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Rush Vs. Rush Limbaugh: Band Tells Host to Stop Playing Their Music
spinner.com ^ | 3/7/2012 | Kenneth Partridge

Posted on 03/08/2012 6:24:25 AM PST by SoFloFreeper

Canadian prog rockers Rush share their name with a certain right-wing American radio personality,but that doesn't mean they share his values.

After learning that Rush Limbaugh had used its song 'The Spirit of the Radio' during his recent rant against Georgetown law student Sandra Fluke -- a woman he called a "slut" and "prostitute" for supporting mandated coverage of contraceptives -- the band filed a cease and desist letter, asking the DJ to lay off their music, TMZ reports.

"The public performance of Rush's music is not licensed for political purposes and any such use is in breach of public performance licenses and constitutes copyright infringement," reads the statement.

"Accordingly, we hereby demand that you immediately stop all use of Rush's music and confirm that you will do so," the letter continues.

(Excerpt) Read more at m.aol.com ...


TOPICS: Culture/Society; News/Current Events
KEYWORDS: hypocrites; music; radio; rush
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These guys pose as libertarians and free thinkers...one of their albums, 2112, is even dedicated to Ayn Rand. But I guess they've turned into lame wusses in their old age.

As long as Rush pays the ASCAP/BMI license, can't he play anything in that catalogue?

1 posted on 03/08/2012 6:24:40 AM PST by SoFloFreeper
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To: SoFloFreeper
"The public performance of Rush's music is not licensed for political purposes and any such use is in breach of public performance licenses and constitutes copyright infringement," reads the statement.

I believe he is allowed to play snippets of music without violating copyright law. It's the same indemnification extended to Amazon, for instance, where you can go to their site and listen to 30 second clips of songs.

I believe there's a "sampling" statute that indemnifies Limbaugh. He'll likely stop playing the music, but I doubt he's in violation of copyright law.

2 posted on 03/08/2012 6:27:02 AM PST by rarestia (It's time to water the Tree of Liberty.)
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To: SoFloFreeper

I’ve yet to hear an artist tell a Republican; “Please, don’t buy our albums.”


3 posted on 03/08/2012 6:28:06 AM PST by Huskrrrr
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To: SoFloFreeper
I can't recall that there is a license for playing a song for political purposes.

ASCAP/BMI/SEAC only cares about how large the audience is.

4 posted on 03/08/2012 6:29:28 AM PST by HIDEK6
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To: SoFloFreeper

yet another example that libertarians are indeed the HIPPIES OF THE RIGHT


5 posted on 03/08/2012 6:29:28 AM PST by wardaddy (I am a social conservative. My political party left me(again). They can go to hell in a bucket.)
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To: SoFloFreeper
As long as Rush pays the ASCAP/BMI license, can't he play anything in that catalogue?

************

Pretty sure your surmise is correct...

Neither of these licenses are incidental-- quite pricey $$ (for broadcast in particular)

6 posted on 03/08/2012 6:29:35 AM PST by Wings-n-Wind (The main things are the plain things!)
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To: SoFloFreeper

The musicians NEED to put warning labels on their music then. “It’s cannot be used for ‘x’ reason, it is not intended for that use”. Amazing!! The thought police is alive and well.


7 posted on 03/08/2012 6:30:40 AM PST by presently no screen name
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To: wardaddy

“yet another example that libertarians are indeed the HIPPIES OF THE RIGHT”

It took five posts to get to this. You’re slipping.


8 posted on 03/08/2012 6:32:32 AM PST by Daveinyork
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To: SoFloFreeper
Shut up and sing.

No, on second thought, just shut up.

9 posted on 03/08/2012 6:32:57 AM PST by Lazamataz (Today. I shall report evey single thing I see to the admin.)
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To: SoFloFreeper

2112 was a great album.
Now they are living it.............


10 posted on 03/08/2012 6:33:22 AM PST by Red Badger (If the Government can make you buy heath insurance, they can make you buy a Volt................)
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To: SoFloFreeper

Sorry, “Rush”... was a fan, not so much anymore.


11 posted on 03/08/2012 6:34:01 AM PST by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: SoFloFreeper

I’m not even sure Rush is paying an ASCAP/BMI fee. He purchased the song.


12 posted on 03/08/2012 6:35:33 AM PST by albie
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To: SoFloFreeper

Liberaltarians. They will be just fine with the Dictatorship Of Liberal Tyrants. DOLTS for short.


