The Good Wife (2009–2016): Season 5, Episode 11 - Goliath and David - full transcript
Alicia and Will try to throw each other off their games as they go head-to-head again in a copyright infringement case, and Eli hires Kalinda to find the identity of Marilyn's baby's father.
MARILYN: It's my music system for the baby.
VERONICA: How clever.
How many months?
Three and a half.
Oh, and do you know the sex yet?
I do, it's a boy.
Oh, how sweet, a boy.
I love boys.
Do you have a name yet?
I do.
Peter.
(coughs)
Are you all right?
You're naming the baby Peter?
Yes. Why?
Can I have a word with you?
- It's not what you think.
- Oh, and what do I think?
No, no. Wait, wait.
- Ooh.
- Are you insane?
It has nothing to do with the governor.
His name is Peter and you're
naming your baby Peter,
and that has nothing
to do with the governor?
It's a coincidence.
No, a coincidence is
when you bump into someone
on a subway platform,
not that you name your child after them.
I'm naming my baby after the... father.
Oh, dear holy God.
It's not the governor.
Who is the father?
I can't say.
He's a private person.
He doesn't want to draw
attention to himself.
Oh, well, at least he
doesn't want to do that.
Eli, Marilyn, hi.
- Hi, Alicia.
- Why aren't you in the party?
- Why aren't we in the party? I have no idea.
- Oh, okay.
Um, have you seen the band?
No, no, just the two of us
having a nice little chat.
Okay.
MAN: This is cool,
it's... it's, uh, it's a cool group.
People danced.
Well, it was your music. It was infectious.
Who do I give the check to?
Uh, Marshall. He's the business mind.
Thank you very much for
everything, and if there's
- anything we can do...
- Um, actually,
th... there is something.
Um, we were really stoked to book this gig,
'cause... well, you
guys are lawyers, right?
- Yes.
- Cool,
and you take on cases?
Like, anyone's cases?
Well, um, sometimes. Why?
Well, uh...
Hey. (laughs) How you doing?
Um...
we'd like to show you something.
♪ But she ain't nothing
but a tricky trick ♪
♪ Thicky thick ♪
♪ Tricky trick ♪
♪ She thicky thick ♪ Tricky trick ♪
♪ She thicky thick ♪
♪ Tricky trick ♪
♪ She thicky thick ♪
- ♪ Tricky trick ♪
- ♪ Oh, my gosh, there she go... ♪
It's "Thicky Trick" by,
you know, the, um, it's...
Rebel Kane.
He was in prison with my husband.
Oh, yeah?
Oh, that's... didn't expect that.
So are you suing them?
No, hold on, I... I got
this whole thing lined up.
♪ Never satisfied, said
he's gonna give me more ♪
♪ Hair shop, don't be late... ♪
♪ Waitin' on her Section Eight ♪
♪ Sometimes shorty make me sick ♪
♪ But she ain't nothing
but a tricky trick ♪
♪ That little mama thicky thick ♪
♪ But she ain't nothing
but a tricky trick... ♪
That's us, our song.
CARY: So, you covered Rebel Kane's song
- but you didn't get the rights for it.
- No,
we got the rights. We got the...
What'd we get, Marshall?
Compulsory license.
Yeah. Murray got 'em.
He's our manager.
Uh, okay, so what's the problem?
Ah. Al... almost there.
♪ Tryin' to get a taste
of that brown and brown ♪
♪ Uh-uh, she ain't havin' that ♪
♪ Raised in the hood, ghetto fabulous ♪
♪ She kinda look bad,
boy, I must admit ♪
♪ But she ain't nothing
but a thicky trick ♪
♪ That little mama... ♪
What's that?
That is Drama Camp.
It's a television show about
a summer camp talent show.
There's a TV show about
a summer camp talent show?
Yeah, and it's a hit.
♪ Tricky trick... ♪
But that's our song.
- They're playing our song.
- No,
they're singing Rebel Kane's song.
His lyrics, but they're covering, like...
like we covered it.
Like, that's our melody,
and they stole it.
We were gonna let the whole
thing slide, and then...
I... I don't know.
It's, um...
what they're doing, it's not right.
And then you guys called us.
Hiring lawyers costs a lot of money, guys.
And this is really a David
and Goliath situation,
going up against a TV network.
Well, that's why we were
hoping you'd go on...
Oh, what's it called?
A percentage.
Contingency. Well...
you know,
if there's a lot of money
at stake, sometimes we...
$2.3 million.
The Drama Camp version's
the best-selling song on
iTunes for the last eight weeks.
♪ Steady screamin', "Give
me money, money... " ♪
(elevator dings)
Alicia Florrick, please. Burl Preston.
Yes.
Uh, do you mind my asking:
Are you one of her clients?
I do mind. I'll answer anyway.
I am not one of her clients.
I am being sued by her yet again.
(indistinct argument)
WILL: That's not what I was saying, no.
No, the problem is, you
didn't consult with any of us.
I was in a bar.
- I consulted with Damian.
- You don't plan our future in bars.
It's Los Angeles, Diane.
It's a good market for us.
We just opened in New York. Can we
please just do one thing at a time?
We are doing one thing
at a time: expanding.
Do you want to discuss this like adults?
You agreed. We weren't going to slow down
for anyone, anything. This
is a good opportunity for us.
- A client in L.A.
- We don't have an infrastructure in L.A.
So we build one. Let's vote.
- Howard. Wake up, we're voting.
- I move that we institute
- a two-month ban on soliciting new clients.
- No, no, that's not the...
- I second.
- DIANE: We have a second.
WILL: The vote is about
opening an office in L.A.,
- it's not ab...
- The motion has already been seconded.
I am calling the question.
All those in favor
of a two-month delay on
soliciting new clients?
No, Howard.
I thought I was voting.
No, this is a different vote.
DIANE: All right, 12
yeses. All those against?
Howard.
Ugh.
Ten noes, the motion passes.
We have a 60-day moratorium
on soliciting new clients.
There's someone asking for Alicia Florrick.
Who?
Burl Preston.
Well, that's a surprise.
Yes.
She started her own firm.
She seems to be holding
all the old grudges.
Well,
don't blame me for that.
Oh, it's too bad.
I was looking forward
to facing you in court.
How's L.A. treating you, Mr. Preston?
85 degrees when I left.
32 degrees here.
You tell me.
I was thinking of signing clients in L.A.
Yeah, great.
What's the case?
The suit Alicia's bringing?
It's, uh, copyright infringement. Why?
I know how she works.
I know her weaknesses.
I know how to beat her.
You're offering your services?
No, thank you, though.
Why not?
I don't like you.
I don't like you, either.
What's that got to do with it?
The enemy of my enemy is my friend.
- (phone rings)
- WOMAN: Governor Florrick's office.
Yes, I'll transfer you now.
Kalinda Sharma, there
you are. How you doing?
Good. What do you need?
A proper hello.
Hello.
Hello. What do you need?
ELI: Marilyn Garbanza. She's
head of Peter's ethics commission.
She's also pregnant.
Very pregnant.
I need to find out who the father is.
All I know is that the
father's first name is Peter.
No.
Why not?
This is for Peter. Florrick.
No, technically, no.
Well, who's it for, then, technically?
Alicia Florrick.
I need an investigator who won't leak.
Who won't hurt Alicia.
With?
(whispering): The possibility that Peter
is the father.
It's a slim possibility,
but even the question
can... cause problems.
I need an outsider...
who won't leak.
$500 an hour.
MAN: You sure I can't get
you anything? A milkshake?
No, thank you.
Um, we were getting our paperwork in line
for the lawsuit, Mr. Mills, and
as their manager, we see you
purchased a compulsory license
from Rebel Kane, but for some reason
not a derivative copyright.
A, uh, what?
ALICIA: A derivative copyright.
The compulsory rights
allow you to cover the song.
But the derivative rights protect you
if you make changes in that song.
Oh, I have to get two things?
(chuckles)
I hate it when they look
at each other like that.
You don't have to get them, but
we need the derivative rights
to sue this TV show
for stealing your cover.
MILLS: Look, I was saving money,
I only bought the rights I needed to.
Do you know how much we make
every time that someone
clicks that song on Spotify?
0.004 cents.
Well, let's just get the derivative rights.
How hard can that be?
Well, you do know Rebel Kane.
REBEL KANE: ♪ That
little mama thicky thick ♪
♪ But she ain't nothing
but a tricky trick ♪
♪ That little mama thicky thick... ♪
Yeah, I don't really know what happened.
We just, um, we need a...
derivative...
copyright.
(chuckles): Our manager kind of had
a little bit of a brain fart,
- you know?
- So you need a what, a copyright?
A derivative copyright.
I think you'll remember my husband?
Yeah.
Peter.
I voted for him. I mean...
I almost voted for him.
Well, we wanted to go
straight to you, Mr. Kane.
- Instead of through your label.
- KANE: I get it.
I was a struggling artist, too.
