IN THE COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT OF FLORIDA ORANGE COUNTY, FLORIDA

Transcription

1 IN THE COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT OF FLORIDA ORANGE COUNTY, FLORIDA TANYA TENNYSON V. BROADCAST MUSIC INC. ET AL Defendants CASE NUMBER: 01-CA #43 COVERPAGE - EXHIBIT A

2 IN THE COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT OF FLORIDA ORANGE COUNTY, FLORIDA TANYA TENNYSON V. BROADCAST MUSIC INC. ET AL Defendants CASE NUMBER: 01-CA #43 EVIDENCE LIST - EXHIBIT A EXHIBIT LIST Number Description Offering Party # 1 # # 3 # 4 # 5 3 # 6 3 # 7 # 8 # 9 Defendant Broadcast Music Inc. s Certificate of Interested Persons and Corporate Disclosure for Case # at US Court of Appeals, 11 th Circuit filed by Zachary D. Messa, attorney for the defendant. (Title at top of page referring to Superior Court of FL and date is a Misprint) Defendant Broadcast Music Inc. filed for Case # at US Court of Appeals, 11 th Circuit - Motion to Dismiss s Complaint, first page - (Title at top of page referring to Superior Court of FL and date is a Misprint) Defendant ASCAP Certificate of Interested Persons and Corporate Disclosure Statement for Case # 6:09-cv-1618-MSS-DAB filed at USDC, Orlando by Holland & Knight, LLP attorney Beau Baker for the defendant. Defendants Warner, Sony, Universal Music Group s Certificate of Interested Persons and Corporate Disclosure Statement, for Case # 6:09- cv-1618-mss-dab filed , USDC, Orlando by GrayRobinson, P.A. (attorneys for the defendants), Karen L. Stetson and Jonathan L. Gaines, Defendant, MPL Communications Certificate of Interested Persons and Corporate Disclosure Statement for Case # 6:09-cv-1618-MSS-DAB, filed at USDC, Orlando by GrayRobinson, P.A. (attorneys for the defendants), Karen L. Stetson and Jonathan L. Gaines, Defendant, The Royalty Network s Certificate of Interested Persons and Corporate Disclosure Statement for Case # 6:09-cv-1618-MSS-DAB, filed at USDC, Orlando by Anthony Motto, and James Hetz, (attorneys for the defendant) Defendant, EMI Music Publishing s Certificate of Interested Persons and Corporate Disclosure Statement for Case # 6:09-cv-1618-MSS-DAB, filed at USDC, Orlando by GrayRobinson, P.A. (attorneys for the defendants), Karen L. Stetson and Jonathan L. Gaines, Defendant ASCAP s Cover page of Answer Brief for Case # filed by Holland & Knight, LLP attorneys Frederick D. Page and Leland H. Kynes for the defendant. on at USCA, 11 th Circuit Defendant ASCAP s Certificate of Interested Persons and Corporate Disclosure Statement for Case # filed at USCA, 11 th Circuit by Holland & Knight, LLP attorneys Frederick D. Page and Leland H. Kynes for the defendant. # 10 Defendant ASCAP s Statement Regarding Oral Argument for Case # 10- Objection (Y/N) Admitted into Evidence (Y/N)

