Eleven Years
Bob Dylan's Stealing of James Damiano's Songs
Now Available on DVD and other media sources
Bob Dylan
Notice: This website is evidence in a Federal Lawsuit.
On September 15, 1995, James Damiano filed a copyright infringement lawsuit against Bob Dylan in the United States Federal District Court.
Twenty-eight years ago on March 14th, 1996, Judge Joel B. Rosen ruled in favor of Bob Dylan's federal order for confidentiality designating all discovery material as confidential.
To this day the order remains in effect. In retrospect the "gag order" is a twenty-seven year after the fact litigation order that strives to avoid transparency. The order also attempts to diminish James Damiano's credibility to the public.
On February 6th 2012 an investigation into the fraud committed in James Damiano’s lawsuit against Bob Dylan was opened by the United States Attorney General. The file number is Department of Justice file number 2452370.
The movie rights to “Eleven Years” (Bob Dylan’s Stealing of James Damiano’s Songs) will be for sale for $12,000.000.00 or until such time that we find a tech person who is capable of assembling the necessary components to make the movie Netflix compliant.
No artist can lay claim to the controversy that has surrounded the career of songwriter James Damiano. Forty-five 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
This website and the record of the court substantiate one of The United States Federal Governments largest verifiable "frauds upon the court," diminishing the integrity of the federal Judiciary to the level of the criminals it prosecutes.
According to the record of the court it is verified, substantiated and conclusive that in James Damiano's copyright infringement lawsuit against Bob Dylan, the court was negligent in maintaining Integrity, legitimacy, honesty and lawfulness.
This published website declaration of James Damiano vs Bob Dylan for copyright infringement documents, cites and substantiates beyond any doubt that the court in association with Bob Dylan's lead attorney Orin Synder and Bob Dylan’s law firm Parcher Hayes and Snyder continually committed a fraud upon the court which under the Federal Rule of Civil Procedure, Rule 9 (b), negates all rulings by the court in James Damiano vs Bob Dylan.
This website along with the record of the court pleads the claim of "fraud upon the court" constituting the fraud with particularity, and provides the specific details about the substantiated fraudulent conduct to be considered valid.
This website includes many hours of videotaped deposition material that is incriminating to Bob Dylan and hosted on YouTube. These videos must be included in any assessment of the credibility of this website and must be included in any legal action concerning this case.
This website and the record of the court states and substantiates with particularity the circumstances constituting the court’s fraud, malice, intent, and willful knowledge of, and committed in James Damiano’s copyright infringement lawsuit against Bob Dylan
Within the civilized nations of the world the word culture has long been synonymous, with the name Bob Dylan. There are many interpretations of the definition of the word culture. Practically speaking, the most authentic definition describes culture as "the arts and other manifestations of human intellectual achievement."
When referencing this definition with regard to the public's perception of Bob Dylan, it is common knowledge that for decades leading up to the present that it was often subliminally suggested by the media that Bob Dylan is the most revered “celebrity” on the planet by the general populace and the intellectual community.
When focusing on the word "celebrity" in regard to Bob Dylan, it appears as if Dylan was touted as the most revered celebrity first before being transformed into being recognized as the most highly acclaimed and revered songwriter in the world.
It is without doubt a strange perspective to be cultivated as specifically “a celebrity." Instead of promoting his talent as a songwriter Dylan's camp, and the music and entertainment industry along with Hollywood promoted Dylan as a celebrity first above all else.
Leaked information has recently suggested that it was not by happenstance that this occurred. Dylan’s mysterious, subliminal persona had been meticulously cultivated by Dylan's camp to project Dylan as (specifically) the most revered “celebrity” of all in which no other celebrity would come close to matching Bob Dylan’s level of reverence.
The “most revered songwriter” persona played second only to the “most revered celebrity” persona in developing Dylan's total persona. No other celebrity had ever been cultivated by the industry in this fashion.
There was however some degree of legitimacy to this proclamation. Being the most quoted and chronicled person of our time established Dylan as the most revered celebrity as well. Of course, we don't know for sure whether Dylan's is actually the most chronicled person, but this is what we are being told by the media. This inferred, manufactured and concocted humane to all concept and Dylan's reverence was directed specifically to the masses and also to the moral conscience of mankind.
This humane to all concept of moral consciousness catapulted Dylan into the media as somewhat of a diviner. A prophet if you will.
The article suggesting Bob Dylan is some kind of a "prophet" is of course subliminal planting a seed for a reason. The reason is to control the leverage of influence over the general populace. Even though it comes from a political science professor at Penn the publisher knows that it will soon gravitate to the mainstream media and that the general populace will begin to believe some level of it.
Bob Dylan as Modern-Day Prophet
In his new book, political theorist Jeffrey Green takes a unique view of the famous musician. MAY 30, 2024
Dylan's concept of humane to all politics is sophomoric at best especially since Dylan has been cited in expressing support and allegiance to one specific political party which flaws the concept at its core. Everyone is a human being. Choosing a political party is as bias as it gets.
Dylan would come to use his newfound authority to subliminally leverage influence in the political arena.
Bob Dylan awarded the
Presidential Medal of Freedom
by President Obama
While receiving the Presidential Medal of Freedom Bob Dylan was utilizing a Federal Gag Order on James Damiano
On March 14 1996 Judge Joel B. Rosen granted Bob Dylan a confidentiality order for all discovery materials to be designated as confidential.
When the court granted Bob Dylan the gag order it (The Court) became complicit in Bob Dylan's stealing of James Damiano's songs by assisting Bob Dylan to cover up the actual theft of the songs to the public.
The court also attempted to cover up the illegal and unlawful dismissal of the lawsuit itself which was also entered upon the record of the court.
For starters the United States District Court held James Damiano in contempt of Judge Joel B. Rosen's gag order with videotaped depositions that incriminated Bob Dylan. The court then proceeded to cover up the fraud it committed.
An example of confidential discovery material that was posted on the internet by James Damiano in the form of a videotaped deposition that is incriminating to Bob Dylan is displayed below.
Bob Dylan's Public Relations manager for ten years Deposition of Elliot Mintz. Have you ever lied to Mr. Damiano?
Bob Dylan with his public relations manager Elliot Mintz
VIDEO SHOWCASE OF THE WEEK
The following statement has been entered upon the record of the court for well over twenty-five years.
It is publicly and judicially uncontested by Bob Dylan and or Bob Dylan’s law firms Manatt, Phelps & Phillips, Parcher Hayes & Snyder, Gibson Dunn & Crutcher, Hecker Brown and Sherry, and Sony House Counsel that Bob Dylan and people in Bob Dylan’s entourage have solicited James Damiano’s songs and music for a period of over ten years and eleven months.
"All attorney's visiting this website are legally obligated to report this "fraud upon the court" to the United States Justice Department.
Mr. Damiano has patiently waited twenty-eight years for the court to rectify the blatant, evident, substantiated, irrefutable and documented, fraud upon the court that was committed in his infringement lawsuit against Bob Dylan.
Notice: The information contained in this website has been produced to the Third Circuit United States District Court and is entered upon the record of the court as document 153 attachment 10 through 16.
All material facts contained in this website are uncontested by Bob Dylan.
This website documents the fact that Bob Dylan's lead attorney Orin Snyder through means of lying to the court, coerced The United States Federal District Court of New Jersey to commit flagrant and irrefutable fraud that is definitively verifiable through forty-eight hours of videotaped depositions, blatant admissions of guilt by Bob Dylan witness's, eleven years of verified documents between James Damiano, CBS, Sony and Dylan's entourage and producers, credible scholarly music analysis, and many other issues of facts including the absence of a Bob Dylan affidavit of denial and Bob Dylan's absence of a deposition.
Judge Jerome B. Simandle
Within the last 27 years there were movie companies that were interested in producing the movie Bob Dylan’s Stealing of James Damiano’s Songs. One of them, a professional company, assessed that the movie would have netted approximately $214,000,000.00. Damiano’s share would be 20 percent of the net profit (forty million dollars) after the movie was released and a 3 million dollar check upfront. The movie company agreed to proceed with the stipulation that the confidentiality order (the gag order) was lifted by the court.
Over the 27 years James had made motions to the court to remove the gag order yet still to this day the 26 year old after the fact litigation gag order still remains in effect.
"Shelter from the Storm" is a song by Bob Dylan, recorded on September 17, 1974, and released on his 15th studio album, Blood on the Tracks, in 1975.
"Down on the Corner" is a song by the American band Creedence Clearwater Revival. It appeared on their fourth studio album, Willy and the Poor Boys (1969). The song peaked at No. 3 on the Billboard Hot 100 on 20 December 1969.
Tony Tiller worked in John Hammond Sr's office and was promoted to Associate Director of Marketing Services for Sony Music. Mr Tiller testified that he only had James Damiano’s printed materials in his office. Mr. Tiller’s statement is blatantly untrue. The song playing in the background of this video is a James Damiano song. Mr Tiller had all of James Damiano’s musical compositions.
