MEMORANDUM ENDORSED 

PROSKAUER 

June 29, 2007 

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Telephone 212 969 3000 

Fax 212 969 2900 

Louis M. Solomon 

Member of the Firm 

D~rect Dial 212969.3200 

koiomon@proskauer com 

?.- 

I By Hand 

BOSTON 

BOCA RATON 

NEWARK ' 

NEW ORL&< 

PARIS I.. 

- 

C"1 Hon. Louis L. Stanton 

0 United States District Judge 

3 United States Court House 

1' : 500 Pearl St., Room 2250 2.: 

- 

8 

New York, NY 10007 

v. Y~mrer~~aaue("~~/~Tube, et 01.. 07 Civ. 35870 A 

Dear Judge Stanton: 

We write jointly as co-counsel in this action for the PL!B Plaintiffs and the prospective Class. 

We seek leave to file a motion to appoint Proskauer Rose LLP and Bemstein Litowitz Berger & 

Grossmaiu~ LLP (the "Firms") interim Class counsel in this action. FRCP 23(g)(2)(A)("The 

court may designate interim counsel to act on behalf of the putative Class before determining 

whether to certify the action as a class action".) The essential grounds for the motion are twofold: First, prompt appointment is necessary so as to continue the significant progress the Firms $* Dh 

are making with counsel for defendants and with counsel for plaintiff Viacom in the related case . C. before Your Honor, Viacom lnrernalional et ni. v. YouTube, Inc. et al., 07 Civ. 2103 (LLS) (the 

"Viacom Action") in coordinating, streamlining, and expediting both this action and Viacom 

Action. Second, appointment now is necessary because a late-filed class action in Tennessee 

threatens to delay this case, throw over the constructive efforts now being made here, and 

severely prejudice the Class. 

Background. The Complaint in this action (filed 5/4/07) names as defendants YouTube, Inc., 

YouTube. LLC, and Google, Inc. (together, the "Defendants") and seeks injunctive and other 

relief to stop Defendants' unauthorized and uncon~pensated use on the YouTube.com website of 

the copyrighted works of the PLIB Plaintiffs and all other similarly situated copyright holders 

(the "Class"). The case has attracted national and international interest, involving the valuable 

intellectual property of many thousands of artists, musicians, sportscasters, and other content 

producers on the one hand and, on the other hand, the practice of a prominent website to profit 

by making that property available, without consent, to hundreds ofmillions of internet viewers. 

Case 1:07-cv-03582-LLS Document 14 Filed 07/02/2007 Page 1 of 10
PROSKAUER ROSE LLP 

Hon. Louis L. Stanton 

June 29.7007 

Page 2 

Pre-suit. the Firms here labored for more than seven months in investigating and preparing the 

case. The Complaint is highly detailed and amasses substantial evidence of the Class's claims. 

Since the filing of the Con~plaint, we have been active in setting up a dedicated 1-800 number 

and a website to communicate with prospecti~e Class members. We have assisted dozens of 

prospective Class members in understanding their rights and keeping abreast of the case. 

Our efforts have already benefited by the Class and the judicial process here. For example: 

(i) Several prospective Class members both here and abroad. occupying prominent positions in 

the sports and music publishing fields and collectively owning hundreds of thousands of 

copyrights, have spoken out publicly to express their strong support for the PLIB plaintiffs and 

their intention to join this action (press releases attached): 

(ii) After a different competing class action was filed in California. the Firms and counsel in the 

California action conferred. Since it is clear that the center of gravity of the Class is in this 

action. the California action was withdrawn, and counsel in that action have appeared here; 

(iii) The Firms have entered into a joint prosecution agreement with counsel for Viacom in 

connection with this and the Viacom Action; and 

(iv) Significant progress was made at the Rule 26(f) conference, which was jointly held among 

all parties in both this and the Viacom Actions. Anlong the proposals we have made progress 

on, subject to Your Honor's views, are that discovery in the actions would be coordinated and 

that class certification issues would be taken up after the close of fact discovery. 

