Case 2:04-cv-00341-RCB
Document 162-2
Filed 09/30/2005
Page 1 of 17
EXHIBIT "A"
Case 2:04-cv-00341-RCB
Document 162-2
Filed 09/30/2005
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48~73~5594
AR I ZONA AMBASSADORS
PAGE
Eli
Corona j~~91 High School
(40) Temp., Aiizona 85284-3299 Fax (480) 820-3632
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Superrnt~ ~d.nt
Dr. James D. Buchanan
March 15, 2003 Mr. Buck McKinney, Esq. Attorney at Law P.O. Box 6231 Austin, Texas 78762 SUBJECT: Publishers: I certainly did not believe that anything was done contrary to copyright law in the selection and pedbrmance ofMr. Van der Roost's music by our high school band. We bad heard the Cadets ofBergen County perform the work and thought it was outstanding. My name is Bill Richardson and I am the director oft.he Corona del Sol High School Band. I have been extremely fortunate to have my son, Mark, and my daughter Becky, help me with the band for the past several years. Mark helps me with the marching and music arrangements and Becky helps me with the Colorguard. Wealso played the beautiful "Canterbury Chorale," the concert band arrangement slightly abbreviated. Since there was no contract I cannot provide you with that information but I have listed below the other information you have asked for. The following is a complete and accurate account ofall Corona del Sol High School Band performances ofthe referencedwork, including: Date, Location, Sponsor, and Purpose of the Performance.
Data:
Via Fax: 512-444-1879
Principal Mr. Jamei T. D.nton
Corona del Sal High School Band Performance (2000) "Stonehenge" by Jan Van der Roost, De Haske Publications,
Msistant PrIncipaI5 Mis. Lydia 1. Dorm. Mr. Mark Duplissis Mr. Daniel i. Nero
Fri~ S/hOD Fri- S/SIIJIJ Fri 9/15/DO F~i 9/28/DO Fri ID/B/DO Tues --10/17/1110
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Loutiwi: North High School Mountain Ridge HS Corona del Sot HS Corona del Sal HS MesaNS Corona del Sot HS Ariz. State Univ. Desert Vista HS Corona del Sal HS Idountain Painte HS Univ. of Ariz. Corona del Sal HS Slendale Comm.Coilege
Document 162-2
Rnnntnr
Corona del Sal HS Carona del Sal HS CdS/Carl Hayden HS CdS/ Mesquite HS Corona del Sot HS Corona del Sal Band ASU Band Corona del Sal hIS CdS/Narcos de Niza HS Carana del Sal HS U af A Band CdS/McClintock HS AZ Band ~11lrch. Dir Ann
Filed 09/30/2005
Sat-ID/21/DD Fri 10/20/DO F~i ID/27/DD Fri 11/3/DO Sat Il/A/CD Thurs il/S/WI Sat--U/IS/DO
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Punniu. if DBFfDflflhilCI Fautball Pre-game show Football pre-game shaw FootbaH Half-time show Foatbell Hoff-time shaw Football pre-game shaiw Local schools perfarm (na ratings) Band day Festival ratings) Football pra-game shaw Fuothall Halftime show Faalball pre-game show Band Day Fcstival (ratings) Football Half-time show State Band Festival (ratings)
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Case 2:04-cv-00341-RCB
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4887385594
ARIZONA AMBASSADORS
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82
These activities are all an integral part ofthe Tempe Union High School District music education program, performed before public high school audiences, culminating in Band Day and State Band festivals under therules ofthe nonprofit Arizona Music Educators' Association and the Arizona Band and 0~chestra Directors' Association. Needless to say, there is no conunercial advantage in these public and nonprofit educational events nor compensation to performers, promoters or organizers. My son, Mark Richardson, can be reached at 950 E. Redfield Road, Teinpe, Arizona, 85283. I certainly hope this resolves yourquestions in an amicable fashion. This is my final year of teaching aftera successful career in High School Band since 1970. Sincerely,
Bill Richardson Director ofBands Corona del Sal High School
Case 2:04-cv-00341-RCB
Document 162-2
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EXHIBIT "B"
Case 2:04-cv-00341-RCB
Document 162-2
Filed 09/30/2005
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C,
Arizona Academy of toe Performing Arts 950 E. Redfield Road Tempe, AZ S5233
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Date
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Bill Richardson Corona del Sol H.S. Band 1001 E. Knox Rd. Tempe, AZ 85284
Item #
Description Stonehenge Arrangements (Score and Parts) Show Drill Design for Stonehenge 2000
Qty
1 I
Price $1 .000.00 $1,500.00
Extended Amount $1 .000.00 $1 .500.00
Subtotal
$2,500.00 $0.00 $0.00
/
Order Total
$2500.00
j
TEMPE UNION H.S. DIST. 213 PAYMENT APPROVED J24iS~-- FUND INhThALS
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Case 2:04-cv-00341-RCB
Document 162-2
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D1ST00679 Page 6 of
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PURCHASE
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ORDER/REQUISITION VENDORS NOTE: THIS IS `JOT A PURCHASE ORDER.