So how much is a derivative copyright?
$5,000, typically.
Look, you name your next song after me,
I'll give it to you for free.
ALICIA: Actually, uh,
money has to change hands.
Even if it's only five dollars.
Okay. Five dollars.
Come on, all these plants ain't
going to pay for themselves.
ALICIA: Great, so I will have the paperwork
sent over this afternoon.
KANE: Yeah, good.
Oh, here. (giggles)
We got it.
You're kidding. This is them?
Hey, we all started out this way.
I didn't.
They want to settle, right?
Oh, yeah. Too much of an embarrassment
- to go to court.
- BURL: Hello?
Here he is.
Mr. Preston, hello.
You ready...
I believe you know Mr. Gardner.
Alicia, Cary. How are you?
Good.
Mr. Gardner and I have decided
to pursue this case together.
- Shall we?
- This way.
You should get over it.
Get over what?
Me.
You have an odd view of me, Alicia.
It's just coincidence
that we keep opposing each other on cases?
Yes. Burl came to me,
thinking you were still
working at Lockhart/Gardner,
and I just...
Given that Drama Camp
stole our client's song...
Your client's song?
Our client's cover
of the Rebel Kane song, we are suggesting
50% of the network's profits.
$1.2 million up to this
point, and 50% moving forward.
No.
Okay, what's your offer?
$800,000.
With punitive.
You're... offering us $800,000?
No, we're suing you for $800,000.
You're suing us?
How does that work?
You stole our client's
cover of "Thicky Trick."
- Wait. Are you saying that I'm...
- ALICIA: Rowby.
It's a negotiating point.
No, it's not, actually.
This is a derivative
copyright from Rebel Kane
granted exclusively to Tiller Television.
You'll be getting your five dollars back.
- No.
- BURL: Our client owns the rights to this song,
and we ask that you pay before playing it.
And please take down the online video
of your client playing our song.
No.
We'll see you in court.
Uh...
Alicia, we can't make money on this.
Yes, we can.
Have you rethought your position?
Yes. We'll see you in court.
Alicia will play it as David and Goliath
because that's what she knows,
that's what serves her ego.
No. Judge Marx doesn't care.
He's a good judge.
(sighs) Right.
I'll see you there.
You still need two votes.
Or one vote and one abstention.
Yeah. I can get you that.
(sniffles)
Tell me about Kalinda.
She's good. She's a straight shooter. Why?
She's following me.
Diane put her on it.
She thinks you're not to be trusted.
Hmm.
We'll need to talk if she finds something.
Why don't we talk now?
Nah. If she finds something.
No, the question, Your
Honor, is one of theft.
- All derivative...
- There was no theft here.
- Again, Mrs. Florrick is trying to...
- CARY: If there was no theft,
then why is the plaintiff
trying to change the subject?
It's not changing the subject
to insist on a derivative copyright.
Can I get a new chair? Mine squeaks.
Another chair for Mr. Canton.
You're asking for a declaratory
judgment of non-infringement?
Yes. Your Honor, our client
may not have the massive
resources their large TV network has,
but his song was written 13 months...
Again, that is simply not true, Your Honor.
And it's unfortunate that Mrs. Florrick
has to rely on emotion rather than logic.
What emotion was I...?
Okay, a little less emotion
from everyone, please!
You may call your first
witness, Mrs. Florrick.
♪ Oh, my gosh, there she go ♪
♪ Watch all that when
she hit the floor ♪
♪ Little mama got back with
her head full of tracks ♪
♪ Claimin' other people
kids on her income tax ♪
♪ Club hoppin', booty poppin',
drama makin', pocket breakin' ♪
♪ Better be paid... ♪
You wrote this song, Mr. Canton?
Objection, Your Honor. Vague.
How is it being vague?
Are you asking if he wrote the lyrics
or the arrangement or the flute part or...?
We get it, Mr. Gardner. Sit.
Your objection is sustained.
Just be
more clear, Mrs. Florrick.
Rowby, when you say you wrote this song,
you mean the melody, correct?
Leading, Your Honor.
You're the one who wanted clarity.
From him, not you.
That's an odd objection, Mr. Gardner,
but accurate. I'll sustain.
What are you doing?
Breaking up her rhythm.
She hates it more than anything.
ALICIA: Rowby, who wrote the original
song, um, the rap song?
Rebel Kane.
And who wrote the tune in this video?
I did, and the arrangements,
and there's no flute.
Good. Thank you.
I'm, um...
now, Rowby.
Yeah.
How did it come to you...
to cover a rap song this way?
Objection, Your Honor. Calls for narrative.
Your Honor, counsel is clearly
making trivial objections
in order to throw me off my pace.
Yes, Mr. Gardner. Stop it!
You may answer the question.
- I don't remember the question.
- I don't either.
Which is exactly Mr. Gardner's intention,
- Your Honor.
- When do you stop?
Now, Rowby,
what...?
- Where were you when...?
- CARY: How did it
come to you to cover a rap
song in the way that you did?
Objection, Your Honor.
Which counsel is questioning?
Sustained.
Can I answer that question anyway?
ALICIA: Sure. Please.
It was August, 8, 2012.
It's the year anniversary
of my dad's death, and I thought
of thi... this image of Rick
Astley doing a rap, and...
(laughs)... and I thought
it was... was funny.
You know what he's doing?
I told him about my first time in court,
how all the objections threw me.
Yeah, he's using it.
You know how cold that is?
Alicia... he's trying to play you.
You're doing what he
wants. You're being played.
He wants you to think how
low it is of him, so don't!
You're right.
Where are you going?
To change.
♪ She a drama queen ♪
♪ Got the cops knockin' at the door ♪
♪ Hair shop, don't be late ♪
♪ Waiting... ♪
And the cover of this
song, "Thicky Trick"...
it was your inspiration?
Yes.
You created the show Drama Camp,
so this scene mattered to you?
Very much.
Like many young men trying
to find their identity,
I was bullied as a kid, so
I wanted to create a show
that had kids moving beyond the hate.
And you...
I... I mean...
that's why you covered, uh...
"Thicky Trick" thi... this way?
Mm-hmm, yes.
I wanted to show how two
cultures needed each other.
"Thicky Tric" was a rap song
given a white-bread
treatment by the white kids,
and then we had the African-American kids
sing another song as a rap.
Did you steal the cover of
"Thicky Trick" from Mr. Canton?
No.
And can you explain the
similarities in the song?
Well, I do know that artists are sponges.
We take in the same
information from the zeitgeist,
transmute it into something new.
And sometimes there is a
best way to do something.
Uh, good artists will oftenduplicate
each other because they hit on
the best way at the same time.
I, uh...
Good. Good.
MARX: Any more questions?
Uh... uh...
No.
- What was that?
- Questioning.
No, it wasn't. Questioning has a point.
So you're saying the
zeitgeist made you do it?
Oh, objection.
It's argumentative.
Misstates testimony.
Inflammatory and...
and 12 other objections.
Which counselor is
questioning here, Your Honor?
Yes, Mr. Preston. Please leave
it to Mr. Gardner to object.
Objection. Argumentative.
Sustained.
So, you're saying that two artists will hit
on the same inspiration at the same time?
I'm saying that they can.
And similarity does not constitute theft.
Similarity is not a crime.
That's how our culture develops and grows.
♪ Oh, my gosh, there she go ♪
♪ Watch all that when
she hit the floor ♪
♪ Little mama got back with
her head full of tracks ♪
♪ Claimin' other people
kids on her income tax ♪
♪ Club hoppin', booty
poppin', drama makin'... ♪
Do you hear any difference
between these two songs?
I see two artists covering the same song
with similar comic instincts,
and that has resulted
in similar instrumentation.
Really?
Really.
♪ Her baby daddy still
try to come around ♪
♪ Tryin' to get a taste
of that brown and brown ♪
♪ Uh-uh, she ain't havin' that ♪
♪ Raised in the hood, ghetto fabulous ♪
♪ She kinda look bad,
boy, I must admit ♪
♪ But she ain't nothing
but a thicky trick... ♪
We need another attack.
So you decided to change?
Yup.
Into what I wore the night
you banged me the first time.
That's pretty low of you.
I know. I wasn't so
discriminating back then.
(chuckling)
- (phone rings)
- WOMAN: Doctor's office.
Uh, are you finished with that?
- Go ahead.
- Thanks.
How far along are you?
Almost 19 weeks. You?
Ten weeks. It's my first ultrasound.
So, this is what you
have to look forward to.
(laughs)
Oh, don't know where
my significant other is.
Do, uh, people normally
bring their spouses with them?
I don't know. I'm not married.
Gee, I don't even know if I
want to keep the father involved.
I think it'll be hard to keep mine away.
What do you mean?
I see him every day.
I'm not even sure...
There you are.
I have been looking for you everywhere.
Hi. I'm Jenna. Marilyn.
So, you guys been waiting long...
Kalinda?
No, not long.
