In 1973, ZZ Top released an album containing a song called La Grange. ZZ Top acknowledges that this song has had global circulation as a phonorecord, has been featured in prominent national television advertising, and has been performed at thousands of ZZ Top concerts.
Hooker allegedly alerted Besman to the existence of La Grange in 1991. Besman states that, upon investigation, he realized that La Grange was very similar to the Boogie Chillen songs. Besman then notified the publisher of La Grange, Hamstein Music Company, that it was infringing upon his copyright. Hamstein subsequently filed a declaratory judgment action in Texas to resolve the dispute. Besman, in turn, filed this suit in the Central District of California on behalf of La Cienega against the appellees ("ZZ Top").
ZZ Top filed a rule 12(b)(6) motion asserting that (1) the compositions were within the public domain, and therefore were not protected by copyright, and (2) even if the compositions had been protected at the time that ZZ Top released La Grange, La Cienega's action was barred by a statute of limitations. The district court dismissed the complaint, ruling that the recordings were in the public domain. The district court expressly declined to determine whether the statute of limitations had expired.
lyrics
(optional)
credits
from KaRn @ the Stork Klub,
released July 14, 2013
Steveo - Guitar FM Radio
Adrian - Guitar AM Radio
Gordon C. - Bassm'n
Gosh B. - Drumagick
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