Case Document 131 Filed 01/26/18 Page 1 of 3 Cute 9.
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UNITED STATES DISTRICTCOURT tit .33. y, mg";
SOUTHERN DISTRICT OFNEWYORK. 3 3 it .
Elli. 3533 it? 

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WE SHALL OVERCOME FOUNDATION, . 4 '3

 

 

 

 

 

and BUTLER FILMS, LLC, on behalf of
themselves and all others similarly situated,

Plaintiffs,

v. STIPULATION AND ORDER OF
DISMISSAL WITH PREJUDICE
THE RICHMOND ORGANIZATION, INC.
(TRO, INC.) and LUDLOW MUSIC, INC,

Defendants.

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WHEREAS the parties desire to resolve the matter amicably and to that end have
engaged in negotiation of settlement terms which they set forth below;

WHEREAS the parties have had the opportunity to review said terms and consult with
their respective attorneys;

WHEREAS the parties agree that the terms below are the terms upon which they agree to
settle this matter;

NOW THEREFORE, pursuant to Fed. R. Civ. P. Plaintiffs We Shall
Overcome Foundation and Butler Films, LLC (?Butler?) (together, ?Plaintiffs?), and
Defendants The Richmond Organization, Inc. (TKO, Inc.) and Ludlow Music, Inc.
(?Ludlow?) (together, ?Defendants?), by and through their undersigned attorneys, and based on
consideration of the ?les, records, and proceedings herein, AND AGREE to the
following:

1. The parties waive their respective rights to appeal all the decisions rendered to

date by the Court in this case, including the November 21, 2016 Corrected Opinion and Order

 

Case Document 131 Filed 01/26/18 Page 2 of 3

(Dkt. 39), the September 8, 2017 Opinion and Order (Dkt. 87), the November 1, 2017 Order
(Dkt. 102), and the January 12, 2018 Memorandum Opinion and Order (33kt. 127).

2. Defendants agree that hereafter they will not claim copyright in the melody or
lyrics of any verse of the song We Shall Overcome (?the Song?), included in Registration Nos.
EU 645288 (1960) and RP 179877 (1963). Defendants agree that the melody and lyrics of these
verses of the Song are hereafter dedicated to the public domain.

3. Within fourteen days from the entry of this Stipulation and Order, Defendants
shall return to Plaintiffs the fees they paid to license the Song.

4. Plaintiffs shall apply to the Court for an award of attorneys? fees and expenses
pursuant to 17 U.S.C. 505, or otherwise, within 14 days after the Court approves and enters this
Stipulation and Order. Defendants shall oppose the application within 30 days thereafter, and
I Plaintiffs shall ?le any reply in support of their application within 14 days after Defendants?
opposition.

5. Defendants agree that Plaintiffs may record this Stipulation and Order with the
Copyright Of?ce reference to Reg. Nos. EU 645288 and EP 179877 to be indexed by song
title and registration number.

6. Except as provided in 1] 2 above, this Stipulation and Order does not resolve
whether Defendants retain copyrights in the musical arrangements embodied in the deposit
copies of Registration Nos. EU 645288 and EP 179877.

7. The parties have settled all remaining claims made in, or which might have been
made in, this case.

8. Based upon their settlement, the parties do hereby voluntarily enter into this

Stipulation and Order.

 

 

Case Document 131 Filed 01/26/18 Page 3 of 3

9. Each of the parties herein agrees that their agreement to settle this case has been
agreed to freely and voluntarily, and for the mutual convenience of all of the parties. By their
entry into this settlement and the ?ling of this Stipulation, and subject to the below stipulations,
none of the parties is admitting the truth of any of the factual allegations contained in the
pleadings in this case or that there is any guilt,.any fault or liability on the part of any of the
parties.

10. This action shall not be dismissed and the Court shall not enter ?nal judgment
until after adjudicating Plaintiffs? application for attorneys? fees and expenses. The parties waive
their respective rights to appeal the dismissal of the action on these terms and the entry of the
Court?s ?nal judgment, except as to any decision on Plaintiffs" application for attorneys? fees
and expenses.

Respectfully submitted this g?day of January, 2018,

 

 

 

WOLF HALDENSTEIN ADLER . ROBINS KAPLAN LLP

Mark c. Rifkin Paul v. LiC'alsi 
Randall Newman Ofer Roger
Gloria Kui Melwani 399 Park Avenue, Suite 3600
270 Madison Avenue New York, New Yerk 10022
New York, New York 10016 212.980.7400
2 12645-4600 plicalsi@robinskaplan.com
oreger@rebinskaplan.com

melwani@whaih.eom

Attorneys for Defendants
Attorney for Plainti?s

So ordered on this day of January, 2018.

Hon. Deni Cot, U. S. IQDJ.
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