Jon Davison, the lead singer of the legendary progressive rock band Yes since 2012, is firing back at a copyright infringement lawsuit filed last week over the group’s 2021 single “Dare to Know.” In a lengthy statement posted on the band’s website Wednesday, Davison says the new legal claim from fellow prog-rock musician Riz Story — someone he says he previously considered a friend — is an “utterly fictitious” and “defamatory” attempt at a “shakedown.”
“While my initial reaction is to say nothing in the face of these blatant lies and this frivolous lawsuit, I feel I must address the personal slander that has been included within it as I have been so deeply hurt,” Davison wrote in his highly detailed letter to fans. “Riz and his lawyer have made false and, I believe, defamatory statements about me, statements I know they have no evidence for, and which I can prove are untrue.”
Davison, 53, acknowledges he’s known Story since 1992. He says they were in a band together with late Foo Fighters drummer Taylor Hawkins in their twenties, but that their paths later diverged in terms of mainstream success. He claims Story repeatedly asked for help with his career over the years – including help getting jobs with Yes as a producer, remixer or remasterer – and alleges Story voiced his apparent frustration with the band’s “rejection.” He says he’s now considering a counter lawsuit.
In his copyright complaint filed Nov. 13 in federal court in California, Story, whose legal name is Rudolph Zahler, made the claim that “Dare to Know,” the second single off Yes’s 2021 album The Quest, infringes on his composition titled “Reunion” that was featured in A Winter Rose, Zahler’s 2014 indie movie starring Paul Sorvino, Billy Zane, Taryn Manning, and Edward Furlong. “Mr. Davison decided to just ‘steal’ Mr. Zahler’s song ‘Reunion’ for the album, rather than getting Mr. Zahler’s permission,” the lawsuit filed by lawyer Larry J. Caldwell reads. Zahler claims Davison brought “Reunion” to Yes guitarist Steve Howe, and that 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.
In a statement last week, a spokesman for Yes vehemently denied Zahler’s claim. “This is vindictive, defamatory, delusional garbage. It will be vigorously defended,” the spokesman told Rolling Stone. Davison echoed the outrage Wednesday. He denied ever having heard “Reunion” prior to the lawsuit, said he never saw A Winter Rose, and called “Reunion’s” song structure “commonplace” and “generic.”
“With the honored responsibility I’ve been tasked with to be a prominent songwriter for [Yes], a band known for its rich complexity of music, why on earth would I ever jeopardize all that by stealing a simple melody so commonplace? Would I then be able to convince the great Steve Howe, who helped craft Yes’ finest music, to steal this melody?” he asked. “Rather than me ‘stealing’ this generic piece of music, a piece of music that I have never heard before this lawsuit, it appears that they are trying to ‘steal’ a credit on our album.”
In response to Davison’s statement, Zahler’s lawyer said his client “looks forward” to his day in court. “It is unfortunate that Yes continues to respond to Riz Story’s compelling copyright infringement lawsuit with ad hominem attacks. The latest is a long diatribe by Jon Davison that is equal parts easily disprovable fiction and self-incriminating admissions,” Caldwell said.
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