The government was quick to defame James Damiano to the public and to the world by holding Mr. Damiano in contempt for posting videotaped depositions that incriminated Bob Dylan on the internet.
Given the positions entitled to the individuals who assisted in supplying the facts of the case and the legal information to Judge Simandle for the opinion in James Damiano vs Bob Dylan enabled them to be blatantly mendacious. They believed they could publish deceitful opinions about Damiano all the while remaining under the radar. They seriously miscalculated. With the development of the internet they can be easily identified. Twenty eight years later their fraud upon the court has come back to expose their corruption.
Their nefarious actions have come to cause mayhem with the integrity of the court. With a common respect for civility James has not as of yet published their identities and now as of today October 10th 2024 James is calling them out.
Mr. Damiano has for over 26 years blatantly ignored and violated Judge Joel B. Rosen’s gag order on his copyright infringement lawsuit with Bob Dylan. The ball is now in the hands of the court; they either take their shot or concede to Damiano’s terms. I don't see how there could be any other conclusion.
Given the fact that this website can be emailed to anyone it is safe to report that Mr. Snyder charged Bob Dylan $980.00 an hour to ruin Bob Dylan's reputation
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. 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.
It is now common knowledge that Bob Dylan has been accused of plagiarism in over two hundred separate incidences. In Dylan’s early career he would plagiarize one or two pieces of content, ideas, lyrics or melodies from various different artists.
By the late seventies Dylan's touring and professional schedule became very demanding of his time, and he was afforded less time to write. It was at this time he was introduced to James Damiano’s materials.
Damiano a prolific writer provided a treasure trove of material to Dylan over the course of eleven years of which Dylan took the liberty of taking advantage of without crediting Damiano for said materials. Eventually Dylan acquired twenty-seven years of James Damiano’s writing.
Orin Snyder
Judge Simandle's Letter
UNITED STATES DISTRICT COURT
District of New Jersey
UNITED STATES COURTHOUSE
CHAMBER OF JEROME B. SIMANDLE
DISTRICT JUDGE
ONE JOHN F. GERRY PLAZA
PO BOX 888
CAMDEN NJ 08010
(856) 757-5167
December 23, 2002
ORIN SNYDER, ESQUIRE
PARCHER HAYES & SNYDER
500 Fifth Avenue
New York, NY 10110
STEVEN D. JOHNSON, ESQUIRE
HECKER BROWN SHERRY AND JOHNSON LLP
1700 Two Logan Square
18th and Arch Streets
Philadelphia, PA 19103-2769
Mr. James Damiano
Route 46 Mine Hill
NJ 07803
RE: Damiano v. Bob Dylan & Sony Music Entertainment Inc.
Civil No. 95-4795 (JBS)
Dear Litigants:
This will reply to Mr. Snyder's letter of December 18, 2002, which requests an extension of time to respond to Mr. Damiano's motions from December 20, 2002 until January 20, 2003.
Under the circumstances in Mr. Snyder's letter, his request is granted. In my preliminary review of these motions, I have noted that they do not conform to the requirements of the Federal motions, and that the 40-page limit for motions has also been exceeded.
Notwithstanding the procedural defects in the motions, and in light of Mr. Damiano's pro se status, I will not dismiss the motions and require rebriefing as I would do if an attorney filed these papers.
I will, however limit the length of defendants' opposition to the 40-page limit of L. Civ. R. 7.2, and request that special attention be given to the motion to vacate the protective order.
That motion may not be timely to the extent that it seeks relief from an ongoing injunctive order regarding the use of confidential discovery materials. Although the defendants must address all of the pending motions, I would appreciate if special attention is given by defense counsel and by Mr. Damiano to the current status of the confidentiality order.
The issue arises whether, with the passage of time, the protected materials will continue to have the heightened degree of confidentiality which they were found to enjoy in earlier years. If not, is the future continuation of the injunction against use of the confidential materials warranted?
In other words, Mr. Damiano has asked that the court re-examine the continued validity of the protective order against his use of confidential discovery materials, and the court is willing to do so after all parties have had a chance to be heard.
In summary, all motions remain pending, and the defendants' opposition will be due January 20, 2003. Mr. Damiano's reply papers, if any are due 14 days after receiving defendants' opposition papers. Mr. Damiano's reply is also limited by L. Civ. R. 7.2(b) to 15 pages.
After all submissions have been received by the court, I will determine whether or not to grant Mr. Damiano's recusal motion and, if recusal is denied, whether to convene oral argument or decide thematter upon the basis of the papers received under Rule 78. Fed. R. Civ. P.
Very Truly yours,
JEROME B. SIMANDLE
U.S. District Judge
JBS/mm
cc: Steven D. Johnson, Esquire
900 Haddon Avenue, Suite 412
Collingswood, NJ 08108-1903
For the last twenty-eight years as of March 15, 1996 Bob Dylan has utilized a “Gag Order” against James Damiano which designates all discovery materials as confidential including his musicologist "Dr. Greene's" music comparison which documents that both James Damiano's "Steel Guitars" and Bob Dylan's "Dignity" contain "the exact same arc", referring ro the melodic arc.
We would like to make known that Dr. Greene graduated Magma Cum Laude from Harvard.
The Court was well aware that all the discovery materials that were designated confidential by the court incriminated Bob Dylan including fifty hours of video-taped depositions.
On March 28, 2007 over sixteen years ago the following statement was downloaded from James Damiano’s website and produced to the honorable Judge Jerome B. Simandle of the Federal District Court by Bob Dylan’s lead attorney Orin Synder.
Said statement was entered upon the record of the court yet no legal action was ever taken to deny Plaintiff's statement that Dylan solicited Damiano's songs for over ten years and eleven month.
For the last twenty-eight years as of March 15, 1996 Bob Dylan has utilized a “Gag Order” against James Damiano which designates all discovery materials as confidential including his musicologist "Dr. Greene's" music comparison which documents that both James Damiano's "Steel Guitars" and Bob Dylan's "Dignity" contain "the exact same arc".
We would like to make known that Dr. Greene graduated Magna Cum Laude from Harvard.
Both Judge Simandle and Judge Rosen permitted Dylan's lawyers Orin Snyder and Steven D. Johnson nefariously presented to the court evidence that incriminated Bob Dylan to hold James Damiano in contempt of Judge Rosen's gag order.
A direct infringement of the first amendment of the constitution. Especially since it was at least ten years after the officially adjudicated and after the fact litigation.
Both Judge Simandle and Judge Rosen permitted Dylan's lawyers Orin Snyder and Steven D. Johnson to nefariously present to the court information and evidence that incriminated Bob Dylan to hold James Damiano in contempt of Judge Rosen's gag order.
Movie companies were emphatically reluctant to produce, promote or distribute James Damiano's movie "Eleven Years" (Bob Dylan's Stealing of James Damiano's Songs) due to the gag order granted to Bob Dylan by Judge Joel B. Rosen over twenty-eight years ago.
Snyders intentions were to notify Judge Simandle and Judge Rosen that James Damiano was defying Judge Rosen's gag order. Again, Snyder nefariously used evidence that incriminated Bob Dylan to hold James Damiano in contempt.
The rule of law states that Dylan must deny and or contest said statement within thirty days of it being entered on the record. Dylan nor any representative of Dylan has ever contested or denied the following statement. Nor has any counter suit been filed by Dylan or Sony or any other entity involved or uninvolved in this matter against James Damiano.
Said statement we are referring to that was entered upon the record is
is:
It is judicially and publicly uncontested by Bob Dylan and Bob Dylan’s law firms, all five, including Sony House Counsel, Orin Snyder, Johanathan Leibman and Mary Jo White that Bob Dylan and people in Bob Dylan’s entourage have solicited James Damiano’s song's lyrics and music for over ten years and eleven months.
To make Dylan's lead attorney Orin Snyder aware that James was not in the least a bit worried or concerned about the threats Snyder was showering Mr. Damiano with about the gag order. Mr. Damiano made up one hundred and two copies of the movie that contained the incriminating evidence against Mr. Dylan and mailed them to all the United States Attorney offices in the country, thus documenting that Snyder was threatening Damiano with evidence that incriminated his client Bob Dylan.
Grammy Nomination
The following music analysis was constructed by Dr. Greene who gradutaed Magma Cum Laude from Harvard. Dr. Greene states that Bob Dylan's song "Dignity" and James Damiano's song "Steel Guitars" bare the exact melodic arc. This information was designated confidential and kept from the public by the United States Distric Court for the last twenty eight years. In 1996 Dignity was nominated for a Grammy Best Rock Song category.
Dr. Greene's music analysis can be heard in the video below. Not only is this information incriminating to Bob Dylan, it also implicates the court in keeping it from the general public and covering it up for CBS Records.