13 posted on 03/08/2012 6:35:43 AM PST by ecomcon
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To: SoFloFreeper

I used to like Rush(the band)


14 posted on 03/08/2012 6:36:29 AM PST by certrtwngnut (It's not the people who vote that count, it's the people who count the votes. (Josef Stalin))
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To: Wings-n-Wind
Plus, it wasn't used for political purposes, unless you want to make the claim that Rush's entire show is a political purpose. The music was not used in conjunction with the Fluke kerkuffle. It may have aired adjacent to some Fluke discussion.

Basically, it sounds like Media Matters called 'em and manufactured a crisis because Rush occassionally uses the tune to bump back in from commercial breaks. The band doesn't know what it's talking about, other than what they've been told by MM, I'll bet you.

15 posted on 03/08/2012 6:37:43 AM PST by chiller ( Elect another batch of TPartiers and it won't matter which R we elect. WE will lead.)
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To: SoFloFreeper

Relatively few performers still hold the rights to their music. Typically they’ve been sold off to record labels and investors who will gladly take Rush’s money. This is largely bluster for the benefit of their lib friends in showbiz.


16 posted on 03/08/2012 6:39:41 AM PST by Buckeye McFrog
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To: SoFloFreeper

Except that Rush is not a ‘political entity’.

He’s and entertainer.

Just because he speaks ‘about’ politics, it doesn’t make him a politician.

Therefore there is no ‘breach’ of the license.


17 posted on 03/08/2012 6:43:09 AM PST by Bigh4u2 (Denial is the first requirement to be a liberal)
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To: SoFloFreeper

Right, once they handed the enforcement of their licensing over to ASCAP/BMI they lost the right to dictate who can and can’t license the music. If they want to withdraw their catalog from those companies just to spite Rush, then maybe they’d have a case, but I doubt they are about to do that :)


18 posted on 03/08/2012 6:44:04 AM PST by Boogieman
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To: chiller

Rush has been using a snippet (fair use) form Spirit of Radio for years. They haven’t been relevant since the Big Money days. Not eve I, who had Slingerland make a copy of the Black and Brass drum set Peart used on Farewell to Kings bother to put them in the tape deck. The last time they were in the news. Alex Lifeson beat the crap out of some guy.


19 posted on 03/08/2012 6:44:43 AM PST by massgopguy (I owe everything to George Bailey)
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To: SoFloFreeper
did the (royalty payment) check bounce?

20 posted on 03/08/2012 6:46:15 AM PST by skinkinthegrass (Simple: Kill the terrorists, Protect (all) the borders, ridicule all the (surviving) Liberals :^)
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To: SoFloFreeper

This is an improvement. No Rush on Rush.


21 posted on 03/08/2012 6:46:43 AM PST by Da Coyote
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To: Huskrrrr
I’ve yet to hear an artist tell a Republican; “Please, don’t buy our albums.”

I think we just did.
22 posted on 03/08/2012 6:46:56 AM PST by sasquatch
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To: SoFloFreeper

That so-called music is worse than fingernails on a blackboard! Every time it’s played it makes my fillings hurt. Good Riddance.


23 posted on 03/08/2012 6:47:30 AM PST by JohnKinAK
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To: SoFloFreeper
"The public performance of Rush's music is not licensed for political purposes and any such use is in breach of public performance licenses and constitutes copyright infringement," reads the statement.

They can ask real nice... But there is no legal requirement that Rush comply, in spite of their assertion here.

24 posted on 03/08/2012 6:49:14 AM PST by Haiku Guy ("The problem with Internet Quotes is that you never know if they are real" -- Abraham Lincoln)
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To: SoFloFreeper

Hey, you sell your song, someone buys it, plays it not for personal gain, you live with it....

Free market, baby!!!!!!!


25 posted on 03/08/2012 6:49:29 AM PST by matginzac
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To: SoFloFreeper

Seems like good business to me?

If I’m a band, I want to sell to as many people as possible. Rush the band, is not overt in conveying a political message. To have your music associated with someone who is seen as extreme, (on either end of the political spectrum), is potentially losing customers on the other side. Especially if that person is in the midst of a controversy.

If I had a product to sell, and wanted the widest possible customer base, I’d be as apolitical as possible.


