Comments on: Don Henley battles Republicans over YouTube video

Rock singer sues to prevent U.S. Senate candidate from using his music. Candidate says he has a First Amendment right to the song. YouTube is caught in the middle.

[BtmnHatesRbn]

He can't sue because political speech, satire, and parody are protected First Amendment rights. If he doesn't like it, he can leave the Nation. Marxist idiot. That's why The Eagles suck, will always suck, and be a lame-o 1970s one-hit wonder in the future, have a ballad about a Satanic church played over and over again.

[hclmed]

See BouncingSouls reply about 16 entries up. He nails why this isn't fair use. It's use is subordinate to another message rather than a parody of the song. If you were a company, do you think someone could use some likeness of your brand or design in their message, without your consent? It would be different if your company was the subject of the message, but not as a contributor to the support or opposition of another product. You can't even make a commerical for a product in front of Yankee Stadium without their authorization.

[Endbringer]

@mclmed

You're incorrect. Parodies are parodies no matter the subject. Most parodies are "subordinate to another message".

[faceless128]

Yep, i checked it out and it's a parody. Fair Use. The only real issue is that the guy is a republican politician, which would (rightfully) upset someone who is a democrat, but it's fair use.

If Henley REALLY wants to do something against DeVore, he should support Barbara Boxer and perhaps hold a mini concert at a rally for her.

Why does it seem like it's always the republicans who are using songs from democratic musicians?

[ktswami]

Let's be honest, guys. Whatever the copyright issues, if an artist calls you and says, "Don't use my music" because I don't believe in what you stand for, you should find another of the billion songs from humankind.

And Devore, being the sleazy politician he is, continuing to use it, parody or no, is basically telling Henley to go f-ck himself...and you think Henley isn't going to try to do something about it?

And, as others have said, the media loves any conflict, real, but mostly contrived (especially involving celebrities). And, our lives are vapid enough that we actually waste hours of our lives, and boost their ratings and ad revenue and watch it.

(If you need to care, scan the headline and move on to something substantive...or keep watching and we'll keep getting 90% crap stories, and 10% that are meaningful.)

[kherbert]

What is his voting record on other copyright issue. So many people on both sides of the aisle like to assert their first admin rights to say what they want and copyright to shut up the opposition. The case is simple you can't use my property to advocate for your position without my permission. This includes my real poperty like the candidates putting signs in my yard (Apparently because it is a corner it doesn't belong to me and intellectual property like a song.

Satire is covered by free use that is case law.

[AppleSuxLeo]

What`s wrong with being a Republican ? Our founding fathers as well a Lincoln were Republicans.
They wrote the Constitution , the Bill Of Rights , Emancipation Proclamation.
The Gettysburg Address is one of the most quoted speeches in United States history.[41][42][43] It was delivered at the dedication of the Soldiers' National Cemetery in Gettysburg, Pennsylvania, on the afternoon of Thursday, November 19, 1863, during the American Civil War, four and a half months after the Union armies defeated those of the Confederacy at the decisive Battle of Gettysburg.

Abraham Lincoln's carefully crafted address, secondary to other presentations that day, came to be regarded as one of the greatest speeches in American history. In just over two minutes, Lincoln invoked the principles of human equality espoused by the Declaration of Independence and redefined the Civil War as a struggle not merely for the Union, but as "a new birth of freedom" that would bring true equality to all of its citizens, and that would also create a unified nation in which states' rights were no longer dominant.
Republicans see value in every citizen to support themselves when physically/mentally fit. Not in supporting handouts from taxpayer`s hard-earned money to support lazyness/fraud.
Don Henly is nothing more than an irrelevant has-been from the Dope-Smoking , Govt. handout generation.

[Endbringer]

States rights are just as prevalent today as they were then. It's codified into the Constitution's 10th amendment. Just because Lincoln decided to use force to get his way does not negate the 10th amendment.

[markdoiron]

REWRITE THIS ARTICLE, PLEASE! DeVore did not pirate the original songs, he wrote parodies. I'm not Republican--by a long shot--but the article needs to be factually correct and complete. As written, it makes DeVore sound like an idiot on copyright law. The article causes confusion, and contributes a valid example to the right wing's trite phrase, "The Liberal Press." --mark d.

[cggkevin]

maybe Don should give a refund to any and all republicans that bought his music. Do we really think DeVore chose these songs himself. More likely that ads producer should be on the headline, not DeVore.

Have the Eagles or Don Henly ever allowed any of their songs to be used in a commercial? If so Don shoul shut up!

[Pete Bardo]

I've been curious for a while not as to what constitutes "parody" in relation to copyrighted works. It'll be interesting to see if the courts manage to define what exactly that is.

Most of you don't seem to understand the concept of public domain. Once a work has been published, it becomes public domain. That doesn't mean it becomes free. It just means anyone can perform the work if they paid the statutory rate. Those of you who think DeVore will just pay off Henley seem to think there is something wrong with that. The fact is, DeVore doesn't need permission to use the song. But he does need to either pay up or prove it was fair use. Parody is defined as fair use, but parody is not defined.

[coachgeorge]

Look at all the "free publicity" Charles DeVore is getting! They couldn't buy this much ad time.
I equate this to an actress releasing a "private sex video" tactic. All publicity, positive or negative, is Good Publicity.
As a "Good Republican" I just want to thank everyone for the attention.
Nuff Said!

[snesich]

"First Amendment"? This Charles DeVore guy seems as clueless about Constitutional Law as he is most matters. Can't he tell the difference between free speech and copyright law? What a dunce.

[mavfan2]

Always so funny to see people who will argue for tolerance, rights to free expression and parody if it's at the expense of a conservative, etc suddenly change into intolerant dolts when the person trying to exercise their rights leans differently then they do politically. Suddenly they have arguments they'd never post here if it was a liberal making a parody of a Toby Keith song. Well, not so much funny, as sad and predictable.