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Don Henley Wins Copyright Lawsuit Against California Politician

Don HenleyRockers such as Jackson Browne, John Mellencamp and David Byrne have had major beef in the past few years with politicians whose views they don't support using their songs in campaign ads. Now Don Henley has joined that group, after a California senatorial candidate tried to get cute with freedom of speech laws. But this time, instead of adopting a popular song without permission, Chuck DeVore reworked Henley's 'The Boys of Summer' into a parody called 'Hope of November,' which poked fun at Barack Obama and Hollywood liberals.

Henley heard about the offending tune once DeVore's YouTube campaign gained in popularity. When the Eagles frontman asked the video website to remove the ad, a riled-up DeVore turned Henley's 'All She Wants to Do Is Dance' into 'All She Wants to Do Is Tax.' In retaliation, Henley filed suit against the current assemblyman last year, claiming copyright infringement. DeVore responded that the songs were parodies and therefore protected under free speech laws.

It was a nice try by the politician, but on Tuesday, a California judge issued a 32-page ruling that basically said DeVore is out of luck. Judge James Selna quantified the difference between parody and satire and said that the songs failed to make fun of either Henley or the original song, instead taking his song to make fun of a separate subject. Proving he is an expert at pop culture lawsuits, Selna cited a variety of other trials -- including J.D. Salinger's victory over the purported 'Catcher in the Rye Sequel' and Tom Waits taking a bite out of Frito-Lay for using a voice similar to his -- in siding with Henley in what is at least a tentative ruling. The two sides continue to argue, but as the Hollywood Reporter's Esq. Blog reports, story points out, the judge is unlikely to suddenly change his mind.

On the bright side, DeVore -- who penned the songs himself -- has a fallback career as a parody songwriter if he loses the election.

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Fritter

Former Eagle? The Eagles have been reunited from their "14 year vacation" for the past 16 years!

(Charles - its' Frey...)

June 07 2010 at 8:44 PM Report abuse rate up rate down Reply
MacGFfan

Wonder if his love child with Stevie Nicks would have an opinion on this? Oops, got aborted. Carry on the tradition eh, Henley?

June 03 2010 at 6:57 PM Report abuse rate up rate down Reply
Charles


Typical Henley. While I support artists having control of the commercial use of their compositions, Henley's publishing company routinely patrols YouTube, threatening individuals who cover his music with no commercial intentions. It has nothing to do with his political persuasion, but rather the undying greed of another baby boomer. I never have bought any product from Henley, Fry, or the Eagles. I would, however, suppoert Don Felder, another victim of Henley/Fry greed.

June 03 2010 at 4:11 PM Report abuse rate up rate down Reply
Steve

WELL..."the BOSS" proved to be an ignorant liberal and so I burned all of the CD's and even the old LPs I owned of his and NOW...I will do the same with all of my Eagles LPs, Tapes and CDs. Don Henley...is another Liberal idiot Obamanation supporter. Too bad he just couldn't keep his mouth shut and let the Damocraps and the Republicans use the music he wrote.

June 03 2010 at 1:51 PM Report abuse rate up rate down Reply
2 replies to Steve's comment
Douglas Rodewodlt

Re Stephen's reply. And what does that make you? An idiot, a moron...maybe both. Who the hell would want a music fan like you. Try burning your birth cirtificate. Get a life! Oh I forgot you don't have one.

June 04 2010 at 12:27 AM Report abuse rate up rate down Reply
Debbie

I should have known it was a republican responding to this. Henley has every right to take people to court if they are using his music in some stupid way, which could only be a f------g republican like you. Yes, he is a liberal and proud of it. He has written some of the best songs in music history. So be a good boy and mind your our business, because no one wants to hear your stupid comments

August 20 2010 at 4:10 PM Report abuse rate up rate down Reply
marckalin

with his winnings, Don can buy a sense of humor and more blow

June 02 2010 at 3:44 PM Report abuse rate up rate down Reply
lonestarry

The crooks are now so confident, they can't even wait until they get into office before they start stealing.

June 02 2010 at 3:01 PM Report abuse rate up rate down Reply
Millionsix

Way to go Henley!!!!!!

June 02 2010 at 2:24 PM Report abuse rate up rate down Reply