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: Legal Pad | LA

The heart of the matter: copyright infringement

By Richard Binder

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In June, Judge James V. Selna of United States District Court in Santa Ana sided with musician Don Henley and his collaborators, Mike Campbell and Danny Kortchmar, in a claim that California Republican Senatorial candidate Chuck DeVore used parodies of Henley's songs in political ads without the songwriters' permission. Justin Hart, who worked on DeVore's campaign, was also cited in the suit.

The lawsuit was filed after DeVore and Hart made videos using the Henley hit songs ?The Boys of Summer,? written by Henley and Campbell, and ?All She Wants To Do Is Dance,? written by Kortchmar, to promote DeVore?s recent attempt to run for the U.S. Senate. DeVore and Hart posted the campaign ads on YouTube and other sites. Selna rejected the defendants? claim that the videos were fair use "parodies" and found the use of the songs violated the plaintiffs? copyrights.

The parties have reached an out-of-court settlement that included an undisclosed sum of money and a public apology from DeVore.

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Full post as published by Legal Pad | LA on August 09, 2010 (boomark / email).

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