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#:9940
HIBIT I
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
LOS ANGELES,
TUESDAY,
MARCH
CALIFORNIA
3, 2015, MORNING
SESSION
MR. BUSCH:
ISSUES?
WORKED
TO REACH,
ALTHOUGH
PROFITS.
SO WE CAN AVOID
TESTIMONY
BY THE FINANCIAL
NOT COMPLETELY,
IN LARGE PART,
A FINANCIAL
STIPULATION
ON
THE COURT:
PROFITS AS TO WHAT?
MR. BUSCH:
RELATED
PARTIES
10
WHICH
11
ABOUT WHETHER
12
FIXED EXPENSE.
STILL IS OUTSTANDING.
OVERHEAD
OF TOURING
CAN BE DEDUCTED
OR NOT AS A
13
THE COURT:
FOR WHICH?
14
MR. BUSCH:
15
THE COURT:
GOOD JOB.
16
MR. KING:
17
PARTY.
THANK YOU.
18
MORNING,
19
20
21
22
WHICH
INCOME,
12:30 THIS
THE COURT:
23
24
SOUGHT.
25
AS I UNDERSTAND
WELL,
RELIEF.
REPORTER,
THAT
OTHER THAN
I HAVEN'T
A SUBSTANTIAL
BASIS
-- ESSENTIALLY,
SEVERAL
ISSUES.
ASK ABOUT,
I DON'T THINK
3
THE INSTRUCTION
GIVEN,
MUSIC."
WORD
MODIFY
17.0, BECAUSE
I BELIEVE
THE LANGUAGE
PREVIOUSLY
IN
BEEN
"SHEET
"MUSIC."
10
I'M PERSUADED.
I MAY, ULTIMATELY,
DISAGREE
IN TERMS OF MUSICAL
11
TO IS,
COpy
ELEMENTS.
12
13
THEREFORE,
14
SIDE TO CROSS-EXAMINE
15
16
COPY.
17
THAT'S
BEEN RAISED.
18
PARTIES,
I DON'T THINK
IT'S INAPPROPRIATE
THE OTHER'S
OPINION
IS CONFORMS
PERSON -- A WITNESS,
20
21
QUINCY
FOR EACH
AS TO WHETHER
TO THE DEPOSIT
TO THE EXTENT
19
EXPERT
AND,
FOR EXAMPLE
THE PRESENCE
-- THE WITNESS
WHOM WE
JONES WITNESS?
22
MR. BUSCH:
MS. STERN.
23
THE COURT:
TO THE EXTENT
HAS LISTENED
24
A WITNESS
TO THE COMMERCIAL
VERSION
OF
25
APPROPRIATE
MATTERS
RECORDING.
JURORS RELATED
REPEATEDLY
11
INSTRUCT
ELEMENTS
WHAT
ON THAT.
TO THIS.
THAT COUNSEL
12
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
ORIGINALLY
CAME OUT ON
THE COURT:
QUESTIONS
PARTIES
MOTOWN/UNIVERSAL,
SAME.
24
THE THICKE
IS THAT RELEVANT?
18
ABOUT.
ABOUT
ABOUT MOTOWN
TO WHAT
17
25
I HAVE RULED.
10
IT MAY BE
8
9
TO THAT, AGAIN,
THEIR MOTION
BUT I HAVEN'T
ASSERTS
READ
THAT THE
OWNERSHIP
YEAH.
I MEAN,
SOME CASES,
SUBMITTED
BE.
EDITED
PORTION
AND WHAT
IS THE REASON
THAT EDITED
CLIPS ARE
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
20
21
LICENSE
22
THE COURT:
BY MR. BUSCH:
25
VAGUE AND
IN LIGHT
OF "BLURRED
LINES" WOULD
LINES"
SOUGHT A
RELEASE?
I BELIEVE
24
SOUGHT
AND SPECULATIVE.
YES.
OF
LINES"
16
BEFORE
ABOUT WHAT
OF "BLURRED
THE RELEASE
MR. KING:
THE
BEFORE
OF THIS MATERIAL,
13
"BLURRED
23
BUT IN
YES.
10
14
"YES."
HAVE BEEN?
50 PERCENT.
OKAY.
BASED ON REVIEWING
A-B'ING
6
7
LINES."
RUNS THROUGHOUT
MR. KING:
MOTION
THE COURT:
10
DETERMINING
11
WHICH
12
BY MR. BUSCH:
"BLURRED
LINES"
THE RESPONSE
WAS.
DETERMINATION?
15
YES.
16
17
WOULD
18
FOLLOWING
FROM
THAT'S AN ISSUE ON
OF THE MUSIC,
THAT'S
OF "BLURRED
IT CAN BE ANYWHERE
-- I MEAN,
21
INVOLVED,
IT CAN GO ANYWHERE
22
PERCENT.
23
YOUR
DEALING
WHERE
AS TO
MAY OPINE.
20
25
AND DETERMINING
TO STRIKE.
STRIKE
14
24
"GOT
19
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
THAT'S
BEEN REACHED.
BY MR. BUSCH:
CERTAIN
YES.
OKAY.
RECONCILE
FINANCIAL
EXPERTS
CERTAIN
10
YOU'RE
11
TO
OF THEIR FINDINGS?
YOUR HONOR,
WE HAVE STIPULATION
TO IT.
THE COURT:
13
MR. KING:
12
PARTIES
I UNDERSTAND.
IT?
14
MR. BUSCH:
YES.
15
THE COURT:
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
24
25
WHAT LAWYERS
INSTRUCTED
AGREEMENT
"STIPULATION."
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
ON THIS STIPULATION,
WHICH WE
THIS IS ENTITLED
13
CALLED A
IS EVIDENCE.
AND I APPRECIATE
BECAUSE
BUT I ALSO
A STIPULATION
THAT, IN GENERAL,
"STIPULATION
YOU'LL
OF FACTS
DELIBERATIONS.
16
"SUBJECT
17
IN SUBPARAGRAPHS
18
'BLURRED LINES'
19
TO THE DISPUTED
20
21
$4,253,645,
AND PUBLISHING
$5,153,457
24
ROYALTIES
25
$4,293,124.