WOMAN: Marilyn Garbanza?
MARILYN: Oh, that's me.
Nice meeting you both.
- Good luck.
- You, too.
You following me?
Yeah.
Because Damian asked you to?
Mm-hmm.
Don't you ever do that.
Not when I'm on the job.
JENNA: Let's get some lunch.
All right, dinner then.
Say you're sorry.
For what?
All right, you know what
I hate more than anything?
What?
People who lose their sense of humor.
You know what I hate more than anything?
What?
People who disrespect my work.
I'm sorry.
Dinner.
- Anyway, by the way...
- I ask the questions...
- The hell it was.
- Don't... don't...
It's my cross.
BURL: No, I think it's best that I cross.
- WILL: You think it's best that you cross?
- Your Honor,
does counsel have questions?
My guess is, they do.
Counselors?
Mr. Canton. Hello.
- Hi.
- Do you remember
what you were doing on July 28, 2012?
I, uh... no. I hope nothing bad.
That was just one week
before the anniversary
of your father's death,
and you really don't remember?
No. Do you remember what you were doing
the week before the anniversary
of your father's death?
No, but I didn't speak with such clarity
about what I was doing on the
anniversary of my dad's death.
Well, I guess you're a
better person than I am.
Would it surprise you to know you were
on the studio lot where Drama Camp is shot?
Uh... yeah.
I was asked to be a session
musician for a commercial.
So, you were on the lot
where Mr. Tiller works,
where he has his inspirations?
Yeah, I could feel his glow.
ALICIA: Objection.
Mr. Canton was joking with that answer.
BURL: Were you just joking,
Mr. Canton?
That I could feel Mr. Tiller's glow
when I was on the lot where he worked?
Uh, yes, that was a joke.
BURL: And did you know that Studio B,
where you worked as a session musician,
- shares a kitchenette with Studio A...?
- Your Honor,
let the plaintiff present evidence
that their client recorded
"Thicky Trick" in that studio,
but this is just innuendo.
WILL: No.
All we need to do is show access.
We're the ones with the...
Access does not constitute theft.
No, but access explains
how two artists had the same inspiration.
It doesn't explain anything.
WILL: Your Honor, we're
the ones with the derivative
- copyright.
- Can you explain that to Mrs. Florrick?
(overlapping chatter)
(high-pitched squealing)
Considering the evidence presented,
it seems clear to me that Mr. Tiller
acquired the derivative work
created by Mr. Rowby Canton.
Yeah.
But, unfortunately, it doesn't matter.
Mr. Canton, your song was an unauthorized
derivative artwork,
- therefore it is not protected.
- What?
And as odd as this may sound,
this theft of your work was legal.
They have the derivative copyright.
You do not. Defendants' motion is denied.
Mr. Preston, Mr. Gardner, your
suit may go forward. (gavel bangs)
(commentator speaking faintly over TV)
So, how do you not like Katy Perry?
Um, I didn't say I don't like her.
I said I... I don't know who she is.
You don't know who she is? You
don't know who Katy Perry is?
What are you, like, 50 years old?
- You don't know "Roar"?
- (chuckles)
- ♪ I got the eye of the tiger ♪
- (laughs)
♪ A fighter, I'm dancing ♪
♪ Through the fire ♪
♪ 'Cause I am a champion ♪
- ♪ And you're gonna hear me... ♪
- (phone ringing)
Yeah?
Uh, yeah.
No.
Okay. Bye.
Who was that?
Um, it was my mom.
ROWBY: Okay, I don't get...
So... so then we lost?
No. Not yet.
We're not letting them win.
You were saying you covered
the song as a joke, right?
Yeah. Like... (chuckles)
Rick Astley doing a rap.
And the joke was what?
What, what made it funny?
Well, if I have to explain the joke,
I mean, it's not a very good joke.
Yeah, I know. But this is...
this is about legal stuff,
so... so just tell me what made it funny.
Um... well, it's a...
like, a r... a rap song,
and we were singing it like a Rick Astley,
you know...
like a rickroll.
You're satirizing the rap song.
- Well, sure.
- Rap songs are usually aggressive and hard,
and you wanted to make fun of the lyrics
by singing them in a soft way.
(chuckling): Yeah, we were.
Yeah, that's what... that's
what we were doing, right?
What?
Rowby's version of "Thicky
Trick" was satire, Your Honor.
No, it was a cover.
And what does satire get you, counselor?
It's transformative. It's
a transformative artwork.
Doesn't matter, Your
Honor, you already ruled.
- We have the derivative copyright.
- Yes, but you also believed
that there was an actual
theft of Rowby's work.
The only problem was
Rowby didn't get contractual
approval to create
- a new artwork, right?
- ALICIA: But that doesn't matter.
If Rowby satirized Rebel
Kane's original work,
that makes it protected.
Can I just say that I love this stuff?
I mean, I don't understand
a word you guys are saying,
but this is awesome.
If Rowby's song was a
transformative artwork,
then an automatic copyright was applied
the moment he recorded it,
and Mr. Tiller's theft was an actual theft.
Okay, Mr. Agos, you have
some room to maneuver here.
Prove it's a transformative
artwork and I will agree.
There is a real theft.
- (gavel bangs)
- This is so cool.
It's like, um... it's
kind of like jazz, right?
- It's like legal jazz.
- DAMIAN: Hey.
Edelweiss.
Edelman.
Do you know what this
meeting's about? Do you?
Yeah, Will wants to lift
the solicitation ban.
No. No.
This is about you voting with Will.
See, Will made you partner.
You owe him.
- No. Diane made me partner.
- No.
Will did.
And he can unmake you as partner.
Good. We have a quorum.
Where's David?
Oh, David had a flat tire.
Sadly.
Anthony, which way are you voting?
You don't have to tell her that.
You're cooking the vote?
- Now, I move we lift the ban...
- Actually, I have to make some calls.
We'll just vote without you, Diane.
Sue, Andrew, Vickie, will
you help me make some calls?
Come on.
You need 18 for a quorum.
You just lost it.
(horn honks)
KALINDA: Peter!
Pete. Do I know you?
No, but you do know her.
Marilyn Garbanza.
Okay. And who are you?
Uh, I'm an investigator working
on an inheritance matter.
There's money due to Marilyn
and the father of her baby.
And you see this?
Says homecoming date, September 7.
That date matches the date
of Marilyn's conception.
Okay...
So I thought... you might be the father,
given that it says "Old Flame"
and old flames have a tendency
to reignite at a reunion.
Well, anyway, if it is you, uh,
I have a few hundred thousand
dollars coming your way.
- I'm married.
- I know, but...
nobody has to know. And, like
I said, that's a lot of money.
Look, did I want to reunite
with Marilyn over homecoming?
Oh, yeah.
But, in the middle of our class dinner,
she got a call and she had to go.
Go where?
I don't know. She didn't say.
Back to Springfield?
She was working for her boss that night.
Her boss?
Did she say who?
No, she said "Peter". That was about it.
She was staying at the Sheraton.
Hey, could this be about the governor?
I know she was doing some work for him.
No, no. Look, um, thanks for your time.
MAN: Douglas Landry-James,
- Dean of Musicology at Chicago Poly Tech.
- ALICIA: And you've...
heard both songs at issue here,
the original rap song and Rowby's song?
Sorry.
I was waiting for my objection.
No, I think the judge is
aware of what you're doing.
- What am I doing?
- MARX: I have no idea what either of you are doing,
but let's shut up.
In your expert opinion
as a musicologist, sir, would you call
Rowby's song satire?
- I would.
- Even though
he didn't change any of the words,
- just the music.
- Especially for that reason.
The song's melodic line
forces me to hear the
lyrics in a new context,
as misogynistic and nihilistic.
- Absolutely not. It's not parody.
- WILL: And why not?
Because the words haven't been changed.
In your expert opinion as a musicologist,
why is it important to change the words?
Because otherwise I could
just steal your novel
and slap another cover on it.
A romance cover instead of a thriller.
I could call it satire
and sell it as my own.
Originality must be protected.
The other gentleman said that
changing the tune was a
transformation of actual content.
The other gentleman isn't very
well respected in his field.
Oh, give it up, Liv.
- Bite me, Douglas.
- Right.
That's the way you usually
attack any argument.
You want to get off your high horse?
This is the woman who thinks karaoke
- is a 21st century art...
- Order. Order.
♪ Vindictive, real vicious ♪
♪ And she always in somebody business ♪
♪ Swingin' with her
name in the bare booth ♪
- ♪ But she take it off... ♪
- Mr. Kane,
what was the intent of
your song "Thicky Trick"?
I don't know. Uh...
to make money.
(chuckles) Yeah.
The lyrics here, "Drama queen got the cops
knockin' at the door."
"Hair shop, don't be late,
waitin' on her Section Eight."
- Who's that describing?
- No one, really. A...
- type of woman?
- And these lyrics
were intended to debunk this woman?
Take her down a notch?
