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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

He should be totally thrilled that anyone is using his music.

I don’t know why anyone would want to use American Girl anyway. One, she’s not a girl and it sounds silly and two, the tune is not at all catchy.


51 posted on 06/29/2011 11:55:43 AM PDT by altura ( Palin/Ryan---or Palin/Perry (for the best looking ticket ever))
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To: Above My Pay Grade

I doubt he’s sold the copyright to the public. I don’t know why Bachmann would use any music without getting permission. Probably her locals did it without discussing it. Or maybe she got permission from the publisher and Petty just doesn’t know it.


52 posted on 06/29/2011 11:56:05 AM PDT by Brilliant
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To: Uri’el-2012
What simple minded twit in the Bachmann campaign decided it was OK to STEAL someone else's property ?

Please show where her copy of the song is stolen?

If it is legally purchased music, she can play it all day long.

I don't have Mr. Petty's permission to play any of his songs, but if my music tastes were much lamer, I could purchase something by him and play it anytime I want.

I think there may be some minimal fee to pay to the publisher if you play it a public rally, but permission is not needed.

53 posted on 06/29/2011 11:56:05 AM PDT by dead (I've got my eye out for Mullah Omar.)
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To: Mad Dawgg

Thanks. So are these lawsuits simply filed as public relations tactics to try to get the candidates to voluntarily stop playing the music?


54 posted on 06/29/2011 11:56:20 AM PDT by Above My Pay Grade
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To: Above My Pay Grade
Christianity, Conservatism and Rock and Roll are not, IMHO.

So what music replaces Rock and Roll in this grouping?

55 posted on 06/29/2011 11:56:38 AM PDT by Bronzewound (When radicals begin to follow rules, are they still radicals?)
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To: Huck

boycott STP fuel treatment.
Let’s do it - I can be petty too (yes and just as childish;)
NASCAR fans ain’t gonna like this.


56 posted on 06/29/2011 11:58:41 AM PDT by Bitsy (!)
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To: Above My Pay Grade
"Thanks. So are these lawsuits simply filed as public relations tactics to try to get the candidates to voluntarily stop playing the music?"

Well I've never heard of an actual suit being filed about such, but if there is I would bet it was an attempt to uncover those Candidates that played the music but didn't pay the fees which would be a political jackpot for the Democrats!

57 posted on 06/29/2011 11:59:28 AM PDT by Mad Dawgg (If you're going to deny my 1st Amendment rights then I must proceed to the 2nd one...)
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To: Bronzewound

Psalms and hymns and spiritual songs? (see Ephesians 5:19)


58 posted on 06/29/2011 12:01:03 PM PDT by Above My Pay Grade
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To: Uri’el-2012
"What simple minded twit in the Bachmann campaign decided it was OK to STEAL someone else's property ?"

I am gonna go out on a limb here and say you don't have a clue how Copyright law works for music.

Would I be correct in assuming such?

59 posted on 06/29/2011 12:02:12 PM PDT by Mad Dawgg (If you're going to deny my 1st Amendment rights then I must proceed to the 2nd one...)
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To: Opinionated Blowhard

American Girl lyrics
Songwriters: Petty, Tom;

Well, she was an American girl
Raised on promises
She couldn’t help thinkin’
That there was a little more to life somewhere else

After all it was a great big world
With lots of places to run to
And if she had to die tryin’
She had one little promise she was gonna keep

O yeah, all right
Take it easy, baby
Make it last all night
She was an American girl

Well, it was kind of cold that night
She stood alone on her balcony
Yeah, she could hear the cars roll by
Out on 441 like waves crashin’ on the beach

And for one desperate moment
There he crept back in her memory
God it’s so painful when something that’s so close
Is still so far out of reach

O yeah, all right
Take it easy, baby
Make it last all night
She was an American girl


60 posted on 06/29/2011 12:02:14 PM PDT by Atlas Sneezed (End the "Fiscal Fiasco" in 2012!)
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To: MissesBush

Leftists are LOSERS.....I’m totally convinced. Even if the world worships at their feet—which they do. LOSERS in the grand scheme of eternity.


61 posted on 06/29/2011 12:03:36 PM PDT by tflabo
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To: MissesBush

Piss off Mr Petty, your music is in the public. Get over it and keep playing the Casino circut to 200 people a night.


62 posted on 06/29/2011 12:03:55 PM PDT by CPT Clay (Pick up your weapon and follow me.)
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To: Above My Pay Grade

but with all these lefty “musicians” filing lawsuits against Republicans


They’re not filing lawsuits. They’re issuing Press Releases.


63 posted on 06/29/2011 12:04:04 PM PDT by Atlas Sneezed (End the "Fiscal Fiasco" in 2012!)
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To: Uri’el-2012

The usual way these things go is a campaign licenses a song for public performance from the label or whatever entity had the rights just like any other business concern and the twerp singer or songwriter later hears an eeeeeeevil Republican used it and has a public hissy-fit.


64 posted on 06/29/2011 12:04:24 PM PDT by newzjunkey (uh uh uh says "I've been here" (in DC) and then says "I was in Iowa"...)
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To: Samurai_Jack
Actually This is the best point of the thread... What made bachmann think that tom petty would not kick her in the backside given his history? Does she need another new chief of staff?

Of all the folks running,
I like Bachmann the best,
however there is no Adult Leadership
in the campaign.

I fear it will soon self destruct.


