Heart yanks "Barracuda" song usage from Palin

[Craig234]

Originally posted by: CallMeJoe
Thanks for educating the kid, but I have to rant:

How can you mention Cream and omit JACK BRUCE?

Please, Cream was the fusion of three brilliant musicians, all performing at or near their peak. [/rant]

I once tried to come up with the archtypal rock song, the one that best captured the essenc of a rock song, if you had one song to pay someone who had never heard rock.

Not the best rock song, not one that stood out, one that represented rock.

The song I picked was Cream's "Sunshine of Your Love".

I've never changed that choice.

 

[CallMeJoe]

Originally posted by: ScottMac
This also happened when Limbaugh started using using "Ohio" as his theme song... they tried to stop him but it basically came down to if he paid the licensing fee, gets the rights to use.
He may have also negotiated a better fee to make them feel better about it, I don't recall.

I appreciate the irony of the "Conservative" radio hosts enriching the "Liberal" musicians whose politics and lifestyles they claim to disdain (Sex and Drugs and Rush!). I just hope Chrissie Hynde passes Rush's money on to PETA or another similar organization.

 

[Infohawk]

LOL that once again conservatives can't find any creative / artistic people that like them. Maybe Barracuda can find some nice church-organ music to shout "change" to.

 

[her209]

Originally posted by: RightIsWrong
One of my favorite jokes of his:

?I think the easiest job has to be coroner. What?s the worst that can happen? I mean, if EVERYTHING goes wrong,...maybe you get a pulse. ?Oh, Christ, honey, I GAINED one on the table today???

Conversely, I think the hardest job in the world has to be: bank guard in Alaska. You've got 50 customers in the joint, ALL wearing ski masks...."

404 Funny Not Found

 

[QED]

Originally posted by: CallMeJoe

Originally posted by: ScottMac
This also happened when Limbaugh started using using "Ohio" as his theme song... they tried to stop him but it basically came down to if he paid the licensing fee, gets the rights to use.
He may have also negotiated a better fee to make them feel better about it, I don't recall.

I appreciate the irony of the "Conservative" radio hosts enriching the "Liberal" musicians whose politics and lifestyles they claim to disdain (Sex and Drugs and Rush!). I just hope Chrissie Hynde passes Rush's money on to PETA or another similar organization.

Actually, she does.

Rush apparently had been using the song as his intro for years without paying, and Hynde never pursued it. Eventually, she pressed him to stop it, he refused (since had paid for a general ASCAP/BMI license), so she sued. The judge ruled that the ASCAP licence only granted him the ability to use the song for entertainment purposes, not for branding purposes (i.e. he couldn't use it as the "theme" for his show).

Rush was forced to stop using it as intro for a short while, until Hynde found out from the President of PETA that Rush actually has a soft-spot for animals. She approached Rush with an offer that would allow him to use her song in exchange for a donation to PETA. Rush agreed, and the rest, as they say, is history.

 

[QED]

Originally posted by: sactoking

Originally posted by: RightIsWrong


It really doesn't matter if ONE of the FOUR songwriters is okay with it (the entire band is credited as writers). It takes a consensus/unanimous confirmation so it should not be allowed

It really doesn't matter is THREE of the FOUR songwriters aren't okay with it (the entire band is credited as writers). It takes a consensus/unanimous declaration to withhold so it should be allowed...

Actually, it doesn't matter how many of the songwriters are OK with it or not.

If their song is a part of the ASCAP or BMI library (and it almost certainly is-- otherwise you wouldn't ever hear it on the radio), McCain can use it whenever or wherever he wants.

 

[Craig234]

Originally posted by: QED

Originally posted by: CallMeJoe

Originally posted by: ScottMac
This also happened when Limbaugh started using using "Ohio" as his theme song... they tried to stop him but it basically came down to if he paid the licensing fee, gets the rights to use.
He may have also negotiated a better fee to make them feel better about it, I don't recall.

I appreciate the irony of the "Conservative" radio hosts enriching the "Liberal" musicians whose politics and lifestyles they claim to disdain (Sex and Drugs and Rush!). I just hope Chrissie Hynde passes Rush's money on to PETA or another similar organization.

