Skip to comments.Kim Davis Might Get Sued for ‘Unauthorized Public Performance’ of ‘Eye of the Tiger’
Posted on 09/09/2015 8:11:21 PM PDT by nickcarraway
Kim Davis walked out to Survivors Eye of the Tiger when she was released from jail Tuesday.
A judge ruled that Davis should be released from jail as long as she doesnt interfere with the licenses that her deputies have been granting.
However, she infringed upon Survivors rights when she played the 1982 rock classic as she walked on stage to give a speech.
Record label EMI has considered suing Davis, as well as her supporter Mike Huckabee, for publicly playing the song without permission.
They are well within their rights to hold a public rally in support of Kim Davis, or anyone else for that matter, intellectual property attorney Paul W. Steiner. Where they broke the law was when they played that song by Survivor without the permission of the rights holder.
Steiner says that often times, record labels and musicians will turn the other cheek when their songs are publicly played without authorization.
Though, in this case, I believe that EMI does not want their song associated with someone like Kim Davis, or Mike Huckabee for that matter, and will most likely seek full damages for this incident.
The song has motivated thousands through the years to reach beyond their limits. Its use for the release of Kim Davis does not support my views or my politics. I have contacted my publishers to make sure this usage is stopped immediately, Survivors founder Jim Peterik told Billboard.com.
Frankie Sullivan, who co-wrote the song with Peterik for Rocky III, took to his Facebook page to express his dismay at Daviss use of their song.
We did not grant Kim Davis any rights to use My Tune -The Eye Of The Tiger. I would not grant her the rights to use Charmin!
They can try, nothing says shes the responsible party. so she can sue them back for any costs if they try.
The Uniparty NEVER stops punishing its enemies...
Huckabee arranged the rally. Furthermore, he is a musician. He should know better than to play someone else’s song without permission.
If the ho-wood bigots follow through with suing Kim Davis, Huckabee should pay the damages.
Maybe that’s why Cruz never made it to the stage....It clicked as soon as he heard it...and he said whoa....
She should file suit for malicious prosecution if they sue her. She obviously had nothing to do with organizing the rally or choosing the music - she was in jail. That is obvious to even a casual observer - so the lawsuit would be a lie if she is named as a responsible party. She was only able to appear on stage at the rally as she happened to be released around the same time as the rally was scheduled. It had already been planned by the event organizers and by Huckabee.
They can sue, and they will lose. Artists sign away their rights, anybody can use the music, as long as they pay the royalty.
All these people need to do is create van internet “radio station”, obtain a public performance license from ASCAP, and stream the audio thru the PA system. ASCAP insisted that internet play required the same license as an actual broadcast, so play by their rules, crank it up and all is legal. This is how Rush uses her music despite Chryssie Hinds wishes, except an internet “radio station” is vastly easier to set up than the real kind.
Maybe he has a license to perform or play songs. I don’t know.
There is no need for permission. All these "permission" stories are just for the benefit of the artist venting their spleen. The artists argree to allow anybody to play the music, with a royalty schedule set by the music publisher.
Well, Mike, now it is your venue and not Ted Cruz’s! Hahahahaha!
The most the artists are owed is a royalty fee for one rendition. They can’t ban people for using their music just because they disagree with that persons views. That would be like a baker refusing to bake a cake for a gay wedding except that the baker has the Constitutional right to free exercise of their deeply held religious beliefs. The artists are refusing people just because they disagree with what that person stands for. Typical liberal double standards.
It was Huckabee’s event. He has made that clear all over TV today. Expenses and arrangements too.
LOL! You certainly have a point. Couldn’t happen to a nicer selfish person than opportunist Hillary, er......I mean Huckabeeeee.
Seriously?! And a jury in her hometown would do what?
Survivor should be paid royalty for their song use. That should have been settled before the rally. That was an amateur move. Who was in charge of the rally again?
Not Cruz! Tee Hee. Huckster said so.
Survivor should be glad that someone was willing to use their lame, corny little song. This is the first time in years that anyone has thought of their little band.
Did she make money or gain any other advantage from it? How much of the song did they use?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.