Farkas v. Rich Coast Corporation et al

MOTION for Partial Summary Judgment

M.D. Pa.October 13, 2016

HEENEY & ASSOCIATES, P.C. By: Thomas P. Heeney, Jr, Esquire Attorney LD. #77478 103 Grandview Road Boyertown, PA 19512 (215) 262-8707 Attorney for Defendants Julie & Lance J. Ufema IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ABBEY FARKAS Plaintiff vs. RICH COAST CORPORATION and JULIE 0. UFEMA and LANCE J. UFEMA D/B/A GROUP 13 PRODUCTIONS Defendants CASE NO. 1:14-cv-272 JUDGE JOHN E. JONES, III CIVIL ACTION - LAW DEFENDANTS JULIE 0. UFEMA and LANCE J. UFEMA'S MOTION FOR PARTIAL SUMMARY JUDGEMENT Pursuant to Rule 56 of the Federal Rules of Civil Procedure and Local Rule of Civil Procedure 56.1, Defendants Julie 0. Ufema and Lance J. Ufema, d/b/a Group 13 Productions by and through their counsel, Thomas P. Heeney, Jr., Esquire, file this Motion for Partial Summary Judgement on the issue ofPlaintiffs copyright claims in the above-captioned action. In support of the Defendants' herein Motion for Partial Summary Judgment, Defendants incorporates by reference Plaintiffs supporting Memorandum of Law, Statement of Material Facts, and all supporting documents. Case 1:14-cv-00272-JEJ-MCC Document 126 Filed 10/13/16 Page 1 of 8 INTRODUCTION 1. This copyright infringement action was commenced by Plaintiff Abbey Farkas (hereafter "Plaintiff') against Defendants Julie 0. Ufema and Lance J. Ufema, d/b/a Group 13 Productions (hereafter "Defendants"). Plaintiffs copyright registration was issued in error and Plaintiff knew at the time she registered her alleged copyright with the Copyright Office that she did not possess a valid copyright, this motion seeks partial summary judgement on the copyright issues in this matter, namely Count I: Copyright Infringement, Count II: Commercial Appropriation, and Count III: Contributory Infringement ofPlaintiffFarka's Complaint and Count I: Declaratory Judgment of Invalidity of Copyright Registration No. P A 1-844-775 and Count II: Fraud on the U.S. Copyright Office of Defendant's Counter Claims. I. PLAINTIFF INFRINGED ON DEFEFENDANTS' EXCLUSIVE RIGHTS GRANTED TO A COPYRIGHT OWNER 2. A prima facie case of copyright infringement consists of ( 1) ownership of the copyrights and (2) violation of one of the exclusive rights granted to a copyright owner. See generally 4 M. & D. Nimmer, Nimmer on Copyright § 13.01 (2006). 3. As a copyright is secured automatically upon creation (17 U.S. Code §102(a) "Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device."), Defendants Ufemas own the copyright at issue as they created the motion picture film of Caveat and all underlying works including, but not limited to, the raw film footage and script of the film. 4. 17 U.S.C. § 106 grants owners of copyrighted works certain exclusive rights, and Case 1:14-cv-00272-JEJ-MCC Document 126 Filed 10/13/16 Page 2 of 8 precludes others from engaging in specific activities without the express authorization from the copyright owner. The pertinent part of the statute reads: "The owner of the copyright ... has the exclusive rights ... (1) to reproduce the copyrighted work ... ; (2) to prepare derivative works based upon the copyrighted work ... " 5. To establish a claim of copyright infringement, a party must establish: (1) ownership of a valid copyright; and (2) unauthorized copying of original aspects of that work. Whelan Assocs., Inc. v. Jaslow Dental Laboratory, Inc., 797 F.2d at 1231 (3rd Cir. 1986); Gates Rubber Co. v. Bando Chern. Indus., 9 F3d 823, 831 (lOth Cir. 1993). Copying is a "shorthand reference to the act of infringing any of the copyright owner's five exclusive rights set forth at 17 U.S.C. § 106." Ford Motor Co. v. Summit Motor Products, Inc., 930 F.2d 277,291 (3d Cir.1991). 6. In the absence of express authorization, a party which copies elements of a copyrighted work, in any form enumerated in 17 U.S.C. § 106, without permission of the party with the valid ownership of the original copyrighted work is infringing on the ownership of the copyright. 7. Defendants Ufemas' copyright of Caveat began with first, their creation of the script, then with production of the movie in July of 2011. Plaintiff Farkas was hired in August 2011 after the filming was primarily finished. 8. Although Plaintiff was in possession of a hard drive containing raw footage of the motion picture Caveat there was no transfer of ownership or permission to use the footage in a separate copyrightable work from the Defendants. 9. Caveat premiered on December 3, 2011. 10. Plaintiff applied for a copyright of her editing in May 2013 but had never sought permission from the Defendants to use the footage from Caveat, the underlying work. As Plaintiff Case 1:14-cv-00272-JEJ-MCC Document 126 Filed 10/13/16 Page 3 of 8 had no ownership or licensing agreement of the underlying raw footage that was used in her copyright, her copyright is invalid, as no derivative work can be based upon a copyrighted work without permission ofthe copyright owner (17 U.S. Code§ 106 "The owner of copyright under this title has the exclusive rights to do and to authorize.... derivative works based upon the copyrighted work"). 11. US Copyright Office Circular 14: Derivative Works notes that: "A typical example of a derivative work received for registration in the Copyright Office is one that is primarily a new work but incorporates some previously published material. This previously published material makes the work a derivative work under the copyright law. To be copyrightable, a derivative work must be different enough from the original to be regarded as a "new work" or must contain a substantial amount of new material. Making minor changes or additions of little substance to a preexisting work will not qualify the work as a new version for copyright purposes. The new material must be original and copyrightable in itself." 