May 1st, 1988

James Damiano's second copyright with the Library of Congress was registered on May lest, 1988. Registration # PAU 1-103-561. The last song on side B contained a song that would later be analyzed and compared to a song released by Bob Dylan titled "Dignity".

A copy of Plaintiff's 1988 copyright is displayed below.


The time came when Mr. Tiller called me and asked me if I would like tickets to a Bob Dylan concert at Jones Beach Theater in Long Island stating to me that I should bring my songs and to see if I could give them to Bob Dylan. I accepted the invitation and went to the concert.

After I recorded the material at Broccoli Rabe studios everyone who heard the music thought that it should be on the radio. Also included on the tape was fast tempo recording of "Steel Guitars" (also identified as "Dignity" on James Damiano's 1982 copyright registration) which was compared to Bob Dylan's released version of "Dignity" in the analysis.

When nothing happened with the music I decided to move back to Charlotte.

I discussed it with Tony ( Tiller) and I could see he was uncomfortable with the idea. I had stopped giving material to CBS.

I was upset with the fact that CBS was not doing anything with the recorded materials I had just finished.

I drove to Charlotte, found a home and bought it. Came back up New Jersey to prepare to move in a few months.

Tony knew I was serious about moving back south when one day he called me and said to me that he had to tickets for a Bob Dylan concert a Jones Beach Theater in Long Island New York.. This conversation was on or about June 15th, 1988. He offered the tickets to me and said "Maybe you could bring some songs with you.

I thought that was an interesting statement and as I was listening to Tony talk trying to keep focused on his words, his previous words kept ringing in my head "Maybe you could bring some songs with you."

I was working long hours at the time and had to be at work the following morning. I asked Tony if he knew where Jones Beach was and he replied "no."

I wasn't sure where Jones Beach was but I knew it was pretty far. I tried to calculate how long it would take me to drive to the concert, watch the concert, do what ever was going to happen after the concert then drive back home and get enough rest to be able to get up the following morning for work without being dead tired .

I had no idea what day the concert was. Tony told me July 1st however I couldn't see a calendar from where I was sitting. I remember thinking to myself I hope it's on a Saturday night because I could sleep late Sunday morning. Unfortunately it was a Friday night. When Tony replied "Oh wait a minute here it is, the day is a on the ticket, it's on a Friday night". I suddenly had to reply to his remark about Friday night and had to stopped thinking about the statement he made about bringing some songs.

As the conversation progressed I was strongly staring to suspect that I was going to get to meet Dylan that night.. His words kept on ringing in my head "maybe you could bring some songs with you " and realized that his words were chosen very carefully.

Tony was also being very evasive, nervous, talking a bit faster that his normal self. He knew I was excited about the statement he made to me but he didn't want to talk about it. I was in a dilemma. I couldn't talk about it yet I wanted to badly.

I reiterated how tired I would be the next day hoping he would offer more information but he said nothing pertinent to the situation at hand.

I took a different tact and said 'It's a long ride but if I'm going to get backstage to give Dylan the songs it'll be worth it. Tony said nothing and just listened.

I asked him what was going to happen when I got there he said "I don't know>" I was trying to get an idea of what to expect so I said "Will I get to meet Dylan if I go?" Tony replied "Ummm" as if he was thinking.

I waited a while for a response then said "Will I get back stage?" Tony replied "Do you want to try? I then realized that some thing had been arranged just by the way he was choosing his words.

I could tell how uncomfortable he was with my questioning him. The conversation however continued on for a while when Tony told me to come to his office to pick up the tickets.

I went to get the tickets from Tiller and went back home

In a sworn deposition when questioned by Plaintiff's attorney Steven M. Kramer, Tony Tiller testified below: [Tiller deposition page 64 paragraph 6 through par. 15]

By Steven M. Kramer - ...but if you could try to focus on my question, you will have every opportunity, I'm sure from your skilled counsel to bring out whatever you and he want to bring out.

By Tony Tiller - I will try, but if I can just say one thing, that my relationship with Jim was a friend. Jim and I - - I considered Jim a very good friend. For my friends I do whatever I can.

Tony Tiller deposition [page 54 para. 20 through page 55 paragraph 14]

By Steven M. Kramer - Let's go back to the Jones Beach concert, if I may, to the time you offered the tickets to Mr. Damiano, before the concert actually took place.. During that point in time when you offered the tickets to him and before he actually went to the concert, did you ever say to him or suggest to him that maybe he should bring some of his songs with him?

By Tony Tiller - No I did not.

By Steven M. Kramer - Any - - all right. Do you deny saying that or is that you just don't recall one way or the other?

