Blurred Lines Trial - transcript Exhibit I.pdf

HIBIT I

Case 2:13-cv-06004-JAK-AGR Document 347-5 Filed 03/17/15 of 67 Page ID #:9940

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION

HONORABLE JOHN A. KRONSTADT

UNITED STATES DISTRICT JUDGE PRESIDING

PHARRELL WILLIAMS, ET AL.,PLAINTIFFS,

VS. CV13-06004-JAK

BRIDGEPORT MUSIC, INC., ET AL.,

DEFENDANTS.

REPORTER'S TRANSCRIPT OF DAY FIVE OF TRIAL PROCEEDINGS

LOS ANGELES, CALIFORNIA

TUESDAY, MARCH 3, 2015, MORNING SESSION

ALEXANDER T. JOKO, CSR NO. 12272FEDERAL OFFICIAL COURT REPORTER

255 EAST TEMPLE STREET, ROOM 181-HLOS ANGELES, CA 90012

[email protected]


1 ARE THERE ANY OTHER ISSUES?

2 MR. BUSCH: WE WERE ABLE TO -- MR. KING AND I

3 WORKED HARD THIS WEEKEND TO REACH, IN LARGE PART,

4 ALTHOUGH NOT COMPLETELY, A FINANCIAL STIPULATION ON

5 PROFITS. SO WE CAN AVOID QUITE A BIT OF LENGTHY

6 TESTIMONY BY THE FINANCIAL PEOPLE TODAY.

7 THE COURT: PROFITS AS TO WHAT?

8 MR. BUSCH: PROFITS AS TO ALL OF THE THICKE

9 RELATED PARTIES WITH THE EXCEPTION OF TOURING INCOME,

10 WHICH STILL IS OUTSTANDING. AND THEN WE HAVE A DISPUTE

11 ABOUT WHETHER OVERHEAD CAN BE DEDUCTED OR NOT AS A

12 FIXED EXPENSE.

13 THE COURT: FOR WHICH?

14 MR. BUSCH: FOR THE INTERSCOPE PARTY.

15 THE COURT: GOOD JOB.

16 MR. KING: THANK YOU.17 WHICH WAS SIGNED OFF ABOUT 12:30 THIS

18 MORNING, WHICH BRINGS ME TO WHAT YOU SAID BEFORE THAT

19 ABOUT THIS MOTION FOR EVIDENTIARY RELIEF. OTHER THAN

20 WHAT I HAVE READ IN THE HOLLYWOOD REPORTER, I HAVEN'T

21 READ THE MOTION.22 THE COURT: WELL, I'VE READ THE MOTION. I

23 DON'T THINK THERE'S A SUBSTANTIAL BASIS FOR THE RELIEF

24 SOUGHT. THERE WILL BE AN INSTRUCTION -- ESSENTIALLY,

25 AS I UNDERSTAND IT, MR. BUSCH, YOU ARE RAISING SEVERAL

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1 ISSUES. BUT WITH THE EXCEPTION OF ONE ISSUE THAT I'LL

2 ASK ABOUT, I DON'T THINK I'M PERSUADED.3 I MAY, ULTIMATELY, MODIFY THE LANGUAGE IN

4 THE INSTRUCTION TO THE JURY THAT'S PREVIOUSLY BEEN

5 GIVEN, 17.0, BECAUSE I BELIEVE I USED THE WORDS "SHEET

6 MUSIC." AND IT MAY BE MORE APPROPRIATE JUST TO USE THE

7 WORD "MUSIC."8 BUT I THINK WHAT THIS DISTILLS TO IS,

9 THAT THE PARTIES DISAGREE AS TO WHAT THE DEPOSIT COpy

10 REVEALS IN TERMS OF MUSICAL ELEMENTS.11 AND I HAVE NOT -- I HAVE HEARD A MOTION

12 FROM THE THICKE PARTIES, BUT NOT YOUR EXPERT. AND,

13 THEREFORE, I DON'T THINK IT'S INAPPROPRIATE FOR EACH

14 SIDE TO CROSS-EXAMINE THE OTHER'S EXPERT AS TO WHETHER

15 WHAT THE EXPERT'S OPINION IS CONFORMS TO THE DEPOSIT

16 COPY. AND I THINK THAT'S THE CORE OF THE OBJECTION

17 THAT'S BEEN RAISED.18 TO THE EXTENT THAT A PARTY HAS A

19 PERSON -- A WITNESS, FOR EXAMPLE -- THE WITNESS WHOM WE

20 HEARD FROM OUTSIDE THE PRESENCE OF THE JURY FROM THE

21 QUINCY JONES WITNESS?

22 MR. BUSCH: MS. STERN.23 THE COURT: TO THE EXTENT THAT -- FOR EXAMPLE,

24 A WITNESS HAS LISTENED TO THE COMMERCIAL VERSION OF

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

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1 A VIEW BASED ON LISTENING TO THAT, AGAIN, IT MAY BE

2 APPROPRIATE FOR THE CROSS-EXAMINATION. BUT THE ISSUE

3 IS THE SAME, THE ONE ON WHICH I HAVE RULED. WHAT

4 MATTERS HERE IS THE MUSICAL ELEMENTS THAT ARE SHOWN IN

5 THE SHEET MUSIC AND THAT MAY BE REFLECTED IN A MODIFIED

6 RECORDING. SO I THINK THAT THE CORE OF IT IS THE SAME.

7 AND I'VE INSTRUCTED ON THAT.8 THERE WAS A QUESTION FROM ONE OF THE

9 JURORS RELATED TO THIS. AND I HAVE TOLD THE JURY

10 REPEATEDLY THAT COUNSEL WILL ARGUE ABOUT THIS, AND I'LL

11 INSTRUCT -- GIVE THE FINAL INSTRUCTIONS.12 NOW, THERE WAS ALSO AN ISSUE RAISED

13 CONCERNING THE QUESTIONS ABOUT THE THICKE PARTIES OF

14 CERTAIN WITNESSES ABOUT MOTOWN AND ITS OWNERSHIP OF THE

15 RECORDINGS.16 TO WHAT IS THAT RELEVANT?

17 MR. KING: MOTOWN/UNIVERSAL, THEY'RE ALL THE

18 SAME. AND I THOUGHT THAT'S EXACTLY WHAT MR. WEINGER

19 SAID. IF I -- THE RECORD ORIGINALLY CAME OUT ON

20 MOTOWN. SO I PROBABLY I DON'T KNOW WHAT WE'RE

21 TALKING ABOUT. BUT IF I REFER TO IT AS A "MOTOWN

22 RECORDING," IN FACT IT ONCE WAS. BUT I HAVEN'T READ

23 THEIR MOTION.24 THE COURT: THEIR MOTION ASSERTS THAT THE

25 QUESTIONS AS TO WHAT THE GAYE PARTIES OWNERSHIP

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1 A YEAH. I MEAN, SOME -- NOT ALL THE TIME. BUT IN

2 SOME CASES, YES.3 Q AND WHAT IS THE REASON THAT EDITED CLIPS ARE

4 SUBMITTED FOR YOUR REVIEW?5 A SO IT'S EASIER TO DETERMINE WHAT THE VALUE WOULD

6 BE.7 Q OKAY. BASED UPON YOUR REVIEW OF THIS MATERIAL, THE

8 EDITED RECORDINGS, DO YOU HAVE AN OPINION ABOUT WHAT

9 PORTION OF "GOT TO GIVE IT UP" WHAT PORTION OF

10 "BLURRED LINES" THE OWNERS OF "GOT TO GIVE IT UP" WOULD

11 HAVE RECEIVED HAD THE OWNERS OF "BLURRED LINES" SOUGHT

12 A LICENSE BEFORE THE RELEASE OF "BLURRED LINES"?

13 MR. KING: I BELIEVE -- I OBJECT. VAGUE AND

14 AMBIGUOUS. COMPOUND AND SPECULATIVE.15 THE COURT: IT'S COMPOUND AS FRAMED IN LIGHT

16 OF THE PRIOR TESTIMONY.

17 BY MR. BUSCH:18 Q DO YOU HAVE AN OPINION ABOUT WHAT THE VALUE OF THE

19 USE OF "GOT TO GIVE IT UP" IN "BLURRED LINES" WOULD

20 HAVE BEEN HAD THE OWNERS OF "BLURRED LINES" SOUGHT A

21 LICENSE BEFORE RELEASE?22 A YES. I BELIEVE IT WOULD HAVE BEEN 50 PERCENT.

23 THE COURT: JUST STRIKE AFTER "YES."

24 BY MR. BUSCH:25 Q WHAT DO YOU BELIEVE THE VALUE WOULD HAVE BEEN?

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A 50 PERCENT.Q OKAY. AND HOW DID YOU DETERMINE THAT?

A BASED ON REVIEWING THE SNIPPETS AND, YOU KNOW,

A-B'ING THEM, GOING BACK AND FORTH AND -- AGAINST "GOT

TO GIVE IT UP" WITH "BLURRED LINES." AND DETERMINING

THAT THE MELODY RUNS THROUGHOUT "BLURRED LINES" FROM

"GOT TO GIVE IT UP."MR. KING: MOTION TO STRIKE.

THE COURT: STRIKE THE RESPONSE AS TO

DETERMINING WHERE THE MELODY WAS. THAT'S AN ISSUE ON

WHICH ONLY THE OTHER EXPERTS MAY OPINE.

BY MR. BUSCH:Q BASED UPON YOUR REVIEW OF THE MUSIC, THAT'S YOUR

DETERMINATION?

A YES.Q DO YOU HAVE AN OPINION ABOUT WHAT THE VALUATION

WOULD HAVE BEEN HAD THERE -- HAD THE REQUEST COME IN

FOLLOWING THE RELEASE OF "BLURRED LINES"?

A IT CAN BE ANYWHERE -- I MEAN, DEPENDING ON WHO I'M

DEALING WITH AND THE VARIOUS PARAMETERS THAT ARE

INVOLVED, IT CAN GO ANYWHERE FROM 75 TO A HUNDRED

PERCENT. BUT THAT JUST DEPENDS ON VARIOUS FACTORS.

Q HAVE YOU BEEN INVOLVED IN SITUATIONS LIKE THAT

WHERE THE NEGOTIATION OCCURRED FOLLOWING THE RELEASE OF

THE NEW SONG?


1 THAT'S BEEN REACHED.

2 BY MR. BUSCH:3 Q DO YOU KNOW IF THE THICKE PARTIES IN THIS CASE HAD

4 CERTAIN FINANCIAL EXPERTS THAT THEY RETAINED?

5 A YES.6 Q OKAY. AND WERE YOU ABLE TO -- WERE THE PARTIES,

7 THE BEST OF YOUR KNOWLEDGE, ABLE TO WORK TOGETHER TO

8 RECONCILE CERTAIN OF THEIR FINDINGS?9 MR. KING: YOUR HONOR, WE HAVE STIPULATION

10 YOU'RE GOING TO READ TO THE JURY. YOU DON'T NEED TO

11 HAVE HIM TESTIFY TO IT.12 THE COURT: I UNDERSTAND.

13 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 TO ME READING IT

18 NOW?19 MR. KING: NO.20 THE COURT: YOU MAY READ IT.

21 WHAT WOULD YOU PREFER?

22 MR. KING: I WOULD PREFER YOU READ IT.

23 THE COURT: I'LL READ IT.24 CAN YOU PRESENT THAT TO ME, PLEASE?

25 LADIES AND GENTLEMEN, I'VE TOLD YOU

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1 THAT -- I'VE GIVEN YOU INSTRUCTIONS THAT, IN GENERAL,

2 WHAT LAWYERS SAY IS NOT EVIDENCE. BUT I ALSO

3 INSTRUCTED THAT SOMETIMES THE PARTIES MAY REACH AN

4 AGREEMENT AS TO CERTAIN FACTS, SOMETHING CALLED A

5 "STIPULATION."6 A STIPULATION IS EVIDENCE. IT'S

7 UNDISPUTED. AND I APPRECIATE COUNSEL WORKING -- THE

8 COUNSEL HERE DISAGREE ON MANY THINGS, BUT THEY HAVE

9 WORKED COLLABORATIVELY ON THIS STIPULATION, WHICH WE

10 APPRECIATE BECAUSE IT SAVED A LOT OF TIME FOR THE

11 TRIAL.12 THIS IS ENTITLED "STIPULATION OF FACTS

13 BETWEEN THE PARTIES AS TO PROFITS FOR 'BLURRED LINES'

14 AND 'LOVE AFTER WAR.'" YOU'LL HAVE A COpy OF THIS WITH

15 YOU DURING DELIBERATIONS.16 "SUBJECT TO THE DISPUTED ISSUES SET FORTH

17 IN SUBPARAGRAPHS 5-A AND B BELOW, THE TOTAL PROFIT FOR

18 'BLURRED LINES' IS $16,675,690.19 A, MR. THICKE IS CREDITED $5,658,214 OF

20 THE TOTAL PROFIT CONSISTING OF ARTIST ROYALTIES OF

21 $4,253,645, AND PUBLISHING REVENUE OF $1,404,569.

