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Posted: Wednesday, 02 September 2009 2:43PM

Man claims Jefferson Airplane stole his song



CHICAGO (STNG)  -- A Chicago musician claims that a song he wrote in 1968 was later performed by the Jefferson Airplane rock group, included on a concert recording and subsequently made part of the group's repertoire, without giving him him any credit or compensation.

Songwriter Syl Johnson is now suing the California-based band to get that recognition and maybe some financial compensation.

In a lawsuit filed Wednesday in federal court in Chicago, Johnson claims "Dresses Too Short," a song he co-wrote in 1968 with Carl Smith, was performed by Jefferson Airplane at a 1969 concert. The song, with the name changed to “You Wear Your Dresses Too Short," also appeared "Sweeping Up the Spotlight, Live at Fillmore East 1969," a CD released by the band in 2007, the suit claims.

Johnson claims "You Wear Your Dresses Too Short” is a copy of his copyrighted work, “Dresses Too Short.” Furthermore, his suit alleges, neither he nor Smith are credited in any way for the song on the CD or any other release by the band, its record label Sony BMG, or Marty Balin, founder and singer.

Additionally, according to the suit, "in an effort to further profit from the unauthorized use of plaintiff’s work, on about Oct. 1, 1992, Balin applied for and received a copyright on 'You Wear Your Dresses Too Short' by falsely claiming in his application that [he] was the author of the words and music..."

Johnson is asking the court to find Balin and the Jefferson Airplane infringed on his copyright and is seeking a permanent injunction prohibiting the defendants from recording or performing the song. The suit wants the band to destroy all copies of the song and pay an unspecified amount in damages.

Copyright 2009 STNG Wire, The Chicago Sun-Times. All rights reserved.This material may not be published, broadcast, rewritten, or redistributed.
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