12. When questioned in her deposition, the Plaintiff could not articulate how her editing was substantially different than the editing that was done in the December 3, 2011 version or subsequent versions of the motion picture Caveat. As the Plaintiff could not state how her work was different enough to be represented as an original work of authorship, her work cannot be considered a "derivative work" that can be copyrighted even if the Plaintiff had obtained the requisite permission from the Defendants to use the Defendants' film footage. 13. Plaintiff Farkas secured her alleged copyright 17 months after the public premiere of Caveat on December 3rd, 2011. Plaintiff was aware that Plaintiffs contribution to the work at issue was not copyrightable and that Plaintiffs contribution to the work at issue was a "work made for hire" Case 1:14-cv-00272-JEJ-MCC Document 126 Filed 10/13/16 Page 4 of 8 14. In fact, when the Plaintiff first completed the Copyright Registration application for the work at issue, the Plaintiff checked the box stating her contribution to the work at issue was a "work made for hire." A copyright specialist at the Copyright Office contacted the Plaintiff by email on June 21st, 2013 regarding her "work for hire" designation on her application. The Plaintiff responded four days later, on June 25, 2013 and stated: "Please allow this email to confirm that I am indeed the author of the film editing and the 'work for hire' designation was made in error." 15. Plaintiff had also stated that she was the sole author of the film editing on the motion picture Caveat, when Amanda Burns, Michael Calabro, and Coalin Smith were also credited editors of the film. 16. Plaintiffs film editing contributions to the final cut of the film were so minor that the Plaintiff could not appropriately designate herself as co-author of the film or as a co-author of the film editing of Caveat. Therefore, the Plaintiff intentionally deceived the U.S. Copyright Office when she filed and executed her Copyright Registration Application for the work at issue as she was intentionally deceptive regarding the authorship of the work at issue. 17. Plaintiff Farkas was also intentionally deceptive when she had responded to the Copyright Office's email that she was the author of the work at issue and that the work at issue was not made as a "work for hire." Plaintiff intentionally deceived the U.S. Copyright Office regarding the authorship and ownership of the work that she had copyrighted. 18. The United States Copyright Office relied upon the Plaintiffs material and intentional misrepresentations in granting a Copyright Registration to Plaintiff Farkas. But for the material and intentional misrepresentations made by the Plaintiff to the Copyright Office, the Plaintiff would have never been granted a Copyright Registration. 19. The Plaintiff cannot articulate what damages she has suffered and, as such, there Case 1:14-cv-00272-JEJ-MCC Document 126 Filed 10/13/16 Page 5 of 8 can be no recovery by Plaintiff. Plaintiffs copyright registration was on May 23, 2013, almost a full one and a half years after the public premiere of Caveat on December 3rd, 2011. Since Plaintiff waited more than 17 months to register her alleged copyright she is not entitled to statutory damage or attorney fees (7 U.S. Code § 412(1) " .. .leaves no room for discretion, mandating that no attorney's fees or statutory damages be awarded so long as the infringement commenced before registration of the copyright." Johnson v Jones, 149 F.3d 494 at 504-505 (6th Cir. 1998). 20. Lastly, as The Copyright Act of 1976 authorizes the trial court "to award a reasonable attorney's fee to the prevailing party .... " 17 U.S.C. § 505, and as attorney's fees have long been awarded in cases of willful copyright infringement even though no actual damages were awarded or even sought, (see, e.g., Shapiro, Bernstein & Co. v. Jerry Vogel Music Co., 161 F.2d 406, 410 (2d Cir.1946); Twentieth Century Music Corp. v. Frith, 645 F.2d 6 (5th Cir.1981) (per curiam), it is the Defendants that are entitled to an award of attorney's fees. II. CONCLUSION 21. In the absence of any evidence which would support that Plaintiff had the express permission from the Defendants to use their underlying work as part of her copyright, and as the Plaintiff herself could not articulate how her editing was substantially different than the existing original work that belongs to the Defendants, and because the Plaintiff knew, or should have reasonably known, that she was not the sole author of the work in question, there is no genuine issue of material fact that would support conferring the legal protections of the Copyright Act to P A1-844-775, her alleged copyrighted work. WHEREFORE, the Defendants hereby respectfully request that this Honorable Court grant Defendants' Motion for Partial Summary Judgment on Count I: Copyright Infringement, and by operation of law invalidate Count II: Commercial Appropriation and Count III: Contributory Infringement of Plaintiff F ark a's Complaint and further rule that the copyright of P A 1-844-77 5 is Case 1:14-cv-00272-JEJ-MCC Document 126 Filed 10/13/16 Page 6 of 8 invalid. And as Plaintiff knew, or should have known, at the time she registered Copyright Registration No. PA 1-844-755 that she did not possess a valid copyright and therefore committed a fraud on the US Copyright Office, Defendants respectfully request that damages suffered related to Counts I and II of their Counter Claims shall be assessed at the time of trial. DATE: October 13, 2016 Respectfully submitted, HEENEY & ASSOCIATES, P.C. Is/Thomas P. Heeney, Jr. Thomas P. Heeney, Jr., Esq. Attorney for Defendants Case 1:14-cv-00272-JEJ-MCC Document 126 Filed 10/13/16 Page 7 of 8 CERTIFICATE OF SERVICE I, Thomas P. Heeney, Jr., Esq., certify that all counsel of record were sent a true and correct copy of this pleading via electronic service by ECF on the below date. DATE: October 13,2016 RobertS. Richman, Esq. Law Offices of Robert Richman 711 Woodland Drive Pittsburgh, PA 15238 robrichman@hotmail.com Stephen S. Snook, Esq. Bierbach McDowell Zanic 20 South Wayne Street Lewistown, P A 17044 ssnook@bmzlaw.com Respectfully submitted, HEENEY & ASSOCIATES, P.C. Is/Thomas P. Heeney, Jr. Thomas P. Heeney, Jr., Esq. Attorney for Defendants Case 1:14-cv-00272-JEJ-MCC Document 126 Filed 10/13/16 Page 8 of 8 EXHIBIT A Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 1 of 44 Exam./Heeney -- Abbey B. Farkas 24 1 agree? Half-an-hour travel time? 2 A Depends on what you're used to, I 3 guess. 