By Tony Tiller - I deny suggesting to Jim that he bring songs along with him. I did, however, concur with him when he asked me , do you think I should bring my songs with me. I said sure why not, it can't hurt.

Tony Tiller deposition at [page 41 paragraph 4 through paragraph22]

By Steven M. Kramer - Did he tell you he went to the concert?

By Tony Tiller - Yes he did.

By Steven M. Kramer - Did he tell you that he went backstage?

By Tony Tiller - Yes, he did.

By Steven M. Kramer - Did he tell you of what his experience was when he went backstage?

By Tony Tiller - Yes, he did, and I expressed some surprise that he even got backstage.

By Steven M. Kramer - Wait. You may want to say something, Mr. Tiller, and you have learned counsel on the other side that will afford you that opportunity if you feel you need it, but I would appreciate it and this will go a lot quicker if you just restrict your answers to my questions, sir. If I could ask you to do that.

By Steven M. Kramer- - Tell me why you expressed surprise to him, that he had gotten backstage at the Jones Beach July 1, 1988 concert.

By Tony Tiller - Because from what I heard of backstage. I had never been backstage myself and I would not have any way of getting backstage. I was rather surprised that he, as he described it, could just, if you will waltz right backstage.

Compare Mr. Tiller's testimony :Next update

July, 1st, 1988

On July 1st, 1988 my wife and I drove to the concert. Tony's instruction were to go to the back stage entrance after the concert. So when I got there I said to my wife let's find the entrance to the back stage so we know where to go after the show.

After we found the entrance to back stage we found our seats. The concert was sold out. The Alarm was playing. We were the only two people in our row although there were not any other vacant seats anywhere else in the amphitheater.

We watched the show. After the show we proceeded to the back stage entrance. There was a guard standing near the gate and the gate had a pad lock that was locked on it. I went up to the guard and to bring these songs to Dylan as I held up the package.

The guard who I was no more than three and a half feet away from did not acknowledge one word I said and just stared at me.

Pam (my wife) and I stood there wondering what was suppose to happen now. Tony's words kept on ringing in my head "Maybe you could bring some songs, go to the back stage entrance"

We waited a while longer and started to see people walking down a long path coming from the backstage area.

Pam started getting impatient and started saying to me "let's go this is crazy."

I told her to wait. We waited a little while longer when she said it again "Let's go". I said "No let's wait."

The guard heard Pam saying "let's go". A couple minutes later a tour bus started driving out from back stage. That was it for Pam and she adamantly stated "Come on let's go home.

I looked at the guard and asked him "Is that Dylan's bus?" He then decided to talk and said "No it's the opening acts bus, the Alarm."

A few minutes after the guard's statement about the bus It started to rain. Pam said "let's go home" I said "No" and Pam said "Well then at least let's go the umbrella in the car." I said "OK" and we started to walk toward the car. We took a couple steps and I looked back one last time and saw the guard unlock the gate to the back stage area.

I put the envelope of songs under my jacket and said to Pam that the guard just unlocked the gate. Pam said "So what, I don't care, let's go, this is ridiculous." I said "No let's go back stage." She said "No" again. I turned around and started walking back toward the gate and Pam followed me. "

The guard obviously saw us walk through the gate. As we were walking down the path the guard who was now in his blazer with security lights on it was backing up very slowly watching us walk down the path to back stage.

We saw another fence in the distance. When we approached it we saw that it was open. We walked through the second gate and saw a platform. I sat down and asked Pam to watch out for Dylan. I started going through the songs to be sure I had what I thought were the best on top of the pile.

As I started going through them I stopped and said to Pam "Make sure you look out for Bob" A few minutes later a man came out from a door that led to back stage. Walked passed Pam came over to me looked down at my face. I stopped and looked up at his. He then walked back past Pam and back into the door he came out of.

A few minutes later a group of people came out. I didn't even look up. I was almost positive it would take Dylan much longer to come out but I was wrong.

I heard Pam say something. I was still going through the songs. I asked her what she said. She replied "There's Bob" I looked up and saw Dylan with his foot on the bottom step of the bus almost ready to get on.

I stood up and froze staring Dylan in the eyes. I was a few feet from the back of the bus. Dylan was at the door to the bus. We were maybe thirty feet away from each other. I waited for him to make a move. He started walking toward me and I toward him.

All the people who came out of the door with Dylan were now gathered around us and watching this take place..

When I was within arms reach I held out the envelope of songs to him and tried to say "Tony Tiller told me to bring you these songs " However the only words I had time to say were "Tony Tiller."

