Former Brian Jonestown Massacre guitarist Jeffrey Davies has been dealt a blow in his battle over the band's song copyrights after his case was dismissed by a California judge.

The rocker, who joined the group in the 1990s, has been locked in a legal dispute with frontman Anton Newcombe over the ownership of a number of tracks released prior to his departure in 2002.

Newcombe filed papers seeking an injunction against Davies last year (13), acknowledging that the guitarist was the co-writer of just three tunes, including Monster and Straight Up and Down, but the disgruntled ex-member challenged the allegation, insisting he also helped to pen three others and was the sole lyricist for two additional tracks.

In Davies' counterclaim, he accused Newcombe and his attorney Barry Simons of conspiring to defraud him out of royalties to Brian Jonestown Massacre songs, including his share of royalties for Straight Up and Down, which is used as the theme tune to the opening credits of hit period crime drama Boardwalk Empire.

However, U.S. Magistrate Judge Nathanael Cousins ruled in Newcombe's favour last week (ends22Aug14) and threw out Davies' charges of misappropriation, conversion and accounting, while also declaring that he had failed to provide enough evidence to support his accusations of fraud, breach of fiduciary duty and conspiracy.

But Davies' fight isn't over yet - the judge is allowing the rocker 14 days to file an amended suit.