4 Q Yes. 5 A At the time, it seemed fairly close, 6 yeah. 7 Q Do you travel to work now? 8 A I do. I walk about 40 minutes. 9 Q That's a long walk. Okay. So for 10 $750 -- you understood you were getting paid $750 11 per month for your film editing work, and you • 12 13 were to work with other editors. A (Witness nods head.) 14 Q At that time, how many editors did 15 you understand you would be working with? 16 A I can't remember the number, 17 honestly. There would be Mike Calabro, Coalin 18 Smith, Mitch Cleaver -- 19 Q Jon Craig? 20 A -- Jon Craig, Bob Taylor. Some of 21 those people didn't ultimately end up 22 participating in the edit of the film itself. 23 Q So Amanda didn't participate in the • 24 editing; correct? Or did she? 25 A I can't say with certainty. Geiger Loria Filius McLucas Reporting, LLC York 717-845-6418 Harrisburg 717-541-1508 Toll Free 1-800-233-9327 Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 2 of 44 EXHIBITB Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 3 of 44 Exam./Heeney -- Abbey B. Farkas 21 1 next? 2 A It's been so long. In August of 3 2011, I met with the Ufemas to discuss becoming 4 the head editor for the project. I guess it 5 became apparent that they needed somebody to 6 wrangle everybody. 7 Q This was in August? 8 A I was contacted probably the end of 9 July and then met with them in August to discuss 10 taking up the position of lead or head editor. 11 Q Did you travel to Lewistown to meet • 12 13 the Ufemas, or did they come up to see you? How did that happen? 14 A I traveled to 41 Meadowbrook. 15 Q And what happened during that 16 meeting? 17 A We discussed what work was to be 18 done as the Ufemas understood it, and we also 19 discussed -- well, they made -- they asked me how 20 much I was making with my internship, and I told 21 them $650 a month. And then Julie said, well, we 22 can give you $750 a month. 23 Q So your understanding was that you A Yes. • 24 25 were getting paid monthly? Geiger Loria Filius McLucas Reporting, LLC York 717-845-6418 Harrisburg 717-541-1508 Toll Free 1-800-233-9327 Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 4 of 44 EXHIBITC Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 5 of 44 Exam./Heeney -- Abbey B. Farkas 32 1 But in -- or I actually started as a head editor; 2 I edited scenes before that date -- mid-August -- 3 Q I'm sorry. You said you had edited 4 scenes prior to? 5 A I had done a rough edit of at least 6 one scene. 7 Q And were you paid for that, or was 8 that a volunteer kind of thing? 9 A It was a volunteer thing at that 10 point. 11 Q Was Amanda volunteering, if you • 12 13 know? A When she acted in the capacity of 14 production assistant, she was not volunteering. 15 After that point, I'm not entirely certain. 16 Q So how did it come to pass that you 17 went to live at 41 Meadowbrook in Lewistown? 18 A I had discussed with the Ufemas that 19 my lease was coming due. And I had asked 20 specifically, you know, is it possible I could 21 get a little more money so that I could afford 22 some rent? They said, we can't pay you any more 23 than that, than what we had offered. live at 41 Meadowbrook Lane; we have some extra • 24 25 And so they said, well, you can Geiger Loria Filius McLucas Reporting, LLC York 717-845-6418 Harrisburg 717-541-1508 Toll Free 1-800-233-9327 Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 6 of 44 • • Exam./Heeney -- Abbey B. Farkas 1 rooms. And I believe they offered up the guest 2 house initially, but it was very musty in there, 3 and I'm very sensitive to that. 4 So ultimately I had two rooms at 41 5 Meadowbrook Lane, a room that I slept in and a 6 room where I edited. 7 Q Were you required to pay any rent? 8 A It was -- I understood it to be a 9 gift. 10 Q Did you have use of the kitchen 11 facilities? 12 A I did. 13 Q And you could come and go as you 14 pleased; correct? There wasn't any curfew or 15 anything like that; right? 16 A No, there wasn't. 17 Q And am I correct that you weren't 18 required to live at Meadowbrook; right? 19 A There really wasn't another option 20 in order to be able to work on the film if they 21 couldn't pay me extra money per month so that I 22 could pay rent. $750 a month isn't enough. 23 I mean, rent's cheap in Lewistown, 24 but there's life expenses, as well. $750 pretty 25 much covers groceries and gas money. Geiger Loria Filius McLucas Reporting, LLC York 717-845-6418 Harrisburg 717-541-1508 Toll Free 1-800-233-9327 33 Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 7 of 44 Exam./Heeney -- Abbey B. Farkas 34 1 Q Right. So when did you move in? 2 A Mid-August 2011. 3 Q And when you moved in, was it just 4 you that moved in, or did Amanda move in with 5 you? 6 A I don't recall. 7 Q Did you bring all your possessions 8 from State College to Lewis -- Lewistown, is it? 9 A I brought -- pretty much everything 10 that I had in State College, yes, I brought to 11 Lewistown. • 12 13 Q A And that all fit in those two rooms? Yeah, easy. 14 Q So mid-August, you're working on the 15 film presumably; correct? 16 A I would like to amend. I did have 17 some stuff that I stored in the guest house, a 18 bed frame. We kept that in the guest house away 19 from the main house. Ask the question again. 20 I'm sorry. 21 Q So mid-August, you're living with 22 the Ufemas; right? Where was Amanda living at 23 the time? • 24 A She was bouncing around. You know, 25 production work is variable. You know, you'll be Geiger Loria Filius McLucas Reporting, LLC York 717-845-6418 Harrisburg 717-541-1508 Toll Free 1-800-233-9327 Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 8 of 44 Exam./Heeney -- Abbey B. Farkas 36 1 Q You didn't do any other work for 2 anybody else? That's what I'm getting at. 3 A Not that I recall. 