Jerry Jeff Walker vs. Palo Duro Records
Posted by: cjthomas in Luckenbach Texas, Press Releases
Over two nights in January of 2006, 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, the era that helped put Luckenbach on the map as the inspiration for musicians, songwriters and storytellers such as Gary P. Nunn, Ray Wylie Hubbard, Guy Clark, Jerry Jeff Walker, Willie Nelson and Waylon Jennings. The Palo Duro Records album entitled “Viva! Terlingua! Nuevo! (Songs of Luckenbach Texas)” was released Oct. 24, 2006.
On Nov. 1, 2006, however, Jerry Jeff Walker, individually and d/b/a Groper Music, filed a lawsuit in Austin, Texas, against Palo Duro Records, Ltd. Mr. Walker seeks to stop the release of cover versions of five songs written by him that are performed on the album. His Complaint alleges that the release of the cover versions of the songs constitutes 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. 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; this legal mechanism is known as a Compulsory License. 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.
The claims of false advertising and misappropriation of Mr. Walker’s identity are also 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.
As a result of Mr. Walker’s filing suit, all forms of commercial distribution of “Viva! Terlingua! Nuevo! (Songs of Luckenbach Texas)” have been suspended until further notice. However, because it believes it is in full compliance with the law, Palo Duro also intends to aggressively pursue its right to distribute the album.
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.
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