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Eagles founder Don Henley and Tom Petty & the Heartbreakers guitarist Mike Campbell sued Assemblyman Chuck DeVore and a campaign worker Friday in federal court in Los Angeles, alleging that DeVore infringed on the copyright of their 1984 hit "The Boys of Summer."
According to the complaint filed in U.S. District Court, DeVore, R-Irvine, and his Internet strategist Justin Hart created an online video in which new lyrics criticizing President Barack Obama replace Henley's words.
"The unauthorized use of Henley and Campbell's copyrighted work is synchronized with a series of photographic images of DeVore, Hart and President Barack Obama, among others," the lawsuit contends.
The video, titled "A Special Message from Chuck DeVore," opens with a spoken introduction by Hart, followed by a verse-by-verse remake of Henley and Campbell's song using DeVore's lyrics over the original record's instrumental track, the complaint said.
At the video's conclusion, with the song still playing, a DeVore campaign slogan appears.
"Henley and Campbell did not, and would not, authorize the use of their song for this purpose," the suit said. "Viewers might also conclude that Henley and Campbell are political supporters of DeVore, which they are not."
Calls to representatives for Henley and DeVore for comment after regular business hours today were not immediately returned.
The complaint seeks $150,000 in damages, an injunction halting DeVore's use of the song, removal of the
DeVore is seeking the Republican nomination for the U.S. Senate seat held by Barbara Boxer.
Henley, a longtime vocal supporter of Democratic causes, has drawn boos from fans in Orange County over the years for making political comments between songs during concerts.
