EXCLUSIVE: DeVore and Free Speech Win Round One Vs. Don Henley

On April 1, California State Assemblyman Chuck DeVore’s campaign for U.S. Senate against Barbara Boxer released the YouTube, “After the Hope of November is Gone,” a parody video based on Don Henley’s “The Boys of Summer.” The video criticized President Obama and mocked celebs like Henley who have been made “crazy” with desire over the President. 

It took just six days for Henley to file a copyright claim under the Digital Millennium Copyright Act (DMCA) and YouTube immediately took the video down.  

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Refusing to be intimidated, DeVore fired back with a DMCA counter-notification and on April 14th created another YouTube parody aimed at Boxer’s support for cap-and-trade. ”All She Wants to do is Tax” is based Henley’s “All She Wants to do is Dance” and immediately began racking up 10,000 views a day.

Though he doesn’t hold the rights to ”Dance,” Henley filed a federal suit against DeVore and encouraged the true copyright holder to file a copyright infringement complaint with YouTube.  Within a few days YouTube took DeVore’s second video down. Then DeVore caught Henley off guard and fought back with a counter-suit claiming Henley was infringing on his First Amendment right to political parody.   (more…)