Case 2:13-cv-06004-JAK-AGR Document 306 Filed 03/05/15 Page 1 of 12 Page ID #:8324

1 KING, HOLMES, PATERNO & BERLINER, LLP

HOWARD E. KING, ESQ., STATE BAR NO. 77012
2 STEPHEN D. ROTHSCHILD, ESQ., STATE BAR NO. 132514
ROTHSCHILD@KHPBLAW.COM
3 SETH MILLER, ESQ., STATE BAR NO. 175130
MILLER@KHPBLAW.COM
TH
4 1900 AVENUE OF THE STARS, 25 FLOOR
LOS ANGELES, CALIFORNIA 90067-4506
5 TELEPHONE: (310) 282-8989
FACSIMILE: (310) 282-8903
6
Attorneys for Plaintiffs and Counter7 Defendants PHARRELL WILLIAMS,
ROBIN THICKE and CLIFFORD
8 HARRIS, JR. and Counter-Defendants
MORE WATER FROM NAZARETH
9 PUBLISHING, INC., PAULA MAXINE
PATTON individually and d/b/a
10 HADDINGTON MUSIC, STAR TRAK
ENTERTAINMENT, GEFFEN
11 RECORDS, INTERSCOPE RECORDS,
UMG RECORDINGS, INC., and
12 UNIVERSAL MUSIC DISTRIBUTION
13

UNITED STATES DISTRICT COURT

14

CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

15 PHARRELL WILLIAMS, an
individual; ROBIN THICKE, an
16 individual; and CLIFFORD HARRIS,
JR., an individual,
17
Plaintiffs,
18
vs.
19
BRIDGEPORT MUSIC, INC., a
20 Michigan corporation; FRANKIE
CHRISTIAN GAYE, an individual;
21 MARVIN GAYE III, an individual;
NONA MARVISA GAYE, an
22 individual; and DOES 1 through 10,
inclusive,
23
Defendants.
24
25 AND RELATED COUNTERCLAIMS.
26
27 / / /
28 / / /
4112.060/866996.1

CASE NO. CV13-06004-JAK (AGRx)

Hon. John A. Kronstadt, Ctrm 750
PLAINTIFFS REVISED
[PROPOSED] VERDICT FORM
Jury Trial:
Date: February 24, 2015
Time: 8:30 a.m.
Ctrm.: 750
Action Commenced: August 15, 2013

Case 2:13-cv-06004-JAK-AGR Document 306 Filed 03/05/15 Page 2 of 12 Page ID #:8325

Plaintiffs and Counter-Defendants PHARRELL WILLIAMS, ROBIN

2 THICKE and CLIFFORD HARRIS, JR. and Counter-Defendants MORE WATER

3 FROM NAZARETH PUBLISHING, INC., PAULA MAXINE PATTON

4 individually and d/b/a HADDINGTON MUSIC, STAR TRAK

5 ENTERTAINMENT, GEFFEN RECORDS, INTERSCOPE RECORDS, UMG
6 RECORDINGS, INC., and UNIVERSAL MUSIC DISTRIBUTION ("Plaintiffs")

7 hereby submit their Revised [Proposed] Verdict Form. The parties have met and
8 conferred regarding the verdict, as directed, but have not reached agreement.
9

Plaintiffs' revised proposed Verdict Form (Exhibit A hereto) is a reasonable

10 compromise between the competing forms the parties previously submitted on

11 February 2, 2015 (Document 240). Plaintiffs object to Defendants' proposed form

12 (Document 240, Exhibit B) on the grounds that it: (a) does not distinguish between:

13 each Thicke Party for purposes of liability, willfulness, and profits; and (b) conflates
14 actual damages with profits, which are separate remedies. While there is joint and
15 several liability for damages for copyright defendants, liability for profits is several.
16 Here, each Thicke Party is entitled to a separate determination by the jury as to
17 whether he, she, or it infringed the copyright, whether such infringement was willful
18 or innocent, what profits that Thicke Party received, and any overhead that was not
19 taken into account as an expense due to that Thicke Party's willful infringement.
20 The Court should use the [Proposed] Verdict Form attached hereto as Exhibit A.
21
22 DATED: March 5, 2015

23

KING, HOLMES, PATERNO &

BERLINER, LLP

24
25

By:

26
SETH MILLER

27

Attorneys for Plaintiffs and Counter-Defendants

PHARRELL WILLIAMS, et al.

