"Bob Dylan's Stealing of James Damiano's Songs"

Bob Dylan Multimillion Dollar Plagiarism Law Suit Censored By Mainstream Media

Attorney Wanted to file Plagiarism Lawsuit and or Motion for Default Against Bob Dylan

All discovery complete except for Bob Dylan's deposition

James Damiano vs. Bob Dylan

Plagiarism

James Damiano

&

The Freedom of Speech Band

James Damiano subpoenaed Bob Dylan for his November 11th 1999 hearing and Bob Dylan never appeared in court.

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

JAMES DAMIANO VS.BOB DYLAN. ET AL

NOTICE TO APPEAR

Please take notice that plaintiff, James Damiano shall subpoena Bob Dylan on
November 11, 1999 at 1:30 PM, at One John F Gerry Plaza, Camden New
Jersey, 08010 to testify in the above case.Subpoena attached. James
Damiano___________Dated 11/11/ 99CERTIFICATE OF SERVICE

James Damiano certifies that he served the foregoing notice to appear to
Steven D. Johnson counsel for Bob Dylan.James
Damiano____________________________

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

JAMES DAMIANO,Plaintiff C 95-4795 (JBS)

against

SONY MUSIC ENTERTAINMENT INC

and BOB DYLAN Defendants PLAINTIFF'S

DATED 10/17/2002

Bob Dylan Retains Same Law Firm as George W. Bush in a Fifteen Year Plagiarism Law Suit. Also suppresses Plaintiff’s First Amendment Rights acquiring a protective order designating all video taped depositions that are incriminating to Dylan confidential

Bob Dylan & his law firm acquired a confidentiality order in a fifteen year plagiarism law suit designating all discovery materials including fifty hours of incriminating video taped depositions as confidential suppressing Plaintiff James Damiano’s first amendment rights to warn the public of Judicial favoritism and corruption.

Camden NJ June 2, 2009 -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, to this day, fascinates the greatest of intellectual minds.

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 as best rock song of the year. Ironically the title of that song is Dignity.

In the middle of midnight
She's coming around
I'm dressed in my best threads
Gonna take on this town
In the middle of midnight
I've got what it takes
To find out what the truth is
Make fools of all the fakes
In the middle of midnight
Her clothes caught my eye
I'd be willing to bet
I'd be willing to lie
In the middle of midnight
Could have sworn
I heard her cry
In the middle of midnight
This ain't no one last try

James Damiano

 James Damiano worked with Bob Dylan and Dylan’s organization from 79 to 92. Best known for the melody line and lyrical hook of Bob Dylan’s Grammy nominated “Dignity”.

In 1979 James originally from Freehold New Jersey drew the attention of the renowned CBS record producer John Hammond Sr. discoverer of , Duke Ellington, Areatha Franklin, George Benson, Count Basie, Bob Dylan, Stevie Ray Vaughan, Pete Seeger, Charlie Christian, Billy Holiday and Bruce Springsteen. Mr. Hammond's only tenured assistant at CBS / Sony was a lady named Mikie Harris.

In the early 80's James auditioned for Mr. Hammond. The song below was given to Mr. Hammond to read at the audition, It was titled "Dignity".

"Dignity"

I've got a plush A frame

Overlooking the Ocean

With a fireplace to

keep us warm

When it's cold

Cathedral ceilings

District Judge Jerome B. Simandle states in his decision “This court will accept as true Plaintiff’s allegations that Sony represented to him that he would be credited and compensated for his work if Dylan used it. Judge Simandle also stated in his decision “Plaintiff has demonstrated a genuine issue of material fact as to whether defendants had access to his work.

Joni Mitchel Labels Bob Dylan a Plagiarist in article link below

http://jamesdamiano.yolasite.com/joni-mitchell-names-bob-dylan-as-a-plagiarist.php

Throughout the 80’s James continued working and recording with band members Jimmy and Joey Voltaggio under the name “The Words”.

Jimmy Voltaggio, after a night of hanging out with Jaco Pastorius

"Where Are You Jesus"

Damiano’s first recording was a live studio cut with James on acoustic, Jimmy Voltaggio on electric guitar and Earnest Carter from The E Street Band on drums. It was titled “Where Are You Jesus”, pure and simple straight up rock and roll. Voltaggio’s riffs where electrifying and Earnest Carter’s drumming was relentless.

Earnest Carter

The song stood out musically for it’s immense hard driving intensity. James and the band who were working with Stevie Ray Vaughan’s producer and John Hammond’s assistant Mikie Harris, believed they delivered to CBS what they were looking for.  "Where Are You Jesus"  is the soundtrack for the video below.

Mikie Harris is on the board of directors of The National Academy of Popular Music

A Christmas card sent to Jim Damiano from Mikie Harris in 1982 documents their eight and a half year relationship

Mikie and Mr. Hammond partook in the excitement with the band until Mikie decided to drop the bomb and said she “wanted to stay away from what she considered to be religious songs” even though no one who has ever heard the song ever described it as religious.