Are you asking me, "Are
these lyrics satirical?"
- Yes.
- Look,
I'm not the guy in that song.
The narrator in the
song... I'm making a joke
about that kind of guy,
that kind of guy that would
look at women in this way.
So it's a satire of rap songs?
A satire of the clichéd
braggish stance of rap songs?
Yeah. Pretty much. But that's what
Rowby Canton says he's
doing with his cover,
satirizing the clichéd
braggish stance toward women.
Yeah. I know.
So he thinks he's satirizing
something that's already a satire?
Yeah. Pretty much.
Your Honor, a transformative artwork
must, by definition, be transformative.
Mr. Canton's cover is not
because Mr. Kane's song
is.
I never know which way
this is going with you.
Good news, bad news, you have
the same poker face.
Look, Marilyn, was
at a class reunion on the
afternoon of September 7.
- Which is the...
- Date of conception, yeah.
Within a day or two.
Good. A class reunion.
That's why she wouldn't
say who the father is.
There was a Peter there?
- Yeah, a Pete Berger.
- Good.
- What's he do?
- No, Eli.
She had to leave the reunion early
'cause she was called
away by someone, someone
named Peter.
Okay, it's a common name.
She was called to Springfield
by this someone named Peter.
Was Peter in Springfield 7 September 2013?
Damn.
Marilyn went to meet this Peter
at the Sheraton at 10:00 p.m.
Do you know where... the governor was?
Did you go to the hotel?
Yeah.
Staff don't remember anything,
so I tried to look at the security footage,
but the digital disc for that day was gone.
- Gone? Why?
- I don't know.
- Who took it?
- I don't know, Eli.
Blackmail?
That would make sense.
The governor, please.
I don't have to tell you.
No, I... I will keep this quiet.
Peter, Eli.
We need to talk.
♪ A round-the-way girl
that everybody know ♪
♪ Be actin' like a lady
but she really is a... ♪
♪ Never satisfied...
ROBYN: What do you need?
Any reference online
of Rowby's song being a satire or a parody.
- Any reference?
- Yes. In forum pages,
in online chats, interviews,
reviews. Anything.
You're looking for a consensus
you can present in court?
Yes. Or even the appearance of a consensus.
Just... give me anything.
- I'll build on it.
- Is this a Hail Mary pass?
Yes.
Is Peter Florrick the dad?
No, Eli. We've had this conversation.
No, we didn't.
You said you didn't want
to have this conversation.
And I still don't.
Hmm.
So if someone has the surveillance videos
from the Springfield Sheraton
on September 7, 2013, I'm not to worry?
I... what are you...
You're not helping calm my nerves, Marilyn.
Who talked to you?
Who did you meet on September 7?
Eli, you can't...
Marilyn, I can.
Do you think a reporter isn't gonna do
- what I did in an afternoon?
- Are you checking up on me?
This is my life! Of course
I'm checking up on you!
This is my life!
You don't delve into my personal business.
You give up the rights to privacy
when you enter this office.
I do.
But he doesn't.
The father of my baby doesn't.
Okay, Marilyn,
you choose this man's privacy
or the governor's career.
Get out of my office, Eli.
How are you?
You don't like Katy Perry?
(chuckles)
Jenna and you...
you tell each other everything?
Well, we're friends.
You know?
Don't you have friends?
Um...
She likes you, by the way.
(drum intro plays)
(audio fast-forwarding)
♪ Thicky thick tricky trick ♪
- ♪ She a thicky thick tricky trick ♪
- (knocking)
♪ Thicky thick tricky trick ♪
♪ She a thicky thick tricky trick... ♪
(instrumental break)
(audio rewinding)
♪ She a thicky thick tricky trick ♪
♪ Thicky thick tricky trick ♪
- ♪ She a thicky thick tricky trick... ♪
- (bowling pins clatter)
(instrumental break)
Are we not friends anymore?
There's a psychological
break between us, Will,
not just a business one.
- Us or the firm?
- Both. Let's start with the firm.
Alicia and the fourth years leaving has...
put us all on edge.
Diane, I'm fine.
I know.
And it makes sense to charge
on ahead and not look back,
but there is a frantic
quality to all of this,
not just opening New York but then L.A.?
Look, I would agree there
are some things that are...
psychological.
But there are also some things
that are just themselves.
- This is just itself.
- It's not just...
I'm not done.
Help me, Diane.
Not by curbing me, by using me.
Look at me.
I'm fine.
I'm... determined.
This is not... about Alicia.
Diane, you walked away.
And now you're back.
I want you back.
But I didn't walk away,
and I should be given a chance to do this.
To lead.
You're right.
So you're voting with me?
Whatever you want.
ELI: No interruptions!
It's Anne Stevens from the Tribune.
What does she want?
You.
Hello, Anne.
You're working late.
I thought the Tribune was
almost out of business.
I need your comment on something, Eli.
Wow, you're sounding serious.
I am serious.
Tomorrow by 3:00,
or we run with it on the Web site.
Run with what?
You'll find out tomorrow.
Hey.
Give me a category, at least.
A video.
All right, three different online reviews
mentioned a sound at a minute, 23.
Wait, in... in my arrangement?
No, Drama Camp's.
But not in the version they
eventually sold on iTunes.
They had to deliver earlier tracks
to the Swedish iTunes.
- Why?
- It's a big market.
This is the version they had up
in Sweden before they could change it.
♪ Nothing but a tricky trick ♪
♪ Thicky thick tricky trick... ♪
What are we listening for?
Uh, it's at a minute, 23.
♪ Thicky thick tricky trick ♪
♪ She a thicky thick ♪
♪ Tricky trick... ♪
(bowling pins clatter, song continues)
What? I don't get it.
Well, it's on the bass track.
Listen.
(song rewinding)
♪ Thicky thick tricky trick... ♪
(bowling pins clatter, song continues)
Uh, I don't get it.
That's... balls.
Balls, b... it's bowl... bowling,
it's like... oh, my
God, it's bowling balls.
We recorded it at Murray's work.
And before they could rerecord the tracks,
Drama Camp's engineers just recycled yours.
That's theft. I mean, I don't care
what anyone says, that's theft.
That's like breaking-into-my-house...
and... and-stealing-my-stuff kind of theft.
You are awesome!
- (Robyn laughs)
- Awesome!
(engine idling)
(siren wailing)
(indistinct radio transmission)
License and registration.
What did I do wrong?
You didn't return my calls.
I think it's best we just cool it.
Why?
I don't know if I like you.
You like me.
I don't like how much you talk.
So this is about Damian.
This about him or me, or...?
Can I go now?
Yeah, you can go.
Look, I just don't like
losing friends, okay?
I mean, lovers I don't mind,
but friends?
They come through.
So don't make this about him or me.
Drive safely.
Yeah.
♪ She ain't nothing
but a tricky trick ♪
♪ Thicky thick tricky trick ♪
♪ She a thicky thick tricky trick ♪
♪ Thicky thick ♪
- ♪ Tricky trick... ♪
- I am getting so sick of this song.
Here it comes.
- (bowling pins clatter)
- You ready?
Did you hear that?
Those are bowling balls hitting pins.
And you can see it right
there and right there.
There's my version of the song.
You see? Right there, that's my version,
and that is Tiller's.
Bowling ball and bowling ball.
They're the same.
- It doesn't mean anything.
- It doesn't mean...
That's our song, he stole our song.
We have the derivative copyright.
Doesn't give you the right to steal.
They stole Rowby's actual track.
Then they recorded their own
before putting it in the
domestic iTunes store.
That is theft.
Actual theft.
Prove it in court.
Sure.
But before you do something
to satisfy your ego,
I'd check with my client first.
I'll handle my client, you handle yours.
Ours.
You got your hand caught in
the cookie jar, Mr. Preston.
You can't pretend the
cookie jar doesn't exist.
May I speak to you for a second,
Mr. Gardner?
I th... I think we just won.
(laughs)
Well, there's a first for everything.
This feels incredible!
I could... I could
definitely get used to this.
- Oh, you did it!
- (squeals)
Oh, my God, you're amazing.
Eli Gold, what a pleasure.
Why do I feel like I'm
about to be devoured?
I have no idea.
What's happening, Anne?
I'm looking for a comment, Eli.
- On...?
- An anonymous tip
that was sent to my office.
You want me to comment on an anonymous tip?
That's an old reporter's trick.
Throw any random aspersions
on the candidate, then get me to deny it
so you can use the denial as the story.
Well, this one was sent
with a surveillance video.
Anne, you know how unreliable
surveillance videos are.
(Anne sighs)
Now, the tip says,
"Here's evidence of Peter Florrick
stealing an election.
Happy hunting."
Any comment?
Eli...
I thought about what
you said about privacy,
and I want you to know
that I... I approached the father,
and he said he'd be
willing to come forward.
I want you to meet Peter.
Hi. Peter Bogdanovich.
He was in town directing a movie,
and we just...
