Heart Demanding McCain Campaign Stop Using Its Song

from the not-much-leverage dept

Last month it was singer Jackson Browne suing the McCain campaign for using his song in a commercial. As we noted at the time, since it was used in a commercial, it was most likely infringing, but if McCain wanted to use it at an event, he could as long as he paid the proper performance licensing fees. So, now we have another situation where exactly that scenario has happened. At the Republican National Convention earlier this week, the speakers played the Heart song “Barracuda” for VP candidate Sarah Palin (who apparently went by the nickname “Sarah Barracuda”). This is perfectly legal, assuming that the RNC has paid the required performance license, and there’s no reason to think they didn’t, given how much music was used at the convention.

But, that’s apparently not good enough for the band, who complained and had its label, Sony BMG, and its publisher Universal Music Publishing send cease-and-desist letters to the campaign. On what legal basis? They don’t seem to have an answer for that. The whole thing is kind of silly. There’s almost certainly no legal leg to stand on here, but it’s surprising that the RNC wouldn’t check first, given how others, like Browne, have reacted and the fact that the press would almost certainly cover the story (as they are). So, while there may be no legal basis for the complaints, it still is surprising that the RNC and/or the McCain/Palin campaign wouldn’t bother to first check with the band to see if the members would be upset about the usage.

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Comments on “Heart Demanding McCain Campaign Stop Using Its Song”

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112 Comments
Hulser says:

I wonder if Heart would have received the same level of attention from the press, if they had just issued a press release which described their displeasure over the use of the song. Personally, I think they would have looked much better if they came out and admitted that they couldn’t do anything legally to prevent the RNC from using the song, but that they would have preferred it didn’t.

Yankee Infidel says:

a non-answer can only lead to the most likely answer

Without an answer as to why the band Heart wanted to force the McCain campaign to stop using its “Barracuda” song, it can most likely be attributed that they simply do not agree with the politics of McCain/Palin.

Unfortunately for Heart, they have no say in who listens to their music nor plays it in a public even so long as the purveyor pays the performance license. If the band Heart honestly thinks that the McCain campaign playing one of their songs is tacit support for the campaign, then they need to lay down the crack pipe for a minute and join the rest of us back in reality.

Nasch says:

Re: a non-answer can only lead to the most likely answer

1) Some people probably think that all the music was used with explicit permission, and why would a band give permission unless they approve of the use? 2) They may not even want their music associated with the campaign, even if everyone knew there wasn’t an endorsement. If I were a musician (I mean, a recording artist… I am a musician), I wouldn’t be happy about my music being used by a campaign I opposed. This isn’t how I would deal with it, though.

Anonymous Coward says:

Re: Re: a non-answer can only lead to the most likely answer

So do you think they want 1,000’s of bars across the country to get their approval for use? That’s the deal they have, take it or leave it. Or lets create MORE stupid ass laws that say no to this situation and yes to that situation or maybe it’s a judgment call in another situation. Everyone seems to want shades of gray so that they can pick and choose how their situation comes out.

Honestly I could care less who supports what candidate and honestly I’d rather not know since it’s their job to entertain me. I don’t look to them for my political or social advice.

Anonymous Coward says:

Re: a non-answer can only lead to the most likely answer

I’m fine with never hearing another one of their songs again much less the complete garbage they released in the 80s.

They should be happy that they’re getting more than a few plays a day on a classic rock station and getting some publicity for the first time in 20 or more years. Screw the fat bitch.

Italian Revolutionary says:

Re: Re: Anonymous Coward's music review

A.C.

Since this site doesn’t support photos, I can only assume two things: you’re either a stud muffin or a complete, unreconstructed, absolutely narcissistic, rectal sphincter. Whatever function you find satisfied by the unctuous “fat bitch” is remarkable only in its ability to further confirm that you need a six foot sigmoidoscope. That will keep you from having to hold your breath for so long. No one here disses “Tiffany;” so you know that we respect you.

