Cruz Campaign Can't Avoid Copyright Infringement & Contract Claims

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Leopona, Inc. et al. v. Cruz for President, No. 00658-2016 (W.D. Wash. July 11, 2016).

In a case involving former presidential candidate Ted Cruz's use of two licensed songs in YouTube videos supporting his campaign, the Court denied Cruz's motion to dismiss the plaintiffs' copyright infringement and breach of contract claims.  The breach of contract claim, which included a $25,000 liquidated damages provision, arose out of a license agreement that restricted use of the licensed song for political purposes.  The court held that the licensor's claim was not pre-empted by section 301 of the Copyright Act because the licensor was not the copyright owner (it was a distribution and licensing service), and the actual copyright owners (the song's authors) had not brought breach of contract claims -- they had brought only copyright infringement claims.  Lastly, on the claim for an injunction, the Court held that it was not moot due to suspension of the Cruz campaign because the YouTube videos were still available online.

Don Henley Complaint Against Politician

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Don Henley v. Devore, No. 09 Cv. 0481-JVS (C.D. Cal. complaint filed 4/17/2009)


"This action arises out of the wholesale appropriation and exploitation by Defendants DeVore and Hart of the well-known and valuable song "The Boys of Summer," written by Plaintiffs Don Henley and Mike CampbelL. Defendants' infringing conduct is unauthorized, brazenly wilful, and pursued solely in order to promote DeVore and Hart's personal and professional agenda. Openly flouting Henley and Campbell's intellectual property rights, DeVore and Hart copied almost
all of Henley and Campbell's copyrighted musical composition note for note and, altering the lyrics to suit their own purpose and using a recorded performance of the work to mimic the original Henley recording, produced and distributed a video featuring Henley and Campbell's song (the "Boys of Summer Video"). DeVore and Hart's avowed aim in doingthis was to use the Boys of Summer Video to promote DeVore's campaign for th~ Republican nomination for the U.S. Senate in 2010.

McCain Sued For Use of Song

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Singer/songwriter Jackson Browne is suing Republican presidential nominee John McCain and the Republican party for using his song "Running on Empty" in a recent TV commercial (Billboard.)

Jackson Browne v. John McCain et al, No. 2:08-cv-05334-RKG (C.D. Cal. complaint filed Aug. 14, 2008).