Over a month after we filed suit. another action was filed in Tennessee. Cal IV Entertainment 

LLC v YouTube, et al., 3:07-cv-00617 (M.D. Tenn.). Cal IV is not representative of the entire 

Class, yet the Cal IV Complaint repackages the essential facts, allegations, class definition, class 

period, claims, and causes of action that are in the PLIB Complaint. Based on the dates alleged 

in the Cal IV Complaint, it appears that Cal IV's due diligence did not even begin until after the 

PLIB Complaint was filed. The Cal IV Action is now creating confusion among potential 

claimants. It threatens to delay this action and prejudice the Class by fragmenting the 

cohesiveness engendered by our efforts and interfere with our ability to represent the putative 

Class in both this and other actions. 

Grounds for the Motion. Rule 23(g)(2)(A) broadly empowers this Court to appoint interim 

counsel to protect the interests of the putative Class. Among the factors cited by the Advisory 

Committee for the Rule are the need to attend to pressing pre-trial activities prior to 

certification. including the need for pre-certification discovery, and the presence of "rivalry or 

uncertainty" resulting from the filing of competing class actions. See Adv. Committee Notes to 

Fed. R. Civ. P. 23(g)(2)(A). These precise circumstances exist here. 

Case 1:07-cv-03582-LLS Document 14 Filed 07/02/2007 Page 2 of 10
PROSKAUER ROSE LLP 

Hon. Louis L. Stanton 

June 29,2007 

Page 3 

mt. events in this and other related cases need the prompt attention of Class counsel, who 

should be able to act expeditiously and with interim authority only. The Firms need to prosecute 

the claims of the prospective Class swiftly in order to stop or minimize the continuing ham1 to 

the Class from Defendants' ongoing unlawful conduct. We need to expedite proceedings and 

discovery in this case so that lve stay on the same schedule as the Viacom Action and can 

efficiently coordinate with Viacom counsel. Appointment of intcrini Class counsel now will 

allow the Class to act cohesively to coordinate its activities. We have talked to Viacom. and 

while we cannot state that we know what Viacom will do with respect to opting out of the class, 

counsel for Viacom has authorized us to state that Viacom supports our appointment as interim 

Class counsel and believes that such appointment would be in the best interests of the 

expeditious resolution of the claims against Defendants. 

Wd, the filing of the copycat Cal IV action will harm the intercsts of the Class by promoting 

delay, confusion, and prejudice to the Class' interests. Multiple law firms in multiple litigations 

will not efficiently speak for the same Class. And, quite importantly, the proposal to coordinate 

discovery in this and the Viacom Actions and to conduct class certification issues at the close of 

discovery will benefit all litigants and this Court considerably but will have to be abandoned if 

we face a competing class schedule in the Tennessee action. 

md, counsel for the PLIB Plaintiffs satisfy the requisites for appointment as interim Class 

counsel and are, we submit, the only counsel in either of the pending matters who do. The Firms 

have already collectively spent thousands of hours of attorney time developing a litigation 

strategy, monitoring, recording, and scrutinizing Defendants' infringing conduct, drafting the 

Complaint, gathering support, and unifying the Class. We have already coordinated the pending 

actions before this Court The Firms have substantial relevant experience handling copyright 

actions and class actions Proskauer Rose is a large, national firm with a preeminent intellectual 

property practice and substantial expertise in copyright law and the Digital Millennium 

Copyright Act. Bemstein Litowitz is a preeminent affirmative class action fir111 and has 

successfully litigated the most high-profile class actions. 

The schedule here and the pendency of the Tennessee action call for as prompt attention to this 

matter as Your Honor can accommodate. We therefore request that Your Honor permit us to 

serve our papers immediately on receipt of approval by the Court; that any opposing papers be 

sc~ed a week thereafter; any reply within a week after that; and argument promptly thereafter. 