Relating to the on going moral and political issues in the world today “Where Are You Jesus” becomes stronger every second as an evident and obvious chronicle regarding the confusion and greed of the world. Tested on the ears of Jaco Pastorius, Jaco loved the song so much that he walked around The Village for three consecutive weeks fifteen hours a day with the earphones of a sony walkman plastered to his head listening to “Where Are You Jesus”

"Pain In My Heart"

 Time was of the essence, James was trying to utilize Earnest Carter’s extraordinary talents as best and as fast as he could knowing Earnest Carter left Bruce Springsteen to go with David Sancious.

Managerial and finance concerns were an issue. Carter was still up for recording and the words were trying to put the production deals together.

There was no telling where Boom (Earnest Carter) would end up. Finding a drummer like Boom was almost unheard of, he was hardly replaceable. Carter eventually ended up working with Billy Squire, Melanie, Paul Butterfield and many others…

When Cater left for LA, Damiano then recruited Ingo Marte, (John Bonham’s understudy).

Again another Damiano song stood out musically for it’s immense hard driving intensity. "Bury me in New York City" is the soundtrack for the video below.

"Dignity"

In the mid 80’s Damiano recruited Big Danny Gallagher to do dobro work on his songs. Danny brought in Mario Phillips on electric. They recorded “Steel Guitars” originally titled “dignity”

Bruce was actually living with Danny at the time he was signed to Columbia Records by John Hammond Sr.

Big Danny Gallagher and Bruce Springsteen

You can hear "Dignity " below by

http://soundcloud.com/jamesdamiano/james-damiano-steel-guitars-dignity

Other affiliataions Bob Solberg guitar (Buddy Miles of Jimi Hendrix) John Doores Sax (youngest person ever to be offered a seat on the Tommy Dorsey Orchastra) Steve Gadd (Steele Dan), Peter Hartung (Peter Hartung Band) Gary Rottger piano & keys (Frank Zappa & The Fat Boys) Brian Draigo Bass (Broccile Rabe Studios) Tim Freeman synth (Freeman Philly Records) and Jaco Pastorius.

Blackwell Street

 Link to the new CD Justice

http://jamesdamiano.yolasite.com/james-damiano-and-the-freedom-of-speech-band.php

http://billofrights111.webs.com/

--

Link to Court Docket

 http://jamesdamiano.yolasite.com/docket.php

The following music analysis was prepared by Paul Greene who graduated Magma Cum Laude From Harvard and who has a doctorate in music composition. Doctor Greene's analysis was corroborated by Sebastian Courrier from Julliard and by Bon Jovi's piano teacher Harold Frazee who attended Berkely School of Music 

New Stuff "In Memory" Collaboration with one of the most accomplished musicians in the world.

 Settlement Letter written to Bob Dylan by Robert Church Esq.

Orin Snyder, Esq.
Gibson, Dunn & Crutcher LLP
200 Park Ave., 47th Floor
New York, NY  10166-0193

Steven D. Johnson, Esq.
Gibbons P.C.
1700 Two Logan Square     
CONFIDENTIAL
18th & Arch Streets
Philadelphia, PA  19103  

                                          Re: Damiano v. Dylan & Sony

                                                Case No. 95 CV 4795  

Dear Mr. Snyder and Mr. Johnson:   

      I am representing James Damiano on matters concerning his confidentiality order.  David Foley remains local counsel.  I commend both of you for the approach you took regarding the last Motion for Contempt. While you could have asked for more sanctions previously, you and your clients instead, waived all contempt sanctions in hopes to bring Mr. Damiano into a state of compliance with the confidential order.  I think it worked.     

      I notice Mr. Damiano, despite your gracious approach, still accuses Mr. Snyder of committing “fraud” on the court in his web postings.  I’ve expressed my distaste to Mr. Damiano for these postings, but I cannot control my clients’ behavior.  The simple truth is that Mr. Damiano has yet to hear any explanation from Bob Dylan as to his intent and objectives for arranging backstage meetings with Damiano, including July 1, 1988 at Jones Beach, just a few short months before Dylan recorded Dignity.

     The Jones Beach concert, the Waterloo Village concert, the Radio City concert and the Ovens Auditorium concerts are all a matter of court record in the case. The concerts were significant.  James Damiano delivered his songs to Bob Dylan at these concerts.  The only acknowledgement from Dylan was that the songs turned up on Bob Dylan's album.   

      It is also undisputed through the record of this court that an eleven year professional association existed between Mr. Damiano and Dylan affiliates through John Hammond Sr. Mikie Harris, Tony Tiller, Mitch Berman aka Elliot Mintz, Tom Masters, Frank Rand, Don Inner, Tony Martell, Jeff Rosen, and other people in Dylan's entourage.   Out of courtesy to you and your client we have not included any of the testimony that supports these statements.  

