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Pharrell Williams and Counter- Defendant More Water from Nazareth 11 Publishing, Inc

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Case 2:13-cv-06004-JAK-AGR Document 588 Filed 01/31/20 Page 1 of 119 Page ID #:16892 1 QUINN EMANUEL URQUHART & SULLIVAN, LLP Kathleen M. Sullivan (Bar No. 242261) 2 [email protected] 51 Madison Avenue, 22nd Floor 3 New York, NY 10010–1601 Telephone: (212) 849 7000 4 Facsimile: (212) 849 7100 5 Daniel C. Posner (Bar No. 232009) [email protected] 6 Alex Bergjans (Bar No. 302830) [email protected] 7 865 South Figueroa Street, 10th Floor Los Angeles, California 90017–2543 8 Telephone: (213) 443–3000 Facsimile: (213) 443–3100 9 Attorneys for Plaintiff and Counter- 10 Defendant Pharrell Williams and Counter- Defendant More Water From Nazareth 11 Publishing, Inc. 12 UNITED STATES DISTRICT COURT 13 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 14 PHARRELL WILLIAMS, an CASE NO. CV13–06004–JAK (AGRx) 15 individual; ROBIN THICKE, an individual; and CLIFFORD HARRIS, Hon. John A. Kronstadt, Ctrm 750 16 JR., an individual, DECLARATION OF DANIEL C. 17 Plaintiffs, POSNER IN SUPPORT OF PLAINTIFF AND COUNTER– 18 vs. DEFENDANT PHARRELL WILLIAMS’ AND COUNTER- 19 BRIDGEPORT MUSIC, INC., a DEFENDANT MORE WATER Michigan corporation; FRANKIE FROM NAZARETH PUBLISHING, 20 CHRISTIAN GAYE, an individual; INC.’S OPPOSITION TO MOTION MARVIN GAYE III, an individual; FOR RELIEF FROM AMENDED 21 NONA MARVISA GAYE, an JUDGMENT individual; and DOES 1 through 10, 22 inclusive, Date: April 27, 2020 Time: 8:30 a.m. 23 Defendants. Crtrm.: 750 24 Action Commenced: August 15, 2013 25 26 AND RELATED COUNTERCLAIMS. 27 28 Case No. CV13–06004–JAK (AGRx) DECLARATION OF DANIEL C. POSNER IN SUPPORT OF OPPOSITION TO MOTION FOR RELIEF FROM AMENDED JUDGMENT Case 2:13-cv-06004-JAK-AGR Document 588 Filed 01/31/20 Page 2 of 119 Page ID #:16893 1 DECLARATION OF DANIEL C. POSNER 2 I, Daniel C. Posner, declare as follows: 3 1. I am a member of the bar of the State of California and of this 4 Court, and a partner at Quinn Emanuel Urquhart & Sullivan, LLP, attorneys for 5 Plaintiff and Counter-Defendant Pharrell Williams (“Mr. Williams”) and Counter- 6 Defendant More Water From Nazareth Publishing, Inc. in this action. I make this 7 declaration of personal, firsthand knowledge, and if called and sworn as a witness, I 8 could and would testify competently hereto. 9 2. Attached hereto as Exhibit 1 is a true and correct copy of 10 excerpts of the transcript from the afternoon session of Day 1 of the trial in this case. 11 The transcript is available in its entirety at Dkt. 331. 12 3. Attached hereto as Exhibit 2 is a true and correct copy of 13 excerpts of the transcript from the morning session of Day 2 of the trial in this case. 14 The transcript is available in its entirety at Dkt. 349. 15 4. Attached hereto as Exhibit 3 is a true and correct copy of 16 excerpts of the transcript from the afternoon session of Day 2 of the trial in this case. 17 The transcript is available in its entirety at Dkt. 332. 18 5. Attached hereto as Exhibit 4 is a true and correct copy of 19 excerpts of the transcript from the afternoon session of Day 6 of the trial in this case. 20 The transcript is available in its entirety at Dkt. 338. 21 6. Attached hereto as Exhibit 5 is a true and correct copy of 22 excerpts of the transcript from the afternoon session of Day 7 of the trial in this case. 23 The transcript is available in its entirety at Dkt. 339. 24 7. Attached hereto as Exhibit 6 is a true and correct copy of a 25 transcript of Trial Exhibit 390, a video interview of Mr. Williams played by 26 Counterclaimants in Mr. Williams’ cross-examination at Dkt. 338, 137:19-21. 27 8. I have reviewed the GQ Magazine interview between Mr. 28 Williams and Rick Rubin, which was lodged as Exhibit A to the Declaration of -1- Case No. CV13-06004-JAK (AGRx) DECLARATION OF DANIEL C. POSNER IN SUPPORT OF OPPOSITION TO MOTION FOR RELIEF FROM AMENDED JUDGMENT Case 2:13-cv-06004-JAK-AGR Document 588 Filed 01/31/20 Page 3 of 119 Page ID #:16894 1 Richard Busch (Dkt. 577-4) and is available at 2 https://www.gq.com/video/watch/epic-conversations-pharrell-and-rick-rubin-have- 3 an-epic-conversation, in its entirety. For the Court’s convenience, colleagues in my 4 office have prepared a transcript of the entire interview which is attached hereto as 5 Exhibit 7. 