Actually, she does.

Rush apparently had been using the song as his intro for years without paying, and Hynde never pursued it. Eventually, she pressed him to stop it, he refused (since had paid for a general ASCAP/BMI license), so she sued. The judge ruled that the ASCAP licence only granted him the ability to use the song for entertainment purposes, not for branding purposes (i.e. he couldn't use it as the "theme" for his show).

Rush was forced to stop using it as intro for a short while, until Hynde found out from the President of PETA that Rush actually has a soft-spot for animals. She approached Rush with an offer that would allow him to use her song in exchange for a donation to PETA. Rush agreed, and the rest, as they say, is history.

LOL, so Rush funds PETA.

 

[CallMeJoe]

Originally posted by: QED

Originally posted by: CallMeJoe
I appreciate the irony of the "Conservative" radio hosts enriching the "Liberal" musicians whose politics and lifestyles they claim to disdain (Sex and Drugs and Rush!). I just hope Chrissie Hynde passes Rush's money on to PETA or another similar organization.

Actually, she does.
Rush apparently had been using the song as his intro for years without paying, and Hynde never pursued it. Eventually, she pressed him to stop it, he refused (since had paid for a general ASCAP/BMI license), so she sued. The judge ruled that the ASCAP licence only granted him the ability to use the song for entertainment purposes, not for branding purposes (i.e. he couldn't use it as the "theme" for his show).
Rush was forced to stop using it as intro for a short while, until Hynde found out from the President of PETA that Rush actually has a soft-spot for animals. She approached Rush with an offer that would allow him to use her song in exchange for a donation to PETA. Rush agreed, and the rest, as they say, is history.

Thanks for the info; I hadn't heard the specifics.

Originally posted by: QED
Actually, it doesn't matter how many of the songwriters are OK with it or not.
If their song is a part of the ASCAP or BMI library (and it almost certainly is-- otherwise you wouldn't ever hear it on the radio), McCain can use it whenever or wherever he wants.

True, but only if it's used for "entertainment" at licensed venues. Use as theme or background music in produced spots becomes "synchronization" and requires special licensing; continued use to where it becomes a public identified product or personal theme (as in the case with Rush's use of that Pretenders' track as his theme) enters a more indeterminate area of law hat tends to get settled case-by-case.

 

[ProfJohn]

Ah!!!! We are forgetting one thing.

How does all this apply to political speech??

Things get really complicated when you start trying to apply other laws to political speeches and campaigns.
What if McCain and Co run an ad about Palin with this song in the background? Can they claim it is political speech and thus not subject to other laws?

 

[Infohawk]

Originally posted by: ProfJohn
Ah!!!! We are forgetting one thing.

How does all this apply to political speech??

Things get really complicated when you start trying to apply other laws to political speeches and campaigns.
What if McCain and Co run an ad about Palin with this song in the background? Can they claim it is political speech and thus not subject to other laws?

What are they lyrics of the song? Are they political?

It sounds like a pathetic attempt to brand abstinence-only-bun-in-the-underage-oven Palin.

 

[CallMeJoe]

Originally posted by: ProfJohn
Ah!!!! We are forgetting one thing.
How does all this apply to political speech??
Things get really complicated when you start trying to apply other laws to political speeches and campaigns.
What if McCain and Co run an ad about Palin with this song in the background? Can they claim it is political speech and thus not subject to other laws?

I can't cite any case law, but I don't see how the "political speech" issue would trump the artist's control of synchronization rights; they aren't making a substantive political statement with the song, and are not attempting a parody or artistic statement.

 

[Infohawk]

Lyrics

These lyrics aren't political at all.

 

[Harvey]

Originally posted by: ProfJohn
Ah!!!! We are forgetting one thing.

How does all this apply to political speech??

Things get really complicated when you start trying to apply other laws to political speeches and campaigns.
What if McCain and Co run an ad about Palin with this song in the background? Can they claim it is political speech and thus not subject to other laws?

