box1 header1
Entry Detail
Terms of Use The data on this site is for education, insights, and entertainment, and is not to be used for commercial purposes. If you want to use content for noncommercial purposes, be kind and give us due credit. To read the full Terms of Use, click here.
Options Conduct New Search
Copy Permalink to this Item
 
Republican Copies Henley Tunes
Highest Court C.D. California
Year Ended 2010
Plaintiffs Campbell, Mike
Henley, Don
Kortchmar, Danny
Defendants Political Campaign and/or Committee(s)
Politician(s)
Other Eagles
Petty, Tom (and the Heartbreakers)
Short Description Artists Don Henley (Eagles) and Mike Campbell (Tom Petty and the Heartbreakers), and songwriter Danny Kortchmar, sued politician Charles Devore for using Henley's melodies as a basis for the melodies used in the Defendants' campaign ads. Defendant, of course, claimed "fair use," but the court found this not to be the case; the distinction between satire and a parody, the latter poking fun at the author or the original work, decides the case. This is satire; Henley was not the subject of the joke. Copyright infringement, no fair use. - LSW

Legal Issues
Constitutional Law First Amendment Fair Use, Parody & Artistic Protection
Copyrights Infringement Copying & Distribution/Dissemination
    Inducement & Contributory/Vicarious Liability
Trademarks & Unfair Competition Federal (Lanham Act) Unfair Competition, False Advertising & Related Torts
  State Statute/Common Law Unfair Competition, False Advertising & Related Torts


Opinions Henley v. DeVore
2010 WL 2533388
C.D. California , June 10, 2010 ( No. SACV 09-481 JVS (RNBx) )


Errors Do you see something that is not correct?
The Discography is an ongoing project. Some entries in the database are displayed in various stages of completion. If you see spelling or grammar issues, they are likely to be corrected in the near future as they're noticed by editors (they're on the "To Do" list, we promise). But If you notice errors regarding facts, legal conclusions, or other information, please contact us to let us know. We've done our best, but can't assure perfection. Thank you.


Related Searches Parties
Campbell, Mike ( Plaintiff )
Eagles ( Other )
Henley, Don ( Plaintiff )
Kortchmar, Danny ( Plaintiff )
Petty, Tom (and the Heartbreakers) ( Other )
Political Campaign and/or Committee(s) ( Defendant )
Politician(s) ( Defendant )

Legal Issues
Constitutional Law / First Amendment / Fair Use, Parody & Artistic Protection
Copyrights / Infringement / Copying & Distribution/Dissemination
Copyrights / Infringement / Inducement & Contributory/Vicarious Liability
Trademarks & Unfair Competition / Federal (Lanham Act) / Unfair Competition, False Advertising & Related Torts
Trademarks & Unfair Competition / State Statute/Common Law / Unfair Competition, False Advertising & Related Torts

Courts
C.D. California (highest court)


permalink to this entry