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 ...
As long as Rush pays the ASCAP/BMI license, can't he play anything in that catalogue?
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.
I’ve yet to hear an artist tell a Republican; “Please, don’t buy our albums.”
ASCAP/BMI/SEAC only cares about how large the audience is.
yet another example that libertarians are indeed the HIPPIES OF THE RIGHT
************
Pretty sure your surmise is correct...
Neither of these licenses are incidental-- quite pricey $$ (for broadcast in particular)
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.
“yet another example that libertarians are indeed the HIPPIES OF THE RIGHT”
It took five posts to get to this. You’re slipping.
No, on second thought, just shut up.
2112 was a great album.
Now they are living it.............
Sorry, “Rush”... was a fan, not so much anymore.
I’m not even sure Rush is paying an ASCAP/BMI fee. He purchased the song.
Liberaltarians. They will be just fine with the Dictatorship Of Liberal Tyrants. DOLTS for short.
I used to like Rush(the band)
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.
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.
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.
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 :)
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.
This is an improvement. No Rush on Rush.
That so-called music is worse than fingernails on a blackboard! Every time it’s played it makes my fillings hurt. Good Riddance.
They can ask real nice... But there is no legal requirement that Rush comply, in spite of their assertion here.
Hey, you sell your song, someone buys it, plays it not for personal gain, you live with it....
Free market, baby!!!!!!!
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.
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.
“....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.”
Contact their Distributor here to express your opinion if you're not happy with their decision.
Or, call them at (800) 288-5942.
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.
Guess they now pilot the “gleaming aero air car’ they sang about on Red Barchetta...And Geddy’s uncle was “Uncle Joe”.
Who knew?
there is no such license.
some Rush band suit is a leftist and is just flooking the band’s income.
I rarely if ever hear Rush the band on his show anyway.
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.
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.
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.
They ought to be happy limbaugh plays their music. Not exactly relevant anymore, are they? The spirit of radio was released in 1979.
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.)
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.
Rush shouldn’t have caved.
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!
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.
Lawyers do futile things every day, if their clients are willing to pay. It's called "bluffing."
“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.
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).
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.
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.
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”.
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