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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: Daniels wears out bows, but music endures – After each of the first few songs Charlie Daniels played, his 'fiddle tech (?)' exchanged his bow. Is this because he was playing particularly hard? Perhaps. Whatever the case, Daniels and his five-piece band clearly appeared to be giving it their all during the act's hour-and-a-half set. As it is the Christmas month, Daniels sang a... »»»
Concert Review: Rawlings easily moves out of the shadow – Every once in awhile David Rawlings moves out of the shadow of musical mate Gillian Welch to launch his own tour. While Welch, for whom Rawlings plays guitar, has the more prominent career, nights like this ably confirm that there is a reason does his own thing as well. Rawlings, who released the very fine "Poor David's Almanack" in... »»»
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