22 B, MR. WILLIAMS IS CREDITED WITH

23 $5,153,457 OF THE TOTAL PROFITS CONSISTING OF PRODUCER

24 ROYALTIES OF $860,333, AND PUBLISHING REVENUE OF

25 $4,293,124.

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1 C, MR. HARRIS IS CREDITED WITH $704,774

2 OF THE TOTAL PROFIT CONSISTING OF $25,412 OF ARTIST

3 ROYALTIES AND PUBLISHING REVENUE OF $679,362.4 D, INTERS COPE IS CREDITED WITH $1,343,674

5 OF THE TOTAL PROFIT.6 E, UMGD IS CREDITED WITH $217,159 OF THE

7 TOTAL PROFIT.8 F, STAR TRAK IS CREDITED WITH $3,598,412

9 OF THE TOTAL PROFIT.10 TWO, SUBJECT TO THE DISPUTED ISSUES SET

11 FORTH IN SUBPARAGRAPH 5-C BELOW, THE PROFIT FOR 'LOVE

12 AFTER WAR' IS $895,374, CONSISTING OF ARTIST ROYALTIES

13 OF $561,457 TO MR. THICKE, AND PUBLISHING REVENUE TO

14 MR. THICKE AND MS. PATTON OF $333,914.15 THREE, THE GAYE PARTIES MAINTAIN, AND THE

16 THICKE PARTIES DISPUTE, A, OVERHEAD EXPENSES OF

17 $7,373,616 OF INTERSCOPE AND UMGD SHOULD NOT BE

18 DEDUCTED FROM TOTAL PROFITS FOR 'BLURRED LINES' AND

19 SHOULD BE ADDED TO THE $16,675,690 PROFIT SET FORTH IN

20 PARAGRAPH NUMBER ONE ABOVE.21 B, ROBIN" -- LET ME ASK YOU A QUESTION.

22 (SIDEBAR)

23 THE COURT: HERE'S MY QUESTION: THE TOURING

24 REVENUE, IS THAT -- JUST IN LIGHT OF OUR DISCUSSION

25 THIS MORNING, THIS IS STILL PART OF YOUR STIPULATION?

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1 MR. KING: WE'RE NOT ACKNOWLEDGING THAT THAT'S

2 THE TOURING REVENUE. MAYBE WE SHOULD SAY "ALLEGED."

3 THE COURT: IT SAYS "DISPUTED ISSUES."

4 MR. BUSCH: IT SHOULD BE READ.

5 THE COURT: THAT'S FINE.6 (THE FOLLOWING PROCEEDINGS WERE HELD IN7 OPEN COURT IN THE PRESENCE OF THE JURY:)8 THE COURT: LET ME START OVER WITH PARAGRAPH

9 THREE.10 PARAGRAPH THREE, "THE GAYE PARTIES

11 MAINTAIN, AND THE THICKE PARTIES DISPUTE, A, OVERHEAD

12 EXPENSES OF $7,373,616 OF INTERS COPE AND UMGD SHOULD

13 NOT BE DEDUCTED FROM TOTAL PROFITS FOR 'BLURRED LINES'

14 AND SHOULD BE ADDED TO THE $16,675,690 PROFITS SET

15 FORTH IN PARAGRAPH NUMBER ONE ABOVE.16 B, ROBIN THICKE'S TOUR REVENUE OF

17 $11,792,000 SHOULD BE INCLUDED IN THE PROFITS OF

18 'BLURRED LINES' AND SHOULD BE ADDED TO THE $16,675,690

19 PROFITS SET FORTH IN PARAGRAPH NUMBER ONE ABOVE.20 C, OVERHEAD EXPENSES OF $196,234 OF UMGD

21 SHOULD NOT BE DEDUCTED FROM UMGD'S PROFITS FOR 'LOVE

22 AFTER WAR.'"23 MR. BUSCH: IT SHOULD BE "IF ANY" AT THE END

24 OF THAT, YOUR HONOR.25 THE COURT: THAT'S WHAT THAT SAYS. OKAY.

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1 Q OKAY. AND I DO WANT TO ADDRESS ONE ITEM WITHIN

2 THAT STIPULATION, WHICH IS PUBLISHING REVENUE.

3 A YES.4 Q OKAY. AND THE AMOUNTS -- DO YOU UNDERSTAND THAT

5 THE AMOUNTS REFLECTED IN THE PUBLISHING REVENUE

6 SUBTRACTS CERTAIN PROFESSIONAL FEES THAT MR. THICKE,

7 MR. WILLIAMS AND MR. HARRIS PAID TO ACCOUNTANTS AND

8 LAWYERS AND THEIR MANAGERS?9 A YES. MY UNDERSTANDING IS THE AMOUNT IN THE

10 STIPULATION ARE NET OF THOSE PROFESSIONAL FEES.

11 Q OKAY. DO YOU KNOW WHAT THE PUBLISHING -- 100

12 PERCENT OF THE PUBLISHING REVENUE WAS ON "BLURRED

13 LINES" WITHOUT THOSE PROFESSIONAL FEES BEING

14 SUBTRACTED?15 A I DID THAT CALCULATION, YES.16 Q OKAY. AND WHAT WAS THE AMOUNT OF -- WHAT IS THE

17 AMOUNT OF 100 PERCENT OF THE PUBLISHING REVENUE FOR

18 "BLURRED LINES" WITHOUT THOSE PROFESSIONAL FEES BEING

19 SUBTRACTED?20 A WELL, FROM MEMORY, IT'S A LITTLE BIT OVER $8

21 MILLION.22 Q OKAY. AND DID YOU HEAR MS. STERN TESTIFY A MOMENT

23 AGO ABOUT, THAT IN HER OPINION, IF "BLURRED LINES" --

24 IF THE WRITERS OF "BLURRED LINES" ATTEMPTED TO CLEAR

25 THE USE OF "GOT TO GIVE IT UP" IN "BLURRED LINES"

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EXHIBIT


UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION

HONORABLE JOHN A. KRONSTADT

UNITED STATES DISTRICT JUDGE PRESIDING

PHARRELL WILLIAMS, ET AL.,PLAINTIFFS,

VS. CV13-06004-JAK

BRIDGEPORT MUSIC, INC., ET AL.,

DEFENDANTS.

REPORTER'S TRANSCRIPT OF DAY SIX OF TRIAL PROCEEDINGS

LOS ANGELES, CALIFORNIA

WEDNESDAY, MARCH 4, 2015, MORNING SESSION

ALEXANDER T. JOKO, CSR NO. 12272FEDERAL OFFICIAL COURT REPORTER

255 EAST TEMPLE STREET, ROOM 181-HLOS ANGELES, CA 90012

[email protected]


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ALL EIGHT JURORS ARE PRESENT.

MS. WILBUR, WILL YOU PLEASE RESTATE YOUR

NAME.THE WITNESS: SANDRA WILBUR.

THE COURT: DO YOU UNDERSTAND THAT YOU REMAIN

UNDER OATH?THE WITNESS: YES, I DO.

THE COURT: MR. BUSCH, PLEASE PROCEED.

CROSS-EXAMINATION (CONTINUED)BY MR. BUSCH:

Q GOOD MORNING, MS. WILBUR.

A GOOD MORNING.Q MS. WILBUR, CAN A KEYBOARD PLAY A BASS LINE?

A YES.Q WOULD YOU AGREE THAT IT IS NOT UNCOMMON IN POPULAR

MUSIC FOR A KEYBOARD TO PLAY A BASS LINE?

A IT IS NOT UNCOMMON.

Q OKAY.MR. BUSCH: WOULD YOU PLEASE PUT ON THE SCREEN

EXHIBIT NUMBER 376, PAGE 19.

BY MR. BUSCH:Q MS. WILBUR, MR. MILLER SHOWED YOU THIS SLIDE

YESTERDAY.DO YOU RECALL THAT?

A I DO.

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Q OKAY. AND YOU TESTIFIED THAT THE TOP TRANSCRIPTION

OF "GOT TO GIVE IT UP" ON THIS DOCUMENT WAS NOT IN THE

LEAD SHEET; CORRECT?

A IT WAS NOT IN THE DEPOSIT COPY.

Q OKAY. NOW, PLEASE LOOK WITH ME AT THE DOWN BEAT OF

THE FIRST BAR OF THAT TRANSCRIPTION.

ARE YOU WITH ME?

A YEP.Q DOES THE DOWN BEAT IN THAT BAR SHOW AN "A7" CHORD?

A IT DOES.Q OKAY. AND ISN'T IT CORRECT THAT THE FOUR PITCHES

ON THE DOWN BEAT IN THIS TRANSCRIPTION MAKE UP AN "A7"

CHORD?A THIS IS ONE WAY TO DO AN "A7" CHORD, YES.

Q THANK YOU.ALL RIGHT. NOW, I'D LIKE TO SHOW YOU THE

DEPOSIT COPY LEAD SHEET.MR. BUSCH: THIS IS EXHIBIT 248.

BY MR. BUSCH:Q AND IT WAS YOUR TESTIMONY YESTERDAY, WAS IT NOT,

THAT THE "A7" CHORD IS NOT NOTATED IN THIS LEAD SHEET;

CORRECT?

A CORRECT.Q DO YOU SEE, MS. WILBUR, ABOVE THE STAVE THAT THE

"A7" CHORD DOES APPEAR?

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A THAT IS INDICATING AN "A7" CHORD, BUT NOT NOTES.

MR. BUSCH: YOUR HONOR, MOVE TO STRIKE THE

3 LAST HALF --

4 THE COURT: MOTION DENIED.

5 BY MR. BUSCH:

6 YOU WOULD AGREE THAT YOU CREATED A RECORDING OFQ

7 YOUR INTERPRETATION OF THE LEAD SHEET; CORRECT?

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Q

I ADDED -- YES.IN YOUR INTERPRETATION OF THE LEAD SHEET, YOU HAD

10 AN "A7" CHORD PLAYED BY A PIANO; CORRECT?

11 MR. MILLER: OBJECT TO FORM. "LEAD SHEET."

12 "DEPOSIT COPY."

14 REFERRING. YOU'RE REFERRING TO THE PAPER THAT WAS

15 FILED WITH THE COPYRIGHT OFFICE?

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13 THE COURT: SPECIFY THAT TO WHICH YOU'RE

MR. BUSCH: YES.

THE COURT: EXHIBIT 248?

MR. BUSCH: YES.

THE COURT: RESTATE YOUR QUESTION AND JUST

REFER TO 248, PLEASE.

BY MR. BUSCH:

Q IN YOUR INTERPRETATION OF THE DEPOSIT COPY, YOU HAD

23 AN "A7" CHORD PLAYED BY A PIANO; CORRECT?

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Q

YES.AND THE "A7" CHORD WAS PLAYED ON THE DOWN BEAT;

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CORRECT?

A YES.Q AND THE DOWN BEAT IS THE VERY BEGINNING OF A BAR;

CORRECT?

A YES.Q AND YOU WOULD AGREE THAT THE TERM "DOWN BEAT" IS A

WAY TO DISCUSS THE LOCATION OF A PITCH; CORRECT?

A YES.Q AND IN YOUR VERSION OF "GOT TO GIVE IT UP," YOU

PLAYED AN "A7" PIANO CHORD ON THE DOWN BEAT OF EVERY

OTHER BAR; CORRECT?

A CORRECT.Q AND THAT WAS A CHOICE YOU MADE BASED ON THE

INCLUSION OF THE "A7" CHORD IN EXHIBIT 248; CORRECT?

A IT WAS A CHOICE, YES.Q OKAY. AND YESTERDAY YOU TESTIFIED THAT THERE'S NOT

A DIRECTION TO PLAY ANY PARTICULAR NOTES OR ANY

PARTICULAR RHYTHMS RELATED TO THE "A7" CHORD IN EXHIBIT

248; CORRECT?

A ABSOLUTELY CORRECT.Q OKAY. WHAT PITCHES DID YOU USE TO PLAY THE "A7"

CHORD IN YOUR VERSION OF "GOT TO GIVE IT UP" THAT YOU

CREATED?A I WOULD HAVE TO LISTEN TO IT AGAIN, BUT I USED ALL

NOTES OF THE "A7" CHORD.

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Q WAS IT "A, C SHARP, E" AND "G"?