All my love,
IR

Anonymous Coward says:

Re: Re: Re: a non-answer can only lead to the most likely answer

Don’t insult me by calling me a Republican or Democrat, I think for myself and choose not to be herded like cattle. Try it sometime, you may like it.

I just get tired of hearing these celebrities thinking the world revolves around them and laws should bend and flex for them.

Fishhawk says:

Re: Re: a non-answer can only lead to the most likely answer

I totally agree, I never liked their music and never will. It amazes me how all the entertainers (singers and movie stars)are mostly democrat or liberal and totally against anyone who is republican. What is it actually that the democratic party does for them. Screw the fat bitch and Bruce Springsteen and Jackson Browne.

Fishhawk

Sierra Night Tide says:

song use

If a band does not support or believe in the McCain / Palin beliefs and have no plans to vote for them I can see why they would not want their songs used. Using the songs could make the false belief that Heart supports this person… when in fact they do not.

Just because a fee can be paid to use a song does not they can use it whenever they want. A band and artist should have the right to “refuse service.”

Hulser says:

Re: song use

Just because a fee can be paid to use a song does not they can use it whenever they want. A band and artist should have the right to “refuse service.”

Actually, it does mean they can use it whenever they want. You may believe that a band or artist should have the right to control how their song is used, but that’s not how it works given the current rules/laws. If Heart wanted a right to “refuse service”, they should have come up with their own licensing model which had this right instead of going with one that didn’t.

A Nonny Moose says:

Re: song use

I am quite certain that the Beatles did not intend, endorse or authorize the Manson family to use “Helter Skelter” as their rally cry.

Whatever you think about McCain/Palin, I do believe there is little recourse for Heart on the use of their song (assuming royalties were paid appropriately) in this matter. However, if they can tie the link to the Republicans for increased interest and downloading (from p2p networks) rather than purchases of authorized recordings, I do wonder… and tremble at the prospect.

knghtd1 says:

Re: song use

Sierra Night Trade. How wrong are you here?

If you pay someone a fee to use a song and you use the song, no one can say to you, “do not use that song for whatever you just paid to use the song for.”

And besides, anyone who is dense enough to think that the use of any song played at an political convention means automatic artist support for whichever party, needs to have their head examined. Unless of course it is a live performance, then of course we wouldn’t be having this stupid argument.

snowburn14 says:

Re: Re: song use

“And besides, anyone who is dense enough to think that the use of any song played at an political convention means automatic artist support for whichever party, needs to have their head examined.”
While I agree with this statement, I have to ask…have you met the average voter lately? Most of them DO need to have their heads examined. Just look at the people they elect year after year, from either party. Neither side has had a candidate we could all be proud to have represent us in quite some time.

Dan says:

Re: song use

I can see where “refusing service” after the fact as you suggest would lead to all sorts of ambiguity, more so that the ambiguity of Heart’s choice for president. “We sold you a license, but we didn’t really mean it…..” That’s plain unreasonable.

If Heart wants to pick and choose, they should have refused giving the license in the first place, not after the fact just because they don’t happen to like McCain. If they can’t or don’t monitor every license as they sell them, that’s their tough luck.

Anonymous Coward says:

Re: Re: song use

are you serious?

Not going into the details of Heart etc, just your comment…

it would be hilarious if it wasn’t so sad. Heart didn’t have a say in the matter of refusing the license, what the hell are you on?
It’s a 1 stop shopping performance license, you pay it for an event (or whatever) and you can play anything you want. You don’t have to submit a playlist in advance and any particular individual performer or band does not get the choice to award or refuse the license.

If they can’t or don’t monitor every license as they sell them, that’s their tough luck.

just like if you can’t or don’t grasp reality in every aspect as you spout your comments on a particular topic, it’s your tough luck?

unfortunately it doesn’t work like that in your case…I still had to read your post and could feel some of braincells committing suicide just by being exposed to such…….stupidness

CVPunk says:

Band's perspective...

