Yes Fire Back About Lawsuit Over Alleged Song Theft

11-21-2024

Yes stars Steve Howe and Jon Davison have both shared public statement about a lawsuit that was filed recently claiming that they stole a song from a lesser known artist and shared a stream of a 50 year old recording to demonstrate where their 2021 song originate from.

Riz Story claims in a filing with the Central District of California that the song "Dare To Know" on the 2021 Yes album "The Quest" was stolen from his 2012 song "Reunion" that appeared on the "A Winter Rose" soundtrack.

Story, real name Rudolph Zahler, says in the filing that his association with Davison began in the 1990s when they were in a band together late Foo Fighters drummer Taylor Hawkins.

Davison was the first to publicly react to the song theft claim, sharing a lengthy statement via social. Howe followed up with his own statement and the band shared a clip of a 1974 recording called "The Ancient" that contained "the exact same melody" that is the basis for the legal action.

Howe stated, "Jon Davison did not write "Dare to Know". I did, and it was based on a theme I've been developing since 1973. Early versions can easily be found in our demo and studio recordings from the time and on the internet - some were released on an expanded version of "Tales From Topographic Oceans" in 2002."

That message was followed by "This comparison, uploaded by aux pheonix on Soundcloud, demonstrates how Steve Howe has a version of this exact same melody in a 1974 recording (The Ancient).

"Here is proof of Steve exploring that very same idea in 1974 and it should be obvious that it's much more likely the source of this melody. The guitar part from The Ancient on top of Dare To Know. Dare To Know is panned to the left and The Ancient to the right.

"The Ancient was pitched up by 3 semitones to make it match, and the relationship between any of the notes was not edited or adjusted."

Davison had the following to say about the situation, "Dear Friends in the worldwide family of YES,

"It's hard to put in words how it feels to wake up one day to hear that a person who I thought was a friend has brought not only an utterly fictitious, but also, a defamatory case against me.

"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. I would also like to express a sincere thank you for the immense support I have received both online, and personally, since this hit the press.

"In the best traditions of YES, the following statement is lengthy, but if you are interested in the 'Gates of Delirium' version, I hope you will follow the journey through it, and soon come to the inevitable conclusion, the light if you will, that this claim is a complete fabrication.

"If you would prefer the 'We Have Heaven' version, then here it is:

"I did not write 'Dare to Know'. I was not a 'founding member of Anyone'. I have never heard 'Reunion' before this lawsuit. And, most importantly, I did not steal 'Reunion', a sequence of notes that is so generic it can be found in hundreds of compositions going back over 200 years.

"Furthermore, when we heard about this lawsuit, I attempted in good faith to contact my friend, and his lawyer, to resolve it amicably, and provide evidence that this was a fabrication. They refused to respond, and even when our manager asked them to address it, we were met with threatening emails. And in contradiction to the false, and we believe defamatory narrative put forward by this lawsuit, it is our belief that Mr Story is possibly attempting to 'steal' a credit on our album, and gain publicity for himself, following 12 years of frustration with his own career. We have evidence to confirm that over this period, and since I joined YES, he has approached my manager, my record label, and YES his 'favorite band ever' on numerous occasions to ask them to represent him as a client, to release his album, or to work with YES as Producer, Mixer, Remaster, the list goes on.

"Whilst I always tried to do my best for my friend, and did all I could to try and help him attain 'the major music success' that, as he put it to me in April this year, 'has thus far eluded me', every single attempt by him has been met with polite refusal, rejection, or simply ignored.

"Et tu, Brute?"