Don Henley battles Republicans over YouTube video
YouTube has become the battleground in a copyright fight between singer Don Henley and a Republican candidate for the U.S. Senate in California.
Henley, one of the founders of rock group The Eagles, has filed a lawsuit accusing Senate candidate Charles DeVore of violating his copyright. DeVore allegedly used two of Henley's hit songs "The Boys of Summer" and "All She Wants to Do Is Dance" in two YouTube campaign videos without authorization.
Charles DeVore speaks in a campaign video.
(Credit: Popmodal.com)"Don Henley and Mike Campbell (Henley's producer) brought this action to protect their song, 'The Boys of Summer,' which was taken and used without their permission," Henley's spokesman told CNN. "The infringers have vowed to continue exploiting this and other copyrighted works, as it suits them, to further their own ambitions and agenda. It was necessary to file a lawsuit to stop them."
DeVore, who used Henley's music to attack opponent Sen. Barbara Boxer, maintains he is authorized to use the music as part of his First Amendment right to political free speech.
"We're responding with a counter-claim, asserting our First Amendment right to political free speech," DeVore said on his site. "While the legal issues play out, it's time to up the ante on Mr. Henley's liberal goon tactics. By popular request, I have penned the words to our new parody song."
Leading up to the lawsuit, YouTube had removed DeVore's videos at Henley's request. DeVore then challenged Henley's claims and the videos went back up. YouTube informed Henley that it would only again remove the clips if he filed a lawsuit.
This isn't the first time a Republican has been accused of violating copyright for using music without authorization. Singer Jackson Browne filed suit against former Republican presidential nominee John McCain for allegedly using the song "Running on Empty" to attack Barack Obama in a campaign video.
Greg Sandoval covers media and digital entertainment for CNET News. He is a former reporter for The Washington Post and the Los Angeles Times. E-mail Greg, or follow him on Twitter at http://twitter.com/sandoCNET. 
*exception if you have $100,000+ lawyers or pay off the right people
Unless you happen to be the Secretary of State or the Treasury Department head.
Either this is fair use and has been for some time, or they pay a fee, or they are all in violation.
But this is not just a republican issue. Check out the bill that all of congress has been trying to pass that will make this sort of thing rampant and legal, and even when using someone's original work. The "Orphaned Works" bill will make it ok to infringe if you can't find the owner of an intellectual property after an extremely ambiguous "reasonably dilligent search". If the owner comes forward, they can sue, but only to get what they'd have been paid in the first place and without court costs being reimbursed. Crazy stuff in Washington these days.
Prince tried this same copyright crybaby act a couple of years back, (some mom was filming her baby dancing to a prince song on a radio). I realize that you may not like the candidates point of view, but having some old, outdated, obscure singers music play during a commercial is done by both parties and debating its merits is a waste of time.
The differences between this political candidate, and the Prince/dancing baby video is that this political figure is using someone's intellectual property for their personal/ political gain without written permission. Big difference there.
Secondly, if someone uses more than 30 seconds of any nonpublic domain music into a commercial of any type (video/audio), one must obtain written permission and/or pay a licensing fee either federal copyright law.
Thirdly, the fact that both parties are doing this doesn't make it right.
It is disheartening to see so many people espouse their hatred for republicans. I'm a libertarian, but republicans are still Americans. Battle them on ideological grounds, not on what your misguided perceptions and stereotypes are of them.
Well, if that isn't a clue ....
Wow. After eight years under the Bush administration and all that went with it, THIS is what finally makes you ashamed to be a Republican? You sure have one messed up sense of propriety.
Too funny. Having watched the democrats take over the major points of the republican platform and then screw that up, while the republicans did the opposite, I'm dang glad I'm independent because I'd be ashamed of being associated with either party.
I presume Henley's lawyers would claim that DeVore's use of Henley's music implies that Henley approves of DeVore, which is clearly not so, and that associating Eagles music with DeVore harms their brand. I kind of think they have a case: who wants their music associated with someone so clearly a dick.
BTW, I think it's perfectly natural that artists would be pissed off if someone whose political views were the opposite of theirs would appropriate their work to sell ideas that they disagree with. Maybe Republicans could get their music from Stormfront?
Um.. No. See Coolio.
I presume Henley's lawyers would claim that DeVore's use of Henley's music implies that Henley approves of DeVore, which is clearly not so, and that associating Eagles music with DeVore harms their brand. I kind of think they have a case: who wants their music associated with someone so clearly a dick?
BTW, I think it's perfectly natural that artists would be pissed off if someone whose political views were the opposite of theirs would appropriate their work to sell ideas that they disagree with. Maybe Republicans could get their music from Stormfront?
If this matter were cut and dry simple, then the Jackson Brown -vs- John McCain case would have been settled already by the courts.
Don Henley and 99.99% of what the Eagles did is horrible. Ban it from the airwaves.
I highly suggest that DeVore start looking for a country or christian music alternative because both of those genres are much more aligned with the ideals of the Republican party. I better leave it at that because this is not intended to be a political blog.
You libs who always preach tolerance and healing are hypocrites for castigating Devore because of his party affiliation. This issue has nothing to do with politics at all.
1. MOST creative artists - film, music, and literature - are not republican supporters. There's a message in that. The republican party is the party of dogma, not creativity.
2. DeVore called Henley's suit "liberal goon tactics". In similar circumstances, McCain took the high road, this idiot took the low road.
3. It goes to judgement. Would you want an idiot like this representing your interests?
Weird Al does not need permission, but he gets it anyway to avoid misunderstandings, which he has for the most part.
1. You label the republican party as that of dogma, not creativity? Just because Hollywood and the RIAA are heavily influenced by democrats does not mean that only democrats are creative.
2. McCain was not a conservative which is why he is / was loathed by the right.
3. And Barbra Boxer is any better?
1) Most of the best creative artists die young for stupid reasons. There is a message in that. It's not the message you think it is, though smarmy look down your nose at folks attitutes does seem to be a liberal pre requisite.
@baconstang
Without even looking I'll bet the parody is protected but the fee is for the music that is the consistant theme between the real asong and parody. I don't think permission is required. The fee system is built into the system. Pay the fee mutilate the song all you want.
If this is the case, why is this hypocrite use Henley's song in the place?
Steal one from someone who is a little less "liberal".
- by gerrrg April 18, 2009 4:54 PM PDT
- DeVore may have just provided Henley with the right to counter-sue in civil court for libel, by using the word, "goon" to attack Henley in his political blog. His language is unbecoming of someone that wants to represent a state.
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- by gerrrg April 18, 2009 5:20 PM PDT
- And when I mean he'll lose badly, I'm referring to running for Barbara Boxer's seat.
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- by Endbringer April 20, 2009 6:25 AM PDT
- Doesn't matter if someone uses a parody for monetary gain. A parody is a parody no matter the usage or context. And saying someone used "goon tactics" is not libel. Might not be politically correct, but it's still not libel.
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Showing 1 of 3 pages (111 Comments)Just my prediction: He's going to lose so badly, it'll make him look silly.
While parodies are protected speech, if it's used politically as a fund-raiser, DeVore will lose. Since he is running for Barbara Boxer's seat, a strong case can be made that he's using the parody to gain monetary support for his campaign against Barbara Boxer.