3 13711 filed by Holland & Knight, LLP attorneys Frederick D. Page and Leland H. Kynes for the defendant on at USCA, 11 th Circuit # 11 Defendant ASCAP s Table of Contents of Answer Brief for Case # filed by Holland & Knight, LLP attorneys Frederick D. Page and Leland H. Kynes for the defendant. on at USCA, 11 th Circuit # 1 Defendant MPL Communications, Universal Music Group, Warner Music Group Corp, Sony Music Entertainment, EMI Music Publishing s 3 (joindered) Certificate of Interested Persons and Corporate Disclosure Statement for Case # filed at USCA, 11 th Circuit by GrayRobinson, PA attorneys Karen L. Stetson and Jonathan L. Gaines for the defendant. # 13 Defendant Universal Music Group s letter to the pertaining to the songs of William J. Tennyson including Do Not Disturb, Fortune, Help Help Help, I m Just a Poor Bliind Fool, Just We Two, My Life is an Open Book, Ride 31 Miles for a Nickle, Seek, This Is The Time and The Place, Why Can t I Be Like Everyone Else./ snapshot of song titles from CD that UMG sent to the. # 14 Defendant Windswept s letter to the regarding copyright ownership and Bill Tennyson s songwriters agreements for the songs Hy Wocky Toomba, A Hundred Million Lies, Old Man Boogie, We re Strollin, and Your Love. # 15 Defendant Warner Chappel Music s letter to the pertaining # 16 # 17 # 18 # 19 # 0 # 1 # # 3 # 4 to claims on behalf of the writer s of Cool Baby and Centerpiece. Defendant Cherio s (MPL Communications) letter to the regarding attachment of pdf files, copyright ownership of Mr. Tennyson s songs Bar Fly Blues, He s Coming Home To Stay, It s a Great Great Pleasure, Time Takes Care of Everything, and Too Many Women Blues. Defendant EMI Music Publishing s letter to the regarding copyright ownership of Mr. Tennyson s songs Loved One, (So Tired of) Waiting, It s Happening Baby, Kerosene, and You Know Who. FTC letter (Donald S. Clark, Secretary) to Counsel for Citigroup, Inc regarding investigation of the acquisition of EMI Music Publishing by Sony/ATV Music Publishing Defendant Harry Fox Agency letter from Warren Adler regarding research of the claim issues pertaining to the music of William J. Tennyson, Jr. Defendant Harry Fox Agency Listing of the songs of William Tennyson including Someone, You re a Memory, Bar Fly Blues, I m Beginning to Think You Care for Me, Salt Pork, West Virginia, Loved One, Getting Tired Tired Tired Defendant Harry Fox Agency Listing of the songs of William Tennyson including Hogwash, It s a Great Great Pleasure, Ride 31 Miles for a Nickle, My Life is an Open Book, The Strut, Why Can t I Be Like Everyone Else?, Defendant Broadcast Music Inc. s BMI s website listing of the repertoire of the songs of William Tennyson including Bar Fly Blues, Every Man to His Own Profession, He s Coming Home To Stay, Hogwash, Hundred Million Lies, A, Hy Wocky Toomba, I m Coming Home To Stay, I m On My Way to New Orleans, I Promise You, It s a Great Great Pleasure, It s Happening Baby, Nobody Could Tell You Nothing, Old Man Boogie, Rough Ridin, Seek, This Is The Time and The Place, Time Will Take Care of You, Too Many Women Blues, We re Strollin, You Know Who, and Your Love. Defendant ASCAP s letter from Legal Affairs/ Estates and Claims counsel Marty Majeske to the pertaining to designation of the as successor to the ASCAP member-ship of the late William J. Tennyson Defendant ASCAP s letter to from ASCAP s V.P. of Business Affairs, Ellen Meltzer-Zahn pertaining to transfer/registration of 1 songs in the BMI repertoire of the late William J. Tennyson, Jr., to ASCAP (for consolidation purposes) # 5 Defendant ASCAP s letter from Legal Affairs/ Estates and Claims counsel

