From Big Hollywood comes word of an interesting development in the case of the "parody" videos created by the campaign of state Assemblyman and US Senate candidate Chuck DeVore (R-CA). YouTube has re-posted the DeVore video based on the Don Henley hit "All she wants to do is Dance," transformed by DeVore into an attack on his opponent, Sen. Barbara Boxer (D-CA), called "All she wants to do is tax":
Henley himself owns no copyright in "Dance," and thus has no ability under the DMCA to demand the video's takedown. (The DMCA applies only to copyright claims.) The composition in "Dance" is administered by publisher Warner-Chappell, which sent a takedown notice to YouTube on the video. DeVore's campaign sent a counter-notice under the DMCA; Warner-Chappell did not sue, so YouTube re-posted the video.
Henley's lawsuit against DeVore proceeds. He has copyright claims based on DeVore's "parody" of "The Boys of Summer" (whose composition Henley does own), and Lanham Act/17200 claims based on "Dance," which recently survived a motion to dismiss.