4 Q How long did you live in Lewistown? 5 A I lived in Lewistown between 6 mid-August 2011 and mid-October 2011. 7 Q So about two months? 8 A About two months, yes. 9 Q How did you like living in 10 Lewistown? 11 A It's quaint. • 12 13 Q A Quaint? The downtown area is very pretty, 14 but I didn't get down there too often. I didn't 15 have a car at the time, so most of the time, I 16 spent specifically in the area around 21 17 Meadowbrook Lane unless Amanda was in town and 18 could drive me somewhere. On occasion, we went 19 out to dinner with Jason. It's fine. 20 Q Did you get along with the Ufemas? 21 A Yeah. I felt that I did, yeah. 22 Q Did you ever see Lance Ufema, 23 Jason's dad? Q • 24 25 A I did not. Did you ever meet him? Geiger Loria Filius McLucas Reporting, LLC York 717-845-6418 Harrisburg 717-541-1508 Toll Free 1-800-233-9327 Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 9 of 44 EXHIBITD Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 10 of 44 Exam.ffieeney -- Abbey B. Farkas • 1 internships. It's the designation that companies 48 2 use to get away with not paying people for their 3 work. 4 BY MR. HEENEY: 5 Q Sometimes. So going back to Caveat, 6 Caveat, the film, so you've testified, or you 7 told me -- that's probably a nicer way to say 8 it -- today that you worked exclusively on 9 Caveat; you didn't work on any other Group 13 10 projects. 11 A I did not work on any other Group 13 • 12 13 projects is my recollection. Q So when you were working on Caveat, 14 did the Ufemas give you any direction concerning 15 your work product? 16 A The Ufemas gave me direction in that 17 Julie told me sort of the general style she 18 wanted for the film and gave me a script. And 19 they just gave me a drive with footage on it that 20 they said have at it, follow these general 21 guidelines, and your creativity can lead the way. 22 Q So what were your guidelines, these 23 general guidelines? What were these general A Julie told me that she liked the • 24 25 guidelines? Geiger Loria Filius McLucas Reporting, LLC York 717-845-6418 Harrisburg 717-541-1508 Toll Free 1-800-233-9327 Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 11 of 44 Exam./Heeney -- Abbey B. Farkas • 49 1 movie, Brick. She wanted to sort of follow that 2 sort of look for the film, which can only go so 3 far if you don't have the shots. Editors can 4 work magic, but they can't work that much magic 5 sometimes. 6 And then you have the script, which 7 is what people are saying. If you don't put 8 things in the right order, it's not going to make 9 any sense. 10 Q So you followed the script of 11 Caveat; is that correct? Did you follow it? • 12 13 MR. RICHMAN: Objection. BY MR. HEENEY: 14 Q Did you follow -- 15 MR. RICHMAN: I think -- I'm sorry. 16 MR. HEENEY: I didn't finish my 17 question. You may object or not object. 18 BY MR. HEENEY: 19 Q So when you were working on Caveat, 20 you testified that you received the script; 21 right? 22 A I received the script, yes. 23 Q During your editing process, did you • 24 utilize the script in your editing? 25 A Any editor working on an area film Geiger Loria Filius McLucas Reporting, LLC York 717-845-6418 Harrisburg 717-541-1508 Toll Free 1-800-233-9327 Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 12 of 44 EXHIBITE Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 13 of 44 Exam./Heeney -- Abbey B. Farkas 110 1 concerning your work product were different than 2 your expectations concerning your work product; 3 is that fair to say? 4 A Julia -- Julia -- Julie Ufema's 5 expectations regarding how quickly editing should 6 go did not mesh with the realities of how long it 7 takes to edit a film. 8 Q And you never came to an agreement 9 concerning that; correct? 10 A The agreement that we came to was 11 that we needed -- in theory, we had additional • 12 13 help. Not everybody was pulling their weight, so we had to bring extra people in. Well, not bring 14 them in; they were already sort of there. 15 And some people became available 16 over the course -- you know, people who hadn't 17 been available became available over the course 18 of editing. 19 And we discussed that the audio 20 problems were beyond what I expected when I 21 signed on to the project. They were beyond any 22 of my skills. 23 And typically, I mean, if you do position, I edit something, and then I send it to • 24 25 professional editing -- even in my current Geiger Loria Filius McLucas Reporting, LLC York 717-845-6418 Harrisburg 717-541-1508 Toll Free 1-800-233-9327 Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 14 of 44 EXHIBITF Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 15 of 44 Exam./Heeney -- Abbey B. Farkas •• 1 Coast computers. 58 2 So, I mean, as far as I was 3 concerned, I understood that there was definitely 4 some intertwining of the two. 5 Q But did you feel like you were 6 working for the Rich Coast organization? 7 MR. RICHMAN: Again, objection. 8 A I felt that I was working for the 9 Ufemas. 10 BY MR. HEENEY: 11 Q That's fair. And you understood the • 12 13 Ufemas were Group 13; correct? A I understood that they ran Group 13, 14 yes. 15 Q So there wasn't any confusion who or 16 what Group 13 was; correct? 17 A There wasn't any confusion that 18 Group 13 was a production company. 19 Q So when did you take possession of 20 this hard drive? 21 A The hard drive that I have a 22 mechanic's lien on, honestly I don't remember if 23 it was the specific drive that I was working off two drives, the red book and the blue book. • 24 25 of while I was in Lewistown because there were Geiger Loria Filius McLucas Reporting, LLC York 717-845-6418 Harrisburg 717-541-1508 Toll Free 1-800-233-9327 Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 16 of 44 Exam./Heeney -- Abbey B. Farkas • 59 1 But I know that when I was asked to 2 leave 41 Meadowbrook, I took the blue book home 3 with me to continue work on a trailer that Julie 4 had requested and also to do work on the opening 5 credits for the film, because before I had left, 6 Mike Calabro and -- before I left Lewistown, Mike 7 Calabro and Coalin Smith had come in, and they 8 were more experienced, and they understood color 9 correct. 