A I BELIEVE SO.Q OKAY. AND HOW LONG IN DURATION DID YOU PLAY THE

"A7" CHORD IN YOUR VERSION OF "GOT TO GIVE IT UP"?

A AGAIN, IT WAS JUST SIMPLY TO -- TO INDICATE THAT

THE "A7TH" CHORD WAS BEING USED.I DON'T RECALL HOW LONG THE NOTE WAS HELD, IF

THAT'S WHAT YOU'RE ASKING.Q WHAT I'M ASKING YOU IS, HOW LONG IN DURATION DID

YOU PLAY THE "A7" CHORD IN YOUR VERSION OF "GOT TO GIVE

IT UP" THAT YOU CREATED?

A I DON'T RECALL.Q AND YOU WOULD AGREE WITH ME, MS. WILBUR, THAT THE

DURATION OF THE "A7" CHORD YOU PLAYED IS NOT REFLECTED

IN EXHIBIT 248, IS IT?

A IT'S NOT.Q OKAY. IN FACT, THERE ARE NO NOTES OF THAT DURATION

IN EXHIBIT 248, ARE THERE?

A I DON'T THINK SO, NO.Q OKAY. WHAT IS THE LONGEST DURATION OF ANY NOTE IN

THE BASS LINE OF "GOT TO GIVE IT UP"?

A A BEAT AND A HALF.

Q OKAY.

A YES.Q AND THE "A7" CHORD THAT YOU PLAYED IN YOUR VERSION

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1 OF "GOT TO GIVE IT UP" WAS NOT PLAYED ON THE OFF BEAT,

2 WAS IT?3 A IT WASN'T. IT WASN'T INDICATED HOW TO PLAY IT.

4 Q OKAY. PLEASE, MS. WILBUR, WOULD YOU AGREE THAT THE

5 "A7" CHORD IN YOUR VERSION OF "GOT TO GIVE IT UP" WAS

6 NOT PLAYED ON THE OFF BEAT?7 A IT WAS NOT PLAYED ON THE OFF BEAT.

8 Q OKAY. ARE THERE VOICINGS OF THE "A7" CHORD ON

9 EXHIBIT 248?

10 A NO.11 Q DID YOU CHOOSE VOICINGS FOR THE PIANO CHORDS YOU

12 PLAYED IN YOUR RECORDING?

13 A SIMPLE VOICINGS, YES.14 Q OKAY. AND WITH RESPECT TO YOUR VERSION OF WHAT YOU

15 CREATED FOR "GOT TO GIVE IT UP," ISN'T IT TRUE THAT YOU

16 STOPPED PLAYING THE BASS LINE WHEN THE CHORDS CHANGED

17 FROM "A7"?18 A BECAUSE THEY DID NOT WORK, YES.19 Q OKAY. AND ISN'T IT TRUE, MS. WILBUR, THAT "BASS

20 SIMILE" MEANS "CONTINUE IN SIMILAR FASHION"?

21 A IT DOES.22 Q NOW, THERE ARE NOTES IN EXHIBIT 248 THAT ARE PLAYED

23 ON THE OFF BEAT; CORRECT?

24 A THE NOTES ARE, YES.25 Q OKAY. NOW, PLEASE LOOK WITH ME AT THE FIRST TWO

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MEASURES OF THE BASS LINE IN EXHIBIT 248.DO YOU SEE THAT THREE OF THE FOUR NOTES IN

THOSE TWO MEASURES ARE ON THE OFF BEATS?

A IN THE FIRST TWO MEASURES?

Q YES.A ACTUALLY, FOUR OF THE NOTES ARE.Q OKAY. NOW, MS. WILBUR, EVEN THOUGH YOU AGREE THAT

"BASE SIMILE" MEANS "CONTINUE IN A SIMILAR FASHION,"

YOU STOPPED PLAYING THE BASS LINE WHEN THE CHORDS

CHANGED; CORRECT?

A CORRECT.

Q OKAY.A WE DID NOT FEEL THEY WORKED.

Q OKAY.MR. BUSCH: LET'S GO TO TRIAL EXHIBIT 389-2.

BY MR. BUSCH:Q NOW, MS. WILBUR, I'VE SHOWN YOU TRIAL EXHIBIT

389-2, WHICH IS A DOCUMENT THAT -- OR A SLIDE THAT

MR. MILLER SHOWED YOU YESTERDAY.

DO YOU RECALL THAT?

A

Q

YES.

OKAY. NOW, PLEASE LOOK WITH ME AT THE TOP STAVE.

YOU WITH ME?

A YES.Q THIS SHOWS THE BASS LINE OF "GOT TO GIVE IT UP";

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CORRECT?A IT'S WHAT'S IN THE DEPOSIT COPY, YES.

Q OKAY. AND THE STAVE ATTACHED TO THAT TOP STAVE

SHOWS THE BASS LINE; CORRECT?

A CORRECT.Q AND THE STAVE -- THAT STAVE SHOWS FOUR BARS;

CORRECT?

A CORRECT.Q AND THOSE FOUR BARS PLUS THE NEXT FOUR BARS REPEAT

THROUGHOUT "BLURRED LINES"; CORRECT?

A THEY DO.Q AND YOUR TESTIMONY REGARDING THOSE FOUR BARS IS

THAT THERE ARE THREE NOTES IN COMMON WHERE BOTH THE

PITCH AND LOCATION ARE THE SAME; CORRECT?

A BUT NOT THE DURATION.Q OKAY. BUT THE PITCH AND LOCATION ARE THE SAME;

CORRECT?

A CORRECT.Q OKAY. AND THOSE THREE NOTES ARE HIGHLIGHTED IN

YELLOW; CORRECT?

A THEY ARE.Q NOW, IN THE FIRST BAR, THERE ARE ONLY TWO PITCHES

IN THE "BLURRED LINES" BASS LINE; CORRECT?

A CORRECT.Q BUT THOSE PITCHES ALSO APPEAR IN THE FIRST BAR OF

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THE "GOT TO GIVE IT UP" DEPOSIT COPY, EXHIBIT 248;

CORRECT?

A THEY DO.

Q AND--

A ACTUALLY NOT -- I MEAN, NOT -- THE PITCHES DO, BUT

THE DURATIONS ARE NOT THE SAME --

Q OKAY.

A IN EITHER CASE.

Q IN THE SECOND BAR, BOTH "BLURRED LINES" AND "GOT TO

GIVE IT UP" HAVE THREE BASS NOTES; CORRECT?

A CORRECT.

Q AND YOU DETERMINED ONE OF THOSE THREE NOTES WAS OF

BOTH THE SAME PITCH AND AT THE SAME LOCATION; CORRECT?

A T'M SORRY, YOU'RE HIGHLIGHTING THE LOWER PART. IS

THAT WHAT YOU MEANT?

Q I'M ASKING YOU TO LOOK AT THE SECOND BAR.

A ON THE TOP?

Q YES.

AND YOU DETERMINED THAT ONE OF THOSE THREE

NOTES WAS OF BOTH THE SAME PITCH AND AT THE SAME

LOCATION; CORRECT?

A SAME PITCH, SAME LOCATION, NOT SAME DURATION.

Q THE OTHER TWO NOTES THOUGH ARE BOTH AT -- SORRY.

REPEAT THAT.

THE OTHER TWO NOTES ARE BOTH AT THE SAME

11


1 LOCATION; CORRECT?2 A BUT NOT THE SAME PITCH, YES.3 Q OKAY. AND IN THE SECOND BAR, THE DOWN BEAT OF BOTH

4 SONGS SHOW AN "A"; CORRECT?5 A ACTUALLY, THAT'S NOT TRUE BECAUSE THE TOP ONE IS

6 TIED FROM THE PREVIOUS MEASURE. AND SO IT'S NOT

7 PLAYED. IT'S PLAYED ON THE END OF THE "4." AND IN THE

8 BOTTOM, IT'S PLAYED ON THE END OF THE "4" AND THE DOWN

9 BEAT.10 Q SO YOU DISAGREE THAT, IN THE SECOND BAR, THE DOWN

11 BEAT OF BOTH SONGS SHOW AN "A"?12 A I DISAGREE THAT THEY ARE SOUNDING AT THE SAME TIME.

13 Q I WOULD LIKE YOU TO ANSWER MY QUESTION.

14 A YES, THEY ARE --15 THE COURT: EXCUSE ME.

16 MR. MILLER: ARGUMENTATIVE.

17 THE COURT: CORRECT.18 READ THE QUESTION, PLEASE.

19 (RECORD READ)

20 THE COURT: DO YOU UNDERSTAND THE QUESTION?

21 THE WITNESS: YES.

22 THE COURT: YOU MAY ANSWER.

23 THE WITNESS: YES.

24 BY MR. BUSCH:25 Q LET ME -- WE HAVE A DOUBLE NEGATIVE THAT I WANT TO

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CLEAR UP.WOULD YOU AGREE WITH ME THAT, IN THE SECOND

BAR, THE DOWN BEAT OF BOTH SONGS SHOW AN "A"?

A YES.

Q THANK YOU.NOW, THAT "A" IN THE DOWN BEAT OF BAR TWO OF

BOTH SONGS IS THE SAME PITCH; CORRECT?

A YES.Q NOW, WHEN YOU WERE GOING THROUGH YOUR EXAMINATION

BY MR. MILLER, YOU DID NOT HIGHLIGHT THAT "A#" DID YOU?

A I DID NOT BECAUSE IT DOESN'T SOUND.Q OKAY. NOW, IN THE THIRD BAR, BOTH SONGS CONTAIN

THREE NOTES; CORRECT?

A CORRECT.Q ALL THREE OF THOSE NOTES ARE THE SAME LOCATION;

CORRECT?A THERE ARE THREE NOTES INDICATED, YES.

Q AT THE SAME LOCATION; CORRECT?

A YES. BUT ONE THAT DOESN'T PLAY AT THE SAME TIME.

Q WOULD YOU AGREE THE DOWN BEAT OF THE THIRD BAR OF

BOTH SONGS SHOWS THE SAME PITCH?

A YES.NO, I'M SORRY. CAN YOU -- THE -- YOUR -- THEY

SHOW AT THE SAME POINT, IF THAT'S WHAT YOU'RE ASKING.

YES.

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Q YOU DID NOT HIGHLIGHT THAT YESTERDAY IN YOUR

EXAMINATION BY MR. MILLER, DID YOU?A I'M I'M NOT SURE I'M UNDERSTANDING THE QUESTION.

THE COURT: RESTATE THE QUESTION, PLEASE.

BY MR. BUSCH:Q WOULD YOU AGREE THAT THE DOWN BEAT OF THE THIRD BAR

OF BOTH SONGS SHOWS THE SAME PITCH?

A YES.Q YOU DID NOT HIGHLIGHT THAT PITCH YESTERDAY IN THE

EXAMINATION BY MR. MILLER, DID YOU?MR. MILLER: OBJECTION, YOUR HONOR. ASKED AND

ANSWERED. THE CHART WAS HIGHLIGHTED.

THE COURT: OVERRULED.

YOU MAY ANSWER.THE WITNESS: I DID NOT BECAUSE IT'S NOT BEING

PLAYED.

BY MR. BUSCH:Q OKAY. IN THE FOURTH BAR, THE DOWN BEAT OF BOTH

BASS LINES IS AN "A"; CORRECT?

A CORRECT.Q AND THOSE "A'S" ARE THE SAME PITCH; CORRECT?

A CORRECT.Q AND YOU DID NOT HIGHLIGHT THAT PITCH EITHER IN YOUR

EXAMINATION BY MR. MILLER, DID YOU?

A FOR THE SAME REASON I'VE STATED BEFORE.

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Q OKAY. THE HIGHEST PITCH OF THE BASS LINE IN THE

FIRST FOUR BARS OF "BLURRED LINES" IS A "D"; CORRECT?

A I BELIEVE THAT'S A "B."Q OKAY. AND YOU WOULD AGREE THE HIGHEST PITCH OF THE

FIRST FOUR BARS OF "GOT TO GIVE IT UP" IS ALSO A "D";

CORRECT?A THAT IS CORRECT. IN A DIFFERENT PLACE.

Q AN "A" PITCH PRECEDES THE "D" IN THE "BLURRED

LINES" TRANSCRIPTION; CORRECT?GOING BACK TO THE "A" THAT WE SPOKE ABOUT A

MOMENT AGO WHERE I ASKED YOU IF THE "A" IS IN THE DOWN

BEAT OF BAR 2 OF BOTH SONGS IN THE SAME PITCH.DO YOU RECALL ME ASKING YOU THAT A MOMENT AGO?