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
$5,658,214
CONSISTING
AND PUBLISHING
WITH
OF PRODUCER
REVENUE
OF
C, MR. HARRIS
OF THE TOTAL
ROYALTIES
IS CREDITED
PROFIT CONSISTING
AND PUBLISHING
OF $25,412
REVENUE
$704,774
OF ARTIST
OF $679,362.
WITH
WITH $1,343,674
E, UMGD IS CREDITED
TOTAL
WITH
OF THE
PROFIT.
$217,159
WITH $3,598,412
10
TWO, SUBJECT
TO THE DISPUTED
11
FORTH IN SUBPARAGRAPH
5-C BELOW,
12
AFTER WAR'
13
OF $561,457
14
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
20
PARAGRAPH
OF INTERSCOPE
FROM TOTAL
NUMBER
21
SET
FOR 'LOVE
OF ARTIST
DISPUTE,
ISSUES
ROYALTIES
REVENUE
MAINTAIN,
EXPENSES
TO
AND THE
OF
PROFITS
AND
SET FORTH
IN
ONE ABOVE.
B, ROBIN"
22
(SIDEBAR)
23
THE COURT:
24
REVENUE,
25
THIS MORNING,
HERE'S MY QUESTION:
THE TOURING
MR. KING:
THE TOURING
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:)
THREE.
10
PARAGRAPH
11
MAINTAIN,
12
EXPENSES
13
NOT BE DEDUCTED
14
15
FORTH IN PARAGRAPH
THREE,
16
PARTIES
DISPUTE,
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
19
PROFITS
20
C, OVERHEAD
21
22
AFTER WAR.'"
23
MR. BUSCH:
24
25
THE COURT:
IN THE PROFITS
NUMBER
EXPENSES
FROM UMGD'S
OF
ONE ABOVE.
OF $196,234
PROFITS
OF UMGD
FOR 'LOVE
OKAY.
OKAY.
THAT STIPULATION,
YES.
OKAY.
THE AMOUNTS
SUBTRACTS
MR. WILLIAMS
LAWYERS
WHICH
IS PUBLISHING
CERTAIN
-- DO YOU UNDERSTAND
IN THE PUBLISHING
PROFESSIONAL
THAT
REVENUE
PAID TO ACCOUNTANTS
AND
YES.
MY UNDERSTANDING
IS THE AMOUNT
IN THE
10
STIPULATION
11
12
PERCENT
13
LINES" WITHOUT
14
SUBTRACTED?
15
16
OKAY.
17
AMOUNT
18
"BLURRED
19
SUBTRACTED?
20
21
MILLION.
22
23
AGO ABOUT,
24
IF THE WRITERS
25
OKAY.
OF THE PUBLISHING
THOSE PROFESSIONAL
OKAY.
FEES BEING
YES.
OF -- WHAT
OF THE PUBLISHING
LINES" WITHOUT
FROM MEMORY,
-- 100
WAS ON "BLURRED
OF 100 PERCENT
WELL,
REVENUE
FEES.
REVENUE
THOSE PROFESSIONAL
IT'S A LITTLE
OF "BLURRED
FOR
FEES BEING
BIT OVER $8
IS THE
IF "BLURRED
LINES" ATTEMPTED
A MOMENT
EXHIBIT
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
LOS ANGELES,
WEDNESDAY,
MARCH
CALIFORNIA
4, 2015, MORNING
SESSION
ALL EIGHT
MS. WILBUR,
THE WITNESS:
THE COURT:
YOUR
SANDRA WILBUR.
DO YOU UNDERSTAND
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
DO.
IN POPULAR
MS. WILBUR,
(CONTINUED)
MR. MILLER
DO YOU RECALL
A
PROCEED.
MR. BUSCH:
24
PLEASE
MS. WILBUR.
FOR A KEYBOARD
19
25
NAME.
THAT?
OKAY.
LEAD SHEET;
OKAY.
CORRECT?
NOW, PLEASE
COPY.
YEP.
10
IT DOES.
11
OKAY.
12
13
CHORD?
14
15
THANK YOU.
17
ALL RIGHT.
16
DEPOSIT
NOW,
18
THIS IS EXHIBIT
19
BY MR. BUSCH:
20
21
22
CORRECT?
23
CORRECT.
24
25
248.
YESTERDAY,
IS NOT NOTATED
WAS IT NOT,
THAT IS INDICATING
MR. BUSCH:
2
3
THE COURT:
BY MR. BUSCH:
YOUR INTERPRETATION
MOTION
THE
DENIED.
I ADDED
OF
-- YES.
BY A PIANO; CORRECT?
MR. MILLER:
"DEPOSIT
A RECORDING
IN YOUR INTERPRETATION
11
12
LAST HALF --
10
OBJECT
TO FORM.
"LEAD SHEET."
COPY."
THE COURT:
13
YOU'RE
SPECIFY
14
REFERRING.
REFERRING
15
OFFICE?
16
MR. BUSCH:
YES.
17
THE COURT:
EXHIBIT
18
MR. BUSCH:
YES.
19
THE COURT:
RESTATE
248?
YOUR QUESTION
AND JUST
20
21
BY MR. BUSCH:
22
23
24
YES.
25
IN YOUR INTERPRETATION
OF THE DEPOSIT
BY A PIANO; CORRECT?
CORRECT?
YES.
CORRECT?
YES.
WAY TO DISCUSS
YES.
THE LOCATION
OF A BAR;
"DOWN BEAT"
IS A
OF A PITCH; CORRECT?
YOU
10
11
12
CORRECT.
13
14
INCLUSION
15
IT WAS A CHOICE,
16
OKAY.
17
A DIRECTION
18
PARTICULAR
19
248; CORRECT?
20
ABSOLUTELY
21
OKAY.
22
23
CREATED?
24
25
AND YESTERDAY
YOU TESTIFIED
WHAT
248; CORRECT?
RELATED
THAT THERE'S
NOT
NOTES OR ANY
IN EXHIBIT
CORRECT.
PITCHES
TO IT AGAIN,
I BELIEVE
OKAY.
"A7" CHORD
SO.