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K ING , HOLMES ,
P ATERNO &
BERLINER , LLP

4112.060/866996.1

Case 2:13-cv-06004-JAK-AGR Document 306 Filed 03/05/15 Page 3 of 12 Page ID #:8326

EXHIBIT A

Case 2:13-cv-06004-JAK-AGR Document 306 Filed 03/05/15 Page 4 of 12 Page ID #:8327

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8

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

10
11 PHARRELL WILLIAMS, an
individual; ROBIN THICKE, an
12 individual; and CLIFFORD HARRIS,
JR., an individual,
13
Plaintiffs,
14
vs.
15
BRIDGEPORT MUSIC, INC., a
16 Michigan corporation; FRANKIE
CHRISTIAN GAYE, an individual;
17 MARVIN GAYE III, an individual;
NONA MARVISA GAYE, an
18 individual; and DOES 1 through 10,
inclusive,
19
Defendants.
20
21 AND RELATED COUNTERCLAIMS.
22
23 / / /
24 / / /
25 / / /
26 / / /
27 / / /
28 / / /
4112.060/866996.1

CASE NO. CV13-06004-JAK (AGRx)

Hon. John A. Kronstadt, Ctrm 750
[PROPOSED] SPECIAL VERDICT
Jury Trial:
Date: February 10, 2015
Time: 9:00 a.m.
Ctrm.: 750
Action Commenced: August 15, 2013

Case 2:13-cv-06004-JAK-AGR Document 306 Filed 03/05/15 Page 5 of 12 Page ID #:8328

SPECIAL VERDICT

2 I.

CLAIM NO. ONE: Got to Give It Up / Blurred Lines:

Question No. 1.: Do you find by a preponderance of the evidence that the

Gaye Parties own a valid copyright in the musical composition, Got to Give

It Up?
Answer:

6
7

Yes

_____

No

_____

If your answer to Question No. 1 is no, proceed to Question No. 9.

If your answer to Question No. 1 is yes, please proceed to the next question.

10
11

Question No. 2.: Do you find by a preponderance of the evidence that the

12

Thicke Parties infringed the Gaye Parties copyright in the musical

13

composition Got to Give It Up in Blurred Lines?

14

Please answer yes or no for each of the following Thicke Parties:

15

Pharrell Williams and More Water From Nazareth Publishing, Inc. (the

16

Williams Parties)
Answer:

17
18

Yes

_____

No

_____

Yes

_____

No

_____

Yes

_____

No

_____

Robin Thicke

19

Answer:

20
21

Clifford Harris, Jr.

22

Answer:

23
24
25

Interscope Records, UMG Recordings, Inc., Universal Music

26

Distribution, and Star Trak Entertainment (the Interscope Parties)

Answer:

27
28

Yes

_____

No

_____

KING, HOLMES,
PATERNO &
BERLINER, LLP

4112.060/866996.1

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If you answered no for all Thicke Parties in your answer to Question No. 2,

2 please proceed to Question No. 9.

3

If you answered yes for any Thicke Party in your answer to Question No. 2,

4 please proceed to the next question.

5
6

Question No. 3.: Please state the amount of actual damages, if any, that you

find by a preponderance of the evidence that the Gaye Parties suffered as a

result of the Thicke Parties infringement of Got to Give It Up:

Answer:

9
10

$______________

Please proceed to the next question.

11
12

Question No. 4.: Please state the amount of profits, if any, that you find by a

13

preponderance of the evidence any Thicke Party received attributable to his

14

or its infringement of the copyright in Got to Give It Up and not taken

15

into account in calculating any damages you awarded in Question No. 3:

16

Answer:

17

The Williams Parties

$______________

18

Robin Thicke

$______________

19

Clifford Harris, Jr.

$______________

20

The Interscope Parties

$______________

21

Please proceed to the next question.

22
23

Question No. 5.: If you excluded overhead expenses based on willful

24

infringement in calculating profits of the Interscope Parties in your answer

25

to Question No. 4, please state the amount of overhead you excluded:

Answer:

26
27

$______________

Please proceed to the next question.

28
KING, HOLMES,
PATERNO &
BERLINER, LLP

4112.060/866996.1

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Question No. 6.: Do you find by a preponderance of the evidence that the

Thicke Parties infringement of the copyright in Got to Give It Up was

willful? Please answer yes or no for each Thicke Party below:

The Williams Parties

Answer:

Yes

_____

No

_____

Yes

_____

No

_____

Yes

_____

No

_____

Yes

_____

15

No

_____

16

Please proceed to the next question.

6
Robin Thicke

Answer:

8
9

Clifford Harris, Jr.

10

Answer:

11
12

The Interscope Parties

13

Answer:

14

17
18

Question No. 7.: Do you find by a preponderance of the evidence that the

19

Thicke Parties infringement of the copyright in Got to Give It Up was

20

innocent? Please answer yes or no for each Thicke Party below:

21

The Williams Parties

22

Answer:

23

Yes

_____

No

_____

Yes

_____

No

_____

Robin Thicke

24

Answer:

25
26
27
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KING, HOLMES,
PATERNO &
BERLINER, LLP

4112.060/866996.1

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Clifford Harris, Jr.

Answer:

Yes

_____

No

_____

Yes

_____

No

_____

Please proceed to the next question.

