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<xTITLE>David Toth is Manly</xTITLE>

David Toth is Manly

by Michael Moffitt
May 2011

From the ADR Prof blog

Michael Moffitt

The ABA Journal recently ran a story about the settlement of the lawsuit David Byrne (of Talking Heads fame) brought against Charlie Crist for the unauthorized use of a song in an election advertisement.

The ABA Journal article appears below and here. Good story about the lawsuit here. The 90-second videotaped apology is also available here.

TOTH: Nancy Welsh.

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Talking Heads Frontman ‘Feeling Very Manly’ After Winning Song-Use Suit Settlement from Ex-Fla. Gov
Posted Apr 12, 2011 10:23 AM CDT
By Martha Neil

A lawsuit brought by Talking Heads frontman David Byrne against former Fla. Governor Charlie Crist over use of his “Road to Nowhere” song in campaign material has been settled.

Although all of the terms weren’t disclosed, they include a public apology by Crist that is posted on YouTube, reports the Associated Press.

Crist and his advertising agency each blamed the other for not seeking permission. The former governor said he was happy with the settlement terms and praised Byrne for being gracious during a recent mediation.

In a written statement yesterday, Byrne said he had been surprised to learn that such unauthorized use of a song isn’t all that unusual, and said that he was “feeling very manly” about having protested rather than simply let the issue goe.

“Other artists may actually have the anger but not want to take the time and risk the legal bills. I am lucky that I can do that,” he stated. “Anyway, my hope is that by standing up to this practice maybe it can be made to be a less common option, or better yet an option that is never taken in the future.”

The suit was in federal court in Tampa, as an an Arts Beat blog post in the New York Times noted when it was filed.

Biography


Michael Moffitt is the Dean for University of Oregon School of Law, Orlando J. and Marian H. Hollis Professor of Law, and Associate Director, ADR Center. 

Before joining the Oregon law faculty in 2001, Michael Moffitt served as the clinical supervisor for the mediation program at Harvard Law School and taught negotiation at Harvard Law School and at the Ohio State University College of Law. Following a federal judicial clerkship, he spent several years with Conflict Management Group, consulting on negotiation and dispute resolution projects around the world. Professor Moffitt has published more than twenty scholarly articles on mediation, negotiation, and civil procedure. He co-edited The Handbook of Dispute Resolution (Jossey-Bass, 2005), an award-winning compilation of 31 original chapters by leading scholars and practitioners in the field. He also co-authored the innovative, student-focused book, Dispute Resolution: Examples & Explanations (Aspen 2008). The Provost of the University of Oregon named Professor Moffitt in the first group of recipients of a five-year award from the Oregon Fund for Faculty Excellence. The Oregon law school faculty awarded Professor Moffitt with the law school's Orlando J. Hollis Faculty Teaching Award. He is also the recipient of the University's Ersted Award for Distinguished Teaching. He is a devoted but mediocre snowboarder, an aggressive tennis player, and an avid wine taster. He spends most of his energy in a futile effort to keep up with his daughters.



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