AGAIN,
I'M ASKING
THAT
WHAT
I DON'T RECALL
10
IN YOUR VERSION
11
12
I DON'T RECALL.
13
14
DURATION
15
IN EXHIBIT
16
IT'S NOT.
17
OKAY.
18
IN EXHIBIT
19
20
OKAY.
21
22
23
OKAY.
24
YES.
25
IF
DID
OF "GOT TO GIVE
THAT THE
IS NOT REFLECTED
248, IS IT?
WHAT
IS THE LONGEST
DURATION
OF ANY NOTE IN
IN YOUR VERSION
WAS IT?
IT WASN'T.
OKAY.
"A7" CHORD
OKAY.
EXHIBIT
IT WASN'T
PLEASE,
INDICATED
MS. WILBUR,
IN YOUR VERSION
WOULD
248?
10
NO.
11
12
PLAYED
13
SIMPLE VOICINGS,
14
OKAY.
15
CREATED
16
STOPPED
PLAYING
17
FROM "A7"?
18
BECAUSE
19
OKAY.
20
SIMILE"
21
IT DOES.
22
23
24
25
OKAY.
IN YOUR RECORDING?
YES.
TO YOUR VERSION
OF WHAT YOU
CHANGED
MEANS
"CONTINUE
IN SIMILAR
THAT "BASS
FASHION"?
IN EXHIBIT
MEASURES
248.
2
3
YES.
ACTUALLY,
OKAY.
"BASE SIMILE"
YOU STOPPED
IN
PLAYING
EVEN THOUGH
"CONTINUE
IN A SIMILAR
FASHION,"
10
CHANGED;
CORRECT?
11
CORRECT.
12
OKAY.
13
14
OKAY.
MR. BUSCH:
15
16
BY MR. BUSCH:
17
18
389-2, WHICH
19
MR. MILLER
IS A DOCUMENT
21
YES.
22
OKAY.
20_
389-2.
THAT?
23
24
YES.
25
CORRECT?
IT'S WHAT'S
OKAY.
IN THE DEPOSIT
COPY, YES.
CORRECT.
CORRECT?
CORRECT.
AND THOSE
10
THROUGHOUT
"BLURRED
LINES";
11
THEY DO.
12
13
14
15
16
OKAY.
17
CORRECT?
18
CORRECT.
19
OKAY.
CORRECT?
REGARDING
20
YELLOW;
21
THEY ARE.
22
NOW,
23
IN THE "BLURRED
24
CORRECT.
25
IN
CORRECT?
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
LOCATION;
CORRECT?
OKAY.
PLAYED.
BOTTOM,
BEAT.
ACTUALLY,
THAT'S
IT'S PLAYED
AND IN THE
10
SO YOU DISAGREE
11
12
I DISAGREE
13
14
15
THE COURT:
16
MR. MILLER:
17
THE COURT:
18
THAT,
EXCUSE ME.
ARGUMENTATIVE.
CORRECT.
19
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.
THAT I WANT TO
CLEAR UP.
WOULD YOU AGREE WITH ME THAT,
IN THE SECOND
YES.
THANK YOU.
NOW, THAT "A" IN THE DOWN BEAT OF BAR TWO OF
YES.
9
10
BY MR. MILLER,
11
OKAY.
12
NOW,
IT DOESN'T
YOUR EXAMINATION
THAT "A#"
DID YOU?
SOUND.
13
THREE NOTES;
CORRECT?
14
CORRECT.
15
16
CORRECT?
17
INDICATED,
18
CORRECT?
19
YES.
20
21
22
YES.
NO, I'M SORRY.
23
YES.
24
25
YES.
ASKING.
EXAMINATION
BY MR. MILLER,
I'M
THE COURT:
5
6
THAT YESTERDAY
DID YOU?
RESTATE
THE QUESTION,
YES.
EXAMINATION
ANSWERED.
DID YOU?
OBJECTION,
THE WITNESS:
15
16
PLAYED.
17
BY MR. BUSCH:
Q
OKAY.
20
CORRECT.
AND THOSE
CORRECT.
23
24
EXAMINATION
25
BASS LINES
22
ASKED AND
OVERRULED.
19
21
YOUR HONOR.
14
18
IN THE
13
BY MR. MILLER,
MR. MILLER:
11
12
PLEASE.
10
THE QUESTION.
BY MR. BUSCH:
IN YOUR
IS AN "A"; CORRECT?
"A'S"
BY MR. MILLER,
CORRECT?
DID YOU?
I'VE STATED
BEFORE.
IN YOUR
3
4
5
OKAY.
THE HIGHEST
I BELIEVE
OKAY.
PITCH OF THE
THAT IS CORRECT.
IS A "D"; CORRECT?
THAT'S A "B."
LINES"
LINES"
TRANSCRIPTION;
IN A DIFFERENT
PLACE.
CORRECT?
10
11
MOMENT
AGO WHERE
12
13
14
15
OKAY.
MS. WILBUR,
16
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
SO IT'S -- THAT'S
MR. BUSCH:
I MOVE TO STRIKE,
YOUR HONOR, AS
NONRESPONSIVE.
THE COURT:
PLEASE.
(RECORD READ)
THE COURT:
DO YOU UNDERSTAND
THE QUESTION?
THE WITNESS:
THE COURT:
THE WITNESS:
BY MR. BUSCH:
6
7
I BELIEVE
YES.
YOU MAY ANSWER.
YES.
I WAS TALKING
LINES"
"D"; CORRECT?
THAT'S
10
11
IT'S A "B"?
12
IN BOTH?
13
IN
14
OKAY.
15
16
"D."
17
OKAY.
INCORRECT.
IT'S A "B."
IN BOTH.
CORRECT.
AS CLEAR AS WE CAN.
18
THAT IS A
PITCH OF THE
19
20
21
YES.
22
23
24
CORRECT.
25
THE
CORRECT?
CORRECT?
YES, IN A DIFFERENT
OKAY.
LOCATION.
ALL RIGHT.
YESTERDAY,
MS. WILBUR,
I BELIEVE
CORRECT.
ENTIRETY
11
CORRECT.
12
AND I BELIEVE
13
DIDN'T
14
VERSION
15
16
CORRECT.
17
18
19
TRUE?