Big Danny Gallagher who is seen in the latter part of this video signing a declaration stating that he played the dobro guitar on James Damiano's song "Steal Guitars" with James Damiano ten years before Dylan copyrighted his song "Dignity" had a long history with Bruce Springsteen.
A brilliant mind
Laid to waste
Destroyed by the power
Of a greedy mans haste
Could have used glue
But they only used paste
A brilliant mind
Laid to waste
Letter to Judge Simandle from Bob Dylan's attorney dated July 13 2015
When I was writing songs for John Hammond which eventually were going to Dylan my process was to play or jam on the guitar for hours. I would play as many different sequences of patterns of music as I could within a two- or two-and-a-half-hour period of time. I would make sure I recorded the session. Then the next day I would listen to what I recorded and choose sections out of the recording that I would be able to develop a song from.
Bob Dylan stated in an interview this was not his process at all. Dylan stated that he would take an existing song and simply change the words. So he did not have to write the music.
While being interviewed by Robert Hilburn of the L.A. Times Dylan stated:
“Well you have to understand that I’m not a melodist. My songs are either based on old Protestant hymns or Carter Family songs. What happens is, I’LL take a song and simply start playing it in my head. That’s the way I meditate.” “I wrote ‘Blowin’ in the Wind’ in 10 minutes, just put words to an old spiritual, probably something I learned from Carter Family records. ‘The Times They Are A-Changing’ is probably from an old Scottish folk Song.” "I'll be playing Bob Nolan's 'Tumbling Tumbleweeds,' for instance, in my head constantly, while I'm driving a car or talking to a person or sitting around or whatever. People will think they are talking to me and I'm talking back, but I'm not. I'm listening to the song in my head. At a certain point, some of the words will change and I'll start writing a song.".......Bob Dylan
A sample of Bob Dylan's nefarious songwriting process is displayed in the video below. Hard Rain and Lord Randall
James Damiano Declaration 1
Elliot Mintz & Bob Dylan
In the event that the government should download this website as evidence it would be incomplete without downloading the associated youtube videos. It would also be criminal for the court to do that.
All material facts contained in this website are uncontested by Bob Dylan.
This website documents the fact that Bob Dylan's lead attorney Orin Snyder through means of lying to the court, coerced The United States Federal District Court of New Jersey to commit flagrant and irrefutable fraud that is definitively verifiable through forty-eight hours of videotaped depositions, blatant admissions of guilt by Bob Dylan witness's, eleven years of verified documents between James Damiano, CBS, Sony and Dylan's entourage and producers, credible scholarly music analysis, and many other issues of facts including the absense of a Bob Dylan affidavit of denial and Bob Dylan's absense of a deposition.
James Damiano was asked to join a coalition of four songwriters and one playwright who had filed copyright infringement lawsuits against mainstream artists. All of these songwriters had their claims dismissed in summary judgment. I was required to write a letter to the Department of Justice asking to be added to the file. There was a file opened with the Justice Department sometime around February 2012.
Response letter from the Department of Justice
It was Broccoli Rabe Studio in Fairfield NJ where we set up the recording sessions. Brian Drago was the owner of the studio. Mohammad paid the studio in full before we started recording. After all, twenty-four tracks were recorded I went to the studio to mix my vocal track. On that day it was just me and the lead engineer Phil Pfisterer alone in the studio control room. Something strange was happening. After twenty hours I still did not have a mix on the vocals. I don’t think I had ever been this confused in my entire life. We went on with the mix and after another twenty two hours I still had no mix on the vocals.
The project was paid for in full from the first day of recording. At that point I looked over at Phil and said” Phil what the hell is going on?” Phil looked at me and said
“Brian told me not to give you the mix.” I said to him “Why? The project is
paid in full.
Phil said “I don’t know why. He just told me not to give you the vocal mix” I
thought for a while and said to Phil. “Okay I’ll tell you what. Friday I’m going
to a party at CBS and if you give me a vocal mix on the song (My Cousin
Joanne) I’ll bring you to the party. Phil agreed and finally gave me the mix.
I brought him to the party where he met and eventually engineered projects
for Tony Tiller. He also met Mikie Harris.
When I walked into the party I saw Mikie sitting on the bed. She was
surrounded by a massive amount of people. Phil was briefly introduced to
Mikie. Then I introduced Phil to Tony and they hit it off pretty well. They
spent a lot of time together that night. I can only assume that Mikie and
Tiller were actually looking forward to meeting Phil since he was such a
great recording engineer.
The whole party situation brought me back to the last day of my sessions at
Broccoli Rabe Studio. We were in the war room waiting for Brian. The war
room is a room where all the musicians and executives go to listen to the
final mix of the recordings. When Brian came in he had the cassette in his
hand and he was hyped as he shouted out to everyone “This is the hottest
thing that ever came out of my studio.”
Back at the party I strolled on over to the stereo, put “My Cousin Joanne”
into the cassette deck and hit the play button. Everyone at the party
stopped talking, looked over at the stereo and you could tell everyone was
blown away.
Mikie just pretended to not be listening. I guess she was kind of caught off
guard thinking I would never have done what I did by playing “My Cousin
Joanne” in front of all the executives from CBS.
Actually beside my 1982 and 1988 copyright registrations the melody of
“Dignity” was on the Broccoli Rabe session twenty four track master
It’s also common knowledge now that the melody line to "Blowin in the wind” was actually the melody line to an old anti slavery song titled "No More Auction Block". Dylan simply discarded the words to the old song and replaced them with his own words. The label to the record states that the song was written by Bob Dylan. There is no mention of the original author anywhere on the label or the album covers liner notes. There is also no reference to public Domain.
The Dignity Trailer
Orin Snyder hired Mary Jo White a former United States Attorney for the Southern District of New York to work on the case.
The following email was sent to Ms. White. The initial email included the facts of the case.
Debevoise & Plimpton
Mary Jo White
919 Third Avenue
New York, NY 10022
Dear Ms. White:
I am the plaintiff in James Damano Vs Bob Dylan CV 95-4795 (JBS) I am acting pro se in this matter. You have not responded to my last E-mail to you, so I am resubmitting it to you once again.
Within the week Mary Jo White left the case
Motive for the basis of the lawsuit is established through a 1988 Associated Press article by Kathryn Baker who interviewed Bob Dylan. Ms. Baker testified that Dylan stated in the interview which she published in her article that "he didn't have enough material of his own for an album." Bob Dylan fought production of Ms. Bakers actual recording of the interview and after oral argument the court ruled in Dylan's favor. Damiano had to rely on Ms. Bakers testimony not that it mattered, there wasn't much difference between "He didn't have enough songs for an album" or "He didn't have enough songs that he wanted to put on an album" In fact the latter probably would have been better for Dylan. So why did they block production of the actual recording? And why did the Judge block the production of the recording?
QUOTED FROM CARDOZO LAW JOURNAL: WRITTEN BY JULIE LEVINE
ADDITIONALLY, RULING THAT A QUALIFIED REPORTER’S PRIVILEGE EXISTED REGARDING AN INTERVIEW DYLAN GAVE WHERE HE CLAIMED HE HAD WRITER’S BLOCK DEMONSTRATES THE WILLINGNESS OF COURTS TO PROTECT THE BIG NAME MUSICIAN INSTEAD OF THE ORIGINAL COMPOSER, THEREBY ENDORSING A MINOR FORM OF PLAGIARISM.
HOWEVER, PROTECTING BOB DYLAN IN THIS ONE INSTANCE MAY DIFFER IN A CASE WHERE THE MUSICIAN IS NOT WELL KNOWN OR DOES NOT HAVE A REPUTATION OF BORROWING FROM OTHER MUSICIANS SINCE THE BEGINNING OF HIS CAREER. INDEED, BOB DYLAN DISCLAIMING HE HAS WRITER’S BLOCK CAN GIVE RISE TO AN INFERENCE FOR A REASONABLE JURY TO BELIEVE THAT IT IS MORE LIKELY THAT HE COPIED DAMIANO’S SONG IF THE JURY HEARD THAT HE HAD WRITER’S BLOCK, AS COMPARED TO THE JURY NOT HEARING THAT HE HAD WRITER’S BLOCK.
THEREFORE, BY DEEMING THE REQUESTED EVIDENCE IN THE MOTION TO COMPEL IRRELEVANT, IT IS NOT CLEAR WHETHER OR NOT BOB DYLAN DID IN FACT PLAGIARIZE JAMES DAMIANO’S SONG OR WAS MERELY INFLUENCED BY HIS MUSIC. HENCE, IF DAMIANO’S MUSICOLOGISTS THEORY HAD BEEN PRESENTED TO THE COURT AND WAS BELIEVED AS TRUE, IT IS VERY POSSIBLE THAT BOB DYLAN PLAGIARIZED JAMES DAMIANO’S SONG.
