Meta-Blog

SEARCH QandO

Email:
Jon Henke
Bruce "McQ" McQuain
Dale Franks
Bryan Pick
Billy Hollis
Lance Paddock
MichaelW

BLOGROLL QandO

 
 
Recent Posts
The Ayers Resurrection Tour
Special Friends Get Special Breaks
One Hour
The Hope and Change Express - stalled in the slow lane
Michael Steele New RNC Chairman
Things that make you go "hmmmm"...
Oh yeah, that "rule of law" thing ...
Putting Dollar Signs in Front Of The AGW Hoax
Moving toward a 60 vote majority?
Do As I Say ....
 
 
QandO Newsroom

Newsroom Home Page

US News

US National News
Politics
Business
Science
Technology
Health
Entertainment
Sports
Opinion/Editorial

International News

Top World New
Iraq News
Mideast Conflict

Blogging

Blogpulse Daily Highlights
Daypop Top 40 Links

Regional

Regional News

Publications

News Publications

 
Heartless
Posted by: MichaelW on Thursday, September 04, 2008

I admonished the AV people at the Republican Convention for not playing "Barracuda" last night after Palin's speech. Tonight they get it right, only to be met with a cease and desist letter:
Ann and Nancy Wilson are pissed at the Republican Party and have fired off a cease and desist letter to the McCain/Palin campaign.

Specifically, the Heart women are upset that the GOP has used their classic "Barracuda" as a theme song for Sarah Palin. TMZ obtained a statement from Heart's rep, who says "The Republican campaign did not ask for permission to use the song, nor would they have been granted that permission."

The statement goes on: "We have asked the Republican campaign publicly not to use our music. We hope our wishes will be honored."
What pissy jerks. Also, I'm not entirely sure that the band has any right to stop the McCain Campaign from playing the song. As I understand it, if they own a copy of the song, then they can play it for whomever they want, whenever they want, so long as they aren't using it for commercial purposes (such as in a campaign ad or something). But I don't know for sure. Any IP lawyers out there with the info?
 
TrackBacks
Return to Main Blog Page
 
 

Previous Comments to this Post 

Comments
I never liked "Barracuda", anyway.

How about Palin and Obama doing "Anything You Can Do I Can Do Better" from Annie Get Your Gun?

 
Written By: Steverino
URL: http://
Allz I know is the GOP better be careful. I can see Ann eating them if they don’t heed the warning.
 
Written By: markm
URL: http://
What do you mean are there any IP lawyers ?
If you know there is such a thing as IP, then you know what you just said makes no sense.

I wonder if I can now find a blogger claiming that, while he doesn’t know the law, he’s happy to suggest that Palin’s hair cut might be illegal.

Because why would you ever consider not offering an opinion on something you know sweet fkall about and which you can’t be bothered spending 8 seconds checking on google.
 
Written By: Kilo
URL: http://
IANA(copyright)L, but I think they’d have to have licensed the song for their purpose. Licenses are purpose-specific: when I buy a CD I buy a license to play the music at home, but it would take a different license to play it over the airwaves, or at a party for which I charge admission. (I’m assuming here that playing the song at a convention wouldn’t constitute private use, and would be closer to commercial use. Again, not an IP lawyer, so caveat &c)
 
Written By: jpe
URL: http://
Let me expand a bit: McCain could probably buy a public use license through the publishing house, but people tend to have a broader view of copyright than the law. People seem to find something untoward about using a song in a way counter to the wishes of the artist ("artist" here is a term of art, and in no way is meant to imply that Heart produces anything even approaching art).

Personally, I think that expansive view of copyright is crazy (being a good Derridean, I find authorial control repugnant), but it seems to be embedded in our culture nonetheless. (fun fact: that view of copyright is strikingly similar to the Continental theory of the moral rights of the author.)

 
Written By: jpe
URL: http://
I hope to hell they do cease and desist. I HATE that damn song, I never understood why anyone ever liked to hear that woman’s shrill banshee like voice! OMG it is like nails on a chalkboard.
 
Written By: kyleN
URL: http://impudent.blognation.us/blog
It’s not the woman’s shrill banshee like voice that most people like, it’s the guitar.
 
Written By: Jim Sullivan
URL: http://criticalbookworm.blogspot.com/
I recall this happening to Bob Dole in 96 I can’t remember the band name but the press and copyright lawyers checked it out and said the band was full of it.

Unless something changed with DMCA, it is perfectly OK to play any artist’s song for any non-commercial reason, including political events. It is like playing their CD over the stereo at a fundraiser. Their claim is ridiculous.
 
Written By: Random Numbers
URL: http://randomnumbers.us
I’m an attorney, but I try to stay out of copyright law for the most part.

