
22
NOW,
23
IN THE "BLURRED
24
CORRECT.
25
BUT THOSE PITCHES ALSO APPEAR
IN
CORRECT?
IN THE FIRST BAR, THERE ARE ONLY TWO PITCHES

LINES"
BASS LINE; CORRECT?
IN THE FIRST BAR OF

#:9962
11
THE
CORRECT?
THEY
AND--
ACTUALLY
NOT
--
THE
DURATIONS
ARE
NOT
IN THE
SECOND
10
GIVE
IT UP"
HAVE
11
CORRECT.
12
AND
YOU
BOTH
THE
SAME
14
T'M
SORRY,
15
THAT
WHAT
16
I'M
17
ON THE
18
YES.
13
"GOT
TO
GIVE
IT UP"
COPY,
EXHIBIT
248;
DO.
I MEAN,
THE
NOT
SAME
-- THE
PITCHES
DO,
BUT
--
OKAY.
IN EITHER
BAR,
BOTH
BASS
DETERMINED
ONE
PITCH
AND
YOU'RE
AT
"BLURRED
NOTES;
LINES"
"GOT
YOU
THREE
SAME
HIGHLIGHTING
TO LOOK
AT
NOTES
WAS
LOCATION;
CORRECT?
THE
PART.
LOWER
THE
SECOND
BAR.
TOP?
AND
YOU
20
NOTES
21
LOCATION;
CORRECT?
22
SAME
PITCH,
23
THE
24
REPEAT
DETERMINED
OF BOTH
OTHER
THE
SAME
SAME
THAT
LOCATION,
TWO
NOTES
OTHER
TWO
ONE
PITCH
THOUGH
AND
OF THOSE
AT
THE
THREE
SAME
NOT
SAME
DURATION.
ARE
BOTH
AT
-- SORRY.
THAT.
THE
NOTES
ARE
TO
CORRECT?
OF THOSE
THE
AND
MEANT?
ASKING
WAS
CASE.
THREE
YOU
19
25
DEPOSIT
BOTH
AT
THE
SAME
OF
IS

#:9963
12
1
LOCATION;
CORRECT?
BUT NOT THE SAME PITCH, YES.
OKAY.
SONGS SHOW AN "A"; CORRECT?
TIED FROM THE PREVIOUS
PLAYED.
BOTTOM,
BEAT.
AND IN THE SECOND BAR, THE DOWN BEAT OF BOTH
ACTUALLY,
THAT'S
IT'S PLAYED
NOT TRUE BECAUSE

MEASURE.
THE TOP ONE IS
AND SO IT'S NOT
ON THE END OF THE "4."
AND IN THE
IT'S PLAYED ON THE END OF THE "4" AND THE DOWN
10
SO YOU DISAGREE
11
BEAT OF BOTH SONGS SHOW AN "A"?
12
I DISAGREE
13
I WOULD LIKE YOU TO ANSWER MY QUESTION.
14
YES, THEY ARE --
IN THE SECOND BAR, THE DOWN
THAT THEY ARE SOUNDING
15
THE COURT:
16
MR. MILLER:
17
THE COURT:
18
THAT,
EXCUSE ME.
ARGUMENTATIVE.
CORRECT.
READ THE QUESTION,
19
AT THE SAME TIME.
PLEASE.
(RECORD READ)
20
THE COURT:
21
THE WITNESS:
22
THE COURT:
23
THE WITNESS:
24
BY MR. BUSCH:
25
DO YOU UNDERSTAND
THE QUESTION?
YES.
YOU MAY ANSWER.
YES.
LET ME -- WE HAVE A DOUBLE NEGATIVE
THAT I WANT TO

#:9964
13
1
CLEAR UP.
WOULD YOU AGREE WITH ME THAT,
IN THE SECOND
BAR, THE DOWN BEAT OF BOTH SONGS SHOW AN "A"?
YES.
THANK YOU.
NOW, THAT "A" IN THE DOWN BEAT OF BAR TWO OF
BOTH SONGS IS THE SAME PITCH; CORRECT?
YES.
NOW, WHEN YOU WERE GOING THROUGH
9
10
BY MR. MILLER,
11
I DID NOT BECAUSE
OKAY.
12
YOU DID NOT HIGHLIGHT
NOW,
IT DOESN'T
YOUR EXAMINATION
THAT "A#"
DID YOU?
SOUND.
IN THE THIRD BAR, BOTH SONGS CONTAIN
13
THREE NOTES;
CORRECT?
14
CORRECT.
15
ALL THREE OF THOSE NOTES ARE THE SAME LOCATION;
16
CORRECT?
17
THERE ARE THREE NOTES
INDICATED,
18
AT THE SAME LOCATION;
CORRECT?
19
YES.
20
WOULD YOU AGREE
21
BOTH SONGS SHOWS THE SAME PITCH?
22
BUT ONE THAT DOESN'T
PLAY AT THE SAME TIME.
THE DOWN BEAT OF THE THIRD BAR OF
YES.
NO, I'M SORRY.
23
YES.
24
SHOW AT THE SAME POINT,
25
YES.
CAN YOU -- THE -- YOUR -- THEY

IF THAT'S WHAT YOU'RE
ASKING.

#:9965
14
EXAMINATION
BY MR. MILLER,
I'M NOT SURE I'M UNDERSTANDING
I'M
THE COURT:
5
6
THAT YESTERDAY
DID YOU?
RESTATE
THE QUESTION,
WOULD YOU AGREE
YES.
EXAMINATION
ANSWERED.
DID YOU?
OBJECTION,
THE WITNESS:
15
16
PLAYED.
17
BY MR. BUSCH:
Q
OKAY.
I DID NOT BECAUSE
20
CORRECT.
AND THOSE
CORRECT.
AND YOU DID NOT HIGHLIGHT
23
24
EXAMINATION
25
IT'S NOT BEING
IN THE FOURTH BAR, THE DOWN BEAT OF BOTH
BASS LINES
22
ASKED AND
OVERRULED.
19
21
YOUR HONOR.
YOU MAY ANSWER.
14
18
IN THE
THE CHART WAS HIGHLIGHTED.

THE COURT:
13
THAT PITCH YESTERDAY
BY MR. MILLER,
MR. MILLER:
11
12
PLEASE.
THAT THE DOWN BEAT OF THE THIRD BAR
OF BOTH SONGS SHOWS THE SAME PITCH?
10
THE QUESTION.
BY MR. BUSCH:
IN YOUR
IS AN "A"; CORRECT?
"A'S"
ARE THE SAME PITCH;
BY MR. MILLER,
FOR THE SAME REASON
CORRECT?
THAT PITCH EITHER
DID YOU?
I'VE STATED
BEFORE.
IN YOUR

#:9966
15
FIRST FOUR BARS OF "BLURRED
3
4
5
OKAY.
THE HIGHEST
I BELIEVE
OKAY.
PITCH OF THE BASS LINE IN THE
AND YOU WOULD AGREE THE HIGHEST
PITCH OF THE
FIRST FOUR BARS OF "GOT TO GIVE IT UP" IS ALSO A "D";

CORRECT?
THAT IS CORRECT.
AN "A" PITCH PRECEDES
IS A "D"; CORRECT?
THAT'S A "B."
LINES"
LINES"
TRANSCRIPTION;
IN A DIFFERENT
PLACE.
THE "D" IN THE "BLURRED
CORRECT?
GOING BACK TO THE "A" THAT WE SPOKE ABOUT A
10
11
MOMENT
AGO WHERE
12
BEAT OF BAR 2 OF BOTH SONGS IN THE SAME PITCH.

DO YOU RECALL ME ASKING
13
14
15
I ASKED YOU IF THE "A" IS IN THE DOWN
IT SHOWS AN "A," RIGHT.
OKAY.
AND WOULD YOU AGREE,
YOU THAT A MOMENT
MS. WILBUR,
16
"A" DID NOT SOUND AS YOU JUST SAID A MOMENT
17
THE TRANSCRIPTION
18
YOU'RE
PLAYING
19
AND YOU'RE
20
NEXT MEASURE.
21
22
23
24
25
WOULD
HOLDING
AGO?
THAT IF THE
AGO, THAT
SHOW A "REST," NOT A "TIE"?
THE NOTE ON THE END OR OF THE "4,"

IT OVER TO THE SECOND BEAT IN THE
SO IT'S -- THAT'S
MR. BUSCH:
THE WAY IT'S WRITTEN.
I MOVE TO STRIKE,
YOUR HONOR, AS
NONRESPONSIVE.
THE COURT:
READ THE QUESTION,
PLEASE.
(RECORD READ)
THE COURT:
DO YOU UNDERSTAND
THE QUESTION?