ON THE OTHER HAND, IF A CONTRARY THEORY WAS PRESENTED, ONE THAT DOES NOT INVOLVE THE SCHENKER ANALYSIS, IT IS POSSIBLE THAT BOB DYLAN WAS ONLY INFLUENCED BY DAMIANO’S SONG AND USED THAT INFLUENCE TO WRITE DIGNITY, NOT TO COPY STEEL GUITARS AS HIS OWN.
NEVERTHELESS, IT IS STILL UNCLEAR WHETHER THE COURT ENDORSED BOB DYLAN’S POTENTIAL PLAGIARISM BECAUSE OF WHOM HE WAS OR IF THE COURT WAS WILLING TO TURN A BLIND EYE TO THE ALLEGED PLAGIARISM. THIS COURT’S BEHAVIOR FURTHER DEMONSTRATES HOW A COURT TOLERATING THE USE OF ANOTHER’S SONG MAY GIVE AN INCENTIVE TO PLAGIARIZE.
IF A COURT IS WILLING TO DISMISS A MOTION TO COMPEL DISCOVERY THAT COULD PROVE PLAGIARISM, A COURT MAY VERY WELL DO THE SAME FOR ANOTHER MUSICIAN, EVEN IF HE OR SHE IS NOT AS WELL KNOWN AS BOB DYLAN.
So there is no misunderstanding for the laymen reading this we would like to note that this case was never presented to a jury and that Judge Simandle dismissed the case in summary judgement.
It is uncontested and undisputed that the James Damiano vs Bob Dylan for copyright infringement law-suit has been the largest fraud upon the court this country has ever experienced encompassing Defendant Bob Dylan's attorney's as well as the Judges in the case Judge Jerome B. Simandle and Judge Joel B. Rosen.
The record reflects that both Judge Simandle and Judge Rosen permitted Dylan's lead attorney's Orin Snyder and Steven D. Johnson to protect Bob Dylan with facts that incriminated Dylan.
I
The record officially documents and reflects that both Judge Simandle and Judge Rosen permitted Dylan's lead attorney's Orin Snyder and Steven D. Johnson to exonerate Bob Dylan with facts that incriminated Dylan.
It is documented fact that judge Simandle and Judge Rosen both were well aware that Bob Dylan did not have one sentence, word or fact that he could protect himself with or that would exonerate him from his complicity in his crimes of stealing Damiano's songs music or lyrics. If such information did exist he would file criminal charges or for that matter at least a defamation suit against Damiano.
To reiterate:
On 3/ 14/ 1996 Judge Joel B. Rosen granted Bob Dylan a confidentiality order for all discovery materials to be designated as confidential.
On June 16, 2009 the following letter was sent to Bob Dylan's Attorney Orin Snyder written by James
Damiano's Attorney Robert Church, regarding boxes of James Damiano's songs produced to Orin Snyder during discovery. There were approximately fifteen to twenty-five boxes filled with anywhere from 200 to 400 finished and unfinished songs in each box - thirty seven years of writing - that were never returned.
Dear Mr. Snyder:
I have one other matter. Mr. Damiano informs me that Steven Kramer (James Damiano's lead attorney) 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?
Sincerely,
Robert Church
As of today Mr. Snyder still has not answered Mr. Church
The Damiano Dylan law-suit was illegally dismissed in Summary Judgement without a jury trial:
As of Rule 56 (c) of the federal Rules of Civil Procedure Judge Simandle illegally dismissed James Damiano's law-suit against Bob Dylan for copyright infringement.
This E-mail was sent to James Damiano from Mark Taylor one of the most prominent intellectual property attorneys in the country: Counsel to the Intellectual property division of Parker Poe Bernstein and Adams in Charlotte North Carolina.
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.
Mark Taylor
a. Access
[6] Plaintiff asserts that “the bulk of his life’s work” was submitted to Sony beginning in 1982. (Compl. at 2). He also alleges that he was told to bring his songs to several concerts which he attended courtesy of Sony.
Plaintiff has produced evidence that after these concerts, he was allowed backstage and gave his work to Dylan or his agents. (Damiano Decl. at PP 2, 5; Dep. of Pam Damiano at 77-84, 97-104; Dep. of Brad Wright at 105-112). Taking these allegations as true, plaintiff has demonstrated a genuine issue of material fact as to whether defendants had access to his work.
Without the benefit of expert testimony or other evidence specific to the Copyright tape version of plaintiff’s song, the court must engage its own analysis of the components of the songs. To the ear of this court, there is no substantial similarity in the structure, instrumentation or melody of the two songs. These songs “speak” for themselves and no reasonable factfinder could find substantial similarity.
After listening several times to both Dylan’s “Dignity” and plaintiff’s “Steel Guitars” as it appears on the Copyright tape, this court is convinced that no reasonable juror could find the two songs substantially similar in total concept and feel.
Plaintiff’s song, an instrumental, consists of two guitars — one that plays a fairly repetitious baseline, and one that plays a seemingly improvised free melody. Dylan’s song has full instrumentation and accompanying lyrics.
The overall effect of the two pieces is quite dissimilar — put simply, they just don’t sound alike. The lack of substantial similarity necessarily leads to a conclusion that Bob Dylan did not improperly appropriate plaintiff’s work and thus ends the analysis of plaintiff’s music infringement claim. Summary judgment will be granted in favor of defendants as to all of plaintiff’s copyright infringement claims.
Steel wheel screeches
Friction causes smoke
Filthy subway car
Billboard selling coke
One more run
Through the tunnel
One more run
Through the park
Twenty-two and a half
More blocks to go
Till the daylight turns
To dark
Bob Dylan Unplugged from 1995
Music Song Comparison
James Damiano's original music "Steal Guitar's" with Bob Dylan and James Damiano's words added to James Damiano's music. This recording is over 40 years old we apologize for the quality of the sound.
The 52 seconds mark of this video expresses the lyrical comparison of James Damiano's song "Steal Guitars" and Bob Dylan's song "Dignity".
We apologize for the sound quality it is a 39-year-old recording however we are in the process of restoring the tape quality. We will release it as soon as it is completed. Lyrical content starts at 52 seconds.
During the eleven years James Damiano worked with Bob Dylan's organization there were ideas, songs, lyrics and music written by James in which he had to decide whether or not to submit these materials to Dylan before copyrighting the material.
It was a difficult decison to make especially since back then it took twenty three weeks to receive the copyright registration back from the Library of Congress. This situation created a great handicap for James. The law since has changed to "date of creation" for the original author however prior to the law changing James was handicapped as to the perspective of the court.
FOLK LIES: Joni Mitchell Outs Bob Dylan
by Jonny Whiteside
Big Hollywood
April 28, 2010
"Bob [Dylan] is not authentic at all. He's a plagiarist, and his name and voice are fake. Everything about Bob is a deception. We are like night and day, he and I."
- Joni Mitchell, Los Angeles Times, April 22, 2010
Caterwauling Canuck "folk singer" Joni Mitchell got just about everybody riled up with that sweet morsel of self-serving insight, but the real shock is not that Mitchell is absolutely correct but that someone finally came out and said it. After decades of carefully manicured deification by Columbia Records, brain-dead rock critics and the slimy elite institution that elevated such barely able snake-oil salesmen as Woody Guthrie and Pete Seeger to celestial heights, it's high time to flout indoctrination and examine Dylan's track record as a Grade-A phony.
Most Dylan fans would be stunned to realize that his vocal style (for lack of a better term) was high-jacked, in its entirety, from long-dead bluegrass-country singer Carter Stanley. We're not talking about an influence, like Lefty Frizzell for Merle Haggard, but a total appropriation of Stanley's highly idiosyncratic approach. A counterfeit from the get-go, once Dylan realized what an advantage his audience's innate ignorance was, he's exploited it ever since.
Just type "Bob Dylan plagiarism" into your friendly search engine, and a plethora of questionable circumstances pop up, enrobing the singer almost as completely as his years of reflexive media fawning have. Documented from his teenage start, when he submitted a hand written, thinly revised version of country star Hank Snow's "Little Buddy" for publication as an original poem, to his 1963 pilferage of Irish poet Dominic Behan's "Patriot Game's melody for the similarly slanted Dylan tune "With God on Our Side" to songwriter James Damiano's ongoing multimillion dollar copyright infringement suit (alleging Dylan's Grammy-nominated "Dignity" is nothing but an altered version of Damiano's "Steel Guitars") to the naked "Red Sails in the Sunset" melody heist for the song "Beyond The Horizon" on his Modern Times album, up through the recent Confessions of a Yakuza-Love & Theft plagiarism charges (Love & Theft? Calling Dr. Freud!), the Timrod controversy, even the numerous passages of Proust and Jack London that (re) appear in the text of Dylan's autobiography, it's a deep, dark thicket of thoroughly damning and apparently chronic bootlegging. Naturally, Dylan has said nothing publicly about any of these, but he already spent over three million dollars defending himself against one-time affiliate Damiano - the classic delay-to-destroy court room technique.
