David Byrne, an individual, Index Music Inc., a New York corp. v. Charlie Crist, an individual and Charlie Crist dba Charlie Crist for United States Senate, XYZ Companies, John Does, Jane Does
Published: Aug. 13, 2011 | Filing Date: Jan. 1, 1900 |Case number: 8:10-cv-01187 RAL-MAP Settlement – Equitable Settlement
Court
USDC Florida
Attorneys
Plaintiff
Lawrence Y. Iser
(Kinsella, Holley, Iser, Kump & Steinsapir LLP)
Defendant
Facts
In Jan. 2010, former Florida Governor Charlie Crist released a YouTube Web video attacking opponent Marco Rubio, which included a portion of the song "Road to Nowhere" by the Talking Heads. David Byrne of the Talking Heads demanded that Crist stop using the song in the video. Crist's campaign agreed to stop use of the song. Byrne later sued Crist and his former media consultants, Stevens & Schriefer Group ("SSG"), for copyright infringement.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant did not ask for permission to use the song and thus, misappropriated it.
DEFENDANT'S CONTENTIONS:
Defendant SSG argued that it inserted the song at the direction of Crist's campaign manager. Defendant Crist argued that defendant Stevens was responsible for getting authorization to use the song.
Damages
Plaintiff sought $1 million.
Result
The parties reached a settlement, which included an apology on YouTube by Crist in which Crist stated that he did not condone conduct conflicting with artists' rights.
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