Joe Walsh (rock star) v. Joe Walsh (candidate)

[MikeA]

I kept watching for something like this to happen. I keep getting Google notices concerning the politician Joe Walsh (not our Joe!)

I got this from

http://www.suburbanchicagonews.com/n...100127.article

[sodascouts]

To: Joe Walsh
P.O. Box 56
830 W. Route 22
Lake Zurich, IL 60047
Info@walshforcongress.com

Re: "Walk Away:

Dear Mr. Walsh:

We represent Joe Walsh -- not you, but the musician who plays guitar with the Eagles. Joe wrote a song called "Walk Away." A lot of people know this song. That's why when they heard your campaign song, "Lead The Way," they noticed it was the same song as "Walk Away," but with peculiar lyrics.

As a candidate for Congress, you probably have a passing familiarity with many of the laws of this great country of ours. It's possible, though, that laws governing intellectual property are a little too arcane and insufficiently populist for you to really have spent much time on. We're writing because we think laws are important, and it might be beneficial to your potential future career as a congressman if you were more aware of them.

First, there's the United States Copyright Act. It says a lot of things, but one of the things it says is that you can't use someone else's song for your political campaign promotions unless you get permission from the owner of the copyright in the song. As far as we can tell, you didn't do that. Maybe you got so busy with the campaign that you just forgot. But that's no OK.

Second, under that same United State Copyright Act, you're not allowed to take someone's song and change the lyrics. This is not to say you're not allowed to write silly lyrics, you just have to write them to your own music. Now, I know why you used Joe's music -- it's undoubtedly because it's a lot better than any music you or your staff could have written. But that's the point. Since Joe writes better songs than you do, the Copyright Act rewards him by letting him decide who gets to use the songs he writes.

You might also want to check out the trademark laws. They're there to protect the public from being confused as to the source of goods or services or as to whether someone endorses particular goods or services. Given that your name is Joe Walsh, I'd think you'd want to be extra careful about using Joe's music in case the public might think that Joe is endorsing your campaign or, God forbid, is you. Or maybe you intended that. But you shouldn't have.

I'm sure that when you take this letter to a lawyer with a passing knowledge of copyright and trademark law, he'll give you some good lawyer words to put in a letter back to us -- things like "First Amendment," fair use," "parody" and "so's your old man." Having dealt with situations like this in past, we know that the first refuge of political scoundrels is the First Amendment. Just know that this is an area in which I've practiced my entire career and I can promise you that none of those buzzwords (or the law that they represent) works for you here.

In fact, if you check with your own Republican National Committee (the "RNC"), they can confirm this for you. You may recall that, during his 2008 campaign, Senator John McCain used Jackson Browne's song "Running On Empty" without permission. A lawsuit ensued, following which Senator McCain, the Ohio Republican Party and the RNC apologized for misusing the song. They "pledge(d)" in future election campaigns to respect and uphold the rights of artists and to obtain permissions and/or licenses for coyprighted works where appropriate." It's appropriate here, so we'd appreciate it if you'd get on board with your party.

As a former Presidential candidate, Joe Walsh knows how tough it is to ge elected. But he always played by the rules. And so should you. Therefore, we must insist that you discontinue using in your campaign any material that infringes the copyright in "Walk Away" (or any of Joe's other songs).

We trust that you will promptly comply with this request so that we don't have to go all Jackson Browne on you. Further to that thought, please note that nothing conatined in this letter should be construed as a waiver of any rights, remedies or claims that Joe Walsh (again, the musician, not you) may have. Accordingly, all those rights, remedies and claims are expressly reserved.


Sincerely,

Peter T. Paterno
of King, Holmes, Paterno & Berliner, LLP

Ouch!! I'm sure Paterno fancies himself quite clever and funny with the above. I will admit that I did get a chuckle out of some of it. But since when has Joe Walsh "always played by the rules" regarding campaigning? If I recall correctly, he promised free gas for everyone if he were elected.... of course, that was a parody, so perhaps the rules don't apply.... Hmmm.

Oh well. Undoubtedly the Joe Walshes (and their lawyers) will work something out.

(Mike - I too have found it tiresome to wade through all the articles on candidate Joe Walsh when looking for info on our guy).

[Prettymaid]

I'm sure that when you take this letter to a lawyer with a passing knowledge of copyright and trademark law, he'll give you some good lawyer words to put in a letter back to us -- things like "First Amendment," fair use," "parody" and "so's your old man."

