Posted on 04/20/2009 12:05:03 PM PDT by My Favorite Headache
MYFOX NATIONAL) - TMZ reports that Eagles frontman Don Henley is suing a Republican Senate candidate in California for copyright infringement for creating online videos that parody two of Henley's songs, "The Boys of Summer" and "All She Wants to Do Is Dance." State Assembleyman Charles DeVore says the parodies are protected under the First Amendment.
DeVore's parody lyrics attack President Barack Obama and California Senator Barbara Boxer. YouTube initially removed the videos from their site at Henley's request, then added them back at DeVore's and told Henley they would only take them down again if he filed a lawsuit. DeVore also posted the videos on Facebook and other sites.
Part of the lawsuit says, "Henley and ["Boys of Summer" co-writer Mike] Campbell did not, and would not, authorize the use of their song for this purpose," the Contra Costa Times reports . "Viewers might also conclude that Henley and Campbell are political supporters of DeVore, which they are not."
According to CNet , DeVore plans to respond with a counter-claim "asserting our First Amendment right to political free speech." On his Web site, Devore wrote , "That Henley has contributed some $750,000 to Democrats and liberal causes over the years, including $10,000 to Barack Obama and $9,000 to Sen. Barbara Boxer, adds authenticity to the political nature of my ditties. .... Henley’s lawsuit shows he’s good at dishing it out, but not so good at taking it."
If this suit succeeded (& I doubt it) guys like Weird Al Yankovick would be out of business!
That depends.
If the actual Henley recording was used and the parody was just in the video itself, then it is a copyright infringement. If the song was changed and made into a parody, then it is fair use.
I have a feeling that the actual recording of Henley's may have been used. If so, then DeVore could be in a load of trouble.
What about “Dirty Laundry”?
Mojo Nixon was right!
Hey Don, “Get Over It!”
Screw Henley. Talk about a man in dire need of a bowel movement...
~ 14 and Henley isn’t the only one in that outfit that is nuts.
We went to a shopping mall
And laughed at all the shoppers
And security guards trailed us to a record shop
We asked for Mojo Nixon
They said he don't work here!
We said if you don't got Mojo Nixon
Then your store could use some fixin'!
Mojo and Don are friends.
Woo Hoo, The Dead Milkmen, former Detroit Tigers’ great Jim Walewander’s favorite band.
In so many ways!
Doesn’t Limbaugh use copyrighted songs on his show? I know there was some stink about the group that does his opening theme (was it Chrissy Hyde?), but it didn’t go anywhere because Limbaugh pays royalties for its use. I thought there was some legal way around it. If you pay for it, you can play it. Something like that.
LOL
Probably more about lots of publicity and defeating DeVore than winning a lawsuit.
If he used the exact music regardless of the words, he can be sued under music publishing copyright laws. He would also need to have what is called a sychronization license if the music is used in conjunction with a visual image such as a video. I was in the music business for many years and I had to deal with unauthorized use of copyrighted material often. Henley may be a jerk, but he has the legal right to be a jerk over words and/or music he has copyrighted.
Every time it is played, Rush pays a Royalty to Chrissy Hyde. She doesn't want him to play it, but as long as the royalties are paid and she is a member of ASCAP or BMI, then she has no say in whether or not a radio station can play it. I'm sure that Rush has probably put at least one of her children through college by keeping it as his theme song.
I have a feeling that DeVore may be using Henley's songs illegally by placing them on You Tube. If the songs have been rewritten and re-performed for the purpose of parody, then it is legal. If he is just using Henley's recordings, then he may be in trouble.
Rush uses a Pretenders song as his opening theme. Since he is using the exact recording he can pay a master licensing fee and a public performance fee and use the exact song. Parodies require an entirely different set of licences.
And yes, Steve Earle can write a song.
Yes, he is a radical leftist, but his songs are great.
Home to Houston
When I pulled out of Basra they all wished me luck
Just like they always did before
With a bulletproof screen on the hood of my truck
And a Bradley on my back door
And I wound her up and shifted her down
And I offered this prayer to my lord
I said “God get me back home to Houston alive
and I won’t drive a truck anymore”
Early in the mornin’ and I’m rollin’ fast
Haulin’ nine thousand gallons of high test gas
Sergeant on the radio hollerin’ at me
Look out up ahead here come a R.P.G.
If I ever get home to Houston alive
Then I won’t drive a truck anymore
If you want to get a good background on Henley, read ex-Eagles Don Felder’s book “Heaven and Hell”. Avarice,greed and immorality are Henley’s most pervasive traits.
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