Yes Sued for Copyright Infringement

[malgeo]

From Rolling Stone:

https://www.rollingstone.com/music/m...it-1235165487/

The gist, copied and pasted:

A new lawsuit alleges members of the legendary progressive rock band Yes used a composition stolen from fellow prog-rock musician Riz Story as the basis for “Dare to Know,” the second single off Yes’ 2021 album The Quest.

The copyright infringement complaint, filed Wednesday in Los Angeles and obtained by Rolling Stone, alleges Jon Davison, the lead singer of Yes since 2012, conspired with guitarist Steve Howe to pilfer protected portions from a song titled “Reunion.” While “Reunion” hasn’t been released as a standalone song, it was featured in A Winter Rose, Story’s 2014 indie movie starring Paul Sorvino, Billy Zane, Taryn Manning, and Edward Furlong.

Story, whose legal name is Rudolph Zahler, alleges Davison was familiar with his music because they met in 1990 through late Foo Fighters drummer Taylor Hawkins and have worked together on-and-off for decades. According to Zahler, he, Davison, and Hawkins played together in the first version of his prog-rock band Anyone when they were in their early twenties.

Zahler alleges he helped Davison audition for his role in Yes and that Davison asked him to co-write songs for Yes in 2013. He claims Davison even agreed to pitch Zahler for a producer role on a Yes album, but that the band ultimately chose a different direction. The lawsuit alleges Davison specifically complimented Zahler on the music he wrote for A Winter Rose, including “Reunion.”

According to the lawsuit, Davison looked to Zahler again when Yes was producing The Quest, though this time he allegedly did it in secret. “Mr. Davison decided to just ‘steal’ Mr. Zahler’s song ‘Reunion’ for the album, rather than getting Mr. Zahler’s permission,” the new lawsuit filed by lawyer Larry J. Caldwell in the Central District of California reads. Zahler claims Davison brought “Reunion” to Howe, and then the men “decided to add lyrics to the music, affix the name ‘Dare to Know’ to the song, and attribute sole songwriting credit to Mr. Howe.” Zahler alleges Davison and Howe “conspired” to conceal their infringement by omitting Davison from the songwriting credits.

[smcfee]

I suppose it's not a surprise Yes would be sued for releasing "The Quest", just didn't think it would be for stealing some of the music.

[JAMOOL]

agreed. PE should start a class action.

[Progatron]

I suppose it's not a surprise Yes would be sued for releasing "The Quest", just didn't think it would be for stealing some of the music.

And it's not even the first time with that album! Well, they weren't sued over The Ice Bridge, but still...

[auxfnx]

would need to hear it to make any sort of judgement on the validity of the claim. these types of lawsuits are so often bollocks.
Dare To Know has a chord progression the same as or similar to one in Alan Parson's 'Turn of a Friendly Card' and Blood Sweat and Tears' 'Sometimes in Winter' as well, but chord progressions are so often reused and should not be copyrightable.

[arturs]

agreed. PE should start a class action.

I actually like the album but this got a good laugh out of me.

The ridiculous thing about this lawsuit is, even if it has some merit, how much in "damages" could there possibly be? Neither the song or album charted in the USA, so who cares, in a financial sense? I doubt the total profits from the Quest could possibly cover the legal bills of this case.

[Jacob]

In many cases it's very common to be unaware that you used someone else's hook for a song. It's not as if you're going to sit and listen to thousands of albums just to figure out if you did? That's ridiculous!

A piece of music that is considered public domain is often arranged in different ways and that can be interesting to pursue. Several signature lines/melodies from the medieval or renaissance times reused or re-arranged by Jethro Tull and others is typical.

Camel actually recorded a melody from a Beatles song on the Moonmadness album...however was an inferior amount of profit made from the Moonmadness album? No I don't believe so. This all seems to revolve around money. There are many bands that adapted melodies written over the last 50 plus years and were never sued. That truly doesn't mean that the artist intentionally copied it. In music that happens naturally and unknowingly, but unfortunately a lot of people do not understand that...

[stickman393]

I'd be astounded if Howe doesn't have future Homebrew recordings of early versions of "Dare To Know" that would pretty much put the lid on this one.

[Steve983]

Good luck with the $Millions of dollars that Dare To Know must have generated
I mean one obscure song sounds like an even more obscure one, seems ridiculous to me.

[wilcox660]

Interesting-ish.

[JJ88]

And it's not even the first time with that album! Well, they weren't sued over The Ice Bridge, but still...

Couldn't make it up.

I doubt the total profits from the Quest could possibly cover the legal bills of this case.

Well there is that. There are obviously nominal 'Yes fans' (like me) who never bought it.

[Mascodagama]

agreed. PE should start a class action.

As far as I know, "the album sucked donkey balls" isn't an actionable tort. THOUGH IT SHOULD BE.

[Man In The Mountain]

I only wondering now if we can return the album for a full refund?

[Plasmatopia]

That guy's gonna be rich!

[progmatist]

Apparently the industry has reached a point the only way to earn money as a musician is to sue a more well known band.

[r2daft2]

So Rudolph Zahler ruined The Quest?

Yes should sue him.

[Kcrimso]

Yes should steal better songs.

[JAMOOL]

personally, if I was a musician, I would not want people to know that I inspired a song from The Quest

[JAMOOL]

that's right, I won a lawsuit against Yes because they stole one of my songs. uh, no, not that one. or that one. actually none of those guys are even on it. umm...it's on their 2021 album. well uh, people said it was better than the last one at least. oh, you gotta take a call? in the other room?

[jrw]

https://m.youtube.com/watch?v=GieOTBnutFI

Sorry don't hear it

[Dave (in MA)]

Francis Monkman was unavailable for comment.

[Man In The Mountain]

This is the song:
https://www.youtube.com/watch?v=aUHFHyn6TAo

Dare to Know matches at 3:50.
https://youtu.be/hhzKdB6ftsc?si=vUufziSFMp22ZCIt&t=226

[Aquatarkus]

This is the song:
https://www.youtube.com/watch?v=aUHFHyn6TAo

Dare to Know matches at 3:50.
https://youtu.be/hhzKdB6ftsc?si=vUufziSFMp22ZCIt&t=226

Thanks for posting that. I can hear the likeness to be sure. Perhaps the Quest needs a new title. Thefts! I am curious to know, dare to know even, if Stephen has a demo of this song that sounds like the music from the film clip. Perhaps not if Davison is the main writer, er lifter, idk what to call it.

Anyone else hear the same melody?

[jrw]

[QUOTE=Aquatarkus;1266067]Thanks for posting that. I can hear the likeness to be sure. Perhaps the Quest needs a new title. Thefts! I am curious to know, dare to know even, if Stephen has a demo of this song that sounds like the music from the film clip. Perhaps not if Davison is the main writer, er lifter, idk what to call it.

Anyone else hear the same melody?[/QUOTE

I don't

[Digital_Man]

At this point maybe Yes should change their name to No (and I say this as a lifelong fan).