10 And the film was at a place where 11 it was pretty much done. I mean, it needed a • 12 13 final cut made, but the fine cut had been done. So that's when I came into possession of this 14 drive that I have in my possession now. Q 15 So red, blue, are they external 16 drives? 17 A Yes. 18 Q And are they Mac-specific drives or 19 PC? A 20 I'm actually not certain. Q 21 So you took the blue book and left 22 the red book; correct? 23 A I, with permission, took the blue • 24 25 book home with me to -- or home to Pittsburgh with me to continue work. Geiger Loria Filius McLucas Reporting, LLC York 717-845-6418 Harrisburg 717-541-1508 Toll Free 1-800-233-9327 Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 17 of 44 EXHIBITG Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 18 of 44 Exam.!Richman -- Julie 0. Ufema • 1 concluded? 167 2 A Concluded? 3 Q Yes. How did it conclude? 4 A She moved back home with her parents 5 and said that she would work from home and send 6 us footage, and we never saw any. 7 Q So is it your testimony that she 8 just left? 9 A No. She was willingly moving home 10 with her family and said she'd still work on the 11 film there, so leaving the property, you know. • 12 13 Q Did you boot them out of the house? A We didn't boot them out of the 14 house. When they left our main house, it was 15 because we needed the room for my sick pappy. 16 And then when they left the house 17 down the lane, Abbey didn't even want to be there 18 anymore because she said there was too much mold 19 in the house. 20 Q But you testified in October of 21 2013, October 29, 2013, on page 48 at line 18, I 22 didn't want to have to boot them out of the 23 house. have to do that. • 24 25 A Well, of course I didn't want to Geiger Loria Filius McLucas Reporting, LLC York 717-845-6418 Harrisburg 717-541-1508 Toll Free 1-800-233-9327 Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 19 of 44 EXHIBITH Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 20 of 44 Exam.!Richman --Julie 0. Ufema • 1 she said she would continue to work on the film 169 2 at home. We never saw anything, so we then hired 3 other people. 4 Q You said -- I'm quoting your 5 testimony from page 48, line 23 -- or 22, excuse 6 me -- if she wanted to continue working on it, I 7 had no problem with that. 8 A Correct. 9 Q So it's your understanding at that 10 point in time, when the Plaintiff vacated 41 11 Meadowbrook Lane in Lewistown, 17044, it's your • 12 13 claim that Plaintiff was obligated to continue working on this movie? 14 A It was my understanding that she was 15 going to continue working on the movie. She said 16 she was going to continue working on the movie. 17 She would edit from her home and send us the 18 footage. That was what we talked about before 19 she left. 20 She didn't just storm out, quit, 21 and say I'm not working on this anymore. She 22 said she would send us footage. We never saw any 23 more, and the deadline was getting too close, so • 24 we had to get other people to finish. 25 MR. RICHMAN: I want to just attach Geiger Loria Filius McLucas Reporting, LLC York 717-845-6418 Harrisburg 717-541-1508 Toll Free 1-800-233-9327 Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 21 of 44 Exam.!Richman --Julie 0. Ufema • 174 1 on the big screen, too, but not til it's the best 2 movie possible. 3 Do you recall this conversation at 4 all? 5 MR. HEENEY: Just for the record, 6 objection, hearsay. Go ahead and answer. 7 A Yeah. So we hired a sound person to 8 come in and do part of the editing l.ater, and 9 Coalin did the colorization, which lightened the 10 load for everybody and made it possible to get 11 the movie done in time. • 12 13 BY MR. RICHMAN: Q You agree that that is what -- 14 A Yeah. 15 Q -- Mr. Craig had written to you? 16 A I do. So we remedied that. 17 Q Now, to your ·knowledge, does Rich 18 Coast Corporation have sales in excess of 19 $500,000 a year? 20 A I don't have any of that information 21 for you. 22 Q Would you have any basis to dispute 23 discovery provided to me from Rich Coast • 24 indicating sales of approximately $5,000,000? 25 MR. HEENEY: Objection. Geiger Loria Filius McLucas Reporting, LLC York 717-845-6418 Harrisburg 717-541-1508 Toll Free 1-800-233-9327 Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 22 of 44 Exam./Richman --Lance J. Ufema 15 1 more of the color correction, because that was 2 kind of more in my technical range of what I 3 helped with. I understood more of the technical 4 aspects of the process. 5 And then a friend of mine had a 6 very well-rounded professional guy, Keith Hodne, 7 who became our audio guy who obviously by 8 watching the film, our audio is by far the most 9 decrepit part of the production. 10 Q You said he's your friend. Was he 11 paid to be involved? • 12 13 A He was a paid editor later on. Q Do you know, when did that become a 14 paid situation? 15 A I don't recall off the top of my 16 head, but it was towards the end pretty much. 17 I'll probably say the fall of 2011, close to when 18 we really needed to wrap some stuff up. I mean, 19 you can't really take it to audio until your main 20 cuts are done. 21 Q Did you have any storyboarding or 22 any -- in terms of planning the post-production 23 work on the movie, did you have any assembly of • 24 25 that type of schedule? A I wouldn't say I had a ton of Geiger Loria Filius McLucas Reporting, LLC York 717-845-6418 Harrisburg 717-541-1508 Toll Free 1-800-233-9327 Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 23 of 44 EXHIBIT I Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 24 of 44 • • • Exam./Heeney -- Abbey B. Farkas 1 A Mm-hmm. 2 Q Did you attend the premiere? 3 A I did. 4 Q What happened at the premiere? 