20
YES.
21
22
23
UP"
25
OF YOUR VERSION;
INCLUDE
YOU TESTIFIED
OF "GOT TO GIVE IT
10
24
248;
CORRECT?
YOU MENTIONED
OF YOUR
LET ME REPHRASE
YOU
THE
MS. WILBUR,
THE QUESTION.
MS. WILBUR,
OF "GOT TO
YOU BELIEVED
IN COMBINATION
UP"; CORRECT?
YES.
CORRECT?
CORRECT.
THERE'S
SHEET WHICH
WITH CERTAIN
NOTHING
WITHIN
CHORDS
IN "GOT TO GIVE IT
OF YOUR MUSICAL
TRAINING;
OF THE LEAD
10
THROUGHOUT
THE ENTIRETY
11
THAT'S
12
INSTEAD,
13
14
WITH WHAT
15
16
17
MOMENT
18
WHICH ONE?
19
20
CORRECT.
IN ORDER TO DECIDE
IS ACTUALLY
YOUR KNOWLEDGE
WRITTEN
AS A MUSICIAN
AGO.
21
22
MOMENT
AGO?
23
I DO.
24
OKAY.
25
MS. WILBUR,
I DO.
CORRECT?
THE "4"
IN THE PREVIOUS
BAR THROUGH
OKAY.
MR. BUSCH:
8
9
383-2.
10
BY MR. BUSCH:
11
12
YESTERDAY.
THIS IS ANOTHER
DO YOU RECALL
13
SHOWED
THAT?
DO.
14
15
YOU CREATED
16
I DID.
17
18
HIGHLIGHTED
19
CORRECT?
20
THAT'S
21
22
DOCUMENT,
23
COMPARED
24
25
ONE NOTE
IS THAT
CORRECT.
THE SIGNATURE
TO "BLURRED
CORRECT.
PHRASE
LINES"
FROM DEPOSIT
SIGNATURE
COpy
PHRASE.
THAT'S
CORRECT?
OKAY.
IT UP" DEPOSIT
FOLLOWED
YES.
5
6
7
8
9
BY AN "F SHARP,
OKAY.
IN BOTH COMPOSITIONS,
8TH" NOTES,
IS AN "A"; CORRECT?
11
CORRECT.
13
14
15
16
"BLURRED
A
"BLURRED"
Q
8TH" NOTE;
IMMEDIATELY
A, 8TH" NOTES
-- IT'S FOLLOWED
FOLLOWING
NOTE
IN
BAR OF "BLURRED
LINES"
ARE FOLLOWED
IN THE FIRST
BY AN "A" NOTE;
CORRECT?
20
22
CORRECT?
19
21
CORRECT.
BY A SUSTAINED
23
NOTE; CORRECT?
24
CORRECT.
25
AN
LOCATION.
THERE'S
THERE'S
17
18
BY AN "F SHARP,
10
12
8TH" NOTE?
"B"
"B"
PITCH,
CORRECT?
CORRECT.
AND AFTER
IN BOTH
"BLURRED
"E"
6
7
8
9
10
11
12
13
14
15
16
17
PITCH;
CORRECT.
OKAY.
YES.
AND STARTING
SIX STRUCK
PITCHES
OKAY.
DIFFERENT
PLACES.
CORRECT?
A
ORDER.
19
THEY'RE
20
RIGHT.
22
IS AT
CORRECT?
18
21
BOTH PLAY AN
CORRECT?
"BLURRED
LINES"
CORRECT?
24
YES.
25
OKAY.
23
THEY'RE
THEREAFTER
NO.
NO, BECAUSE
"BLURRED"
FOLLOWED
BY THE "E."
ON THE BOTTOM,
E."
SO THERE'S
SO I AM CORRECT?
YES.
OKAY.
TWICE IN
AN EXTRA NOTE
I'M SORRY.
IN THERE.
I'M SORRY,
YES.
BEGIN
10
CONTINUE
11
CORRECT.
12
AND WOULD
13
COMPOSITIONS
14
THEY DO.
15
AM I CORRECT
16
17
YES.
18
19
MELISMA
20
IN DIFFERENT
21
22
"BLURRED
23
IN A DIFFERENT
RHYTHM
24
TO MY QUESTION
25
YES.
BAR OF BOTH
A MELISMA?
IN "GOT TO GIVE IT
BUT, YES.
OF THE MELISMA
OF
OF THE
OKAY.
2
3
"BLURRED
LINES";
CORRECT.
OKAY.
IN THE MELISMA
363-2.
BY MR. BUSCH:
10
I AM.
11
OKAY.
12
13
I DO.
15
"BLURRED
16
DO YOU RECOGNIZE
LINES"?
I THINK
18
OKAY.
LINES" APPEAR
SIX TIMES.
"BLURRED
21
I BELIEVE
22
OKAY.
23
WITH A REPEAT
OF THE CHORUS.
WELL, LOOKING
AT THE LYRICS,
25
IN
LOOK HERE.
20
24
LINES"?
17
19
OF
14
IN THE MELISMA
CORRECT?
MR. BUSCH:
PITCHES
IN "BLURRED
LINES"?
THREE TIMES.
MS. WILBUR,
YOU'LL
SEE
THREE TIMES.
RIGHT.
CHORUS?
AND IT REPEATS
IT DOES.
THERE.
11
GIRL"
12
CORRECT.
13
OKAY.
14
MELODY
15
PROGRESSION
16
SIMILARITIES
17
I COMPLETELY
18
OKAY.
19
20
PLAYING
21
SHOW SIMILARITY;
22
I BELIEVE
23
OKAY.
24
25
LINES";
A THIRD CHORUS?
10
IN "BLURRED
A SECOND
REFERENCES
TO "GOOD
CORRECT?
DO YOU BELIEVE,
MS. WILBUR,
THAT IF THE
THE SONGS?
DISAGREE
WITH THAT.
OVERLAY
THAT SHOWS
OF ANYONE
OR MASH-UPS
YOU TESTIFIED
THAT
TO
CORRECT?
I DON'T RECALL.
ABOUT
DID THAT IN
IN THE PAST?
OKAY.