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UPON RECE)PT OF SHIPMENT 1 CHECK TO SEE THAT MATERIAL RECEIVED CONFORMS TO ORDER, QUANTITY. ETC. NOTE A R~PAN~T.HE'FACE OF THIS COPY 2 IF ONLY PARTIAL SHIPMENT IS RECEIVED. INDICATE QUANTITY RECEIVED, MAKE XEROX COPY OF F Qa~M, SIGN XERDX COPY AND FORWARD WITH PACKING SLIPS AND HIPPING DOCUMENTS TO ACCOUNTS PAYABLE. RETAIN BLUE UN ER C TE. 3 WHEN ORDER IS CO PLE E SIGN AND DATE BLUE COPY AND FORWARD WITH PACKING AND SHI NG DOCUMENTS TO ACCOUNT:NG -i DATE RECEIVED I V ~J~IV~i~ COpy RECEIVED BY ~~j.j~___ ..-
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Case 2:04-cv-00341-RCB
Document 162-2
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EXHIBIT "C"
Case 2:04-cv-00341-RCB
Document 162-2
Filed 09/30/2005
Page 8 of 17
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Garrick L. Gallagher, No. 009980 Debora L. Verdier, No. 018676 SANDERS & PARKS, P.C. 3030 North Third Street, Suite 1300 Phoenix, AZ 850 12-3099 Telephone (602) 532-5600 Facsimile (602) 532-5700 Garrick.Galla~her(d~SandersParks. corn Debora.Verdier(~S~indersParks.com Attorneys for Defendant Tempe Union High School District UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA PHOENIX DIVISION JOHAN DE MEIJ, CASE NO. CVO4 0341 PHX RCB d/b/aAMSTEL MUSIC By, Plaintiff, vs. (SECOND SUPPLEMENTAL) RESPONSES TO PLAINTIFF'S INITIAL SET OF DISCOVERY REQUESTS TO DEFENDANT TEMPE UNION HIGH SCHOOL DISTRICT
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TEMIPE UNION SCHOOL DISTRICT, 14 CORONA DEL SOL BAND BOOSTERS, GREAT VIDEO PRODUCTIONS, and ARIZONA MUSIC EDUCATORS ASSOC., 15
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Defendants. TO: PLAINTIFF and his attorney of record
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Pursuant to Rules 26, 33, 34, and 36, Federal Rules of Civil Procedure, and in compliance with the Court's order dated August 16, 2005, Defendant Tempe Union High School District (the "District") hereby submits its supplemental responses to the following Non-Uniform Interrogatories and Requests for Production of Documents propounded by Plaintiff: INTERROGATORIES
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2.
List all compositions performed by the CDSHS Marching Band in
connection with its marching band shows for the period 1993 through 2003, including a
Case 2:04-cv-00341-RCB Document 162-2 Filed 09/30/2005 Page 9 of 17
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statement as to whether or not pennission was obtained for the use of each such
composition. SuDplemental Response to Interro~atorv No. 2 2003
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For its 2003 marching band show, the CDSHS Marching Band performed
a show called "Year of the Dragon" by Philip Sparke. The Band purchased the concert band score and Mark Richardson created a marching band arrangement from it. Having notice as to the concerns raised by Plaintiff's counsel in connection with the Jan Van der Roost matter, Mark Richardson secured pennission to arrange the piece from Studio Music.