- well.
- Yeah.
Marilyn was trying to protect me,
but I'm fine if you need me to go public.
Eli?
Isn't that good of him?
This is good news.
VERONICA: How clever.
How many months?
Three and a half.
Oh, and do you know the sex yet?
I do, it's a boy.
Oh, how sweet, a boy.
I love boys.
Do you have a name yet?
I do.
Peter.
(coughs)
Are you all right?
You're naming the baby Peter?
Yes. Why?
Can I have a word with you?
- It's not what you think.
- Oh, and what do I think?
No, no. Wait, wait.
- Ooh.
- Are you insane?
It has nothing to do with the governor.
His name is Peter and you're
naming your baby Peter,
and that has nothing
to do with the governor?
It's a coincidence.
No, a coincidence is
when you bump into someone
on a subway platform,
not that you name your child after them.
I'm naming my baby after the... father.
Oh, dear holy God.
It's not the governor.
Who is the father?
I can't say.
He's a private person.
He doesn't want to draw
attention to himself.
Oh, well, at least he
doesn't want to do that.
Eli, Marilyn, hi.
- Hi, Alicia.
- Why aren't you in the party?
- Why aren't we in the party? I have no idea.
- Oh, okay.
Um, have you seen the band?
No, no, just the two of us
having a nice little chat.
Okay.
MAN: This is cool,
it's... it's, uh, it's a cool group.
People danced.
Well, it was your music. It was infectious.
Who do I give the check to?
Uh, Marshall. He's the business mind.
Thank you very much for
everything, and if there's
- anything we can do...
- Um, actually,
th... there is something.
Um, we were really stoked to book this gig,
'cause... well, you
guys are lawyers, right?
- Yes.
- Cool,
and you take on cases?
Like, anyone's cases?
Well, um, sometimes. Why?
Well, uh...
Hey. (laughs) How you doing?
Um...
we'd like to show you something.
♪ But she ain't nothing
but a tricky trick ♪
♪ Thicky thick ♪
♪ Tricky trick ♪
♪ She thicky thick ♪ Tricky trick ♪
♪ She thicky thick ♪
♪ Tricky trick ♪
♪ She thicky thick ♪
- ♪ Tricky trick ♪
- ♪ Oh, my gosh, there she go... ♪
It's "Thicky Trick" by,
you know, the, um, it's...
Rebel Kane.
He was in prison with my husband.
Oh, yeah?
Oh, that's... didn't expect that.
So are you suing them?
No, hold on, I... I got
this whole thing lined up.
♪ Never satisfied, said
he's gonna give me more ♪
♪ Hair shop, don't be late... ♪
♪ Waitin' on her Section Eight ♪
♪ Sometimes shorty make me sick ♪
♪ But she ain't nothing
but a tricky trick ♪
♪ That little mama thicky thick ♪
♪ But she ain't nothing
but a tricky trick... ♪
That's us, our song.
CARY: So, you covered Rebel Kane's song
- but you didn't get the rights for it.
- No,
we got the rights. We got the...
What'd we get, Marshall?
Compulsory license.
Yeah. Murray got 'em.
He's our manager.
Uh, okay, so what's the problem?
Ah. Al... almost there.
♪ Tryin' to get a taste
of that brown and brown ♪
♪ Uh-uh, she ain't havin' that ♪
♪ Raised in the hood, ghetto fabulous ♪
♪ She kinda look bad,
boy, I must admit ♪
♪ But she ain't nothing
but a thicky trick ♪
♪ That little mama... ♪
What's that?
That is Drama Camp.
It's a television show about
a summer camp talent show.
There's a TV show about
a summer camp talent show?
Yeah, and it's a hit.
♪ Tricky trick... ♪
But that's our song.
- They're playing our song.
- No,
they're singing Rebel Kane's song.
His lyrics, but they're covering, like...
like we covered it.
Like, that's our melody,
and they stole it.
We were gonna let the whole
thing slide, and then...
I... I don't know.
It's, um...
what they're doing, it's not right.
And then you guys called us.
Hiring lawyers costs a lot of money, guys.
And this is really a David
and Goliath situation,
going up against a TV network.
Well, that's why we were
hoping you'd go on...
Oh, what's it called?
A percentage.
Contingency. Well...
you know,
if there's a lot of money
at stake, sometimes we...
$2.3 million.
The Drama Camp version's
the best-selling song on
iTunes for the last eight weeks.
♪ Steady screamin', "Give
me money, money... " ♪
(elevator dings)
Alicia Florrick, please. Burl Preston.
Yes.
Uh, do you mind my asking:
Are you one of her clients?
I do mind. I'll answer anyway.
I am not one of her clients.
I am being sued by her yet again.
(indistinct argument)
WILL: That's not what I was saying, no.
No, the problem is, you
didn't consult with any of us.
I was in a bar.
- I consulted with Damian.
- You don't plan our future in bars.
It's Los Angeles, Diane.
It's a good market for us.
We just opened in New York. Can we
please just do one thing at a time?
We are doing one thing
at a time: expanding.
Do you want to discuss this like adults?
You agreed. We weren't going to slow down
for anyone, anything. This
is a good opportunity for us.
- A client in L.A.
- We don't have an infrastructure in L.A.
So we build one. Let's vote.
- Howard. Wake up, we're voting.
- I move that we institute
- a two-month ban on soliciting new clients.
- No, no, that's not the...
- I second.
- DIANE: We have a second.
WILL: The vote is about
opening an office in L.A.,
- it's not ab...
- The motion has already been seconded.
I am calling the question.
All those in favor
of a two-month delay on
soliciting new clients?
No, Howard.
I thought I was voting.
No, this is a different vote.
DIANE: All right, 12
yeses. All those against?
Howard.
Ugh.
Ten noes, the motion passes.
We have a 60-day moratorium
on soliciting new clients.
There's someone asking for Alicia Florrick.
Who?
Burl Preston.
Well, that's a surprise.
Yes.
She started her own firm.
She seems to be holding
all the old grudges.
Well,
don't blame me for that.
Oh, it's too bad.
I was looking forward
to facing you in court.
How's L.A. treating you, Mr. Preston?
85 degrees when I left.
32 degrees here.
You tell me.
I was thinking of signing clients in L.A.
Yeah, great.
What's the case?
The suit Alicia's bringing?
It's, uh, copyright infringement. Why?
I know how she works.
I know her weaknesses.
I know how to beat her.
You're offering your services?
No, thank you, though.
Why not?
I don't like you.
I don't like you, either.
What's that got to do with it?
The enemy of my enemy is my friend.
- (phone rings)
- WOMAN: Governor Florrick's office.
Yes, I'll transfer you now.
Kalinda Sharma, there
you are. How you doing?
Good. What do you need?
A proper hello.
Hello.
Hello. What do you need?
ELI: Marilyn Garbanza. She's
head of Peter's ethics commission.
She's also pregnant.
Very pregnant.
I need to find out who the father is.
All I know is that the
father's first name is Peter.
No.
Why not?
This is for Peter. Florrick.
No, technically, no.
Well, who's it for, then, technically?
Alicia Florrick.
I need an investigator who won't leak.
Who won't hurt Alicia.
With?
(whispering): The possibility that Peter
is the father.
It's a slim possibility,
but even the question
can... cause problems.
I need an outsider...
who won't leak.
$500 an hour.
MAN: You sure I can't get
you anything? A milkshake?
No, thank you.
Um, we were getting our paperwork in line
for the lawsuit, Mr. Mills, and
as their manager, we see you
purchased a compulsory license
from Rebel Kane, but for some reason
not a derivative copyright.
A, uh, what?
ALICIA: A derivative copyright.
The compulsory rights
allow you to cover the song.
But the derivative rights protect you
if you make changes in that song.
Oh, I have to get two things?
(chuckles)
I hate it when they look
at each other like that.
You don't have to get them, but
we need the derivative rights
to sue this TV show
for stealing your cover.
MILLS: Look, I was saving money,
I only bought the rights I needed to.
Do you know how much we make
every time that someone
clicks that song on Spotify?
0.004 cents.
Well, let's just get the derivative rights.
How hard can that be?
Well, you do know Rebel Kane.
REBEL KANE: ♪ That
little mama thicky thick ♪
♪ But she ain't nothing
but a tricky trick ♪
♪ That little mama thicky thick... ♪
Yeah, I don't really know what happened.
We just, um, we need a...
derivative...
copyright.
(chuckles): Our manager kind of had
a little bit of a brain fart,
- you know?
- So you need a what, a copyright?
A derivative copyright.
I think you'll remember my husband?
Yeah.
Peter.
I voted for him. I mean...
I almost voted for him.
Well, we wanted to go
straight to you, Mr. Kane.
- Instead of through your label.
- KANE: I get it.
I was a struggling artist, too.
So how much is a derivative copyright?
$5,000, typically.
Look, you name your next song after me,
I'll give it to you for free.
ALICIA: Actually, uh,
money has to change hands.