#:9967
16
1
THE WITNESS:
THE COURT:
THE WITNESS:
BY MR. BUSCH:
6
7
I BELIEVE
YES.
YOU MAY ANSWER.
YES.
I WAS TALKING
THE "D," AND THAT THE HIGHEST
TO YOU A SECOND AGO ABOUT

PITCH IN "BLURRED
LINES"
AND IN "GOT TO GIVE IT UP" IN THE FIRST FOUR BARS ARE A
"D"; CORRECT?
THAT'S
10
WHAT DID YOU SAY?
11
IT'S A "B"?
12
IN BOTH?
13
IN
14
OKAY.
15
I'M SORRY, YOU'RE ABSOLUTELY
16
"D."
17
OKAY.
INCORRECT.
IT'S A "B."
IN BOTH.
CORRECT.
SO LET'S GET THE RECORD
AS CLEAR AS WE CAN.
YOU WOULD AGREE THAT THE HIGHEST
18
THAT IS A
PITCH OF THE
19
BASS LINE IN THE FIRST FOUR BARS OF BOTH "BLURRED
20
LINES" AND "GOT TO GIVE IT UP" IS A "D"; CORRECT?
21
YES.
22
AND YOU WOULD AGREE THAT AN "A" PITCH PRECEDES
23
"D" IN THE "BLURRED LINES" TRANSCRIPTION;
24
CORRECT.
AND YOU WOULD AGREE
25
THE
CORRECT?
THAT AN "A" PITCH ALSO PRECEDES

#:9968
17
1
THE "D" IN THE "GOT TO GIVE IT UP," EXHIBIT
CORRECT?
YES, IN A DIFFERENT
OKAY.
LOCATION.
ALL RIGHT.
YESTERDAY,
MS. WILBUR,
I BELIEVE
THAT YOUR VERSION
UP" HAD THE BASS LINE FROM EXHIBIT
CORRECT.
BUT YOU DID NOT INCLUDE
THAT YOU CREATED
248 IN IT; CORRECT?
THE BASS LINE IN THE
ENTIRETY
11
CORRECT.
12
AND I BELIEVE
13
DIDN'T
14
VERSION
15
CHORDS WOULD NOT FIT; CORRECT?
16
CORRECT.
17
NOW, THAT LEFT A SIGNIFICANT
18
OF "GOT TO GIVE IT UP" WITHOUT
19
TRUE?
20
YES.
21
YOU WOULD AGREE,
22
THE BASS LINE OUT OF THOSE PORTIONS
23
UP"
25
OF YOUR VERSION;
INCLUDE
YOU TESTIFIED
OF "GOT TO GIVE IT
10
24
248;
CORRECT?
YOU MENTIONED
THIS A MOMENT AGO.
THE BASS LINE IN THE PORTIONS
OF YOUR
OF "GOT TO GIVE IT UP" WHERE YOU BELIEVED
LET ME REPHRASE
YOU
THE
PART OF YOUR VERSION
A BASS LINE; ISN'T THAT
MS. WILBUR,
THAT YOU KNEW TO LEAVE

OF "GOT TO GIVE IT
THE QUESTION.
YOU WOULD AGREE,
MS. WILBUR,
THAT YOU KNEW TO
LEAVE THE BASS LINE OUT OF THOSE PORTIONS
OF "GOT TO

#:9969
18
1
GIVE IT UP" BECAUSE
YOU BELIEVED
IN COMBINATION
UP"; CORRECT?
YES.
YOU KNEW THAT BECAUSE
CORRECT?
CORRECT.
THERE'S
SHEET WHICH
WITH CERTAIN
NOTHING
WITHIN
IT WOULD SOUND BADLY
CHORDS
IN "GOT TO GIVE IT
OF YOUR MUSICAL
TRAINING;
THE FOUR CORNERS
OF THE LEAD
STATES THE BASS LINE SHOULD NOT PLAY
10
THROUGHOUT
THE ENTIRETY
OF THE SONG; ISN'T THAT RIGHT?
11
THAT'S
12
INSTEAD,
13
OUT, YOU HAD TO COMBINE
14
WITH WHAT
15
YES, I MADE SOME CHOICES.
16
I WANT TO GO BACK TO THE "A" THAT WE SPOKE ABOUT A
17
MOMENT
18
WHICH ONE?
19
WHEN WE WERE TALKING
20
OF BAR 2 OF BOTH SONGS.
CORRECT.
IN ORDER TO DECIDE
IS ACTUALLY
TO LEAVE THE BASS LINE
YOUR KNOWLEDGE
WRITTEN
AS A MUSICIAN
ON THAT PAGE; CORRECT?
AGO.
21
ABOUT THE "A" IN THE DOWN BEAT
DO YOU RECALL ME ASKING
YOU ABOUT THAT A
22
MOMENT
AGO?
23
I DO.
24
OKAY.
25
TIE IS IN BARS 1-2 AND 2-3, 3-4, 5-6 AND 7-8?
WOULD YOU AGREE,
MS. WILBUR,
THAT THE "A"

#:9970
19
1
2
I DO.
AND THE "A" IS TIED
CORRECT?
IT'S NOT A DOWN BEAT.
THE "4"
OF THE NEXT MEASURE.
IN THE PREVIOUS
IT'S TIED FROM THE END OF
BAR THROUGH
TO THE SECOND BEAT
OKAY.
MR. BUSCH:
8
9
IN THOSE BARS AS THE DOWN BEAT;
LET'S SHOW NOW TRIAL EXHIBIT
383-2.
10
BY MR. BUSCH:
11
12
YESTERDAY.
THIS IS ANOTHER
SLIDE THAT MR. MILLER
DO YOU RECALL
13
SHOWED
THAT?
DO.
14
15
YOU CREATED
16
I DID.
17
AND I SEE THAT YOU HAVE ONLY -- YOU HAVE ONLY
18
HIGHLIGHTED
19
CORRECT?
20
THAT'S
21
AND THIS IS, AS IT STATES AT THE TOP OF THE
22
DOCUMENT,
23
COMPARED
24
WHAT YOU WROTE AT THE TOP OF THIS DOCUMENT;
25
THIS SLIDE; CORRECT?
ONE NOTE
IN THESE TWO BARS;
IS THAT
CORRECT.
THE SIGNATURE
TO "BLURRED
CORRECT.
PHRASE
LINES"
FROM DEPOSIT
SIGNATURE
COpy
PHRASE.
THAT'S
CORRECT?

#:9971
20
Q
OKAY.
DO YOU SEE IN THE FIRST BAR OF "GOT TO GIVE
IT UP" DEPOSIT
COpy AN "8TH" NOTE AT THE "E" PITCH
FOLLOWED
YES.
THE FIRST BAR OF "BLURRED
5
6
7
8
9
BY AN "F SHARP,
"E" PITCH FOLLOWED

A
IT DOES, BUT AT A DIFFERENT
OKAY.
IN BOTH COMPOSITIONS,
THE "E, F SHARP,
8TH" NOTES,
IS AN "A"; CORRECT?
11
CORRECT.
THE "E, F SHARP,
13
14
15
16
"BLURRED
A
"BLURRED"
Q
8TH" NOTE;
IMMEDIATELY
A, 8TH" NOTES
-- IT'S FOLLOWED
FOLLOWING
IN THE FIRST BAR OF
BY AN "8TH" NOTE; CORRECT?

BY A QUARTER
NOTE
IN
AND AN "8TH" NOTE IN "GIVE."
I THINK -- I'M NOT SURE YOU HEARD ME CORRECTLY.

THE "E, F SHARP, A, 8TH" NOTES
BAR OF "BLURRED
LINES"
ARE FOLLOWED
IN THE FIRST
BY AN "A" NOTE;
CORRECT?
20
OH, I'M SORRY.
AND THE "E, F SHARP, A, 8TH" NOTES
22
CORRECT?
AN "8TH" NOTE THAT
19
21
CORRECT.
OF "GOT TO GIVE IT UP" ARE FOLLOWED
IN THE FIRST BAR
BY A SUSTAINED
23
NOTE; CORRECT?
24
CORRECT.
AFTER THAT "E, F SHARP, A" AND THE SUSTAINED
25
AN
LOCATION.
THERE'S
LINES" ARE FOLLOWED
THERE'S
17
18
LINES" ALSO CONTAINS
BY AN "F SHARP,
10
12
8TH" NOTE?
"B"
"B"

#:9972
21
PITCH,
CORRECT?
CORRECT.
AND AFTER
"GOT TO GIVE IT UP" NEXT PLAYS AN "A" PITCH;
THE "A" PITCHES
IN BOTH
"BLURRED
AND "GOT TO GIVE IT UP," THE COMPOSITIONS
"E"
6
7
8
9
10
11
12
13
14
15
16
17
PITCH;
CORRECT.
OKAY.
NOT THE SAME DURATION.
AND THE "E" PITCH IN BOTH COMPOSITIONS
THE SAME LOCATION;

A
YES.
AND STARTING
IT'S STARTS AT THE SAME TIME.

WITH THE "E, F SHARP" AND "A," BOTH
LINES" AND "GOT TO GIVE IT UP," FIVE OF THE
SIX STRUCK
PITCHES
ARE THE SAME; CORRECT?
YES, BUT IN COMPLETELY
OKAY.
DIFFERENT
PLACES.
AND THOSE PITCHES ARE IN THE SAME ORDER;
CORRECT?
A
AFTER THE FIRST THREE,
ORDER.
19
THEY'RE
20
RIGHT.
AND BOTH "BLURRED
22
IS AT
CORRECT?
18
21
BOTH PLAY AN
CORRECT?
"BLURRED
LINES"
CORRECT?
24
YES.
25
OKAY.
NOT IN THE SAME
BOTH "E, F SHARP" AND "A"?
FIVE OF THE SIX STRUCK
23
THEY'RE
LINES" AND "GOT TO GIVE IT UP,"

PITCHES
THEREAFTER
ARE THE SAME;

#:9973
22
1
NO.
NO, BECAUSE
"BLURRED"
HAVE "E, F SHARP, A, B, A, E."
FOLLOWED
BY THE "E."
ON THE BOTTOM,
E."
SO THERE'S
SO I AM CORRECT?
YES.
OKAY.
TWICE IN
SO ON THE "GIVE," YOU
YOU HAVE "E, F SHARP, A, A, A,
AN EXTRA NOTE
I'M SORRY.
THE "A" IS PLAYED
IN THERE.
I'M SORRY,
AND THOSE PITCHES
YES.
BEGIN
IN THE FIRST BAR AND
10
CONTINUE
INTO THE SECOND BAR; CORRECT?
11
CORRECT.
12
AND WOULD
13
COMPOSITIONS
14
THEY DO.
15
AM I CORRECT
16
UP" HAS THREE NOTES?
17
YES.
18
WOULD YOU AGREE THAT THE FIRST TWO PITCHES
19
MELISMA
20
IN DIFFERENT
21
AND THE FIRST TWO PITCHES
22
"BLURRED
23
IN A DIFFERENT
RHYTHM
24
BUT THE ANSWER
TO MY QUESTION
25
YES.
YOU AGREE THAT THE SECOND
AS SHOWN HERE CONTAIN
THAT THE MELISMA
BAR OF BOTH
A MELISMA?
IN "GOT TO GIVE IT
IN "GOT TO GIVE IT UP" ARE "A" AND "E"?

