[Dixielandjazz] FW: "Muskrat Ramble"/"Fixin' to Die Rag" lawsuit thrown out

[Bill Haesler]

Dear friends,
This interesting bit of information just in from another jazz list.
Kind regards,
Bill. 


SAN FRANCISCO (Reuters) - A U.S. appeals court has rejected a lawsuit
charging 1960s psychedelic rocker Country Joe McDonald with copyright
infringement for his 1965 protest song "Fixin' to Die Rag," which
became a rallying cry for opposition to the Vietnam War.

In a decision made public on Friday, the 9th U.S. Circuit Court of
Appeals rejected an appeal from Babette Ory, who said McDonald's song
infringed on jazz standard "Muskrat Ramble," credited to her father,
Kid Ory.

Ory sued in September 2001, claiming that "Fixin' to Die Rag" was
similar to and infringed on "Muskrat Ramble." Kid Ory, who recorded
with jazz great Louis Armstrong, died in 1973.

The appellate judges upheld a lower-court decision saying there was
too long a delay in bringing the copyright lawsuit and awarded
McDonald his attorney fees. Ory obtained copyright to "Muskrat Ramble"
in 2001.

McDonald wrote "Fixing To Die Rag" in 1965 to protest the nation's
escalating military involvement in Vietnam and the song's refrain:
"And it's one, two, three, what are we fighting for?" quickly turned
into a rallying cry against the war and figured prominently at the
Woodstock music festival in 1969.