Declaration of Anjan Choudhury
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Before the UNITED STATES COPYRIGHT ROYALTY JUDGES Library of Congress Washington, D.C. ) In re ) ) DETERMINATION OF ROYALTY ) DOCKET NO. 14-CRB-0001-WR RATES AND TERMS FOR ) (2016-2020) EPHEMERAL RECORDING AND ) DIGITAL PERFORMANCE OF SOUND ) RECORDINGS (WEB IV) ) ) DECLARATION OF ANJAN CHOUDHURY I, Anjan Choudhury, declare as follows: 1. I am an attorney with Munger, Tolles 4 Olson LLP and am counsel for SoundExchange, Inc., in Docket No. 14-CRB-0001-WR (2016-2020). 2. I submit this Declaration (I) in Support of SoundExchange's Opposition To Licensee Services'otion To Strike SoundExchange's Corrected Written Rebuttal Testimony of Daniel Rubinfeld and Section III.E ofthe Written Rebuttal Testimony of Daniel Rubinfeld ("Opposition'") and (2) to comply with the terms ofthe Protective Order governing these proceedings. 3. This Declaration is made based upon my personal knowledge. 4. SoundExchange produced Apple's webcasting license agreements with Universal, Sony, and Warner, on November 14, 2014. 5. SoundExchange produced valuation documents concerning the iTunes Radio, Beats Music, Spotify, and Nokia MixRadio agreements, among others, on January 30, 2015. 6. Attached hereto as Exhibit I is a true and correct copy of Pandora's Motion for Issuance of Subpoenas, filed on March 10, 2014, in this matter. 7. Attached hereto as Exhibit 2 is a true and correct copy ofthe Declaration of R. Bruce Rich in Support of Pandora's Motion for Issuance of Subpoenas, filed on March 10, 2014, in this matter. 8. Attached hereto as Exhibit 3 is a true and correct copy of the Declaration of Todd Larson in Support of Pandora's Motion for Issuance of Subpoenas, filed on March 10, 2014, in this matter. The exhibits accompanying this declaration have been omitted, but can be provided upon request. 9. Attached hereto as Exhibit 4 is a true and correct copy of The National Association of Broadcasters'onsolidated (1) Joinder in Pandora's Motion for Issuance of Subpoenas and (2) Motion for Issuance of Subpoenas To Apple Inc., and the Three Major Record Labels, filed on March 12, 2014, in this matter, 10. Attached hereto as Exhibit 5 is a true and correct copy of The National Association of Broadcasters'eply In Support of Its Motion for Issuance of Subpoenas to Apple Inc., and the Three Major Record Labels, filed on March 24, 2014, in this matter. 11. Attached hereto as Exhibit 6 is a true and correct copy of Apple's 2013 webcasting license agreement with Warner. This Exhibit has been marked RESTRICTED and will be redacted from the Public version of SoundExchange's submission because it contains confidential terms ofthe agreement between Apple and Warner that, if disclosed, could place Apple, Warner, or both ofthem at a competitive disadvantage. 12. Attached hereto as Exhibit 7 is a true and correct copy of Apple's 2013 webcasting license agreement with Sony. This Exhibit has been marked RESTRICTED and will be redacted from the Public version of SoundExchange's submission because it contains confidential terms of the agreement between Apple and Sony that, if disclosed, could place Apple, Sony, or both of them at a competitive disadvantage. 13. Attached hereto as Exhibit 8 are relevant excerpts ofthe Declaration of Todd D. Larson In Support of the Services'otion to Compel SoundExchange to Produce Negotiating Documents Directly Relating to SoundExchange's Written Direct Statement, filed on December 8, 2014, in this matter. 14. Attached hereto as Exhibit 9 is a true and correct copy SDNEX0126385. This Exhibit has been marked RESTRICTED and will be redacted from the Public version of SoundExchange's submission because it contains confidential terms ofthe agreement between Apple and a record company that, if disclosed, could place Apple, the record company, or both of them at a competitive disadvantage. 15. Attached hereto as Exhibit 10 is a true and correct copy of SNDEX0177335, This Exhibit has been marked RESTRICTED and will be redacted from the Public version of SoundExchange's submission because it contains confidential terms ofthe agreement between Apple and a record company that, if disclosed, could place Apple, the record company, or both of them at a competitive disadvantage, as well as confidential information regarding a record company" s competitive strategy that, if disclosed, could place the record company at a competitive disadvantage. 16. Attached hereto as Exhibit 11 is a true and correct copy of SNDEX0177710. This Exhibit has been marked RESTRICTED and will be redacted from the Public version of SoundExchange's submission because it contains confidential terms of the agreements between digital music services and a record company that, if disclosed, could place the digital services, the record company, or all of them at a competitive disadvantage, as well as confidential record company at a competitive disadvantage. 