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Few artists can lay claim to the controversy that has surrounded the career of songwriter, James Damiano. Twenty-two years ago James Damiano began an odyssey that led him into a legal maelstrom with Bob Dylan that has become a paramount signature of what has become of the United States Judicial System.
As the curtain rises on the stage of deceit, we learn that CBS, used songs and lyrics, for international recording artist Bob Dylan. Bob Dylan's name is credited to the songs. One of those songs is nominated for a Grammy.Ironically the title of that song is "Dignity"
Since auditioning for the legendary CBS Record producer John Hammond, Sr.,who influenced the careers of music industry icons Billy Holiday, Bob Dylan,Pete Seger, Bruce Springsteen and Stevie Ray Vaughan, James has engaged in a multi-million dollar copyright infringement lawsuit with Bob Dylan.
http://www.jamesdamiano.yolasite.com/
To our knowledge there has been only one article written about this suit and released by the press. The article was written by Larry Hicks and published in New Jersey's Morris County "Daily Record" on October 3, 1995, when the headline "Mount Olive composer sues Bob Dylan" appeared on the front page.
Patricia Keil a spokeswoman for Sony commented on the allegations "We don't normally comment on pending litigation but we know Bob Dylan wrote all of these songs."
It is now six and a half years later and we have this to say:
After thirty-five hours of video taped depositions, and after three and a half million dollars have been spent on this litigation, defendants Sony Music and or Bob Dylan still to this date September 18th 2002, have never filed a counter, slander or libel suit against Damiano.
Defendants have been aware of James Damiano's public statements made against Bob Dylan for over ten years..
Defendants also refuse to answer, deny or refute material questions regarding Bob Dylan's solicitation of Damiano's songs and music.
In 1979, James Damiano met Mikie Harris. Mikie introduced James to the legendary CBS Record producer John Hammond Sr. James eventually auditioned for Mr. Hammond with an acoustic guitar.
This is a story of music industry corruption and intrigue, of the "little guy's" daunting struggle against big business and a legal system that not
only failed to work for justice and fair play, but also allowed itself to be manipulated for unprecedented vengeance.
In an unbelievable, but true story, we relive Damiano's seductive times with top, music industry artists and agents. In a chilling chapter of this saga James meets the highly acclaimed and legendary bass player Jaco Pastorius. Jaco takes a liking and personal interest in James and his music.
Eventually James moved into Jaco's apartment on Jones Street in Greenwich village where and Paul Butterfield came to stay for a while.
We watch as James intrigues the industry with some of the hottest Rock and Roll tracks ever to be recorded as Jaco coaches .
After his twenty-five year rise to the top we then suffer with James at the malicious indifference and arrogant abuse of top industry officials.
Finally we rise with him to fight back in a court system covertly manipulated by powerfully sinister forces yet James, in the course of the lawsuit establishes "access" through the courts ruling.
Judge Simandle ruled in his December 1995 opinion "Plaintiff has demonstrated a genuine issue of material fact as to whether defendants had access to his work."
Judge Simandle also ruled "This court will accept as true, Plaintiff's allegation that Sony represented to him that he would be credited and compensated for his work if Dylan used it."
Even motive for the basis of the lawsuit is established through a 1988 Associated Press article by Kathryn Baker who interviewed Bob Dylan. Ms. Baker writes " he didn't have enough material of his own for an album."
Ms. Baker was deposed however her testimony remains confidential information
That is only available to the court and not to the general public. Bob Dylan filed a motion for all discovery materials to be designated as confidential and was granted the request by Federal Magistrate Judge, The Honorable Judge Joel B. Rosen.
Bob Dylan's publicist Elliot Mintz who had been soliciting James Damiano's music for years is present at the Dylan Baker interview. Mr. Mintz reviewed the article for accuracy before it was submitted to the Associated Press for final release.
In other words Elliot Mintz who solicited James Damiano's songs was well aware that Bob Dylan (in Ms. Bakers words) did not have enough songs.
During the course of the investigation Damiano stumbles upon some interesting facts, all of which support his claims. He learns that the melody line for Knocking, On Heaven Door" is almost an exact clone of Neil Young's song "Helpless."
"Knocking of Heavens Door" is released years after "Helpless" was played on the radio.
Again learning that yet another Dylan song "Shelter From The Storm" seems to be another exact melodic clone Foggerty's "Down Around The Corner" which was released before "Shelter From The Storm"
CONFLICT OF INTEREST
Damiano learns of allegations that, Steven M. Kramer (the attorney who represented him in this lawsuit ) was previously employed by Parcher Hayes & Snyder.
Parcher & Hayes is the same firm who represented Bob Dylan in this lawsuit.
Judge Jerome B. Simandle ruled:
"Indeed as Defendants themselves profess, plaintiff may exercise his first amendment right to speak about his claims with whomever he so desires, he is only prohibited from exploiting the discovery materials obtained during the course of this litigation for publicity, profit or collateral gain.".
"Finally, the limited nature of the 1996 protective orders does not preclude Damiano from publishing his own version of reality to whomever he chooses,
so long as the materials and testimony that came to Damiano under the discovery process in this case are not themselves disclosed."
