STIPULATED INJUNCTION AND ORDER THEREON

JEFFREY S. WHITE, District Judge.

Plaintiff Steven Ames Brown ("Brown"), Plaintiff the Estate of Nina Simone, and Third-Party Defendant Orchard Enterprises NY, Inc. ("Orchard"), by and through their attorneys, stipulate that the Court may enter the following stipulated injunction in the above captioned matter:

1. For a period of ten years after December 11, 2015, Orchard agrees that Orchard, any subsidiary of Orchard, and/or any person, firm or entity over which Orchard has any right to direct or control its activities shall not engage in the exploitation of any recorded performances of Nina Simone, except as provided for below.

2. Orchard may distribute or otherwise exploit recorded performances of Nina Simone the rights to which were acquired by Orchard or Orchard's distributed label under a written agreement with a division of Universal Music Group, Warner Music Group, BMG Rights, Sony Music, their successors-in-interest, or a licensee of one of these entities.

3. Orchard may also distribute or otherwise exploit recorded performances of Nina Simone the rights to which were acquired by Orchard or Orchard's distributed label under a written agreement with the Simone Estate or its successors-in-interest.

4. In the event that Brown or the Simon Estate believes that Orchard is distributing or otherwise exploiting recorded performances of Nina Simone other than as allowed for above, they shall provide Orchard with written notice by sending an email to claimsadmin@theorchard.com with the subject line "Nina Simone — Case No. CV 08-02348 JSW" or such email address as provided by Orchard. Orchard shall thereafter have 30 days to either issue take down notices to all digital service providers ("DSPs") or provide the complaining party with information to establish that the distribution by those DSPs is compliant with this stipulation.

IT IS SO STIPULATED.

IT IS SO ORDERED.