PLACES,
LINES" ARE ALSO
BUT, YES.
OF THE MELISMA
"A" AND "E"; CORRECT?

COMPLETELY.
IS?
OF
OF THE

#:9974
23
OKAY.
AND TWO OF THE THREE
OF "GOT TO GIVE IT UP" APPEAR
2
3
"BLURRED
LINES";
CORRECT.
OKAY.
IN THE MELISMA
363-2.
BY MR. BUSCH:
ARE YOU WITH ME, MS. WILBUR?
10
I AM.
11
OKAY.
12
THE SONG "BLURRED
13
I DO.
HOW MANY TIMES DO THE LYRICS
15
"BLURRED
16
DO YOU RECOGNIZE
LINES"?
I THINK
18
OKAY.
"GOOD GIRL" APPEARS
AND HOW MANY TIMES
LINES" APPEAR
SIX TIMES.
DOES -- DO THE LYRICS
"BLURRED
21
I BELIEVE
22
OKAY.
23
WITH A REPEAT
OF THE CHORUS.
WELL, LOOKING
AT THE LYRICS,
25
IN
LOOK HERE.
20
24
"GOOD GIRL" APPEAR
IF YOU COULD GO DOWN TO THE CHORUS?

I CAN ACTUALLY
THIS AS A LYRIC SHEET FOR
LINES"?
17
19
OF
LET'S GO TO THE NEXT TRIAL EXHIBIT
14
IN THE MELISMA
CORRECT?
MR. BUSCH:
PITCHES
IN "BLURRED
LINES"?
THREE TIMES.
THAT THE FIRST CHORUS
MS. WILBUR,
"GOOD GIRL" APPEARS
YOU'LL
SEE
THREE TIMES.

#:9975
24
1
DO YOU SEE THAT?
RIGHT.
AND THEN DO YOU SEE ON PAGE 2, THERE'S
CHORUS?
AND IT REPEATS
SO THAT WOULD BE SIX.
THOSE THREE TIMES.
AND THEN DO YOU SEE THERE'S
IT DOES.
SO THE THREE REFERENCES
THERE.
SO THERE ARE NINE ACTUAL
11
GIRL"
12
CORRECT.
13
OKAY.
14
MELODY
15
PROGRESSION
16
SIMILARITIES
17
I COMPLETELY
18
OKAY.
19
YOU WERE UNAWARE
20
PLAYING
21
SHOW SIMILARITY;
22
I BELIEVE
23
OKAY.
24
ONE OF THE CASES THAT YOU TESTIFIED
25
LINES";
A THIRD CHORUS?
TO "GOOD GIRL" WOULD REPEAT
10
IN "BLURRED
A SECOND
REFERENCES
TO "GOOD
CORRECT?
DO YOU BELIEVE,
MS. WILBUR,
THAT IF THE
OF ONE SONG CAN BE PLAYED ON THE CHORD

OF ANOTHER
BETWEEN
SONG AND VICE VERSA,
THE SONGS?
DISAGREE
WITH THAT.
AND, IN FACT, YESTERDAY
OVERLAY
THAT SHOWS
OF ANYONE
OR MASH-UPS
YOU TESTIFIED
THAT
IN A CASE LIKE THIS EVER

OF ONE SONG OVER ANOTHER
TO
CORRECT?
I SAID THAT, YES.
ISN'T IT TRUE THAT YOU YOURSELF
I DON'T RECALL.
ABOUT
DID THAT IN
IN THE PAST?

#:9976
25
1
OKAY.
I WOULD
MS. WILBUR,
TO THE AFFIDAVIT
THE COURT:
1721?
MR. BUSCH:
LIKE TO DIRECT YOUR ATTENTION,

THAT YOU GAVE.
TO WHAT EXHIBIT
I'M PULLING
ARE YOU REFERRING?
IT UP, YOUR HONOR.
APOLOGIZE.
OKAY.
BY MR. BUSCH:
507.
THIS IS FROM -- THIS IS EXHIBIT
10
BOURNE
DECLARATION
11
BOURNE
CASE THAT YOU SAID YOU TESTIFIED
12
AFFIDAVIT?
13
CORRECT.
14
OKAY.
15
THAT WE DISCUSSED
507 AND FROM THE
I'M REFERENCING
THE COURT:
YESTERDAY.
IN AND GAVE AN
NOW PARAGRAPH
45.
IT'S IN BOOK VOLUME
15.
16
BY MR. BUSCH:
17
IT'S ON PAGE 13 OF YOUR DECLARATION.
18
YOU'RE
19
YES.
20
TALKING
ABOUT
DO YOU SEE WHERE
21
"INDEED,
EXCEPT
22
SECTION
OF JEW"
23
THAT'S
24
SUNG USING THE CHORDS
25
VERSA."
THE
PAGE 13, NUMBER
45?
YOU SAID IN YOUR DECLARATION,
FOR MEASURES
21 AND 22 IN THE
'B'
I'M SORRY, THAT'S THE LANGUAGE
USED IN THE DECLARATION
-- "ALL OF 'STAR' CAN BE
FOUND IN THAT SONG AND VICE

#:9977
26
DO YOU SEE THAT?
1
A
YES.
BUT I NEVER
DID A MASH-UP.
MASH-UP.
OKAY.
LET ME ALSO CLARIFY

THE COURT:
6
7
PENDING.
BY MR. BUSCH:
ALL I'M ASKING
11
12
YOU -NEXT QUESTION,
THAT IS YOUR STATEMENT
CORRECT?
14
MR. MILLER:
THE COURT:
16
YESTERDAY,
OBJECTION.
IT'S CUMULATIVE.
MS. WILBUR,
ABOUT MUSICAL
20
CORRECT.
AND YOU TESTIFIED
22
FRANK SINATRA
ARRANGEMENTS;
THAT,
OR THE ROLLING
23
VERSION
24
YES.
AND YOU ALSO TESTIFIED
25
IN YOUR DECLARATION;
SUSTAINED.
BY MR. BUSCH:
19
21
PLEASE.
YES.
15
18
NO QUESTION
BY MR. BUSCH:
13
17
THAT --
EXCUSE ME, THERE'S
THE COURT:
10
NEVER DID A
YOU REMEMBER
TESTIFYING
CORRECT?
I BELIEVE,
TONY BENNETT
OR
STONES COULD PLAY A COVER
OF "GOT TO GIVE IT UP"; CORRECT?
THAT A FOLK VERSION
OF "GOT

#:9978
27
TO GIVE IT UP" COULD BE RECORDED;
1
2
3
YES.
NOW, A VERSION
ROLLING
OF "GOT TO GIVE IT UP" BY THE
STONES OR A VERSION
TONY BENNETT
MIGHT
YES.
BUT BOTH VERSIONS,
CORRECT?
ONE BY THE ROLLING
WOULD BE RECOGNIZABLE
STONES AND/OR
AS "GOT TO
GIVE IT UP"; CORRECT?

MR. MILLER:
10
11
OF "GOT TO GIVE IT UP" BY
SOUND VERY DIFFERENT;
ONE BY TONY BENNETT,
CORRECT?
OBJECTION.
CALLS FOR
SPECULATION.
THE COURT:
DO YOU UNDERSTAND
THE QUESTION?
12
THE WITNESS:
13
14
15
16
17
18
YOU AGREE
THAT WHETHER
WOULD
STILL BE RECOGNIZABLE
THE COURT:
24
25
STONES
COVER OF
DOES, THE SONG
AS "GOT TO GIVE IT UP";
CORRECT?
20
23
THE ROLLING
"GOT TO GIVE IT UP" OR TONY BENNETT
MR. MILLER:
22
THE QUESTION?
BY MR. BUSCH:
19
21
CAN YOU REPEAT
INCOMPLETE
SUSTAINED
HYPOTHETICAL.
AS FRAMED.
BY MR. BUSCH:
Q
NOW, YOU WORK ON LICENSING
ADVERTISING
COMPOSITIONS
AT THE
AGENCY?
AT THE ADVERTISING
IN THE HYPOTHETICAL
AGENCY,
YES, AND AFTERWARD.
THAT YOU DREW ON EXAMINATION
BY

#:9979
28
1
MR. MILLER,
OR TONY BENNETT
IT UP," THEY WOULD
YOU WOULD AGREE THAT IF THE ROLLING

WANTED
HER OPINIONS.
BY MR. BUSCH:
DIRECT EXAMINATION
COULD SIMPLY
10
YOU'RE
SUSTAINED.
NOT SUGGESTING
UP" WITHOUT
11
12
NEED A LICENSE
THE COURT:
TO COVER, RE-RECORD
DO THEIR OWN VERSION

A LICENSE
THE COURT:
"GOT TO GIVE
TO DO SO; CORRECT?
IT'S NOT GERMANE
TO
BY WHAT YOU SAID YESTERDAY
BY MR. MILLER
NEEDING
STONES
ON
THAT THOSE PARTIES

OF "GOT TO GIVE IT
TO DO SO, WERE YOU?
SUSTAINED.
IT'S OUTSIDE
THE AREA
OF HER EXPERTISE.
13
MR. BUSCH:
IT WAS OPENED
14
THE COURT:
SUSTAIN THE OBJECTION.
15
PLEASE
16
ISSUES.
17
BY MR. BUSCH:
18
19
WAS ASKING
20
SPOKE ABOUT.
BY HIS EXAMINATION.
LIMIT YOUR QUESTIONS
I WANT TO JUST GO BACK FOR A MOMENT
21
TO MUSICAL
TO SOMETHING
YOU ABOUT ABOUT THE DOWN BEAT "A" THAT WE
DO YOU RECALL THAT?
22
I DO.
23
OKAY.
24
SOUNDS ON EVERY DOWN BEAT OF BARS 1 THROUGH
25
DEPOSIT
WOULD YOU AGREE THAT THE DOWN BEAT "A"
COPY, EXHIBIT
248?
8 OF THE

#:9980
29
MR. MILLER:
THE COURT:
THE WITNESS:
THE COURT:
THE WITNESS:
VAGUE,
OBJECTION.
DO YOU UNDERSTAND
YOUR HONOR.
THE QUESTION?
I DO.
YOU MAY ANSWER.
IT DOESN'T
START AT THE SAME
PLACE, BUT IT DOES RING THROUGH.
BY MR. BUSCH:
IN BARS 2, 3, 4, 6 AND 8; IS THAT CORRECT?
OKAY.
AND YOU AGREE THAT THE DOWN BEAT "A" IS TIED
YES.
SO IT DOESN'T
START ON THAT DOWN BEAT IN
10
11
THOSE MEASURES.
12
13
NOT AS A TIE, BUT INDEPENDENTLY
14
15
16
"YES"?
17
WOULD
YOU AGREE THAT THE DOWN BEAT "A" IS SOUNDED

IN BARS 1, 5 AND 7?
I'D HAVE TO SEE THE CHART AGAIN,

DO YOU WANT TO SEE THE CHART,
BUT, YES.
OR ARE YOU SAYING
I NEED TO SEE THE CHART.

