Don Henley’s Stolen Lyrics Lawsuit Proceeds With Defendant’s Arguments

It’s common for artists to celebrate their achievements with biographies, and in 1979, the Eagles thought it would be a good idea to hire an author to write one of the band. Forty years later, the band’s wish to publish a memoir turned into a lengthy legal battle as Don Henley’s pursuit of his stolen lyrics lawsuit proceeded with new arguments from the defendants.

It was disclosed that the Eagles had hired the Fugs frontman and poet Ed Sanders to narrate the band’s achievements in such a short period. Sanders then needed to go through Henley’s notes and lyrics to write a detailed book, but the biography was never published since it was claimed that Ed had stolen Don’s notes and lyrics.

Years later, in 2005, it was claimed that Sanders sold these valuable artifacts to book trader Glenn Horowitz, who sold the notes to Rock Hall curator Craig Inciardi and auctioneer Edward Kosinski. The latter tried to sell Don’s notes again in 2016, but Henley took legal action upon hearing this.

Then Horowitz, Inciardi, and Kosinski were charged with conspiracy in the fourth degree. Inciardi and Kosinski were also charged with criminal possession, as Horowitz was charged with attempted criminal possession and two counts of hindering prosecution.

Kosinski’s attorney, Antonia Marie Apps, had previously stated that Henley’s lawsuit had expired due to statute of limitation, and the Eagles had willingly let Sanders use and go through their work in 1979. The attorney argued that the DA also had no plausible reason for how the lyrics were stolen in the first place.

“They say, instead, ‘Trust us,’” argued Apps as she claimed DA had failed to address how the notes were stolen. “Artists frequently give away their lyrics. And years later, seek to recover those lyrics.”

Seemingly, the case will take longer than Henley might wish, as the defendants pleaded not guilty. So, it’s safe to say that the Eagles’ simple wish to publish a biography has become a legal nightmare.