IN THE COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT OF FLORIDA

IN THE COUNTY COURT OF THE
NINTH JUDICIAL CIRCUIT OF FLORIDA
ORANGE COUNTY, FLORIDA
TANYA TENNYSON
Plaintiff
V.
BROADCAST MUSIC INC. ET AL
Defendants
CASE NUMBER: 2012-CA-15110-#43
COVERPAGE - EXHIBIT A
IN THE COUNTY COURT OF THE
NINTH JUDICIAL CIRCUIT OF FLORIDA
ORANGE COUNTY, FLORIDA
TANYA TENNYSON
Plaintiff
V.
BROADCAST MUSIC INC. ET AL
Defendants
CASE NUMBER: 2012-CA-15110-#43
EVIDENCE LIST - EXHIBIT A
EXHIBIT LIST
Number
Description
#1
Defendant Broadcast Music Inc.’s Certificate of Interested Persons and
Corporate Disclosure for Case # 10-13711 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 # 10-13711 at US
Court of Appeals, 11th Circuit - Motion to Dismiss Plaintiff’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 3-30-2010
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 # 6:09cv-1618-MSS-DAB filed 3-30-2010, 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
4-21-2010 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
4-23-2010 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
4-21-2010 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 # 10-13711
filed by Holland & Knight, LLP attorneys Frederick D. Page and Leland H.
Kynes for the defendant. on 3-23-2011 at USCA, 11 th Circuit
Defendant ASCAP’s Certificate of Interested Persons and Corporate
Disclosure Statement for Case # 10-13711 filed 3-23-2011 at USCA, 11 th
Circuit by Holland & Knight, LLP attorneys Frederick D. Page and Leland
H. Kynes for the defendant.
Defendant ASCAP’s Statement Regarding Oral Argument for Case # 10-
2
pages
#2
1 page
#3
2
pages
#4
2
pages
#5
3
pages
#6
3
pages
#7
2
pages
#8
1 page
#9
1 page
# 10
Offering Objection Admitted
Party
(Y/N)
into
Evidence
(Y/N)
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
13711 filed by Holland & Knight, LLP attorneys Frederick D. Page and
1 page Leland H. Kynes for the defendant on 3-23-2011 at USCA, 11th Circuit
# 11 Defendant ASCAP’s Table of Contents of Answer Brief for Case # 101 page 13711 filed by Holland & Knight, LLP attorneys Frederick D. Page and
Leland H. Kynes for the defendant. on 3-23-2011 at USCA, 11th Circuit
# 12 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
pages Statement for Case # 10-13711 filed 3-16-2011 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 Plaintiff pertaining to the
songs of William J. Tennyson including “Do Not Disturb”, “Fortune”, “Help
1 page 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 Plaintiff.
# 14 Defendant Windswept’s email letter to the Plaintiff regarding copyright
ownership and Bill Tennyson’s songwriters agreements for the songs “Hy
1 page Wocky Toomba”, “A Hundred Million Lies”, “Old Man Boogie”,”We’re
Strollin’”, and “Your Love”.
# 15 Defendant Warner Chappel Music’s email letter to the Plaintiff pertaining
1 page to claims on behalf of the writer’s of “Cool Baby” and “Centerpiece”.
# 16 Defendant Cherio’s (MPL Communications) email letter to the Plaintiff
regarding attachment of pdf files, copyright ownership of Mr. Tennyson’s
1 page 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”.
# 17 Defendant EMI Music Publishing’s email letter to the Plaintiff regarding
1 page copyright ownership of Mr. Tennyson’s songs “Loved One”, “(So Tired of)
Waiting”, “It’s Happening Baby”, “Kerosene”, and “You Know Who”.
# 18 FTC letter (Donald S. Clark, Secretary) to Counsel for Citigroup, Inc
1 page regarding investigation of the acquisition of EMI Music Publishing by
Sony/ATV Music Publishing
# 19 Defendant Harry Fox Agency email letter from Warren Adler regarding
1 page research of the claim issues pertaining to the music of William J.
Tennyson, Jr.
# 20 Defendant Harry Fox Agency Listing of the songs of William Tennyson
including “Someone”, “You’re a Memory”, “Bar Fly Blues”, “I’m Beginning
1 page to Think You Care for Me”, “Salt Pork, West Virginia”, “Loved One”,
“Getting’ Tired Tired Tired”
# 21 Defendant Harry Fox Agency Listing of the songs of William Tennyson
including “Hogwash”, “It’s a Great Great Pleasure”, “Ride 31 Miles for a
1 page Nickle”, “My Life is an Open Book”, “The Strut”, “Why Can’t I Be Like
Everyone Else?”,
# 22 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
1 page 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”.