MR. BUSCH:
18
19
THERE,
20
BY MR. BUSCH:
21
22
23
24
25
COULD YOU PUT EXHIBIT
248 BACK UP
THE COMPARISON?
IS THAT THE DOCUMENT
YOU NEED TO SEE, MS. WILBUR?
RIGHT.
WOULD
YOU LIKE ME TO REPEAT MY QUESTION?
IT'S THE -- CAN YOU JUST REPEAT

SURE.
I'LL BE HAPPY TO.
THE QUESTION?

#:9981
30
1
WOULD
YOU AGREE THAT THE DOWN BEAT "A" IS
SOUNDED
NOT AS A TIE, BUT INDEPENDENTLY
AND 7?
BUT IN 5 AND 7, ONE IS AN "A" AND ONE IS AN "E."
IN BAR 7, ONE IS AN "A" AND ONE IS AN "E."
I DISAGREE.
OKAY.
8
9
IT SOUNDS
IN BARS 1, 5
ON -- IN THE ONE MEASURE.
THANK YOU.
ALL RIGHT.
I JUST HAVE A LITTLE BIT FOR YOU,
MS. WILBUR.
10
I WANT TO TALK TO YOU ABOUT WHAT'S
11
REFERRED
12
IT UP."
TO AS THE "PARLANDO"
13
SECTION
IT IS YOUR VIEW THAT THE ELEMENTS

ARE MELODY,
RHYTHM,
BEEN
IN "GOT TO GIVE
14
COMPOSITION
15
LYRICS;
16
17
OKAY.
18
COMPARING
19
WITHIN
20
ANALYZING
21
I LOOK AT THE WHOLE
22
ISN'T IT TRUE YOU LOOK AT STRUCTURE
23
FIRST THINGS
24
25
AND
HARMONY,
OF A MUSICAL
STRUCTURE
AND
CORRECT?
DO.
AND WOULD
TWO WORKS,
YOU AGREE THAT WHEN YOU'RE

LOOKING
AT SIMILAR
STRUCTURE
THE WORK IS ONE OF THE FIRST THINGS YOU DO IN

SIMILARITY;
CORRECT?
SONG, YES.
AS ONE OF THE
THAT YOU DO, IS LOOK AT THE STRUCTURE?
IT'S NOT ALWAYS

MR. BUSCH:
THE FIRST THING
I DO, NO.
I'D LIKE TO, YOUR HONOR, READ FROM

#:9982
31
1
MS. WILBUR'S
EXAMINATION
AT --
THE COURT:
WHICH
MR. BUSCH:
AUGUST
23 TO 168, LINE 13.
THE COURT:
MR. MILLER:
THE COURT:
DEPOSITION,
ANY OBJECTION
12
THE COURT:
14
READ.
CAN I
I'LL JUST READ IT.
MR. MILLER:
PLEASE WITHOUT
IN OPEN COURT)
THAT'S NOT THE RIGHT CITE.
11
13
TO THAT BEING READ?
YOU MAY READ THAT.
MR. BUSCH:
HAVE THE PAGE?
PAGE 167, LINE
NO, YOUR HONOR.
(VIDEO PLAYED
9
10
DATE?
CAN WE NOT PUBLISH?

ARE YOU GOING TO -- JUST READ THIS
PUBLISHING.
THE OBJECTION
SHOULD NOT BE
IT'S BEEN WAIVED.
15
MR. BUSCH:
OKAY.
16
LINE 23, "QUESTION:
17
MUST BE COMPARED
18
ANALYZE
19
WOULD
20
ELEMENTS
21
WORK?
22
WELL, YOU KNOW, STRUCTURE
23
THE ENTIRE WORK.
24
AND PUTTING
25
FIRST THINGS YOU DO."
WHETHER
SO BEGINNING
THE FIVE ELEMENTS
THAT YOU SAY
IN ORDER TO FULLY AND ACCURATELY

ANY SUBSTANTIAL
SIMILARITY
YOU AGREE THAT IT'S IMPORTANT

COLLECTIVELY
QUESTION:
AT PAGE 167,
TO COMPARE
AS A COLLECTIVE
AS OPPOSED
EXISTS,
THOSE
IN THE ENTIRE
TO INDIVIDUALLY?
ANSWER:
IS ITSELF HAS TO DEAL WITH
SO YOU ARE LOOKING
IT INTO A STRUCTURE.
AT THE ENTIRE
THAT'S ONE OF THE
WORK

#:9983
32
BY MR. BUSCH:
SO YOU WOULD AGREE
STRUCTURE
4
5
6
7
8
9
10
11
12
13
14
15
THAT IN ANALYZING,
IS ONE OF THE FIRST THINGS
IN THIS KIND OF CASE, YES.
OKAY.
BELIEVE
AND, MS. WILBUR,
THAT IN ANALYZING
STRUCTURE,
THE RESPECTIVE
ARE SIMILAR
A
IS IMPORTANT
TWO WORKS WITH RESPECT
TO
LENGTH
THAT
OF EACH SECTION
I -- LET ME JUST ANSWER.
IS IMPORTANT.
BUT THE FIRST
IS LOOK FOR SIMILARITY
YOU DID SAY IN YOUR DEPOSITION
THAT WE JUST HEARD THAT STRUCTURE
TESTIMONY
WAS ONE OF THE FIRST
YOU DO?
16
THE COURT:
LET'S MOVE ON, PLEASE.
17
MR. BUSCH:
THAT'S
18
19
20
21
SO THE ANSWER
YES, COMPARING
ARE SIMILAR
TO MY LAST QUESTION
RESPECTIVE
LENGTH
IS, THAT IN FACT,
OF TWO SECTIONS
THAT
IS PART OF YOUR ANALYSIS?
MR. MILLER:
THE COURT:
23
25
FINE.
BY MR. BUSCH:
22
24
WELL
STRUCTURE.
OKAY.
THINGS
THAT YOU DO?
TO ANALYZE?
THE LENGTH OF THE SECTION
BEFORE
THE
ISN'T IT TRUE THAT YOU
LET ME -- LET ME CLARIFY.
THING THAT I DO ALWAYS
COMPARING
ASKED AND ANSWERED.

SUSTAINED
AS FRAMED.
BY MR. BUSCH:
Q
IS THE RESPECTIVE
LENGTH
OF EACH SIMILAR
SECTION

#:9984
33
SOMETHING
THAT YOU LOOK AT IN COMPARING
SIMILARITY?
AS ONE OF THE THINGS,
OKAY.
SECTIONS
IN FACT,MS.
OF TWO WORKS
SUPPORTING
TWO WORKS
YES.
WILBUR,
THE IDENTICAL
THAT WERE SIMILAR WOULD
OF A FINDING
FOR
OF SIMILARITY;
LENGTH
OF
BE
ISN'T THAT
CORRECT?
MR. MILLER:
THE COURT:
THE COURT:
12
14
AND 8-BAR SECTIONS
15
SIMILAR
TEMPO,
QUESTION
IMPORTANT.
19
BY MR. BUSCH:
22
23
MS. WILBUR,
DECLARATION
LOOKING
ARE COMMON.
SIMILAR
WE'RE
DECLARATION
IN THOSE SECTIONS
YES.
-A
THAT'S
GOING TO GO BACK TO YOUR SWORN
THAT YOU GAVE IN THE BOURNE

507 AT PAGE 13.
THAT YOU GAVE IN THAT CASE.
ARE YOU WITH ME?

A
4-
AND IF THEY HAVE A
GOING TO LINE UP PRETTY
AT TRIAL EXHIBIT
24
25
NO, THAT'S NOT TRUE BECAUSE
AND THAT'S NOT -- IT'S REALLY
OF WHAT'S
18
21
YOU MAY ANSWER.
THEY'RE
PRETTY ACCURATELY.
THE QUESTION?
I DO.
THE WITNESS:
13
20
DO YOU UNDERSTAND
THE WITNESS:
11
17
INCOMPLETE
HYPOTHETICAL.
10
16
OBJECTION.
CASE.
AND I AM
THIS IS YOUR

#:9985
34
1
WOULD YOU PLEASE
PAGE 13 OF TRIAL EXHIBIT
STATED IN NOTING
EACH SECTION
OF, QUOTE,
MR. MILLER:
THE COURT:
WHAT'S
BY MR. BUSCH:
10
507.
IS
UNQUOTE
OF THE TWO SONGS THAT

--
YOUR HONOR, OBJECT
TO READING
--
I AGREE.
THE QUESTION?
DO YOU SEE WHERE YOU NOTED
DECLARATION
43, WHICH
AND DO YOU SEE WHERE YOU
THE SIMILARITIES
OKAY.
TURN TO PARAGRAPH
IN YOUR
THAT --
11
MR. MILLER:
12
THE COURT:
13
MR. MILLER:
ASK HER WHAT PARAGRAPH
14
THE COURT:
HAVE YOU READ PARAGRAPH
15
THE WITNESS:
16
THE COURT:
17
SAME OBJECTION,
YOUR HONOR.
JUST A MINUTE.
I'M JUST READING