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2002
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For its 2002 marching band show, the CDSHS Marching Band performed
an arrangement that included two compositions from Plaintiff's "Big Apple," including "Skyline" and "Gotham" and one composition called "Field of Dreams." This marching band arrangement was prepared by Mark Richardson. Mr. Richardson did not obtain permission to use the compositions. Mr. Richardson believed that copyright law was not implicated because the music was being put to an educational use and because the music was for a non-profit purpose. 2001
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is
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For its 2001 marching band show, the CDSHS Marching Band performed
an arrangement that included compositions by Anthony Plog and Patrick Cassidy. Those compositions were "Concerto for trumpet" and "Vide cor Meum," respectively. The show also included a third composition from the film "The Reivers" by John Williams. Upon information and belief, the marching band arrangement was prepared by Mark Richardson. Mr. Richardson does not recall whether he received compensation for creating this arrangement. Mr. Richardson did not obtain permission to use the
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compositions. Mr. Richardson believed that copyright law was not implicated because the music was being put to an educational use and because the music was for a nonprofit purpose. -2Case 2:04-cv-00341-RCB Document 162-2 Filed 09/30/2005 Page 10 of 17
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2000
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For its 2000 marching band show, the CDSHS Marching Band performed
2 an arrangement that included two compositions by Jan Van der Roost, including
3 4
"Stonehenge" and "Canterbury Chorale," which marching band arrangement was prepared by Mark Richardson. Mr. Richardson did not obtain permission to use the
5 compositions. Mr. Richardson believed that copyright law was not implicated because 6 the music was being put to an educational use and because the music was for a non7 8
profit purpose.
1999
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For its 1999 marching band show, the Band performed an arrangement
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that included select songs from the film "Cutthroat Island." Interviews with Mark Richardson and Bill Richardson did not yield information about specific compositions included in the arrangement. The marching band arrangement was prepared by Mark Richardson. Mr. Richardson recalls that he was compensated in some fashion for the arrangement, but he does not know how much or from whom. Mr. Richardson does not permission compositions. believe he obtained to use the Mr. Richardson believed that copyright law was not implicated because the music was being put to an educational use and because the music was for a non-profit purpose. 1998
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For its 1998 marching band show, the Band performed an arrangement
that included the songs "Escaping the Smokers," "Main Title," "Prodigal Child," "Main Credits" and "Atoll," from the film "Waterworld." The marching band arrangement was prepared by Mark Richardson. Mr. Richardson does not recall whether he received compensation for creating this arrangement. Mr. Richardson did not obtain permission
22 to use the compositions. Mr. Richardson believed that copyright law was not implicated
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because the music was being put to an educational use and because the music was for a non-profit purpose. 1997
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For its 1997 marching band show, the Band performed an arrangement
that included portions of the songs "Promise Me," "Raid on Leonesse," and "Camelot
-3Case 2:04-cv-00341-RCB Document 162-2 Filed 09/30/2005 Page 11 of 17
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Lives" from the film, "First Knight." The 1997 marching band show also included a
2 composition from the William Byrd Suite called "Earl of Oxford March." The marching
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band arrangement was prepared by Mark Richardson. Mr. Richardson does not recall whether he received compensation for creating this arrangement. Mr. Richardson did
5 not obtain permission to use the compositions. Mr. Richardson believed that copyright 6
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~~~Sr4e~i
law was not implicated because the music was being put to an educational use and because the music was for a non-profit purpose. 1996
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For its 1996 marching band show, the Band performed an arrangement
that included portions of the songs "County Galway," "The Land Race," "The Fighting Donnely's," and "Blow Steam" from the film "Far and Away." The marching band arrangement was purchased from professional arranger, Michael Boo. The Richardsons did not separately or independently obtain permission to use the arrangement. The
Richardsons do not know whether Mr. Boo obtained permission to use the compositions.
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1995 For its 1995 marching band show, the CDSHS Marching Band performed an arrangement of two Tchaikovsky compositions, including the "1812 Overture" and
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"Marche Slave."
The Richardsons believe this marching band arrangement was
purchased from an arranger; however, the Richardsons do not recall the identity the arranger who created this arrangement. The Richardsons did not separately or
independently obtain permission to use the compositions.
1994 For its 1994 marching band show, the CDSHS Marching Band performed
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an arrangement that included portions from the songs "Carrying the Banner," "Strike,"
22 "Santa Fe," and "World Will Know" from the film "Newsies." The marching band 23 arrangement was purchased from professional arranger, Gary Gilroy. The Richardsons
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did not separately or independently obtain permission to use the compositions. The
Richardsons do not know whether Mr. Gilroy obtained permission to use the compositions.
-4Case 2:04-cv-00341-RCB Document 162-2 Filed 09/30/2005 Page 12 of 17
4)
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1993
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The District was not able to determine what composition(s) the CDSHS
2 Marching Band ("the Band") performed as part of is 1993 marching band show.
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Interviews with Mark Richardson and Bill Richardson did not yield this information. Nor are the Richardsons or the District in possession of documents from which this
5 information could be obtained. 6 3.
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List all compositions performed by District marching bands other than the
CDSHS Marching Band in connection with each such marching band's marching shows
for the last 10 years; and state whether or not permission was obtained for the use of
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each such composition.
