by Mike Masnick
Wed, Jun 30th 2010 10:55am
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.
If you liked this post, you may also be interested in...
- EU Advocate General Declares That Hotels Don't Need To Pay Copyright License To Have In-Room Television
- Hollywood Accounting Back In Court: How Has Spinal Tap Only Earned $81 In Merchandise Sales For Its Creators?
- Off We Go: Oracle Officially Appeals Google's Fair Use Win
- The Reason The Copyright Office Misrepresented Copyright Law To The FCC: Hollywood Told It To
- Free Open Shared: A Conversation With Me About Copyright At Wikimedia