4 Marty Majeske to the pertaining to ASCAP sending files from Estates and Claims to the in reference to the ASCAP membership of the late William J. Tennyson, Jr. # 6 Defendant ASCAP s Repertoire of the songs of William J Tennyson Jr including Cool Baby, Every Man to His Own Profession, Getting Tired Tired Tired, Hogwash, I Ain t Hurtin, I m Beginning to Think You Care for Me, Kerosene, Oil Well Texas, Proud of You, Ride Thirty One Miles for a Nickle, Rough Ridin, Salt Pork West Virginia, Someone, You re a Memory. # 7 ASCAP Rules Excerpt -.8 Claims Against ASCAP Members Works # 8 # 9 # 30 # 31 # 3 # 33 # 34 # 35 # 36 # 37 # Disputed Claims Between ASCAP Members Defendant ASCAP s letter from Repertory Department Manager Andrew Rodriguez to the pertaining to notifications to ASCAP publishers of dispute claims and updated works in the ASCAP repertoire of the late William J. Tennyson, Jr., including Every Man To His Own Profession, Salt Pork West Virginai, Oil Well Texas, Rough Ridin, and you re a Memory. ASCAP letter from DeDe Burns of Repertory Services to D. Bogart of (RYTVOC) MPL Communications regarding Renewal Term of Copyright Claim for William J. Tennyson, Jr. for the song Salt Pork West Virginia.and ASCAP letter from DeDe Burns of Repertory Services to D. Bogart of (PIC) MPL Communications regarding Renewal Term of Copyright Claim for William J. Tennyson, Jr. for the song Every Man to His Own Profession s letter to ASCAP legal representative Marty Majeske and Manager of Repertory Services, Andrew Rodriguez date pertaining to future royalties of William J. Tennyson, Jr., and request for a review of the credentials of the ASCAP publishers who renewed Mr. Tennyson s copyrights without the knowledge or permission of the Tennyson family Defendant ASCAP s Notification of Dispute Letter copy, dated December 19, 006, from Andrew Rodriguez, Repertory Department Manager to Larry Spier Music, Attn: Eric Konzelman regarding copyright claim on William Tennyson Jr. s song Getting Tired Tired Tired. Defendant ASCAP s Jan 8, 007 duplicate of notification letter dated December 19, 006, from Andrew Rodriguez, Repertory Department Manager to regarding ASCAP Writer s share / Publisher s share for the late William Tennyson Jr. s song Getting Tired Tired Tired. Defendant ASCAP s Jan 8, 007 duplicate of notification letter dated December 19, 006, from Andrew Rodriguez, Repertory Department Manager to regarding ASCAP Writer s share / Publisher s share for the late William Tennyson Jr. s song Getting I Ain t Hurtin. Defendant ASCAP s Notification of Dispute Letter copy, dated December 19, 006, from Andrew Rodriguez, Repertory Department Manager to Andrew Scott Inc. c/o BMG Songs regarding copyright claim on William Tennyson Jr. s song Someone. Defendant ASCAP s Jan 8, 007 duplicate of notification letter dated December 19, 006, from Andrew Rodriguez, Repertory Department Manager to regarding ASCAP Writer s share / Publisher s share for the late William Tennyson Jr. s song Someone. Defendant ASCAP s Jan 8, 007 duplicate of notification letter dated December 19, 006, from Andrew Rodriguez, Repertory Department Manager to regarding the enclosed information for the late William Tennyson Jr. s song I m Beginning To Think You Care. Defendant ASCAP s Notification of Dispute Letter copy, dated December 19, 006, from Andrew Rodriguez, Repertory Department Manager to Tennyson Jr. s song I m Beginning To Think You Care./ snapshot of ASCAP Writer s share / Publisher s share for the late William Tennyson

5 Jr. s song I m Beginning To Think You Care. # 39 Defendant ASCAP s Jan 8, 007 duplicate of notification letter dated December 19, 006, from Andrew Rodriguez, Repertory Department Manager to regarding the enclosed information for the late William Tennyson Jr. s song Ride Thirty One Miles for a Nickle. # 40 Defendant ASCAP s Notification of Dispute Letter copy, dated December 19, 006, from Andrew Rodriguez, Repertory Department Manager to Tennyson Jr. s song Ride Thirty One Miles for a Nickle../ snapshot of ASCAP Writer s share / Publisher s share for the late William Tennyson Jr. s song Ride Thirty One Miles for a Nickle. # 41 Defendant ASCAP s Jan 8, 007 duplicate of notification letter dated December 19, 006, from Andrew Rodriguez, Repertory Department Manager to regarding the enclosed information for the late William Tennyson Jr. s song Proud of You. # 4 Defendant ASCAP s Notification of Dispute Letter copy, dated December 19, 006, from Andrew Rodriguez, Repertory Department Manager to Tennyson Jr. s song Proud of You../ snapshot of ASCAP Writer s share / Publisher s share for the late William Tennyson Jr. s song Proud of You. # 43 Defendant ASCAP s Jan 8, 007 duplicate of notification letter dated December 19, 006, from Andrew Rodriguez, Repertory Department Manager to regarding the enclosed information for the late William Tennyson Jr. s song Kerosene. # 44 Defendant ASCAP s Notification of Dispute Letter copy, dated December 19, 006, from Andrew Rodriguez, Repertory Department Manager to Tennyson Jr. s song Kerosene../ snapshot of ASCAP Writer s share / Publisher s share for the late William Tennyson Jr. s song Kerosene. # 45 s letter to and from ASCAP legal counsel dated Aug. 8, 006, regarding ASCAP successors letters # 46 s letter to and from Defendant Broadcast Music Inc. s legal counsel (Assistant V.P. of Legal Affairs and Business Affairs, Gary Roth) dated April 19 and 0, 007, regarding release of claims and the licensing of attached BMI catalog of songs for William J. Tennyson, Jr. # 47 Defendant Broadcast Music Inc. s letter to the from legal counsel (Assistant V.P. of Legal Affairs and Business Affairs, Gary Roth) dated December 4, 006, regarding update of BMI records so that renewals of the songs in William J. Tennyson, Jr. s catalog are vested in his heirs. With plain text attachment for the participant affiliate share breakdown for the songs including Bar Fly Blues, Biggest Lie Ever Told, Cool Baby, :Do Not Disturb, Every Man to His Own Profession, Fortune, He s Coming Home To Stay, Hogwash, Hundred Million Lies, A, Hy Wocky Toomba, I m Coming Home To Stay, I m On My Way to New Orleans, I Promise You, It s a Great Great Pleasure, It s Happening Baby, My Life is An Open Book dy Could Tell You Nothing, Old Man Boogie, Rough Ridin, Seek, This Is The Time and The Place, Time Will Take Care of You, Too Many Women Blues, We re Strollin, You Know Who, and Your Love. # 48 Defendant The Royalty Network s collection letter (signed by Frank Liwall, President,) to Prize Music Inc. dated October 15, 003 in behalf of client William Tennyson, Jr. for the song Proud of You. # 49 PIC Corp./MPL Communications Statement of Royalties for the period 1/01/00 6/30/00 for Bill Tennyson s song Salt Pork West Virginia. # 50 Defendant The Royalty Network s royalty check written to William K. Tennyson and signed by Frank Liwall for the amount of $1,38.00, dated 1/6/004. # 51 Defendant PIC/RYTVOC s (MPL Communications) letter to the regarding attachment of pdf files, copyright ownership of Mr. Tennyson s songs Every Man to His Own Profession, and Salt Pork West Virginia. # 5 s letter to BMG s Nicholas Firth, Peter Brodsky, and Cathy