Even if it's only five dollars.
Okay. Five dollars.
Come on, all these plants ain't
going to pay for themselves.
ALICIA: Great, so I will have the paperwork
sent over this afternoon.
KANE: Yeah, good.
Oh, here. (giggles)
We got it.
You're kidding. This is them?
Hey, we all started out this way.
I didn't.
They want to settle, right?
Oh, yeah. Too much of an embarrassment
- to go to court.
- BURL: Hello?
Here he is.
Mr. Preston, hello.
You ready...
I believe you know Mr. Gardner.
Alicia, Cary. How are you?
Good.
Mr. Gardner and I have decided
to pursue this case together.
- Shall we?
- This way.
You should get over it.
Get over what?
Me.
You have an odd view of me, Alicia.
It's just coincidence
that we keep opposing each other on cases?
Yes. Burl came to me,
thinking you were still
working at Lockhart/Gardner,
and I just...
Given that Drama Camp
stole our client's song...
Your client's song?
Our client's cover
of the Rebel Kane song, we are suggesting
50% of the network's profits.
$1.2 million up to this
point, and 50% moving forward.
No.
Okay, what's your offer?
$800,000.
With punitive.
You're... offering us $800,000?
No, we're suing you for $800,000.
You're suing us?
How does that work?
You stole our client's
cover of "Thicky Trick."
- Wait. Are you saying that I'm...
- ALICIA: Rowby.
It's a negotiating point.
No, it's not, actually.
This is a derivative
copyright from Rebel Kane
granted exclusively to Tiller Television.
You'll be getting your five dollars back.
- No.
- BURL: Our client owns the rights to this song,
and we ask that you pay before playing it.
And please take down the online video
of your client playing our song.
No.
We'll see you in court.
Uh...
Alicia, we can't make money on this.
Yes, we can.
Have you rethought your position?
Yes. We'll see you in court.
Alicia will play it as David and Goliath
because that's what she knows,
that's what serves her ego.
No. Judge Marx doesn't care.
He's a good judge.
(sighs) Right.
I'll see you there.
You still need two votes.
Or one vote and one abstention.
Yeah. I can get you that.
(sniffles)
Tell me about Kalinda.
She's good. She's a straight shooter. Why?
She's following me.
Diane put her on it.
She thinks you're not to be trusted.
Hmm.
We'll need to talk if she finds something.
Why don't we talk now?
Nah. If she finds something.
No, the question, Your
Honor, is one of theft.
- All derivative...
- There was no theft here.
- Again, Mrs. Florrick is trying to...
- CARY: If there was no theft,
then why is the plaintiff
trying to change the subject?
It's not changing the subject
to insist on a derivative copyright.
Can I get a new chair? Mine squeaks.
Another chair for Mr. Canton.
You're asking for a declaratory
judgment of non-infringement?
Yes. Your Honor, our client
may not have the massive
resources their large TV network has,
but his song was written 13 months...
Again, that is simply not true, Your Honor.
And it's unfortunate that Mrs. Florrick
has to rely on emotion rather than logic.
What emotion was I...?
Okay, a little less emotion
from everyone, please!
You may call your first
witness, Mrs. Florrick.
♪ Oh, my gosh, there she go ♪
♪ Watch all that when
she hit the floor ♪
♪ Little mama got back with
her head full of tracks ♪
♪ Claimin' other people
kids on her income tax ♪
♪ Club hoppin', booty poppin',
drama makin', pocket breakin' ♪
♪ Better be paid... ♪
You wrote this song, Mr. Canton?
Objection, Your Honor. Vague.
How is it being vague?
Are you asking if he wrote the lyrics
or the arrangement or the flute part or...?
We get it, Mr. Gardner. Sit.
Your objection is sustained.
Just be
more clear, Mrs. Florrick.
Rowby, when you say you wrote this song,
you mean the melody, correct?
Leading, Your Honor.
You're the one who wanted clarity.
From him, not you.
That's an odd objection, Mr. Gardner,
but accurate. I'll sustain.
What are you doing?
Breaking up her rhythm.
She hates it more than anything.
ALICIA: Rowby, who wrote the original
song, um, the rap song?
Rebel Kane.
And who wrote the tune in this video?
I did, and the arrangements,
and there's no flute.
Good. Thank you.
I'm, um...
now, Rowby.
Yeah.
How did it come to you...
to cover a rap song this way?
Objection, Your Honor. Calls for narrative.
Your Honor, counsel is clearly
making trivial objections
in order to throw me off my pace.
Yes, Mr. Gardner. Stop it!
You may answer the question.
- I don't remember the question.
- I don't either.
Which is exactly Mr. Gardner's intention,
- Your Honor.
- When do you stop?
Now, Rowby,
what...?
- Where were you when...?
- CARY: How did it
come to you to cover a rap
song in the way that you did?
Objection, Your Honor.
Which counsel is questioning?
Sustained.
Can I answer that question anyway?
ALICIA: Sure. Please.
It was August, 8, 2012.
It's the year anniversary
of my dad's death, and I thought
of thi... this image of Rick
Astley doing a rap, and...
(laughs)... and I thought
it was... was funny.
You know what he's doing?
I told him about my first time in court,
how all the objections threw me.
Yeah, he's using it.
You know how cold that is?
Alicia... he's trying to play you.
You're doing what he
wants. You're being played.
He wants you to think how
low it is of him, so don't!
You're right.
Where are you going?
To change.
♪ She a drama queen ♪
♪ Got the cops knockin' at the door ♪
♪ Hair shop, don't be late ♪
♪ Waiting... ♪
And the cover of this
song, "Thicky Trick"...
it was your inspiration?
Yes.
You created the show Drama Camp,
so this scene mattered to you?
Very much.
Like many young men trying
to find their identity,
I was bullied as a kid, so
I wanted to create a show
that had kids moving beyond the hate.
And you...
I... I mean...
that's why you covered, uh...
"Thicky Trick" thi... this way?
Mm-hmm, yes.
I wanted to show how two
cultures needed each other.
"Thicky Tric" was a rap song
given a white-bread
treatment by the white kids,
and then we had the African-American kids
sing another song as a rap.
Did you steal the cover of
"Thicky Trick" from Mr. Canton?
No.
And can you explain the
similarities in the song?
Well, I do know that artists are sponges.
We take in the same
information from the zeitgeist,
transmute it into something new.
And sometimes there is a
best way to do something.
Uh, good artists will oftenduplicate
each other because they hit on
the best way at the same time.
I, uh...
Good. Good.
MARX: Any more questions?
Uh... uh...
No.
- What was that?
- Questioning.
No, it wasn't. Questioning has a point.
So you're saying the
zeitgeist made you do it?
Oh, objection.
It's argumentative.
Misstates testimony.
Inflammatory and...
and 12 other objections.
Which counselor is
questioning here, Your Honor?
Yes, Mr. Preston. Please leave
it to Mr. Gardner to object.
Objection. Argumentative.
Sustained.
So, you're saying that two artists will hit
on the same inspiration at the same time?
I'm saying that they can.
And similarity does not constitute theft.
Similarity is not a crime.
That's how our culture develops and grows.
♪ Oh, my gosh, there she go ♪
♪ Watch all that when
she hit the floor ♪
♪ Little mama got back with
her head full of tracks ♪
♪ Claimin' other people
kids on her income tax ♪
♪ Club hoppin', booty
poppin', drama makin'... ♪
Do you hear any difference
between these two songs?
I see two artists covering the same song
with similar comic instincts,
and that has resulted
in similar instrumentation.
Really?
Really.
♪ Her baby daddy still
try to come around ♪
♪ Tryin' to get a taste
of that brown and brown ♪
♪ Uh-uh, she ain't havin' that ♪
♪ Raised in the hood, ghetto fabulous ♪
♪ She kinda look bad,
boy, I must admit ♪
♪ But she ain't nothing
but a thicky trick... ♪
We need another attack.
So you decided to change?
Yup.
Into what I wore the night
you banged me the first time.
That's pretty low of you.
I know. I wasn't so
discriminating back then.
(chuckling)
- (phone rings)
- WOMAN: Doctor's office.
Uh, are you finished with that?
- Go ahead.
- Thanks.
How far along are you?
Almost 19 weeks. You?
Ten weeks. It's my first ultrasound.
So, this is what you
have to look forward to.
(laughs)
Oh, don't know where
my significant other is.
Do, uh, people normally
bring their spouses with them?
I don't know. I'm not married.
Gee, I don't even know if I
want to keep the father involved.
I think it'll be hard to keep mine away.
What do you mean?
I see him every day.
I'm not even sure...
There you are.
I have been looking for you everywhere.
Hi. I'm Jenna. Marilyn.
So, you guys been waiting long...
Kalinda?
No, not long.
WOMAN: Marilyn Garbanza?
MARILYN: Oh, that's me.
Nice meeting you both.
- Good luck.
- You, too.
You following me?
