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"Eleven Years"

JAMES DAMIANO VS. BOB DYLAN & SONY MUSIC ENTERTAINMENT INC.
CIVIL # 95-4795 JBS
COPYRIGHT INFRINGEMENT:

For litigation update page go to link below: http://www.themusicvine.com/xi/citizen/home/users.rage?user=JAGGAR_VIRT34385

Bob Dylan's surreptitious solicitation of James Damiano's songs warrants a mandate for justice to be corrected."

Library of Congress registration number TXU 547-786

A paramount signature
of what has become of the United States
Judicial System

Special thanks to Richard Frankel
of
Richard Frankel Productions & Smokey Joe's Cafe.

"Bob Dylan's surreptitious solicitation of James Damiano's songs warrants a mandate for justice to be corrected."

Library of Congress registration number TXU 547-786

Dedicated to all my friends and Herb

All rights of performance, professional and amateur are strictly reserved. Includes all material printed in this composition (Eleven Years)
Request for permission of use should be addressed to publisher at

James_Damiano@excite.com
Copyright December 7, 1992

Truth knows no bias

After four years, fifty hours of depositions, and after three million
dollars has been spent on this litigation there has not been a counter-suit filed by Bob Dylan and or Sony Music Entertainment

This website declaration was posted on the world wide internet for two years and two months and defendants still to this date, November 8, 1999 have not contested the issues of facts or the issues of solicitation by defendants of plaintiffs songs cited in this

website declaration.
This website
has been edited
to comply with the
Honorable
Judge Joel B. Rosen's
confidentiality order designating
all discovery
materials in this law suit
as confidential

Chapter 1

DECLARATION OF JAMES DAMIANO

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
JAMES DAMIANO
VS.
BOB DYLAN &
SONY MUSIC ENTERTAINMENT INC.
Civil # 95 - 4795 (jbs)
1979

James Damiano pursuant to 28 U.S.C. Sec. 1746, declares under penalty of perjury that:
Years ago I 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. His name was John Hammond, Sr. He was family to
the Vanderbilts, Attended Yale law school, the most sought after record producer in the United States, and had signed Pete Seeger to Columbia
Records 1960.
In fact John Hammond Sr. was and probably will always be considered the most influential music executive in the world by music industry professionals. After years of working in the music industry, Mr. Hammond established
himself as a legend and accomplished a reputation as having the best ears in the business by signing a fascinating number of legendary artists to the record world.
Artists like Billy Holiday, Count Basie, Charlie Christian, Duke Ellington, Aretha Franklin, George Benson, Bob Dylan, Bruce Springsteen along with many other artists including Stevie Ray Vaughan were John Hammond affiliates. Inspired by the book I read, I decided to take a long shot and 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 Mikie Harris answered the phone.
I told Mikie that I was a lyricist 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 liked the lyric.
I in turn did not want to push to hard on the first phone call fearing that
I might put her behind schedule, so I tried to inch my way out of the conversation politely while trying not to show my emotions but before the conversation ended between Mikie and me, she made it explicit that she
wanted me to call again. She repeatedly told me to feel free to call her there at the office. So began a relationship where we would converse through actual meetings or correspond over the phone, that lasted close to seven and a half years.
Mikie told me that her name would be appearing in the credits on Stevie Ray Vaughan's album that was released in 1983. When the album was released it listed John Hammond Sr. As Executive producer and Mikie Harris as Production Assistant
Stevie Ray Vaughan later recorded on Bob Dylan's "Under the Red Sky" album, released in 1990.

1982
Chapter 2
I (James Damiano) registered my first copyright with the Library of Congress in Washington DC. In 1982. The library registration number is PAU 409-107, Titled Collective songs by James Damiano. The computer print out of the registration describes the registration as lyric sheets and one Cassette tape. This tape included Dylan's 1994 hit song "Dignity" { Lyrical hook and melody line }