While I am sure everyone can see there is no ‘legal’ way to stop them if they paid the licensing fee, I think it is more the band’s just not wanting themselves or their music associated with the Republican campaign. Same thing happened back in the 80’s when Reagan used Bruce Springsteen’s ‘Born in the USA’. He did not support Reagan and did not want his music being used. Same goes for Jackson Browne.
I guess what I am saying is that, I think in these cases it is more than just a copyright issue, and more of an emotional one.

Anonymous Coward says:

Re: Re: Re:

I watched to be informed on a) who the hell she was and what qualifications she might possibly have for consideration, and b) what damage to truth I would have to undo at the office and other social circles in the coming months. In short, I watched for reasons which wholly agree that she is an abysmal choice for dogcatcher in her little town of 6,000, let alone Vice President of the United States of America.

Now, I return you back to your ill-conceived and presumptive tantrum based on how you think “viewership facts” should be interpreted.

Todd (profile) says:

Why check with the band

I’m not sure why you would expect the RNC to first check that the band was OK with them using the song. The band made their millions off of it now they have to deal with it. I would not expect the RNC (or anyone for that matter) to verify with every ‘supplier’ that they can use their products during the convention. As long as it is legal, they must honor the terms of the copyright, it goes both ways.

I agree with the above poster, Heart would have been better off dealing with this in another fashion, they now look kind of foolish.

knghtd1 says:

Re: Re:

Well, the good news is you can, you can be a musician, and not release licenses to anything that you don’t specify, so long as you own the exclusive right to your music, and you also own the production rights, distribution rights, and if you owned all of that, you would understand that somewhere along the line you have to make money. Although, despite popular belief, I don’t think people are now saying. I am not going to listen to Heart because they were played at the RNC, they say I don’t listen to heart, because it makes my ears hurt.

Anonymous Coward says:

“So, while there may be no legal basis for the complaints, it still is surprising that the RNC and/or the McCain/Palin campaign wouldn’t bother to first check with the band to see if the members would be upset about the usage.”

….actually, its not surprising at all. Why should they? The article states the McCain campaign contacted the appropriate parties and paid the fee’s required to play the song. If the band is not the copyright owner, why should the RNC even care if the band agrees with them or not? If they wanted an endorsement they would have to contact the band — but that wasn’t the purpose of using the song. This again is filed in the “Just because you don’t like it, doesn’t make it illegal” category.

Matt says:

Speculation

Everyone seems to be assuming that the RNC paid the proper licensing fees. I wouldn’t be so quick to jump to that conclusion. Last night, they showed a picture of Walter Reed behind McCain. Unfortunately for the googler, it wasn’t Walter Reed Medical Center — it was Walter Reed Middle School in Hollywood.

So, with these guys, don’t make any assumptions.

Erv Server (profile) says:

Heart

I’m tired of artists complaining about who plays their song, as long the proper fees were paid. They complain when people share their music without paying, then when people do pay and play their music they still complain. If they don’t want people to enjoy their music and make a few bucks at the same time why are they in the business???

Arista says:

Re: Heart

Because this is politics! This is not a simple playing of music for fun/enjoyment. There are principles involved here! -and respect, and decency towards the creators of the great music. If one of my songs was used by a candidate I did not support I would be totally enraged. It is just plain ignorant and at the least impolite, to use someone’s music without asking first. I am not surprised though… typical of the Republican mentality. Disrespectful and so majorly out of touch with reality. If you don’t know what common decency is, ask a Democrat!

Anonymous Coward says:

I know the patent holder for the microphone, and I want both parties to desist using microphones at their events. By using them someone may unfortunatley think I agree with their politics.

The fact that this argument happens is riduculous. Things need to change. OMG someone had a radio on playing my song in a company/office/retail I think is evil we must BAN IT.

Too many lawyers.

Dirk Belligerent (profile) says:

Re: Spot the angry liberal...

Liberals like you are so up your own arseholes spitting crap like “republitards” that you don’t realize how ignorant you sound.

FACT: Sarah Palin’s nickname in high school was “Sarah Barracuda”.

