1From: Toll, Roger

Sent: Tuesday, August 25, 2009 5:15 PM

To: Weil, Leah; Gumpert, Andrew

Subject: FW: Martin Bandier, EMI, Marvin Gaye song licensing, Sony/Columbia

Leah --

As Andrew is aware, Shelly B. closed a deal to give us the exclusive rights to a bunch of Marvin Gaye music, which is essential to our Cameron Crowe Marvin Gaye project. The person who wrote the below email is trying to put together a competing project and refuses to accept that we will not help him out by giving up our exclusivity to the music.

It's certainly true that, as I said in a previous email to this guy, when SPE closed its deal for the music rights we didn't know about any discussions between him and EMI. The fact that the head of Sony Music Publishing may have had confidential information about this from his days at EMI is beside the point.

Just thought you should know in case Nicole gets pulled into it.

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From: DuncanMcG@aol.com [DuncanMcG@aol.com] Sent: Tuesday, August 25, 2009 1:57 PM To: stringer_office@sonyusa.com Cc: Pascal, Amy; Toll, Roger Subject: Martin Bandier, EMI, Marvin Gaye song licensing, Sony/Columbia

To: Sir Howard Stringer Chairman & CEO Sony Corporation

Dear Mr. Stringer:

Prior to your becoming the Chairman & CEO of the Sony Corporation in June 2005, my company, Film by Humans Production Company, LLC ("FHPC"), was in discussions with the EMI Music Publishing Company for the purpose of obtaining an opportunity to license the Marvin Gaye Jr. song catalogue for use by FHPC's feature film project titled, "Marvin" (a fact based bio picture project on the entire life story of music icon Marvin Gaye Jr.).

These discussions began with Ms. Pat Lucas, EVP Music Synchronization for EMI but then immediately evolved to include in the background Mr. Martin Bandier, then the Chairman of EMI, who Ms. Lucas made clear was the ultimate decision maker in this licensing option consideration process. An offer to license this music, with specific terms, was twice presented to FHPC; once in late 2005 by Ms. Pat Lucas on behalf of Mr. Martin Bandier whose approval and support was assured to FHPC by Ms. Lucas and again in mid 2006 by a New York City lawyer named Thomas Seltz who was representing EMI on this matter at that time (again, Mr. Bandier continued to be the ultimate decision maker for this matter as he was originally responsible for managing EMI's acquisition of the Jobete/Motown song catalogue from Mr. Berry Gordy prior to FHPC pursuing this music licensing option for its Marvin Gaye bio picture project).

The point of this memo, Sir Stringer, is make clear the fact that as Mr. Bandier left EMI and joined Sony in early 2007 to become a part of top Sony management as its CEO of your Sony/ATV Music Publishing operation -- the Sony organization has among its highest executive level a member who was fully knowledgeable and directly involved in the pre-existing licensing discussions and licensing offers made by EMI to FHPC in connection to Marvin Gaye Jr. song licensing for FHPC's bio picture project titled, "Marvin".

2In an email dated August 11, 2008, Mr. Roger Toll, EVP Business Affairs for Sony made the inaccurate representation that Sony/Columbia Pictures had no knowledge of these

pre-existing Marvin Gaye Jr. music licensing offers made by EMI to FHPC. Sony/Columbia stepped in and unilaterally blocked FHPC's opportunity to license this music to pursue its version of a Marvin Gaye bio picture despite Universal Music Enterprise's willingness to continue to honor the fact that FHPC's Marvin project had been offered terms to also license this same music for its Marvin Gaye bio picture project it had been pursuing since early 2005 (UME had received a copy of the licensing terms offered to FHPC). UME, according to its group head Mr. Don Terbush, recognized that the only fair thing to do was allow both qualified Marvin Gaye bio picture teams to license this necessary music as it could not decide which of the two fully qualified and experienced project teams would ultimately be able to create the most commercially successful version of a long over-due Marvin Gaye Jr. bio picture.

Sir Stringer, I am appealing to your high and respected standing in the world community to show honesty, integrity and a sense of fair competition and fair play by addressing and correcting the monopolistic, anti-competitive situation that has been created here. Ms. Amy Pascal, Mr. Roger Toll, Mr. Martin Bandier, Ms. Pat Lucas (at EMI, formerly reported to Mr. Bandier), Mr. Don Terbush (head of Universal Music Enterprises) and many, many other people are all aware of this situation which needs to be corrected.

Meet with me sir, or appoint an appropriate person to meet with me, so we can work out a fair and reasonable solution to this quite extraordinary and large problem which has significantly affected the lives and professional opportunities of so many people. I am seeking a fair and equitable solution for everyone under an umbrella of fair competition.

Respectfully submitted,

Duncan McGillivray (originating Producer of MARVIN project) duncanmcg@aol.com cell: 602-400-3002

cc: Amy Pascal, Co-Chairperson Sony Entertainment Roger Toll, EVP Business Affairs, Sony Entertainment

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