In 1994 Bob Dylan released a song titled "Dignity" who he claims to have independently written.
Dylan's copyright produced in this litigation by his attorneys states that Dylan's first registration made to the Library of Congress was December 5th, 1991.
Since the beginning of my involvement with Mikie, I had been sending her tapes that I recorded at home on my cassette deck. After of about a year and a half of talking on the phone, sending lyric sheets of my songs to Mikie as well as bringing cassettes with my music up to her at CBS Records, Mikie asked me if I would like to audition for Mr. Hammond.
None of my songs at that time had been recorded in a professional recording studio.
I accepted the invitation to audition for Mr. Hammond and 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. I started practicing fifteen hours a day seven days
a week. The three months seemed like forever.
The morning of the audition Mikie called me and told me that she would have to cancel the audition. I told her that I couldn't believe what she was telling me. She knew I quit my job three months prior, to practice for the audition. Finally after while she told me that she wanted to keep it out of the news and that Mr. Hammond was in the hospital. 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 resheduled the audition for a few months from that date. I was excited and called a person who I was working with at the time named Allen LeWinter.
Allen worked with Don Kirshner and was associated with the band Kansas.
Allen and his wife were living in a beautiful high rise condo on the East side. I loved going up there. They had a spectacular view from their
balcony, and gold Kansas albums hanging on the wall.
Allen told me that his wife wrote scripts for soap operas.
Allen was a cool guy, well mannered, polite, modest, just your all around classy person. Kind of an artistic guy who's greatest attribute was his sincerity.
It seemed , Allen's job was to seek out talant in the suburbs. Everything else goes without saying. Allen respected Mr. Hammond immensly and was looking forward to going to the audition with me.
When I told Allen that the audition was back on we made arrangements for me to pick him up at his condo 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." I was all practiced out, Icouldn't practice anymore, so I read the book.
The book put me in semi-shock. It identified Mr. Hammond as the most influencial music executive in the world.
The days counted down to three nights before the audition and I could'nt not sleep. The following night I couldn't sleep, till finally the night before. It was twelve midnight the night before. I laid in bed trying to go to sleep but still could not It seemed impossible. My adrenalin wouldn't stop
pumping.
One A.M. rolled around, I was still wide awake and I hadn't slept in a
couple days. Around two thirty I went downstairs grabbed a bottle of
tequilla and started drinking. Within a half hour I finally fell asleep.
The audition was for eleven oclock in the morning. I woke at seven, jumped
in the car, drove to New York, picked up Allen and we drove cross town to
the audition. We parked the car, I grabbed my guitar and we started to walk to Mr. Hammond's office when I started feeling ill.
Allen quickly started trying to help me pull myself together with words of support, by calmly saying "You can do this " while I was thinking "he must
be crazy, he doesn't understand how sick I feel" anyway I had no other alternative but to believe what Allen was saying to me and to simply pull myself together.
We entered the building and 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. When we got to the office Mikie was waiting and quickly asked me if I'd like to tune my guitar. I said yes and she brought me down 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 records on." My first reaction was " Now that's a dose of reality not to many musicians could swallow." and with that thought I had to wonder what she expected from me.
My second reaction was "Now that's inspiration.
I started tuning the guitar, when all of a sudden a string broke. I put down the quitar and said to Allen I'll be right back. I jumped up, ran down the stairs, stopped at the receptionist and asked her to get me some packets of salt, I ran a couple blocks down to the car and asked the valet where my car was. He pointed me to it and I ran down and grabbed a case that had guitar strings in it.
I ran back to the building , and as I ran past the receptionis she handed me the salt, I ran back up the stairs, put on the string, tuned the guitar, lic ked some salt and followed Mikie back up to Mr. Hammond's office .
Mikie told Allen and me to have a seat and that Mr. Hammond would be in in a couple minutes. We waited a few minutes, then Mr. Hammond walked in. Mikie introduced us. We all shook hands, Mr. Hammond sat down at his desk and started out the conversation with a comment about Bruce Springsteen. We talked for a while and Mr. Hammond asked to hear one of my songs.
I played four songs for Mr. Hammond. One of which was titled "Living Proof." Mr. Hammond also read a song of mine that when I handed it to him I
explained that I had written the song on an electric guitar and that since I only had an acoustic guitar with me, that I'd rather not try to play it. Mr. Hammond politely understood and said that he would like to hear it with
music after it was recorded.
The song that Mr. Hammond read was untitled at the time but identified with two separate names. The first identification of this song was "Just say yes to me" the second was "Dignity". I copyrighted this song with the Library of Congress in 1982.
Twelve years later Bob Dylan was nominated for a Grammy for a song titled "Dignity" released on his 1994 Bob Dylan's Greatest Hit's album and also on his MTV Bob Dylan Unplugged album.
The relationship between Mr.Hammond, CBS Records, Mikie , and myself continued for over Eleven Years. I kept submitting material. Musicians that
I was playing with at the time would come up to CBS Records with me when I went to bring new songs that I had written up to Mikie.

Chapter 3
1982 [later that year]
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.

{Plaintiff's attorney Steven M. Kramer refused to produce this Christmas
card to the court]

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 all the while submitting
more and more material to her.

1986
I met Danny Gallagher in 1986. Danny was in one of Bruce Springsteen's first original bands "Doctor Zoom and the Atomic Boom". Rumor has it that Springsteen was sleeping on Danny's couch when he got signed to CBS Records. Nevertheless Danny and Springsteen still remain friends as of today {August 5th 1997.}.
Danny was a great steel guitar player. I asked Danny if he would put a steel guitar track on "Steal Guitars" and he agreed to do so. He also told me he that had a friend named Mario who played a great electric guitar and who did some touring with members of the New Riders of the Purple Sage.
Danny set up the recording session at Mario's home, we set up the equipment and recorded "Steel Guitars."
Danny Gallagher who recorded the dobro guitar track on James Damiano's song "Steel Guitars" signed a declarartion that he recorded the steel guitar
track on James Damiano's song "Steel Guitars" in 1986.
{My attorney Steven M. Kramer refused to submit Danny Gallagher's
Declaration to the court, untill the reconsideration motion. }
Danny's declaration has been designated as confidential by Judge Rosen and Judge Simandle and has been deleted from this website.

