Don Henley of The Eagles Sues Over Political Parodies

My Fox Orlando ^ | 4-20-2009

[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."

[Liberty Valance]

‘Dirty Laundry’ is one of my fav’s. Still holds up today ;o)

[Constitution Day]

As I recall one of the members of The Dead Milkmen has died. They’ve said they will never do a reunion show.

[Caramelgal]

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.

IIRC, Chrissy Hynde objected to Rush’s use of “My City Was Gone” but then later recanted by saying she would take and then donate all the royalties to PETA. I recall that Rush said something to the effect of “it’s a free country, use the money however you wish”. LOL!

[Recovering_Democrat]

Quick! Someone get Don a binkie!

[Straight Vermonter]

The US Supreme Court in its decision CAMPBELL, aka SKYYWALKER, et al. v. ACUFF ROSE MUSIC, INC. says Henley can suck it.

[Recovering_Democrat]

IIRC, Chrissy Hynde objected to Rush’s use of “My City Was Gone” but then later recanted by saying she would take and then donate all the royalties to PETA. I recall that Rush said something to the effect of “it’s a free country, use the money however you wish”. LOL!

Yeah, I remember that too. Would be interesting (if there was any such thing as JOURNALISM in this nation anymore) to see if she is doing that, or if she is pocketing the dough.

[Recovering_Democrat]

Like I said, post 44...get Don a binkie.

[day10]

This is a pretty interesting read if you haven't read it:

[Straight Vermonter]

Chrissie Hynde is a lib but Rush has said that she doesn’t mind him using the songs as long as the checks keep coming.

[Straight Vermonter]

If the actual Henley recording was used and the parody was just in the video itself, then it is a copyright infringement.

I haven't seen the videos but I think you are correct if that is what happened.

[chimera]

I checked the discussion of “fair use” on Wiki and, to the extent that you can trust Wiki, it sure is confusing. It isn't at all clear to me how the lines are drawn. I guess if someone just appropriates copyrighted work for their own use and doesn't pay, there may be an actionable issue, but the discussion on Wiki doesn't make that clear distinction. They talk about things like “derivative” as opposed to “transformative”, “enrichment of the general public”, and “supersede the objects”. Of course, the LAT and FR case was mentioned as well. Very puzzling legalese and mumbo jumbo (to me anyway).

[Straight Vermonter]

Go to the link in post 45. While it is also somewhat confusing it also is the case that decided (for now) where the line for “fair use” is.

[Caramelgal]

Yeah, I remember that too. Would be interesting (if there was any such thing as JOURNALISM in this nation anymore) to see if she is doing that, or if she is pocketing the dough.

That would be interesting but I tend to think she probably does donate the money. I also think I recall Rush saying that they had actually spoken (on the phone?) and while they agreed to disagree, he actually found her quite reasonable and charming and humorous as she did he and as a result, Rush donated some money (perhaps not to PETA) but to some other animal welfare group or shelter and she thought that was pretty cool.

If that is true, I’d certainly have more respect for Ms. Hynde than I would for Janeane GarafBarfalo. Besides the fact that Chrissy Hynde has some actual talent.

[Joe Boucher]

True.
And I did go to see them on their when hell freezes over tour in Miami.
Great show and I’ve seen them several times since, BUT, Mr. Henley is the most depressing soul in music and the most conceited.
Is always fun to see Glenn Fry look at Henley and sneer.

[Deb]

You are wrong. You may have been in music, but I wrote TV comedy shows for many years and you cannot sue when your music, poetry, literature or movie content is used for satire or parody. It has nothing to do with publishing or copyright law. You can’t sue.

[Deb]

Sounds like yet another ego trip.

[Deb]

Well done, you.

[Deb]

Absolutely.

[LucyJo]

He pretty much keeps his bags packed for that (ego)trip, from what I’ve read and heard about him.

[Rastus]

I remember Rush saying that someone else objected to the use of “My City Was Gone” and Hynde stepped in and said, “Let him use it.” She explained that her parents were conservative and loved Rush, and she didn’t care if he used it. The fact that she makes a lot of money from it (in royalties and in listeners saying, “Hey, I want that song!”) undoubtedly played a role, but it was nice that she made the statement.