I WOULD
MS. WILBUR,
TO THE AFFIDAVIT
THE COURT:
1721?
MR. BUSCH:
TO WHAT EXHIBIT
I'M PULLING
APOLOGIZE.
OKAY.
BY MR. BUSCH:
507.
10
BOURNE
DECLARATION
11
BOURNE
12
AFFIDAVIT?
13
CORRECT.
14
OKAY.
15
THAT WE DISCUSSED
I'M REFERENCING
THE COURT:
YESTERDAY.
IN AND GAVE AN
NOW PARAGRAPH
45.
15.
16
BY MR. BUSCH:
17
18
YOU'RE
19
YES.
20
TALKING
ABOUT
21
"INDEED,
EXCEPT
22
SECTION
OF JEW"
23
THAT'S
24
25
VERSA."
THE
45?
FOR MEASURES
21 AND 22 IN THE
'B'
1
A
YES.
BUT I NEVER
DID A MASH-UP.
MASH-UP.
OKAY.
6
7
PENDING.
BY MR. BUSCH:
11
12
CORRECT?
14
MR. MILLER:
THE COURT:
16
YESTERDAY,
OBJECTION.
IT'S CUMULATIVE.
MS. WILBUR,
ABOUT MUSICAL
20
CORRECT.
22
FRANK SINATRA
ARRANGEMENTS;
THAT,
OR THE ROLLING
23
VERSION
24
YES.
25
IN YOUR DECLARATION;
SUSTAINED.
BY MR. BUSCH:
19
21
PLEASE.
YES.
15
18
NO QUESTION
BY MR. BUSCH:
13
17
THAT --
THE COURT:
10
NEVER DID A
YOU REMEMBER
TESTIFYING
CORRECT?
I BELIEVE,
TONY BENNETT
OR
OF "GOT
1
2
3
YES.
NOW, A VERSION
ROLLING
STONES OR A VERSION
TONY BENNETT
MIGHT
YES.
CORRECT?
WOULD BE RECOGNIZABLE
STONES AND/OR
AS "GOT TO
10
11
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
CORRECT?
20
23
THE ROLLING
MR. MILLER:
22
THE QUESTION?
BY MR. BUSCH:
19
21
INCOMPLETE
SUSTAINED
HYPOTHETICAL.
AS FRAMED.
BY MR. BUSCH:
Q
ADVERTISING
COMPOSITIONS
AT THE
AGENCY?
AT THE ADVERTISING
IN THE HYPOTHETICAL
AGENCY,
BY
MR. MILLER,
OR TONY BENNETT
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
THE COURT:
"GOT TO GIVE
TO DO SO; CORRECT?
IT'S NOT GERMANE
TO
BY MR. MILLER
NEEDING
STONES
ON
SUSTAINED.
IT'S OUTSIDE
THE AREA
OF HER EXPERTISE.
13
MR. BUSCH:
IT WAS OPENED
14
THE COURT:
15
PLEASE
16
ISSUES.
17
BY MR. BUSCH:
18
19
WAS ASKING
20
SPOKE ABOUT.
BY HIS EXAMINATION.
21
TO MUSICAL
TO SOMETHING
22
I DO.
23
OKAY.
24
25
DEPOSIT
COPY, EXHIBIT
248?
8 OF THE
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
BY MR. BUSCH:
OKAY.
YES.
SO IT DOESN'T
10
11
THOSE MEASURES.
12
13
14
15
16
"YES"?
17
WOULD
BUT, YES.
18
19
THERE,
20
BY MR. BUSCH:
21
22
23
24
25
248 BACK UP
THE COMPARISON?
RIGHT.
WOULD
THE QUESTION?
WOULD
SOUNDED
AND 7?
I DISAGREE.
OKAY.
8
9
IT SOUNDS
IN BARS 1, 5
THANK YOU.
ALL RIGHT.
MS. WILBUR.
10
11
REFERRED
12
IT UP."
TO AS THE "PARLANDO"
13
SECTION
RHYTHM,
BEEN
IN "GOT TO GIVE
14
COMPOSITION
15
LYRICS;
16
17
OKAY.
18
COMPARING
19
WITHIN
20
ANALYZING
21
22
23
FIRST THINGS
24
25
AND
HARMONY,
OF A MUSICAL
STRUCTURE
AND
CORRECT?
DO.
AND WOULD
TWO WORKS,
AT SIMILAR
STRUCTURE
CORRECT?
SONG, YES.
AS ONE OF THE
I DO, NO.
MS. WILBUR'S
EXAMINATION
AT --
THE COURT:
WHICH
MR. BUSCH:
AUGUST
THE COURT:
MR. MILLER:
THE COURT:
DEPOSITION,
ANY OBJECTION
12
THE COURT:
14
READ.
CAN I
MR. MILLER:
PLEASE WITHOUT
IN OPEN COURT)
11
13
MR. BUSCH:
HAVE THE PAGE?
(VIDEO PLAYED
9
10
DATE?
PUBLISHING.
THE OBJECTION
SHOULD NOT BE
15
MR. BUSCH:
OKAY.
16
17
MUST BE COMPARED
18
ANALYZE
19
WOULD
20
ELEMENTS
21
WORK?
22
23
24
AND PUTTING
25
WHETHER
SO BEGINNING
SIMILARITY
QUESTION:
AT PAGE 167,
TO COMPARE
AS A COLLECTIVE
AS OPPOSED
EXISTS,
THOSE
IN THE ENTIRE
TO INDIVIDUALLY?
ANSWER:
IT INTO A STRUCTURE.
AT THE ENTIRE
WORK
STRUCTURE
4
5
6
7
8
9
10
11
12
13
14
15
THAT IN ANALYZING,
OKAY.
BELIEVE
THAT IN ANALYZING
STRUCTURE,
THE RESPECTIVE
ARE SIMILAR
A
IS IMPORTANT
TO
LENGTH
THAT
OF EACH SECTION
IS IMPORTANT.
TESTIMONY
YOU DO?
16
THE COURT:
17
MR. BUSCH:
THAT'S
18
19
20
21
SO THE ANSWER
YES, COMPARING
ARE SIMILAR
TO MY LAST QUESTION
RESPECTIVE
LENGTH
OF TWO SECTIONS
THAT
MR. MILLER:
THE COURT:
23
25
FINE.