Probably not. I'm just surmising, but I think the legal argument would be along these lines:

1. The song is protected intellectual property.

2. The free speech of McShame/Palin is not being restricted. They are free to make their statements as they choose. However, they are paying for commercial time on the air and commercial space in various commercial venues. Using someone's intellectual property would not be considered as "fair use."

3. There is also the matter of the rights of the holder of the intellectual property who can claim their free speech is being unfairly presented as capitalizing on the fame and good will of the writer/performer and implying that they are supporting the speech/views of the McShame campaign, even if that is contrary to the views and intent of the writer/performer.

I think it would be hair raisingly stupid for the McShame campaign to challenge it for another reason. The negative publicity would be terrible if they were dragged into court in a high profile battle with any creative artist with a strong public following. It wouldn't even matter who won the decision. The campaign would still offend every one of the artists' supporters and many other artists and their fans, and it could drag on for months or years, and you know the offended artists would go public against the campaign in a big way with their own access to the media.

 

[ProfJohn]

I'll defer to Harvey who actually knows something about this topic.

And it would be FAR easier to find a song by someone who like McCain than fight this out in a court.
Has Lee Greenwood written anything lately?

 

[Infohawk]

Originally posted by: Harvey
I think it would be hair raisingly stupid for the McShame campaign to challenge it for another reason. The negative publicity would be terrible if they were dragged into court in a high profile battle with any creative artist with a strong public following.

Yes. It would just look pathetic. Even this story looks pathetic. It makes people wonder if McCain can find a song by someone who actually likes him.

 

[deftron]

Who owns the rights to that "Knick-Knack Padddy-Whack", "This Old Man" song ?

 

[Harvey]

Originally posted by: ProfJohn
I'll defer to Harvey who actually knows something about this topic.

Thanks, PJ :beer:

I've been around the music biz, but as I said, that's just my surmise.

And it would be FAR easier to find a song by someone who like McCain than fight this out in a court.
Has Lee Greenwood written anything lately?

No, but Merle Haggard has. :music:

The sound on the version he first posted on his own website was much better, but this is the only place I could find it.

Rebuild America First
Words and music by Merle Haggard

Why don't we librate these United States?
We're the ones who need it the worst.
Let the rest of the world help us for a change,
And let's rebuild America first.

Our highways and bridges are falling apart.
Who's blessed, and who has been cursed?
There's things to be done all over the world,
But let's rebuild America first.

Who's on the hill and who's watching the valley?
Who's in charge of it all?
God bless the Army and God bless our liberty,
Dadgum the rest of it all.

Yeah, men in position but backing away.
Freedom is stuck in reverse.
Let's get out of Iraq and get back on the track.
And let's rebuild America first.

Why don't we liberate these United States?
We're the ones who need it the most.
You think I'm blowing smoke. Boys it ain't no joke.
I make twenty trips a year from coast to coast.

I'll change your flat tire, Merle. :music:

 

[AlienCraft]

Originally posted by: Skoorb

Originally posted by: Craig234

Originally posted by: Skoorb
The main story here I think is that anybody still wants to hear that fvcking song after three decades.

I still like to hear it, and I like Heart's politics in telling her not to use it. Who cares that it's 30 years old? It's not milk that spoils. Some people still like Bach, too.

Bach > Feces > Baracuda.

There is basically nothing worse than old rock and roll, it's like eating rotten cheese.

Most new music smells of stinky feet as well.

 

[sapiens74]

Or maybe Led Zepplin's - "Kashmir" to give her some foreign policy cred

And the whole time I thought that was about sweaters..

 

[KK]

Originally posted by: QED

Originally posted by: Red Dawn
You'd think the Republicans would use the music of their fellow whack jobs like Nugent and Toby Kieth. Nugents "Wham bam thank you ma'm" would be perfect for Palin.

Unfortunately, as we all know there's just not that many good musicians who are Republicans. You know, that whole right-brain/left-brain thing.

You guys do know that Toby Keith is a democrat, and is for Obama? Yeah, so I guess you could call him a whack job too.