A IT SHOWS AN "A," RIGHT.Q OKAY. AND WOULD YOU AGREE, MS. WILBUR, THAT IF THE

"A" DID NOT SOUND AS YOU JUST SAID A MOMENT AGO, THAT

THE TRANSCRIPTION WOULD SHOW A "REST," NOT A "TIE"?

A YOU'RE PLAYING THE NOTE ON THE END OR OF THE "4,"

AND YOU'RE HOLDING IT OVER TO THE SECOND BEAT IN THE

NEXT MEASURE. SO IT'S -- THAT'S THE WAY IT'S WRITTEN.

MR. BUSCH: I MOVE TO STRIKE, YOUR HONOR, AS

NONRESPONSIVE.THE COURT: READ THE QUESTION, PLEASE.

(RECORD READ)

THE COURT: DO YOU UNDERSTAND THE QUESTION?

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THE WITNESS: YES.

THE COURT: YOU MAY ANSWER.

THE WITNESS: YES.

BY MR. BUSCH:Q I BELIEVE I WAS TALKING TO YOU A SECOND AGO ABOUT

THE "D," AND THAT THE HIGHEST PITCH IN "BLURRED LINES"

AND IN "GOT TO GIVE IT UP" IN THE FIRST FOUR BARS ARE A

"D"; CORRECT?A THAT'S INCORRECT. IT'S A "B."

Q WHAT DID YOU SAY?

A IT'S A "B"?Q IN BOTH?

A IN IN BOTH.

Q OKAY.A I'M SORRY, YOU'RE ABSOLUTELY CORRECT. THAT IS A

"D."Q OKAY. SO LET'S GET THE RECORD AS CLEAR AS WE CAN.

YOU WOULD AGREE THAT THE HIGHEST PITCH OF THE

BASS LINE IN THE FIRST FOUR BARS OF BOTH "BLURRED

LINES" AND "GOT TO GIVE IT UP" IS A "D"; CORRECT?

A YES.Q AND YOU WOULD AGREE THAT AN "A" PITCH PRECEDES THE

"D" IN THE "BLURRED LINES" TRANSCRIPTION; CORRECT?

A CORRECT.Q AND YOU WOULD AGREE THAT AN "A" PITCH ALSO PRECEDES

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THE "D" IN THE "GOT TO GIVE IT UP," EXHIBIT 248;

CORRECT?A YES, IN A DIFFERENT LOCATION.

Q OKAY. ALL RIGHT.YESTERDAY, MS. WILBUR, I BELIEVE YOU TESTIFIED

THAT YOUR VERSION THAT YOU CREATED OF "GOT TO GIVE IT

UP" HAD THE BASS LINE FROM EXHIBIT 248 IN IT; CORRECT?

A CORRECT.Q BUT YOU DID NOT INCLUDE THE BASS LINE IN THE

ENTIRETY OF YOUR VERSION; CORRECT?

A CORRECT.Q AND I BELIEVE YOU MENTIONED THIS A MOMENT AGO. YOU

DIDN'T INCLUDE THE BASS LINE IN THE PORTIONS OF YOUR

VERSION OF "GOT TO GIVE IT UP" WHERE YOU BELIEVED THE

CHORDS WOULD NOT FIT; CORRECT?

A CORRECT.Q NOW, THAT LEFT A SIGNIFICANT PART OF YOUR VERSION

OF "GOT TO GIVE IT UP" WITHOUT A BASS LINE; ISN'T THAT

TRUE?

A YES.Q YOU WOULD AGREE, MS. WILBUR, THAT YOU KNEW TO LEAVE

THE BASS LINE OUT OF THOSE PORTIONS OF "GOT TO GIVE IT

UP" LET ME REPHRASE THE QUESTION.YOU WOULD AGREE, MS. WILBUR, THAT YOU KNEW TO

LEAVE THE BASS LINE OUT OF THOSE PORTIONS OF "GOT TO

17


1 GIVE IT UP" BECAUSE YOU BELIEVED IT WOULD SOUND BADLY

2 IN COMBINATION WITH CERTAIN CHORDS IN "GOT TO GIVE IT

3 UP"; CORRECT?

4 A YES.5 Q YOU KNEW THAT BECAUSE OF YOUR MUSICAL TRAINING;

6 CORRECT?

7 A CORRECT.8 Q THERE'S NOTHING WITHIN THE FOUR CORNERS OF THE LEAD

9 SHEET WHICH STATES THE BASS LINE SHOULD NOT PLAY

10 THROUGHOUT THE ENTIRETY OF THE SONG; ISN'T THAT RIGHT?

11 A THAT'S CORRECT.12 Q INSTEAD, IN ORDER TO DECIDE TO LEAVE THE BASS LINE

13 OUT, YOU HAD TO COMBINE YOUR KNOWLEDGE AS A MUSICIAN

14 WITH WHAT IS ACTUALLY WRITTEN ON THAT PAGE; CORRECT?

15 A YES, I MADE SOME CHOICES.16 Q I WANT TO GO BACK TO THE "A" THAT WE SPOKE ABOUT A

17 MOMENT AGO.

18 A WHICH ONE?19 Q WHEN WE WERE TALKING ABOUT THE "A" IN THE DOWN BEAT

20 OF BAR 2 OF BOTH SONGS.21 DO YOU RECALL ME ASKING YOU ABOUT THAT A

22 MOMENT AGO?

23 A I DO.24 Q OKAY. WOULD YOU AGREE, MS. WILBUR, THAT THE "A"25 TIE IS IN BARS 1-2 AND 2-3, 3-4, 5-6 AND 7-8?

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A I DO.Q AND THE "A" IS TIED IN THOSE BARS AS THE DOWN BEAT;

CORRECT?A IT'S NOT A DOWN BEAT. IT'S TIED FROM THE END OF

THE "4" IN THE PREVIOUS BAR THROUGH TO THE SECOND BEAT

OF THE NEXT MEASURE.

Q OKAY.MR. BUSCH: LET'S SHOW NOW TRIAL EXHIBIT

383-2.

BY MR. BUSCH:Q THIS IS ANOTHER SLIDE THAT MR. MILLER SHOWED

YESTERDAY.DO YOU RECALL THAT?

A I DO.Q YOU CREATED THIS SLIDE; CORRECT?

A I DID.Q AND I SEE THAT YOU HAVE ONLY -- YOU HAVE ONLY

HIGHLIGHTED ONE NOTE IN THESE TWO BARS; IS THAT

CORRECT?

A THAT'S CORRECT.Q AND THIS IS, AS IT STATES AT THE TOP OF THE

DOCUMENT, THE SIGNATURE PHRASE FROM DEPOSIT COpy

COMPARED TO "BLURRED LINES" SIGNATURE PHRASE. THAT'S

WHAT YOU WROTE AT THE TOP OF THIS DOCUMENT; CORRECT?

A CORRECT.

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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 BY AN "F SHARP, 8TH" NOTE?

A YES.Q THE FIRST BAR OF "BLURRED LINES" ALSO CONTAINS AN

"E" PITCH FOLLOWED BY AN "F SHARP, 8TH" NOTE; CORRECT?

A IT DOES, BUT AT A DIFFERENT LOCATION.

Q OKAY. IN BOTH COMPOSITIONS, IMMEDIATELY FOLLOWING

THE "E, F SHARP, 8TH" NOTES, THERE'S AN "8TH" NOTE THAT

IS AN "A"; CORRECT?

A CORRECT.Q THE "E, F SHARP, A, 8TH" NOTES IN THE FIRST BAR OF

"BLURRED LINES" ARE FOLLOWED BY AN "8TH" NOTE; CORRECT?

A THERE'S -- IT'S FOLLOWED BY A QUARTER NOTE IN

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

THE "E, F SHARP, A, 8TH" NOTES IN THE FIRST

BAR OF "BLURRED LINES" ARE FOLLOWED BY AN "A" NOTE;

CORRECT?A OH, I'M SORRY. CORRECT.Q AND THE "E, F SHARP, A, 8TH" NOTES IN THE FIRST BAR

OF "GOT TO GIVE IT UP" ARE FOLLOWED BY A SUSTAINED "B"

NOTE; CORRECT?

A CORRECT.Q AFTER THAT "E, F SHARP, A" AND THE SUSTAINED "B"


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PITCH, "GOT TO GIVE IT UP" NEXT PLAYS AN "A" PITCH;

CORRECT?

A CORRECT.Q AND AFTER THE "A" PITCHES IN BOTH "BLURRED LINES"

AND "GOT TO GIVE IT UP," THE COMPOSITIONS BOTH PLAY AN

"E" PITCH; CORRECT?A CORRECT. NOT THE SAME DURATION.Q OKAY. AND THE "E" PITCH IN BOTH COMPOSITIONS IS AT

THE SAME LOCATION; CORRECT?A YES. IT'S STARTS AT THE SAME TIME.

Q AND STARTING WITH THE "E, F SHARP" AND "A," BOTH

"BLURRED LINES" AND "GOT TO GIVE IT UP," FIVE OF THE

SIX STRUCK PITCHES ARE THE SAME; CORRECT?

A YES, BUT IN COMPLETELY DIFFERENT PLACES.

Q OKAY. AND THOSE PITCHES ARE IN THE SAME ORDER;

CORRECT?A AFTER THE FIRST THREE, THEY'RE NOT IN THE SAME

ORDER.Q THEY'RE BOTH "E, F SHARP" AND "A"?

A RIGHT.Q AND BOTH "BLURRED LINES" AND "GOT TO GIVE IT UP,"

FIVE OF THE SIX STRUCK PITCHES THEREAFTER ARE THE SAME;

CORRECT?

A YES.

Q OKAY.


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A NO. NO, BECAUSE THE "A" IS PLAYED TWICE IN

"BLURRED" FOLLOWED BY THE "E." SO ON THE "GIVE," YOU

HAVE "E, F SHARP, A, B, A, E."ON THE BOTTOM, YOU HAVE "E, F SHARP, A, A, A,

E." SO THERE'S AN EXTRA NOTE IN THERE.

I'M SORRY. I'M SORRY, YES.

Q SO I AM CORRECT?

A YES.Q OKAY. AND THOSE PITCHES BEGIN IN THE FIRST BAR AND

CONTINUE INTO THE SECOND BAR; CORRECT?

A CORRECT.Q AND WOULD YOU AGREE THAT THE SECOND BAR OF BOTH

COMPOSITIONS AS SHOWN HERE CONTAIN A MELISMA?

A THEY DO.Q AM I CORRECT THAT THE MELISMA IN "GOT TO GIVE IT

UP" HAS THREE NOTES?

A YES.Q WOULD YOU AGREE THAT THE FIRST TWO PITCHES OF THE

MELISMA IN "GOT TO GIVE IT UP" ARE "A" AND "E"?

A IN DIFFERENT PLACES, BUT, YES.

Q AND THE FIRST TWO PITCHES OF THE MELISMA OF

"BLURRED LINES" ARE ALSO "A" AND "E"; CORRECT?

A IN A DIFFERENT RHYTHM COMPLETELY.

Q BUT THE ANSWER TO MY QUESTION IS?

A YES.

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Q OKAY. AND TWO OF THE THREE PITCHES IN THE MELISMA

OF "GOT TO GIVE IT UP" APPEAR IN THE MELISMA OF

"BLURRED LINES"; CORRECT?

A CORRECT.

Q OKAY.MR. BUSCH: LET'S GO TO THE NEXT TRIAL EXHIBIT

363-2.

BY MR. BUSCH:Q ARE YOU WITH ME, MS. WILBUR?

A I AM.Q OKAY. DO YOU RECOGNIZE THIS AS A LYRIC SHEET FOR

THE SONG "BLURRED LINES"?

A I DO.Q HOW MANY TIMES DO THE LYRICS "GOOD GIRL" APPEAR IN

"BLURRED LINES"?A IF YOU COULD GO DOWN TO THE CHORUS?

I CAN ACTUALLY LOOK HERE.

I THINK "GOOD GIRL" APPEARS SIX TIMES.

Q OKAY. AND HOW MANY TIMES DOES -- DO THE LYRICS

"BLURRED LINES" APPEAR IN "BLURRED LINES"?

A I BELIEVE THREE TIMES.

Q OKAY.A WITH A REPEAT OF THE CHORUS.Q WELL, LOOKING AT THE LYRICS, MS. WILBUR, YOU'LL SEE

THAT THE FIRST CHORUS "GOOD GIRL" APPEARS THREE TIMES.