Yeah.
Because Damian asked you to?
Mm-hmm.
Don't you ever do that.
Not when I'm on the job.
JENNA: Let's get some lunch.
All right, dinner then.
Say you're sorry.
For what?
All right, you know what
I hate more than anything?
What?
People who lose their sense of humor.
You know what I hate more than anything?
What?
People who disrespect my work.
I'm sorry.
Dinner.
- Anyway, by the way...
- I ask the questions...
- The hell it was.
- Don't... don't...
It's my cross.
BURL: No, I think it's best that I cross.
- WILL: You think it's best that you cross?
- Your Honor,
does counsel have questions?
My guess is, they do.
Counselors?
Mr. Canton. Hello.
- Hi.
- Do you remember
what you were doing on July 28, 2012?
I, uh... no. I hope nothing bad.
That was just one week
before the anniversary
of your father's death,
and you really don't remember?
No. Do you remember what you were doing
the week before the anniversary
of your father's death?
No, but I didn't speak with such clarity
about what I was doing on the
anniversary of my dad's death.
Well, I guess you're a
better person than I am.
Would it surprise you to know you were
on the studio lot where Drama Camp is shot?
Uh... yeah.
I was asked to be a session
musician for a commercial.
So, you were on the lot
where Mr. Tiller works,
where he has his inspirations?
Yeah, I could feel his glow.
ALICIA: Objection.
Mr. Canton was joking with that answer.
BURL: Were you just joking,
Mr. Canton?
That I could feel Mr. Tiller's glow
when I was on the lot where he worked?
Uh, yes, that was a joke.
BURL: And did you know that Studio B,
where you worked as a session musician,
- shares a kitchenette with Studio A...?
- Your Honor,
let the plaintiff present evidence
that their client recorded
"Thicky Trick" in that studio,
but this is just innuendo.
WILL: No.
All we need to do is show access.
We're the ones with the...
Access does not constitute theft.
No, but access explains
how two artists had the same inspiration.
It doesn't explain anything.
WILL: Your Honor, we're
the ones with the derivative
- copyright.
- Can you explain that to Mrs. Florrick?
(overlapping chatter)
(high-pitched squealing)
Considering the evidence presented,
it seems clear to me that Mr. Tiller
acquired the derivative work
created by Mr. Rowby Canton.
Yeah.
But, unfortunately, it doesn't matter.
Mr. Canton, your song was an unauthorized
derivative artwork,
- therefore it is not protected.
- What?
And as odd as this may sound,
this theft of your work was legal.
They have the derivative copyright.
You do not. Defendants' motion is denied.
Mr. Preston, Mr. Gardner, your
suit may go forward. (gavel bangs)
(commentator speaking faintly over TV)
So, how do you not like Katy Perry?
Um, I didn't say I don't like her.
I said I... I don't know who she is.
You don't know who she is? You
don't know who Katy Perry is?
What are you, like, 50 years old?
- You don't know "Roar"?
- (chuckles)
- ♪ I got the eye of the tiger ♪
- (laughs)
♪ A fighter, I'm dancing ♪
♪ Through the fire ♪
♪ 'Cause I am a champion ♪
- ♪ And you're gonna hear me... ♪
- (phone ringing)
Yeah?
Uh, yeah.
No.
Okay. Bye.
Who was that?
Um, it was my mom.
ROWBY: Okay, I don't get...
So... so then we lost?
No. Not yet.
We're not letting them win.
You were saying you covered
the song as a joke, right?
Yeah. Like... (chuckles)
Rick Astley doing a rap.
And the joke was what?
What, what made it funny?
Well, if I have to explain the joke,
I mean, it's not a very good joke.
Yeah, I know. But this is...
this is about legal stuff,
so... so just tell me what made it funny.
Um... well, it's a...
like, a r... a rap song,
and we were singing it like a Rick Astley,
you know...
like a rickroll.
You're satirizing the rap song.
- Well, sure.
- Rap songs are usually aggressive and hard,
and you wanted to make fun of the lyrics
by singing them in a soft way.
(chuckling): Yeah, we were.
Yeah, that's what... that's
what we were doing, right?
What?
Rowby's version of "Thicky
Trick" was satire, Your Honor.
No, it was a cover.
And what does satire get you, counselor?
It's transformative. It's
a transformative artwork.
Doesn't matter, Your
Honor, you already ruled.
- We have the derivative copyright.
- Yes, but you also believed
that there was an actual
theft of Rowby's work.
The only problem was
Rowby didn't get contractual
approval to create
- a new artwork, right?
- ALICIA: But that doesn't matter.
If Rowby satirized Rebel
Kane's original work,
that makes it protected.
Can I just say that I love this stuff?
I mean, I don't understand
a word you guys are saying,
but this is awesome.
If Rowby's song was a
transformative artwork,
then an automatic copyright was applied
the moment he recorded it,
and Mr. Tiller's theft was an actual theft.
Okay, Mr. Agos, you have
some room to maneuver here.
Prove it's a transformative
artwork and I will agree.
There is a real theft.
- (gavel bangs)
- This is so cool.
It's like, um... it's
kind of like jazz, right?
- It's like legal jazz.
- DAMIAN: Hey.
Edelweiss.
Edelman.
Do you know what this
meeting's about? Do you?
Yeah, Will wants to lift
the solicitation ban.
No. No.
This is about you voting with Will.
See, Will made you partner.
You owe him.
- No. Diane made me partner.
- No.
Will did.
And he can unmake you as partner.
Good. We have a quorum.
Where's David?
Oh, David had a flat tire.
Sadly.
Anthony, which way are you voting?
You don't have to tell her that.
You're cooking the vote?
- Now, I move we lift the ban...
- Actually, I have to make some calls.
We'll just vote without you, Diane.
Sue, Andrew, Vickie, will
you help me make some calls?
Come on.
You need 18 for a quorum.
You just lost it.
(horn honks)
KALINDA: Peter!
Pete. Do I know you?
No, but you do know her.
Marilyn Garbanza.
Okay. And who are you?
Uh, I'm an investigator working
on an inheritance matter.
There's money due to Marilyn
and the father of her baby.
And you see this?
Says homecoming date, September 7.
That date matches the date
of Marilyn's conception.
Okay...
So I thought... you might be the father,
given that it says "Old Flame"
and old flames have a tendency
to reignite at a reunion.
Well, anyway, if it is you, uh,
I have a few hundred thousand
dollars coming your way.
- I'm married.
- I know, but...
nobody has to know. And, like
I said, that's a lot of money.
Look, did I want to reunite
with Marilyn over homecoming?
Oh, yeah.
But, in the middle of our class dinner,
she got a call and she had to go.
Go where?
I don't know. She didn't say.
Back to Springfield?
She was working for her boss that night.
Her boss?
Did she say who?
No, she said "Peter". That was about it.
She was staying at the Sheraton.
Hey, could this be about the governor?
I know she was doing some work for him.
No, no. Look, um, thanks for your time.
MAN: Douglas Landry-James,
- Dean of Musicology at Chicago Poly Tech.
- ALICIA: And you've...
heard both songs at issue here,
the original rap song and Rowby's song?
Sorry.
I was waiting for my objection.
No, I think the judge is
aware of what you're doing.
- What am I doing?
- MARX: I have no idea what either of you are doing,
but let's shut up.
In your expert opinion
as a musicologist, sir, would you call
Rowby's song satire?
- I would.
- Even though
he didn't change any of the words,
- just the music.
- Especially for that reason.
The song's melodic line
forces me to hear the
lyrics in a new context,
as misogynistic and nihilistic.
- Absolutely not. It's not parody.
- WILL: And why not?
Because the words haven't been changed.
In your expert opinion as a musicologist,
why is it important to change the words?
Because otherwise I could
just steal your novel
and slap another cover on it.
A romance cover instead of a thriller.
I could call it satire
and sell it as my own.
Originality must be protected.
The other gentleman said that
changing the tune was a
transformation of actual content.
The other gentleman isn't very
well respected in his field.
Oh, give it up, Liv.
- Bite me, Douglas.
- Right.
That's the way you usually
attack any argument.
You want to get off your high horse?
This is the woman who thinks karaoke
- is a 21st century art...
- Order. Order.
♪ Vindictive, real vicious ♪
♪ And she always in somebody business ♪
♪ Swingin' with her
name in the bare booth ♪
- ♪ But she take it off... ♪
- Mr. Kane,
what was the intent of
your song "Thicky Trick"?
I don't know. Uh...
to make money.
(chuckles) Yeah.
The lyrics here, "Drama queen got the cops
knockin' at the door."
"Hair shop, don't be late,
waitin' on her Section Eight."
- Who's that describing?
- No one, really. A...
- type of woman?
- And these lyrics
were intended to debunk this woman?
Take her down a notch?
Are you asking me, "Are
these lyrics satirical?"
- Yes.
- Look,
I'm not the guy in that song.