With that disclaimer out of the way, you generally have to have a "rebroadcast" license from the society of composers, authors, and publishers. (I think that is the correct name of the group, but I’m doing this from memory.) I know I have heard of a case where that society sued a podunk bar in Maryland over playing its CD player for the customers without a rebroadcast license. The outcome of the case, I do not know.

That said, I would love to defend such a case. In 99% of the copyright litigation that occurs, the bottom line is profit. Is the person playing or rebroadcasting the music doing it to assist in its profit generations, etc. There’s an argument to be made that conventions aid in fundraising, but it’s hard to argue that a non-profit entity is motivated by an ultimate goal of profit. There’s also something to be said for fair use.

In any event, those wenches are just whining lefties who would have never complained about this being played at the DNC. They needed to get a statement out there so the Hollywood snobs wouldn’t think they had buddied up with the evil GOP. Now that they’ve accomplished that, I doubt any more comes of it.

 
Written By: TW
URL: http://
It’s all the more likely that they don’t actually own the song anyway. I’d bet that it’s owned by Universal Music (or at least that’s what Harry Fox SongFile says) and as such, they can pound sand, and McCain can pay the standard performance royalty tp ASCAP or whomever the song is licensed through (as I’m sure they did for all those songs) just like any other bar owner or other venue where a public performance of a song occurs (theoretically, the broadcaster pays those, too, so there is a bit of double dipping in that case). You don’t HAVE to get permission to play a tune, as far as I know. They signed away that right when they signed their songs over to the publisher.
 
Written By: Buddy
URL: http://
P.S. IANAL, but I am a musician, semi-pro, and help put on music festivals, etc, and have to deal with this crap alot.
 
Written By: Buddy
URL: http://
I think playing "Baracuda" is a bit cheesy so I wouldn’t be too upset if they just drop it.

As for Heart, well...I liked them when I was a teen but I’ve moved on. I wouldn’t even bother to download their music or free via limewire (or whatever is being used these days).
 
Written By: Bob
URL: http://
"Baracuda" is classic barbecue and tailgating music. It connotes more than the title alone conveys.
 
Written By: Ronnie Gipper
URL: http://
What Buddy said. They need to pay ASCAP or the equivalent organization, which I’m sure they have, and that’s about it. Ann and Nancy can’t stop me from covering Barracuda at open mic night (God would *that* be terrible), and they can’t stop the RNC from playing it either.
 
Written By: Kevin R
URL: http://
I recall this happening to Bob Dole in 96 I can’t remember the band name but the press and copyright lawyers checked it out and said the band was full of it.

Unless something changed with DMCA, it is perfectly OK to play any artist’s song for any non-commercial reason, including political events. It is like playing their CD over the stereo at a fundraiser. Their claim is ridiculous.
 
Written By: Random Numbers
URL: http://randomnumbers.us
oops! I hit refresh and the post resent. My bad...
 
Written By: Random Numbers
URL: http://randomnumbers.us
I think the Republicans should drop the tune and the reference to Palin as a barracuda. Expectations play a big role in the perception of the media and public. Palin will have one or more debates with Biden and if it is anticipated that Palin will "eat" Biden up in these debate and then doesn’t live up to those expectations, then the line will be that Biden won the debates. And if Palin does very well against Biden then it is no big deal because that is what was expected. Republicans are setting up Palin for failure in the debates.
 
Written By: Tom
URL: http://
Why don’t they use "Small Town" by Mellencamp? Or "Respect" by Aretha Franklin. Those are good theme songs for Palin.
 
Written By: Arizona
URL: http://
Steal some of Obama’s music? :)
 
Written By: Scott Jacobs
URL: http://
I am an IP lawyer, and Buddy has it right above. You can play anyone’s song without their permission, you just have to pay the statutory license fee when you are playing it over speakers in a stadium etc..
 
Written By: Captain Obviousness
URL: http://
Jackson Browne sued McCain to force him not to use one of his songs lately too. The artists should have a say in how their songs are used, and they’re sayin’ it.

Maybe next time Heart plays the song and come to the break where she says "ohh, barracuda!", Nancy Wilson can say something like "ohh, Sara Palin seems to be more of a cougar than a, Barracuda!"

chunck-chickachunck-chickachunck-chickachunck-do-da! ;-)
 
Written By: randitious
URL: http://
I say play it, let them sue you, and then just pay whatever the damages are. It just makes the artist look petty.

And they followed it with Centerfield, which I think is a much better choice.
 
Written By: Phelps
URL: http://phelps.donotremove.net
I never liked "Barracuda", anyway.