1 DO YOU SEE THAT?

2 A RIGHT.3 Q AND THEN DO YOU SEE ON PAGE 2, THERE'S A SECOND

4 CHORUS?5 A AND IT REPEATS THOSE THREE TIMES.

6 Q SO THAT WOULD BE SIX.7 AND THEN DO YOU SEE THERE'S A THIRD CHORUS?

8 A IT DOES.9 Q SO THE THREE REFERENCES TO "GOOD GIRL" WOULD REPEAT

10 THERE. SO THERE ARE NINE ACTUAL REFERENCES TO "GOOD

11 GIRL" IN "BLURRED LINES"; CORRECT?

12 A CORRECT.13 Q OKAY. DO YOU BELIEVE, MS. WILBUR, THAT IF THE

14 MELODY OF ONE SONG CAN BE PLAYED ON THE CHORD

15 PROGRESSION OF ANOTHER SONG AND VICE VERSA, THAT SHOWS

16 SIMILARITIES BETWEEN THE SONGS?

17 A I COMPLETELY DISAGREE WITH THAT.18 Q OKAY. AND, IN FACT, YESTERDAY YOU TESTIFIED THAT

19 YOU WERE UNAWARE OF ANYONE IN A CASE LIKE THIS EVER

20 PLAYING OVERLAY OR MASH-UPS OF ONE SONG OVER ANOTHER TO

21 SHOW SIMILARITY; CORRECT?

22 A I BELIEVE I SAID THAT, YES.23 Q OKAY. ISN'T IT TRUE THAT YOU YOURSELF DID THAT IN

24 ONE OF THE CASES THAT YOU TESTIFIED ABOUT IN THE PAST?

25 A I DON'T RECALL.

24


1 Q OKAY. I WOULD LIKE TO DIRECT YOUR ATTENTION,

2 MS. WILBUR, TO THE AFFIDAVIT THAT YOU GAVE.3 THE COURT: TO WHAT EXHIBIT ARE YOU REFERRING?

4 1721?5 MR. BUSCH: I'M PULLING IT UP, YOUR HONOR. I

6 APOLOGIZE.7 OKAY. 507.

8 BY MR. BUSCH:9 Q THIS IS FROM -- THIS IS EXHIBIT 507 AND FROM THE

10 BOURNE DECLARATION THAT WE DISCUSSED YESTERDAY. THE

11 BOURNE CASE THAT YOU SAID YOU TESTIFIED IN AND GAVE AN

12 AFFIDAVIT?

13 A CORRECT.14 Q OKAY. I'M REFERENCING NOW PARAGRAPH 45.

15 THE COURT: IT'S IN BOOK VOLUME 15.

16 BY MR. BUSCH:17 Q IT'S ON PAGE 13 OF YOUR DECLARATION.

18 A YOU'RE TALKING ABOUT PAGE 13, NUMBER 45?

19 Q YES.20 DO YOU SEE WHERE YOU SAID IN YOUR DECLARATION,

21 "INDEED, EXCEPT FOR MEASURES 21 AND 22 IN THE 'B'22 SECTION OF JEW" I'M SORRY, THAT'S THE LANGUAGE

23 THAT'S USED IN THE DECLARATION -- "ALL OF 'STAR' CAN BE

24 SUNG USING THE CHORDS FOUND IN THAT SONG AND VICE

25 VERSA."

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DO YOU SEE THAT?A YES. BUT I NEVER DID A MASH-UP. NEVER DID A

MASH-UP.

Q OKAY.A LET ME ALSO CLARIFY THAT --

THE COURT: EXCUSE ME, THERE'S NO QUESTION

PENDING.

BY MR. BUSCH:Q ALL I'M ASKING YOU --

THE COURT: NEXT QUESTION, PLEASE.

BY MR. BUSCH:Q THAT IS YOUR STATEMENT IN YOUR DECLARATION;

CORRECT?

A YES.MR. MILLER: OBJECTION.THE COURT: IT'S CUMULATIVE. SUSTAINED.

BY MR. BUSCH:Q YESTERDAY, MS. WILBUR, YOU REMEMBER TESTIFYING

ABOUT MUSICAL ARRANGEMENTS; CORRECT?

A CORRECT.Q AND YOU TESTIFIED THAT, I BELIEVE, TONY BENNETT OR

FRANK SINATRA OR THE ROLLING STONES COULD PLAY A COVER

VERSION OF "GOT TO GIVE IT UP"; CORRECT?

A YES.Q AND YOU ALSO TESTIFIED THAT A FOLK VERSION OF "GOT


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TO GIVE IT UP" COULD BE RECORDED; CORRECT?

A YES.Q NOW, A VERSION OF "GOT TO GIVE IT UP" BY THE

ROLLING STONES OR A VERSION OF "GOT TO GIVE IT UP" BY

TONY BENNETT MIGHT SOUND VERY DIFFERENT; CORRECT?

A YES.Q BUT BOTH VERSIONS, ONE BY THE ROLLING STONES AND/OR

ONE BY TONY BENNETT, WOULD BE RECOGNIZABLE AS "GOT TO

GIVE IT UP"; CORRECT?MR. MILLER: OBJECTION. CALLS FOR

SPECULATION.THE COURT: DO YOU UNDERSTAND THE QUESTION?

THE WITNESS: CAN YOU REPEAT THE QUESTION?

BY MR. BUSCH:Q YOU AGREE THAT WHETHER THE ROLLING STONES COVER OF

"GOT TO GIVE IT UP" OR TONY BENNETT DOES, THE SONG

WOULD STILL BE RECOGNIZABLE AS "GOT TO GIVE IT UP";

CORRECT?INCOMPLETE HYPOTHETICAL.

SUSTAINED AS FRAMED.MR. MILLER:

THE COURT:

BY MR. BUSCH:Q NOW, YOU WORK ON LICENSING COMPOSITIONS AT THE

ADVERTISING AGENCY?A AT THE ADVERTISING AGENCY, YES, AND AFTERWARD.

Q IN THE HYPOTHETICAL THAT YOU DREW ON EXAMINATION BY


1 MR. MILLER, YOU WOULD AGREE THAT IF THE ROLLING STONES

2 OR TONY BENNETT WANTED TO COVER, RE-RECORD "GOT TO GIVE

3 IT UP," THEY WOULD NEED A LICENSE TO DO SO; CORRECT?

4 THE COURT: SUSTAINED. IT'S NOT GERMANE TO

5 HER OPINIONS.

6 BY MR. BUSCH:7 Q YOU'RE NOT SUGGESTING BY WHAT YOU SAID YESTERDAY ON

8 DIRECT EXAMINATION BY MR. MILLER THAT THOSE PARTIES

9 COULD SIMPLY DO THEIR OWN VERSION OF "GOT TO GIVE IT

10 UP" WITHOUT NEEDING A LICENSE TO DO SO, WERE YOU?

11 THE COURT: SUSTAINED. IT'S OUTSIDE THE AREA

12 OF HER EXPERTISE.13 MR. BUSCH: IT WAS OPENED BY HIS EXAMINATION.

14 THE COURT: SUSTAIN THE OBJECTION.

15 PLEASE LIMIT YOUR QUESTIONS TO MUSICAL

16 ISSUES.

17 BY MR. BUSCH:18 Q I WANT TO JUST GO BACK FOR A MOMENT TO SOMETHING I

19 WAS ASKING YOU ABOUT ABOUT THE DOWN BEAT "A" THAT WE

20 SPOKE ABOUT.21 DO YOU RECALL THAT?

22 A I DO.23 Q OKAY. WOULD YOU AGREE THAT THE DOWN BEAT "A"

24 SOUNDS ON EVERY DOWN BEAT OF BARS 1 THROUGH 8 OF THE

25 DEPOSIT COPY, EXHIBIT 248?

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MR. MILLER: OBJECTION. VAGUE, YOUR HONOR.


THE WITNESS: I DO.


THE WITNESS: IT DOESN'T START AT THE SAME

PLACE, BUT IT DOES RING THROUGH.

BY MR. BUSCH:

Q OKAY. AND YOU AGREE THAT THE DOWN BEAT "A" IS TIED

9 IN BARS 2, 3, 4, 6 AND 8; IS THAT CORRECT?

10 YES. SO IT DOESN'T START ON THAT DOWN BEAT INA

11 THOSE MEASURES.

13 NOT AS A TIE, BUT INDEPENDENTLY IN BARS 1, 5 AND 7?

16 "YES"?

19 THERE, THE COMPARISON?

20 BY MR. BUSCH:

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WOULD YOU AGREE THAT THE DOWN BEAT "A" IS SOUNDEDQ

A

Q

I'D HAVE TO SEE THE CHART AGAIN, BUT, YES.

DO YOU WANT TO SEE THE CHART, OR ARE YOU SAYING

29

A I NEED TO SEE THE CHART.MR. BUSCH: COULD YOU PUT EXHIBIT 248 BACK UP

Q

A

Q

A

Q

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 THE QUESTION?

SURE. I'LL BE HAPPY TO.


1 WOULD YOU AGREE THAT THE DOWN BEAT "A" IS

2 SOUNDED NOT AS A TIE, BUT INDEPENDENTLY IN BARS 1, 5

3 AND 7?4 A I DISAGREE. IT SOUNDS ON -- IN THE ONE MEASURE.

5 BUT IN 5 AND 7, ONE IS AN "A" AND ONE IS AN "E." AND

6 IN BAR 7, ONE IS AN "A" AND ONE IS AN "E."

7 Q OKAY. THANK YOU.8 ALL RIGHT. I JUST HAVE A LITTLE BIT FOR YOU,

9 MS. WILBUR.10 I WANT TO TALK TO YOU ABOUT WHAT'S BEEN

11 REFERRED TO AS THE "PARLANDO" SECTION IN "GOT TO GIVE

12 IT UP."13 IT IS YOUR VIEW THAT THE ELEMENTS OF A MUSICAL

14 COMPOSITION ARE MELODY, RHYTHM, HARMONY, STRUCTURE AND

15 LYRICS; CORRECT?

16 A I DO.17 Q OKAY. AND WOULD YOU AGREE THAT WHEN YOU'RE

18 COMPARING TWO WORKS, LOOKING AT SIMILAR STRUCTURE

19 WITHIN THE WORK IS ONE OF THE FIRST THINGS YOU DO IN

20 ANALYZING SIMILARITY; CORRECT?

21 A I LOOK AT THE WHOLE SONG, YES.22 Q ISN'T IT TRUE YOU LOOK AT STRUCTURE AS ONE OF THE

23 FIRST THINGS THAT YOU DO, IS LOOK AT THE STRUCTURE?

24 A IT'S NOT ALWAYS THE FIRST THING I DO, NO.

25 MR. BUSCH: I'D LIKE TO, YOUR HONOR, READ FROM

30


1 MS. WILBUR'S EXAMINATION AT --

2 THE COURT: WHICH DATE?3 MR. BUSCH: AUGUST DEPOSITION, PAGE 167, LINE

4 23 TO 168, LINE 13.5 THE COURT: ANY OBJECTION TO THAT BEING READ?

6 MR. MILLER: NO, YOUR HONOR.

7 THE COURT: YOU MAY READ THAT.

8 (VIDEO PLAYED IN OPEN COURT)9 MR. BUSCH: THAT'S NOT THE RIGHT CITE. CAN I

10 HAVE THE PAGE? I'LL JUST READ IT.

11 MR. MILLER: CAN WE NOT PUBLISH?12 THE COURT: ARE YOU GOING TO -- JUST READ THIS

13 PLEASE WITHOUT PUBLISHING. THE OBJECTION SHOULD NOT BE

14 READ. IT'S BEEN WAIVED.15 MR. BUSCH: OKAY. SO BEGINNING AT PAGE 167,

16 LINE 23, "QUESTION: THE FIVE ELEMENTS THAT YOU SAY

17 MUST BE COMPARED IN ORDER TO FULLY AND ACCURATELY

18 ANALYZE WHETHER ANY SUBSTANTIAL SIMILARITY EXISTS,

19 WOULD YOU AGREE THAT IT'S IMPORTANT TO COMPARE THOSE

20 ELEMENTS COLLECTIVELY AS A COLLECTIVE IN THE ENTIRE

21 WORK? QUESTION: AS OPPOSED TO INDIVIDUALLY? ANSWER:

22 WELL, YOU KNOW, STRUCTURE IS ITSELF HAS TO DEAL WITH

23 THE ENTIRE WORK. SO YOU ARE LOOKING AT THE ENTIRE WORK

24 AND PUTTING IT INTO A STRUCTURE. THAT'S ONE OF THE

25 FIRST THINGS YOU DO."

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BY MR. BUSCH:Q SO YOU WOULD AGREE THAT IN ANALYZING, COMPARING THE

STRUCTURE IS ONE OF THE FIRST THINGS THAT YOU DO?