26 posted on 03/08/2012 6:49:42 AM PST by brownsfan (Aldous Huxley and Mike Judge were right.)
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To: massgopguy

He’s also said that all the bump music is paid for via the music licensing services. I don’t know how it’s done these days, but radio stations pay to play music, and talk stations apparently do also, even if in the limited (fair) use application.


27 posted on 03/08/2012 6:51:17 AM PST by chiller ( Elect another batch of TPartiers and it won't matter which R we elect. WE will lead.)
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To: SoFloFreeper

“....right-wing American radio talk show personality.....”

Rush Limbaugh is a CONSERVATIVE American radio talk show personality. The left likes to call conservatives “right-wing,” a perjorative, but they never call themselves “left-wing.”


28 posted on 03/08/2012 6:51:52 AM PST by july4thfreedomfoundation (I'm NOT smitten' with Mittens)
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To: All
Geeez...can you beleive these morons!?!

Contact their Distributor here to express your opinion if you're not happy with their decision.

Or, call them at (800) 288-5942.

29 posted on 03/08/2012 6:53:28 AM PST by harpu ( "...it's better to be hated for who you are than loved for someone you're not!")
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To: SoFloFreeper

they were libertarians back in the 70’s but reading Neal Peart’s books written over the last 20 years he’s an obvious lefty now. Sad.


30 posted on 03/08/2012 6:54:33 AM PST by Wyatt's Torch (I can explain it to you. I can't understand it for you.)
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To: SoFloFreeper

Guess they now pilot the “gleaming aero air car’ they sang about on Red Barchetta...And Geddy’s uncle was “Uncle Joe”.

Who knew?


31 posted on 03/08/2012 6:55:00 AM PST by Norm Lenhart
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To: HIDEK6

there is no such license.

some Rush band suit is a leftist and is just flooking the band’s income.


32 posted on 03/08/2012 6:55:31 AM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: chiller

I rarely if ever hear Rush the band on his show anyway.


33 posted on 03/08/2012 6:56:31 AM PST by SoFloFreeper
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To: Wings-n-Wind

That’s why Rush’s podcasts are so “sterile” - no intro music, none of the wonderful parodies. Just a moment of dead air time and back to yak. He’s got all these subscribers, but seemingly won’t buy the licenses to play those items to a private web audience. Must be hard to negotiate, hard to measure plays, or very expensive - or all three.


34 posted on 03/08/2012 6:57:49 AM PST by ProtectOurFreedom
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To: SoFloFreeper

Honestly, I’ve never heard of a band called RUSH.

If they’re that low-life, it shows how nice Rush was to
use them even tho they were Ayn Rand supporters.
They should be grateful that he uses their music.

There are others, so he can do better, I’m sure.


35 posted on 03/08/2012 7:01:08 AM PST by TribalPrincess2U
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To: SoFloFreeper
After learning that Rush Limbaugh had used its song 'The Spirit of the Radio' during his recent rant against Georgetown law student Sandra Fluke -- a woman he called a "slut" and "prostitute" for supporting mandated coverage of contraceptives -- the band filed a cease and desist letter, asking the DJ to lay off their music, TMZ reports.

I would not know that the band Rush existed. But after hearing the junk that they call music, good riddance. They will get some free publicity by trying to thrash Rush Limbaugh, but, like the others selectively jumping on the bandwagon to "hurt" Rush, they will suffer far more economic decay.

I seriously doubt that the dregs attaching Rush and withdrawing their advertising will benefit economically in any way. Junk is junk. At least Rush gave them a boost in sales for awhile.

36 posted on 03/08/2012 7:03:58 AM PST by olezip
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To: SoFloFreeper

They ought to be happy limbaugh plays their music. Not exactly relevant anymore, are they? The spirit of radio was released in 1979.


37 posted on 03/08/2012 7:07:28 AM PST by Brasky
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To: SoFloFreeper; rarestia; Huskrrrr; HIDEK6; wardaddy; Wings-n-Wind; presently no screen name; ...

HAS ANYONE SEEN ANY PROOF THAT THIS IS REAL?

So far, all I see is a regurgitated blog reference to a TMZ.COM UNSOURCED claim that a strongly worded letter has been sent by, “the band.”

“The band” doesn’t send letters. Lawyers do. And lawyers would know this is futile.

