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To: Non-Sequitur
He pays. Instead of paying royalties to the author, Crissie Hynde, Limbaugh donates the equivalent amount to PETA.

Yes,I knew that he paid.I recall him saying something about it.But can Hynde (assuming she owns the rights) forbid him from using it even if he pays? I thought that that was what RIAA and ASCAP were all about...determining who owns what and what someone has to pay to use another's "property" (the song to be played).

60 posted on 09/07/2008 1:30:07 PM PDT by Gay State Conservative (Obama:"Ich bin ein beginner")
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To: Gay State Conservative
Yes,I knew that he paid.I recall him saying something about it.But can Hynde (assuming she owns the rights) forbid him from using it even if he pays?

Rush's show (or a campaign ad) is different: it's a copyrighted work, and needs permission to use any other copyrighted works in it. There's "fair use", where excerpts are used for commentary, etc... but Rush is using it every day. He needs permission/license to do so.

Campaign rallies (and the convention) are public events, and any broadcast or recordings is "news", not "entertainment". You can license a song for public performance, including a blanket license for an entire catalog. If the artist has authorized BMI or ASCAP to license a song and collect the royalties, then the artist's permission is not required. And I don't believe an artist can selectively revoke permission.

66 posted on 09/07/2008 1:39:26 PM PDT by justlurking (The only remedy for a bad guy with a gun is a good guy with a gun.)
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To: Gay State Conservative
But can Hynde (assuming she owns the rights) forbid him from using it even if he pays?

Sure. She owns the rights she could fobid Limbaugh from using the song, and in fact she did for a while until she and Rush reached an agreement. ASCAP amd RIAA make it easier for someone to negotiate the use of a song but use isn't automatic. The Chevy ad campaign for their trucks that used Bob Seger's "Like A Rock" was one of their most successful, but it took them over a year before Seger would agree to license his song for their ads. The artist has the last say.

85 posted on 09/07/2008 2:11:20 PM PDT by Non-Sequitur
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