Don Henley sues Senate candidate over song use

[stevedeshazer]

http://www.cnn.com/2009/SHOWBIZ/Music/04/18/henley.lawsuit/index.html

(CNN) -- Don Henley, a founding member of "The Eagles," is suing a Republican candidate for the U.S. Senate, claiming the candidate is misusing two of his popular songs.

The suit filed Friday in federal court in California claims Charles DeVore is using Henley's hit songs "The Boys of Summer" and "All She Wants to Do Is Dance" without authorization.

The suit comes from two campaign videos that DeVore posted on YouTube that used Henley's music, according to the lawsuit.

<snip>

"We're responding with a counter-claim, asserting our First Amendment right to political free speech," the site (DeVore's...sd) said. "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."

DeVore then posted the lyrics of a song he called "All She Wants to Do Is Tax."

----

:rofl:

Thieving Republicans can't even write their own campaign shit.

[Bicoastal]

1. This clown is NEVER gonna unseat Boxer...

...but thanks for playing!

[LWolf]

6. I hope not.

I'm no longer in CA to vote for her, but I still want to see her in the Senate, one of the few senators I actually have any confidence in at all.

[Canuckistanian]

2. If the RIAA can sue children, why can't artists sue politicians?

The GOP has been getting away with copyright infringements for years.

I hope Henley is successful.

[stevedeshazer]

4. I agree

Their claim that First Amendment free speech allows theft of intellectual property is specious.

Personally, I can't stand the Eagles, but I hope Hensley wins his case.

[burning rain]

8. I like Henley's solo stuff rather better.

It's freer of the country influence that pervades much of the Eagles' stuff.

[omega minimo]

10. Eagles are fine. Some of his solo songs are absolutely brilliant.

:hi:

[burning rain]

26. I like a lot of the Eagles' stuff.

Just not so into those of their songs that are pokier and heavily countrified. Low tolerance for a lot of country. I find Henley's solo stuff more consistently rocked-up. I haven't studied the Eagles -- maybe it was someone else in the band who was more about country, so that when Henley did his solo stuff, the country influences weren't there?

[Hannah Bell]

23. If he's using it for parody, as it sounds like, Hensley winning would be a blow to free speech.

I think he should pay for use of the tune, but saying he can't write new lyrics for purposes of parody unless the "artiste" agrees ends some effective political speech, as well as artistic freedoms & creative room.

The principle cuts a lot of ways; Hensley's victory = net loss to the polity.

[ProgressiveProfessor]

5. Doesn't ASCAP and BMI licensing play here somewhere?

Specifically, if the license fees are paid, does the song writer have standing to sue?

[stevedeshazer]

7. Good question.

I don't know the answer.

[Tesha]

14. It depends who holds the rights to the song.

If the author retains the rights to the song, they
get to decide who it shall be licensed to.

But your other point is correct; if a license is granted
and the terms of the license are met (fees, free use,
whatever), there's no cause to sue. So if Henley doesn't
still have control and license fees were paid, he can't
sue.

But Republicans have a history now of trying to use pop
music without a license of any sort, so I'd bet that's
case here, too.

Tesha

[Touchdown]

19. Chrissie Hynde got Limbaugh to cough up money for PETA.

He'd been using "My City Has Gone" without a license for years before she heard about it.

"The distinctive riff from this song has been used as theme music for Rush Limbaugh's popular American talk radio program since 1988. In 1999, Rolling Stone magazine reported that, according to Hynde's manager, Limbaugh had neither licensed the song nor asked permission to use it, although this charge has been denied. Purportedly, Hynde took action after Limbaugh told a pair of reporters in 1997 that "it was icing on the cake that it was an environmentalist, animal rights wacko and was an anti-conservative song. It is anti-development, anti-capitalist, and here I am going to take a liberal song and make fun of at the same time." This led Hynde to demand that Limbaugh stop using the song, which he did. However, Hynde did an about face and offered Limbaugh the use of her song in exchange for his donating the appropriate royalties to PETA. She later wrote to the organization saying, "In light of Rush Limbaugh's vocal support of PETA's campaign against the Environmental Protection Agency's foolish plan to test some 3,000 chemicals on animals, I have decided to allow him to keep my song, 'My City Was Gone,' as his signature tune..." <2>.

http://en.wikipedia.org/wiki/My_City_Was_Gone

[onenote]

21. ascap/bmi license performances. the issue here is reproduction

playing these songs at a rally probably doesn't give the owner of the copyright in the song a claim if blanket license from the appropriate performing rights society has been obtained. But reproducing a recording of a song as part of a recorded ad violates a completely separate right -- the right of reproduction.

[depakid]

16. $150,000 per track, baby

[liberalmuse]

3. Apparently all the decent songs were written by liberal goons.

Hahahaha! I love it!

[blondeatlast]

17. It would seem so, truly. Does this idjit even know what "All She Wants To Do Is Dance"

is about? It doesn't take a rocket scientist to figure it out.

[omega minimo]

9. Liberal Goon LLC parodies for Rpukes: "The Joys Of A Slumlord" and "All They Want To Do Is Wank"

[Kajsa]

11. Well, since Henley is a

" liberal goon"
why are they stealing his stuff?

They don't make an ounce of sense.

I've been a fan of Henley's work for a long time.

[Cha]

12. Is every last republicon a freakin'

plagiarizer? They have no ability to think something up on their own except stealing material from talented people and then bitching when they get caught.

[Tesha]

15. And the Bubble-headed bleach-blonde from TX-5,...

She can cut your taxes, with a gleam in her eye.
It's interesting when poor folks die,
give us Pubby Politics!

Tesha

[KamaAina]

13. DeVore is nothing but a "Desperado" who will surely lose in "The Long Run"

:P

[Touchdown]

18. DeVore must be a SOCIALIST! What's he got against wealth creators like Henley?

It's so hypocritical. They preach the wonders of the "free market" all day, extolling the virtues of "The risk takers" and "the creative minds that make our economic engine run", while bashing anyone who would dare to think they're taxed too little. Then they steal from those very "wealth creators" they worship when it suits them.

[XOKCowboy]

20. Come on you have to feel sorry for the Republicans...

Not even Merle Haggard or Ralph Stanley are on their side any more. All they have is Hank Jr and how many times can they play "All My Rowdy Friends" at their rallies? I mean what other Right Wing best selling musicians are there?

Poor folks..

Do I need to add :sarcasm:?

[blogslut]

22. Don Henley was born and raised in Texas

I'm just sayin'.

[jbnow]

27. Don Henley has given $742,385 in political donations

89% Dem and the rest special interest. Almost no one comes close

Crazy high even for a Texas boy. I rarely heard his named in connection with politics
(A name we hear a lot, Barbra Streisand has given $662,275. Six figures is a rare total)

[Postman]

24. "liberal goon tactics" = enforcement of the law. Who knew.

[Politicalboi]

25. I'm going to Party Town Yeah Yeah

How come we can't even sing Happy Birthday at restaurants but these assholes can steal their music without permission. I would hope Henley knows if he has a suit or not. I hope he sues them and wins.