oohhh, barracuda
 

Maybe they should stick with public domain tunes. How about "Pop Goes the Weasel"?

http://www.monstersandcritics.com/people/news/article_1429073.php/Barracuda!_Hearts_Ann_and_Nancy_Wilsons_Palin_ceas e_and_desist

To the strains of the classic rock "Barracuda", the RNC closed its show last night.
Now the song's authors, Heart's Ann and Nancy Wilson, are making sure their song is not associated with the Alaskan Governor turned vice presidential pick.

Heart sent a cease-and-desist notice to the McCain-Palin campaign Thursday afternoon after their hit "Barracuda" was used twice without permission as the anthem for the vice presidential candidate after her nomination acceptance speech at the Republican National Convention.
Gov. Sarah Palin's nickname was "Barracuda" on her basketball team in high school.

The GOP campaign officials did not get permission from Heart, Universal Music Publishing or Sony BMG.
"We have asked the Republican campaign publicly not to use our music," the Heart duo said in a statement. "We hope our wishes will be honored."
The Wilsons added that permission to use the song was never requested.

The Wilsons issued a statement to Entertainment Weekly.
"I think it's completely unfair to be so misrepresented," Nancy Wilson told the magazine Thursday night. "I feel completely f--ked over."
Her reaction was followed up by an email sent by her and Ann to EW.

"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...[It] was written in the late '70s as a scathing rant against the soulless, corporate nature of the music business, particularly for women...There's irony in Republican strategists' choice to make use of it there."

I've often wondered about this. Can they actually prevent you from using it if you pay royalties or whatever?

I mean isn't this material "for sale"?

Good catch! I noticed the same. I knew something was strange about Heart playing during the convention. I wondered, Are Anne and Nancy Republicans?:D

Problem is, the RNC didn't buy it. Nor ask permission to use it.

It's not a harmless mistake - especially not to the artists.

I understand that part and if this system is set up to charge for this kind of use then fine but my point is that I don't see how you can deny your product to a certain part of society if it's for sale.

hmmm. . .

I thought I heard this at the end of Barrracks...

<object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/H3sylfkPSXM&hl=en&fs=1"></param><param name="allowFullScreen" value="true"></param><embed src="http://www.youtube.com/v/H3sylfkPSXM&hl=en&fs=1" type="application/x-shockwave-flash" allowfullscreen="true" width="425" height="344"></embed></object>

Give me a break - I'll send Palin my copy that I bought - They should be more worried about Ipod downloads - as Les said - they were so far off the radar they should be greatfull for anybody that plays their tunes.

Springsteen did the same with Reagan on Born in the USA.

Funny about Heart. They were so off the radar screen before this this should perk up some sales for them.

You'd have to consult a music attorney for the details, but from how I understand it, the music is for sale for private use, and not for use to represent a person or group of people. The RNC was a convention, which = a group of people, and that music, because it played there, identified itself with them, which it was never intended to do. I would think this is more pronounced if the artists are Democrats, but the music is played at a Republican convention.

Whose campaign was it that had Fleetwood Mac ("Don't Stop") playing in the b.g.? Clinton's? I'm sure, though both agree on party principles, that Clinton (or whomever) paid for Fleetwood Mac's music.

It depends on how it is used and who has the rights. There are limits that routinely get trampled on, especially in the digital age. But this is the 3rd time that the McCain campaign has gotten in hot water (Jackson Browne and Van Halen being the other two that complained). You'd think they'd get a clue...

Easy...it's the law

http://en.wikipedia.org/wiki/Copyright

and

http://en.wikipedia.org/wiki/Lanham_Act

Jackson Browne? Who used to be with Darryl Hannah? Oh, man! :D

I think Bush got in trouble with Springsteen in 2000 as well.

Looks like it boils down to "distribution" vs "consumption". I guess that makes sense.

she felt so F**ked, get real the last time she had that feeling was at Seaworld ,
she feel in..Shamu did a drive-by boink..she squealed like the fat pig she is.

Rika

China didn't ask for permission nor pay to use the arrangement of the "Star Spangled Banner" that was used in the medal ceremonies.

http://www.washingtonpost.com/wp-dyn/content/article/2008/08/21/AR2008082103668.html

No surprise the Dead was used for the Dem's...

I

For those of us in creative/content fields, it is actually pretty disturbing that this sort of thing happens *repeatedly* in the POTUS campaign. You'd think that would be high profile enough for them to actually pay attention. It's morally and legally wrong. Slippery slope and all that...

Jealous Skanks who never were any good
http://www.heartlinker.eu/images/weblog/80546921.jpg

Nancy is the thin one, Ann is the fat one.

Either way, I think it's a bit of an over reaction. But hey, any publicity is good publicity right? Wonder what the sales of that single are in the last 24 hours on iTunes...

How many hit songs have you written and/or performed?

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.