# 23 Defendant ASCAP’s letter from Legal Affairs/ Estates and Claims counsel
1 page Marty Majeske to the Plaintiff pertaining to designation of the Plaintiff as
successor to the ASCAP member-ship of the late William J. Tennyson
# 24 Defendant ASCAP’s letter to Plaintiff from ASCAP’s V.P. of Business
Affairs, Ellen Meltzer-Zahn pertaining to transfer/registration of 21 songs in
1 page the BMI repertoire of the late William J. Tennyson, Jr., to ASCAP (for
consolidation purposes)
# 25 Defendant ASCAP’s letter from Legal Affairs/ Estates and Claims counsel
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
1 page Marty Majeske to the Plaintiff pertaining to ASCAP sending files from
Estates and Claims to the Plaintiff in reference to the ASCAP membership
of the late William J. Tennyson, Jr.
# 26 Defendant ASCAP’s Repertoire of the songs of William J Tennyson Jr
including “Cool Baby”, “Every Man to His Own Profession”, “Getting’ Tired
1 page 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”.
# 27 ASCAP Rules Excerpt - 2.8 Claims Against ASCAP Members’ Works –
1 page 2.8.1 Disputed Claims Between ASCAP Members
# 28 Defendant ASCAP’s email letter from Repertory Department Manager
Andrew Rodriguez to the Plaintiff pertaining to notifications to ASCAP
1 page 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” .
# 29 ASCAP email letter from DeDe Burns of Repertory Services to D. Bogart
of (RYTVOC) MPL Communications regarding Renewal Term of Copyright
2
Claim for William J. Tennyson, Jr. for the song “Salt Pork West
pages Virginia” .and
# 30 ASCAP email letter from DeDe Burns of Repertory Services to D. Bogart
of (PIC) MPL Communications regarding Renewal Term of Copyright
1 page Claim for William J. Tennyson, Jr. for the song “Every Man to His Own
Profession”
# 31 Plaintiffs email letter to ASCAP legal representative Marty Majeske and
Manager of Repertory Services, Andrew Rodriguez date 10-13-2006
1 page 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
# 32 Defendant ASCAP’s Notification of Dispute Letter copy, dated December
19, 2006, from Andrew Rodriguez, Repertory Department Manager to
1 page Larry Spier Music, Attn: Eric Konzelman regarding copyright claim on
William Tennyson Jr.’s song “Getting “Tired Tired Tired”.
# 33 Defendant ASCAP’s Jan 8, 2007 duplicate of email notification letter
dated December 19, 2006, from Andrew Rodriguez, Repertory
1 page Department Manager to Plaintiff regarding ASCAP Writer’s share /
Publisher’s share for the late William Tennyson Jr.’s song “Getting “Tired
Tired Tired”.
# 34 Defendant ASCAP’s Jan 8, 2007 duplicate of email notification letter
dated December 19, 2006, from Andrew Rodriguez, Repertory
2
Department Manager to Plaintiff regarding ASCAP Writer’s share /
pages Publisher’s share for the late William Tennyson Jr.’s song “Getting “I Ain’t
Hurtin’”.
# 35 Defendant ASCAP’s Notification of Dispute Letter copy, dated December
19, 2006, from Andrew Rodriguez, Repertory Department Manager to
1 page Andrew Scott Inc. c/o BMG Songs regarding copyright claim on William
Tennyson Jr.’s song “Someone”.
# 36 Defendant ASCAP’s Jan 8, 2007 duplicate of email notification letter
dated December 19, 2006, from Andrew Rodriguez, Repertory
1 page Department Manager to Plaintiff regarding ASCAP Writer’s share /
Publisher’s share for the late William Tennyson Jr.’s song “Someone”.
# 37 Defendant ASCAP’s Jan 8, 2007 duplicate of email notification letter
dated December 19, 2006, from Andrew Rodriguez, Repertory
1 page Department Manager to Plaintiff regarding the enclosed information for the
late William Tennyson Jr.’s song “I’m Beginning To Think You Care”.
# 38 Defendant ASCAP’s Notification of Dispute Letter copy, dated December
19, 2006, from Andrew Rodriguez, Repertory Department Manager to
1 page Music Sales Corp., Attn: Gloria Cruz regarding copyright claim on William
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
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
# 39
1 page
# 40
1 page
# 41
1 page
# 42
1 page
# 43
1 page
# 44
1 page
# 45
1 page
# 46
1 page
# 47
1 page
# 48
1 page
# 49
1 page
# 50
1 page
# 51
1 page
# 52
Jr.’s song “I’m Beginning To Think You Care”.
Defendant ASCAP’s Jan 8, 2007 duplicate of email notification letter
dated December 19, 2006, from Andrew Rodriguez, Repertory
Department Manager to Plaintiff regarding the enclosed information for the
late William Tennyson Jr.’s song “Ride Thirty One Miles for a Nickle”.