17. Attached hereto as Exhibit 12 is a true and correct copy of an email dated February 25, 2015, from Evan T. Leo, counsel for iHeartMedia. 18. Attached hereto as Exhibit 13 is a true and correct copy of an email dated February 25, 2015, from Todd Larson, counsel for Pandora. 19. Attached hereto as Exhibit 14 is a true and correct copy of an email dated February 25, 2015, from Bruce Joseph, counsel for the National Association of Broadcasters. 20. Attached hereto as Exhibit 15 is a true and correct copy of a letter dated February 26, 2015, from Anjan Choudhury to Evan T. Leo, copying Todd Larson and Bruce Joseph, regarding SoundExchange's Notice of Submission of Corrected Written Rebuttal Testimony. This Exhibit has been marked RESTRICTED and will be redacted from the Public version of SoundExchange's submission because it contains confidential information regarding the terms of agreements between Apple and Sony and between Apple and Warner that, if disclosed, could place Apple, Sony, Warner, or all of them, at a competitive disadvantage. 21. Attached hereto as Exhibit 16 is a true and correct copy ofthe First Set of Rebuttal-Phase Document Requests to SoundExchange, Inc. From Licensee Participants dated February 26, 2015. 22. Attached hereto as Exhibit 17 is a true and correct copy of the Supplemental Rebuttal-Phase Document Requests to SoundExchange, Inc. From iHeartMedia, Inc., dated February 28, 2015. 23. Attached hereto as Exhibit 18 is a true and correct copy of relevant excerpts of Volume 12 of the Hearing Transcript in Determination ofRates and Terms for Preexisting Subscription Services and Satellite Digital Audio Services ("SDARSII"), dated August 14, 2012. 24. Attached hereto as Exhibit 19 is a true and correct copy ofrelevant excerpts of Volume 13 ofthe Hearing Transcript in SDARS II, dated August 15, 2012. 25. Attached hereto as Exhibit 20 is a true and correct copy ofrelevant excerpts of Volume 17 ofthe Hearing Transcript in Adjustment ofRates and Termsfor Preexisting Subscription Services and Satellite Digital Audio Services ("SDARS I"), dated August 15, 2007. 26. Attached hereto as Exhibit 21 is a true and correct copy ofrelevant excerpts of Volume 22 ofthe Hearing Transcript in SDARS I, dated August 23, 2007. 27. Attached hereto as Exhibit 22 is a true and correct copy of Sirius XM's Opposition to SoundExchange's Motion to Strike Rebuttal Testimony, filed on August 10, 2012 in SDARS II. The exhibits to this motion have been omitted, but can be provided upon request. 28. Attached hereto as Exhibit 23 is a true and correct copy of SoundExchange's Motion to Strike Portions of Sirius XM's Testimony as Improper Rebuttal, filed on August 3, 2012, in SDARS II. 29. Attached hereto as Exhibit 24 is a true and correct copy ofthe Revised Written Rebuttal Testimony of Roger G. Noll, dated August 12, 2012, and filed in SDARS II. 30. I and/or attorneys working under my direction have reviewed this Declaration, the accompanying exhibits, and SoundExchange's Opposition. The attorneys working under my direction and I have also reviewed the terms ofthe Protective Order. 31. I and/or the attorneys working under my direction have determined that portions of SoundExchange's Opposition contain information that should be designated RESTRICTED pursuant to the terms of the Protective Order. Specifically, SoundExchange's Opposition discloses the terms of confidential agreements between certain record companies and digital music services that, if disclosed, could place the record companies, the digital music services, or all ofthem at a competitive disadvantage. This confidential information has been redacted from the Public version of SoundExchange's Opposition. 32. I and/or the attorneys working under my direction have determined that certain exhibits appended to this Declaration contain information that should be designated RESTRICTED pursuant to the terms ofthe Protective Order. The reason for each such designation has been identified above Exhibits designated RESTRICTED will be redacted &om the Public version of SoundExchange's submission. Dated: March 16, 2015 Ch Iti Anjan C oudhury (DC Bar 497271 MUNGER, TOLLES & OLSON LLP g 355 S. Grand Avenue, 35th Ploor Los Angeles, CA 90071-1560 Telephone: (213) 683-9100 Facsimile: (213). 687-3702 An an, Choudhui mto.coin Counselfor SoundExchange, Inc. EX. 1 Before the UNITED STATES COPYRIGHT ROYALTY JUDGES Washington, D.C. ) In the Matter of ) Docket No. 14-CRB-0001-WR ) DETERMINATION OF RATES AND TERMS ) FOR DIGITAL PERFORMANCE IN SOUND ) RECORDINGS AND EPHEMERAL ) RECORDINGS ) ) MOTION FOR ISSUANCE OF SUBPOENAS R. Bruce Rich {NY Bar No. 1304534) Todd D. Larson (NY Bar No. 4358438) Sabrina A. Perelman (NY Bar No. 4481529) Adam B. Banks (NY Bar No. 4756060) WEIL, GOTSHAL 8c MANGES LLP 767 Fifth Avenue New York, New York 10153 Tel.: (212) 310-8170 Fax: {212) 310-8007 [email protected] [email protected] [email protected] [email protected] Attorneysfor Pandora Media, Inc. TABLE OF CONTENTS Pace INTRODUCTION AND BACKGROUND FACTS.