5 A We watched the film. I think there 6 was a reception of some sort. We didn't spend 7 too much time at the reception, though. I think 8 we got there a little late. 9 Q Who's we? 10 A Me and a few other people who had 11 worked on the film. And that's all I recall. 12 Q Did you have any discussion with 13 individuals at the premiere? 14 A Discussion regarding? 15 Q Anything. 16 A We talked about life. I mean, I 17 talked to people who were there, yeah, sure. 18 19 Q A What did you think of the film? I thought that they did the best 20 that they could with what they had, and I thought 21 some of -- I mean, I recognized some of my work 22 in it, and I was proud to have done some work 23 that made it onto a big screen. That's pretty 24 cool. 25 Q You mentioned some of your work. Geiger Loria Filius McLucas Reporting, LLC York 717-845-6418 Harrisburg 717-541-1508 Toll Free 1-800-233-9327 85 Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 25 of 44 Exam./Richman --Julie 0. Ufema • 165 1 premiere date that was original that you had 2 asked about previously. That was probably in 3 November, and then we pushed it to December 2nd, 4 which I told you was the premiere date. 5 Q December 2nd or December 3rd? 6 A 3rd. I don't remember specifically. 7 Q Of 2012; correct? 8 A I think it was '11. 9 Q I'm sorry. December 3rd, 2011. 10 Excuse me. 11 A Yeah. It's hard to keep track of. • 12 13 Q It is. Were these deadlines communicated to any individuals other than the 14 Plaintiff? 15 A Yes. 16 Q Who were these deadlines 17 communicated to? 18 A The other editors. 19 Q Who were the other editors? 20 A The ones that you cited earlier 21 Mike and Jon. 22 Q And this was -- I think you said 23 this was your first time producing and directing • 24 a movie. 25 A Correct. Geiger Loria Filius McLucas Reporting, LLC York 717-845-6418 Harrisburg 717-541-1508 Toll Free 1-800-233-9327 Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 26 of 44 Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 27 of 44 EXHIBITJ Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 28 of 44 Exam./Heeney -- Abbey B. Farkas 85 • Mm-hmm. 1 A 2 Q Did you attend the premiere? 3 A I did. 4 Q What happened at the pr€miere? 5 A We watched the film. I think there 6 was a reception of some sort. We didn't spend 7 too much time at the reception, though. I think 8 we got there a little late. 9 Q Who's we? 10 A Me and a few other people who had 11 worked on the film. And that's all I recall. • 12 13 Q Did you have any discussion with individuals at the premiere? 14 A Discussion regarding? 15 Q Anything. 16 A We talked about life. I mean, I 17 talked to people who were there, yeah, sure. 18 Q What did you think of the film? 19 A I thought that they did the best 20 that they could with what they had, and I thought 21 some of -- I mean, I recognized some of my work 22 in it, and I was proud to have done some work 23 that made it onto a big screen. That's pretty Q cool. • 24 25 You mentioned some of your work. Geiger Loria Filius McLucas Reporting, LLC York 717-845-6418 Harrisburg 717-541-1508 Toll Free 1-800-233-9327 Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 29 of 44 Exam./Heeney -- Abbey B. Farkas • 1 How much of your work? 86 2 A I am not certain, honestly. I 3 recognized a fair amount of my work, though. 4 It's been a long time. 5 Q Did you also recognize a lot of work 6 of others? 7 A I recognized that there was work of 8 others in the film, yes. Obviously there have 9 been other editors who worked on it after me. 10 Q Did you recognize any scenes that 11 had been deleted that you would have worked on or • 12 13 changed? A There was certainly scenes that they 14 had changed and reworked scenes that had been a 15 little more difficult in terms of tone, sure. 16 Q Did you have any discussions with 17 the Ufemas at that time? 18 A I'm pretty sure we said hi, and that 19 was about it. I don't recall having any long 20 conversations. I mean, they were hosting a big 21 event. So when you're a host, you can't talk to 22 people for too long. 23 Q You didn't have any financial A It doesn't seem appropriate to do • 24 25 discussions at that time? Geiger Loria Filius McLucas Reporting, LLC York 717-845-6418 Harrisburg 717-541-1508 Toll Free 1-800-233-9327 Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 30 of 44 Exam./Heeney -- Abbey B. Farkas • 1 145 represent. And I don't mean to be 2 difficult, but we're trying to be 3 specific. 4 MR. HEENEY: No, that's fair. 5 BY MR. HEENEY: 6 Q The percentage of your editing work. 7 A With regards to the edits 8 themselves? 9 Q So I'll try to restate it again. 10 A Sure. 11 Q So looking at that film that aired 12 • 13 at the premiere, percentage-wise, how much of your editing work product appeared on that film? 14 A Honestly, I couldn't give you an 15 estimate. When I watched the film, I noticed 16 I mean, I recognized my edits when I watched the 17 film. It's been almost five years, and I haven't 18 seen the film since, so I can't give you an exact 19 number. 20 Q If I may, was it under 50 percent? 21 A Again, I really couldn't give you a 22 percentage. 23 Q No idea at all? • 24 25 A Q I recognized my work. Did you recognize editing work of Geiger Loria Filius McLucas Reporting, LLC York 717-845-6418 Harrisburg 717-541-1508 Toll Free 1-800-233-9327 Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 31 of 44 Exam.illeeney -- Abbey B. Farkas 146 • 1 others? 2 A Yes. 3 Q Did you recognize a lot of editing 4 work of others? 5 A Again, if I can't estimate what 6 percentage was mine, I can't estimate what 7 percentage was the work of others. 8 Q I'm not asking you to do that. I 9 was asking you whether you recognized the editing 10 work of a lot of other people, like, several 11 other people? 12 • 13 A The thing is that I don't know exactly who -- in an editing capacity exactly who 14 touched the film after I -- well, after I 15 completed my work on the film. 16 Q Were you, at one time, working on an 17 alternate title sequence? 