How about Palin and Obama doing "Anything You Can Do I Can Do Better" from Annie Get Your Gun?
Show tunes over rock and roll!?
 
Written By: PogueMahone
URL: http://
If I were picking theme music for Sarah from the catalog of pop tunes, I’d pick "American Girl" by Tom Petty.
 
Written By: Augustus
URL: http://
Not a big fan of the song, but wondering if "Barracuda’s" sales spiked on iTunes at all due to the Palin pick?
 
Written By: Jen
URL: http://www.xanga.com/miss_o_hara
Show tunes over rock and roll!?
It was late. The first song that came to my mind was "You Cain’t Catch a Man With a Gun," because Palin reminds me of Annie Oakley: tough as nails, hunts, full of gumption. But that song didn’t work, so I thought of another one in the same musical.

What can I say? I worked at grip and light board for community theaters on dozens of productions. And musical theater is something my daughter and I both love.
 
Written By: Steverino
URL: http://
Jackson Browne sued the McCain campaign and the Republican party for unauthorized use of his song "Running on Empty" in a campaign ad that criticizes rival Barack Obama.
Back in February,rocker John Mellencamp quietly asked McCain to stop playing "Our Country," "Pink Houses" or any other Mellencamp tune at his political events.Boston guitarist Tom Scholz asked that his song "More Than A Feeling" not be played at then candidate Mike Huckabee’s rallies.
Are these people asleep?!?!?!?Seriously,do they just play the songs and hope they don’t get sued just like they hope they will win in November?It seems like alot is riding on this false hope.
Maybe the next time they want a song they could call up Donny Osmond or Kid Rock.I’m sure Wayne Newton would gladly leave Vegas for a couple of days to support the Republicans.
Get a clue Republicans!Liberal rockers don’t want you playing their songs to support your tired worn out agenda.
Hey maybe that John Rich fella can write you a new Palin theme since the Wilson’s have yanked Baracuda.
I don’t blame these staunch lifelong Democrats for not wanting their work associated with the Republican party,afterall it is their work.
 
Written By: vicki
URL: http://
It only makes sense that Nancy Wilson should be a Republican, at least they won’t tell her what to eat & close her favorite restaurants.
 
Written By: McQ2
URL: http://
You really should get your facts straight.Nancy is the redhead and Ann is the brunette.
Also,the economy has lost 2.7 million private sector jobs since President Bush took office. The losses have been partially offset by an increase in government employment but total job losses under President Bush are still above 2 million.

The numbers are still getting worse. We’ve lost jobs for three consecutive months, a total of 525,000 jobs lost. The unemployment rate has jumped back up to 6.0 percent.

 
Written By: vicki
URL: http://
I think Ann Wilson has about the finest set of female rock vocal chops in the business and I’ve always had huge admiration for her music with Heart and with Lovemongers.

I’m not so fond of her politics at all.

I also think it’s best to ignore the legal issues and just not use it simply because it’s Heart’s song and they don’t want it used that way. That’d be my choice. Not law, just respect.

And I think comments about Ann’s weight are crappy manners and uncalled for. Besides, she’s still freakin’ great lookin!

Also—and most important: I bet Ms Palin could find something she liked, that would be appropriate for the occasions, and that would kick butt in Ted Nugent’s meat-eating, gun-toting, thoroughly *American* catalog.
 
Written By: Ron Good
URL: http://northernsubverbia.blogspot.com
And I think comments about Ann’s weight are crappy manners and uncalled for. Besides, she’s still freakin’ great lookin!
Yeah, but back in the day, if she and I were stuck on an elevator and she said "I’m hungry", I would have started to swet and worry...

Wouldn’t you?
 
Written By: Scott Jacobs
URL: http://
Heh, back in the early 70s when they were playing at local clubs and I was lucky enough to hang with them for a bit, I woulda thought I’d died and gone to heaven.

...and I still think of her like that every time I see her.

But then, differing tastes is why there’s enough for everybody. ;-)
 
Written By: Ron Good
URL: http://northernsubverbia.blogspot.com

 
Add Your Comment
  NOTICE: While we don't wish to censor your thoughts, we do blacklist certain terms of profanity or obscenity. This is not to muzzle you, but to ensure that the blog remains work-safe for our readers. If you wish to use profanity, simply insert asterisks (*) where the vowels usually go. Your meaning will still be clear, but our readers will be able to view the blog without worrying that content monitoring will get them in trouble when reading it.
Comments for this entry are closed.
Name:
Email:
URL:
HTML Tools:
Bold Italic Blockquote Hyperlink
Comment:
   
 
Vicious Capitalism

Divider

Buy Dale's Book!
Slackernomics by Dale Franks

Divider

Divider