We trust that you will promptly comply with this request so that we don't have to go all Jackson Browne on you.

I found these two parts to be funny, but overall Paterno came off pretty condescending.

[sodascouts]

As a former Presidential candidate, Joe Walsh knows how tough it is to get elected.

I thought this line was pretty funny!

But I agree with PM - overall Paterno laid it on too thick and came off sounding rather snotty.

[sodascouts]

Found the video for it on YouTube. I have to say, it's pretty lame.

[ame]http://www.youtube.com/watch?v=8Rqy6Vx-yHo[/ame]

It's like Henley v. DeVore all over again! BTW, wonder how that lawsuit is progressing? It's been a while since we've heard anything.

[MikeA]

There is no doubt in my mind that IF Rocker Joe Walsh had been elected President, he WOULD have given free gas. It might have been in the form of complimentary Tex-Mex chili though.

[sodascouts]

Mike - LOL!!!!

Anyway, here's the latest:

Candidate Walsh Won't Walk Away

By JIM NEWTON jnewton@scn1.com

[sodascouts]

Responding to Thacker's claims, King also said Paterno would not be asking Walsh whether he really cared about the music video.

WTH?? This seems to imply that Joe doesn't even know this is happening and he just gives his lawyers a free hand to do whatever they deem necessary in his name! Surely not! Surely he would not entrust his reputation to a bunch of entertainment lawyers without even bothering to keep track of what they are doing. Surely Joe understands that when his lawyer writes "I represent Joe Walsh" it is he, not his lawyers, who has to accept responsibility regardless of whether or not he has a clue about what those lawyers are doing.

It would explain a lot though...

[Ive always been a dreamer]

Unfortunately, soda I think that could very likely be the case here. Entertainers, sports figures, and other wealthy people often hire these lawyers under a retainer agreement that includes general guidelines and pre-authorization for the attorney to act on certain legal issues. I'm not saying that is the case here, but it is certainly possible. Even though the letter did have some funny moments, overall, I thought it came across as very unprofessional. And, of course, the video that you posted has been taken down from YouTube.

[sodascouts]

If that's the case, Dreamer, then I think Joe would be well-advised to keep himself a bit more informed. I know if it were me I'd want to be darn sure I specifically approved any aggressive action taken by someone in my name, especially the kind that gets splashed all over the news.

At any rate, here is Candidate Joe Walsh's response to Paterno:

January 28, 2010

Mr. Peter T. Paterno
(Attorney for Joe Walsh, the Rockstar)
Kings, Holmes, Paterno, & Berliner, LLP
Los Angeles, CA

Dear Mr. Paterno,

I hope all is well. I’m writing for myself, Joe Walsh, a Republican Candidate for Congress in Illinois 8th District. You know where that is, don’t you? It’s that wide-open part of the country you fly over on your way from Los Angeles to New York. I’m writing in response to your letter addressed to me, which was printed in the Waukegan News Sun yesterday, January 27. That’s the first we ever saw of your letter.

As a candidate for U.S. Congress, I do have a passing familiarity with many of our Country’s laws. But I have a strong familiarity with our Constitution and our freedoms. In fact, one of the main reasons I’m running is to get all of us to start paying more attention to that 220-some year old document. We’ve got folks in Washington who for too long have been passing legislation that has no basis in the Constitution and have for years been eroding our freedoms. I want to put a stop to that.

First off, I’ll be happy to add a disclaimer to the video that says Joe Walsh, the Rockstar, is not affiliated with and is in no way endorsing Joe Walsh, the candidate. Though I’d be happy to sit down with Joe one day soon to discuss his possible endorsement. I have to think he’d be somewhat intrigued.

Second, a good friend of mine, professional musician, and huge Joe Walsh (the rockstar) fan, Joe Cantafio performed this song and he had great fun in doing so. Joe is an amazing guy — he’s lead guitarist and singer for the 101st Rock Division, and they entertain our troops around the world. They performed in Afghanistan and Iraq in 2004. Joe is also the Executive Director of the National Veteran’s Museum and he promotes jobs, education, and health programs for our veterans. I’m sure Joe Walsh (the rockstar) would appreciate the work that Mr. Cantafio does and when this is all over, perhaps he’d consider a donation to the Veteran’s Museum.