18 A I was working on a title sequence 19 for the film at one point. I don't know if we 20 referred to it as alternate or what terms we used 21 to refer to it. 22 Q But that does strike a bell to you; 23 correct? sequence for the film, yes. • 24 25 A I know that I worked on a title Geiger Loria Filius McLucas Reporting, LLC York 717-845-6418 Harrisburg 717-541-1508 Toll Free 1-800-233-9327 Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 32 of 44 EXHIBITK Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 33 of 44 • • • Exam./Heeney -- Abbey B. Farkas 1 Q So what's your answer to the 2 question? 3 A And I lost my train of thought. I'm 4 sorry. One more time. 5 MR. HEENEY: Can you ask the 6 question again, please? 7 COURT REPORTER: Yes. So to be 8 clear, the only thing you've ever done in 9 order to protect your alleged copyright 10 is make a registration with the Copyright 11 Office and file this lawsuit? 12 A After it became clear to me in the 13 course of these proceedings that the Ufemas had 14 taken the position that I was not an employee, I 15 felt it necessary to file for a copyright for my 16 editing work to protect my original creative 17 work. And that's the only thing that I've done 18 to protect it. 19 BY MR. HEENEY: 20 Q So did you ever receive a license 21 from anybody to use the underlying footage in 22 your copyright filing? 23 MR. RICHMAN: Objection, calls for a 24 legal conclusion. 25 MR. HEENEY: Not really. Geiger Loria Filius McLucas Reporting, LLC York 717-845-6418 Harrisburg 717-541-1508 Toll Free 1-800-233-9327 118 Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 34 of 44 Exam./Heeney -- Abbey B. Farkas • 119 1 BY MR. HEENEY: 2 Q But please answer the question. Any 3 license exists? 4 A I have no paperwork that I signed 5 for use of the 6 Q So no agreement that says license 7 agreement? You've never signed such a document? 8 A I don't recall. 9 Q And there's no e-mails that exist 10 that say you can use the underlying works? 11 A Not that I recall. • 12 13 Q And you never asked the Ufemas whether you could use the underlying works, did 14 you? 15 A I don't think that -- 16 MR. RICHMAN: Objection. That 17 mischaracterizes evidence of record. The 18 Ufemas are on record having testified 19 yesterday that they asked her to perform 20 this work. That was the testimony that 21 was yesterday. 22 So I believe that it's a 23 mischaracterization of evidence to • 24 25 suggest that there wasn't explicit consent to utilize this. ~iger Loria Filius McLucas Reporting, LLC York 717-845-6418 Harrisburg 717-541-1508 Toll Free 1-800-233-9327 Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 35 of 44 EXHIBITL Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 36 of 44 • • • Exam./Heeney -- Abbey B. Farkas 1 attorney/client privilege. 2 BY MR. HEENEY: 3 Q For the record, I don't want you to 4 tell me what your attorney told you. I don't 5 want to know anything about attorney/client 6 privilege. 7 A Okay. 8 Q So for the rest of this deposition, 9 now you know. 10 A Okay. 11 Q So you filed this copyright 12 registration? 13 A Mm-hmm, I did. 14 Q Did you receive correspondence back 15 from the Copyright Office? 16 A I did receive an e-mail back 17 regarding a mistake that I made in the filing of 18 my copyright. 19 Q And what was that mistake? 20 A I accidently clicked that it was a 21 work for hire. And as soon as I noticed that the 22 mistake was there, I corrected it. 23 Q How? I mean, you made the mistake, 24 and you submitted the application. And it was 25 the Copyright Office that alerted you to this mis Geiger Loria Filius McLucas Reporting, LLC York 717-845-6418 Harrisburg 717-541-1508 Toll Free 1-800-233-9327 129 Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 37 of 44 EXHIBITM Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 38 of 44 • • • Exam./Heeney -- Abbey B. Farkas 1 attorney/client privilege. 2 BY MR. HEENEY: 3 Q For the record, I don't want you to 4 tell me what your attorney told you. I don't 5 want to know anything about attorney/client 6 privilege. 7 A Okay. 8 Q So for the rest of this deposition, 9 now you know. 10 A Okay. 11 Q So you filed this copyright 12 registration? 13 A Mm-hmm, I did. 14 Q Did you receive correspondence back 15 from the Copyright Office? 16 A I did receive an e-mail back 17 regarding a mistake that I made in the filing of 18 my copyright. 19 Q And what was that mistake? 20 A I accidently clicked that it was a 21 work for hire. And as soon as I noticed that the 22 mistake was there, I corrected it. 23 Q How? I mean, you made the mistake, 24 and you submitted the application. And it was 25 the Copyright Office that alerted you to this mis Geiger Loria Filius McLucas Reporting, LLC York 717-845-6418 Harrisburg 717-541-1508 Toll Free 1-800-233-9327 129 Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 39 of 44 Exam./Heeney -- Abbey B. Farkas • 130 1 -- I say alleged mistake; you say mistake. 2 But it's the Copyright Office that 3 said, hey -- and correct me if I'm wrong if I'm 4 misstating this. It's the Copyright Office that 5 said to you, hey, because you're saying this was 6 a work for hire, you can't register this as a 7 copyright. 8 A The Copyright Office contacted me. 9 I can't remember the name of the gentleman who 10 contacted me. And they did say that if it's a 11 work for hire, you can't have a copyright for it. • 12 13 And I said, oh, shoot, you know what, I really didn't mean to do that because it 14 wasn't a work for hire because I wasn't an 15 employee. And even if I was, I wasn't paid 16 properly, so it wasn't a work for hire. That's 17 my understanding. 