Sign up for newsletter
 

Jerry Jeff Walker sues Palo Duro Records

Monday, November 13, 2006 – Jerry Jeff Walker sued Palo Duro Records earlier this month for including five songs he penned in a live album.

The label has defended its actions in releasing "Viva! Terlingua! Nuevo! (Songs of Luckenbach Texas)" Oct. 24.

Over two nights in January, Palo Duro Records, in collaboration with Luckenbach Texas, staged a celebration of the musical history of Luckenbach and recorded live performances by 36 well-known Texas musicians of 14 songs from various songwriters from the 1970s.

They included Gary P. Nunn, Ray Wylie Hubbard, Guy Clark, Willie Nelson, Waylon Jennings and Walker.

On Nov. 1, Walker individually and doing business as Groper Music, filed suit in Austin against Palo Duro. He sought to stop release of cover versions written by him that are on the CD.

According to Palo Duro, the complaint alleges copyright infringement and requests that all copies of the album be gathered and impounded. He also claims misappropriation of his identity and false advertising.

"Palo Duro Records takes the allegations very seriously and plans to aggressively defend itself," said label head Chris Thomas.

Section 115 of the Federal copyright law allows for anyone giving proper notice to record, manufacture and distribute a musical composition without consent from the owner after it has been previously released to the public, according to Thomas. "Palo Duro believes it provided proper and timely notification of its intent to include the five songs owned by Mr. Walker on "Viva! Terlingua! Nuevo! (Songs of Luckenbach Texas)," and further believes it met the criteria necessary to legally obtain the compulsory licenses as prescribed by federal law. Owners of all other songs on the album willingly granted licenses for their use," Thomas said. He said the claims of false advertising and misappropriation of Walker's identity were "without merit. His likeness is used nowhere on or in the packaging, advertising or promotion of the record. The only reference to him is as a writer of the songs he composed; for this purpose his name is printed inside the album packaging in the same size type and manner as all other songwriters who are credited on the album. The photographs, artwork, names and logos contained on the packaging are different from his previous two albums, and the rights to use them were acquired from the appropriate copyright and trademark owners." Due to the suit, all commercial distribution of the disc were suspended until further notice. Thomas said, "As with all lawsuits, the issues being raised may take some time to resolve. Palo Duro Records is firmly committed to this project, to the Luckenbach Texas Music Series, and to the rights of all artists to lawfully record, distribute and promote the songs of other songwriters as specifically provided for under federal copyright law. We are confident of our actions, and intend to vigorously defend our position in court on the fastest possible time line allowed by law."

More news for Jerry Jeff Walker

CD reviews for Jerry Jeff Walker

Moon Child
In the liner notes to this ballad-heavy collection, Jerry Jeff Walker denigrates, in startlingly harsh terms, a 1978 cover he did of I'll Be Your San Antone Rose. Maybe it's just marketing. The earlier album, "Too Old to Change," has been discontinued, while "Moon Child" must make its way in a harsh new music world in which it is only available as a download. Once again, San Antone is the high point - more lush here in a duet with Christine Albert than with a »»»
Five Years Gone
Originally released on Atco in 1969, this reissue shows Jerry Jeff Walker in his pre-Austin era when his sound had more in common with the progressive rock and folk of the time than country. The opening "Help Me Now," as well as "Janet Says" and "About Her Eyes,"recall the mellow side of the Velvet Underground, both lyrically and in Walker'svocal similarity to Lou Reed. "Blues in the Night" and "Dead Men Got No Dreams" display a folk rock influence, while closing track "Born to Dance and Sing" »»»
Gypsy Songman
As one of the premier singer/songwriters of progressive country for over three decades, Jerry Jeff Walker's latest collection of primarily remakes is appropiately sub-titled "A Life In Song." With the aid of co-producer Lloyd Maines on steel guitar and dobro and Richard Bowden on fiddle and mandolin Walker revisits some of his favorite tunes from the past, plus a few new compositions. Most cuts are delivered in his familiar country-folk ballad style. "That BeatUp Old Guitar," in which he fondly »»»
Editorial: Walking the talk – When names like Hank Williams, Johnny Cash, Waylon and the Hag are invoked, you're talking hard core country. These are the touchstones of country , the guys who made country music what it was and still is (or maybe can be). When these folks would sing about being down-and-out and the rough-and-tumble, they knew of what they were singing about. Fast forward a few years to the country singers of today. »»»
Concert Review: LSD tour provides a lot of highs – This was not your grandkids' country, that's for sure. Even the name of the tour - the LSD Tour - was a throwback (albeit far before the principals were making music). But make no mistake about it. With the ever cool country traditionalist Dwight Yoakam, the country with some rock and blues and rabble rousing of Steve Earle thrown in and the... »»»
Concert Review: Alvin, Gilmore fortunately get together – Dave Alvin and Jimmie Dale Gilmore had known each other for decades, but it wasn't until last year that they toured together in a guitar pull setting. What started as a small Texas tour mushroomed into points east and west and eventually the release earlier this month of their blues-based disc, "Downey to Lubbock." And now we have the... »»»
Follow Country Standard Time  Subscribe to Country News Digest  Follow Country Standard Time on twitter  Visit Country Standard Time on Facebook 