Respec~fully submitted. 

/Li#J& Louis M. Solomon p/- d 

John P. Coffey 

cc: Counsel for All Parties in this and Viacom Actions; and in the Actions 

Daniel C. Girard. Esq. (counsel for the Cal IV Plaintiffs) 

Case 1:07-cv-03582-LLS Document 14 Filed 07/02/2007 Page 3 of 10
ATTACHMENT 

Case 1:07-cv-03582-LLS Document 14 Filed 07/02/2007 Page 4 of 10
Welcome to Cherry Lane Music Publishing Page 1 of 2 

ANOTHER LEADING MUSIC PUBLISHER ANNOUNCES SUPPORT FOR COPYRIGHT CLASS 

ACTION AGAINST YOUTUBEIGOOGLE 

NEW YORK, NEW YORK (June 6, 2007) Cherry Lane Music Publishing Co., Inc., a leading 

independent music publisher responsible for catalogues of world famous artists -such as Elvis Presley. 

Quincy Jones, The Black Eyed Peas. John Legend, and more than 65,000 other copyrights -and for 

key partnerships with creative companies such as DreamWorks Pictures and DreamWorks Animation 

SKG, today announced that it joins and strongly supports the copyright infringement class action claims 

against YouTube and Google brought by The Football Association Premier League L~mited ("Premier 

League") and Bourne Co. ("Bourne"). 

The class action comolaint. filed in federal court in New York Citv on Mav 4. 2007, asserts claims on 

behalf of all copyrighiowners who have had their material copied and exploited on Google's YouTube 

website without authorization. The lawsuit asks a federal judge for a court order to stop YouTube's 

unauthorized and uncompensated use of the creative works of Class members, force YouTube to adopt 

existing technology to prevent unauthorized content from being exploited, and for damages for past 

infringement. 

According to Peter W. Primont, Chief Executive Officer at Cherry Lane: "We are pleased to be joining 

forces with Premier League and Bourne to put a stop to YouTube's unauthorized use of copyrighted 

works without compensating the owners and creators of those works, including the many composers 

and songwriters on our roster." Primont continued, "We have a record of unsurpassed meticulousness 

and diligence in the protection of our clients' copyrights and collection of income due them. In addition, 

Cherry Lane has a long history of finding outlets for the music catalogues we manage, and in so doing 

we have struck innovative partnerships with dozens of entertainment companies and have licensed 

songs for ail media, including websites. We want to be able to continue these important efforts on 

Case 1:07-cv-03582-LLS Document 14 Filed 07/02/2007 Page 5 of 10
Welcome to Cherry Lane Music Publishing Page 2 of 2 

behalf of our songwriters and composers, so that they get the full benefit of their hard work, without 

being held hostage by YouTube's infringement." 

Cherrv Lane is one of the world's to^ four inde~endent music ~ublishers. Headauartered in New York, 

~herj Lane administers more than'65.000 cobyrights, including a roster of songwriters and composers 

such as Elvis Presley, Quincy Jones. The Black Eyed Peas, John Denver, John Legend, Wolfmother, 

and many others. Cherry Lane's partners and cl~ents include production companies such as 

Dreamworks Pictures and Dreamworks Animation SKG, Icon Productions, Walden Media and brands 

such as Pokemon. NFL Films, NASCAR, and World Wrestling Entertainment 

The lawsuit, The Football Association Premier League Limited, et al. v. YouTube, Inc., et al., 07 Civ. 

3582 (LLS), is pending before the Honorable Louis L. Stanton in the United States District Court for the 

Southern District of New York. The Premier League. which is the UK's top tier soccer league, and 

Bourne, an independent music publisher founded in 1919, are represented in this matter by Proskauer 

Rose LLP and Bernstein Litowitz Berger & Grossmann LLP. Inquiries can be directed either to Louis M 

Solomon at Proskauer Rose at 212-969-3200 or Sean Coffey at Bernstein Litowitz at 212-554-1409. 