If Geddy or Alex or Neil are quoted somewhere, I haven’t seen it yet. (They certainly might have, but they generally don’t seem to be the types to get into these stupid things.)


38 posted on 03/08/2012 7:07:48 AM PST by sam_paine (X .................................)
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To: massgopguy

You’re right. Similar to “My City Was Gone,” where they didn’t care that he used it for years and years until something came up.


39 posted on 03/08/2012 7:11:40 AM PST by matt04
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To: SoFloFreeper
I agree with Rush, the band. Limbaugh should stop playing their songs. Instead, he should play The Coon-Sanders Nighthawks, The California Ramblers, The Revelers, or Roane's Pennsylvanians. Or maybe a female singer such as Jane Green or Aileen Stanley The music by these acts is vastly superior to anything put out by Rush, and I'm sure none of them would object to Rush Limbaugh using their music.
40 posted on 03/08/2012 7:14:17 AM PST by Fiji Hill
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To: SoFloFreeper

Rush shouldn’t have caved.


41 posted on 03/08/2012 7:15:25 AM PST by onedoug
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To: sam_paine

You bring up a good point. Didn’t notice where the comments came from. Probably I believed it because it’s unbelievable :) - like the whole thing that start this fluke’n mess!


42 posted on 03/08/2012 7:23:55 AM PST by presently no screen name
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To: Haiku Guy

What’s more, the SCOTUS (in that infamous Jerry Falwell in the Outhouse case involving Larry Flynt) has granted absolute protection to parody.

So if Rush won’t let Rush play their song, he is perfectly free to hand it over to Paul Shanklin to produce a snot-ripping parody of it.


43 posted on 03/08/2012 7:24:35 AM PST by Buckeye McFrog
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To: sam_paine
And lawyers would know this is futile.

Lawyers do futile things every day, if their clients are willing to pay. It's called "bluffing."

44 posted on 03/08/2012 7:26:35 AM PST by Cyber Liberty ("If the past sits in judgment on the present, the future will be lost." --Winston Churchill)
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To: SoFloFreeper

“a woman he called a “slut” and “prostitute” for supporting mandated coverage of contraceptives”

actually, the ‘slut’ remark was due to the sheer number of times per day she expected US tax payers to pay for her contraceptives.

how much? $1000 / yr

how many condoms is that? you can buy condons in bulk for $0.10 ea. this means she would have 10,000 condoms for the year.

this means she is having sex 27 times per day... every day... including holidays

can she even walk??

and she says many other women @ georgetown have the same issue.


45 posted on 03/08/2012 7:30:45 AM PST by sten (fighting tyranny never goes out of style)
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To: SoFloFreeper

Maybe to mock this request to stop playing Rush(band) music, Rush(L) should play the “Gershon Delicatessen” polka version of “Spirit of Radio” (from Rush(band) Time Machine Tour Cleveland concert).


46 posted on 03/08/2012 7:35:23 AM PST by AlexisHeavyMetal1981 (Red Sector A)
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To: SoFloFreeper

I wonder if they all are in agreement or if just one has a bee in his bonnet.

Geddy Lee and Alex Lifeson are pretty laid back. Neil Peart on the other hand has some issues.

I think he needs to read his own lyrics and shut the hell up.


47 posted on 03/08/2012 7:40:09 AM PST by Tolkien (Grace is the Essence of the Gospel; Gratitude is the Essence of Ethics.)
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To: Cyber Liberty; presently no screen name
Lawyers do futile things every day, if their clients are willing to pay. It's called "bluffing."

Yes. And if TMZ posted a blurb that "Jim Robinson has sent a cease and desist letter to Ed Schultz" what would be the first thing you'd do?

Look for a post or direct quote from jimrob on FR or Daily Caller or anywhere....direct confirmation, more juicy tidbits, etc.

Here? Nothing.

48 posted on 03/08/2012 7:45:32 AM PST by sam_paine (X .................................)
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To: sam_paine
The blind item ends with a challenge to Rush to have good luck finding misogynistic artists. Really, how about every Rapper?
49 posted on 03/08/2012 7:52:46 AM PST by massgopguy (I owe everything to George Bailey)
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To: Tolkien

Neil lost his wife and daughter within six months of each other. He is also the lyricist who writes what some critics have called “an overblown obsession with individualism”.


50 posted on 03/08/2012 7:54:45 AM PST by massgopguy (I owe everything to George Bailey)
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