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Tom Petty tells Michele Bachmann to stop using his music
The Guardian ^ | 06/29/11 | Sean Michaels

Posted on 06/29/2011 11:34:22 AM PDT by MissesBush

Tom Petty has told US presidential candidate Michele Bachmann to stop using one of his songs as part of her campaign, insisting he did not give the rightwing politician permission. Within 24 hours of the televised launch of Bachmann's 2012 campaign, Petty's lawyers reportedly pounced on the press-conference soundtrack, which used the song American Girl as exit music.

"Petty isn't pleased," reported NBC's Kelly O'Donnell, while Rolling Stone confirmed the singer's lawyers had sent the Minnesota congresswoman a cease and desist order. It's not even the first bump of Bachmann's campaign: during her announcement speech, the Tea Party supporter confused the birthplace of actor John Wayne with that of serial killer John Wayne Gacy.

Petty's problem appears to be with Bachmann's politics. In 2008, the singer allowed Democratic candidate Hillary Clinton to use American Girl for her unsuccessful presidential bid. But he was much less sympathetic in 2000, when Republican candidate George W Bush was discovered to be playing I Won't Back Down at his rallies. "This use has not been approved," Petty's representatives told the future president. "Any use made by you or your campaign creates, either intentionally or unintentionally, the impression that you and your campaign have been endorsed by Tom Petty, which is not true." Bush , er, backed down.

Politicians have got into lots of trouble using pop songs over the last few years. From Sarah Palin and Heart to Nicolas Sarkozy and MGMT, to David Cameron and Keane, politicians' rallying songs are proving a litigious nightmare. Perhaps they ought to look into using classical music.

(Excerpt) Read more at guardian.co.uk ...


TOPICS: Culture/Society; News/Current Events
KEYWORDS: bachmann; tompetty
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To: MissesBush

A quick and simple bit of legislation can fix all of this nonsense. A copyright is just a government gift anyway.


81 posted on 06/29/2011 12:29:20 PM PDT by SeeSharp
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To: All

Seems like a lot of freepers need educating on copyright law. Using a song for a political campaign is NOT a public performance, it’s a commercial use. It’s not only a pertinent legal distinction, but one helluva financial distinction as well. Public performance rights are relatively cheap, but commercial use licenses have gone into the 7 figures.

Note that although it was settled in a pre-trial mediation, Charlie Crist’s campaign wound up paying big bucks to David Byrne for using his music without permission.

John McCain likewise wound up paying Jackson Brown big bucks.

Don Henley? Yep, you guess it, won big bucks from Chuck DeVore


82 posted on 06/29/2011 12:30:56 PM PDT by Melas (Sent via Galaxy Tab)
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To: Salgak
As long as she pays the appropriate mechanical licensing and/or royalty fees to ASCAP and BMI, Petty can do nothing.

You are absolutely correct.

However it shows Poor Judgement
on the part of whoever is running
the campaign.

Good Political Leadership never puts
a campaign in this sort of PR Trap.

Unless some adults takeover the
leadership of this campaign
soon it will self-destruct.


83 posted on 06/29/2011 12:32:49 PM PDT by Uri’el-2012 (Psalm 119:174 I long for Your salvation, YHvH, Your law is my delight.)
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To: FrankR
The guys that did Rush's theme music tried that on him, and he won because the radio stations pay those licensing fees.

The Pretenders? I recall him saying Chrissie Hynde gave him permission to use her song.

84 posted on 06/29/2011 12:33:24 PM PDT by SeeSharp
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To: SeeSharp
The Pretenders? I recall him saying Chrissie Hynde gave him permission to use her song.

I believe he said that he bought the Rights to the music.

85 posted on 06/29/2011 12:36:37 PM PDT by Uri’el-2012 (Psalm 119:174 I long for Your salvation, YHvH, Your law is my delight.)
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To: Cboldt; FrankR; Mad Dawgg; Above My Pay Grade; dead

No! Using a song in a political campaign falls under the same use as using a song in an ad campaign. Artists typically reserve these rights for themselves, and aren’t sold to BMI, ASCAP etc. It can cost a fortune to secure the rights to a song for an ad campaign.