ONE MOMENT,
43?
IT.
PLEASE.
(PAUSE IN THE PROCEEDINGS)
18
BY MR. BUSCH:
19
YOU'VE
20
I HAVE.
21
DO YOU SEE WHERE
22
READ PARAGRAPH
THE COURT:
23
CASE, PLEASE,
24
BY MR. BUSCH:
25
OKAY.
43?
JUST POSE YOUR QUESTION
ABOUT THIS
IN LIGHT OF THIS.
IN LIGHT OF THIS PARAGRAPH
MS. WILBUR,
DO

#:9986
35
1
YOU AGREE THAT THE IDENTICAL
RELEVANT
IN COMPARING
TWO WORKS
THIS WAS A VERY DIFFERENT
THE COURT:
OF TWO SECTIONS
IS
FOR SIMILARITY?
CONTEXT.
READ THE QUESTION,
PLEASE.
(RECORD READ)
THE WITNESS:
BY MR. BUSCH:
IN SOME CASES.
THANK YOU.
YOU YOURSELF
HAVE USED THE TERM "MUSICAL
10
FINGERPRINT"
11
I HAVE.
12
AND YOU UNDERSTAND
13
FINGERPRINTS
14
PARLANDO
RAPP SECTION
15
"BLURRED
LINES";
IN OTHER CASES,
HAVE YOU NOT?
THAT ONE OF MS. FINELL'S
THAT SHE'S
IDENTIFIED
MUSICAL
IN THIS CASE IS THE
OF "GOT TO GIVE IT UP" AND
CORRECT?
16
MR. MILLER:
17
THE COURT:
18
MR. MILLER:
19
LENGTH
ARGUMENTATIVE.
NO.
OVERRULED.
YOUR HONOR,
THERE'S
A MOTION
IN
LIMINE ON THIS.
20
THE COURT:
21
MR. MILLER:
THIS FINGERPRINT.
22
THE COURT:
LIMIT YOUR QUESTION
THAT'S
WELL--
23
TESTIMONY
BEEN PROVIDED
24
WITNESS
IS FAMILIAR
25
CONTEND
IT WAS AND THEN BASE
TO THE
BY MS. FINELL,
IF THE
WITH IT, OR ELSE STATE WHAT YOU

ON THAT HYPOTHETICAL,

#:9987
36
1
POSE YOUR QUESTION,
BY MR. BUSCH:
SHE BELIEVES
LINES" AND "GOT TO GIVE IT UP" IS A MUSICAL
FINGERPRINT?
ARE YOU AWARE THAT MS. FINELL HAS TESTIFIED
7
8
PLEASE.
THE RAPP PARLANDO
MR. MILLER:
DON'T BELIEVE
SECTION
OF "BLURRED
SAME OBJECTION,
YOUR HONOR.
-- SHE DIDN'T USE THAT WORD.
MR. BUSCH:
SHE DID, YOUR HONOR.
10
THE COURT:
DO YOU UNDERSTAND
11
THAT
YOU MEAN BY "FINGERPRINT,"
THE -- WHAT DO
MR. BUSCH?
12
MR. BUSCH:
WHAT SHE BELIEVES
13
THE COURT:
NO.
14
MR. BUSCH:
I'M USING IT IN THE SAME WAY THAT
15
MS. FINELL USED IT, WHICH
16
SIMILARITIES
BETWEEN
17
THE COURT:
18
THE WITNESS:
19
IS --
WHAT DO YOU MEAN?
IS TO MEAN
INDICATIVE
OF
THE TWO SONGS.

DO YOU UNDERSTAND
THAT DEFINITION?
RIGHT.
I DO NOT
20
THE COURT:
21
ONE SECOND.
STATE YOUR QUESTION
22
PLEASE.
23
BY MR. BUSCH:
24
25
USED THAT TERM?
MY QUESTION
IN LIGHT OF THAT,
IS, ARE YOU AWARE THAT MS. FINELL HAS

#:9988
37
YES.
OKAY.
DESCRIBE
TO IT; CORRECT?
YES.
AND RAPP MUSIC
WORDS;
CORRECT.
OKAY.
AND YOU AGREE
THAT PARLANDO
A PIECE OF MUSIC THAT HAS AN ASPECT
INVOLVES
SPOKEN RATHER
AND YOU AGREE
THAN SUNG
LINES"
THAT THE RAPP SECTION
"BLURRED
11
CORRECT?
12
I BELIEVE
13
OKAY.
14
WAIT A MINUTE.
15
THINK THAT IS CORRECT.
16
17
INTRODUCTION
18
AROUND"
19
UP" BEGINS AT BAR 73; CORRECT?
20
STARTS AT BAR 73 OF "BLURRED
THAT'S
IN
LINES";
CORRECT.
NO, I'M SORRY.
IT STARTS
-- YES, I
AND YOU AGREE THAT IF WE WERE TO OMIT THE

TO THE PARLANDO,
SECTION,
THERE
THE "UP, DOWN, SHAKE
THAT THE PARLANDO
IS NO PARLANDO
MR. BUSCH:
22
PLAY FOR THE JURY MS. WILBUR'S
23
HER DEPOSITION
SO, NO.
I'D LIKE TO READ, YOUR HONOR,
TRANSCRIPT,
THE COURT:
IN "GOT TO GIVE IT
IN MY ESTIMATION,
21
25
OF SPEECH
IS THAT CORRECT?
10
24
IS USED TO
WHICH
TESTIMONY
AT PAGE 453 OF
LINE 18 TO 21.
DATE, PLEASE?
THIS IS DECEMBER
OR
4; CORRECT?

#:9989
38
MR. BUSCH:
SECOND ONE, DECEMBER
THE COURT:
ANY OBJECTION
4, YOUR
HONOR.
2
3
MR. MILLER:
HANG ON, YOUR HONOR.
I'D OBJECT.
TO THAT BEING READ?
IT'S OUT OF CONTEXT
AND
NON-IMPEACHING.
THE COURT:
JUST A MINUTE.
FOLLOWING
MR. MILLER:
UP ON A PRIOR
DISCUSSION.
10
THE COURT:
JUST A MINUTE.
11
MR. BUSCH:
I CAN GO BACK TO LINE 13, YOUR
THE COURT:
JUST A MINUTE.
12
HONOR.
13
(PAUSE IN THE PROCEEDINGS)
14
THE COURT:
15
16
18
EXCUSE
MR. BUSCH:
OKAY.
THE COURT:
BUT I -- WITHOUT
GOING BACK TO --
JUST A SECOND.
THE QUESTION
21
BRIEFLY.
IS -- LET ME TALK TO YOU
JUST VERY BRIEFLY.

(SIDEBAR)
23
THE COURT:
24
25
THAT
ME.
20
22
REQUIRES
YOU START ON PAGE 452.
17
19
I THINK THE CONTEXT
DISCUSSION
IF WE LOOK AT PAGE 452, THE
THAT STARTS MIDWAY
THROUGH
THE PAGE I THINK

#:9990
39
GIVES THE CONTEXT.
BUT IT IS ALSO USING DISCUSSIONS
THAT HAVE PREVIOUSLY
WHETHER
OCCURRED.
YOU THINK THAT IF YOU START IT ON LINE 19, IT
WOULD WORK EVEN THOUGH
SO THE ISSUE IS,
IT'S NOT GIVING
THE PRECISE
CONTEXT?
MR. MILLER:
THERE'S
NO PARLANDO.
MY POINT IS THIS, SHE SAID

HE'S TRYING
TO IMPEACH
HER THAT
SHE SAID IT'S PARLANDO.
MR. MILLER:
10
11
IT'S NOT ADMITTING
16
WILL WORK BECAUSE

CONTEXT
23
24
25
THATFS
MR. BUSCH:
IT.
THAT'S WHY I SAID
NOT REALLY
STARTING
TELLING
HERE
US WHAT THE
I'M FINE WITH STARTING
IT THERE,
YOUR HONOR.
THE COURT:
JUST A MINUTE.
JUST START HERE.
20
22
REFERENCES
IS.
19
21
I UNDERSTAND.
BUT THE ISSUE IS, WHETHER
17
18
HERE SHE SHORTHAND
"READ IT IN CONTEXT."
14
15
THAT.
--
THE COURT:
12
13
I UNDERSTAND
THE COURT:
LINE 19.
SIMPLER
IT'S NOT A PERFECT
START HERE, PAGE 452,
CONTEXT,
BUT I THINK
IT'S
THAN GOING BACK TWO MORE PAGES.