Defenders and apologist have an extraordinary array of excuses on Zim's behalf, from use of "literary allusion" to his building a "cultural collage," or that his "borrowing" is "homage," to the more deliciously desperate "he obviously doesn't NEED to do it" (strangely, though, he always has). This instamatic, Clinton-ian excuse making serves only to further polish up the shine on Dylan's teflon hubris and to underscore the blind, Pavlovian worship which he has long enjoyed. Let's face it: as a lyricist, Dylan is crap, inarguably unworthy beside, say, Hank Cochran, Chuck Berry, Mickey Newbury or Jimi Hendrix ("All Along the Watchtower" plays as a lead balloon even for Hendrix, nearly deflating his Electric Ladyland masterpiece).
While we're endlessly told that "The pump don't work / cause the vandals took the handle" is vintage Dylan worthy of class room study, in truth it's little more than the wordy spew of a peripatetic rhyming dictionary who'll hang any phrase together as long as it fits. Metaphor is convenience, not expression for Dylan. His songs have also treated women quite badly: the entire attitude of "It Ain't Me, Babe" is ugly; "Just Like a Woman" is nothing short of misogynistic, but, worst of all, Dylan's sheer verbosity has ineradicably stained American pop music, and we've all had to suffer through the post-Dylan legacy of long-winded nonsense ("American Pie," anyone?).
The real tragedy is that none of these very well-documented and nigh irrefutable plagiarism charges will ever emerge from the shadows, as the Cult of Zimmerman's hulking form casts a very, very long one. Even when the Hank Snow rip-off stared the world in its face, the strongest reaction was a nervous giggle and murmurs of youthful indiscretion. To capitulate the carefully constructed myth of folk music and Dylan's subsequent installation as rock & roll's poet laureate is unthinkable, a hot, hit-the-panic-button nightmare for generations of quiescent "hipsters" never weaned from the million-selling Dylan teat. His socio-cultural mystique is also an industry-manufactured sham, one that very handily diverted attention away from genuine political stink-stirrers like the MC5 or the lysergic guerilla warfare of the 13th Floor Elevators.
As a junta-backed counter-culture figurehead, Dylan is ideal: a harmless, unoriginal patsy, a cute insouciant whose relentlessly self-involved stance never threatened anyone, save for the hazard of the droning lip service endlessly paid him. We should all praise Joni Mitchell for this overdue call-out (just don't ask us to listen to her records), but it's unlikely that any in the Zim Cult will even consider the ramifications of her statement. But when you pile it up with all the rest, there's a single conclusion to be made: Bob Dylan is an artistic (and ethical) fraud, one whose own fear of creativity has long since given way to an apparently lifelong practice of emulating his superiors by vampirism, siphoning off their intellectual blood and using it to top off his own under-baked efforts. Weirdly, even then, the results have been scarcely palatable.
Printed from the official Joni Mitchell website. Permanent link:
James Damiano's movie "Eleven Years" was narrated by Christine Longo
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 court's 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.
Conversation between Mikie Harris (John Hammond's assistant) at Columbia Records and James Damiano. Hammond brought Bob Dylan to Columbia.
They all think they all know it all
But little do they know
Might seem like a cynical attitude
But someday they'll reap what the sow
And I never met a man who could afford
To be honest
Have to have those
Essential luxuries
Faith is your reason
Belief your purpose
Don't tell me you didn't know
Letter from Judge Simandle to litigants on May 7, 2007 declaring that Judge Simandle received a copy of the movie which contained the deposition materials that incriminated Bob Dylan.
When Dylan's camp found out that I (James Damiano) was about to release my movie "Eleven Years" They released a movie titled 'I'm not There" to create a diversion [explained.]
In the mid 70’s I, James Damiano, read an unauthorized biography about Bob Dylan, in which the author made reference to a man who at one time was considered to be the president of CBS Records although he never officially held the title of president of CBS. His name was John Hammond Sr.
John Hammond Sr.
Hammond was born in New York, christened John Henry Hammond Jr, although both his father and grandfather shared the same name. He was the youngest child and only son of John Henry Hammond and Emily Vanderbilt Sloane.
His mother was one of three daughters of William Douglas Sloane and Emily Thorn Vanderbilt, and a granddaughter of William Henry Vanderbilt. In other words John Hammond Sr. was a member of the Vanderbilt family.
Mr. Hammond’s great grandfather William Henry Vanderbilt was an American businessman and philanthropist; he was the eldest son of Commodore Cornelius Vanderbilt, Vanderbilt became the richest American after he took over his father's fortune in 1877.
John Hammond Sr. studied music at Yale University. He was undoubtedly the most prominent and sought after record producer in the world. Hammond’s interest in social awareness and civil rights led him to sign Pete Seeger, a well known civil rights activist to Columbia Records in 1960. John Hammond Sr will probably always be considered the most influential music executive in the world.
Hammond had signed a fascinating number of legendary artists to the record industry. He brought Stevie Ray Vaughan, Bob Dylan, Aretha Franklin, Leonard Cohen, George Benson, Charlie Christian, Duke Ellington, and Bruce Springsteen to Columbia Records. Hammond also worked as a producer with such early greats as Bessie Smith, Billie Holiday, Benny Goodman and Count Basie.
Inspired by the book I read; I called CBS Records on the phone. The operator answered and I asked to be put through to John Hammond's office. The receptionist rang his office and a woman named Mikie Harris answered the phone.
Mikie’s position at CBS was assistant to John Hammond Sr. The only other person who I knew of who worked in Mr. Hammond’s office was Tony Tiller.
I later came to find out that Mikie was also executive producer on two Stevie Ray Vaughan albums.
Mikie Harris
Mikie was also a board member of the National Academy of Popular Music’s Songwriters Hall of Fame.
When Mikie answered the phone I told Mikie that I was a songwriter and asked her if she had a few seconds to listen to one lyric.
She replied yes by saying "Shoot." I then recited a lyric to her that I had recently written and said, "The lyric is just think how beautiful you'd feel if you knew your love was real."
Within a few seconds I could tell Mikie loved the lyric. She immediately asked me if I write music. I replied “Yes.” She continued questioning me.
Her questioning was extensive. She wanted to know how old I was. Where I was from. Where I went to school, where I was brought up, who I knew. Who and if I was working with anyone in the industry. As if in a frenzy she just kept firing questions at me.
I was very excited that she was so interested! But what really excited me was that Mikie made it explicit that she wanted me to call her again.
She repeatedly told me to feel free to call her at the office anytime between the hours of nine to five. So began a relationship where we would converse through actual meetings or correspond over the phone which lasted close to eleven and a half years.
Since the beginning of my involvement with Mikie Harris I had been giving her songs that I recorded at home on my cassette deck. At other times I would bring them directly up to Mr. Hammond at Black Rock / CBS.
I would go up and hang out with him at his office. We would talk for hours and he would ask me tons of questions.
Kind of general questions as if he was trying to get a street level perspective of the music scene. Of course I’m speculating. I really don’t know what his objective actually was. It was almost incomprehensible for me since he was who he was, and I was who I was. He already had a pretty good idea of what I thought, believed and saw of the world through my songs.
The artist never stops seeking for what he knows he'll never find
Mr. Hammond was searching for greatness. He wasn’t interested in anything less. After all, he discovered all the great ones. Duke Ellington, Charlie Christian, Stevie Ray Vaughan, Springsteen and Dylan.
But greatness can be hard to find even for a man of Mr. Hammond’s stature. I had to find the road to greatness if I would continue to work with Hammond. The only path I could see at the time was spontaneity.
It seemed logical. Everything I ever heard that was great had a touch of spontaneity to it.
I stayed with Jaco Pastorius on Jones Street in the village for a while. Jaco was considered to be the most highly acclaimed bass player in the industry and was signed to Epic Records, so Mr. Hammond knew him well. Ironically the last words Mr. Hammond ever said to me before he died was "Tell Jaco I love him" Jaco taught me a great deal and was nothing but spontaneous.
Jaco Pastorius
One night while in the Jones Street apartment I played a song for Jaco that I had written. He became very excited jumped up and said lets go. I followed him to a studio where he called a sax player to come over and we recorded the song in the video below.
Spontaneity played a huge part in the process. When working with the greatest producer in the world anything less than great would not work.
Spontaneity was one way to even begin to approach that level of greatness. It was the only clue I had if you will. It all had to be cutting edge avant-garde.
Spontaneity wasn’t the whole process but It was at least a direction to start down the road. You don’t just sit down and tell yourself “Today I’m going to write a great melody or song.” It just doesn’t work that way.
There has to be a piece of magic that sparks the idea. It could be the smallest possible spark but there has to be at least a miniscule piece of magic. Something so thought provoking that it would inspire one to continue to build on the idea.