86 posted on 06/29/2011 12:37:48 PM PDT by Melas (Sent via Galaxy Tab)
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To: CDFingers

Good one. And with money that THEY EARNED!


87 posted on 06/29/2011 12:39:19 PM PDT by 70th Division (I love my country but fear my government!)
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To: UriÂ’el-2012

He did, and according to Hynde the individual members of he Pretenders could all live off of what Rush pays alone.


88 posted on 06/29/2011 12:39:53 PM PDT by Melas (Sent via Galaxy Tab)
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To: tbpiper; Huck

I don’t know, I kinda like Bachmann and thought it was dam% funny.


89 posted on 06/29/2011 12:40:14 PM PDT by traderrob6
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To: Melas
Every one of your examples were for the unauthorized use of music in a campaign ad or promotional video.

Bachman's team played the song as she exited the stage at a press conference. The song was not used in any advertising, but was played over the speakers at a live event.

90 posted on 06/29/2011 12:42:10 PM PDT by dead (I've got my eye out for Mullah Omar.)
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To: dead

Still requires a master use license, not a performance license. Check out what Jobs has paid for songs for Apple unveilings, televised or not.


91 posted on 06/29/2011 12:44:42 PM PDT by Melas (Sent via Galaxy Tab)
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To: Melas

How does a campaign playing a song at a live event differ from, say, a high school basketball team playing a song at a live event or a professional basketball team doing the same?


92 posted on 06/29/2011 12:51:14 PM PDT by dead (I've got my eye out for Mullah Omar.)
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To: 70th Division

lol. Good one. I’ll bet ya at this point Tom Petty wishes he was 43!


93 posted on 06/29/2011 12:53:32 PM PDT by Huck
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To: Opinionated Blowhard

They might want to try getting permission first.


94 posted on 06/29/2011 12:54:35 PM PDT by Huck
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To: Bronzewound

Nah, just my 3 Petty tunes.

I don’t care if your a lefty. But I do care if you act like a petulant little wuss.


95 posted on 06/29/2011 12:58:07 PM PDT by EQAndyBuzz (Liberals who graduate from Ivy League schools are the dumbest people on the planet.)
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To: Gabz

You sound coherent to me on your recall! LOL!


96 posted on 06/29/2011 12:58:48 PM PDT by b4its2late ("Pray for Obama. Psalm 109:8")
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To: MissesBush

BACHMAN TURNER OVERDRIVE! What a logical choice! “Takin’ care of business”, “You ain’t seen nothin’ yet”, ......


97 posted on 06/29/2011 1:01:16 PM PDT by weeder
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To: dead

In the rare event that a professional basketball team would play an entire song, you can bet that the franchise paid dearly for it.

High school? Falls into the who cares category. No one is going to accrue the negative publicity to be had by going after a high school. If a high school team did use a song, I’d wager that it would fall under the typical square foot schedule that a parks and rec department would have to fill out (and pay) if it held a dance. I doubt that even the most savvy of lawyers could convince a judge that a master use license was required.


98 posted on 06/29/2011 1:02:08 PM PDT by Melas (Sent via Galaxy Tab)
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To: Melas
-- Using a song in a political campaign falls under the same use as using a song in an ad campaign. Artists typically reserve these rights for themselves, and aren't sold to BMI, ASCAP etc. --

That makes sense. I didn't know it either. What section of Copyright Law, 17 USC, covers that subject?

99 posted on 06/29/2011 1:02:26 PM PDT by Cboldt
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To: Brilliant
Petty is just grandstanding to keep his liberal creds. There isn't a damn thing he can do about anyone using his music for public performance as long as they pay the licensing fee. Bachmann might not be able to use the song in a campaign ad, but she can use it as a theme at public events.

Once you license your song to BMI or ASCAP, you get the benefit of the performance fees, but you lose the right to control who or under what circumstances someone else can use your song.

100 posted on 06/29/2011 1:07:36 PM PDT by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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