A IN THIS KIND OF CASE, YES.Q OKAY. AND, MS. WILBUR, ISN'T IT TRUE THAT YOU

BELIEVE THAT IN ANALYZING TWO WORKS WITH RESPECT TO

STRUCTURE, THE RESPECTIVE LENGTH OF EACH SECTION THAT

ARE SIMILAR IS IMPORTANT TO ANALYZE?A LET ME -- LET ME CLARIFY. I -- LET ME JUST ANSWER.

THE LENGTH OF THE SECTION IS IMPORTANT. BUT THE FIRST

THING THAT I DO ALWAYS IS LOOK FOR SIMILARITY WELL

BEFORE STRUCTURE.Q OKAY. YOU DID SAY IN YOUR DEPOSITION TESTIMONY

THAT WE JUST HEARD THAT STRUCTURE WAS ONE OF THE FIRST

THINGS YOU DO?LET'S MOVE ON, PLEASE.

THAT'S FINE.THE COURT:

MR. BUSCH:

BY MR. BUSCH:Q SO THE ANSWER TO MY LAST QUESTION IS, THAT IN FACT,

YES, COMPARING RESPECTIVE LENGTH OF TWO SECTIONS THAT

ARE SIMILAR IS PART OF YOUR ANALYSIS?

MR. MILLER: ASKED AND ANSWERED.

THE COURT: SUSTAINED AS FRAMED.

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

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SOMETHING THAT YOU LOOK AT IN COMPARING TWO WORKS FOR

SIMILARITY?A AS ONE OF THE THINGS, YES.Q OKAY. IN FACT,MS. WILBUR, THE IDENTICAL LENGTH OF

SECTIONS OF TWO WORKS THAT WERE SIMILAR WOULD BE

SUPPORTING OF A FINDING OF SIMILARITY; ISN'T THAT

CORRECT?MR. MILLER: OBJECTION. INCOMPLETE

HYPOTHETICAL.THE COURT: DO YOU UNDERSTAND THE QUESTION?

THE WITNESS: I DO.

THE COURT: YOU MAY ANSWER.THE WITNESS: NO, THAT'S NOT TRUE BECAUSE 4-

AND 8-BAR SECTIONS ARE COMMON. AND IF THEY HAVE A

SIMILAR TEMPO, THEY'RE GOING TO LINE UP PRETTY --

PRETTY ACCURATELY. AND THAT'S NOT -- IT'S REALLY A

QUESTION OF WHAT'S SIMILAR IN THOSE SECTIONS THAT'S

IMPORTANT.

BY MR. BUSCH:Q MS. WILBUR, WE'RE GOING TO GO BACK TO YOUR SWORN

DECLARATION THAT YOU GAVE IN THE BOURNE CASE. AND I AM

LOOKING AT TRIAL EXHIBIT 507 AT PAGE 13. THIS IS YOUR

DECLARATION THAT YOU GAVE IN THAT CASE.

ARE YOU WITH ME?

A YES.


1 Q WOULD YOU PLEASE TURN TO PARAGRAPH 43, WHICH IS

2 PAGE 13 OF TRIAL EXHIBIT 507. AND DO YOU SEE WHERE YOU

3 STATED IN NOTING THE SIMILARITIES OF THE TWO SONGS THAT

4 EACH SECTION OF, QUOTE, UNQUOTE --5 MR. MILLER: YOUR HONOR, OBJECT TO READING --

6 THE COURT: I AGREE.

7 WHAT'S THE QUESTION?

8 BY MR. BUSCH:9 Q OKAY. DO YOU SEE WHERE YOU NOTED IN YOUR

10 DECLARATION THAT --11 MR. MILLER: SAME OBJECTION, YOUR HONOR.

12 THE COURT: JUST A MINUTE.

13 MR. MILLER: ASK HER WHAT PARAGRAPH

14 THE COURT: HAVE YOU READ PARAGRAPH 43?

15 THE WITNESS: I'M JUST READING IT.

16 THE COURT: ONE MOMENT, PLEASE.

17 (PAUSE IN THE PROCEEDINGS)

18 BY MR. BUSCH:19 Q YOU'VE READ PARAGRAPH 43?

20 A I HAVE.

21 Q DO YOU SEE WHERE22 THE COURT: JUST POSE YOUR QUESTION ABOUT THIS

23 CASE, PLEASE, IN LIGHT OF THIS.

24 BY MR. BUSCH:25 Q OKAY. IN LIGHT OF THIS PARAGRAPH MS. WILBUR, DO

34


1 YOU AGREE THAT THE IDENTICAL LENGTH OF TWO SECTIONS IS

2 RELEVANT IN COMPARING TWO WORKS FOR SIMILARITY?

3 A THIS WAS A VERY DIFFERENT CONTEXT.

4 THE COURT: READ THE QUESTION, PLEASE.

5 (RECORD READ)

6 THE WITNESS: IN SOME CASES.

7 BY MR. BUSCH:

8 Q THANK YOU.9 YOU YOURSELF HAVE USED THE TERM "MUSICAL

10 FINGERPRINT" IN OTHER CASES, HAVE YOU NOT?

11 A I HAVE.12 Q AND YOU UNDERSTAND THAT ONE OF MS. FINELL'S MUSICAL

13 FINGERPRINTS THAT SHE'S IDENTIFIED IN THIS CASE IS THE

14 PARLANDO RAPP SECTION OF "GOT TO GIVE IT UP" AND

15 "BLURRED LINES"; CORRECT?16 MR. MILLER: ARGUMENTATIVE.

17 THE COURT: NO. OVERRULED.18 MR. MILLER: YOUR HONOR, THERE'S A MOTION IN

19 LIMINE ON THIS.20 THE COURT: WELL--21 MR. MILLER: THIS FINGERPRINT.

22 THE COURT: LIMIT YOUR QUESTION TO THE

23 TESTIMONY THAT'S BEEN PROVIDED BY MS. FINELL, IF THE

24 WITNESS IS FAMILIAR WITH IT, OR ELSE STATE WHAT YOU

25 CONTEND IT WAS AND THEN BASE ON THAT HYPOTHETICAL,

35


1 POSE YOUR QUESTION, PLEASE.

2 BY MR. BUSCH:3 Q ARE YOU AWARE THAT MS. FINELL HAS TESTIFIED THAT

4 SHE BELIEVES THE RAPP PARLANDO SECTION OF "BLURRED

5 LINES" AND "GOT TO GIVE IT UP" IS A MUSICAL

6 FINGERPRINT?7 MR. MILLER: SAME OBJECTION, YOUR HONOR. I

8 DON'T BELIEVE -- SHE DIDN'T USE THAT WORD.

9 MR. BUSCH: SHE DID, YOUR HONOR.

10 THE COURT: DO YOU UNDERSTAND THE -- WHAT DO

11 YOU MEAN BY "FINGERPRINT," MR. BUSCH?12 MR. BUSCH: WHAT SHE BELIEVES IS --

13 THE COURT: NO. WHAT DO YOU MEAN?

14 MR. BUSCH: I'M USING IT IN THE SAME WAY THAT

15 MS. FINELL USED IT, WHICH IS TO MEAN INDICATIVE OF

16 SIMILARITIES BETWEEN THE TWO SONGS.17 THE COURT: DO YOU UNDERSTAND THAT DEFINITION?

18 THE WITNESS: RIGHT.

19 I DO NOT20 THE COURT: ONE SECOND.21 STATE YOUR QUESTION IN LIGHT OF THAT,

22 PLEASE.

23 BY MR. BUSCH:24 Q MY QUESTION IS, ARE YOU AWARE THAT MS. FINELL HAS

25 USED THAT TERM?

36


1 A YES.2 Q OKAY. AND YOU AGREE THAT PARLANDO IS USED TO

3 DESCRIBE A PIECE OF MUSIC THAT HAS AN ASPECT OF SPEECH

4 TO IT; CORRECT?

5 A YES.6 Q AND RAPP MUSIC INVOLVES SPOKEN RATHER THAN SUNG

7 WORDS; IS THAT CORRECT?

8 A CORRECT.9 Q OKAY. AND YOU AGREE THAT THE RAPP SECTION IN

10 "BLURRED LINES" STARTS AT BAR 73 OF "BLURRED LINES";

11 CORRECT?12 A I BELIEVE THAT'S CORRECT.

13 Q OKAY.14 A WAIT A MINUTE. NO, I'M SORRY. IT STARTS -- YES, I

15 THINK THAT IS CORRECT.16 Q AND YOU AGREE THAT IF WE WERE TO OMIT THE

17 INTRODUCTION TO THE PARLANDO, THE "UP, DOWN, SHAKE

18 AROUND" SECTION, THAT THE PARLANDO IN "GOT TO GIVE IT

19 UP" BEGINS AT BAR 73; CORRECT?20 A THERE IS NO PARLANDO IN MY ESTIMATION, SO, NO.

21 MR. BUSCH: I'D LIKE TO READ, YOUR HONOR, OR

22 PLAY FOR THE JURY MS. WILBUR'S TESTIMONY AT PAGE 453 OF

23 HER DEPOSITION TRANSCRIPT, LINE 18 TO 21.

24 THE COURT: WHICH DATE, PLEASE?

25 THIS IS DECEMBER 4; CORRECT?

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MR. BUSCH: SECOND ONE, DECEMBER 4, YOUR

HONOR.THE COURT: ANY OBJECTION TO THAT BEING READ?

MR. MILLER: HANG ON, YOUR HONOR.

I'D OBJECT. IT'S OUT OF CONTEXT AND

NON-IMPEACHING.THE COURT:

MR. MILLER:

DISCUSSION.THE COURT:

MR. BUSCH:

JUST A MINUTE.

FOLLOWING UP ON A PRIOR

JUST A MINUTE.I CAN GO BACK TO LINE 13, YOUR

HONOR.THE COURT: JUST A MINUTE.

(PAUSE IN THE PROCEEDINGS)THE COURT: I THINK THE CONTEXT REQUIRES THAT

YOU START ON PAGE 452.MR. BUSCH: OKAY.THE COURT: BUT I -- WITHOUT GOING BACK TO --

EXCUSE ME.JUST A SECOND.THE QUESTION IS -- LET ME TALK TO YOU

BRIEFLY. JUST VERY BRIEFLY.

(SIDEBAR)THE COURT: IF WE LOOK AT PAGE 452, THE

DISCUSSION THAT STARTS MIDWAY THROUGH THE PAGE I THINK


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GIVES THE CONTEXT. BUT IT IS ALSO USING DISCUSSIONS

THAT HAVE PREVIOUSLY OCCURRED. SO THE ISSUE IS,

WHETHER YOU THINK THAT IF YOU START IT ON LINE 19, IT

WOULD WORK EVEN THOUGH IT'S NOT GIVING THE PRECISE

CONTEXT?MR. MILLER: MY POINT IS THIS, SHE SAID

THERE'S NO PARLANDO. HE'S TRYING TO IMPEACH HER THAT

SHE SAID IT'S PARLANDO.

THE COURT:

MR. MILLER:

I UNDERSTAND THAT.HERE SHE SHORTHAND REFERENCES IT.

IT'S NOT ADMITTING --THE COURT: I UNDERSTAND. THAT'S WHY I SAID

"READ IT IN CONTEXT."BUT THE ISSUE IS, WHETHER STARTING HERE

WILL WORK BECAUSE THATFS NOT REALLY TELLING US WHAT THE

CONTEXT IS.MR. BUSCH: I'M FINE WITH STARTING IT THERE,

YOUR HONOR.THE COURT: JUST A MINUTE.

JUST START HERE. START HERE, PAGE 452,

LINE 19. IT'S NOT A PERFECT CONTEXT, BUT I THINK IT'S

SIMPLER THAN GOING BACK TWO MORE PAGES.

