Don Henley comments on the Eagles and Frank Ocean - lawsuit threatened

[Koala]

Don Henley is major pissed at Frank Ocean

http://www.deathandtaxesmag.com/179463/don-henley-is-major-pissed-at-frank-ocean/

another one

Don Henley Threatens Frank Ocean with Legal Action over "Hotel California" Sample

http://exclaim.ca/News/don_henley_threatens_frank_ocean_with_legal_action _over_hotel_california_sample

[sodascouts]

Larry Solters, the guys' publicist, made a statement about the issue in one of the links Koala posted which was misleadingly titled "Don Henley Threatens Frank Ocean with Legal Action over 'Hotel California' Sample." In case anyone didn't get a chance to read it all, I'm reposting the response here. It appears that Don has not actually threatened to sue after all... at least, not yet.

The statement says:


Frank Ocean did not merely "sample" a portion of the Eagles' "Hotel California"; he took the whole master track, plus the song's existing melody, and replaced the lyrics with his own. This is not creative, let alone "intimidating." It's illegal. For the record, Don Henley has not threatened or instituted any legal action against Frank Ocean, although the Eagles are now considering whether they should. Any further questions regarding this matter should be directed to Warner Music Group as it is the entity that currently owns the master recording and made the contact with Frank Ocean's representatives concerning his infringement of the master recording.

[WalshFan88]

http://ultimateclassicrock.com/eagles-respond-to-frank-ocean-hotel-california/

[Topkat]

Wow. So another saga of Hotel California begins. Well, I enjoyed that R&R HOF video! :bow:

[Wildthyme]

If I were the Eagles I would sue Frank Ocean for defamation because that "song" he "wrote" using the HC track is total dreck... :roll:

[Ive always been a dreamer]

Yeah - this will be interesting to watch. Not cool that he used the master track for the song. I mean how hard would it have been for him to record his own music - it seems almost as if he were inviting trouble to me. :confused:

[VAisForEagleLovers]

It seems like this guy figures those who've already been successful owe the new guys something. His statement that Don Henley is already rich, so why would he sue the new guy gives the mentality we're dealing with. I don't think it occurred to him that what he was doing was wrong. I'm still not sure he gets it. Perhaps suing him is the only way to educate him?

[Victim of Love]

Today on MSNBC.com, pretty much the same as the other site reported:

http://entertainment.msnbc.msn.com/_news/2012/03/02/10562495-did-rb-singer-steal-entire-melody-of-hotel-california

LA Times from March 1:

http://entertainment.msnbc.msn.com/_news/2012/03/02/10562495-did-rb-singer-steal-entire-melody-of-hotel-california

[Henley Honey]

It seems like this guy figures those who've already been successful owe the new guys something. His statement that Don Henley is already rich, so why would he sue the new guy gives the mentality we're dealing with. I don't think it occurred to him that what he was doing was wrong. I'm still not sure he gets it. Perhaps suing him is the only way to educate him?


On the contrary, VA. I think he's crazy like a fox. If his intent was to get his name out there and gain media attention, then his theft of the master track worked like a charm. It's too bad his "talent" :headscratch: alone couldn't achieve the same goal.

But I agree -- they should sue the crap out of him. I'd LOVE to be on that jury. Dic#head.

[VAisForEagleLovers]

On the contrary, VA. I think he's crazy like a fox. If his intent was to get his name out there and gain media attention, then his theft of the master track worked like a charm. It's too bad his "talent" :headscratch: alone couldn't achieve the same goal.

But I agree -- they should sue the crap out of him. I'd LOVE to be on that jury. Dic#head.


HH, I did think about how this is working out for him as free advertisement and it's a shame it works out that way.

[sodascouts]

Ironically, in order to allow their readers to compare "American Wedding" to "Hotel California", these major news sites are linking to someone's unsanctioned upload of the original "Hotel California" on YouTube.... which Henley also considers a violation of copyright.

[WalshFan88]

More press:

http://music.msn.com/music/article.aspx?news=708639


After Eagles lead singer Don Henley allegedly reached out to Ocean earlier this week and threatened a lawsuit, Ocean fired back on his Tumblr. "He (They) threatened to sue if I perform it again. I think that's f---in' awesome. I guess if I play it at Coachella it'll cost me a couple hundred racks ... They also asked that I release a statement expressing my admiration for Mr. Henley, along with my assistance pulling it off the web as much as possible." Ocean insisted that he was paying homage to the Eagles and noted that he released "Nostalgia, Ultra" for free online.