No sooner than me saying to Dylan "Tony Tiller", did the big man who initially came out from the back stage door, swing his hand down and said "hold it.' I looked up at him. He asked me," Who told you to bring these songs" but before I could answer, this same man pointed at a man to my left, and said "Give them to him". Ironically, no sooner did the man say "Give them to him" did the man to my left grab the envelope and rudely started pulling on it. I looked him square in the eyes and wouldn't let go. We both pulled for a couple seconds when the man stopped pulling and politely said "I'm sorry who told you to bring these songs. I replied "Tony Tiller at CBS Records." and let go.

I immediately looked back at Dylan. Dylan nodded to me, turned around and walked back to the bus everyone else followed. The door shut and the bus drove away.

Produced in this litigation were copies of the ticket stubs to the Bob Dylan Jones Beach concert

Pamela Damiano testified to under oath in a video tape deposition. Questions asked by Orin Snyder (Bob Dylan's attorney). Pamela Damiano - Deposition - Pages 80 -82


23 Q. Now I have some documents that I

24 would like to show you. Before I show you the

25 documents, why don't you tell us what happened

80


1 P. Damiano

2 after the concert, as best as you can recall, on

3 July 1, 1988?

4 A. Right.

5 Q. At Jones Beach?

6 A. Right, okay, we -- the concert

7 finished. We walked outside. We walked over

8 towards a, what seemed like a gate over to the

9 side. The gate was locked. It was raining.

10 Started raining. There was a guard that came up

11 to the gate, and after that it seemed like the

12 gate had been unlocked. We walked through this

13 gate, walked down a long -- seemed like a long

14 roadway that led around to the back of the stage

15 area. When we walked back there, we were the only

16 two back there. There was a platform, like a

17 wooden platform that we sat down on and Jim

18 started to go through his various lyric pages

19 putting the best ones he felt on top, and I stood

20 there, I stood up.

21 And at that point, someone, a man

22 walked out of the back door, looked at us, looked

23 at Jim, looked at I, and then he turned around and

24 walked back in this back door, and then the door

25 opened again and a group of people walked out the


81


1 P. Damiano

2 back door, and as they started to walk, I looked

3 up and I recognized a person, Bob Dylan, and I

4 said to Jim, "There he is, there's Bob." And at

5 that time, he was up to about the first step to

6 the bus, the tour bus that they were walking to,

7 and he stopped before he got onto the bus and took

8 a step onto the bottom step, looked back at us.



9 And by that time Jim had stood up,

10 started to walk over towards him. Mr. Dylan

11 started to walk back, and another person walked in

12 between the two of them and put down his hand, his

13 arm, and then it seemed like, I couldn't hear

14 exactly what was being said, but it seemed like

15 someone said, you know, what are you doing here or

16 what is this, and Jim handed the book, started to

17 hand the book to him, and then someone else came

18 over and took the lyric, whether it was a book or

19 an envelope with the lyrics in it, took this

20 package and walked towards the bus along with the

21 other people, and they all got onto the bus. The

22 door closed and the bus drove away.

Orin Snyder - Backstage on July 1st ?

Pamela - Yes

Orin Snyder - You testified that you freely walked backstage, is that correct ?

Pamela - Correct

Orin Snyder - No one stopped you ?

Pamela - No one stopped us no.

Two months after the Jones Beach concert Tony Tiller called me and asked me if I had any more songs that I could give Dylan. I told him that I had some songs that were not as of yet typed up but that I could copy some of them real fast by hand if I had to. Tony then told me that Dylan was playing at Waterloo Village in Byram, New Jersey and that if I wanted to go to the concert that he would get me tickets. I told him that I would go since it was so close to where I was living.

After asking me how many tickets I wanted Tony told me that he would call me back to let me know where to pick up the tickets. I called a friend of mine Brad Wright and asked him if he wanted to go. He told me that he was going to go anyway and that he had tickets for he and his girlfriend Sandy. Brad told me that he would drive over to my apartment, and we would all go together. When Brad and Sandy arrived I was on the phone with Tony. Tony told me to go to the will call window where there would be four complimentary tickets.

Brad, Sandy, Pam, and I drove to the concert and picked up the tickets. The seats were seven rows back on the center isle. After the concert we followed Tony Tillers instructions to go backstage. The following transcript is what Brad Wright testified to in his deposition and under oath. Deposed by Orin Snyder, Bob Dylan's attorney Brad testified the following:


August 5th, 1988

I received a letter from Bob Dylan's publisher stating:

We are sorry to inform you that we are no longer accepting songs for review. Enclosed please find the return of your material. Sincerely, Bob Dylan office..

Produced in this litigation was a copy of the letter and the envelope, which enclosed the letter. See photo page to review a copy of this letter.


See Motion Link at:

http://www.geocities.com/proposal112000/James_Damiano.html