6 # 53 # 54 # 55 # 56 # 57 # 58 Nolan, dated Oct 5, 006 and reply from BMG dated October 10, 006 regarding the documents for the songs Centerpiece and Someone. s reply letter to BMG dated August 8, 006 regarding the request for documents for the songs Centerpiece and Someone. s letter to BMG dated August 8, 006 regarding the request for contact information for Andrew Scott, Inc. (for the songs Centerpiece and Someone ), and reply letter Defendant Andrew Scott, Inc. s representative handwritten correspondence letter to regarding enclosed documents for Centerpiece, including Bill Tennyson s songwriter s Agreement. Defendant Andrew Scott s copy of Bill Tennyson s/ Harry Edison s Songwriters Contract with Cathryl Music (Johnny Mathis) for the song Centerpiece, dated February 4 th, 1959, countersigned by Cathryl Music Publishing s attorney Morton Farber, modified after signing by H.E. s letter to David Renzer, Cindy Oliver, etc. at Universal Music Group pertaining to compensation from UMG. Reply correspondence on same page from UMG regarding statements and payments made to Harry Fox Agency for shares owned by Cherio / PIC Corp. (MPL Communications), representing William J. Tennyson, Jr. Defendant Universal Music Group s copy of mailing envelope for CD of documents to including Bill Tennyson s songwriter s agreements, copyrights and renewals, and sheet music. CERTIFICATE OF SERVICE On this 19th day of October, 01, a copy of the 1. Notice of Filing Amended Civil Cover Page to Show Primary Complaint is Malpractice. Notice of Filing Coverspage for Exhibit A 3. Notice of Filing for Exhibit A List of Evidence 4. Exhibit A Coverpage 5. Exhibit A List of Evidence 6. Notice of aaddendum to Requests to Waive Service of Summons 7. Motion for issuance of USM85 to serve Complaint and Waiver of Summons Requests to EMI Music Publishing for Case # 01-CA was ed by the to the following parties for distribution to all joindered MEMBERS, AFFILIATES, AND CO-DEFENDANTS as detailed in the Notice of Joinder that accompanied the complaint. (The documents listed in Exhibit A were attached to and mailed with the original Complaint on September 1 st, 01). Receiving parties are: 1. American Society of Composers, Authors and Publisher; ASCAP; FKoenigsberg@ascap.com,JLoFrumento@ascap.com EMatthews@ascap.com. Broadcast Music Inc.; GRoth@BMI.com, DBryant@BMI.com 3. The Harry Fox Agency; gchurgin@harryfox.com, msimon@harryfox.com 4. The Royalty Network; frank@roynet.com