MR. BUSCH: OKAY.(THE FOLLOWING PROCEEDINGS WERE HELD IN

OPEN COURT IN THE PRESENCE OF THE JURY:)


1 THE COURT: ONE MOMENT PLEASE, MR. BUSCH.

2 MR. BUSCH: 453, LINE 21.3 THE COURT: ALL RIGHT. YOU MAY READ PAGE 452,

4 LINE 19 THROUGH 453, LINE 21.5 MR. BUSCH: THANK YOU, YOUR HONOR.

6 BY MR. BUSCH:7 Q OKAY. I'M GOING TO BEGIN, MS. WILBUR, AT PAGE 452,

8 LINE 19. AND I'M GOING TO GO TO --

9 A I DON'T HAVE THAT IN FRONT OF ME.

10 THE COURT: YOU DON'T NEED IT.

11 YOU MAY READ THE TESTIMONY.

12 MR. BUSCH: THANK YOU, YOUR HONOR.

13 BEGINNING AT 452, LINE 19, "QUESTION: I

14 WAS GOING BY THE PAGE NUMBERS THAT ARE WRITTEN.

15 ANSWER: GOT IT. GOT IT. OKAY. AND THIS WOULD BE ON

16 THE PAGE 3 OF PART ONE OF 'GOT TO GIVE IT UP,' THE

17 COPYRIGHT DEPOSIT. MS. FINELL HAS IDENTIFIED A

18 PARLANDO PART OF THIS. AND I DO NOT AGREE WITH HER

19 THAT THIS IS PARLANDO, NUMBER ONE. IF YOU NOTICE,

20 THERE WERE ALL NOTES WRITTEN OUT. AND I DON'T AGREE

21 WITH HER THAT THE SECTION STARTS AT MEASURE 73 BECAUSE

22 THE SECTION STARTS MEASURE 65. QUESTION: WHY -- WHY

23 DO YOU -- WHY DO YOU THINK IT STARTS AT 65 INSTEAD OF

24 73? ANSWER: IT'S INDICATED IN THE MUSIC WITH A DOUBLE

25 LINE. THAT'S WHAT A DOUBLE LINE MEANS. I DON'T SEE

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1 ANY DOUBLE LINE IN 73. QUESTION: WOULD THAT -- WOULD

2 65 BE THE INTRO TO THE PARLANDO? ANSWER: YES. THAT'S

3 WHERE YOU HEAR THE BACK-UP VOCAL THAT DR. MONSON SANG

4 YESTERDAY. QUESTION: AND THEN WHERE DO THE ACTUAL

5 PARLANDO BEGIN IF THE INTRODUCTION IS IN 65? ANSWER:

6 IF I'M NOT MISTAKEN, IT'S 73."

7 BY MR. BUSCH:8 Q SO, MS. WILBUR, WOULD YOU AGREE THAT IN BOTH

9 "BLURRED LINES" -- LET ME REPHRASE THE QUESTION.

10 IN "BLURRED LINES," THE RAPP SECTION STARTS AT

11 BAR 73; CORRECT?

12 A CORRECT.13 Q AND I UNDERSTAND THERE'S A DISAGREEMENT ABOUT

14 WHETHER THERE IS ACTUALLY A PARLANDO. I UNDERSTAND YOU

15 DON'T AGREE WITH THAT.16 BUT WOULD YOU AGREE THAT HAVING HEARD THAT,

17 THAT IF WE EXCISE OUT THE INTRODUCTION, AS YOU SAID,

18 THAT STARTS AT BAR 73?19 MR. MILLER: ASKED AND ANSWERED.

20 ARGUMENTATIVE.21 THE COURT: DO YOU UNDERSTAND THE QUESTION?

22 THE WITNESS: I DO.

23 THE COURT: YOU MAY ANSWER.24 THE WITNESS: I DO NOT AGREE. IF YOU NUMBERED

25 THE MEASURES FROM THE FIRST MEASURE OF "BLURRED LINES"

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INSTEAD OF THE SECOND ONE, IT WOULD ACTUALLY BE MEASURE

74 THAT THE RAPP SECTION STARTS IN "BLURRED LINES."

AND THE SECTION THAT IS THE BREAK SECTION STARTS AT

MEASURE 65, NOT 73. AND THERE IS NO PARLANDO SECTION,

IN MY OPINION, BECAUSE IT'S ALL SUNG.

BY MR. BUSCH:Q OKAY. YOU DID TESTIFY IN YOUR DEPOSITION IT WAS

BAR 73 THAT IT BEGAN; CORRECT?THE COURT: SUSTAINED. LET'S MOVE ON, PLEASE.

MR. BUSCH: ALL RIGHT.

BY MR. BUSCH:Q DOES THE SECTION THAT MS. FINELL IDENTIFIES AS THE

PARLANDO END AT BAR 88?A I DON'T HAVE IT IN FRONT OF ME. I'D HAVE TO LOOK.

Q OKAY.A I -- I DON'T BELIEVE THAT THERE'S A PARLANDO, SO I

CAN'T -- THE ANSWER IS, I DON'T AGREE.Q OKAY. YOU DON'T BELIEVE THAT THERE IS A SECTION IN

THE MARVIN GAYE SONG THAT HAS AN ASPECT OF SPEECH TO

IT?A THE ASPECT OF SPEECH THAT YOU'RE CLAIMING IS THE

REPETITION OF A "B" NOTE, IF I'M NOT MISTAKEN. AND

THERE ARE AT LEAST TWO OTHER SECTIONS BEFORE THAT PART

COMES IN WHERE THERE'S A REPEATED "B" NOTE AS WELL. SO

YOU COULD SAY THAT REPEATING THE "B" NOTE AS SUNG

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1 OCCURS BEFORE THIS. AND I WOULD NOT SEPARATE THIS OUT

2 AS SOMETHING THAT IS A PARLANDO BECAUSE IT'S ALL SUNG.

3 Q MS. WILBUR, ARE YOU SAYING THAT YOU DO NOT AGREE

4 THAT THE SECTION THAT MS. FINELL HAS IDENTIFIED AS THE

5 PARLANDO HAS AN ASPECT OF SPEECH TO IT?

6 A I DO NOT AGREE.7 Q OKAY. I WANT TO PLAY SOMETHING FOR YOU,

8 MS. WILBUR.9 THE COURT: WHAT EXHIBIT IS THIS, PLEASE?

10 MR. BUSCH: THIS IS EXHIBIT 376, PAGE 37.

11 THE COURT: IT'S EXHIBIT 376, PAGE 37?

12 MR. BUSCH: I'M GOING TO PLAY NOW THE THIRD

13 AUDIO EXAMPLE ON PAGE -- ON EXHIBIT 37614 THE COURT: WHAT PAGE IS THIS, PLEASE?

15 MR. BUSCH: PAGE 37, EXHIBIT 376, THE THIRD

16 MUSICAL EXAMPLE PRECEDED BY THE BRIDGE.

17 THE COURT: JUST A MOMENT, PLEASE.

18 MR. BUSCH: I'M SORRY, IT'S PAGE 38, NOT 37,

19 YOUR HONOR. I APOLOGIZE.20 THE COURT: THANK YOU.

21 (AUDIO PLAYED IN OPEN COURT)

22 BY MR. BUSCH:23 Q MS. WILBUR, YOU DO NOT AGREE THAT UP UNTIL MARVIN

24 GAYE SINGS "WHEN YOU ARE MOVING YOUR BODY, BABE," THAT

25 THE PRECEDING SECTION OF THAT SONG HAS AN ASPECT OF

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2

3 AND YOU DIDN'T SEE A DISTINCTION BETWEEN THE

1 SPEECH TO IT; IS THAT CORRECT?

THAT IS CORRECT. EVERY NOTE IS SUNG.A

Q

4 LYRICAL SINGING OF "WHEN YOU'RE MOVING YOUR BODY"

5 VERSUS WHAT PRECEDED IT AT ALL; CORRECT?

6 A IT'S PART OF THE SONG. IT'S SUNG. IT'S GOT

7 RHYTHM. I DID NOT SEE -- IT'S ALL PART OF THE BREAK

8 SECTION, SO IT'S -- IT'S ALL PART OF THE BREAK.

9 Q MS. WILBUR, YOU ARE TELLING THIS JURY THAT YOU DO

10 NOT HEAR

11 THE COURT: EXCUSE ME, MR. BUSCH. PLEASE JUST

12 POSE QUESTIONS.

13 BY MR. BUSCH:

14 Q YOU'RE SAYING, MS. WILBUR, THAT YOU DO NOT HEAR ANY

15 DISTINCTION IN THE SINGING OF "WHEN YOU'RE MOVING YOUR

16 BODY" VERSUS WHAT WE HEARD BEFORE? NO DISTINCTION AT

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2223 PHRASES ARE SHORTER AND MORE SEPARATE BEFOREHAND. BUT

24 THAT'S THE ONLY DIFFERENCE.

25 BY MR. BUSCH:

ALL; IS THAT RIGHT?

MR. MILLER: OBJECTION. VAGUE, YOUR HONOR.


THE WITNESS: YES. I MEAN, THERE ARE --


THE WITNESS: YES, THERE -- THERE -- THE

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Q THERE WAS NO ASPECT OF SPEECH IN WHAT YOU HEARD

BEFORE "WHEN YOU ARE MOVING YOUR BODY, BABE" VERSUS THE

"WHEN YOU'RE MOVING YOUR BODY" THAT WAS SUNG; IS THAT

RIGHT?A I DID NOT. IT WAS SUNG WITH RHYTHM, AND IT'S --

AND THESE ARE SUNG PASSAGES.Q OKAY. ALL RIGHT. I WANT TO NOW MOVE TO SOMETHING

THAT WE SPOKE ABOUT YESTERDAY -- YOU SPOKE ABOUT WITH

MR. MILLER YESTERDAY.THE WORD "PAINTING" -- THAT MS. FINELL REFERS

TO AS "WORD PAINTING"?

A CORRECT.MR. BUSCH: I'M GOING TO PUT ON THE BOARD,

YOUR HONOR, 376, PAGE 32.THE COURT: THANK YOU.

BY MR. BUSCH:Q IN "GOT TO GIVE IT UP," THERE ARE THE LYRICS "MOVE

IT UP, TURN IT ROUND, OOH, SHAKE IT DOWN."

DO YOU SEE THAT?

A I DO.Q IN "BLURRED LINES," THERE ARE THE LYRICS "SHAKE

AROUND, GET DOWN, GET UP"; CORRECT?

A YES.Q AND IN "GOT TO GIVE IT UP," THOSE LYRICS PRECEDE

THE SECTION THAT WE JUST HEARD, THAT WE HAVE A

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DISAGREEMENT ABOUT WHAT TO CALL IT. BUT THEY PRECEDE

THAT SECTION; CORRECT?

A CORRECT.Q IN "BLURRED LINES," THE PHRASE IS "SHAKE AROUND,

GET DOWN, GET UP"; CORRECT?

A CORRECT.Q AND THAT LYRICAL PHRASE OR THOSE PHRASES COME AFTER

THE RAPP SECTION IN "BLURRED LINES"; CORRECT?

A YES.Q OKAY. DO YOU AGREE THAT EACH OF THOSE SECTIONS

APPEAR IN WHAT CAN BE CALLED A "BRIDGE" OF EACH SONG?

A WHAT WE JUST SAW?

Q YES.

A A BREAK.Q OKAY. AND WOULD YOU AGREE THAT, IN BOTH SONGS, THE

LYRIC "DOWN" ENDS ON THE DOWN BEAT ON SCALE DEGREE 1 IN

BOTH SONGS?A I'D HAVE TO LOOK AT THE MUSIC TO SEE THAT.

DO YOU HAVE THE TRANSCRIPTION?

Q THE TRANSCRIPTION FROM "GOT TO GIVE IT UP" AND THE

TRANSCRIPTION FROM "BLURRED LINES"?A I JUST WANT TO LOOK AT THE DEPOSIT COPY, IF I MAY,

AND THE "BLURRED LINES" SHEET MUSIC SO I CAN BE SURE

ABOUT THAT. SO I HAVE TO FIND OUT WHERE THE DEPOSIT

COpy IS.


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Q EXHIBIT 248 IS THE DEPOSIT COPY. I CAN PUT IT ON

THE SCREEN.

A OKAY.Q ARE YOU WHERE YOU NEED TO BE, MS. WILBUR?

A I'M LOOKING. IT'S A LITTLE FURTHER.THE "DOWN" IS A MELISMA. AND IT STARTS ON THE

END OF "4" IN THE PREVIOUS BEAT AND ENDS ON THE DOWN

BEAT IN THE NEXT MEASURE.Q SO THE ANSWER TO MY QUESTION IS, YES, "DOWN" ENDS

ON THE DOWN BEAT; CORRECT?MR. MILLER: ARGUMENTATIVE.

THE COURT: SUSTAINED.

RESTATE YOUR QUESTION.

BY MR. BUSCH:Q OKAY. AND IN "BLURRED LINES," DOES THE WORD "DOWN"

END ON THE DOWN BEAT ON SCALE DEGREE 1?

A IT DOES IN A COMPLETELY DIFFERENT WAY.Q OKAY. AND WOULD YOU AGREE THAT, IN BOTH SONGS, THE

LYRIC "UP" IS THE END OF A STEP-WISE MELODIC ASCENT IN

BOTH SONGS?

A YES.Q OKAY. THANK YOU.

I WANT TO GO BACK FOR A MOMENT TO SOMETHING WE

WERE SPEAKING ABOUT EARLIER, THE BASS LINE COMPARISON.

YOU SAID THAT THERE WERE TWO DIFFERENT NOTES


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IN COMPARING BARS 5 TO 8 OF "GOT TO GIVE IT UP" WITH

"BLURRED LINES"; DO YOU RECALL THAT?