65 posted on 06/29/2011 12:04:28 PM PDT by Uriel-2012 (Psalm 119:174 I long for Your salvation, YHvH, Your law is my delight.)
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To: MissesBush

As often as this has happened in recent years, only a fool would use a song in a campaign without securing permission prior. This kind of embarrassment is easily avoided.


66 posted on 06/29/2011 12:07:48 PM PDT by Melas (Sent via Galaxy Tab)
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To: chuckee

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.

He allowed it into the public domain. Can not take it back.


67 posted on 06/29/2011 12:08:17 PM PDT by CPT Clay (Pick up your weapon and follow me.)
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To: MissesBush

Damn this is the first time this has ever happened, NOT!!!!!


68 posted on 06/29/2011 12:10:49 PM PDT by org.whodat
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To: Gabz

Regardless, it was an error by a campaign staffer, probably the speech writer. It wasn’t a mistake Bachmann made. The only mistake she made was not excluding the line from the speech to begin with because who really cares if John Wayne is from her hometome?? Doesn’t mean somehow she’s inherited whatever virtues one ascribes to John Wayne. That being said—this was sloppy staff work. Bachmann can’t be blamed for that. I’d fire the person responsible though for screwing up her big day.


69 posted on 06/29/2011 12:13:09 PM PDT by MissesBush (Obama logic re: Weiner. Twitter your junk = I would resign. Destroy a nation = I deserve re-election)
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To: Uri’el-2012

You’re the one making the accusation of theft, so the burden of proof falls on you (you twit).


70 posted on 06/29/2011 12:14:49 PM PDT by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: MissesBush

Was it wise to pick a campaign song that includes the lyric?

God it’s so painful when something that’s so close
Is still so far out of reach


71 posted on 06/29/2011 12:15:35 PM PDT by NC28203
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To: Above My Pay Grade
Psalms and hymns and spiritual songs? (see Ephesians 5:19)

And only that? All the time?

72 posted on 06/29/2011 12:16:18 PM PDT by Bronzewound (When radicals begin to follow rules, are they still radicals?)
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To: MrB

.


73 posted on 06/29/2011 12:18:46 PM PDT by Uriel-2012 (Psalm 119:174 I long for Your salvation, YHvH, Your law is my delight.)
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To: Beelzebubba; Uri’el-2012
you have no clue about intellectual property law, although your confidence in your error is impressive.

What he said.

74 posted on 06/29/2011 12:19:03 PM PDT by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: Above My Pay Grade

As long as she pays the appropriate mechanical licensing and/or royalty fees to ASCAP and BMI, Petty can do nothing.


75 posted on 06/29/2011 12:19:45 PM PDT by Salgak (Acme Lasers presents: The Energizer Border: I dare you to try and cross it. . .)
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To: MissesBush

I really wasn’t even commenting upon what she said, but rather I was blaming the media for (possibly) being even sloppier than one of Bachmann’s campaign people.


76 posted on 06/29/2011 12:23:49 PM PDT by Gabz (Democrats for Voldemort.)
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To: Brilliant
You're not really living up to your name today.

There's no evidence her campaign didn't license the song from the appropriate legal entity. Petty would not have to know, just collect his regular check. He's scoring PR points because she's an eeeeeeevil Republican and he's a grand-standing jerk.

We see this dance every campaign cycle. Bob Dole couldn't use "Soul Man" even as a "Dole Man" parody. W couldn't use "Still the One." McCain had a problem with John Mellencamp over "Our Country."

A GOP campaign licenses song for public performance like any business, outraged "artist" threatens to sue, claims no permission given. Rinse, repeat.

77 posted on 06/29/2011 12:25:00 PM PDT by newzjunkey (uh uh uh says "I've been here" (in DC) and then says "I was in Iowa"...)
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To: MissesBush
during her announcement speech, the Tea Party supporter confused the birthplace of actor John Wayne with that of serial killer John Wayne Gacy.

Here's the tactic, repeat a lie often enough people believe it's true. Gacy was born in Chicago, while Bachmann just got John Wayne's city in Iowa wrong, saying Waterloo (where Wayne's parents lived) instead of Winterset (where Wayne was born). Most news outlets are smart enough to make this clear somewhere in the text, but they still portray this as her mistaking the birthplaces of the two people, especially for people who don't read below the first paragraph.

78 posted on 06/29/2011 12:25:42 PM PDT by antiRepublicrat
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To: Bronzewound

No, there are plenty of other benign, inoffensive forms of music that do not undermine the conservative and more importantly, the Christian message.

But Rock and Roll music has for the most part always been about, or associated with, sexually immoral behavior, pride, rebellion, drugs, drunkeness, socialism, etc..

My point is, that if you are going to put yourself forth as a Christian politician does it make sense to use what is perhpas the most worldly form of music (hip hop might beat rock in that respect) known to man, in your rallies?

The fact that the vast majority of such music was written and recorded by men and women who HATE everything you stand for as a Christian and a Conservative makes the music choice even more puzzling to me.

Don’t get me wrong. I like Bachmann and am not singling her out. Just about all of them do the same thing. But she seems to be the Republican candidate who emphasizes her faith the most (a good thing IMO). Worldly Rock music doesn’t seem to fit her message or image.


79 posted on 06/29/2011 12:26:35 PM PDT by Above My Pay Grade
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To: antiRepublicrat
during her announcement speech, the Tea Party supporter confused the birthplace of actor John Wayne with that of serial killer John Wayne Gacy.

Pretty bizarre, huh, when folks who think they're pointing out a gaffe make an even larger one?
80 posted on 06/29/2011 12:29:16 PM PDT by aruanan
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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 Uriel-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 Uriel-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: Uri’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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