One day I was up at CBS in a meeting with Mikie. Mikie was sitting in Mr. Hammonds chair on the other side of the desk. All of a sudden Mikie paused for a few seconds, stared me in the eyes and bluntly asked me “would you like to audition for Mr. Hammond?”
Mikie wanting me to audition for Mr. Hammond was so intriguing it startled me. Other than thinking how profound my feeling was, the first thought that came to my mind was how fierce the competition would be. We’re not talking about auditioning for just anyone.
We're talking about auditioning for a man who had witnessed performances of the greatest and most accomplished extraordinaries in the era of modern music.
It was a difficult concept to understand. Immediately I realized that I would have to possess something so unique that it would have to be unparalleled to what Mr. Hammond had ever witnessed.
Allen worked for Don Kirshner who had the band Kansas
under contract and who had assigned Alan as their manager.
Allen also worked with the Rolling Stones.
Allen and his wife were living in a beautiful high rise condo on the East side with a spectacular view from their balcony situated in a valley of high rises. It was impressive and the gold Kansas albums on the wall added to its attractiveness.
Allen was a cool, modest guy. Just an all around classy person. A kind of a cultural and artistic guy whose greatest attribute was his professionalism and sincerity.
One day Allen told me to pick him up at his condo and that we were going to a Kansas concert at Capital Theater in Passaic NJ. When we entered the concert we sat with Don Kirshner. I later came to find out that Allen was a big part of Kirshers organization.
It seemed Allen's job was to seek out talent in the suburbs. Allen respected Mr. Hammond immensely and was looking forward to going to the audition with me. When I told Allen that the audition was rescheduled we made arrangements for me to pick him up at his condo on the east side the morning of the audition.
Again, I started practicing and practicing fourteen hours a day when Mikie sent me a book titled "John Hammond on Record."
It might not have been the best idea to read the book. Although It identified Mr. Hammond as the most influential music executive in the world it also documented Mr. Hammond’s immense sociological influence and humanitarian effect he had on society. The stories in the book were attesting and poignant. The feeling was almost a bit unnerving.
Don Kirshner
Everyone someday
Finds out
Just how much
Faith a man must have
So may the truth
Of your reality
Be in your own
Behalf
None of my songs at that time had been recorded in a truly professional multi-track recording studio. I accepted the invitation to audition with Mr. Hammond. Mikie told me that she would call me back in a week to set up the time and place.
A week later Mikie called and told me that she had set up the audition for three months from that date. The audition would be at Mr. Hammond's office in the Media Sound Building in New York on West 57th Street at Eleven O'clock in the Morning.
Media Sound Building
After some thought I decided to quit my job to be able to practice for the audition. I knew the opportunity to audition for Mr. Hammond could be life altering. I began practicing everyday fourteen hours a day seven days a week for three solid months. The three months seemed like an eternity till finally the morning of the audition arrived. I was getting ready to leave for the audition and the phone rang. I answered it and it was Mikie. In a very matter of fact tone of voice she said “Jim I have some bad news.” I thought to myself this doesn’t sound good and asked her “What’s wrong?”
She said “Before I tell you what’s wrong I want your word that you won’t tell anyone what I’m about to say.” I said “Of course you have my word, what’s wrong?” She went on to say “I want to keep what I’m about to tell you out of the news so please don’t say anything about it to anyone ok?” I said “I understand.” She then told me that she had to cancel the audition because Mr. Hammond had a stroke and was in the hospital.
The disappointment was devastating. She then assured me that once Mr. Hammond was out of the hospital she would reschedule the audition.
A few months later Mikie called and rescheduled the audition for a few months from that date. I made the decision to keep on practicing like I had been fourteen hours a day seven days a week. I was excited and called a person who I was working with at the time named Allen LeWinter.
Alan LeWinter
I returned to lengthy days of practicing again. The three months seemed like forever. Finally the date arrived. Not only was I about to audition for CBS Records but I was about to audition for the man who brought Bruce Springsteen, Stevie Ray Vaughan and Bob Dylan to Columbia Records.
In the daytime, besides practicing, I was replacing an engine in a Fiat Spider that I had recently bought. I had to get the car done so I could drive it to the audition. I started working on the car two weeks before the day of the audition. I was working on the car every day. The days counted down to three nights before the audition and I couldn’t sleep. I stayed up all day working on the car while reflecting and questioning my capabilities and calculating my nervousness. I was exhausted and experiencing a brutal sense of questioning my guitar playing proficiency.
The exhaustion was devastating. After two sleepless nights on the night before the day of the audition as midnight approached I was still wide awake. I laid in bed trying to fall asleep. It seemed impossible! My adrenalin wouldn't stop pumping. I laid there another hour and One o’clock rolled around. I was still wide awake. I knew I had to do something.
At 2 AM I went downstairs and spotted a bottle of tequila. I opened it and drank three quarters of the bottle. One half hour later I was still wide awake. I was really starting to panic now. I frantically searched the medicine cabinet for something that would make me tired. I found some over-the-counter cold pills. I read the package and on the back of the box it stated “caution causes drowsiness.” I took three pills. I had to get at least a few hours of sleep before the audition. I waited a little while longer for them to kick in and finally at about 3 AM I fell asleep.
The audition was for eleven o’clock in the morning. Pretty early for a musician. I had slept four hours and woke up at 7 AM, packed the car with my guitar and a case with my harmonicas, a harmonica holder, guitar strings and some other items. I jumped in my car and I sped up the parkway to New York. I picked up Allen on the East Side and we drove crosstown to the audition on West 57th street.
I parked the car about three blocks away in a parking garage. I jumped out and grabbed my guitar and Allen and I started walking to Mr. Hammond's office at the Media Sound Building.
As I was walking, I suddenly keeled over with my guitar case in my hand unable to take another step. I was exhausted and seriously dehydrated. I was about a block and a half away from Mr. Hammond’s office.
As I was leaning over I looked up at Allen. His face was in shock. At first he didn’t know what to say. He was trying to assess the situation. Then quickly and frantically he said "You can do this. You can do this. Pull yourself together. You can do this.” while I was thinking to myself this is tragic.
I only had two alternatives, quit and go home or go to the audition. If it wasn’t for the look on Allen’s face I would probably never have found the strength to go on.
Allen’s reaction was so hilarious that when I saw the expression on his face I started laughing inside. It was that feeling that provided the strength for me to bypass my physiologically impaired state that almost prevented me from doing the audition. I stood up, started walking and we made it to the building.
As we entered the building the receptionist called up to Mikie to tell her we were there. She hung up the phone and told us that Mikie said for us to go up. We met Mikie on the stairwell and she asked me if I'd like to tune my guitar. I said “yes” and she brought me into a recording studio where she pointed to a piano and said "You can tune your guitar to this piano. It's the piano that Billy Joel recorded Piano Man on.”
My first reaction to Mikie’s statement was now that's a dose of reality not too many musicians could swallow. Then I wondered what she would expect from me. When you give it some thought the competition is fierce.
I sat down and started tuning my guitar when all of a sudden a string broke. Being so tired I had forgotten to bring the box of strings in the trunk of my car that was parked three blocks away.
I jumped up and ran down the stairs. I stopped at the receptionist and asked her to get me some packets of salt (a possible remedy for the dryness in my mouth from being dehydrated). I ran into the parking garage and shouted to the attendant “Where’s my car, the Fiat?” He pointed me to the car and I ran to it. I popped open the trunk and grabbed the case that had the guitar strings in it.
Same Fiat Spider that I drove to the audition.
I ran the three blocks back to the building and as I approached the receptionist she handed me the packets of salt like a handoff from an NFL quarterback as I ran up the stairs. I put the new string on and tuned the guitar as Mikie patiently waited. I sprinkled some salt on my hand, licked it and followed Mikie up to Mr. Hammond's office. Allen followed behind us.
Mikie brought Allen and I into an audition room adjacent to Mr. Hammond’s office and told us to have a seat and that Mr. Hammond would join us in a couple of minutes. Allen took a chair and brought it all the way to the furthest corner of the room where he sat down. A real classy move.
While waiting for Mr. Hammond I had a flashback of a conversation with a good friend Gary Robinson. We had known each other since childhood.
Gary was brilliant. He had a scholarship to do his college studies on a ship as he traveled around the world. Gary wanted to be sure that I utilized my time as efficiently as possible during the audition.
Gary told me “You’re going to think that you have a lot of time with Mr. Hammond. But don’t fool yourself. Your time with Mr. Hammond is going to fly by fast. He’s a very busy man and probably has a very busy schedule.”
Gary was extremely insightful and said “Mr. Hammond is going to want to talk about Bruce Springsteen knowing that you are both from the same hometown. Make sure you don’t end up talking about Bruce too long. Try to break into your songs the first chance you get.”
