Don Henley et al v. Charles S Devore et al

Filing 80

DECLARATION of Hal Poret in support of MOTION for Partial Summary Judgment as to liability for copyright and Lanham Act claims 57 SUPPLEMENTAL DECLARATION filed by Plaintiffs Mike Campbell, Don Henley, Danny Kortchmar. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Charlesworth, Jacqueline)

Don Henley et al v. Charles S Devore et al

Doc. 80 Att. 1

Dockets.Justia.com

Respondent ID (Number used on Defendants' chart) 25 (11)

Responses to Open-ended Questions (Question Nos. 1-8) Respondent believed that permission or authorization was obtained by DeVore for the "use of an eagles song"

Responses to "What is the name of the artist or artists whose music was used in the videos, if you know?" (Question No. 10) "Don Henley" "don henley ­ i guess he's a republican"

221 (50)

Respondent believed permission or authorization was obtained by DeVore from "the songwriter and maybe the record company" for the "popular and somewhat recent songs" because "[p]eople have gotten into copyright infringement trouble by appropriating someone else's music and spoofing their lyrics. Copyright infringement is serious stuff."

350 (85)

Respondent believed that permission or authorization was obtained by DeVore from "Don Henley or his record company ... to use the music from one of his songs."

"Don Henley" "don henley"

Poret Supplemental Declaration - Exhibit 1

Page 6

368 (Not included on Defendants' chart)

Respondent believed that "don henley" endorsed or approved some aspect of the videos because "the songs used are all she wants to do is dance and boys of summer, two of my favorite songs."

417 (96)

Respondent believed that permission or authorization was obtained by DeVore because "[i]t seems like you would need permission for the music."

"Don Henley" "don henly [sic]" "Don Henley"

418 (97)

Respondent believed that permission or authorization was obtained by DeVore for "the copyrighted music" from "the person who owns the song."

468 (110)

Respondent believed that permission or authorization was obtained by DeVore from "whoever holds the copyright" for "the music ... because I'm sure the music was copyrighted and had to have permission to use it."

595 (126)

Respondent believed that permission or authorization was obtained by DeVore from "[t]he music artists" "[b]y contacting the makers of the songs and asking permission for it to be included in campaigning [sic]."

"Don Henly [sic]"

Respondent ID (Number used on Defendants' chart) 885 (162)

Responses to Open-ended Questions (Question Nos. 1-8) Respondent believed that permission or authorization was obtained by DeVore for "don henleyt" [sic] and "all she wants to do is dance" because "it was for his original song that they changed the lyrics [and] they are using the song, just a different mix and words." Respondent believed that permission or authorization was obtained to use Henley's song by "him."

Responses to "What is the name of the artist or artists whose music was used in the videos, if you know?" (Question No. 10) "don henley?"

1025 (196)

Respondent believed that permission or authorization was obtained by DeVore from the "song writer/performer" for "the use of the song" because "I would think the song could not be used unless the writer/performer gave authorization. The writer/performer would have the rights to the music."

"Don Henley"

1063 (205)

Respondent believed that permission or authorization was obtained by DeVore from "the recording company or current owner to the rights of those songs" for "[p]ermission from the owners of the songs" "[b]ecause they're the property of the artist or recording company who made them."

"Don Henley"

Poret Supplemental Declaration - Exhibit 1

Page 7

1192 (Not included on Defendants' chart)

Respondent believed that "don henley" endorsed or approved some aspect of the videos because "his song is playing and all these art types only endorse with appearances and concerts."

"Don Henley"

1342 (265)

Respondent believed that permission or authorization was obtained by DeVore from "Don Henley" "record company/whoever owns the rights" for "the music" "because he [DeVore] used the song Boys of Summer by Don Henley in this video. He just used his own lyrics." "Don Henley" "Don Henley"

1718 (285)

Respondent believed that permission or authorization was obtained by DeVore "[b]ecause of the music involved."

1741 (291)

Respondent believed that permission or authorization was obtained by DeVore from "whoever handles the royalties for the artist" for "[t]he songs [which] are copywrited [sic] so permission had to be granted."

Respondent ID (Number used on Defendants' chart) 1797 (Not included on Defendants' chart) "Don Henley"

Responses to Open-ended Questions (Question Nos. 1-8) Respondent believed that "Don Henley" endorsed or approved some aspect of the videos because "[i]t's his music that was used therefore he or his people would have had to approve its use in order for that ad to run otherwise there might be legal issues."

Responses to "What is the name of the artist or artists whose music was used in the videos, if you know?" (Question No. 10) "Don Henley"

1799 (Not included on Defendants' chart)

Respondent believed that "[t]he original singer of the song" endorsed or approved some aspect of the videos because "[t]he song is a highly known song from history, I forgot the name of him but it could tie him into it, unintentionally." The respondent later identified Don Henley as the artist, and stated that permission or authorization was obtained by DeVore from "[e]ither Don Henley or whomever manages his affairs"

2290 (391)

Respondent believed that permission or authorization was obtained by DeVore "for the use of the songs the boys of summer by Don Henly [sic] and the other song which the name of I can not think of right now," because he "thought you had to get the artist permission to use the song."

"Don Henly [sic] and not sure of second song"

Poret Supplemental Declaration - Exhibit 1

Page 8

2458 (417)

Respondent believed that permission or authorization was obtained by DeVore for the "song" from the "writer of the song or the person that holds the music rights to it" because "[a]lthough the words are different, copyright laws would have likely been violated without having permission of the writer of the music."

"Don Henley"

2487 (424)

Respondent believed that permission or authorization was obtained by DeVore for from the "composer" for the "[m]usic" because of "[c]opyright."

"Don Henley" "Don Henley"

2672 (459)

Respondent believed that permission or authorization was obtained by DeVore for "[t]he songs that were sampled" from "[t]he person/people owning the music" because "[t]he music sounded like the original versions of the song."

2782 (488)

Respondent believed that permission or authorization was obtained by DeVore for "the song" from "[w]ho ever [sic] controls the rights for that particular song" "[b]ecause they copied a band's song and rewrote the words."

"Don Henley/The Eagles"

Respondent ID (Number used on Defendants' chart) 3124 (Not included on Defendants' chart)

Responses to "What is the name of the artist or artists whose music was used in the videos, if you know?" (Question Responses to Open-ended Questions (Question Nos. 1-8) No. 10) Respondent believed that "Don Henley and/or his record label" endorsed or approved some "Don Henley" aspect of the videos because "his songs were used in both ads." "don henley"

3151 (Not included on Defendants' chart)

Poret Supplemental Declaration - Exhibit 1

Page 9

Respondent believed that "the artists whose music was used" endorsed or approved some aspect of the videos because "usually when an artist's music is used for a political statement, he or she either approves it or asks that it not be used."

3235 (552)

Respondent believed that permission or authorization was obtained by DeVore from "[t]he artist who made the song or whoever has the rights to the music" because "[y]ou can't play a tune without paying licensing fees to do it even though you write your own words to it."

"Don Henley, I think"

3254 (556)

Respondent believed that permission or authorization was obtained by DeVore from "the original groups that recorded the music" "because he used the melody but changed the words."

"the eagles"