Mario Phillips a musician who recorded the electric guitar track on "Steel Guitars" during the same recording session with Danny Gallagher and James Damiano also signed a declaration stating that he played an electric guitar track on "Steel Guitars" during the same recording session.
On June 6th 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. Take care..Mikie

This is the letter I received after Mikie took my songs for seven and a half years.
{ My attorney Steven M. Kramer never produced this actual letter to the
court }
{Mikie Harris was never deposed in this litigation }

When I (James Damiano ) received the June 15th, 1987 letter from Mikie
Harris stating that she could not be of assistance to me, I called her at
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 the 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. He told me that he liked them and invited me up to CBS to meet with him. Tony showed a great deal of enthusiam for my material. 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.
I brought a sound engineer Phil Pfisterer that I had worked with in the studio to one of Tony's parties. Not long after this, Phil started working
in the studio with Mr. Tiller on a musical project that Tony Tiller was producing. Scott Patterson an associated of Mr. Pfisterer testified in this litigation.
I was directed by order of Judge Simandle to remove Mr. Patterson's
testimony from this website, because it is designated as confidential under Judge Rosen's order for confidentiality.
Scott met Tony Tiller through Phil Pfisterer and met Mikie Harris at a party at Tony's home in New York.
July 10th, 1987
July 10th, 1987 Tony Tiller asked me If I would like to submit material to Bob Dylan. I told him sure I would. He told me to mail the songs to Dylan at the Meadowlands Arena in East Rutherford New Jersey. I mailed them certified mail with return receipt requested. Produced during discovery in this litigation is Exhibit # 27 a certified mail receipt sent to Bob Dylan at the Meadowlands Arena Route 20, East Rutherford New Jersey. The date of this receipt is July 10th, 1987. On the same day July 10th, 1987 John Hammond.
Sr. passed away.
A few weeks later Tony Tiller told me that he went to the Memorial service for Mr. Hammond and that he manned the door at the church making certain
that everyone signed the quest log. He said Bob Dylan was did not attend and that Bruce Springsteen was there.
January 1st, 1988
On other occasions certified packages with return address required had been sent to Elliot Mintz in Beverly Hills who is a ten year associate of Bob Dylan
In January 1988 , I started recording at Broccoli Rabe studios in Fairfield New Jersey. Among the songs " My Cousin JoAnn" and "Another Justification"
is an instrumental song titled "Steel Guitars". The melody line of "Steel Guitars"which is analyzed in a comparative analysis to Bob Dylan's recording of "Dignity" by both Jon Bob Jovi's piano teacher Harold Frazee and Harvard University musicologist, Dr. Paul Green.
Plaintiff has been directed by Judge Simandle to delete Doctor Green's analysis from this website.
Produced in this litigation is part of the contract with Broccoli Rabe studios and Mohammad Marhoumy who is a private investor for the Damiano project.
For seven years I had been submitting low budget studio projects and home recorded tapes to CBS. Tony Tiller told me that I needed to produce a more high quality recording. I approached a friend of mine who was my boss Mohammad Marhoumy and asked him to put up the money. I told him that I had been working with CBS for years. I told Mo that if he didn't believe me that he could talk to Tony himself. Mr. Marhoumy told me to set up the meeting. I called Tony Tiller set up the meeting andf Mo and I went up and met Mr. Tiller at the CBS Building. After the meeting Mo put up the money for the project. During the meeting Mr. Tiller told Mr. Marhouny that Bob Dylan was receiving James Damiano's materials. Mr. Marhoumy's testimony had to be deleted from this site and cannot be displayed because of Judge Rosen's confidentiality order.
May 1st, 1988Damiano's second copyright with the Library of Congress was registered on May lst, 1988. Registration # PAU 1-103-561. The last song on side B contained a song that would later be analyzed and compared to a song released by Bob Dylan titled "Dignity".

For James Damiano vs. Bob Dylan infringement update
Click on link below

see also http://_dylan_.homestead.com/

For James Damiano vs. Bob Dylan infringement update
Click on link below

see also http://_dylan_.homestead.com/

In a last nail in the coffin scenario James Damiano's movie "Eleven Years" draws the straw that breaks the camels back, rivets Bob Dylan to his secret past of plagiarism and rewrites musical history"......The New York Times


Bob Dylan's Stealing of James Damiano's Songs

http://christinejustice.yolasite.com/

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