MR. BUSCH:
OKAY.
(THE FOLLOWING
PROCEEDINGS
OPEN COURT IN THE PRESENCE
WERE HELD IN
OF THE JURY:)

#:9991
40
THE COURT:
ONE MOMENT
MR. BUSCH:
453, LINE 21.
THE COURT:
ALL RIGHT.
LINE 19 THROUGH
BY MR. BUSCH:
LINE 19.
OKAY.
YOU MAY READ PAGE 452,
453, LINE 21.
MR. BUSCH:
PLEASE, MR. BUSCH.
THANK YOU, YOUR HONOR.
I'M GOING TO BEGIN, MS. WILBUR,
AT PAGE 452,
AND I'M GOING TO GO TO --
I DON'T HAVE THAT IN FRONT OF ME.
10
THE COURT:
11
YOU DON'T NEED IT.
YOU MAY READ THE TESTIMONY.
12
MR. BUSCH:
13
THANK YOU, YOUR HONOR.
BEGINNING
AT 452, LINE 19, "QUESTION:
14
WAS GOING BY THE PAGE NUMBERS
15
ANSWER:
16
THE PAGE 3 OF PART ONE OF 'GOT TO GIVE IT UP,' THE
17
COPYRIGHT
18
PARLANDO
19
THAT THIS IS PARLANDO,
20
THERE WERE ALL NOTES WRITTEN
21
WITH HER THAT THE SECTION
22
THE SECTION
23
DO YOU -- WHY DO YOU THINK IT STARTS AT 65 INSTEAD OF
24
73?
25
LINE.
GOT IT.
DEPOSIT.
GOT IT.
OKAY.
AND THIS WOULD BE ON
MS. FINELL HAS IDENTIFIED
PART OF THIS.
ANSWER:
THAT ARE WRITTEN.
AND I DO NOT AGREE WITH HER

NUMBER
STARTS MEASURE
ONE.
OUT.
IF YOU NOTICE,
AND I DON'T AGREE
STARTS AT MEASURE
65.
IT'S INDICATED
QUESTION:
73 BECAUSE
WHY -- WHY
IN THE MUSIC WITH A DOUBLE
THAT'S WHAT A DOUBLE LINE MEANS.
I DON'T SEE

#:9992
41
1
ANY DOUBLE LINE IN 73.
65 BE THE INTRO TO THE PARLANDO?
WHERE YOU HEAR THE BACK-UP
YESTERDAY.
PARLANDO
IF I'M NOT MISTAKEN,
BY MR. BUSCH:
"BLURRED
QUESTION:
BEGIN
LINES"
-- LET ME REPHRASE
IN "BLURRED
LINES,"
CORRECT.
13
AND I UNDERSTAND
14
WHETHER
15
DON'T AGREE WITH THAT.
SANG
DO THE ACTUAL
IS IN 65?
ANSWER:
THE QUESTION.
THE RAPP SECTION
THERE'S A DISAGREEMENT
THERE IS ACTUALLY
A PARLANDO.
THAT IF WE EXCISE
18
THAT STARTS AT BAR 73?
OUT THE INTRODUCTION,
MR. MILLER:
STARTS AT
ABOUT
I UNDERSTAND
BUT WOULD YOU AGREE THAT HAVING
17
YOU
HEARD THAT,
AS YOU SAID,
ASKED AND ANSWERED.
ARGUMENTATIVE.
21
THE COURT:
22
THE WITNESS:
23
THE COURT:
24
THE WITNESS:
25
THAT'S
WOULD YOU AGREE THAT IN BOTH
12
20
YES.
IT'S 73."
BAR 73; CORRECT?
19
ANSWER:
AND THEN WHERE
11
16
WOULD THAT -- WOULD
VOCAL THAT DR. MONSON
IF THE INTRODUCTION
SO, MS. WILBUR,
10
QUESTION:
THE MEASURES
DO YOU UNDERSTAND
THE QUESTION?
I DO.
YOU MAY ANSWER.
I DO NOT AGREE.
FROM THE FIRST MEASURE
IF YOU NUMBERED
OF "BLURRED
LINES"

#:9993
42
INSTEAD
OF THE SECOND ONE, IT WOULD ACTUALLY
74 THAT THE RAPP SECTION
AND THE SECTION
MEASURE
IN MY OPINION,
BY MR. BUSCH:
7
8
OKAY.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
AND THERE
BECAUSE
SECTION
LINES."
STARTS AT
IS NO PARLANDO
SECTION,
IT'S ALL SUNG.
YOU DID TESTIFY
BAR 73 THAT IT BEGAN;
IN "BLURRED
THAT IS THE BREAK
65, NOT 73.
STARTS
BE MEASURE
IN YOUR DEPOSITION
IT WAS
CORRECT?
THE COURT:
SUSTAINED.
MR. BUSCH:
ALL RIGHT.
LET'S MOVE ON, PLEASE.
BY MR. BUSCH:
Q
DOES THE SECTION
PARLANDO
THAT MS. FINELL
AS THE
END AT BAR 88?
I DON'T HAVE IT IN FRONT OF ME.
OKAY.
I -- I DON'T BELIEVE
CAN'T -- THE ANSWER

Q
IDENTIFIES
OKAY.
THE MARVIN
I'D HAVE TO LOOK.
THAT THERE'S
A PARLANDO,
SO I
IS, I DON'T AGREE.
YOU DON'T BELIEVE
THAT THERE IS A SECTION
GAYE SONG THAT HAS AN ASPECT
IN
OF SPEECH TO
IT?
A
THE ASPECT
REPETITION
OF SPEECH THAT YOU'RE
OF A "B" NOTE,
THERE'S
IS THE
IF I'M NOT MISTAKEN.
THERE ARE AT LEAST TWO OTHER SECTIONS

COMES IN WHERE
CLAIMING
A REPEATED
YOU COULD SAY THAT REPEATING
BEFORE
AND
THAT PART
"B" NOTE AS WELL.
THE "B" NOTE AS SUNG
SO

#:9994
43
1
OCCURS
BEFORE
THIS.
AND I WOULD NOT SEPARATE
AS SOMETHING
THAT THE SECTION
PARLANDO
I DO NOT AGREE.
OKAY.
MS. WILBUR.
THAT IS A PARLANDO
MS. WILBUR,
BECAUSE
THIS OUT
IT'S ALL SUNG.
ARE YOU SAYING THAT YOU DO NOT AGREE

THAT MS. FINELL HAS IDENTIFIED
HAS AN ASPECT
AS THE
OF SPEECH TO IT?
I WANT TO PLAY SOMETHING
FOR YOU,
THE COURT:
WHAT EXHIBIT
10
MR. BUSCH:
THIS IS EXHIBIT
11
THE COURT:
IT'S EXHIBIT
12
MR. BUSCH:
I'M GOING TO PLAY NOW THE THIRD
13
AUDIO EXAMPLE
IS THIS, PLEASE?
376, PAGE 37.
376, PAGE 37?
ON PAGE -- ON EXHIBIT
376
14
THE COURT:
WHAT PAGE IS THIS, PLEASE?
15
MR. BUSCH:
PAGE 37, EXHIBIT
16
MUSICAL
EXAMPLE
PRECEDED
BY THE BRIDGE.
17
THE COURT:
JUST A MOMENT,
18
MR. BUSCH:
I'M SORRY,
19
YOUR HONOR.
20
376, THE THIRD
PLEASE.
IT'S PAGE 38, NOT 37,
I APOLOGIZE.
THE COURT:
21
THANK YOU.
(AUDIO PLAYED
22
BY MR. BUSCH:
23
24
GAYE SINGS
25
THE PRECEDING
MS. WILBUR,
IN OPEN COURT)
YOU DO NOT AGREE THAT UP UNTIL MARVIN
"WHEN YOU ARE MOVING

SECTION
YOUR BODY, BABE,"
OF THAT SONG HAS AN ASPECT
THAT
OF

#:9995
44
1
SPEECH
LYRICAL
VERSUS
RHYTHM.
I DID NOT SEE -- IT'S ALL PART OF THE BREAK
SECTION,
SO IT'S -- IT'S ALL PART OF THE BREAK.
10
TO IT; IS THAT CORRECT?

EVERY NOTE
THAT IS CORRECT.
AND YOU DIDN'T
SINGING
WHAT
SEE A DISTINCTION
OF "WHEN YOU'RE
PRECEDED
BETWEEN
MOVING
THE
YOUR BODY"
IT AT ALL; CORRECT?
IT'S PART OF THE SONG.
MS. WILBUR,
IS SUNG.
IT'S SUNG.
YOU ARE TELLING
IT'S GOT
THIS JURY THAT YOU DO
NOT HEAR
THE COURT:
11
12
POSE QUESTIONS.
13
BY MR. BUSCH:
14
15
DISTINCTION
16
BODY" VERSUS
17
ALL;
YOU'RE
EXCUSE ME, MR. BUSCH.
SAYING, MS. WILBUR,

IN THE SINGING
PLEASE
JUST
THAT YOU DO NOT HEAR ANY
OF "WHEN YOU'RE MOVING
WHAT WE HEARD BEFORE?
NO DISTINCTION
YOUR
AT
IS THAT RIGHT?
18
MR. MILLER:
19
THE COURT:
20
THE WITNESS:
21
THE COURT:
22
THE WITNESS:
23
PHRASES
24
THAT'S
25
BY MR. BUSCH:
OBJECTION.
VAGUE,
DO YOU UNDERSTAND
YES.
I MEAN,
YOUR HONOR.
THE QUESTION?
THERE ARE
--
YOU MAY ANSWER.

YES, THERE -- THERE -- THE
ARE SHORTER AND MORE SEPARATE

THE ONLY DIFFERENCE.
BEFOREHAND.
BUT

#:9996
45
Q
THERE WAS NO ASPECT
BEFORE
"WHEN YOU ARE MOVING
"WHEN YOU'RE MOVING
OF SPEECH
IN WHAT YOU HEARD
YOUR BODY, BABE" VERSUS
THE
YOUR BODY" THAT WAS SUNG; IS THAT
RIGHT?
I DID NOT.
IT WAS SUNG WITH RHYTHM,
AND IT'S --
AND THESE ARE SUNG PASSAGES.
8
9
OKAY.
ALL RIGHT.
THAT WE SPOKE ABOUT YESTERDAY

MR. MILLER
"PAINTING"
11
TO AS "WORD PAINTING"?
12
MR. BUSCH:
YOUR HONOR,
18
21
THANK YOU.
BY MR. BUSCH:
Q
IN "GOT TO GIVE IT UP," THERE ARE THE LYRICS
IT UP, TURN IT ROUND,
OOH, SHAKE IT DOWN."
I DO.
IN "BLURRED
LINES,"
THERE ARE THE LYRICS
22
AROUND,
23
YES.
AND IN "GOT TO GIVE IT UP," THOSE LYRICS
24
25
"MOVE
DO YOU SEE THAT?
19
20
I'M GOING TO PUT ON THE BOARD,
376, PAGE 32.
THE COURT:
15
17
-- THAT MS. FINELL REFERS
CORRECT.
13
16
-- YOU SPOKE ABOUT WITH
YESTERDAY.
THE WORD
10
14
I WANT TO NOW MOVE TO SOMETHING
"SHAKE
GET DOWN, GET UP"; CORRECT?
THE SECTION
THAT WE JUST HEARD,
PRECEDE
THAT WE HAVE A

#:9997
46
DISAGREEMENT
ABOUT WHAT TO CALL IT.
THAT SECTION;
CORRECT.
IN "BLURRED
CORRECT?
LINES,"
THE PHRASE
GET DOWN, GET UP"; CORRECT?
CORRECT.
AND THAT LYRICAL
THE RAPP SECTION
8
9
10
11
YES.
OKAY.
APPEAR
IN "BLURRED
DO YOU AGREE
WHAT WE JUST SAW?
13
YES.
14
A BREAK.
OKAY.
17
18
LYRIC
21
22
23
24
25
AND WOULD
COME AFTER
CORRECT?
THAT EACH OF THOSE
SECTIONS
OF EACH SONG?
YOU AGREE THAT, IN BOTH SONGS,
"DOWN" ENDS ON THE DOWN BEAT ON SCALE DEGREE
THE
1 IN
BOTH SONGS?
A
I'D HAVE TO LOOK AT THE MUSIC TO SEE THAT.