FACT: Palin is such a big Van Halen fan that her youngest son is named Trig Van Palin. (Get it, idiot? Van Palin rhymes with Van Halen.) That’s why they played “Right Now” at her announcement rally.

FACT: You have no idea what you’re talking about and you’re so politically bigoted that you’re embarrassing yourself.

As for Heart’s whining and crying, GET OVER YOURSELVES!!! Do you think Chrissie Hynde is happy that Rush Limbaugh uses “My City Was Gone” as his theme song, but obviously she can’t stop it – just as Heart has no legal leg to stand on – and I’m pretty sure she’s cashing the royalty checks that come from 15 performances a week on over 600 radio stations.

Bill says:

Heart is a fluddering

Heads up! If the RNC paid for the rights to play the song at the convention I have no problem – Heart is in the wrong the RNC or anybody who pays the fees as set by Sony and Hart have no rights as if they should be contacted to see if Heart would object. If they object then remove the fees and do not offer it to the public or other corporations to be played. Hear You can’t have it both ways.

Alabama Black Snake says:

Chicka-Wow-Wow

I’m voting Democrat because I believe the government will do a better job of spending the money I earn than I would.

I’m voting Democrat because freedom of speech is fine as long as nobody is offended by it.

I’m voting Democrat because when we pull out of Iraq I trust that the bad guys will stop what they’re doing because they now think we’re good people.

I’m voting Democrat because I believe that people who can’t tell us if it will rain on Friday CAN tell us that the polar ice caps will melt away in ten years if I don’t start driving a Prius.

I’m voting Democrat because I’m not concerned about the slaughter of millions of babies so long as we keep all death row inmates alive.

I’m voting Democrat because I believe that business should not be allowed to make profits for themselves. They need to break even and give the rest away to the government for redistribution as THEY see fit.

I’m voting Democrat because I believe three or four pointy headed elitist liberals need to rewrite the Constitution every few days to suit some fringe kooks who would NEVER get their agendas past the voters.

I’m voting Democrat because I believe that when the terrorists don’t have to hide from us over there, when they come over here I don’t want to have any guns in the house to fight them off with.

I’m voting Democrat because I love the fact that I can now marry whatever I want. I’ve decided to marry my horse.

I’m voting Democrat because I believe oil companies’ profits of 4% on a gallon of gas are obscene but the government taxing the same gallon of gas at 15% isn’t.

LOL says:

Re: Chicka-Wow-Wow - Your comments need to repeated

I’m voting Democrat because I believe the government will do a better job of spending the money I earn than I would.

I’m voting Democrat because freedom of speech is fine as long as nobody is offended by it.

I’m voting Democrat because when we pull out of Iraq I trust that the bad guys will stop what they’re doing because they now think we’re good people.

I’m voting Democrat because I believe that people who can’t tell us if it will rain on Friday CAN tell us that the polar ice caps will melt away in ten years if I don’t start driving a Prius.

I’m voting Democrat because I’m not concerned about the slaughter of millions of babies so long as we keep all death row inmates alive.

I’m voting Democrat because I believe that business should not be allowed to make profits for themselves. They need to break even and give the rest away to the government for redistribution as THEY see fit.

I’m voting Democrat because I believe three or four pointy headed elitist liberals need to rewrite the Constitution every few days to suit some fringe kooks who would NEVER get their agendas past the voters.

I’m voting Democrat because I believe that when the terrorists don’t have to hide from us over there, when they come over here I don’t want to have any guns in the house to fight them off with.

I’m voting Democrat because I love the fact that I can now marry whatever I want. I’ve decided to marry my horse.

I’m voting Democrat because I believe oil companies’ profits of 4% on a gallon of gas are obscene but the government taxing the same gallon of gas at 15% isn’t.

CVPunk says:

Re: Re: Chicka-Wow-Wow

yes, you are right, how dare women actually decide what they can do with their bodies, how dare gays, lesbians, and transies have the same rights as others.
You and the rest of the right-wing neo-cons are a joke.
and another thing, where’s this so-called “freedom of speech” for the people being preemptively arrested prior to the DNC??
Take your flag and shove it up your a$$.