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Supnlemental Response to Interro2atorv No. 3
Other than Corona del Sol High School, the District has five (5) other schools that have had marching band programs since 1993. They are: Desert Vista High
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School, Marcos de Niza High School, McClintock High School, Mountain Pointe High
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School, and Tempe High School. The information that is available to the District is
listed below and is broken down by school. This information was gathered through
numerous interviews with current and former band directors and other District employees. In many instances, the interviewees were relying primarily on memory and, thus, the information that is provided is the best available to the District. The District reserves its right to modify and supplement these responses in the event additional
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documentary evidence is identified from which the District can verify these responses or provide more accurate responses. a. Desert Vista High School
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2004: "Suite from Hymn of the Highlands" by Philip Sparke (published by
Anglo Music Press), arranged by Anthony L. Ludwig. Permission was obtained. 2003: "Journey of Life" from Apollo 13, by James Homer, arranged by Todd Zimbelman. Permission was obtained.
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Case 2:04-cv-00341-RCB
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EXHIBIT "D"
Case 2:04-cv-00341-RCB
Document 162-2
Filed 09/30/2005
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5 6 7 8 9 10 11 Plaintiff, 12 13
V.
UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Johan de Meij, d/b/a Amstel Music, By, No. CIV 04-0341 PHX RCB DECLARATION OF MARK D. RICHARDSON
14 Tempe Union High School District, Corona Del Sol Band Boosters, Great Video Productions, 15 Arizona Music Educators Assoc., Arizona 16 17 18 19 20 21 Academy for the Performing Arts, Inc., Mark D. Richardson, William J. Richardson and Chris Evans, Defendants.
_______________________________________
I, Mark D. Richardson, declare as follows: 1. I was the Assistant Director of the Corona Del Sol High School Marching
22 Band (the "Corona Band") in the 2001-2002 and 2002-2003 school years. During that 23 24 entire time, William J. Richardson was the Director of the Corona Band. 2. As with most high school marching bands these days, the Corona Band has
25 a "fall season," during which it plays at high school football games and a handful of 26 marching band competitions. To ensure the best performance possible at the
27 competitions, each band picks one performance piece for the season and plays that piece 28 for all half-time shows and at all competitions. A new piece is chosen each year.
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Naturally, since the band will be performing the piece for a whole season, the piece is selected months in advance and the band generally begins practicing with the piece at sectionals (which are early practice sessions divided up according to instrument sections) in June. 3. Sometime in the spring of2002, William Richardson and I decided that the
composition "The Big Apple," by Johan de Meij, could be arranged into a suitable piece for the Corona Band to play at football games and competitions for the 2002 season. 4. In the early spring of 2002, William Richardson (as Director of the Corona
Band) authorized me to begin preparing: (i) a musical arrangement of "The Big Apple" and (ii) a drill design for the Corona Band to use in the 2002 fall season. The drill design is basically the choreography defining how the various band members move during performances. 5. Accordingly, I purchased a study score of "The Big Apple" on April 19,
2002. A copy of the credit card receipt by which I purchased the study score is attached as Ex. A. I started preparing the arrangement for the Corona Band almost immediately after receiving that score. My preparation ofthe musical arrangement had begun and was well underway by the end ofApril, 2002. 6. Sectionals are practice sessions for the band by section of the band (for
instance, woodwinds). Sectionals for the 2002 fall season began in the first week ofJune. This is confirmed by the facility scheduling records, the relevant pages of which are attached as Ex. B. I had substantially completed the musical arrangement for "The Big Apple" by that time so that the students could begin the necessary practice ofthe piece at those sectionals. 7. William Richardson and I agreed that I would be compensated for the time
and effort involved in preparing the musical arrangement and drill design. Throughout this project, none ofmy efforts were performed on behalf of, or approved by, the Arizona Academy for the Performing Arts ("the Academy").
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8. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Jn December of 2002, after completion of the fall season and all
performances of "The Big Apple" by the Corona Band, William Richardson and I realized that I had not yet been compensated for either the musical arrangement or the drill design for "The Big Apple." At that time, we decided that it would be most convenient to pay me through the Academy, even though the Academy had not had any involvement in preparation of the musical arrangement or drill design. Accordingly, William Richardson had the school issue a purchase order on December 19, 2002 and I had the Academy issue an invoice on January 3, 2003, copies of which are attached as Ex. C. The payment that was received from the school pursuant to the purchase order and invoice was temporarily deposited into an Academy account, but all of those funds were promptly transferred to me. I declare under penalty of perjury that the foregoing is true and correct. Executed on this
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~/1day ofAugust, 2005.
Mark D. Richardson
DecIaraIIo,~ ~f Mark R~diardsoi~ DOC
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