Joe had great fun doing this parody song of the political process. With so much negativity in politics, he thought — and I agreed — that it would be a wonderful breather to do something fun and positive for a change. I find it really funny that you’d let “leftist” Hollywood-think affect your enjoyment of our parody. But, to be honest, and I mean no disrespect, I am not in this race to win the approval of a Hollywood entertainment attorney. I realize that you all have fun with us in “fly over” country and must be having a good chuckle over the fact that I’m a “tea party” candidate ( I won’t repeat the term most of your Hollywood friends use). Well, here in the 8th District of Illinois, we have a whole bunch of us tea party folks — we’re actually Republicans, Independents, and quite a few Democrats who are pretty upset with the way our government is growing and the way our freedoms are eroding. I have to believe that even Joe Walsh (the rockstar) would agree with that sentiment.

A few other points: first, I am a political candidate, not a rock star (though always dreamed of being one). I have always been a big Eagles fan. In fact, the Eagles are my son’s (currently 22 years old) favorite rock band — he fell in love with Hotel California when he was ten years old. I thought our song was perfectly fine music and I actually don’t think you’re even close to correct on the law. Copyright laws protect expression, they don’t protect ideas. The lyrics for the song were entirely ours, and that included everything that was said in the video, not just sung.

We are not making any money off of the video, are not taking any money away from Joe Walsh (the rockstar), the lyrics are distinct, and another band recorded this video. Anyone can do a “cover” of the song. By the way, if you were actually considering a lawsuit, you probably want to be suing Joe Cantafio separately and equally, but be careful on that one, Joe is more outspoken than I am.

This video is a parody, protected by the Supreme Court.

Your reference to the Jackson Browne/John McCain dust-up up is silly. Campbell v. Acuff-Rose Music, 510 U.S. 569 (1994) was a US Supreme Court case that clearly established that a commercial parody can qualify as fair use. What you obviously missed in the Jackson Browne case is that Sen John McCain was using the actual recording of Jackson Browne unedited as a campaign song. Here, we are using the Karaoke version of a song, with our own lyrics, that even viewed in the most favorable light by your side is clearly parody, and hence, protected.

Peter, I have to say that I’m surprised you and Joe Walsh (the rockstar) even made an issue of this. I encourage you and everyone else who is learning about this in the media (because, again, that’s where we first learned of it!) should go watch the video and determine for yourself what it’s all about. I must admit, I’m beginning to think that because I’ve been out there for a few months as a “tea party conservative” candidate, all you liberals out in Hollywood are using this to attack someone whose beliefs you don’t understand and always disrespect (can you say Sarah Palin?). I hope the Democratic National Committee and Nancy Pelosi didn’t put you up to this. As the frontrunner to take on Nancy’s Democrat Incumbent Melissa Bean this year, I wonder if I’m a threat to a whole bunch of liberal interests here who want to take down a tea party candidate. With what happened in Massachusetts last week with Scott Brown’s big upset, the tide is turning.

Peter, this tea party movement is made up of great patriotic folks who really do believe we’re losing what makes this country great and we’re robbing our kids and our grandkids of their futures if we don’t stop and reverse this immoral government spending path we’re on. The movement is growing, and it’s not at all the fringe element your friends in the media portray it to be. It’s going to have a real impact on our elections this year — which is a good thing. I don’t mean any disrespect, but I do trust the folks of Illinois 8th District much more than I trust an attorney from Hollywood.

Lastly, please convey the following message directly from me, Joe Walsh (the candidate) to Joe Walsh (the rockstar). This is all about freedom. Joe Walsh (the rockstar) has been a big proponent of freedom his whole life. I hope you’re not going to sue my parents for giving me the name they did. This is the United States of America, where we’re free to express ourselves however we want — especially when it comes to politics. Political satire and parody are staples of our culture. I intend to go to Washington to ensure that all Americans enjoy these freedoms that both Joe Walshes have enjoyed all of our lives. I’ve always been a fan of Joe’s (the rockstar) and would actually enjoy sitting down with him sometime soon over a beer and hashing this thing out.

Assuming he still believes in freedom, I’m hoping he’d be open to something like that. But if I have to fight and take a stand here, I will. I’m not going to just sit back and be attacked for my “tea party conservative” political beliefs. I share those beliefs with too many folks around here so that’s an attack on a whole bunch of us.


Sincerely,
Joe Walsh
(the Candidate)