Elsewhere in the news

Currently at the CST blogs

Tyminski goes dark Dan Tyminski (known simply as "Tyminski" on his 2017 release "Southern Gothic") has traditional music roots and unassailable bluegrass street cred especially given his membership in Alison Krauss' Union Station. He is also a powerful songwriter and has been writing songs for himself and others for years now.... »»»
Washburn, Fleck create "Echoes" Bela Fleck and Abigail Washburn have powerhouse individual talents; each has followed an estimable career path to where they find themselves today: making complex, but spare, records, writing music together and touring with their son Juno. Their new release, "Echoes In The Valley" features mostly songs written by Fleck and Washburn, banjos, Washburn's strong vocals and very little else.... »»»
Hillman bides his time Legends don't come any more legendary than Chris Hillman. The roll call of bands that comprises Hillman's half century in music reads like a wing exhibit at the Rock & Roll Hall of Fame; Byrds, Flying Burrito Brothers, Manassas, the Souther Hillman Furay Band, the Desert Rose Band,... »»»
Bigger CD review - Bigger
Sugarland is back with "Bigger," its first studio album in nearly a decade. And its arrival says more about branding, than anything else. Although his voice is heard often enough on this album to make his presence felt, it's still difficult to get away from seeing Kristian Bush in the Oates to Hall or Ridgeley to Michael role in this duo.  »»»
This One's For You Too CD review - This One's For You Too
Luke Combs has gotten a lot of life out of his album "This One's for You," which includes his breakthrough hit "Hurricane," as well as the popular single "When It Rains It Pours." This deluxe edition includes five new tracks, many of which are just as strong as the original 12.  »»»
Things Change CD review - Things Change
There may be no other CD title this year quite as apropos as this one. Things have indeed changed for American Aquarium since their previous studio album (2015's underrated "Wolves"). For one thing 80 per cent of the band quit, leaving only lead vocalist and songwriter BJ Barham. »»»
Dancing With The Beast CD review - Dancing With The Beast
Informed by the renewed strength of today's woman's movement, particularly in light of recent cultural social and political upheavals, Gretchen Peters' "Dancing With the Beast" finds her sharing stories about loss, struggle, upheaval, tragedy and turmoil in ways that resonate with a common bond, though told from a woman's perspective. »»»
Hard Times Are Relative CD review - Hard Times Are Relative
Jason Boland and The Stragglers serve up the ninth helping of their unapologetic, get it or not, country, in the past 20 years. This appears to almost be two EP's with the first mostly being a hard country dance cd and the second being a little more "out there" mix of fun and contemplative tunes, much less easy to categorize. »»»
Life is Good on the Open Road CD review - Life is Good on the Open Road
After a four-year-break from recording, Duluth, Minn. sextet Trampled By Turtles return with its eighth studio release of edgy bluegrass and Indie folk/rock. Lead singer Dave Simonett wrote all of the mostly dark themed lyrics with the lone instrumental that showcases the band's topflight musicianship, "Good Land," credited to bandmate Erik Berry. »»»