Jonathan Pink — Entertainment, Internet and New Media Partner at Lewis Brisbois, LLP Rotating Header Image

Chuck DeVore Sings!

Here I figured nobody ever reads this drivel, but it seems some people have nothing better to do. 

 

You’ll recall (that is, if you have nothing better to do) that I wrote yesterday about the would-be Republican (it figures) Congressman, Charles DeVore, who used two Don Henley songs in his campaign material.  Henley sued for copyright infringement, and DeVore (Republican; it figures) claimed a fair use defense, asserting that his material was a parody.  I suspected that the parody defense was the work of DeVore’s attorney, and not that of the would-be Congressman. 

 

Well, it appears – at least according to DeVore – that I was mistaken.  Seems DeVore actually read my blog and called me on my statements.  Here’s what he said in an email:

 

I announced the lyrics to both songs on Breitbart’s Big Hollywood and announced them as parody from the start.  “After the Hope of November is Gone” was my first.  It parodies Henley and his support of Obama (he gave $10,000 to Obama out of the $750,000 he’s given to Democrats over the years).  This song was based on “The Boys of Summer.”  I then wrote “All She Wants to do is Tax.”  The use of parody was intended from the start and was not an innovation from my lawyer, as you incorrectly state.

 

http://bighollywood.breitbart.com/cdevore/2009/04/01/devore-for-california-campaign-announces-hope-of-November-parody-song-contest/

 

All the best,

 

Chuck DeVore
California State Assemblyman
Candidate for
United States Senate, 2010

You’ve got to give the guy credit for his spunk. 

Of course, spunky or not, Chucky will want to remember the distinction between parody and satire, as only the former will give him the protection he’s looking for.   In any event, given that he’s out there pushing the envelope, I invited him to participate in the upcoming BC Edge.  (As I mentioned yesterday, the topic for April 29, 2009 will be the conflict between protecting copyrights and the seemingly unstoppable infringement tsunami fueled by P2P networks and overly zealous political campaigns.)

 

At that point, DeVore  got a little noncommittal.  He said “Let me think about your offer.  We have more venues than I have time to write — and I write a lot!”  Yes, well making parody videos to promote your run for Congress, doesn’t leave you with much extra time, does it?

Jonathan Pink is a business lawyer with a specialty in copyright, patent and trademark litigation. His clients include many of the biggest names in the automotive and motorcycle aftermarket parts industries, and one of world's largest media companies. He has extensive experience in a wide range of intellectual property and commercial disputes including breach of contract, fraud, and the misappropriation of trade secrets. He can be reached at 949.223.7173, or at jonathan.pink@bryancave.com, and his full profile can be viewed at www.bryancave.com.

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