Sure, enough after Mikie introduced Allen and I to Mr. Hammond and after we all sat down Mr. Hammond looked directly at me and said “So you’re from the same hometown as Bruce?” It was as if Gary had a crystal ball. I answered “yes.”
We talked about Bruce for about five minutes when again I remembered what Gary told me and I said to Mr. Hammond “I wrote a song that’s pretty similar to Bruce’s style. I explained that I had written the song on an electric guitar and that since I only had an acoustic guitar I'd rather not try to play it. I did say to him that I would like for him to read it. Mr Hammond politely understood and I handed him the song.
The song Mr. Hammond read was identified in my copyright registration as “Just Say Yes To Me” and also as “Dignity” displayed below:
I've got a plush A frame overlooking the Ocean,
with a fireplace to keep us warm when it's cold
Cathedral ceilings for romantic evenings
And lights that turn down low
In the garage there's a brand new
Silver blue Porsche
It's a 911- E
And all these luxuries
Can be yours for a while honey
If you just say yes to me.
Just say yes to me honey
Just say yes to me
Just say yes to me honey
And give up your dignity
I like playing golf racquetball and tennis I bet on all the sports
And I'm part owner of a nice little cottage
Lodged up at a ski resort
My boats docked down at little creek marina
I just got a set of new sails
On warm summer nights we'll sail out on the bay
And watch falling stars make trails
It's a good life when the money's right
You can satisfy your curiosity
And all you have to do honey
Is just say yes to me
Just say yes to me honey
Just say yes to me
Just say yes to me honey
And give up your integrity
My bank accounts bigger
Than the houses I own
Bigger than all three
Live in maids clean all day
To give us more time to be free
Well go out every night
Where you can show off all your
New clothes and expensive jewelry
And all you have to do honey is
Just say yes to me
Just say yes to me honey
Just say yes to me
Just say yes to me honey
And give up your dignity
Damiano 1982
As soon as Mr. Hammond finished reading the song, he quickly and frantically looked at me and asked if I was a college graduate. I answered “no.” At that point I knew I had passed the audition. It was general knowledge that Mr. Hammond would rather not work with anyone who was schooled. He’d rather work with raw talent.
After he read the song I proceeded to play four songs for him. One of which was “Living Proof.” When the audition ended we all shook hands again and Mr. Hammond walked through the door to his office. Allen and I waited for a couple of minutes when Mikie came back into the room.
The look on her face when she walked back in said it all. It was a look of amazement and confusion. Mr. Hammond auditioned quite a few musicians throughout the year. It would be an understatement to say that an exceedingly small percentage of people passed Mr. Hammond’s auditions.
The odds of impressing Mr. Hammond were, colossally low, close to impossible. It was evident by the look on Mikie’s face that whatever Mr. Hammond told her in his office immediately after the audition, made her realize that I had passed the audition. She probably had a hard time believing that I beat the odds since she had witnessed so many who never did.
She came out and said with a proud look on her face “Mr. Hammond said to keep working on the songs and that he would like to see you in a couple of months.” She was gleaming with pride. After all, she was the one who discovered me. The song below was one of the four songs I played at the audition
Sometimes I like to sit and think
It’s something I seldom do
And I hope like hell
Hell ain’t like when
The shower turns cold on you
This feeling I fight
Inside my soul
Makes no sense to me
And the only thing
That makes any sense at all
Is a sense to
Want to believe
So many are forgotten
And It seems like such a shame
So many live with hurt inside
And so many live with no name
I see them when I look
Out the window
On to forty second Street
Running around
With their dusty memories
And no hopes of anyone to meet
And I can’t help but wonder
Why’s it gotta be this way
One day here
Gone the next
Then there’s nothin left to say
One day here
Gone the next
Then there’s nothin left to say
Damiano C 1982
1972 Epiphone guitar that I auditioned for Mr. Hammond with
The relationship between Mr. Hammond, CBS Records, Mikie, Tony Tiller and I lasted for ten years and eleven months. In 1982 Mikie sent me a Christmas card stating:
Dear Jim,
"Wishing you a splendid Christmas and a most prosperous New Year." (signed) - Love Mikie, Randy, Duke and Nikkie too. December 1982.
Christmas card from Mikie 1982
Mikie invited me to stay at her home for weeks at a time where I wrote and experimented with songs on her baby grand piano. She would ultimately critique the songs.
I put some musicians together and we started rehearsing the songs. We did some studio work with Ernest Boom Carter who played the drums on Springsteen's “Born to Run.” To this day I think Boom's most brilliant drum track he ever recorded was on “Pain In My Heart”, a song I wrote that he recorded the drum track on.
My lead guitarist was Jimmy Voltaggio. His playing was insanely electrifying. Jimmy’s uncle was a musician who would play for President Kennedy at the White House. Jimmy’s cousin Joey “Voltaggio” also played with us. Out of all the musician’s in Asbury Park NJ Joey was chosen to be the house act for The Berkeley Carteret Hotel partially owned by Johnny Cash.
“Where are You Jesus” was a song I wrote and recorded in the late 70’s right before Dylan’s Reborn / Christian period.
“It might be the devil or it might be the Lord but you're going to have to serve somebody”….Bob Dylan
I’m a little bit frighten
But I keep on fightin
I keep on punching back
Everywhere I go
Someone throws
Another major attack
My lifes a mess
My worlds possessed
With doubt confusion and pain
Been reborn
Through the storm
And baptized in acid rain
And I was only tryin
To keep myself from cryin
Well the Devil must
Be the blame
Where are you Jesus
It’s about time
You claim your honor to fame
Where are you Jesus
It’s about time
You claim your honor to fame
It could all end tomorrow
So why not live for today
I'll leave you with all the sorrow
Just as long as you promise
To pray
Cause what good is a man
Who needs love that bad
Can't you understand
It doesn't have to bet this sad
And I was only tryin
To keep myself from cryin
Well The Devil Must
Be The Blame
Where Are You Jesus
It's About Time
You Claim Your Honor To Fame
Where Are You Jesus
It's About Time
You Claim Your Honor To Fame
And I Was Was Only Tryin
To Keep Myself From Cryin
Well The Devil Must Be The Blame
Where Are You Jesus
It's About Time
You Claim Your Honor To Fame
No one makes love
As good as God
Well the devil must be the blame
Where are you Jesus
It’s about Time
You claim your honor to fame
One day Jimmy and I were standing in front of the Blue Note in Greenwich Village when Jimmy suddenly pointed over at a person and said “That’s Jaco Pastorius.” We had just gotten out of the studio and had a superclean copy of “Pain in my Heart” and “Where Are You Jesus” loaded in the Walkman.
Jimmy walked over to Jaco and said “Jaco listen to this” as he put the earphones on Jaco’s ears. Jaco listened for about thirty seconds with an intense serious look on his face. Then all of a sudden Jaco got this enormous smile on his face and just started walking down the street with the earphones on.
We followed him all over the village as he would walk around for hours at a time feeding the homeless, never once taking the headphones off. When the batteries died he would stop and turn to us, hold out the Walkman and make a gesture to replace batteries. After we put the new batteries in the Walkman Jaco would continue on his mission. Jaco didn’t speak a great deal. He mostly gestured with his body movement.
I was at the time traveling back and forth from the Jersey shore to New York by bus when Jaco said to me “Just stay here.” He was living on Jones Street in the village.
When he went to sleep, he would put the walkman next to him. As soon as he woke he would put the earphones back on and keep them on all day listening to my music over and over again.
I started learning a lot about who Jaco really was. Although it may not have been officially published anywhere I started to realize that other than Miles Davis, Jaco was probably the most highly acclaimed musician in the world.
During his teens, he played bass guitar for Wayne Cochran and the C.C. Riders. In the early 1970s, Pastorius taught bass at the University of Miami, where he befriended jazz guitarist Pat Metheny, who was on the University of Miami's faculty.
With Paul Bley and Bruce Ditmas, Pastorius and Metheny recorded an untitled album of Jaco in 1974. Pastorius then played on Metheny's debut album, “Bright Size Life” in 1976.
Jaco recorded his debut solo album, “Jaco Pastorius” on Epic Records in 1976 with Michael Brecker, Randy Brecker, Herbie Hancock, Hubert Laws, Sam & Dave, David Sanborn, and Wayne Shorter.
I kept on writing, rehearsing and recording songs. All of which I and the guys in my band had brought up to Mikie and Mr. Hammond at CBS.
The entrance to CBS
The elevators after the renovation
CBS Black Rock Building 51 W 52 St New York
For eight years every night after a long work day I would start writing melodies by taking the guitar and playing for hours. I would record the sessions. Then the next day while at work I would listen to what I recorded the previous night.
As I listen to the recording I would pick out certain sections of the recording that I would be able to elablorate on and try to turn it into a song. If I concluded that it would be worth working on and that it had potential I would then teach it to other musicians and we would rehearse it. After the other musicicans knew the songs well enough we would then record it.
