Joe Walsh vs. Joe Walsh: The rock star wrestles with the congressional candidate

America's fiery hordes of Tea Party conservatives seem to have the hapless Democratic Party on the run, but one right-wing congressional candidate in Illinois may have met his match this week when he was caught appropriating (or should we say misappropriating) the music of one of the Eagles. The wonderfully comic tale, ably reported by the Hollywood Reporter's Eriq Gardner, has all the ingredients of a classic Preston Sturges political satire, starting with the fact that the Tea Party candidate and his Eagles adversary are both named Joe Walsh.

It turns out that Walsh (the tea bagger) has been promoting his campaign with a music video, "Lead the Way," which not only mimics Eagles guitarist Walsh's voice but the chord progressions from "Walk Away," a 1971 pre-Eagles hit Walsh had with the James Gang that has been a staple for years on classic rock radio. Walsh (the tea bagger) is one of six GOP hopefuls in a Feb. 2 primary in the 8th Illinois congressional district. The winner will face Democratic incumbent Melissa Bean in November, which is why Walsh's political ditty includes such sophisticated lyrics as: "Pelosi and Bean wanna' screw ya."

Walsh's attorney, Peter Paterno, a leading music industry lawyer who's never been one to mince words, has sent a hilariously acerbic letter to candidate Walsh, demanding that he quit using the song, saying he is violating the nation's intellectual property laws. Here are some excerpts from the letter, which I think proves that there are still some lawyers who could easily have a second career writing material for "The Daily Show." Paterno writes:

"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."

Paterno proceeds to lay out his case, citing 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 of 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."). Paterno also notes that the copyright act prevents people from changing the lyrics to someone else's song. He adds:

"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."

As a kicker, Paterno reminds his adversary that he could also be violating the trademark laws that protect the public from any confusion about exactly who is endorsing particular goods or services. As he puts it: "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."

Cynics may argue that all this publicity, no matter how embarrassing, will only help candidate Joe Walsh's cause. But in this case, I'd argue that there is such a thing as bad publicity. If you want to see just how unbelievably liberally (no pun intended!) Walsh borrows from Walsh, watch his campaign video for yourself:

 

Photo: Joe Walsh (the Eagle, not the tea bagger). Credit: Lawrence K. Ho / Los Angeles Times.

Comments

[Mr. Dart]

Tea bagger? And multiple times too. Wow, that's what passes for biting commentary in LA these days-- homo jokes?
Grow up.

[Marc Twane]

Joe Walsh (the politician, not the musician) belongs in jail...

Just another typical republican...using typical underhanded republican tactics.

[Amused]

One wonders if they'd be quite so defensive if the candidate was a liberal Democrat.

[Craig]

We are outraged by the comments being made by the L.A. Times against a Tea Party Candidate running in the Illinois 8th.

Our District is hungry for the rebirth in government of the fundamental principles that this great nation was built upon.

The Tea Party Movement and will stand up for conservative principles. We would be honored for Joe to represent District 8. Together, we will demand lower taxes and a smaller government.

We will take our great country back to protect and nurture its wonderful founding principles for us and for generations to come.

[Rob Watson]

Are you kidding me? Copyright law has long permitted fair use when someone parodies a song. Liberal hack musicians lampoon conservatives DAILY with their spew set to popular songs and don't get sued for it.

Get a clue.

If this had been a Democrat ripping of a Ted Nugent song, you'd all be applauding and laughing and saying "Atta boy!"

You're all running around like High School Musical's "popular kids". Except you're worse in your hypocrisy. You say that you're "for the underdog" in your political platforms. Yet, when the underdogs (those you so flippantly call "tea baggers" who are actually average, everyday Americans just trying to get by) look like they're about to get the upper hand, you kick sand in their face and step on their necks.

[Independent1000]

Coming from a State that is knee deep in do do, I don't think an article like this has the value of one of our current US pennies. The credibility of this author and the people he adores (the Hollywood Political Retards) are what they are.
You just keep printing your anti teaparty comments, the teaparty will be in your district soon if not already. I am sure you have printed articles condemning our elderly lunatics, our returning veteren potential terrorists, etc. etc. Pelosi, .........this is an example of the cream that rises to the top of a left wing radical fringe group, much like your entire state political complement, another politician like Barbara Boxer that is on there way out. Make sure you follow what is happening all over the US with a little bit more of the truth and much less of the left wing garbage we no longer want to hear.

[BlueIndy]

That is so flagrant a ripoff it's laughable. This crook of a candidate could never have an original idea in his life. Who will vote for a plagiarist?

[Skylar]

I'm pretty sure the rock star Walsh has tea-bagged alot more people then the politician Walsh.

[Gordon Kouba]

Blue indy will you defend copyright law when a liberal parodys a conservatives song. Somehow I dont think you will. The whole point was not to rip the song writer of but to parody his name and politics. The candidate never tried to make money off it, its called Political satire well protected by the Supreme court.

[Joe Walsh]

I am not the tea-bagger nor the musician, but even though I love the music of the songwriter, and have since pre-1970, I must confess that I may be related by blood to the politician, with whom I share budgetary concerns--but not the choices he has made to express sound and sustainable conservatism.

My father was Robert Joseph Walsh of Chicago, his father was Edwin Walsh of McHenry, Illinois ( the county the tea-bagger represents). If either Joe can determine the veracity of the possible blood-tie with myself, I would be greatly indebted.

If I am closely tied to Congressman Joe, I plead with him to reassess his priorities and find other ways to save, than to further burden the disadvantaged, and also ask that he contact me for a family reunion as I have been hoping to get to know my Illinois relatives for many years.

I would be willing to have a "Beer Summit" with both Joes, in the interest of being a bridge between the right and the left, hoping to facilitate the perfect balance of "Joe-ness" which has been threatened by the likes of such interlopers as "Joe the Plumber".

Long live Joe Walsh and may he continue to be good to Life so far.

Sincerely,

Joe Walsh
(the infamous one from Portland, Oregon)