2
3

The Interscope Parties

Answer:

8
9

Question No. 8.: Please state the amount of statutory damages, if any, that

10

you award to the Gaye Parties for the Thicke Parties infringement of the

11

copyright in the musical composition Got to Give It Up:

Answer:

12

$______________

Please proceed to the next question.

13
14
15 II.

CLAIM NO. TWO: After the Dance / Love After War:

16

Question No. 9.: Do you find by a preponderance of the evidence that the

17

Gaye Parties own a valid copyright in the musical composition, After the

18

Dance?
Answer:

19
20
21

Yes

_____

No

_____

If your answer to Question No. 9 is no, Please have the Foreperson sign

22 and date this form below and return it to the Court Clerk.
23

If your answer to Question No. 9 is yes, please proceed to the next question.

24
25

Question No. 10.: Do you find by a preponderance of the evidence that the

26

Thicke Parties infringed the Gaye Parties copyright in the musical

27

composition After the Dance in Love After War?

28

Please answer yes or no for each of the following Thicke Parties:

KING, HOLMES,
PATERNO &
BERLINER, LLP

4112.060/866996.1

Case 2:13-cv-06004-JAK-AGR Document 306 Filed 03/05/15 Page 9 of 12 Page ID #:8332

Robin Thicke

Answer:

2
3
4

Paula Maxine Patton

Answer:

Yes

_____

No

_____

Yes

_____

No

_____

Geffen Records, UMG Recordings, Inc., Universal Music Distribution,

and Star Trak Entertainment (the Geffen Parties)

Answer:

9
10
11

Yes

_____

No

_____

If you answered no for all Thicke Parties in your answer to Question

12 No. 10, please have the Foreperson sign and date this form below and return it to the
13 Court Clerk.
14

If you answered yes for any Thicke Party in your answer to Question

15 No. 10, please proceed to the next question.

16
17

Question No. 11.: Please state the amount of actual damages, if any, that you

18

find by a preponderance of the evidence that the Gaye Parties suffered as a

19

result of the Thicke Parties infringement of After the Dance:

Answer:

20
21

$______________

Please proceed to the next question.

22
23

Question No. 12.: Please state the amount of profits, if any, that you find by

24

a preponderance of the evidence any Thicke Party received attributable to

25

his, her, or its infringement of the copyright in After the Dance and not

26

taken into account in calculating any damages you awarded in Question

27

No. 11:

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KING, HOLMES,
PATERNO &
BERLINER, LLP

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#:8333

Answer:

Robin Thicke

$______________

Paula Maxine Patton

$______________

The Geffen Parties

$______________

Please proceed to the next question.

6
7

Question No. 13.: If you excluded overhead expenses based on willful

infringement in calculating profits of the Geffen Parties in your answer to

Question No. 12, please state the amount of overhead you excluded:
Answer:

10
11

$______________

Please proceed to the next question.

12
13

Question No. 14.: Do you find by a preponderance of the evidence that the

14

Thicke Parties infringement of the copyright in After the Dance was

15

willful? Please answer yes or no for each Thicke Party below:

Robin Thicke

16

Answer:

Yes

_____

No

_____

Yes

_____

No

_____

Yes

_____

25

No

_____

26

Please proceed to the next question.

17
18
19

Paula Maxine Patton

20

Answer:

21
22
The Geffen Parties

23

Answer:

24

27
28
KING, HOLMES,
PATERNO &
BERLINER, LLP

4112.060/866996.1

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Question No. 15.: Do you find by a preponderance of the evidence that the

Thicke Parties infringement of the copyright in After the Dance was

innocent? Please answer yes or no for each Thicke Party below:

Robin Thicke

Answer:

Yes

_____

No

_____

Yes

_____

No

_____

Yes

_____

12

No

_____

13

Please proceed to the next question.

5
6
7

Paula Maxine Patton

Answer:

9
The Geffen Parties

10

Answer:

11

14
15

Question No. 16.: Please state the amount of statutory damages, if any, that

16

you award to the Gaye Parties for the Thicke Parties infringement of the

17

copyright in the musical composition After the Dance:

18

Answer:

$______________

19
20

You have now completed this special verdict. Please have the Foreperson

21 sign and date this form below and return it to the Court Clerk.
22
23 DATED: March _____, 2015
By:

24

FOREPERSON

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KING, HOLMES,
PATERNO &
BERLINER, LLP

4112.060/866996.1

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CERTIFICATE OF SERVICE

I hereby certify that on March 5, 2015, I electronically filed the foregoing

3 PLAINTIFFS' REVISED [PROPOSED] VERDICT FORM with the Clerk of

4 the Court by using the CM/ECF system. I certify that all participants in the case are
5 registered CM/ECF users and that service will be accomplished by the CM/ECF

6 system.
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K ING, H OLM ES,
PATER NO &
BER LINER, L LP

4 112.060/866996. 1