A THERE WERE TWO DIFFERENT NOTES.

Q TWO DIFFERENT NOTES IN COMPARING 5 TO 8 IN --

A CAN YOU PUT THAT BACK UP ON THE SCREEN?

Q SURE.IT'S 389-2. TRIAL EXHIBIT 389-2.

IT'S UP ON THE SCREEN, MS. WILBUR.

A OKAY.CAN YOU ASK THE QUESTION AGAIN?

Q YES, I CAN.YOU SAID THAT THERE WERE TWO DIFFERENT NOTES

IN COMPARING BARS 5 TO 8 OF "GOT TO GIVE IT UP" WITH

"BLURRED LINES"; IS THAT CORRECT?

A THAT'S CORRECT.Q OKAY. IF YOU COMPARED BARS 5 TO 8 OF "GOT TO GIVE

IT UP" DEPOSIT COpy TO "BLURRED LINES" BARS 1 THROUGH

4, EXCLUDING THE COUNT DOWN BAR, ISN'T THERE AN "A" ON

EVERY DOWN BEAT IN BOTH?MR. MILLER: OBJECTION. VAGUE, YOUR HONOR.


THE WITNESS: LET ME BE SURE I UNDERSTAND WHAT

YOU'RE SAYING. YOU'RE SAYING IN THE DEPOSIT COpy OF

"GOT TO GIVE IT UP," WHICH IS THE TOP LINE OF THE

BOTTOM GROUPING OF STAVES --


1 MR. BUSCH: LET ME REPEAT MY QUESTION.

2 BY MR. BUSCH:3 Q WOULD YOU AGREE THAT IF YOU COMPARED BARS 5 TO 8 OF

4 THE "GOT TO GIVE IT UP" DEPOSIT COpy TO "BLURRED LINES"

5 BARS 1 THROUGH 4, EXCLUDING THE COUNT DOWN BAR, THAT

6 THERE'S AN "A" ON EVERY DOWN BEAT IN BOTH?7 A NO, THERE IS NOT AN "A" ON EVERY DOWN BEAT IN BOTH.

8 AND I WILL SHOW YOU WHY. THIS NOTE IS TIED SO IT

9 ACTUALLY SOUNDS HERE (INDICATING). AND THIS NOTE IS

10 TIED, SO IT SOUNDS HERE (INDICATING). THAT'S NOT A

11 DOWN BEAT. THIS IS --12 THE COURT: STOP THERE.

13 NEXT QUESTION, PLEASE.

14 BY MR. BUSCH:15 Q MY QUESTION WASN'T, "IS IT A DOWN BEAT?"

16 WHAT I ASKED WAS, IS THERE AN "A" ON EVERY

17 DOWN BEAT?18 A THERE IS AN "A" THAT'S HELD OVER FROM THE PREVIOUS

19 MEASURE.20 Q OKAY. AND ISN'T THAT DOWN BEAT "A" THE SAME PITCH

21 IN BARS 1 THROUGH 4 AND 5 TO 8 OF "GOT TO GIVE IT UP"

22 AND "BLURRED LINES" RESPECTIVELY?

23 A WHEN TRANSPOSED TO THE SAME KEY, YES.24 Q OKAY. AND YOU AGREE THAT TRANSPOSING IS A COMMON

25 MUSICOLOGICAL TECHNIQUE; CORRECT?

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A ABSOLUTELY.Q OKAY. TRANSPOSING FROM ONE KEY TO ANOTHER;

CORRECT?A TO THE SAME KEY SO YOU CAN COMPARE THINGS.

Q SO THE ANSWER IS, "YES"?

A YES.Q OKAY. DO YOU AGREE WITH MS. FINELL THAT THE

DEPOSIT COpy IS A LEAD SHEET?

A NO.

Q WHY NOT?A A DEPOSIT COpy IS WHAT YOU PUT INTO THE COPYRIGHT

OFFICE TO -- THOSE PROTECTABLE ELEMENTS THAT YOU'RE

COPYRIGHTING.A LEAD SHEET IS OFTEN USED IN A STUDIO TO GIVE

BAND MEMBERS OR PEOPLE IN THE STUDIO SOMETHING TO

IMPROVISE ON.MR. BUSCH: YOUR HONOR, I MOVE TO STRIKE. SHE

GAVE A LEGAL OPINION.THE COURT: NO. IT'S RESPONSIVE.

THIS WITNESS IS NOT TESTIFYING AS TO

LEGAL ISSUES, LADIES AND GENTLEMEN.SO RESTATE -- NEXT QUESTION, PLEASE.

BY MR. BUSCH:Q OKAY. WOULD YOU AGREE THAT IF THE DOCUMENT THAT

WAS DEPOSITED IN THE COPYRIGHT OFFICE WAS JUST SEEN BY


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YOU AND YOU DID NOT KNOW WHETHER IT WAS DEPOSITED OR

NOT, THAT IT WOULD BE CONSIDERED A LEAD SHEET BY YOU?

A PROBABLY, YES.

Q THANK YOU.MR. BUSCH: CAN YOU PUT UP THE EXHIBIT 376?

BY MR. BUSCH:Q WOULD YOU PLEASE -- FIRST OF ALL, MS. WILBUR --

THE COURT: WHAT EXHIBIT ARE YOU SHOWING,

PLEASE?THIS IS EXHIBIT 376, SLIDE 2.

THANK YOU.MR. BUSCH:

THE COURT:

BY MR. BUSCH:Q WOULD YOU AGREE, MS. WILBUR, THAT IN "GOT TO GIVE

IT UP," THE BASS AND KEYBOARD INTERLOCK RHYTHMICALLY

AND HARMONICALLY?MR. MILLER: OBJECTION. VAGUE, YOUR HONOR.


THE WITNESS: YOU'RE TALKING ABOUT THE

RECORDING?MR. BUSCH: LET ME REPHRASE THE QUESTION, YOUR

HONOR.LET'S PLAY --

THE COURT: WHAT ARE YOU PLAYING, PLEASE?

MR. BUSCH: I'M GOING TO PAGE 376, SLIDE TWO,

FIRST, THE EDITED AUDIO CLIP FROM THE "GOT TO GIVE IT


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UP" RECORDING OF THE BASS MELODY AND KEYBOARD PARTS

BARS 1 THROUGH 8.(AUDIO PLAYED IN OPEN COURT)

BY MR. BUSCH:Q NOW, THE "BLURRED LINES" BASS MELODY KEYBOARD

PARTS, ALSO BARS 1 THROUGH 8.(AUDIO PLAYED IN OPEN COURT)

BY MR. BUSCH:Q OKAY. MS. WILBUR, THESE ARE EDITED AUDIO CLIPS

THAT MS. FINELL HAS PREPARED AND SHE SAYS IS IN THE

DEPOSIT COPY. I UNDERSTAND THAT THE PARTIES HAVE A

DISAGREEMENT ABOUT THAT.MY QUESTION TO YOU IS, WOULD YOU AGREE THAT

THE BASS AND KEYBOARD THAT WE JUST HEARD FROM "GOT TO

GIVE IT UP" INTERLOCK RHYTHMICALLY AND HARMONICALLY?

A ON THE RECORDING, THEY -- THEY ARE SOMEWHAT LIKE

THAT. ALTHOUGH, THE BASS NOTES IN THIS EXHIBIT ARE

MUCH SHORTER THAN THEY APPEAR IN THE DEPOSIT COPY.

Q OKAY. AND WOULD YOU AGREE THAT IN "BLURRED LINES,"

THE BASS LINE AND KEYBOARD INTERLOCK RHYTHMICALLY AND

HARMONICALLY?A IN A DIFFERENT WAY.

Q BUT THEY DO?A IN THE RECORDED VERSIONS OF BOTH SONGS.

Q OKAY. AND WOULD YOU AGREE THAT IN "BLURRED LINES,"


1 THAT THE KEYBOARD COMPLETES SOME OF THE BASS LINE

2 NOTES -- LET ME REPHRASE THE QUESTION.3 IN "BLURRED LINES," WOULD YOU AGREE THAT THE

4 KEYBOARD COMPLETES SOME OF THE BASS LINE NOTES IN THE

5 DESCENDING PARTS INSTEAD OF THE BASS LINE ITSELF

6 COMPLETING ITSELF?7 MR. MILLER: OBJECTION. VAGUE.8 THE COURT: DO YOU UNDERSTAND THE QUESTION?

9 THE WITNESS: NO, I DON'T, ACTUALLY.

10 THE COURT: RESTATE IT, PLEASE.11 MR. BUSCH: OKAY. I'LL WITHDRAW THE QUESTION.

12 BY MR. BUSCH:13 Q WOULD YOU AGREE THAT THE KEYBOARD AND BASS RUNS

14 THROUGHOUT "GOT TO GIVE IT UP"?15 MR. MILLER: OBJECTION, YOUR HONOR.

16 THE COURT: SUSTAINED.17 THIS IS CUMULATIVE. IS THERE -- MOVE TO

18 A NEW AREA, PLEASE.19 MR. BUSCH: WOULD YOU PUT UP THE ALBUM CREDITS

20 FOR "GOT TO GIVE IT UP."

21 BY MR. BUSCH:22 Q THIS IS EXHIBIT 500. AND I WANT TO SHOW YOU THE

23 CREDITS.24 MR. KING: CAN HE PLEASE NOT PUBLISH THAT,

25 YOUR HONOR?

53


1 MR. BUSCH: IT'S AN EXHIBIT THAT YOUR HONOR

2 HAS RULED ON3 THE COURT: I UNDERSTAND.

4 YOU MAY PUBLISH IT.

5 MR. BUSCH: THANK YOU.6 THE COURT: THIS ISN'T IN THIS BOOK. THERE

7 WAS ONE PAGE AT ISSUE, I BELIEVE.8 MR. MILLER: WE HAVEN'T SEEN THIS BACK PAGE.

9 THE COURT: THIS ISN'T IN THE BOOK. THERE WAS

10 A PICTURE THAT WAS PREVIOUSLY PUBLISHED OF AN ALBUM

11 COVER.12 MR. BUSCH: THE ALBUM WAS NOT TO BE PLAYED,

13 BUT THE ALBUM --14 THE COURT: EXCUSE ME. THE ALBUM COVER WAS

15 THE ONLY ISSUE THAT I THINK I HAVE ADDRESSED.

16 BY MR. BUSCH:17 Q DO YOU KNOW IF MARVIN GAYE CREDITED ON "GOT TO GIVE

18 IT UP" AS PLAYING THE KEYBOARD?19 MR. MILLER: OBJECTION. IRRELEVANT.

20 THE COURT: SUSTAINED.

21 BY MR. BUSCH:22 Q DO YOU AGREE THAT THE KEYBOARD COMPLETES THE

23 DESCENDING MELODY FOR THE BASS IN "BLURRED LINES"?24 MR. MILLER: OBJECTION. VAGUE, YOUR HONOR.

25 THE COURT: THIS IS CUMULATIVE.

54


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1 MR. BUSCH: ALL RIGHT. I BELIEVE THAT'S ALL

2 THAT WE HAVE.3 OKAY. THANK YOU, MS. WILBUR.4 THE COURT: THANK YOU, MR. BUSCH.

5 ANY REDIRECT?6 MR. MILLER: YES, YOUR HONOR.7 THE COURT: PLEASE PROCEED, MR. MILLER.8 REDIRECT EXAMINATION

9 BY MR. MILLER:10 Q MS. WILBUR, LET ME KNOW WHEN YOU'RE READY WITH THE

11 KEYBOARD.12 A THANK YOU.13 Q MR. BUSCH HAS QUESTIONED YOU FOR A COUPLE OF HOURS.14 NOW I WANT TO GO BACK OVER A FEW LITTLE POINTS FROM15 YESTERDAY, AND THEN WE'LL TALK ABOUT SOME OF THE MUSIC

16 ISSUES THAT CAME UP TODAY.

17 A OKAY.18 MR. BUSCH: YOUR HONOR, I OBJECT. CUMULATIVE.

19 THE COURT: PARDON?20 MR. BUSCH: I OBJECT. CUMULATIVE. HE SAID

21 HE'S GOING TO GO BACK OVER THINGS FROM YESTERDAY.22 THE COURT: I NEED TO HEAR THE QUESTIONS.

23 BY MR. MILLER:24 Q HAVE YOU EVER BEEN HIRED TO TRANSCRIBE A SOUND

25 RECORDING INTO SHEET MUSIC?


Blurred Lines Trial - transcript Exhibit I.pdf

Documents

Transcript of Blurred Lines Trial - transcript Exhibit I.pdf