18 Q So were you an employee, or were you 19 a subcontractor? What do you think you were? 20 A That's what I'm trying to figure 21 out. I initially -- 22 Q So you're not sure whether you own 23 the copyright or not? If you're trying to figure • 24 25 or not? it out, you're not sure if you own this copyright Geiger Loria Filius McLucas Reporting, LLC York 717-845-6418 Harrisburg 717-541-1508 Toll Free 1-800-233-9327 Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 40 of 44 From: Copyright Office cop-ad@ioc.gov Subject: RE: Re: 1·939347281 Caveat Date: June 25, 2013 at 1:17PM To: abbeyfarkas@gmail.com Thank you for your quick reply. I will make the corrections as suggested and complete the registration right away. You should receive your certificate in the mail in about 2-3 weeks. Charles When replying to this email, please include the following thread id (entire line) within the body of your response to expedite routing to the correct offiCe. [THREAD 10:1-FRJHQP] ··--Original Message--·· From: abbeyfarkas@gmail.com Sent 6/25/201310:59:58 AM To: Copyright Office Subject: Ae: 1-939347281 Caveat MrBubeck, Please allow this email to confirm that I am indeed the author of the film editing and the "work made for hire" designation was made in error. did not hire anyone else to perform the film editing work. Thank you, Abbey Farkas le Jun 21, 2013 a 13:42, "Copyright Office" a ecrit: Dear Abbey Farkas: We are delaying registration because of a question about the authorship of this work. You are named as the author of il1e film editing as a "work made for hire." When a work is made for hire, the employer is considered the author. Therefore. the statements on your application indicate that you hired someone else to do this work. It also implies that there is a written agreement or contract naming you as the sole author and owner of this work. It you are the employer/author of this 'work made tor hire,·· please confirm this and we will complete the registration as submitted. However, it the facts are otherwise please let us know and we will advise you further. Sincerely, Charles Bubeck Copyright Specialist Motion Picture team 202-707-7526 Please note that if we do not receive a response to this message Within 20 days, we will close this case without processing your registration or notifying you further, and forward your deposit copy(ies) under the provisions of the current copyright law. Tile fee is not refundable. if you re-apply tor registration afte; ihe case is closed, you must send a new application, copy and fee. The effective date of registration will be based on the new submission. When replying to this email. please include the following thread id (entire line) within the body of your response to expedi\e routing to t!1e correct office. [THREAD 10:1-FRJHOP] FARKAS00025 ·-··------·-----··-----·---·-···· ---- Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 41 of 44 EXHIBITN Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 42 of 44 10/11/2016 WebVoyage Record View 1 G;opyright Uni!~d Slate> Copy-right Offi<., N,OO ~ » " ~ ~ 0~ Y ' ,.._ 0 0 y. ~ ~ >' "' > 0 Help Search History Titles Start over Public Catalog Copyright Catalog (1978 to present) Search Request: Left Anchored Name= Farkas Abbey Search Results: Displaying 1 of 1 entries Caveat. Type of Work: Motion Picture Registration Number I Date: PA0001844775 I 2013-05-23 Application Title: Caveat. Title: Caveat. Description: Electronic file ( eService) Copyright Claimant: Abbey Bryn Farkas, 1989-. Address: 28 P Street NE, Washington, DC, 20002. Date of Creation: 2011 Date of Publication: 2011-12-03 Nation of First Publication: United States Authorship on Application: Abbey Bryn Farkas, 1989- ; Domicile: United States; Citizenship: United States. Authorship: editing/editor. Pre-existing Material: script/screenplay, preexisting footage, preexisting music. Basis of Claim: editing. Rights and Permissions: Abbey Bryn Farkas, abbeyfarkas@gmail.com Copyright Note: C.O. correspondence. Names: Farkas. Abbey Bryn. 1989- Save, Print and Email Select Download Format I Full Record ,., your email address: Help Search History Titles Start Over Contact Us I Reguest Copies I Get a Search Estimate I Frequently Asked Questions (FAOs) about Copyright Copyright Office Home Page I Library of Congress Home Page http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?Search_Arg=Farkas+Abbey&Search_Code=NAU&PID=2Cjlpnn9054T4Vm-Nd861cGhaRE&SEQ=2016101114... 1/2 Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 43 of 44 10/11/2016 WebVoyage Record Vrew 1 http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?Search_Arg=Farkas+Abbey&Search_Code=NALL&PID=2Cjlpnn9054T4Vm-Nd861cGhaRE&SEQ=2016101114... 2/2 Case 1:14-cv-00272-JEJ-MCC Document 126-1 Filed 10/13/16 Page 44 of 44 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ABBEY FARKAS Plaintiff vs. RICH COAST CORPORATION and JULIE 0. UFEMA and LANCEJ. UFEMA D/B/A GROUP 13 PRODUCTIONS Defendants CASE NO. 1:14-cv-272 JUDGE JOHN E. JONES, III CIVIL ACTION - LAW ORDER AND NOW, this __ day of October, 2016, Plaintiffs Motion for Summary Judgment is GRANTED as follows: There is no evidence that the Plaintiff had secured permission from the Defendants to use their raw footage of the motion picture Caveat as the underlying work for Plaintiffs copyright, Copyright Registration No. PA 1-844-755; and thus Plaintiffs work is not copyrightable. There is no evidence that that the Plaintiffs copyright, Copyright Registration No. PA 1- 844-7 55, registered on May 23, 2013 is substantially different than the preexisting original work, the motion picture Caveat, that belongs· to the Defendants and thus Plaintiffs work is not copyrightable. Case 1:14-cv-00272-JEJ-MCC Document 126-2 Filed 10/13/16 Page 1 of 2 Plaintiff knew or should have known at the time she registered Copyright Registration No. P A 1-844-755 that she did not possess a valid copyright and therefore committed a fraud on the US Copyright Office. AND NOW, THEREFORE: 1. Counts I, II and III of Plaintiffs Complaint are hereby DISMISSED with Prejudice; 2. The U.S. Copyright Office is hereby directed to cancel Copyright Registration PA 1-844-755; 3. Defendants Julie 0. Ufema and Lance J. Ufema's Motion for Partial Summary Judgement regarding Counts I and II oftheir counter claim is GRANTED; and 4. Defendants Julie 0. Ufema and Lance J. Ufema's damages suffered to Counts I and II of their counter claims shall be assessed at the time of trial. BY THE COURT: Honorable Judge John E. Jones III Case 1:14-cv-00272-JEJ-MCC Document 126-2 Filed 10/13/16 Page 2 of 2