Jake Holmes finally does it - lawsuit over "Dazed & Confused"

Discussion in 'Music Corner' started by swandown, Jun 29, 2010.

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  1. dkmonroe

    dkmonroe A completely self-taught idiot

    Location:
    Atlanta
    I agree - no apology needed. The story has been public knowledge for at least 30 years now (it was probably lesser known in the 70's). This is between him and Holmes.
     
  2. Guy E

    Guy E Senior Member

    Location:
    Antalya, Turkey
    I'm being a bit facetious in all of this, but I'm suggesting that he should apologize for the deception. He's lied to his fans for 42-years. Most fans have no idea who Jake Holmes is... I only heard his name a few years ago and I'm into this stuff.

    I think Zep have the greatest number of eggregious copywrite thefts of any major band... that doesn't mean I don't like them. Of course it's nothing compared to the flim-flam that Duke Records owner Don Robey perpetrated with his nom de plume Deadric Malone. God knows who actually wrote all those blues classics.
     
  3. And so should 97% of all blues artists throughout the history of the genre. They all "borrow" from those that came before them.
     
  4. eddiel

    eddiel Senior Member

    Location:
    Toronto, Canada
    I think he might be in trouble due to the length of time but you know how it is with the law - you can always make an argument against or for something. It'll settle. Even if the statute of limitations has passed I doubt anyone wants a court case.

    I'm not 100% sure but I don't think no win no fee is allowable in the UK.


    Eddie
     
  5. These are the items affected: US units sold

    Led Zeppelin DVD (2003) 10 million units
    BBC Sessions (1997) 2 million units
    How The West Was Won (2003) 1 million units
    Mothership (2007) 2 million units
    The Song Remins The Same (2007) 4 million

    not listed in court brief:

    Early Days (1999) 2 million
     
  6. acdc7369

    acdc7369 Forum Resident

    Location:
    United States
    Yep. whatever Jimmy Page wants, Jimmy Page gets.
     
  7. kunstwork

    kunstwork Forum Resident

    Location:
    Los Angeles, CA
    zphage--according to case law, Holmes may only collect for injuries accruing within the past three years. So any sales or licenses since June 2007 are in the potential pool of recovery, but nothing before.
    Definitely waited too long for the big pay day, but will probably get paid nonetheless.
     
  8. eddiel

    eddiel Senior Member

    Location:
    Toronto, Canada
    Is that US or world wide?

    I wonder how the copyright works. If he registered it in the UK then non-UK sales don't count do they? Just curious.

    Eddie
     
  9. kunstwork

    kunstwork Forum Resident

    Location:
    Los Angeles, CA
    And the lawyers should have filed in NY, much better judges and much more friendly laws.
     
  10. Holmes lives in New York City, so why did they file in California?
     
  11. swandown

    swandown Under Assistant West Coast Forum Resident Thread Starter

    Location:
    Portland, OR
    I wonder if it was filed in L.A. because Superhype Publishing and Rhino Records (two of the co-defendants) both have California mailing addresses?
     
  12. jdlaw

    jdlaw Forum Resident

    Location:
    Michigan
    :shh: You wouldn't want facts like that to get in the way of people's jealous Page bashing, would you?
     
  13. mrlefty

    mrlefty Forum Resident

    Location:
    Coleman, TX
    All this discussion, and no audio files... let's hear this Jake Holmes version...
     
  14. jdlaw

    jdlaw Forum Resident

    Location:
    Michigan
    :rolleyes:

    Oh no, I was hoodwinked! I'll live.
     
  15. Matthew B.

    Matthew B. Scream Quietly

    Location:
    Tokyo, Japan
  16. Would there a strategy in play by listing items older than 3 years?
     
  17. How long was it before Gary Brooker was sued over "A Whiter Shade of Pale"?
     
  18. swandown

    swandown Under Assistant West Coast Forum Resident Thread Starter

    Location:
    Portland, OR
    Matthew Fisher filed his lawsuit in 2005 and was eventually awarded 40% of royalties from 2005 onward.

    It should be noted that Fisher's case is quite different from Holmes' case in 2 ways:

    1. Fisher did not copyright his composition originally.

    and

    2. Fisher filed suit in the UK.

    I don't know if that made it easier or harder for Fisher to win his case, though. It seems like Fisher had a tougher road, since he first had to prove that he co-wrote the song in the first place. (Holmes does not have that burden.)
     
  19. gd0

    gd0 Looney Tunes and Merrie Melodies

    Location:
    Golden Gate
    Funny.

    Even funnier is the cadre of online opiners who are intent on Bringing Jimmy Page To His Knees. With public apologies, yet. Smells more like the opiners would like to be publicly acknowledged and congratulated.

    Even the most casual Zep fan knows the story.

    Anyway...

    No question DAC is easily 50% JH, and 50% Zep treatment. Holmes should get a cut, but for whatever reason, missed the boat by not pursuing his credit at least around the time the Dixon estate did, when it was publicized.

    This is JH's problem, not the opiners.

    If it's their intent to elevate JH's status as a musician, they're gonna need a lot more than one nicked tune to make the case. DAC in its raw blues-folk form is decent enough, but there isn't much more in that catalog that I'd think of as remotely interesting. But then again, with the right marketing – "New! From the REAL creator of DAC! Buy now!"

    Settle quietly out of court, then we can go back to whatever we were doing before.

    Public apology... :laughup:
     
  20. dlokazip

    dlokazip Forum Transient

    Location:
    Austin, TX, USA
    I agree. A public apology is just silly and who really cares anyway?

    This is about money. Jake Holmes is an old man and he would like beef up his bank account, thank you very much. Mr. Page has not been hurting for money since 1969.

    He wrote the song. Let the man have his cut.
     
  21. David Powell

    David Powell Well-Known Member

    Location:
    Atlanta, Ga.
    As I recall, Johnnie Johnson's lawsuit seeking a share of royalties from several Chuck Berry songs was dismissed by a U.S. Federal judge because it was filed beyond the statute of limitations specified under the copyright law.
     
  22. mrlefty

    mrlefty Forum Resident

    Location:
    Coleman, TX
    I think Mr Holmes timed his lawsuit pretty well.

    "Mothership" came out less than three years ago, and has sold well worldwide, double platinum in the US. Some versions not only have the song, but a DVD performance on a bonus disc.

    "The Song Remains The Same" was re-released less than three years ago on Blu-ray and DVD, along with a re-release of the soundtrack album. I bought the Blu-ray, and I know I'm not alone.

    I imagine royalties from radio stations and cover band performances have been lucrative as well.

    "Dazed and Confused" has been featured on at least one tribute album in the last three years - pocket change compared to the other stuff, but still.

    Also, the O2 reunion show was less than 3 years ago. That was a charity event, but maybe Jake Holmes will try to get a piece of that action as well.
     
  23. eddiel

    eddiel Senior Member

    Location:
    Toronto, Canada
    Well he co-wrote the song but yeah the guy deserves some money here. Pretty simple.

    Eddie
     
  24. steveharris

    steveharris Senior Member

    Location:
    Mass
    Maybe Jimmy should just team up with jake H. and do something bigger and better together!:laugh:
     
  25. Paul W

    Paul W Senior Member

    That didn't work for Gary Brooker when sued by Matthew Fisher.
     
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