willbeurdaddy
Posts: 11894
Joined: 4/8/2006 Status: offline
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quote:
ORIGINAL: juliaoceania http://www.thelawinsider.com/insider-news/politicians-pay-the-price-for-using-unauthorized-music/ The artist typically sues or threatens to sue the candidate for the unauthorized use of the song. In most cases, after much ado and public relations posturing on both sides, the candidate and the artist reach a settlement and the candidate ultimately discontinues use of the song. snip DeVore refused to settle. Rather, his lawyers maintained that the Internet videos “at least in part” commented on Henley and his work, and therefore met the standard for a parody. They argued that it was no accident that DeVore chose Henley’s music because the candidate was seeking a “prominent” entertainment figure to underscore his point of taking on “the Hollywood and entertainment elite” who helped President Obama and Senator Boxer get elected. Not only did DeVore lose in the Republican primary, he also lost in court. In June a U.S. district court judge ruled that 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 ruled the new lyrics did not rise to the level required for parody, which is a defense to copyright infringement. snip Don Henley commented, “My colleagues and I brought this lawsuit to protect our music from being taken and used, without permission, to promote someone else’s agenda. It was not a question of political ideology, but the right of artists to control the use of the works they create, and protect their livelihoods. . . . This is a moral victory and a victory for every copyright holder in the United States. We set a precedent that will likely discourage this kind of behavior [i.e., unauthorized uses of copyrighted songs by political campaigns]. I think this is going to have a very positive effect on the creators of music.” The court’s ruling in this case confirms that when it comes to music, political candidates, like everyone else and regardless of affiliation, must pay to play. Doesnt apply to this situation, the lyrics havent been changed, she just used the actual recording.
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