After recording the different tracks on the song we would then produce it (mix it on the soundboard). It was an enormous amount of work and very difficult when trying to fit it into a working schedule. All of this was done while holding down a full time job. All the while I was traveling back and forth from the Jersey shore to CBS in New York and Leonia NJ where Bob Dylan's producer lived.
After acquiring my songs for eight and a half years and realizing Mr. Hammond was nearing the end of his life, Mikie wrote me the following letter meant to protect CBS. I contend that a good majority of what Mikie stated in the following letter was worded to be misleading. I had to assume she was just following orders.
On June 15, 1987 Mikie wrote a letter to me stating;
Dear Jim:
Thanks for 'sharing' your lyrics / poetry with me. To me, your work represents a lot of time and effort but, from an artistic point of view, I feel that it is representative of poetry rather than a song in today's commercial market of music.
Since no tape accompanied the words, I have no way of knowing what your ideas are with regard to the music.
I just wish that there was some way for me to be of help to you, but with things the way they are, especially regarding Mr. Hammond's health, my hands are tied.
Our office has (at least since I've been associated with John) been actively involved with publishing, which is something I suggested you try to your material several years ago.
I still maintain that this is the best route for you. Publishers can reach major artists and guide you with regard to your material.
On the basis of the material that you have just now presented to me, I think it might stand a stronger chance of being recognized as a volume of straight poetry rather than songs.
Because of Mr. Hammond's policy with regard to his relationships with artists he has worked with, I will not be able to present your material to Bob Dylan.
Jim, I wish you the best ( but surely you know this by now after all these years ) and I'm only sorry that our office can't be of assistance to you. T
ake care……Mikie.
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
On July 19th 1987 John Hammond Sr. passed away
When I received the June 15th, 1987 letter from Mikie Harris stating that she could not be of assistance to me, I called CBS and asked to speak to her. A man answered the phone and told me that Mikie was at the hospital with Mr. Hammond. His name was Tony Tiller and he said that he was watching over Mr. Hammond’s office while Mikie was out.
Mr. Tiller then asked me if I was the person who wrote the material on Mr. Hammond' s desk. I asked him what material he was referring to and he replied, ”the songs in the big black notebook”. I replied “Yes” and we started to converse about the songs.
We started meeting or corresponding over the phone as Mikie and I had and Anthony started inviting me to parties in New York that other CBS people would attend.
After Mr. Hammond died Mikie told me she was given two weeks to clear out all of Mr. Hammond’s business affairs.
Anyone with any intelligence would know that it would be absolutely impossible to close out Mr. Hammond’s legacy in two weeks.
The only possible logical conclusion was that after Mikie did leave CBS, approximately two weeks after Mr. Hammond's death, she had asked Tony Tiller to advocate to CBS on behalf of the artists who were John Hammond affiliates, since she would no longer have that opportunity.
After Mr. Hammond’s death, whenever I called Mr. Hammond’s office Tony Tiller would answer Hammond’s line. After Mikie left CBS Tony Tiller and I would continue in the same fashion as the relationship between Mikie and I.
The people in this industry had a way of making you feel as if you were very extraordinary. They portrayed a level of respect for you that was exceedingly evident. There was no way you could not feel it.
It however was a real struggle trying to juggle life, music, work and survival. My cousin Joanne knew it was difficult. She constantly kept telling me not to give up so one night I wrote a song about her. It was a song that at first I recorded at home on my cassette deck.
When I played it for Tony he loved it and said to me “We have to do this in a professional studio.” He said “You need some professional demos of your music.” The only problem is professional recording studios cost $200.00 per hour. And a twenty four track recording would cost a great deal of money which I didn’t have.
I went to my boss Mohammad Marhoumy and I played him the song and he liked it. Then I asked him if he would finance the project which was approximately ten thousand dollars. Initially he said “No,” passing on the project. Then I asked him “What if I could introduce you to an executive at CBS Records in New York who is interested in my music?” He went on to say “Set up the meeting.”
The following video reveals what Mr. Tiller testified to
The following video is a small part of Mohammads testimony
The following song "My Cousin Joanne" that Mohmmad testified about can be heard in the video below
"Another Justification" was recorded in the same session as "My Cousin Joanne"
Two months after the Jones Beach concert Tony Tiller called me and asked meif 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 he would get me tickets. I told him that I would go since it was so close to where I was living.
From a Broken Heart
A brilliant mind
Gone to waste
Destroyed by the power
Of a greedy mans haste
Could have used glue
But they only used paste
A brilliant mind
Gone to waste
Honest about
The lies he tells
Lies about
The religion
He sells
Blackwell Street
Tempers flare at midnight
Down on Blackwell Street
No one really gives a damn
Cept for Johnny
Who’s walkin the beat
No one understand it
The answers not within their reach
When tempers flare at midnight
Down on Blackwell Street
Train rolls into the station
Pedro’s got his gun
Knows if He’s got to use it
It’ll be fifty years on the run
Steps into the shadows
As the train pulls away
See the figure of a man
Standing there
Afraid to say
Strolls on over to greet him
Nods to him a sign
Waits for him to answer
His words condone the crime
Looks back over his shoulder
Out the corner of his eye
Contemplates the odds of getting away
Just one more time
Tempers flare at midnight
Down on Blackwell Street
No one really gives a damn
Cept for Johnny
Who’s walkin the beat
No one understand it
The answers not within their reach
When tempers flare at midnight
Down on Blackwell Street
When James Damiano moved to North Carolina Dylan's people became uneasy. At that point they gave James Dylan's personal Post Office Bob to send songs to.
Don't ever let anyone tell you
You don't know what you're talkin about
It was you alone who fought
Mighty Battles
You alone fought
Horrendous bouts
Don't ever let anyone tell you
You don't know what you're talkin about
You alone were the victor
You alone knew know doubts
What do you have without faith
Without faith
You have nothin
You searched your whole life for a
Meaning
A meaning that might mean
Something
Somewhere in the
Back of your mine
Somewhere
Down the line
Someday
You may
Do someone kind
Somewhere in the back of
Your mind you may recall
If you never learned to
Live your faith
It's not faith
At all
James Damiano should not have to waste his time, money and resources on attorneys or litigation. The court should simply evaluate the damages inflicted on James Damiano by defaming him to the world and provide James with an equitable conclusion.
This website is being constructed the month of July, 2024. The information contained in this website has been copied from other websites owned and published by James Damiano. Said websites have been published and present on the internet for the past twenty-seven years.
The discovery materials that fall under Judge Rosen's confidentiality order are listed as follows:
Discovery materials included 50 hours of videotaped depositions (all of which incriminated Bob Dylan), 132 answers to defendant Bob Dylan's 132 questions of interrogatories, a one thousand (1000) page chronological plaintiffs statement displaying the true facts of the case, eleven years of documented correspondence between James Damiano, CBS, Sony and Bob Dylan's management and entourage, a corroborated scholarly music analysis of a Grammy nominated song from a Harvard graduated musicologist with a doctorate who claimed both Damiano's and Dylan's songs bare the "exact melodic arc", blatant published admissions of guilt by Bob Dylan, and the definitive verifiable documented record of the United States Federal District Court of New Jersey's flagrant and irrefutable fraud upon the court committed by the court and documented to the record of the court by the court.
To Springsteen however it was all a chess game and he knew how to play it well. His first move was to not recognize Damiano. He was number one behind Dylan and he would try as hard as he could to make it stay that way. That’s what Springsteen thinks it’s all about but there’s so much more to it. When you review Springsteen’s career he hasn’t really said much. Poor man wanna be rich, rich man wanna be king and a king ain't satisfied till he rules everything. Well now Bruce is a king so much that he sits with the kings. Yeah Springsteen wanted to control it all and he did. He was very good at enriching himself. And just like Dylan he kept it all for himself the money and the power.
Please don’t get me wrong, I love Springsteen's music. I hold Springsteen’s second album “The Wild, the Innocent & the E Street Shuffle as seminal and groundbreaking as Sgt. Pepper's Lonely Hearts Club Band. It must hurt Bruce that his fan base doesn’t recognize it or that there are not many comparisons of the two albums on the internet or in the mainstream media. And then there’s “Darkness On The Edge of Town” . It would be impossible for me to believe that the Darkness album will ever be forgotten. Every song on the album was phenomenal in my opinion and the album as a whole is to me as new as the day it was released. I can listen to it over and over again any day of the month and any season of the year. The album is so memorable and gratifying it’s beyond my comprehension.
After hearing “ Spirits in the Night” from the first album. It was obvious Bruce was a genius from the start.
Someday maybe
You'll be able to tell
The greatest story
Say the greatest line
Give the greatest performance
Find the greatest find
On March 14 1996 Judge Joel B. Rosen granted Bob Dylan a confidentiality order for all discovery materials to be designated as confidential.
Bruce Springsteen / James Damiano / Living Proof