DO YOU HAVE THE TRANSCRIPTION?
19
20
LINES";
IN WHAT CAN BE CALLED A "BRIDGE"
16
IS "SHAKE AROUND,
PHRASE OR THOSE PHRASES
12
15
BUT THEY PRECEDE
THE TRANSCRIPTION
TRANSCRIPTION
A
FROM "GOT TO GIVE IT UP" AND THE
FROM "BLURRED
LINES"?
I JUST WANT TO LOOK AT THE DEPOSIT
AND THE "BLURRED

ABOUT THAT.
COpy IS.
LINES"
COPY,
IF I MAY,
SHEET MUSIC SO I CAN BE SURE
SO I HAVE TO FIND OUT WHERE THE DEPOSIT

#:9998
47
Q
EXHIBIT
248 IS THE DEPOSIT
COPY.
I CAN PUT IT ON
THE SCREEN.
OKAY.
ARE YOU WHERE YOU NEED TO BE, MS. WILBUR?
I'M LOOKING.
4
5
IT'S A LITTLE
THE "DOWN"
END OF "4"
FURTHER.
IS A MELISMA.
IN THE PREVIOUS
AND IT STARTS ON THE
BEAT AND ENDS ON THE DOWN
BEAT IN THE NEXT MEASURE.
10
SO THE ANSWER
MR. MILLER:
THE COURT:
12
16
17
18
19
OKAY.
LINES,"
END ON THE DOWN BEAT ON SCALE DEGREE

A
IT DOES IN A COMPLETELY
OKAY.
LYRIC
AND WOULD
YES.
22
OKAY.
DOES THE WORD
"DOWN"
1?
DIFFERENT
WAY.
YOU AGREE THAT, IN BOTH SONGS, THE
"UP" IS THE END OF A STEP-WISE
21
25
YOUR QUESTION.
AND IN "BLURRED
BOTH SONGS?
24
SUSTAINED.
BY MR. BUSCH:
20
23
ARGUMENTATIVE.
RESTATE
13
15
IS, YES, "DOWN" ENDS
ON THE DOWN BEAT; CORRECT?
11
14
TO MY QUESTION
MELODIC
ASCENT
IN
THANK YOU.
I WANT TO GO BACK FOR A MOMENT
WERE SPEAKING
ABOUT
EARLIER,
TO SOMETHING
THE BASS LINE COMPARISON.
YOU SAID THAT THERE WERE TWO DIFFERENT
NOTES
WE

#:9999
48
IN COMPARING
"BLURRED
4
5
6
LINES";
TWO DIFFERENT
CAN YOU PUT THAT BACK UP ON THE SCREEN?
SURE.
NOTES
IT'S 389-2.
IN COMPARING
TRIAL EXHIBIT
CAN YOU ASK THE QUESTION

Q
IN COMPARING
THAT'S
CORRECT.
OKAY.
IF YOU COMPARED
IT UP" DEPOSIT
THE COUNT
THE COURT:
THE WITNESS:
22
25
BARS 5 TO 8 OF "GOT TO GIVE
COpy TO "BLURRED
MR. MILLER:
21
24
IS THAT CORRECT?
LINES" BARS 1 THROUGH
DOWN BAR, ISN'T THERE AN "A" ON
EVERY DOWN BEAT IN BOTH?
20
23
LINES";
4, EXCLUDING
NOTES
BARS 5 TO 8 OF "GOT TO GIVE IT UP" WITH
15
19
AGAIN?
YOU SAID THAT THERE WERE TWO DIFFERENT
"BLURRED
18
389-2.
YES, I CAN.
14
17
5 TO 8 IN --
OKAY.
12
16
NOTES.
IT'S UP ON THE SCREEN, MS. WILBUR.
10
13
THAT?
THERE WERE TWO DIFFERENT
11
DO YOU RECALL
BARS 5 TO 8 OF "GOT TO GIVE IT UP" WITH
YOU'RE
SAYING.
YOU'RE
OBJECTION.
DO YOU UNDERSTAND
YOUR HONOR.
THE QUESTION?
LET ME BE SURE I UNDERSTAND

SAYING
"GOT TO GIVE IT UP," WHICH

BOTTOM GROUPING
VAGUE,
OF STAVES
IN THE DEPOSIT
COpy OF
IS THE TOP LINE OF THE

--
WHAT

#:10000
49
1
MR. BUSCH:
LET ME REPEAT MY QUESTION.
BY MR. BUSCH:
THE "GOT TO GIVE IT UP" DEPOSIT
BARS 1 THROUGH
THERE'S
AND I WILL SHOW YOU WHY.
ACTUALLY
WOULD YOU AGREE
THAT IF YOU COMPARED
4, EXCLUDING
AN "A" ON EVERY
NO, THERE
SOUNDS HERE
TIED, SO IT SOUNDS
11
DOWN BEAT.
LINES"
THE COUNT DOWN BAR, THAT
DOWN BEAT IN BOTH?
THIS NOTE
(INDICATING).
HERE
IS TIED SO IT
AND THIS NOTE IS
(INDICATING).
THAT'S NOT A
THIS IS -THE COURT:
13
STOP THERE.
NEXT QUESTION,
14
BY MR. BUSCH:
15
MY QUESTION
16
COpy TO "BLURRED
IS NOT AN "A" ON EVERY DOWN BEAT IN BOTH.
10
12
BARS 5 TO 8 OF
WHAT
WASN'T,
"IS IT A DOWN BEAT?"
I ASKED WAS, IS THERE AN "A" ON EVERY
17
DOWN BEAT?
18
19
MEASURE.
20
21
IN BARS 1 THROUGH
22
AND "BLURRED
23
WHEN TRANSPOSED
24
OKAY.
25
MUSICOLOGICAL
THERE
IS AN "A" THAT'S
OKAY.
PLEASE.
HELD OVER FROM THE PREVIOUS
AND ISN'T THAT DOWN BEAT
"A" THE SAME PITCH
4 AND 5 TO 8 OF "GOT TO GIVE IT UP"
LINES"
RESPECTIVELY?
TO THE SAME KEY, YES.
AND YOU AGREE THAT TRANSPOSING

TECHNIQUE;
CORRECT?
IS A COMMON

#:10001
50
ABSOLUTELY.
OKAY.
TRANSPOSING
FROM ONE KEY TO ANOTHER;
CORRECT?
TO THE SAME KEY SO YOU CAN COMPARE
SO THE ANSWER
YES.
OKAY.
DEPOSIT
NO.
10
WHY NOT?
A DEPOSIT
12
13
OFFICE
16
COpy IS WHAT YOU PUT INTO THE COPYRIGHT
TO -- THOSE
BAND MEMBERS
IMPROVISE
OR PEOPLE
MR. BUSCH:
25
IN THE STUDIO
SOMETHING
TO
YOUR HONOR,
I MOVE TO STRIKE.
SHE
GAVE A LEGAL OPINION.

THE COURT:
NO.
IT'S RESPONSIVE.
THIS WITNESS
LEGAL ISSUES,
LADIES
IS NOT TESTIFYING
AS TO
AND GENTLEMEN.
SO RESTATE
22
24
THAT YOU'RE
ON.
20
23
ELEMENTS
A LEAD SHEET IS OFTEN USED IN A STUDIO TO GIVE
19
21
PROTECTABLE
COPYRIGHTING.
17
18
THAT THE
COpy IS A LEAD SHEET?
14
15
IS, "YES"?
DO YOU AGREE WITH MS. FINELL
11
THINGS.
-- NEXT QUESTION,
PLEASE.
BY MR. BUSCH:
Q
OKAY.
WOULD YOU AGREE THAT IF THE DOCUMENT
WAS DEPOSITED
IN THE COPYRIGHT
THAT
OFFICE WAS JUST SEEN BY

#:10002
51
1
2
YOU AND YOU DID NOT KNOW WHETHER
IT WAS DEPOSITED
NOT, THAT IT WOULD BE CONSIDERED
A LEAD SHEET BY YOU?
PROBABLY,
THANK YOU.
OR
YES.
MR. BUSCH:
CAN YOU PUT UP THE EXHIBIT
376?
BY MR. BUSCH:
WOULD
YOU PLEASE
-- FIRST OF ALL, MS. WILBUR
THE COURT:
WHAT EXHIBIT
MR. BUSCH:
THIS IS EXHIBIT
10
11
THE COURT:
THANK YOU.
--
ARE YOU SHOWING,
PLEASE?
12
13
14
15
376, SLIDE 2.
BY MR. BUSCH:
Q
WOULD YOU AGREE,
MS. WILBUR,
IT UP," THE BASS AND KEYBOARD
THAT IN "GOT TO GIVE
INTERLOCK
RHYTHMICALLY
AND HARMONICALLY?
MR. MILLER:
OBJECTION.
VAGUE,
YOUR HONOR.
16
THE COURT:
DO YOU UNDERSTAND
THE QUESTION?
17
THE WITNESS:
18
19
YOU'RE
TALKING
ABOUT THE
RECORDING?
MR. BUSCH:
LET ME REPHRASE
THE QUESTION,
YOUR
20
21
22
23
HONOR.
LET'S PLAY -THE COURT:
WHAT ARE YOU PLAYING,
PLEASE?
MR. BUSCH:
I'M GOING TO PAGE 376, SLIDE TWO,
24
25
FIRST, THE EDITED AUDIO
CLIP FROM THE "GOT TO GIVE IT