Further information about the suit can also be found at www.youtubeclassaction.com 

Back 

publishing home features & news music search - licensing - roster. reel . about us . contact us - help 

Cherry Lane Music Group Home . Flash Version 

0 Copyrsght 2007 Cherry Lane MUSK Publlsh~ng Company Inc All rzghts reserved 

Please direct stte problems to the webmaster 

Case 1:07-cv-03582-LLS Document 14 Filed 07/02/2007 Page 6 of 10
Roland Garros - The 2007 French Open - Official Site by IBM Page 1 of 2 

$@$ RADIO ROLAND G 

French Open organizer and Professional French 

Soccer Leagues announce support for copyright 

Daily Summary class action against youtube/google 

Photo Galleries Wednesday, June 6,2007 

Piayer Photo NEW YORK, NEW YORK (June 6, 2007). The Federation Fran~aise de Gaiieries Tennis, France's national tennis organization and the organizer of the 

IBM Perfect Player French Open, and the Ligue de ~ootball Professionnel, one of the top .- A TV camera on Rolandprofessional football leagues in the world, today announced that they join Garros center~~"& 

Articles and strongly support the copyright infringement class action claims against YouTube and Googie 

brought by lead plaintiffs, The Football Association Premier League Limited ("Premier League") and Interviews Bourne Co. ("Bourne"). 

Featured Match 

Analysis The class action complaint, filed in federal court in New York City on May 4, 2007, asserts claims on 

behalf of all copyright owners who have had their material copied and exploited on Google's YouTube 

website without authorization. The lawsuit asks a federal judge for a court order to stop YouTube's 

unauthorized and uncompensated use of the creative works of Class members, force YouTube to adopt 

existing technology to prevent unauthorized content from being exploited, and for damages for past 

infringement. 

Federation Francaise de Tennis is France's national tennis oraanization. It oraanizes the French Open. 

one of the four Grand Slam tournaments in tennis, and manages France's ~ivis Cup and Fed cup 

teams. Live uodates and daiiv video hiahiiahts - of the 2007 French Ooen. takina -. place this week. can be 

found at h~~:'~www~roianda~rros.com. According to Michei Grach, Media Dlrector for the French Open: 

"We strong y s~pport tie efforts to stop ~o~~ube-from explottlng copyr~ghtea wor6 w thout 

compensation YOJTLD~ h~naers oLr efforts to deve op ana promote tne sport of tenn.8 in tne Interest of 

amateur and professional players and fans throughoit ~ran;e and the woild through a variety of media, 

including our own innovative websites." 

Ligue de Football Professionnel is the professional soccer league in France. It manages the two 

professional divisions of French soccer, Ligue 1 and Ligue 2, as well as the French Supercup and League 

Cup. French league games are broadcast in more than 150 countries and regularly watched by millions 

of fans around the world. Jean-Pierre Hugues, General Manager at the Ligue de Football Professionnel, 

added, 'we support the efforts of the ciass action to stop YouTube from profiting from the work of our 

teams and players, and to allow us to fully exploit our own resources so that we can continue to 

Case 1:07-cv-03582-LLS Document 14 Filed 07/02/2007 Page 7 of 10
Roland Garros - The 2007 French Open - Official Site by IBM 

develop French professional soccer for the benefit of our fans around the world." 

The lawsuit, The Football Association Premier League Limited, et al. v. YauTube, Inc., et al., 07 Civ. 

3582 (LLS), is pending before the Honorable Louis L. Stanton in the United States District Court for the 

Southern District of New York. The Premier League, which is the UK's top tier soccer league, and 

Bourne, an independent music publisher Founded in 1919, are represented in this matter by Proskauer 

Rose LLP and Bernstein Litowitz Berger & Grossmann LLP. Inquiries can be directed either to Louis M. 

Solomon at Proskauer Rose at 212-969-3200 or Sean Coffey at Bernstein Litowitz at 212-554-1409. 

