Case 2:15-cv-03462-RGK-AGR Document 179 Filed 04/20/16 Page 1 of 4 Page ID #:4220

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Peter J. Anderson, Esq., Cal. Bar No. 88891

E-Mail: pja@pjanderson.com
LAW OFFICES OF PETER J. ANDERSON
A Professional Corporation
100 Wilshire Boulevard, Suite 2010
Santa Monica, CA 90401
Tel: (310) 260-6030
Fax: (310) 260-6040
Attorneys for Defendants
JAMES PATRICK PAGE, ROBERT ANTHONY
PLANT, JOHN PAUL JONES, WARNER/CHAPPELL
MUSIC, INC., SUPER HYPE PUBLISHING, INC.,
ATLANTIC RECORDING CORP., RHINO
ENTERTAINMENT COMPANY and WARNER
MUSIC GROUP CORP.
Helene Freeman, Esq., admitted pro hac vice
E-Mail: hfreeman@phillipsnizer.com
PHILIPS NIZER LLP
666 Fifth Avenue
New York, NY 10103-0084
Tel: (212) 977-9700
Fax: (212) 262-5152
Attorneys for Defendants
JAMES PATRICK PAGE, ROBERT ANTHONY
PLANT and JOHN PAUL JONES

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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MICHAEL SKIDMORE, etc.,

Plaintiff,

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vs.
LED ZEPPELIN, et al.,
Defendants.

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Case No. 2:15-cv-03462 RGK (AGRx)

DEFENDANTS SHORT
NARRATIVE STATEMENT RE
EXPERTS
Pretrial:
Date: April 25, 2016
Time: 9:00 a.m.
Trial:
Date: May 10, 2016
Time: 9:00 a.m.
Courtroom of the Honorable
R. Gary Klausner
United States District Judge

Case 2:15-cv-03462-RGK-AGR Document 179 Filed 04/20/16 Page 2 of 4 Page ID #:4221

SHORT NARRATIVE STATEMENT RE EXPERTS

Pursuant to the Courts Order for Jury Trial, defendants James Patrick Page,

Robert Anthony Plant, Warner/Chappell Music, Inc., Atlantic Recording

Corporation and Rhino Entertainment Company respectfully submit this short

narrative statement of the qualifications of their designated expert witnesses and the

testimony expected to be elicited at trial.

Dr. Lawrence Ferrara

Dr. Lawrence Ferrara is a pianist, a music theorist and a Full Professor of

Music and the Director Emeritus of all studies in Music and the Performing Arts in

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New York Universitys Steinhardt School. He has written and co-written published

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books and articles (in peer reviewed journals) regarding music analysis,

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methodologies in music research, and other scholarly areas related to music, and sits

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on editorial boards of peer-reviewed journals.

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musicologist and has provided analyses and opinions in connection with music

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copyright issues for more than twenty years. He was the expert musicologist for the

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defendants in, for example, Newton v. Diamond, 204 F. Supp. 2d 1244, 1249 (C.D.

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Cal. 2002), affd 388 F.3d 1189, cert. denied 545 U.S. 1114 (2005) and, more

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recently, Fahmy v. Jay Z, No. 07CV05715-CAS-PJWx, 2015 WL 5680299, at *13-

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14 (C.D. Cal. Sept. 24, 2015).

He is a nationally-renowned

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Dr. Ferrara is expected to testify as to his comparative musicological analysis

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of the musical compositions Taurus and Stairway to Heaven. His testimony is

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expected to include that there are no musicologically significant or substantial

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similarities between the musical compositions, including no significant or

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substantial structural, harmonic, rhythmic or melodic similarities in the

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compositions or in the compositions as a whole. His testimony is expected to

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include that the recording of his performance on piano of the 1967 Taurus

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transcription defendants obtained from the Copyright Office is a true and correct

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performance of that musical composition as transcribed in that transcription. His

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Case 2:15-cv-03462-RGK-AGR Document 179 Filed 04/20/16 Page 3 of 4 Page ID #:4222

testimony is expected to include prior art and the commonness of material or

elements in the compositions. He is also expected to testify as to the quantitative

and qualitative value of the similarities between the two compositions.

expected to rebut testimony, if any, offered by plaintiff, including as to the

foregoing issues.

He is

Robert Mathes

Robert Mathes is a professional arranger/composer, music producer/director,

musician and singer/songwriter with over thirty years experience in the music

industry. After studying at the Berklee College of Music, where he majored in

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guitar and composition, in 1984 he became the guitarist for jazz musician Chuck

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Mangione and has since played on hundreds of recordings, including recordings he

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produced, for a wide variety of artists. He has written arrangements and produced

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music for artists running the stylistic gamut from Bruce Springsteen to Cellist Yo

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Yo Ma, and including, for example, Sting, Luciano Pavarotti, Renee Fleming,

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Vanessa Williams, Lou Reed, Beck, Aretha Franklin, Elton John, Rod Stewart, Jay

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Z and Tony Bennett. He has served as the musical director of the Songwriters Hall

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of Fame Awards for the past fifteen years, served as the musical director of the

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Kennedy Center Honors show for twelve years, including serving as the musical

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director of the performance by Heart of Mr. Mathes arrangement of the musical

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composition Stairway to Heaven at the 2012 Kennedy Center Honors, a show for

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which he received an Emmy Award, and served as the musical director for the

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Obama Inauguration Concert at the Lincoln Memorial.

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Mr. Mathes is expected to testify as to the alleged and actual similarities

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between the musical composition Taurus and the Stairway to Heaven composition

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and sound recordings, including the extent of those similarities and the differences

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between the compositions, the value or importance of the similar elements and of

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the differences, prior art and practical considerations that lead to similarities,

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including those relating to the guitar as an instrument. His testimony is expected to

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Case 2:15-cv-03462-RGK-AGR Document 179 Filed 04/20/16 Page 4 of 4 Page ID #:4223

include that similarities are limited to commonplace elements, that the works are

different in material respects and that the appeal of Stairway to Heaven sound

recordings is attributable to factors or elements other than the elements in common,

such as other compositional elements, performance and other elements in the

Stairway to Heaven sound recordings (for example, the lyrics, the performances of

the members of Led Zeppelin and the production of the recordings) and the

popularity of Led Zeppelin, including in the context of the groups larger body of

work.

performance on guitar of the 1967 Taurus transcription defendants obtained from

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the Copyright Office is a true and correct performance of that musical composition

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as transcribed in that transcription. His testimony is expected to include the effect

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on his work as a composer, arranger and performer, and the creation of popular

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music, if common musical conventions and variations on them could be

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monopolized.

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including as to the foregoing issues.

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Dated: April 20, 2016

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His testimony also is expected to include that the recording of his

He is expected to rebut testimony, if any, offered by plaintiff,

/s/ Peter J. Anderson

Peter J. Anderson, Esq.
LAW OFFICES OF PETER J. ANDERSON
A Professional Corporation
Attorney for Defendants
JAMES PATRICK PAGE, ROBERT
ANTHONY PLANT, JOHN PAUL JONES,
WARNER/CHAPPELL MUSIC, INC.,
SUPER HYPE PUBLISHING, INC.,
ATLANTIC RECORDING CORP., RHINO
ENTERTAINMENT COMPANY and
WARNER MUSIC GROUP CORP.
Helene M. Freeman, Esq.
PHILLIPS NIZER LLP
Attorney for Defendants
JAMES PATRICK PAGE,
ROBERT ANTHONY PLANT and
JOHN PAUL JONES

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