How dumb is this guy?! He thinks it's awesome they are going to sue him? Sounds like he's got one or two screws loose! I hope Henley and the Eagles clean him out (sue to the maximum amount).

[Victim of Love]

Frank Ocean has more than a COUPLE screws loose. Everyone knows you simply don't mess with Don Henley -- it's a no-win situation that has nothing to do with how much money he has. It's about his passion for what's right or wrong. And to so blatantly use "HC" is just plain WRONG. I guess the question is whether he tried to pass it off as original? THAT would constitute plagiarism and we all know Henley would win that in court with both hands tied behind his back and his mouth taped shut.

[tequila girl]

Henley would win that in court with both hands tied behind his back and his mouth taped shut.

Haha That bit just brought a big silly grin to my face......I can just visualise him - the eyes alone would do it!

[VAisForEagleLovers]

It was on my MSM homepage last night, but this article didn't include a link to listen to HC, just 'american wedding'. It didn't say anything new or different, but it's getting more attention.

It's a tough spot to be in, to be the bad guy and go to court and sue the new guy. I can't believe Ocean is this brainless, and I can't believe he's put anyone, let alone the Eagles in this sort of position. But if they don't put a stop to it, then the guy'll just do it again with Stairway To Heaven or something.

[Ive always been a dreamer]

Well everyone knows it's not cool to copy someone else's music. Like I said yesterday - Frank Ocean was inviting trouble as far as I'm concerned - I mean c'mon this isn't rocket science. As HH said - it may have been a publicity stunt.

In any event, I didn't have time to read all the comments on all these articles because there are a LOT of them. In scanning them, it seems the overwhelming majority of them favor the band. Also, in the link that VOL posted yesterday, there is a poll for folks to vote on it. Right now, the vote is 94.1% in favor of the Eagles. Here's that link again for those who want to take a look ...

http://entertainment.msnbc.msn.com/_news/2012/03/02/10562495-did-rb-singer-steal-entire-melody-of-hotel-california

[sodascouts]

It was on my MSM homepage last night, but this article didn't include a link to listen to HC, just 'american wedding'.
That appears to be exception rather than the rule, if the links provided in this thread are any indication.

At any rate, Ocean's comment that it is "awesome" to be threatened with a lawsuit is just bravado, in my opinion, and perhaps an attempt to propagate the "tough rebel who doesn't care about the establishment but is being persecuted by the man" image.

In reality, he must know that if he loses a lawsuit, it will not just result in a fine of "a couple hundred [thousand dollars]"; he will be ordered by the court to stop performing the song. Defying such an order constitutes contempt of court, which can land Mr. Ocean in jail.

If Ocean didn't know this when he made his comment, surely the people at his new label, Def Jam, have enlightened him by this point. I imagine that despite all of this noise, Ocean will back down before too long.

Don Henley is not perfect and thus I cringe at the notion that "no one can mess with Don Henley" as it implies he has no problem using his wealth and power to crush anyone who disagrees with him. I would hope Henley is not that kind of person. In this case, though, I think it is rather apparent that Ocean has no ground upon which to stand.

Frankly, I'm surprised that this incident got the kind of attention it did. Warner Brothers sends out those kind of threats all the time, and Henley does not hesitate to send Cease and Desist orders regardless of the intent of those involved (although in this case, the threat of a lawsuit was not at his behest). Rappers who have sampled songs without permission have gotten this kind of heat before as well, and as Solters points out, Ocean goes further than sampling. What's newsworthy here?

However, for those of you saying that the publicity this has garnered is bad for Ocean because most people don't agree with his stance... that's not necessarily true. What's important is not how 94% of America feels about it. What's important is what Ocean's target audience / potential market feels about it. I have a feeling their response to his "defiance" is far more positive.

[Victim of Love]

Originally posted by Sodascout
Don Henley is not perfect and thus I cringe at the notion that "no one can mess with Don Henley" as it implies he has no problem using his wealth and power to crush anyone who disagrees with him. I would hope Henley is not that kind of person. In this case, though, I think it is rather apparent that Ocean has no ground upon which to stand.


Just to clarify: I was in no was implying that Don would ever use his wealth or power to resolve this situation. I was speaking of his being passionately outspoken on matters dear to his heart - and in the best interest of artists everywhere. Based on several articles I've seen on this issue, there are conflicting reports as to whether Don has actually had any contact with Ocean (although I could conjur up an image of Don phoning Ocean and saying, "Hey, you've got to cease and desist, man. And while you're at it, you owe me a public apology.")

