Pharrell v. Gaye - Blurred Lines - Gaye Joint Trial Brief - Finell Declaration

8/9/2019 Pharrell v. Gaye - Blurred Lines - Gaye Joint Trial Brief - Finell Declaration

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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

25

26

27

28

Defendants.

1 Paul H. Duvall (SBN 73699)

2

E-Mail: [email protected]

KING BALLCJW

3 6540 Lu k Bl vd., Suite 250

San

DieKo, CA 9

(858) 597-6000

4 Fax: (858) 597-6008

5 Attorney for Defendants and Counter-

Claimant Frankie Chri tian

Gaye

and

6 Nona Marvisa Gaye

7 Mark L. Block (SBN 115457)

E-Mail: [email protected]

8 WARGO FRENCKLLP

1888 Century Park East;. Suite l520

9 Lo. Angeles, CA 9006

(310) 853-6355 Fax: (31b) 853-633-3

10 Atto'rney- for Defendants and Counter-

Claimant Frankie Chri tian Gaye and

11 Nona Marvi a Gaye

12

13

14

15 PHARRELL WILLIAMS an

individual; ROBIN THICKE an

16 individl;laI

and CLIFFORD FIARRIS,

JR., an individual,

17

Plaintiffs,

18

19

BRIDG PORT MUSIC INC.,

a

20 Michigan co -poratioo; FRANKlE

CHRISTIAN GA

YE,

.an individual;

21 MARVIN GAYE.IIlAall individual;

NONA MARVISA \.lAVE, an

22 individual; and DOES 1 through 10,

inclu ive,

23

24

vs.

AND RELATED COUNTERCLAIMS

Richard S. Busch (TN BPR 014594)

oro hac vice

E-Mail: rbusch(a2kingballow.com

KING BALL1)W

315 Union Street, Suite 1100

Nashville TN

3 2 1

(615) 259-3456 Fax: (615) 726-5417

Attorneys for Defendants and Counter-

Claimant Frankie Christian Gaye and Nona

Marvisa Gaye

Paul Phil (SBN 18792)

E-Mail: pI).pnple.al.com

The Law

I f

ces of aul N. Philips

9255 West Sunset Boulevard

West Holl ood CA 90069

(323 813-1126 pax: (323) 854-6902 .

Attorney for Defendant and Counter-Claimant

Marvin Gaye III

Case No. CVI3-06004-JAK (AGRx)

Hon. John A. Kronstadt

DECLARATION OF JUDITH FINELL

IN SUPPORT OF COUNTER-

CLAIMANTS' TRIAL BRIEF

Date: February 3,2015

TIme: 3:00 p.m.

Ctrm: 750

Action Commenced: August 15,2013

Trial Date: February 10,2015

1

Case 2:13-cv-06004-JAK-AGR Document 246-2 Filed 02/04/15 Page 1 of 4 Page ID #:7453


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1 DECLARATION OF JUDITH FINELL

2 I, Judith Finell, declare and state:

3 1. I am a musicologist and have been retained by the Gayes to compar

4 the similarities and differences between the songs Blurred Lines and Got to Give

5 Up and the similarities and differences between the songs Love after War and Afte

6 the Dance.

7 2. The information contained in this Declaration is based upon m

8 personal knowledge. If I am called as a witness, I am competent to testify to all matter

9 set forth in this Declaration.

10 3. In my October 31 report, and in the demonstrative exhibits submitte

11 for use at trial, I created a slide which refers to Theme X. I have reviewed the portio

12 of the lead sheet included on page 18 of the Court s Summary Judgment Order. Th

13 Theme X defined by the Court is wholly different from the Theme X referenced in m

14 October 31 expert report that was submitted following the Court s ruling, and in th

15 demonstratives I prepared for trial.

16 4. The Court in its Summary Judgment Order stated that what it wa

17 referring to as Theme X begins after the lyrics Think I m Gonna Let You Do It. A

18 shown on the deposit copy lead sheet, the lyrics that the Court cites are followed by th

19 song s hook Keep on Dancin. There is no Theme X after the lyrics the Court cited

20 and my October 31 report, issued following the Court s ruling, and testimony, does no

21 claim that it is. The Theme X in my October 31 report is a four note vocal melod

22 referred to at paragraphs 22-24. It is the four note vocal melody sung with the lyric

23 Dancin Lady which was mistranscribed in the lead sheet as Fancy Lady an

24 repeated 14 times in 14 bars in the lead sheet. This vocal melody appears on page 2

25 Part 2 of the deposit copy immediately after the words I ve Got To Give It Up.

26 occupies nearly all of staves 2 and 3 on page 2 of the deposit copy.

27 5. The Court ruled that the 4 note vocal melody was allowable at trial

28 its summary judgment ruling. We believe this to be the same 4 note vocal melody I a



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1 referring to as Theme X, but because of the name I gave it in my October 31 report, an

2 demonstratives, we wanted to clarify that "my" Theme X, the four note vocal melod

3 represented in the deposit copy lead sheets, is not the same as the Theme X the Cou

4 said was not in the lead sheet.

5

6 6. Attached hereto as

xhi it

A is a true and correct copy of the portion o

7 the lead sheet for "Got to Give it Up" which contains the four-note vocal melody referred t

8 as "Theme X."

9

10 Pursuant to 28 U.S.C. §1746, I declare under penalty of perjury that the foregoing is tru

and correct. Executed this 3rt day of February 2015.

;I:U

13 h

f1 }

14 JUDITH FINELL

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Pharrell v. Gaye - Blurred Lines - Gaye Joint Trial Brief - Finell Declaration

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