The narrator in the
song... I'm making a joke
about that kind of guy,
that kind of guy that would
look at women in this way.
So it's a satire of rap songs?
A satire of the clichéd
braggish stance of rap songs?
Yeah. Pretty much. But that's what
Rowby Canton says he's
doing with his cover,
satirizing the clichéd
braggish stance toward women.
Yeah. I know.
So he thinks he's satirizing
something that's already a satire?
Yeah. Pretty much.
Your Honor, a transformative artwork
must, by definition, be transformative.
Mr. Canton's cover is not
because Mr. Kane's song
is.
I never know which way
this is going with you.
Good news, bad news, you have
the same poker face.
Look, Marilyn, was
at a class reunion on the
afternoon of September 7.
- Which is the...
- Date of conception, yeah.
Within a day or two.
Good. A class reunion.
That's why she wouldn't
say who the father is.
There was a Peter there?
- Yeah, a Pete Berger.
- Good.
- What's he do?
- No, Eli.
She had to leave the reunion early
'cause she was called
away by someone, someone
named Peter.
Okay, it's a common name.
She was called to Springfield
by this someone named Peter.
Was Peter in Springfield 7 September 2013?
Damn.
Marilyn went to meet this Peter
at the Sheraton at 10:00 p.m.
Do you know where... the governor was?
Did you go to the hotel?
Yeah.
Staff don't remember anything,
so I tried to look at the security footage,
but the digital disc for that day was gone.
- Gone? Why?
- I don't know.
- Who took it?
- I don't know, Eli.
Blackmail?
That would make sense.
The governor, please.
I don't have to tell you.
No, I... I will keep this quiet.
Peter, Eli.
We need to talk.
♪ A round-the-way girl
that everybody know ♪
♪ Be actin' like a lady
but she really is a... ♪
♪ Never satisfied...
ROBYN: What do you need?
Any reference online
of Rowby's song being a satire or a parody.
- Any reference?
- Yes. In forum pages,
in online chats, interviews,
reviews. Anything.
You're looking for a consensus
you can present in court?
Yes. Or even the appearance of a consensus.
Just... give me anything.
- I'll build on it.
- Is this a Hail Mary pass?
Yes.
Is Peter Florrick the dad?
No, Eli. We've had this conversation.
No, we didn't.
You said you didn't want
to have this conversation.
And I still don't.
Hmm.
So if someone has the surveillance videos
from the Springfield Sheraton
on September 7, 2013, I'm not to worry?
I... what are you...
You're not helping calm my nerves, Marilyn.
Who talked to you?
Who did you meet on September 7?
Eli, you can't...
Marilyn, I can.
Do you think a reporter isn't gonna do
- what I did in an afternoon?
- Are you checking up on me?
This is my life! Of course
I'm checking up on you!
This is my life!
You don't delve into my personal business.
You give up the rights to privacy
when you enter this office.
I do.
But he doesn't.
The father of my baby doesn't.
Okay, Marilyn,
you choose this man's privacy
or the governor's career.
Get out of my office, Eli.
How are you?
You don't like Katy Perry?
(chuckles)
Jenna and you...
you tell each other everything?
Well, we're friends.
You know?
Don't you have friends?
Um...
She likes you, by the way.
(drum intro plays)
(audio fast-forwarding)
♪ Thicky thick tricky trick ♪
- ♪ She a thicky thick tricky trick ♪
- (knocking)
♪ Thicky thick tricky trick ♪
♪ She a thicky thick tricky trick... ♪
(instrumental break)
(audio rewinding)
♪ She a thicky thick tricky trick ♪
♪ Thicky thick tricky trick ♪
- ♪ She a thicky thick tricky trick... ♪
- (bowling pins clatter)
(instrumental break)
Are we not friends anymore?
There's a psychological
break between us, Will,
not just a business one.
- Us or the firm?
- Both. Let's start with the firm.
Alicia and the fourth years leaving has...
put us all on edge.
Diane, I'm fine.
I know.
And it makes sense to charge
on ahead and not look back,
but there is a frantic
quality to all of this,
not just opening New York but then L.A.?
Look, I would agree there
are some things that are...
psychological.
But there are also some things
that are just themselves.
- This is just itself.
- It's not just...
I'm not done.
Help me, Diane.
Not by curbing me, by using me.
Look at me.
I'm fine.
I'm... determined.
This is not... about Alicia.
Diane, you walked away.
And now you're back.
I want you back.
But I didn't walk away,
and I should be given a chance to do this.
To lead.
You're right.
So you're voting with me?
Whatever you want.
ELI: No interruptions!
It's Anne Stevens from the Tribune.
What does she want?
You.
Hello, Anne.
You're working late.
I thought the Tribune was
almost out of business.
I need your comment on something, Eli.
Wow, you're sounding serious.
I am serious.
Tomorrow by 3:00,
or we run with it on the Web site.
Run with what?
You'll find out tomorrow.
Hey.
Give me a category, at least.
A video.
All right, three different online reviews
mentioned a sound at a minute, 23.
Wait, in... in my arrangement?
No, Drama Camp's.
But not in the version they
eventually sold on iTunes.
They had to deliver earlier tracks
to the Swedish iTunes.
- Why?
- It's a big market.
This is the version they had up
in Sweden before they could change it.
♪ Nothing but a tricky trick ♪
♪ Thicky thick tricky trick... ♪
What are we listening for?
Uh, it's at a minute, 23.
♪ Thicky thick tricky trick ♪
♪ She a thicky thick ♪
♪ Tricky trick... ♪
(bowling pins clatter, song continues)
What? I don't get it.
Well, it's on the bass track.
Listen.
(song rewinding)
♪ Thicky thick tricky trick... ♪
(bowling pins clatter, song continues)
Uh, I don't get it.
That's... balls.
Balls, b... it's bowl... bowling,
it's like... oh, my
God, it's bowling balls.
We recorded it at Murray's work.
And before they could rerecord the tracks,
Drama Camp's engineers just recycled yours.
That's theft. I mean, I don't care
what anyone says, that's theft.
That's like breaking-into-my-house...
and... and-stealing-my-stuff kind of theft.
You are awesome!
- (Robyn laughs)
- Awesome!
(engine idling)
(siren wailing)
(indistinct radio transmission)
License and registration.
What did I do wrong?
You didn't return my calls.
I think it's best we just cool it.
Why?
I don't know if I like you.
You like me.
I don't like how much you talk.
So this is about Damian.
This about him or me, or...?
Can I go now?
Yeah, you can go.
Look, I just don't like
losing friends, okay?
I mean, lovers I don't mind,
but friends?
They come through.
So don't make this about him or me.
Drive safely.
Yeah.
♪ She ain't nothing
but a tricky trick ♪
♪ Thicky thick tricky trick ♪
♪ She a thicky thick tricky trick ♪
♪ Thicky thick ♪
- ♪ Tricky trick... ♪
- I am getting so sick of this song.
Here it comes.
- (bowling pins clatter)
- You ready?
Did you hear that?
Those are bowling balls hitting pins.
And you can see it right
there and right there.
There's my version of the song.
You see? Right there, that's my version,
and that is Tiller's.
Bowling ball and bowling ball.
They're the same.
- It doesn't mean anything.
- It doesn't mean...
That's our song, he stole our song.
We have the derivative copyright.
Doesn't give you the right to steal.
They stole Rowby's actual track.
Then they recorded their own
before putting it in the
domestic iTunes store.
That is theft.
Actual theft.
Prove it in court.
Sure.
But before you do something
to satisfy your ego,
I'd check with my client first.
I'll handle my client, you handle yours.
Ours.
You got your hand caught in
the cookie jar, Mr. Preston.
You can't pretend the
cookie jar doesn't exist.
May I speak to you for a second,
Mr. Gardner?
I th... I think we just won.
(laughs)
Well, there's a first for everything.
This feels incredible!
I could... I could
definitely get used to this.
- Oh, you did it!
- (squeals)
Oh, my God, you're amazing.
Eli Gold, what a pleasure.
Why do I feel like I'm
about to be devoured?
I have no idea.
What's happening, Anne?
I'm looking for a comment, Eli.
- On...?
- An anonymous tip
that was sent to my office.
You want me to comment on an anonymous tip?
That's an old reporter's trick.
Throw any random aspersions
on the candidate, then get me to deny it
so you can use the denial as the story.
Well, this one was sent
with a surveillance video.
Anne, you know how unreliable
surveillance videos are.
(Anne sighs)
Now, the tip says,
"Here's evidence of Peter Florrick
stealing an election.
Happy hunting."
Any comment?
Eli...
I thought about what
you said about privacy,
and I want you to know
that I... I approached the father,
and he said he'd be
willing to come forward.
I want you to meet Peter.
Hi. Peter Bogdanovich.
He was in town directing a movie,
and we just...
- well.
- Yeah.
Marilyn was trying to protect me,
but I'm fine if you need me to go public.
Eli?
Isn't that good of him?
This is good news.