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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

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


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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

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


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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

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


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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

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


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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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 6 of 67 Page ID


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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,

DO YOU HAVE AN OPINION

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?

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 7 of 67 Page ID


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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

DO YOU HAVE AN OPINION

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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 8 of 67 Page ID


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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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 9 of 67 Page ID


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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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 10 of 67 Page ID


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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?

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 11 of 67 Page ID


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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.

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 12 of 67 Page ID


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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"

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


#:9952

EXHIBIT

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 14 of 67 Page ID


#: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

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


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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?

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 16 of 67 Page ID


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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

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


#: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?

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 18 of 67 Page ID


#: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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 19 of 67 Page ID


#: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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 20 of 67 Page ID


#: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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 21 of 67 Page ID


#: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";

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 22 of 67 Page ID


#: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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 23 of 67 Page ID


#: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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 24 of 67 Page ID


#: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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 25 of 67 Page ID


#: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.

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 26 of 67 Page ID


#:9965
14

EXAMINATION

BY MR. MILLER,

I'M NOT SURE I'M UNDERSTANDING

YOU DID NOT HIGHLIGHT

I'M

THE COURT:

5
6

THAT YESTERDAY
DID YOU?

RESTATE

THE QUESTION,

WOULD YOU AGREE

YES.

YOU DID NOT HIGHLIGHT

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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 27 of 67 Page ID


#: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?

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 28 of 67 Page ID


#: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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 29 of 67 Page ID


#: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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 30 of 67 Page ID


#: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"

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 31 of 67 Page ID


#: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?

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 32 of 67 Page ID


#: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"

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 33 of 67 Page ID


#: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;

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 34 of 67 Page ID


#: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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 35 of 67 Page ID


#: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.

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 36 of 67 Page ID


#: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?

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 37 of 67 Page ID


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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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 38 of 67 Page ID


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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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 39 of 67 Page ID


#: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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 40 of 67 Page ID


#: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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 41 of 67 Page ID


#: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?

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 42 of 67 Page ID


#: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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 43 of 67 Page ID


#: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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 44 of 67 Page ID


#: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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 45 of 67 Page ID


#: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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 46 of 67 Page ID


#: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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 47 of 67 Page ID


#: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,

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 48 of 67 Page ID


#: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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 49 of 67 Page ID


#: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?

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 50 of 67 Page ID


#: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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 51 of 67 Page ID


#: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:)

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 52 of 67 Page ID


#: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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 53 of 67 Page ID


#: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"

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 54 of 67 Page ID


#: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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 55 of 67 Page ID


#: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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 56 of 67 Page ID


#: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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 57 of 67 Page ID


#: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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 58 of 67 Page ID


#: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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 59 of 67 Page ID


#: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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 60 of 67 Page ID


#: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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 61 of 67 Page ID


#: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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 62 of 67 Page ID


#: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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 63 of 67 Page ID


#: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

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 64 of 67 Page ID


#: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,"

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 65 of 67 Page ID


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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,

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 Page 66 of 67 Page ID


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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.

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


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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