Folk Singer Just Notices That Led Zeppelin May Have Copied His Song Forty Years Ago
from the a-bit-late-there dept
Reader Tim DiPaula alerts us to the news that folks singer Jake Holmes is suing Jimmy Page for copyright infringement, claiming that the Led Zeppelin song "Dazed and Confused" is a copy of his own song, of the same name, recorded two years earlier. The TMZ link above has clips from both songs, which certainly have some pretty serious similarities. But what's really amazing, of course, is that Holmes recorded his song in 1967, and Zeppelin did their song in 1969. And Holmes is just noticing now? TMZ notes that copyright law has a three year statute of limitation, saying that this lawsuit can only cover damages from the last three years. But, of course, as with all things copyright law related, it might not be that simple. The courts have been somewhat divided on this, but some interpret the law to say exactly what TMZ says -- that it will only cover infringement from the past three years. However, others have interpreted it to mean that it's only three years from the last infringing act. So as long as infringement has been happening all along... some courts will cover that entire period. Of course, you might think that regardless of the statute of limitations issues, Page has a pretty damn good laches claim. Forty plus years to bring the lawsuit? Yeah, the courts might not like that very much.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: copyright, jake holmes, jimmy page, laches, led zeppelin, songs, statute of limitations
Reader Comments
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i expect something like a summary dismissal as 'too late'.
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Wish they would go away...
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I thought copyright lasted for life + 40 years (or something)?
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I still love Zep but I have much less respect for Page as a songwriter.
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TMZ notes that copyright law has a three year statute of limitation
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I've heard people bitching that the songs aren't theirs for years and years. How is this guy just finding out about it now?
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I'm not so sure that Led Zep I did anything of the sort, to tell you the truth. Psychedlia was well established before the album appeared in North America.
What the record did do was to establish the sound of heavy British blues, something The Yardbirds had failed at. To some degree they defined it.
Along with the sound and playing of The Kinks and The Who, Led Zeppelin would serve as a model for what became Heavy Metal. For example Deep Purple got it's start as a blues band similar to Zep.
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""Dazed and Confused" is arguably the album's centerpiece: a foreboding arrangement featuring a descending bass line from Jones, heavy drumming from Bonham and some powerful guitar riffs and soloing from Page. It also showcased Page playing guitar with a violin bow (an idea suggested by David McCallum Sr., whom Page had met while doing studio session work).[17] The bowed guitar in the middle section of the song brought psychedelic rock to experimental new heights, especially in extended stage versions, building on Page's earlier renderings of the song during the latter days of The Yardbirds. "Dazed and Confused" would become Led Zeppelin's signature performance piece for years to come."
the yardbirds date back to the mid 60s, well before the date this guy claims the song. want to bet he spent a little time listening to the yardbirds?
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For so long? It's not true....
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The earliest edition of the John Mayall's Bluesbreakers was in 1961 or 62 (I think) and that collection featured the likes of Peter Green, Eric Clapton, Jeff Beck and others before Paige joined up. (Also Mick Fleetwood & John MacVie)
So Paige, as a player has a good pedigree. On the other hand the Bluesbreakers were largely a cover band so songwriting wasn't a strong point of that "school".
(The Stones were heavily influenced by the London based British Blues movement,too.)
The songwriter was likely just as influenced by the Bluesbreakers as he was by The Yardbirds, all of whom were Bluesbreakers grads themselves.
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Dazed and confused.
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Re: Dazed and confused.
Few of them know
Soul of TAM was created below
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there are stories as far back as 2001 about this issue where this guy has been trying to get something done on this.
yes, we are still talking a very lengthy amount of time in that case, but over the last 9 years there are stories about this? with no way of knowing if there are any requests that predate these stories?
clearly does not paint a picture of an almost dead musician whose family is just trying to get a quick payday. that may be playing a minor role in this, but i really dont think thats all there is to it.
i also really dont think they are going to get very far with a lawsuit since page has pretty much admitted that he changed enough to get around the existing copyright laws at the time to not allow for a plagiarism suit... but im not the lawyer so dunno how that would be handled today.
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http://www.boingboing.net/2010/06/30/neighborgoods-borrow.html
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Screeching Weasel hates Led Zeppelin too
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it's true, the book Hammer of the Gods does cover this. But as documented there, Jake Holmes knew they stole it when he saw them live not too long after Page saw him perform the song in a bar. Holmes made no qualms about it -- he said he was going to let them have the song and that there was no harm in it.
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Copyright vs Plagiarism
I thought the copyright only covers the expression of the work (recording, musical score etc). So even if Led Zeppelin did plagiarise the song, as long as they recorded themselves playing it they were not infringing on the copyright of the original recording.
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Zep could have recorded the song and given him credit, paying him writer's royalties, of course. What they did instead was claim that _they_ wrote the song. So all the royalties (performance and writing) went to them.
They did this to a lot of old blues musicians, too.
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They might have plagiarised the song and should have credited Holmes and paid royalties, but I don't see how this situation is considered copyright infringement.
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The music and lyrics are covered by copyright, period. The recording is covered by a separate copyright.
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He might be owed royalties but it seems cheezy to come looking for them after all this time even if Page always was a musical pirate.
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Where did you ever see that? On the first Led Zeppelin album it said "Page/Plant" like all the other songs.
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Whole Lotta Love
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Jimmy Page was in a band w/ Holmes called the Yardbirds. Jake Holmes wrote the song and performed it with page. After the band broke up, Page took an altered version of it to Led Zeppelin. Although, a much better song, the similarities are unmistakable.
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