As far as the legal aspect is concerned, a copyright protetcts the artist and gives them exclusive right to their work 'for the life of the author plus 50 years'. Since Don is alive and kicking, Ocean has a responsibility to obtain approval, and I don't think any of us see that as a viable outcome.

I suspect the legal powers at Def Jam are cringing at momentum this thing is gaining. Ocean might want to rethink all of the comments he's making. Bigger stars have surely been dropped by labels for not knowing when to keep their mouth shut. What is it Don sings? Oh, yes....I will not go quietly. Apparently Frank Ocean hasn't gotten the memo yet.

[EaglesKiwi]

It's a pretty cheap shot to throw Don Henley's name around... The music was written by Felder, the lyrics by Frey/Henley jointly, and it was performed by the Eagles as a group - and yet only Henley gets mentioned as objecting? Really?.

[Victim of Love]

Good point, Kiwi! I think the reason Don is the one getting the mention here is because he has always been assumed to be the 'head honcho' and, as such, always ends up being the go-to guy in situations such as this. It would be interesting to hear from the other camps.

[Ive always been a dreamer]

EK - I kinda agree with you and I even thought this conversation should probably be in the Eagles thread. Unfortunately though, since Don has been involved in several high-profile lawsuits, his name is usually the first to be associated with any discussions about legal action. However, as Larry Solters said, any legal action would be taken on behalf of the Eagles. Hopefully, Mr. Ocean will wise up though, and none of this will be necessary.


At any rate, Ocean's comment that it is "awesome" to be threatened with a lawsuit is just bravado, in my opinion, and perhaps an attempt to propagate the "tough rebel who doesn't care about the establishment but is being persecuted by the man" image.

I agree with this statement, Soda. However, with about 95% of the public apparently siding with the band, it doesn't appear that Mr. Ocean is winning the battle of public opinion here. He may be impressing his relatively small fanbase, but that's no big deal, IMO. If the overwhelming majority of the public has a negative opinion of him, that doesn't get him very far if his goal is to make the band seem like the bad guys here.

[eaglesfan12]

http://mobile.news.com.au/entertainment/music/don-henley-of-the-eagles-accuses-frank-ocean-of-stealing-his-song/story-e6frfn09-1226941446957

Well done don. Why should other artist get to steal people work. Least gave them warning 1st
That ocean guy needs to do own work.

[DJ]

So I understand that these songs are fabulous works of music but what I don't understand is if these people want to become musicians, why don't they write and create their own music and lyrics. Why do they think it's ok to steal someone else's hard work and sweat equity.
To me that just proves that they are not a musical talent at all.

[sodascouts]

Actually, legal action was only threatened, and the Eagles are not actually suing this guy - unless something has changed, and I didn't see anything about that in the article.

This happened over two years ago. I wonder why this Australian reporter not only asked him about it now, but made it the centerpiece of the article?

ETA: I merged this with the other posts talking about it.

[GlennLover]

Another article on the subject that. I just received in a. Google alert: :eyebrow: http://flavorwire.com/460782/don-henley-doesnt-get-it?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+flavorwire-rss+(Flavorwire)

[Ive always been a dreamer]

Yeah - It is rather strange that this was brought to the forefront again. And it does boggle my mind that these so-called 'artists' think it's okay to use another artist's intellectual property without authorization.

[Topkat]

I just read that article & that writer was so insulting to Henley & the Eagles. I thought it was so disrespectful. Then I listened to that song, which the music is note for note Hotel California with different lyrics.
I think they should sue him, & it's not even about the money. He is outright stealing that music.
Wonder where Felder fits into all this since he is the one who wrote the music & I guess is still part owner of the song even if he is no longer an Eagle?
I haven't heard the other song they had mentioned; but I really don't want to hear it!
You Don't mess with PERFECTION!

[Freypower]

I just read that article & that writer was so insulting to Henley & the Eagles. I thought it was so disrespectful. Then I listened to that song, which the music is note for note Hotel California with different lyrics.
I think they should sue him, & it's not even about the money. He is outright stealing that music.
Wonder where Felder fits into all this since he is the one who wrote the music & I guess is still part owner of the song even if he is no longer an Eagle?
I haven't heard the other song they had mentioned; but I really don't want to hear it!
You Don't mess with PERFECTION!

Felder co-wrote the song & gets songwriters' royalties. His status as a former Eagle has nothing to do with the publishing rights of a song.

[sodascouts]

Still, I wonder if Felder's OK with it.