LOL! Pass the bong, dude. :cool:

OK, a radio station sends a check every time they play a song so why can't a campaign? Again I'm not disagreeing with the compensation side of it but rather the idea that they can deny sale to *certain* customer.

First, you have to make sure McCain/Palin asked to use it before saying there was a denial of sale.

No, I'm not saying they asked and were denied. The letter from heart made it sound like they were not welcome to use it period to which I ask can they really stop them if they properly compensate?

I heard something on the radio this morning, have no idea if it is true, but they say that the stadium (and most major stadiums like that) have licensing agreements with all of the major labels to use the label's songs for public events. They just have to pay the royalty when the songs are used.

Radio stations have agreements with the licensing agencies such as ASCAP. For a public performance (like the convention), that is a whole 'nother thing

http://www.ascap.com/licensing/termsdefined.html

Also there is an issue of "assumed endorsement" (Lanham Act) and possible economic effects on the performer.

It depends on who owns the copyright and who has the legal authority to license the material. iirc there also are issues of copyright around the authorship of the song as well as the actual recorded performance...they are different things. Hence the reason that you will hear some songs played in commercials but they aren't the original recording.

Dunno Mule, I think "Barracuda" and "Magic Man" are some pretty serious rock anthems. Turn them up on a good system to '11' and they really wail. Those girls could rock.

Crazy On You
Sing Child
Heartless

They kicked butt and were pretty hot in the day...and did a mean Led Zeppelin cover or two.

I wonder if the Dems got permission for all the tunes they played or if it's just a given that the artists endorse them. Jeremy?

I read an interview with Eddie Van Halen once where they asked him about using the song Right Now in that Pepsi Clear commercial. Remember that? He said VH only agreed to it because if they hadn't, Pepsi could have hired some musicians to play it identically, still would have used it in the commercial and then VH would have been defiled by some amateurs and still not gotten paid a dime.

I would think using a song for a convention, which is not selling a product, would have less of a legal burden than using a song in a tv commercial.

OK, I can see that. For instance you might not want you song associated with tampons or something if you think it would hurt your image.

Not selling a product? How about a bill of goods? :p

No No NO . . .you must be OUTRAGED by this IMMORAL and maybe ILLEGAL playing of this old recording.

Oooh yep, also great ones. I'll add those to my iTunes want-list. Tight, precise baselines, unmistakable vocals, period-correct guitar pyrotechnics. Great stuff.

Todd, here you go with the copyright thing again.

Where is the commercial intent? Why wouldn't use of the song to make a political statement be considered "fair use?" Likening Sarah Palin to a "barracuda" is a political statement, isn't it?

What is REALLY happening is that the copyright holder is trying to make a political statement by objecting to the unlicensed use of the material. Jackson Browne and the Heart people depicted above don't like their songs being used by the RNC because of their POLITICS, not becuase they are champions of intellectual property rights.

I didn't see Bono objecting to your buddy Obama's coming on stage to "City of Blinding Lights"-- I guess the DNC gets a pass when it comes to enforcement? Or shall we consider that U2 song to be in the public domain because Island/Interscope has failed to sue the DNC?

Whatever, if it were me I wouldn't give them the airtime. Here's a fun Wikipedia entry on campaign songs: http://en.wikipedia.org/wiki/Campaign_song -maybe in 2012 people should commission their own artists to write original music, now THAT would be supporting creativity!

Well??? Where's the MORAL OUTRAGE?

Yep, ASCAP, they send people out to bars & clubs to count songs that bands play then send the bar or club (if they aren't already paying) a over inflated bill. Funny thing is, most big venues are members, so it may just be a lack of current talent fit.

Has the McCain campaign mentioned "fair use" as a defense?

Either the DNC got the rights to the song or Bono doesn't care.

And you know that the only way that copyright essentially exists is for holders to protect their mark.

Is it political? Of course. Art is political. But there also are laws about this sort of stuff. As for the "commercial intent", you don't think there is $$$ at stake here? Also the Lanham Act doesn't require a financial stake if I understand it correctly.

The Star Spangled Banner thing is bad as well, but not unexpected. The Chinese have an "interesting" take on copyright.

No publicity is bad publicity. Granted, what the RNC did was wrong. One just has to wonder if they would have raised a stink if it was the DNC.

I went to grade school, junior high school, and high school with the younger of the two (forget which one; geez that was a long time ago...). Weird chick. No friends; sat and played the guitar and hardly went to class. I used to watch them at a place called Waldo's when I was too young to legally get in, before they made it big. They always put on a great show. Lots of fun.

I remember when Nancy's house slid down an embankment during some particularly heavy rains, and landed in Lake Washington (same 'hood as where Cobain de-brained). The big joke was that Ann must have been running down the hall or something...

Don't be surprised if you read another news story about John Fogerty whining and/or suing because they used his "Centerfield" without permission. He has decidedly liberal political views.

I forget what night... might have been Wed. night when Palin made her speech.