Further information about the suit can also be found at www.voutubeclassaction.cq_m_ 

Roland Garros 

beach towels - 

Case 1:07-cv-03582-LLS Document 14 Filed 07/02/2007 Page 8 of 10 Page 2 of 2 
B!oomberg.com: Investment Tools Page 1 of 2 

rokyo, Jun 30 00:38 

;mmilzm 

Tracker Copyright Class Action against YouTube/Google Gains Additional 

Market Monitor 

Fund Center Support from the Association of European Professional Football Leagues Calculators 

Widess NEW YORK--(BUSINESS WIRE)--June 27,2007 The Association of Finnnd European Professional Football Leagues ("EPFL") announced today that it Glossary strongly supports The Football Association Premier League Limited ("Premier 

League") and Bourne Co. ("Bourne") on their the copyright class action against 

YouTube and Google. The EPFL, representing the interests of 19 Member and 

RESOURCES Associate Member Leagues across Europe and more than 500 affiliated clubs, 

in countries such as Austria, Belgium, Denmark, Republic of Ireland, England, 

~O~ber~ Finland, France, Germany, Greece, the Netherlands, Italy, Portugal. Norway, 

Blgo~nb_cr;! Slovenia, Spain, Switzerland, Sweden and Scotland, has joined other recent 

Radio supporters, including Cherry Lane Music Publishing Coi one of the world's 

leading independent music publishers -- responsible for catalogues of world -- Reports - famous artists such as Elvis Presley, Quincy Jones, The Black Eyed Peas, John 

aoXdXIX Legend, and more than 65,000 other copyrights -- the national French Tennis 

Podcasts Federation (Federation Francaise de Tennis), and the French Professional 

Bloomberg Football League (Ligue de Football Professionnel). The EPFL is encouraging Markets all its members to actively join the suit, demanding YouTubelGoogle to 

Magazine immediately cease their massive and rampant infringement of the copyrighted 

B'oo~b~g~Pre~s works of the European football leagues. The EPFL is concerned that YouTube 

has launched localized sites across the world including in France, Ireland, Italy, 

Netherlands, Poland, Spain and the UK, and is inviting its members, who 

arrange collectively football games viewed annually by billions of people in 

approximately 204 countries around the world, to take action with the intention 

of protecting its legitimate rights. 

The class action complaint, filed in federal court in New York City on May 4, 

2007, asserts claims on behalf of all copyright owners who have had their 

material copied and exploited on the You'I'ube website without authorization. 

The lawsuit asks a federal judge for a court order to stop YouTube's 

unauthorized and uncompensated use of the creative works of Class members, 

Case 1:07-cv-03582-LLS Document 14 Filed 07/02/2007 Page 9 of 10
B!oomberg.com: Investment Tools 

force YouTube to adopt existing technology to prevent unauthorized content 

from being exploited, and for damages for past infringement. 

The lawsuit, The Football Association Premier League Limited, et al. v. 

YouTube, Inc., et al., 07 Civ. 3582 (LLS), is pending before the Honorable 

Louis L. Stanton in the United States District Court for the Southern District of 

New York. The Premier League, which is the UK's top tier soccer league, and 

Bourne, an independent music publisher founded in 1919, are represented in 

this matter by Proskauer Rose LLP and Bemstein Litowitz Berger & 

Grossmann LLP. Inquiries can be directed either to Louis hf. Solomon at 

Proskauer Rose at 212-969-3200 or Sean Coffey at Bernstein Litowitz at 212- 

554-1409. Further information about the suit can also be found by calling a toll 

free number (1-866-725-0516) or online at ~v.youtubeclassaction.com. 

CONTACT: Linden Alschuler & Kaplan, Inc. Josh Epstein, Senior Vice 

President. Public Relations, 212-575-4545 jepstein6jlak.w 

Last Updated. June 27, 2007 10:57 ED7 

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