BY MR. BUSCH:
22
24
WELL
STRUCTURE.
OKAY.
THINGS
TO ANALYZE?
BEFORE
THE
COMPARING
AS FRAMED.
BY MR. BUSCH:
Q
IS THE RESPECTIVE
LENGTH
OF EACH SIMILAR
SECTION
SOMETHING
SIMILARITY?
OKAY.
SECTIONS
IN FACT,MS.
OF TWO WORKS
SUPPORTING
TWO WORKS
YES.
WILBUR,
THE IDENTICAL
OF A FINDING
FOR
OF SIMILARITY;
LENGTH
OF
BE
ISN'T THAT
CORRECT?
MR. MILLER:
THE COURT:
THE COURT:
12
14
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
4-
AT TRIAL EXHIBIT
24
25
OF WHAT'S
18
21
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
STATED IN NOTING
EACH SECTION
OF, QUOTE,
MR. MILLER:
THE COURT:
WHAT'S
BY MR. BUSCH:
10
507.
IS
UNQUOTE
TO READING
--
I AGREE.
THE QUESTION?
DECLARATION
43, WHICH
THE SIMILARITIES
OKAY.
TURN TO PARAGRAPH
IN YOUR
THAT --
11
MR. MILLER:
12
THE COURT:
13
MR. MILLER:
14
THE COURT:
15
THE WITNESS:
16
THE COURT:
17
SAME OBJECTION,
YOUR HONOR.
JUST A MINUTE.
43?
IT.
PLEASE.
18
BY MR. BUSCH:
19
YOU'VE
20
I HAVE.
21
22
READ PARAGRAPH
THE COURT:
23
CASE, PLEASE,
24
BY MR. BUSCH:
25
OKAY.
43?
ABOUT THIS
IN LIGHT OF THIS.
MS. WILBUR,
DO
RELEVANT
IN COMPARING
TWO WORKS
THE COURT:
OF TWO SECTIONS
IS
FOR SIMILARITY?
CONTEXT.
PLEASE.
(RECORD READ)
THE WITNESS:
BY MR. BUSCH:
IN SOME CASES.
THANK YOU.
YOU YOURSELF
10
FINGERPRINT"
11
I HAVE.
12
13
FINGERPRINTS
14
PARLANDO
RAPP SECTION
15
"BLURRED
LINES";
IN OTHER CASES,
THAT SHE'S
IDENTIFIED
MUSICAL
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:
THAT'S
WELL--
23
TESTIMONY
BEEN PROVIDED
24
WITNESS
IS FAMILIAR
25
CONTEND
TO THE
BY MS. FINELL,
IF THE
BY MR. BUSCH:
SHE BELIEVES
FINGERPRINT?
7
8
PLEASE.
MR. MILLER:
DON'T BELIEVE
SECTION
OF "BLURRED
SAME OBJECTION,
YOUR HONOR.
MR. BUSCH:
10
THE COURT:
DO YOU UNDERSTAND
11
THAT
THE -- WHAT DO
MR. BUSCH?
12
MR. BUSCH:
13
THE COURT:
NO.
14
MR. BUSCH:
15
16
SIMILARITIES
BETWEEN
17
THE COURT:
18
THE WITNESS:
19
IS --
IS TO MEAN
INDICATIVE
OF
THAT DEFINITION?
RIGHT.
I DO NOT
20
THE COURT:
21
ONE SECOND.
22
PLEASE.
23
BY MR. BUSCH:
24
25
MY QUESTION
IN LIGHT OF THAT,
YES.
OKAY.
DESCRIBE
TO IT; CORRECT?
YES.
WORDS;
CORRECT.
OKAY.
THAT PARLANDO
INVOLVES
SPOKEN RATHER
THAN SUNG
LINES"
"BLURRED
11
CORRECT?
12
I BELIEVE
13
OKAY.
14
WAIT A MINUTE.
15
16
17
INTRODUCTION
18
AROUND"
19
20
THAT'S
IN
LINES";
CORRECT.
IT STARTS
-- YES, I
SECTION,
THERE
IS NO PARLANDO
MR. BUSCH:
22
23
HER DEPOSITION
SO, NO.
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?
MR. BUSCH:
THE COURT:
ANY OBJECTION
4, YOUR
HONOR.
2
3
MR. MILLER:
I'D OBJECT.
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:
THE COURT:
JUST A MINUTE.
12
HONOR.
13
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.
23
THE COURT:
24
25
THAT
ME.
20
22
REQUIRES
17
19
DISCUSSION
THROUGH
WHETHER
OCCURRED.
THE PRECISE
CONTEXT?
MR. MILLER:
THERE'S
NO PARLANDO.
TO IMPEACH
HER THAT
MR. MILLER:
10
11
16
23
24
25
THATFS
MR. BUSCH:
IT.
NOT REALLY
STARTING
TELLING
HERE
US WHAT THE
IT THERE,
YOUR HONOR.
THE COURT:
JUST A MINUTE.
20
22
REFERENCES
IS.
19
21
I UNDERSTAND.
17
18
"READ IT IN CONTEXT."
14
15
THAT.
--
THE COURT:
12
13
I UNDERSTAND
THE COURT:
LINE 19.
SIMPLER
CONTEXT,
BUT I THINK
IT'S
OKAY.
(THE FOLLOWING
PROCEEDINGS
WERE HELD IN
OF THE JURY:)
THE COURT:
ONE MOMENT
MR. BUSCH:
THE COURT:
ALL RIGHT.
LINE 19 THROUGH
BY MR. BUSCH:
LINE 19.
OKAY.
MR. BUSCH:
AT PAGE 452,
10
THE COURT:
11
12
MR. BUSCH:
13
BEGINNING
14
15
ANSWER:
16
17
COPYRIGHT
18
PARLANDO
19
20
21
22
THE SECTION
23
24
73?
25
LINE.
GOT IT.
DEPOSIT.
GOT IT.
OKAY.
PART OF THIS.
ANSWER:
STARTS MEASURE
ONE.
OUT.
