A Judge in California District Court ruled that politician Chuck 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.
I blogged about this case earlier here. The Hollywood Reporter Esq. blog has a fantastic summary of the legal basis behind the judge’s opinion here.
The new lyrics did not rise to the level required for parody, which is a defense to copyright infringement. The new work (the revised lyrics) must be used to make fun of or ridicule the original work or even the author of the original work.
Interesting fact: Don Henley is a Texas Native and currently resides on his ranch in East Texas.
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About ipandentertainmentlaw
Tamera Bennett, nicknamed by her clients as the IP quarterback, develops strategies to protect and leverage each client's intellectual property. She works closely with her clients to implement customized brand management programs. Her clients range from rock star to leadership coach and financial guru to custom motorcycle designer.
Prepared with an undergraduate degree in Recording Industry Studies and a law degree from Texas Wesleyan University School of Law, Tamera represents clients throughout Texas and Tennessee in entertainment, trademark and copyright law related matters
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June 2nd, 2010 at 3:46 pm
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