UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF TEXAS 

AUSTIN DIVISION 

KIRK JOHNSTON, 

Plaintiff, 

v. 

CHAD KROEGER, MICHAEL KROEGER, 

RYAN PEAKE, DANIEL ADAIR, WARNER 

MUSIC GROUP, ATLANTIC RECORDING 

CORP., ROADRUNNER RECORDS, INC., 

WARNER/CHAPPELL MUSIC, INC., AND 

LIVE NATION ENTERTAINMENT, INC., 

Defendants. 

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NO. 20-CV-00497-RP 

DECLARATION OF JAMES BERKLEY IN SUPPORT OF DEFENDANTS CHAD 

KROEGER, MICHAEL KROEGER, RYAN PEAKE, DANIEL ADAIR, ROADRUNNER 

RECORDS, INC, AND WARNER CHAPPELL MUSIC, INC’S MOTION TO DISMISS

PLAINTIFF’S COMPLAINT PURSUANT TO FRCP 12(B)(6) 

I, JAMES BERKLEY, DECLARE:

1. I am employed as a Senior Research Analyst at Mitchell Silberberg & Knupp LLP

(“MSK”), counsel for Defendants Chad Kroeger, Michael Kroeger, Ryan Peake, Daniel Adair 

(collectively “Nickelback”) Roadrunner Records, Inc. and Warner Chappell Music, Inc. 

(erroneously sued as Warner/Chappell Music, Inc.) (collectively, “Defendants”) in this matter. 

Unless otherwise noted, I have personal knowledge of the following facts and, if called and 

sworn as a witness, could and would competently testify thereto under oath. 

2. Attached to Defendants’ Motion to Dismiss as Exhibit 1 is an MP3 sound recording of

Plaintiff Kirk Johnston’s alleged musical composition Rock Star, performed by the band 

Snowblind Revival, which I purchased from Amazon Music via the web page at the Uniform 

Resource Locator (“URL”) https://www.amazon.com/gp/product/B07HXVVPPG/ and

downloaded from the Amazon.com website on or about October 19, 2020, and which has been 

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placed on a flash drive by an MSK employee working at my direction. For purposes of 

identification, the name “Snowblind Revival” and case information for this action have been 

appended to the original file name. 

3. Attached to Defendants’ Motion to Dismiss as Exhibit 2 is an MP3 sound recording of

Nickelback’s musical composition Rockstar, performed by Nickelback, which I purchased from 

Amazon Music via the web page at the URL https://www.amazon.com/RockstarExplicit/dp/B0011Z0YR2/ and downloaded from the Amazon.com website on or about October 

19, 2020, and which has been placed on a flash drive by an MSK employee at my direction.1 For 

purposes of identification, the name “Nickelback” and case information for this action have been 

appended to the original file name. 

4. Attached to Defendants’ Motion to Dismiss as Exhibit 3 is a true and correct printout of

an entry from the Copyright Public Catalog of the United States Copyright Office for the song So 

you want to be a rock ’n’ roll star, which I obtained via the URL https://cocatalog.loc.gov/ on or

about October 16, 2020. 

5. Attached to Defendants’ Motion to Dismiss as Exhibit 4 is a true and correct printout of

an entry from the Copyright Public Catalog of the United States Copyright Office for the musical 

composition Rock ’n’ roll singer by AC/DC, which I obtained via the URL 

https://cocatalog.loc.gov/ on or about October 16, 2020. 

6. Attached to Defendants’ Motion to Dismiss as Exhibit 5 is a true and correct printout of

an entry from the Copyright Public Catalog of the United States Copyright Office pertaining to 

the musical composition Rock n’ Roll band by Boston, which I obtained via the URL 

https://cocatalog.loc.gov/ on or about October 16, 2020. 

1

 The flash drive containing Exhibits 1 and 2 is being sent to the Court via FedEx. 

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I 

7. Attached to Defendants' Motion to Dismiss as Exhibit 6 is a true and correct printout of 

an entry from the Copyright Public Catalog of the United States Copyright Office for the musical 

composition Wanna be a rock 'n' roll star by Eddie Money, which I obtained via the URL 

https://cocatalog.loc.gov/ on or about October 16, 2020. 

8. Attached to Defendants' Motion to Dismiss as Exhibit 7 is a true and correct printout of 

an entry from the Copyright Public Catalog of the United States Copyright Office for the musical 

composition Rock 'n' roll star by REO Speedwagon, which I obtained via the URL 

https://cocatalog.loc.gov/ on or about October 16, 2020. 

9. Attached to Defendants' Motion to Dismiss as Exhibit 8 is a true and correct printout of

an entry from the Copyright Public Catalog of the United States Copyright Office for the musical 

composition Rock 'n' roll to the rescue by The Beach Boys, which I obtained via the URL

https://cocatalog.loc.gov/ on or about October 16, 2020. 

10. Attached to Defendants' Motion to Dismiss as Exhibit 9 is a true and correct printout of 

an entry from the Copyright Public Catalog of the United States Copyright Office for the musical 

composition Rock Star by Everclear, which I obtained via the URL https://cocatalog.loc.gov/ on 

or about October 16, 2020. 

I declare under penalty of perjury under the laws of the United States of America that the 

foregoing is true and correct. 

Executed this 21st day of October, 2020, at Los Angeles, California. 

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