Facts

Defendants Chuck DeVore and Justin Hart made videos using musician, Don Henley's, songs to promote DeVore's campaign for U.S. Senate. The campaign ads were posted on various websites, including YouTube.

Don Henley, Mike Campbell, and Danny Kortchmar filed suit against DeVore and Hart, alleging copyright infringement. Henley also brought a claim against the defendants for false endorsement under the Lanham Act.

PLAINTIFF'S CONTENTIONS:
Henley alleged he did not authorize the use of his work and did not wish it to be associated with DeVore or his campaign.

DEFENDANTS' CONTENTIONS:
DeVore and Hart contended that their use of the songs were parodies, protected by the fair-use doctrines of the U.S. Copyright Act. DeVore alleged that rewriting the lyrics to the songs to attack liberal policies clearly displayed the intention to parody the songs.

Result

The court rejected defendants' fair-use defense, finding that the campaign ads were infringing, but granted summary judgment to the defense on the Lanham Act claim. The parties subsequently a confidential settlement as to damages.

Other Information

FILING DATE: April 17, 2009.