James has been associated with the most influential entertainment industry producers, all of his songwriting career. Besides working with John Hammond Sr. James is the brother-in-law of Richard Frankel a two-time Pulitzer prize winner and the producer of many award winning Broadway plays including "The Producers."
"The Producers" made history after winning twelve Toni awards, one more Toni than "Hello Dolly."
James has contacted Ben Elliot, Grammy Award winning music producer/engineer for Keith Richards, Eric Clapton, etc. to produce the his next album.
Based upon his factual experiences documented in the account "11 Years" and leading up to his eventual copyright infringement suit with Bob Dylan, Sony Music and CBS Records this issue becomes not only the most compelling stories of generations and the rock and roll genre but it also becomes a paramount signature of what has become of the United States Judicial System.
Damiano has Dylan beat at every stage of the game, from Dylan not being able to deny the allegations of Dylan's solicitation of Damiano's songs, to motive and finally to the credentials of the music experts.
Damiano's musicologist graduated Magna Cum Laude from Harvard.
This E-mail was sent to James Damiano from an extremely prominent intellectual property attorney
RE: James Damiano Vs. Bob Dylan CV 0547 (JBS)
James
Thanks for the disclaimer. I think in general, all you need to show for Copyright infringement is access and substantial similarity. To avoid summary judgment against you, the plaintiff, there would have to be some dispute as to any material fact.
In your case, it would seem that all material facts are in dispute and no judge should grant summary judgment in favor of Dylan. Further, the moving party has the initial burden of proving that no genuine issue of material fact exist.
So, yeah, it seems like there are a thousand facts in dispute in your case and were I a judge, I'd never award summary judgment in favor of the other side.
MOTION FOR ADMISSIONS FRCP rule 36 Federal Rules of Civil Procedure Rule 36
The facts expressed within this motion will be conclusively deemed as truth within 30 days of August 3, 2000, should they be left disproved by Defendants Bob Dylan and or Sony Music Entertainment Inc. or by any other party involved
or not involved in this matter as, pursuant to FRCP rule 36. At such time said admissions and facts expressed within this motion will be deemed as truth, entered upon the record of this court and docketed with the clerk.
The fact issues expressed within this motion concerning Defendants eleven year association with Plaintiff and all fact issues expressed within this motion concerning defendant Bob Dylan's solicitation of Plaintiff James Damiano's songs, will be deemed admitted and acknowledged as truth after thirty days unless defendants deny and contest the forgoing with specificity, pursuant to
FRCP rule 36.
EXECUTED ON THIS _______ DAY OF ____________________YEAR OF 2002 IN
James Damiano ____________________________________
DECLARATION OF JAMES DAMIANO #1
James Damiano pursuant to U.S.C. Section 1746, declares under penalty of perjury that:
1. The materials facts contained within this motion conclusively, refute this courts decision to enter summary judgment in favor of defendant Bob Dylan as
pursuant to Rule 56 ( c ) of the Federal Rules of Civil Procedure.
2. In all major decisions of this litigation, this court continuously chose to honor the opinion of Bob Dylan's counsel Orin Snyder as opposed to plaintiff Damiano's true material facts.
3. This motion is based on part, and in light of that all decisions made by this Court in favor of Bob Dylan, were based on the opinion of Bob Dylan's attorney Orin Snyder and that these opinions were held as truth over plaintiff's true material facts, which conclusively reveal the opposite of Judge Simandle's findings.
DECLARATION OF JAMES DAMIANO #2 .
James Damiano pursuant to U.S.C. Section 1746, declares under penalty of
perjury that:
1. No unbiased facts, no unbiased evidence or no unbiased testimony exists to support Judge Jerome B. Simandle's decision to dismiss Plaintiff James
Damiano's lawsuit against Bob Dylan for copyright infringement case Number CV 95- 4795 (JBS).
2. The United States District Court District of New Jersey has disregarded eleven years of material facts regarding Bob Dylan's solicitation of James
Damiano's songs and has granted summary judgment dismissing all counts of this lawsuit to Defendant Bob Dylan in violation of Fed. R. Civ. P. 56(c).
3. That all statements contained in this motion are true and correct.
Motion: Links
http://www.jamesdamiano.yolasite.com/
No artist can lay claim to the controversy that has surrounded the career of songwriter James Damiano. Thirty two years ago James Damiano began an odyssey that led him into a legal maelstrom with Bob Dylan that, to this day, fascinates the greatest of intellectual minds.
Since auditioning for the legendary CBS Record producer John Hammond, Sr., who influenced the careers of music industry icons Charlie Christian, Billy Holiday, Bob Dylan, Pete Seger, Bruce Springsteen and Stevie Ray Vaughan , James has engaged in a half a billion dollar copyright infringement law suit with Bob Dylan.
As the curtain rises on the stage of deceit we learn that CBS / Sony international recording artist, Bob Dylan not only used songs and lyrics written by James Damiano but also solicited Mr. Damiano's materials for a period of over ten years and eleven months.
As per Judicial filings Bob Dylan's name is credited to the songs. One of those songs is nominated for a Grammy as the best rock song of the year. Ironically the title of that song is Dignity.
http://www.jamesdamiano.yolasite.com/