Defendant ASCAP’s Notification of Dispute Letter copy, dated December
19, 2006, from Andrew Rodriguez, Repertory Department Manager to
Music Sales Corp., Attn: Gloria Cruz regarding copyright claim on William
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”.
Defendant ASCAP’s Jan 8, 2007 duplicate of email notification letter
dated December 19, 2006, from Andrew Rodriguez, Repertory
Department Manager to Plaintiff regarding the enclosed information for the
late William Tennyson Jr.’s song “Proud of You”.
Defendant ASCAP’s Notification of Dispute Letter copy, dated December
19, 2006, from Andrew Rodriguez, Repertory Department Manager to
Music Sales Corp., Attn: Gloria Cruz regarding copyright claim on William
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”.
Defendant ASCAP’s Jan 8, 2007 duplicate of email notification letter
dated December 19, 2006, from Andrew Rodriguez, Repertory
Department Manager to Plaintiff regarding the enclosed information for the
late William Tennyson Jr.’s song “Kerosene”.
Defendant ASCAP’s Notification of Dispute Letter copy, dated December
19, 2006, from Andrew Rodriguez, Repertory Department Manager to
Music Sales Corp., Attn: Gloria Cruz regarding copyright claim on William
Tennyson Jr.’s song “Kerosene”../ snapshot of ASCAP Writer’s share /
Publisher’s share for the late William Tennyson Jr.’s song “Kerosene”.
Plaintiff’s email letter to and from ASCAP legal counsel dated Aug. 28,
2006, regarding ASCAP successors letters
Plaintiff’s email 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 20, 2007, regarding release of claims and the licensing
of attached BMI catalog of songs for William J. Tennyson, Jr.
Defendant Broadcast Music Inc.’s email letter to the Plaintiff from legal
counsel (Assistant V.P. of Legal Affairs and Business Affairs, Gary Roth)
dated December 4, 2006, 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”.
Defendant The Royalty Network’s collection letter (signed by Frank Liwall,
President,) to Prize Music Inc. dated October 15, 2003 in behalf of client
William Tennyson, Jr. for the song “Proud of You”.
PIC Corp./MPL Communications Statement of Royalties for the period
1/01/2002 – 6/30/2002 for Bill Tennyson’s song “Salt Pork West Virginia”.
Defendant The Royalty Network’s royalty check written to William K.
Tennyson and signed by Frank Liwall for the amount of $1,238.00, dated
1/6/2004.
Defendant PIC/RYTVOC’s (MPL Communications) email letter to the
Plaintiff regarding attachment of pdf files, copyright ownership of Mr.
Tennyson’s songs “Every Man to His Own Profession”, and “Salt Pork
West Virginia”.
Plaintiff’s email letter to BMG’s Nicholas Firth, Peter Brodsky , and Cathy
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Nolan, dated Oct 5, 2006 and email reply from BMG dated October 10,
1 page 2006 regarding the documents for the songs “Centerpiece” and
“Someone”.
# 53 Plaintiff’s reply email letter to BMG dated August 8, 2006 regarding the
1 page request for documents for the songs “Centerpiece” and “Someone”.
# 54 Plaintiff’s email letter to BMG dated August 8, 2006 regarding the request
1 page for contact information for Andrew Scott, Inc. (for the songs “Centerpiece”
and “Someone”), and reply letter
# 55 Defendant Andrew Scott, Inc.’s representative handwritten
1 page correspondence letter to Plaintiff regarding enclosed documents for
“Centerpiece”, including Bill Tennyson’s songwriter’s Agreement”.
# 56 Defendant Andrew Scott’s copy of Bill Tennyson’s/ Harry Edison’s
Songwriters Contract with Cathryl Music (Johnny Mathis) for the song
1 page “Centerpiece”, dated February 4th, 1959, countersigned by Cathryl Music
Publishing’s attorney Morton Farber, modified after signing by H.E.
# 57 Plaintiff’s email letter to David Renzer, Cindy Oliver, etc. at Universal
Music Group pertaining to compensation from UMG. Reply email
1 page 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.
# 58 Defendant Universal Music Group’s copy of mailing envelope for CD of
1 page documents to Plaintiff including Bill Tennyson’s songwriter’s agreements,
copyrights and renewals, and sheet music.
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
CERTIFICATE OF SERVICE
On this 19th day of October, 2012, a copy of the
1. Notice of Filing Amended Civil Cover Page to Show Primary Complaint is
Malpractice
2. 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 USM285 to serve Complaint and Waiver of Summons
Requests to EMI Music Publishing
for Case # 2012-CA-15110 was e-mailed by the Plaintiff 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 21st, 2012). Receiving parties are:
1. American Society of Composers, Authors and Publisher; ASCAP;
FKoenigsberg@ascap.com,JLoFrumento@ascap.com
EMatthews@ascap.com
2. 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