6 9. Attached hereto as Exhibit 8 is a true and correct copy of the 7 cover of GQ Magazine’s November 2019 edition. 8 10. Attached hereto as Exhibit 9 is a true and correct copy of LIVE 9 NATION ENTERTAINMENT, Pharrell Williams’ Something in the Water Returns for 10 Year Two with an Expanded Art, Culture, and Music Festival Celebrating Virginia 11 Beach, October 14, 2019, 12 https://www.livenationentertainment.com/2019/10/pharrell-williams-something-in- 13 the-water-returns-for-year-two-with-an-expanded-art-culture-and-music-festival- 14 celebrating-virginia-beach/ (last visited Jan. 22, 2020). 15 11. Attached hereto as Exhibit 10 is a true and correct copy of Alicia 16 Keys Honors Pharrell Williams’ ‘Letter to My Godfather’ at Hollywood Film 17 Awards 2019, JUST JARED (November 4, 2019), 18 http://www.justjared.com/2019/11/04/alicia-keys-honors-pharrell-williams-letter-to- 19 my-godfathet-hollywood-film-awards-2019/ (last visited Jan. 31, 2020). 20 // 21 // 22 23 24 25 26 27 28 -2- Case No. CV13-06004-JAK (AGRx) DECLARATION OF DANIEL C. POSNER IN SUPPORT OF OPPOSITION TO MOTION FOR RELIEF FROM AMENDED JUDGMENT Case 2:13-cv-06004-JAK-AGR Document 588 Filed 01/31/20 Page 4 of 119 Page ID #:16895 1 12. Attached hereto as Exhibit 11 is a true and correct copy of 2 Matthew Ismael Ruiz, Watch Pharrell Perform ‘Letter to My Godfather’ on 3 Colbert,” December 5, 2019, PITCHFORK (December 5, 2019) 4 https://pitchfork.com/news/watch-pharrell-perform-letter-to-my-godfather-on- 5 colbert/ (last visited Jan. 22, 2020). 6 I declare under the laws of the United States that the foregoing is true and 7 correct. 8 Executed on Executed on January 31, 2020, at Los Angeles, CA. 9 10 11 Daniel C. Posner 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- Case No. CV13-06004-JAK (AGRx) DECLARATION OF DANIEL C. POSNER IN SUPPORT OF OPPOSITION TO MOTION FOR RELIEF FROM AMENDED JUDGMENT Case 2:13-cv-06004-JAK-AGR Document 588 Filed 01/31/20 Page 5 of 119 Page ID #:16896 EXHIBIT 1 CaseCase 2:13-cv-06004-JAK-AGR 2:13-cv-06004-JAK-AGR Document Document 331 588 Filed Filed 03/12/15 01/31/20 Page Page 1 of 6 85 of 119 Page Page ID #:8441 ID #:16897 1 1 UNITED STATES DISTRICT COURT 2 CENTRAL DISTRICT OF CALIFORNIA 3 --- 4 THE HONORABLE JOHN A. KRONSTADT 5 UNITED STATES DISTRICT JUDGE PRESIDING 6 7 Pharrell Williams, et al., ) 8 Plaintiffs, ) 9 ) 10 vs. ) Case No. 11 ) CV 13-06004-JAK(AGRx) 12 Bridgeport Music, Inc., et al., ) 13 Defendants. ) 14 ________________________________ ) 15 16 17 REPORTER'S TRANSCRIPT OF TRIAL PROCEEDINGS 18 Day 1 - P.M. Session 19 Los Angeles, California 20 Tuesday, February 24, 2015 21 22 Pamela A. Batalo, CSR, FCRR, RMR Official Reporter 23 Roybal Federal Building 255 East Temple Street 24 Room 181-I Los Angeles, California 90012 25 (213) 687-0446 Exhibit 1, Page 4 Case 2:13-cv-06004-JAK-AGR Document 331588 Filed 03/12/1501/31/20 Page 257 of of 119 85 Page ID #:16898 #:8465 25 1 Mr. Williams and those associated with Mr. Thicke and Williams 2 in creating and distributing Blurred Lines are liable for 3 copyright infringement. 4 The second issue is whether Mr. Thicke, in creating 5 his song Love After War, copied a portion of Marvin -- Marvin 6 Gaye's song After The Dance. And also whether therefore 7 Mr. Thicke and those associated with him and who distributed 8 Love After War are liable for copyright infringement. 9 I will prove to you in this case that the answer to 10 both questions is yes. 11 When Marvin Gaye died, his children became owners of 12 the songs he wrote. They are therefore the owners of the songs 13 Got To Give It Up and After The Dance. 14 Throughout this trial, you will also hear from 15 Mr. King and Mr. Miller, seated at opposing counsel table who 16 represent Mr. Thicke and Mr. Williams and Universal Records, UMG 17 Recordings is the record label that released the song, and Star 18 Trak Entertainment, who is also involved in releasing the song. 19 And you will hear directly from Mr. Thicke and Mr. Williams, who 20 are both very well-known and are very big stars. 21 Mr. Williams himself is on a popular television show, 22 on magazine covers, just performed at the Grammys and is as big 23 as it gets right now. 24 They will testify in this case. They will get up on 25 that witness stand. They will smile at you. And they will be Exhibit 1, Page 5 Case 2:13-cv-06004-JAK-AGR Document 331588 Filed 03/12/1501/31/20 Page 268 of of 119 85 Page ID #:16899 #:8466 26 1 charming.
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