Liberal Rock Stars to McCain-Palin Campaign: Stop Using Our Songs

ABC ^ | 9/7/08 | Jake Tapper

[pissant]

The McCain-Palin jukebox options are shrinking.

The latest rockers to tell the Republicans to cease spinning their albums are the women from Heart, who were chagrined to hear their song "Barracuda" play at the Republican convention as Alaska Gov. Sarah Palin hit the stage. Palin, a star high school basketball point guard, was nicknamed "Sarah Barracuda." The official Heart website states

that "Ann and Nancy Wilson of Heart have informed the McCain/Palin Campaign that Universal Music Publishing and Sony BMG have sent a cease-and-desist notice to not use one of Heart's classic songs 'Barracuda,' as the congratulatory theme for Sarah Palin. The Republican campaign did not ask for permission to use the song, nor would they have been granted that permission. We have asked the Republican campaign not to use our music. We hope our wishes will be honored."

And on Entertainment Weekly's website

the Wilson sisters add that "Sarah Palin's views and values in NO WAY represent us as American women. We ask that our song 'Barracuda' no longer be used to promote her image. The song 'Barracuda' was written in the late '70s as a scathing rant against the soulless, corporate nature of the music business, particularly for women. (The 'barracuda' represented the business.) While Heart did not and would not authorize the use of their song at the RNC, there's irony in Republican strategists' choice to make use of it there."

This is not the first time a liberal rock star has asked McCain to stop spinning his or her tunes.

In February, John Mellencamp

[A CA Guy]

If it is out there to get royalties, outside of paying them (if necessary) what power over songs do they retain by law?

[jincarolina]

I kind of wish Brooks and dunn had. I think the libs singers are trying to get another fifteen of fame.

[GOPJ]

These liberal rock stars need to

call the Dixie Chicks.

Or their local newspaper

and see how bad business can be

after "giving the finger" to half their potential customers... (the half that's conservatives).

[justlurking]

That is not the only time. I believe during the last Democrap Convention they played one of Elvis Presley songs. Elvis is a registered Republican. No one made a hissy fit over that, sheesh.

Insert your favorite "Elvis is alive!" joke here....

[Non-Sequitur]

I thought after 25 years, a song becomes part of the “public domain”.

If that were true then we should be able to download Beatles and Rolling Stones from free web sites.

[pollwatcher]

I read that the guitarist co-writer of Barracuda was thrilled they used the song - if only in the “more sales” sense.

[Straight Vermonter]

I don’t know why the Republican’s don’t stick with country music and artists.

Or they could play a recording of fingernails on a chalkboard, either one.

[Doe Eyes]

Can the bands and or record labels legally compel someone not to play their music? Does that not violate “Fair Use” provisions?

Next thing you know we will have businesses claim they have the right to refuse service to anyone.

[ConservativeMan55]

Speaking of fat.. hehe

Anti-war protester complains about not having enough food. Asks for "Money for Jobs"

[SkyDancer]

I read that their music can be played at a private gathering which what the convention was. It was by invitation only. There was a piece I think on Little Green Footballs or Newsbusters that laid out the legalese ... or was it on FR?
Not sure.

[NYC Republican]

Who- this ugly, fat POS Rosanne-wanne-be? Screw her

[Morgan in Denver]

Democrats can use God Bless America even though they don’t believe that so what’s the difference?

[MovementConservative]

Very foolish. They could make a comeback of sorts. Why limit your audience?

[Non-Sequitur]

How is it that Rush can use “My City Was Gone” if that’s not true? Are the Pretenders Republicans?

He pays. Instead of paying royalties to the author, Crissie Hynde, Limbaugh donates the equivilent amount to PETA.

[Straight Vermonter]

The ironic thing is that some (or all) of the music from Heart’s first album belongs to their old record label not them. Despite this they refuse to stop playing these songs in concert.

[RasterMaster]

Bill and Hillary forever ruined the song "Don't Stop Thinking About Tomorrow"

I enjoyed when in 2000 at a Bush rally they started playing that song, everyone got a confused look on thier face....you hear the needle scratch across the record and it segway's into the Who's "WON'T GET FOOLED AGAIN!"

[SkyDancer]

OK - Found this on Little Green Footballs.com

“Although I work as an intellectual property lawyer, I don’t do much in the copyright licensing field any more. However, when I was doing this a few years ago, if a client of mine was going to have a convention or a trade show and wants to play ASCAP or BMI music at it’s booth, it would approach ASCAP and/or BMI and buy a license to play ALL of that company’s music at the event in question. Permission from any one of the artists was NOT required.

This is different from using songs as background on campaign videos.

Now, Heart may have some other claim about right of publicity (i.e., that using the music incorrectly implies permission or sponsorship), but as far as I know, on the copyright claim, the answer to their attorneys is “we got a license, so go pound salt.”

[justlurking]

However, THEY don't "own" the song because THEY didn't write it. The drummer (Michael DeRosier) wrote it, and was recently quoted as saying he loved the fact it was being used.

It was apparently a collaborative effort, between the Wilson sisters, Michael DeRosier, and Roger Fisher:

Rock group Heart says "Barracuda" use is fishy

Fisher is the one that has been quoted as thrilled, as they get royalties and publicity. I've read that downloads of "Barracuda" has shot it to the top of online music charts. I bought my copy from iTunes long ago. :-)

He has also written that he plans to donate a portion of the royalties to Barack Obama's campaign.

As others have noted, this is out of the artist's control, anyway. From the article:

Copyright law may not be on the Wilsons' side as the song is licensed for public performance under a blanket fee paid by the venue to ASCAP, the firm that collects royalties on behalf of composers and copyright owners.

If the fees are paid, McCain's campaign can legally continue to use the song. If they stop doing so, it's only out of respect for the artist's wishes.

[FredZarguna]

First, Heart sux; anything decent they ever did -- two, maybe three songs tops -- were stolen whole or in part from soneone else. Second, we don't want to reintroduce their catalog, which has been justifiably off the air for twenty five-years because Heart sux, and there's already plenty of absolutely hideous trash on the radio. Third, we are trying to showcase women, and Heart is living proof that there are still some things men do a hell of a lot better than women -- like any kind of Rock music.

[Gay State Conservative]

He pays. Instead of paying royalties to the author, Crissie Hynde, Limbaugh donates the equivalent amount to PETA.

Yes,I knew that he paid.I recall him saying something about it.But can Hynde (assuming she owns the rights) forbid him from using it even if he pays? I thought that that was what RIAA and ASCAP were all about...determining who owns what and what someone has to pay to use another's "property" (the song to be played).