      I’ve asked Mr. Damiano how Mr. Snyder committed fraud on the court.  He replies that Orin signed his signature to briefs stating he was “delusional” in court papers.  He is most offended by the fact that the source of his copyright claims, i.e. the above mentioned facts were never addressed or denied by Bob Dylan himself. There was no affidavit by Mr. Dylan to the court and certainly no appearance.  

     The simple truth is that Mr. Damiano has yet to hear any explanation from Bob Dylan as to his intent and objectives for arranging backstage meetings with Damiano.  Should Damiano had known then the outcome of the eleven years that he worked with CBS  and Dylan affiliates he would have pursued a ifferent career. Something more profitable.  

      I believe Damiano’s claims regarding the concerts more than ever today.  Bob Dylan made that obscure statement about Buddy Holly at the Grammy Award Ceremony in 1998.  I cannot believe anything inspired him more than Damiano’s lawsuit to speak about the time Buddy looked at him from the stage.  Damiano was ridiculed in your court papers for alleging Dylan did the very same thing to him.   

      My purpose in writing is to propose a settlement of Mr. Damiano’s ongoing copyright claim against Dignity and literary rights of publishing everything he legally can about this case.  Mr. Damiano asked me to propose a settlement figure.   

      The incidents which occurred pertaining to this law suit concerning confidentiality are a bad representation of Mr. Damiano's character.

There are still people in this world who abide by their given word come hell or high water. I know Jim to be one on them. He is a man of his word.  

I do understand his behavior and how he felt when he did his posting campaign and I can say to you now that it was out of unfairness and a desire to correct the unfairness in his story. The James Damiano Bob Dylan Story.    

      I will not represent Mr. Damiano in a copyright infringement claim involving Dignity.  I don’t believe I’ll ever be able to afford the costs or time.  I also cannot assist Mr. Damiano in seeking a court modification of the confidentiality order to allow him to publish the eyewitness testimony of Brad Wright and Pam Damiano.  I have accepted employment in the past month which requires me to withdraw from the case before any further representation is required.    

     Why should Dylan pay Damiano anything?  I suggest he do it for the same reason CBS records invested in Dylan’s first recording.  They took a risk, and it paid dividends.  If Mr. Dylan treats Damiano with respect, by paying him for the songs he requested in 1988, Damiano will be grateful.  The Internet campaign will end.  Mr. Dylan’s reputation will improve.  Most of all, Dylan can find peace of mind about this case.   

      I don’t believe you’ve enjoyed going to court asking for contempt sanctions, and I don’t believe you’re happy that Mr. Damiano is complying with the confidentiality order.  I believe you want him to stop claiming Mr. Dylan used his material dishonestly and publishing this theme indefinitely.     

      Bob Dylan is in the news again.  The Associated Press released reports about a poem Dylan penned when he was 16.  Some believe he plagiarized a song by Hank Snow.  Frankly, I don’t care.  Other people do, however.  The press has picked up the Damiano claims, and it is eating away at their respect for Mr. Dylan.      

      We can all join sides to memorialize Dylan as a positive force for good in American history.  I’ll suggest a price (for lack of a better word).  Mr. Damiano’s literary silence regarding his case along with a release of his copyright claim will cost $450,000.  Please let me know if the offer is accepted or rejected.  

      If Mr. Dylan doesn’t believe he should pay Mr. Damiano any financial settlement for his offenses, may I ask that he at least explain to Jim what his backstage meetings were really about.  Heaven knows I have tried to help Damiano make peace with himself about this case.   I'm sure it's hard for Jim.

      It has also come to my attention that Nick Kuntz has written a letter to Mr. Damiano stating that his deposition material was misconstrued by the defense.  

      I will be filing a Motion to Withdraw for Mr. Foley and myself if this letter does not produce a settlement.  Mr. Damiano will seek a modification of the confidentiality order upon our exit, unless the Judge orders otherwise.    

      I have one other matter.  Mr. Damiano informs me that Steven Kramer had several boxes of songs delivered to Parcher & Hayes during the discovery phase of his case against Dylan.  Mr. Kramer never made copies of the documents, since I am presuming he felt pressed to comply with an overdue discovery request.  Mr. Damiano informs me that he has never had all the original songs returned to his possession, even though the case is over.  If you don’t mind, please explain what you can recall about Mr. Damiano’s song production.  Do you still have songs unaccounted for?  Can they be returned?   

     I reiterate out of courtesy to you and your client we have not included any of the testimony, or documents,  that supports these statements. 

There are many other facts I can mention like the Mikie Harris letter which I believe say's it all.

Sincerely Robert Church

We have published links to plagiarisms like "Knock Knock Knockin On Heavens Door" and "Helpless Helpless Helpless" written and released by Neil Young years before Dylan's release.

One of the most revealing Bob Dylan plagiarisms is John Fogerty's melody of "Down On The Corner" released in 1969 and Dylan's melody of "Shelter From The Storm" released in 1984 Anyone who is familiar with these songs can hear the exact melody between the two songs.