Chuck DeVore's Don Henley Lawsuit: California Senate Candidate Loses Case Over Song Parody
In other California Senate primary news, perennial GOP also-ran Chuck DeVore is finishing out his campaign the way he's run it all along -- as an annoying burr in everyone's side.
DeVore has blazed a bright trail of haplessness throughout his run for the California Senate seat. He's gotten shirty with WaPo reporter Chris Cillizza over something called a "Shorty Award." He's been a bizarre Twitter oversharer. He's attempted to burnish his war cred by making himself out to be the target of a Hezbollah attack. He pretended that Jack Bauer is a real person whom he knew, in his real life. And while Carly Fiorina's famed "Demon Sheep" ad made no mention of DeVore's existence, no one in America has tried harder to horn in on the Demon Sheep mania.
Henley, who founded and fronted the popular 70s band The Eagles before launching a successful solo career, sued DeVore for parodying his solo hits for campaign ads, citing copyright infringement.
DeVore first released "The Boys of Summer" knock-off "Hope of November" in April 2009, which was pulled from YouTube after Henley complained. DeVore then shot back with a parody of "All She Wants to Do is Dance" called "All She Wants to Do is Tax."
Of course, in certain instances, this sort of borrowing is covered under fair use if the user intends to repurpose the original content for the purpose of satire. The judge in this case ruled, however, that because DeVore was not using the material to "comment on or criticize" the Henley originals, he wasn't entitled to that defense.
Naturally, DeVore is the first person in history to be successfully sued in this manner over a song parody, so great job.
Just for the sake of perspective, here's Mojo Nixon performing "Don Henley Must Die," a song that Don Henley actually likes.