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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
click here to read article
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To: Melas
In the rare event that a professional basketball team would play an entire song, you can bet that the franchise paid dearly for it. I appreciate the info. Are partial songs not covered?
Some baseball teams, for example, play excerpts as batters step to the plate - positive for the home team, negative for the visitors.
I remember there was one baseball player who got beat up by Tawney Kitane, the girl who crawled around on the hood of a car in some White Snake video. Naturally they played the song when he came up in opposing parks. I'm guessing that White Snake didn't give permission.
101
posted on
06/29/2011 1:10:57 PM PDT
by
dead
(I've got my eye out for Mullah Omar.)
To: Cboldt
That makes sense. I didn't know it either. What section of Copyright Law, 17 USC, covers that subject? Beats the hell out of me. My knowledge on the subject is much more mundane and practical. Because of sales events where I purchased music rights for my former employer, I do have access to all of BMI's forms and schedules to determine cost. Master use licenses aren't even on the map. The only way to acquire a master use license is have your attorney call their attorney...and blah blah blah, pay pay pay.
102
posted on
06/29/2011 1:13:02 PM PDT
by
Melas
(Sent via Galaxy Tab)
To: Melas
Using a song for a political campaign is NOT a public performance, its a commercial use.I'd have to look into the legal definitions. A political campaign is not a commercial enterprise, so i don't see how it would be a prohibited use. In a sense a political rally is like a family get together. If they used it in a politcal advertisement, then that would be different, but just to use it at rallies would seem to be a permissible use under the ASCAP and BMI rules.
Maybe there is a specific exemption for political rallies?
103
posted on
06/29/2011 1:14:09 PM PDT
by
P-Marlowe
(LPFOKETT GAHCOEEP-w/o*)
To: MissesBush
Tom Petty... another bleeding heart liberal cry-baby.
Reminds me of Heart throwing a hissy fit when at Gov. Palin's 2008 campaign appearances "Barracuda" was played upon entering the stage.
Anyone remember when John "Cougar" Melencamp threw a similar hissy when Reagan's team used "Little Pink Houses?"
I thought artists, as long as they were paid via their licensing firms, got paid and had no control over who plays their muzak?
Anyway... so there's Heart all high and mighty ... now there's a mop (Swiffer) commercial that's using one of their tunes.
Swiffer Wet Jet Commercial - Mud and Mop
104
posted on
06/29/2011 1:16:08 PM PDT
by
Trajan88
(www.bullittclub.com)
To: MissesBush
It's a crappy song anyway.
I'll bet she can get permission to play "let freedom ring" by Martina Mcbride. It's more appropriate and it's a better song.
105
posted on
06/29/2011 1:16:44 PM PDT
by
oldbrowser
(Breitbart for a Pulitzer Prize)
To: Bronzewound
So what music replaces Rock and Roll in this grouping?
<><><><<
Mantovani.
106
posted on
06/29/2011 1:19:39 PM PDT
by
dmz
To: P-Marlowe
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. I've been trying to correct this misconception on the this thread. A performance license is not required for a political campaign. Since it falls under commercial use, you'll need a master use license, even if it's not aired.
I've run into this personally, for sales events. The form will ask for the square footage of venue, estimated number of attendees, etc etc. There is always a magic number which is lower than you'd think (low thousands) that says "Master Use License Required" followed by contact information.
107
posted on
06/29/2011 1:20:47 PM PDT
by
Melas
(Sent via Galaxy Tab)
To: Melas
Thanks for the information! That’s helpful.
108
posted on
06/29/2011 1:23:56 PM PDT
by
proud American in Canada
(To paraphrase Sarah Palin: "I love when the liberals get all wee-wee'd up.")
To: Melas
Seems like a lot of freepers need educating on copyright law. Using a song for a political campaign is NOT a public performance, its a commercial use. Its 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 Crists 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 This is correct.
109
posted on
06/29/2011 1:28:39 PM PDT
by
Bronzewound
(When radicals begin to follow rules, are they still radicals?)
To: Huck
To: EQAndyBuzz
I dont care if your a lefty. But I do care if you act like a petulant little wuss.Maybe do a little eq cut on the anger frequency, Andy. I was just curious.
Lefty
111
posted on
06/29/2011 1:39:45 PM PDT
by
Bronzewound
(When radicals begin to follow rules, are they still radicals?)
To: MissesBush
I’m no longer ashamed to admit I bought every TP tape I own for $1 in Singapore back in 1983.
112
posted on
06/29/2011 1:40:34 PM PDT
by
Oratam
To: Melas
Seems like a lot of freepers need educating on copyright law.
It’s not copyright law, it’s entertainment law, having to do with the licensing of recorded works.
And the McCain and Devore cases had to do with the creation of NEW (”derivative”) works that were parody/variants of the original composition. There were also issues of right of publicity, with fake cover singers mimicking the stars’ voices. “Dole Man/Soul Man” was the same issue.
Those are very different legal issues than simply playing a recording at a rally.
You’re awfully confident, but my decades of practice in intellectual property law says your confidence is unjustified.
113
posted on
06/29/2011 1:52:12 PM PDT
by
Atlas Sneezed
(End the "Fiscal Fiasco" in 2012!)
To: Melas
No! Using a song in a political campaign falls under the same use as using a song in an ad campaign.
Novel legal theory, but I’d like to see some credible legal basis for the notion.
114
posted on
06/29/2011 1:58:23 PM PDT
by
Atlas Sneezed
(End the "Fiscal Fiasco" in 2012!)
To: nolongerademocrat
Tom Petty now on my boycott list.
A few years ago he did a lousy album full of song lyrics filled with left-wing pap. When asked about that he said "if you don't agree with something I've said on this album...then you're part of the problem!"
That being said, American Girl is his intellectual property and he can do as he likes with it.
To: Bronzewound
116
posted on
06/29/2011 2:11:02 PM PDT
by
EQAndyBuzz
(Liberals who graduate from Ivy League schools are the dumbest people on the planet.)
To: MrB; UriÂ’el-2012; Beelzebubba
you have no clue about intellectual property law, although your confidence in your error is impressive.Where I went to school, that was referred to as "invincible ignorance."
117
posted on
06/29/2011 2:14:57 PM PDT
by
HIDEK6
To: MissesBush
Who is Tom Petty? Is he the race driver?
118
posted on
06/29/2011 2:25:01 PM PDT
by
New Jersey Realist
(Congress doesn't care a damn about "we the people")
To: HIDEK6
"invincible ignorance." I have an inlaw with such a quality...
119
posted on
06/29/2011 2:25:46 PM PDT
by
MrB
(The difference between a Humanist and a Satanist - the latter knows whom he's working for)
To: Melas
"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 arent sold to BMI, ASCAP etc. It can cost a fortune to secure the rights to a song for an ad campaign." Sorry but no, you are confusing public performance rights with using a song in a new recorded work such as a commercial or movie.
That is a totally different ballgame and does not apply to what the Bachmann Campaign is doing with the song.
120
posted on
06/29/2011 4:38:38 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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