IF YOU NOTICE,
AND I DON'T AGREE
STARTS AT MEASURE
65.
IT'S INDICATED
QUESTION:
73 BECAUSE
WHY -- WHY
I DON'T SEE
YESTERDAY.
PARLANDO
BY MR. BUSCH:
"BLURRED
QUESTION:
BEGIN
LINES"
-- LET ME REPHRASE
IN "BLURRED
LINES,"
CORRECT.
13
AND I UNDERSTAND
14
WHETHER
15
SANG
DO THE ACTUAL
IS IN 65?
ANSWER:
THE QUESTION.
THERE'S A DISAGREEMENT
THERE IS ACTUALLY
A PARLANDO.
THAT IF WE EXCISE
18
MR. MILLER:
STARTS AT
ABOUT
I UNDERSTAND
17
YOU
HEARD THAT,
AS YOU SAID,
ARGUMENTATIVE.
21
THE COURT:
22
THE WITNESS:
23
THE COURT:
24
THE WITNESS:
25
THAT'S
12
20
YES.
IT'S 73."
19
ANSWER:
11
16
IF THE INTRODUCTION
10
QUESTION:
THE MEASURES
DO YOU UNDERSTAND
THE QUESTION?
I DO.
YOU MAY ANSWER.
I DO NOT AGREE.
IF YOU NUMBERED
OF "BLURRED
LINES"
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,
IN "BLURRED
STARTS
BE MEASURE
IN YOUR DEPOSITION
IT WAS
CORRECT?
THE COURT:
SUSTAINED.
MR. BUSCH:
ALL RIGHT.
BY MR. BUSCH:
Q
PARLANDO
AS THE
OKAY.
I -- I DON'T BELIEVE
IDENTIFIES
OKAY.
THE MARVIN
THAT THERE'S
A PARLANDO,
SO I
IN
OF SPEECH TO
IT?
A
THE ASPECT
REPETITION
OF A "B" NOTE,
THERE'S
IS THE
CLAIMING
A REPEATED
BEFORE
AND
THAT PART
SO
OCCURS
BEFORE
THIS.
AS SOMETHING
PARLANDO
I DO NOT AGREE.
OKAY.
MS. WILBUR.
THAT IS A PARLANDO
MS. WILBUR,
BECAUSE
THIS OUT
HAS AN ASPECT
AS THE
OF SPEECH TO IT?
FOR YOU,
THE COURT:
WHAT EXHIBIT
10
MR. BUSCH:
THIS IS EXHIBIT
11
THE COURT:
IT'S EXHIBIT
12
MR. BUSCH:
13
AUDIO EXAMPLE
IS THIS, PLEASE?
376, PAGE 37.
ON PAGE -- ON EXHIBIT
376
14
THE COURT:
15
MR. BUSCH:
16
MUSICAL
EXAMPLE
PRECEDED
BY THE BRIDGE.
17
THE COURT:
JUST A MOMENT,
18
MR. BUSCH:
I'M SORRY,
19
YOUR HONOR.
20
PLEASE.
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)
THAT
OF
SPEECH
LYRICAL
VERSUS
RHYTHM.
SECTION,
10
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?
MS. WILBUR,
IS SUNG.
IT'S SUNG.
IT'S GOT
NOT HEAR
THE COURT:
11
12
POSE QUESTIONS.
13
BY MR. BUSCH:
14
15
DISTINCTION
16
BODY" VERSUS
17
ALL;
YOU'RE
PLEASE
JUST
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
--
BEFOREHAND.
BUT
BEFORE
OF SPEECH
THE
RIGHT?
I DID NOT.
AND IT'S --
8
9
OKAY.
ALL RIGHT.
"PAINTING"
11
TO AS "WORD PAINTING"?
12
MR. BUSCH:
YOUR HONOR,
18
21
THANK YOU.
BY MR. BUSCH:
Q
I DO.
IN "BLURRED
LINES,"
22
AROUND,
23
YES.
24
25
"MOVE
19
20
THE COURT:
15
17
CORRECT.
13
16
YESTERDAY.
THE WORD
10
14
"SHAKE
THE SECTION
PRECEDE
THAT WE HAVE A
DISAGREEMENT
THAT SECTION;
CORRECT.
IN "BLURRED
CORRECT?
LINES,"
THE PHRASE
CORRECT.
8
9
10
11
YES.
OKAY.
APPEAR
IN "BLURRED
DO YOU AGREE
13
YES.
14
A BREAK.
OKAY.
17
18
LYRIC
21
22
23
24
25
AND WOULD
COME AFTER
CORRECT?
SECTIONS
OF EACH SONG?
THE
1 IN
BOTH SONGS?
A
19
20
LINES";
16
IS "SHAKE AROUND,
12
15
THE TRANSCRIPTION
TRANSCRIPTION
A
FROM "BLURRED
LINES"?
LINES"
COPY,
IF I MAY,
EXHIBIT
COPY.
I CAN PUT IT ON
THE SCREEN.
OKAY.
I'M LOOKING.
4
5
IT'S A LITTLE
THE "DOWN"
END OF "4"
FURTHER.
IS A MELISMA.
IN THE PREVIOUS
10
SO THE ANSWER
MR. MILLER:
THE COURT:
12
16
17
18
19
OKAY.
LINES,"
IT DOES IN A COMPLETELY
OKAY.
LYRIC
AND WOULD
YES.
22
OKAY.
"DOWN"
1?
DIFFERENT
WAY.
21
25
YOUR QUESTION.
AND IN "BLURRED
BOTH SONGS?
24
SUSTAINED.
BY MR. BUSCH:
20
23
ARGUMENTATIVE.
RESTATE
13
15
11
14
TO MY QUESTION
MELODIC
ASCENT
IN
THANK YOU.
I WANT TO GO BACK FOR A MOMENT
WERE SPEAKING
ABOUT
EARLIER,
TO SOMETHING
NOTES
WE
IN COMPARING
"BLURRED
4
5
6
LINES";
TWO DIFFERENT
SURE.
NOTES
IT'S 389-2.
IN COMPARING
TRIAL EXHIBIT
IN COMPARING
THAT'S
CORRECT.
OKAY.
