Don Henley Wins Copyright Infringement Case Against Politician

Contributor: Tamera Bennett Bennett Law Office, PC

SUMMARY: A Judge in California District Court ruled that politician Chuck Devore’s new lyrics to “The Boys of Summer” and “All She Wants to Do is Dance” are not a fair use under the Copyright Act. The judge held the new lyrics did not rise to the level required for parody, which is a defense to copyright infringement. The new work (the revised lyrics) must be used to make fun of or ridicule the original work or even the author of the original work.

Music in political campaigns has been a hot topic of late. David Byrne v. Charlie Crist, Jackson Browne v. John McCain, MGMT v. French President Nicolas Sarkozy.

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