#:10003
52
UP" RECORDING
OF THE BASS MELODY
BARS 1 THROUGH
AND KEYBOARD
PARTS
8.
(AUDIO PLAYED
IN OPEN COURT)
BY MR. BUSCH:
NOW, THE "BLURRED
LINES"
PARTS, ALSO BARS 1 THROUGH
KEYBOARD
8.
(AUDIO PLAYED
BASS MELODY
IN OPEN COURT)
BY MR. BUSCH:
10
11
12
OKAY.
15
16
17
18
19
20
DEPOSIT
COPY.
DISAGREEMENT
I UNDERSTAND
MY QUESTION
THAT THE PARTIES
HAVE A
TO YOU IS, WOULD YOU AGREE THAT
THE BASS AND KEYBOARD
THAT WE JUST HEARD FROM "GOT TO
GIVE IT UP" INTERLOCK
RHYTHMICALLY
ON THE RECORDING,
THAT.
ALTHOUGH,
MUCH SHORTER
Q
OKAY.
THAN THEY APPEAR

AND WOULD
IN A DIFFERENT
23
BUT THEY DO?
IN THE RECORDED
OKAY.
IN THIS EXHIBIT
IN THE DEPOSIT
LIKE
ARE
COPY.
YOU AGREE THAT IN "BLURRED
THE BASS LINE AND KEYBOARD
22
AND HARMONICALLY?
THEY -- THEY ARE SOMEWHAT
THE BASS NOTES
HARMONICALLY?
25
AND SHE SAYS IS IN THE
ABOUT THAT.
21
24
THESE ARE EDITED AUDIO CLIPS
THAT MS. FINELL HAS PREPARED
13
14
MS. WILBUR,
INTERLOCK
RHYTHMICALLY
LINES,"
AND
WAY.
AND WOULD
VERSIONS
OF BOTH SONGS.
YOU AGREE THAT IN "BLURRED
LINES,"

#:10004
53
THAT THE KEYBOARD
NOTES
COMPLETES
-- LET ME REPHRASE
IN "BLURRED
COMPLETES
SOME OF THE BASS LINE
THE QUESTION.
LINES,"
KEYBOARD
DESCENDING
PARTS INSTEAD
COMPLETING
ITSELF?
SOME OF THE BASS LINE NOTES
MR. MILLER:
THE COURT:
THE WITNESS:
OBJECTION.
11
MR. BUSCH:
OKAY.
14
THROUGHOUT
16
THE COURT:
17
OBJECTION,
THE QUESTION.
AND BASS RUNS
A NEW AREA,
IS THERE -- MOVE TO
PLEASE.
MR. BUSCH:
WOULD YOU PUT UP THE ALBUM CREDITS
20
FOR "GOT TO GIVE IT UP."
21
BY MR. BUSCH:
22
23
CREDITS.
THIS IS EXHIBIT
MR. KING:
YOUR HONOR?
YOUR HONOR.
SUSTAINED.
THIS IS CUMULATIVE.
19
25
I'LL WITHDRAW
"GOT TO GIVE IT UP"?

MR. MILLER:
24
IT, PLEASE.
WOULD YOU AGREE THAT THE KEYBOARD
15
18
THE QUESTION?
NO, I DON'T, ACTUALLY.

RESTATE
13
VAGUE.
DO YOU UNDERSTAND
THE COURT:
BY MR. BUSCH:
IN THE
OF THE BASS LINE ITSELF
10
12
WOULD YOU AGREE THAT THE
500.
AND I WANT TO SHOW YOU THE
CAN HE PLEASE NOT PUBLISH
THAT,

#:10005
54
1
MR. BUSCH:
IT'S AN EXHIBIT
THAT YOUR HONOR
HAS RULED ON
THE COURT:
I UNDERSTAND.
YOU MAY PUBLISH
IT.
MR. BUSCH:
THANK YOU.
THE COURT:
THIS ISN'T IN THIS BOOK.
WAS ONE PAGE AT ISSUE,
MR. MILLER:
THE COURT:
10
A PICTURE
11
COVER.
12
13
WE HAVEN'T
THAT WAS PREVIOUSLY
BUT THE ALBUM
14
I BELIEVE.
SEEN THIS BACK PAGE.
THIS ISN'T IN THE BOOK.
MR. BUSCH:
PUBLISHED
THERE WAS
OF AN ALBUM
THE ALBUM WAS NOT TO BE PLAYED,
--
THE COURT:
EXCUSE ME.
THE ALBUM
COVER WAS
15
THE ONLY ISSUE THAT I THINK I HAVE ADDRESSED.
16
BY MR. BUSCH:
17
18
IT UP" AS PLAYING
DO YOU KNOW IF MARVIN
MR. MILLER:
20
THE COURT:
BY MR. BUSCH:
22
23
DESCENDING
GAYE CREDITED
OBJECTION.
IRRELEVANT.
SUSTAINED.
DO YOU AGREE THAT THE KEYBOARD

MELODY
ON "GOT TO GIVE
THE KEYBOARD?
19
21
THERE
COMPLETES
FOR THE BASS IN "BLURRED
24
MR. MILLER:
25
THE COURT:
OBJECTION.
VAGUE,
THIS IS CUMULATIVE.
THE
LINES"?
YOUR HONOR.

#:10006
55
1
MR. BUSCH:
2
3
ALL RIGHT.
I BELIEVE THAT'S ALL
THAT WE HAVE.
OKAY.
THANK YOU, MS. WILBUR.
THE COURT:
THANK YOU, MR. BUSCH.
ANY REDIRECT?
MR. MILLER:
THE COURT:
YES, YOUR HONOR.

PLEASE PROCEED, MR. MILLER.
REDIRECT
EXAMINATION
BY MR. MILLER:
10
MS. WILBUR, LET ME KNOW WHEN YOU'RE READY WITH THE
11
KEYBOARD.
12
THANK YOU.
13
MR. BUSCH HAS QUESTIONED YOU FOR A COUPLE OF HOURS.
14
NOW I WANT TO GO BACK OVER A FEW LITTLE POINTS FROM
15
YESTERDAY, AND THEN WE'LL TALK ABOUT SOME OF THE MUSIC
16
ISSUES THAT CAME UP TODAY.
17
18
OKAY.
MR. BUSCH:
YOUR HONOR, I OBJECT.
19
THE COURT:
PARDON?
20
MR. BUSCH:
I OBJECT.
21
CUMULATIVE.
CUMULATIVE.
HE SAID
HE'S GOING TO GO BACK OVER THINGS FROM YESTERDAY.
22
THE COURT:
I NEED TO HEAR THE QUESTIONS.
23
BY MR. MILLER:
24
25
RECORDING INTO SHEET MUSIC?
HAVE YOU EVER BEEN HIRED TO TRANSCRIBE A SOUND

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Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 1 of 67 Page ID

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 2 of 67 Page ID

OF DAY FIVE OF TRIAL PROCEEDINGS

ALEXANDER T. JOKO, CSR NO. 12272

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 3 of 67 Page ID

ARE THERE ANY OTHER

WE WERE ABLE TO -- MR. KING AND I

HARD THIS WEEKEND

QUITE A BIT OF LENGTHY

PROFITS AS TO ALL OF THE THICKE

WITH THE EXCEPTION

AND THEN WE HAVE A DISPUTE

FOR THE INTERSCOPE

WHICH WAS SIGNED OFF ABOUT

ABOUT THIS MOTION

WHAT I HAVE READ IN THE HOLLYWOOD

READ THE MOTION.

BRINGS ME TO WHAT YOU SAID BEFORE

DON'T THINK THERE'S

I'VE READ THE MOTION.

THERE WILL BE AN INSTRUCTION

FOR THE RELIEF

YOU ARE RAISING

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 4 of 67 Page ID

BUT WITH THE EXCEPTION

TO THE JURY THAT'S

I USED THE WORDS

AND IT MAY BE MORE APPROPRIATE

JUST TO USE THE

OF ONE ISSUE THAT I'LL

BUT I THINK WHAT THIS DISTILLS

AS TO WHAT THE DEPOSIT

AND I HAVE NOT -- I HAVE HEARD A MOTION

FROM THE THICKE

WHAT THE EXPERT'S

AND I THINK THAT'S

BUT NOT YOUR EXPERT.

HEARD FROM OUTSIDE

THE CORE OF THE OBJECTION

THAT A PARTY HAS A

OF THE JURY FROM THE

THAT -- FOR EXAMPLE,

"GOT TO GIVE IT UP," AND AT ONE POINT MADE -- DEVELOPED

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 5 of 67 Page ID

A VIEW BASED ON LISTENING

IS THE SAME, THE ONE ON WHICH

THE SHEET MUSIC AND THAT MAY BE REFLECTED

AND I'VE INSTRUCTED

FOR THE CROSS-EXAMINATION.

HERE IS THE MUSICAL

THAT ARE SHOWN IN

FROM ONE OF THE

AND I HAVE TOLD THE JURY

WILL ARGUE ABOUT

THIS, AND I'LL

-- GIVE THE FINAL INSTRUCTIONS.

NOW, THERE WAS ALSO AN ISSUE RAISED

WHAT MR. WEINGER

I DON'T KNOW WHAT WE'RE

BUT IF I REFER TO IT AS A "MOTOWN

IN FACT IT ONCE WAS.

AND ITS OWNERSHIP