IF YOU COMPARED
IT UP" DEPOSIT
THE COUNT
THE COURT:
THE WITNESS:
22
25
COpy TO "BLURRED
MR. MILLER:
21
24
IS THAT CORRECT?
20
23
LINES";
4, EXCLUDING
NOTES
15
19
AGAIN?
"BLURRED
18
389-2.
YES, I CAN.
14
17
5 TO 8 IN --
OKAY.
12
16
NOTES.
10
13
THAT?
11
DO YOU RECALL
YOU'RE
SAYING.
YOU'RE
OBJECTION.
DO YOU UNDERSTAND
YOUR HONOR.
THE QUESTION?
VAGUE,
OF STAVES
IN THE DEPOSIT
COpy OF
WHAT
MR. BUSCH:
BY MR. BUSCH:
BARS 1 THROUGH
THERE'S
ACTUALLY
4, EXCLUDING
AN "A" ON EVERY
NO, THERE
SOUNDS HERE
TIED, SO IT SOUNDS
11
DOWN BEAT.
LINES"
THIS NOTE
(INDICATING).
HERE
IS TIED SO IT
AND THIS NOTE IS
(INDICATING).
THAT'S NOT A
13
STOP THERE.
NEXT QUESTION,
14
BY MR. BUSCH:
15
MY QUESTION
16
COpy TO "BLURRED
10
12
BARS 5 TO 8 OF
WHAT
WASN'T,
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.
LINES"
RESPECTIVELY?
TO THE SAME KEY, YES.
CORRECT?
IS A COMMON
ABSOLUTELY.
OKAY.
TRANSPOSING
CORRECT?
SO THE ANSWER
YES.
OKAY.
DEPOSIT
NO.
10
WHY NOT?
A DEPOSIT
12
13
OFFICE
16
TO -- THOSE
BAND MEMBERS
IMPROVISE
OR PEOPLE
MR. BUSCH:
25
IN THE STUDIO
SOMETHING
TO
YOUR HONOR,
I MOVE TO STRIKE.
SHE
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
19
21
PROTECTABLE
COPYRIGHTING.
17
18
THAT THE
14
15
IS, "YES"?
11
THINGS.
-- NEXT QUESTION,
PLEASE.
BY MR. BUSCH:
Q
OKAY.
WAS DEPOSITED
IN THE COPYRIGHT
THAT
1
2
IT WAS DEPOSITED
PROBABLY,
THANK YOU.
OR
YES.
MR. BUSCH:
376?
BY MR. BUSCH:
WOULD
YOU PLEASE
THE COURT:
WHAT EXHIBIT
MR. BUSCH:
THIS IS EXHIBIT
10
11
THE COURT:
THANK YOU.
--
PLEASE?
12
13
14
15
376, SLIDE 2.
BY MR. BUSCH:
Q
MS. WILBUR,
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:
PLEASE?
MR. BUSCH:
24
25
BARS 1 THROUGH
AND KEYBOARD
PARTS
8.
(AUDIO PLAYED
IN OPEN COURT)
BY MR. BUSCH:
LINES"
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
HAVE A
RHYTHMICALLY
ON THE RECORDING,
THAT.
ALTHOUGH,
MUCH SHORTER
Q
OKAY.
IN A DIFFERENT
23
IN THE RECORDED
OKAY.
IN THIS EXHIBIT
IN THE DEPOSIT
LIKE
ARE
COPY.
22
AND HARMONICALLY?
HARMONICALLY?
25
ABOUT THAT.
21
24
13
14
MS. WILBUR,
INTERLOCK
RHYTHMICALLY
LINES,"
AND
WAY.
AND WOULD
VERSIONS
OF BOTH SONGS.
LINES,"
NOTES
COMPLETES
-- LET ME REPHRASE
IN "BLURRED
COMPLETES
THE QUESTION.
LINES,"
KEYBOARD
DESCENDING
PARTS INSTEAD
COMPLETING
ITSELF?
MR. MILLER:
THE COURT:
THE WITNESS:
OBJECTION.
11
MR. BUSCH:
OKAY.
14
THROUGHOUT
16
THE COURT:
17
OBJECTION,
THE QUESTION.
A NEW AREA,
IS THERE -- MOVE TO
PLEASE.
MR. BUSCH:
20
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
24
IT, PLEASE.
15
18
THE QUESTION?
13
VAGUE.
DO YOU UNDERSTAND
THE COURT:
BY MR. BUSCH:
IN THE
10
12
500.
THAT,
MR. BUSCH:
IT'S AN EXHIBIT
HAS RULED ON
THE COURT:
I UNDERSTAND.
IT.
MR. BUSCH:
THANK YOU.
THE COURT:
MR. MILLER:
THE COURT:
10
A PICTURE
11
COVER.
12
13
WE HAVEN'T
14
I BELIEVE.
SEEN THIS BACK PAGE.
MR. BUSCH:
PUBLISHED
THERE WAS
OF AN ALBUM
--
THE COURT:
EXCUSE ME.
THE ALBUM
COVER WAS
15
16
BY MR. BUSCH:
17
18
IT UP" AS PLAYING
MR. MILLER:
20
THE COURT:
BY MR. BUSCH:
22
23
DESCENDING
GAYE CREDITED
OBJECTION.
IRRELEVANT.
SUSTAINED.
ON "GOT TO GIVE
THE KEYBOARD?
19
21
THERE
COMPLETES
24
MR. MILLER:
25
THE COURT:
OBJECTION.
VAGUE,
THIS IS CUMULATIVE.
THE
LINES"?
YOUR HONOR.
MR. BUSCH:
2
3
ALL RIGHT.
THAT WE HAVE.
OKAY.
THE COURT:
ANY REDIRECT?
MR. MILLER:
THE COURT:
REDIRECT
EXAMINATION
BY MR. MILLER:
10
11
KEYBOARD.
12
THANK YOU.
13
14
15
16
17
18
OKAY.
MR. BUSCH:
19
THE COURT:
PARDON?
20
MR. BUSCH:
I OBJECT.
21
CUMULATIVE.
CUMULATIVE.
HE SAID
22
THE COURT:
23
BY MR. MILLER:
24
25