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Politics

Don Henley Threatens The Weekly! Will Chuck DeVore Give In?

By Spencer Kornhaber, Wednesday, Apr. 8 2009 @ 4:20PM
Comments (9)
Categories: Wacky Vids
552px-Don_Henley_(cropped).jpg
Steve Jurvetson / Flickr / WikiMedia Commons
This Don Henley photo licensed under Creative Commons, so hopefully we won't get sued for using it.
We just received a scary letter from the law firm representing Eagles member Don Henley. The gist: Take down that blog-embedded video of Assemblyman Chuck DeVore's anti-Obama "Boys of Summer" parody, or else. Paralegal Naomi Simmons writes:

On April 7, 2009, Editorial Fellow Spencer Kornhaber posted an article in the blogs section of the OC Weekly entitled "Breaking: Don Henley Rebukes Chuck Devore!"("Blog").  The Blog, currently accessible through http://blogs.ocweekly.com/navelgazing/politics/breaking-don-henley-rebukes-ch/, includes the unauthorized video "After the Hope of November is Gone" created by or on behalf of State Assemblyman Chuck DeVore ("Infringing Video") . Be advised that at no time has our Client granted to Chuck DeVore nor any of his agents, employees or representatives, license, authorization or other permission to exploit the Composition or capitalize on the goodwill and reputation of our Client to endorse and promote Assemblyman Devore's political campaign or his Website.

As evidenced by comments included in the Blog, Mr. Kornhaber was and is fully aware of the Artist's copyright claims which prompted expeditious shut-down of the Infringing Video by YouTube at our request.  Despite such knowledge and information, he intentionally and deliberately posted the Infringing Video on OC Weekly.  Since doing so, OC Weekly has and continues to enable web viewers unlimited access to view, copy and post the infringing content throughout the Worldwide Web without any license or control, thereby facilitating an explosion of further infringement activities. 

Yuh oh. Copyright claims still exist, apparently, despite the best efforts of the Internet.

We're not going to fight Henley on this. Chuck DeVore might, though, since he's still hosting the video. Campaign new media director Justin Hart says that the DeVore camp thinks they're on firm legal footing: The video is both political and parody, two forms of speech that have been previously protected by the Supreme Court. And, he says, that isn't Henley's music beneath Hart's horrifying croon, per se. It's a karaoke track that the campaign purchased.

"Liberals have no funny bone," Hart says. They do have lawyers, though.

Tags:

barack obama, chuck devore, copyright, don henley, senate campaign
Comments (9) Write Comment
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  • [Year In Review] OC Weekly's News Blog, Navel Gazing, Gazes Back at 2009 December 31, 2009
  • Chuck DeVore's Quixotic Attempt to Twitter and Parody-Video His Way Into the U.S. Senate May 21, 2009
  • Chuck DeVore Reveals Plot, Escalates War With Don Henley April 10, 2009
  • Yup, Henley Sues DeVore April 20, 2009
  • Breaking: Don Henley Rebukes Chuck DeVore! April 7, 2009

More About:

  • Don Henley
  • Chuck DeVore
  • Spencer Kornhaber
  • Justin Hart
  • Steve Jurvetson

Comments (9)

Dan Chmielewski says:

Hart is wrong; anyone who thinks Rish Limbaugh is an entertainer has no idea what funny is. The DeVore video is a bad parody; funny only to conservatives.

Posted On: Wednesday, Apr. 8 2009 @ 5:45PM
Chuck DeVore says:

Campbell v. Acuff-Rose Music, Inc., 1994, says we'll win in court. It's a slam-dunk. Political parody is protected speech.

Posted On: Wednesday, Apr. 8 2009 @ 5:57PM
AJ says:

DeVore does have legal precedent and is in firm legal footing.

Just a note though: While the backing track DeVore used for the parody was purchased from a karaoke company, and that company does own that sound recording...that's only half the song. Henley does own (or a percentage) the musical composition from which that karaoke sound recording was made.

When one licenses a song, there are two parts you have clear: the sound recording and the musical composition.

Regardless, DeVore is in the clear here. This is silly.

Posted On: Wednesday, Apr. 8 2009 @ 6:19PM
Anonymous says:

snore........ if devore wants to be the court jester of the california republican party, give him what he wants: his 15 minutes to show the world [or anyone who cares] what an embarrassment he is to a party that has lost its identity and is as out of touch with america as he is.

Posted On: Wednesday, Apr. 8 2009 @ 6:54PM
Erick Brockway says:

If the California Republican Party is as "Anon" says, "out of touch", it's only a few who think agreeing with Democrats on overspending budgets and increasing taxes on already overtaxed Californians is "in touch". Notice they're are being served recall papers even now?
Probably not, "Anon", as Kos probably hasn't yet reported it.
The ONLY POSSIBLE way you can defend raising taxes on people who already have their backs to the wall, is if you yourself don't work and are the recipient of those taxes.
As to the topic at hand, it's not worth fighting over, as songs can be swapped endlessly, find another one. Save your money.

Posted On: Wednesday, Apr. 8 2009 @ 7:27PM
Dan Chmielewski says:

Nice of Chuck to pull a song from the 80s;his video may be protected speech but its dumb.

And the Ataris' cover of the "Boys of Summer" was better than Henley's original.

Is there any new music in that iPod Chuck?

Posted On: Thursday, Apr. 9 2009 @ 8:45AM
Dan Chmielewski says:

I think Republicans should be barred from ever using the expression "slam dunk" to describe anything. Does WMDs in Iraq ring a bell?

Posted On: Thursday, Apr. 9 2009 @ 8:57AM
concerned republican says:

Where does Chuck Da-DORK find time for this stupid childish behavior. Didn't he learn how to shut up already when he tried to pull that grandstanding foolishness in February by trying oust the GOP minority Assembly leader and got no 2nd motion to vacate and instead had to resign his post as the Whip because it was such an embarrasing show of no confidence. He brags about having every GOP assembly & senate member's endorsement but its only because he coerced their support as the #2 DORK - actually #1 DORK but #2 in leadership. WHAT A LOSER! He's kind of like the Movie "CHILD's PLAY" - Hi, I'm Chucky and I'm your friend for life. He seems like an innocent child's toy but turns out to be a monster. What a nightmare. Shouldn't he care what this kind of embarrassment reflects on his wife & kids?

Posted On: Thursday, Apr. 9 2009 @ 4:07PM
Phil says:

Mr. Chuck DeVore's actions speak louder than his words. Anyone who is willing to use another person's (intellectual) property to forward his own agenda despite the protest and refusal of the actual owner of the property... is morally debased.

Free speech is a right which comes with a duty of responsible use. Mr. DeVore perfectly knows that Mr. Henley's tune -- whether or not bought from a karaoke track -- is the basis for any kind of short-lasting popularity his own words may have. The choice of Mr. Henley's tune and Mr. DeVore's public position in this issue are entirely guided by Mr. DeVore's political motives.

In other words, Mr. DeVore's morals in the matter dictate that "the end justifies the means."

Citizens should pay attention when a politician persists in placing his own interpretation of the law above a morally sound position. There is no sound moral behind using your neighbor's property for your own aims when your neighbor objects to it.

Mr. DeVore's actions speak volumes about his true regard for the electorate. Ugly.

Posted On: Saturday, Apr. 18 2009 @ 8:02PM

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