Florida Cracker on a Fixed Income says:

Chicka-Boom-Boom

I’m voting Republican because I believe that the only way to shrink government is by putting total incompents in charge who can’t even turn on CNN to see where the hurricane victims are that they’re supposed to be helping.

I’m voting Republican because things I think are “indecent” should be illegal.

I’m voting Republican because I think that the best way to get back at a Saudi Arabian national living in Afganistan is to occupy an Iraq that had no connection to 9/11 and no means (including WMD) to attack us.

I’m voting Republican because when scientific facts conflicts with my beliefs, those facts are wrong.

I’m voting Republican because, although I care a great deal about the unborn, I don’t give a crap what happens to them once they’re out of the womb.

I’m voting Republican because I believe in corpoate welfare and no-compete contracts.

I’m voting Republican because I believe that, if you didn’t do anything wrong, you have nothing to hide.

I’m voting Republican because I believe that anyone, including the criminally insane, should be able to get hold of as many guns as they feel like whenever they feel like it.

I’m voting Republican because I think that shotgun weddings are the only choice for pregnant women, and that people who aren’t like me shouldn’t be allowed to have the same rights as I do.

I’m voting Republican because I hope that one day I’ll be rich too, and then I’ll be the one who gets to screw the little people.

Chicago Area Conservative says:

Re: Chicka-Boom-Boom

“I’m voting Republican because I believe that the only way to shrink government is by putting total incompents in charge who can’t even turn on CNN to see where the hurricane victims are that they’re supposed to be helping.”
– Does anyone understand how government works? Which party has been in charge of both the House and Senate the past few years? They are the ones running the government – not the President. All the President can do is be the Commander In Chief, Elect Chief Justices and talk to foreign officials.

“I’m voting Republican because things I think are “indecent” should be illegal.”
– You mean like my children being able to pray in school when they feel like it without being chastised or ridiculed? You mean like not having to be subjected to having a child molester live in my neighborhood. You mean like not having “MY Taxes” go to fund abortions, passing out condomns in class?

“I’m voting Republican because I think that the best way to get back at a Saudi Arabian national living in Afganistan is to occupy an Iraq that had no connection to 9/11 and no means (including WMD) to attack us.”
– Funny how no one condemns the British for having the same intelligence that our government had at the time. Funny how the intelligence agency’s can get bad information when their programs are always getting cut by the Dem’s.

“I’m voting Republican because when scientific facts conflicts with my beliefs, those facts are wrong.”
– Which scientific facts are you referring to. Scientists can’t even agree on all the data. What makes people think that whatever we are doing here, mother earth doesn’t compensate for. Why did the dinasaours die off? Was there global cooling going on when half of the continent of the US was covered by ice?

“I’m voting Republican because, although I care a great deal about the unborn, I don’t give a crap what happens to them once they’re out of the womb.”
– Where does this comment even have any substance. The State of IL has plenty of babies born to people in poverty because their welfare checks go up.

“I’m voting Republican because I believe in corpoate welfare and no-compete contracts.”
– As opposed to government welfare where all of my hard earned dollars are redistributed to people who then go out and buy better cars then I drive. Where people on welfare can apply and get aid – but I have to get drug tested to get and hold down a job.

“I’m voting Republican because I believe that, if you didn’t do anything wrong, you have nothing to hide.”
– And this is wrong how?

“I’m voting Republican because I believe that anyone, including the criminally insane, should be able to get hold of as many guns as they feel like whenever they feel like it.”
– As opposed to me having to fill out id cards and having to go through background checks and take 2 weeks before I can own a gun legitimately.

“I’m voting Republican because I think that shotgun weddings are the only choice for pregnant women, and that people who aren’t like me shouldn’t be allowed to have the same rights as I do.”
– Really. You mean adoption isn’t an option? How many people in this world want babies and have to pay un-godly amounts of money to try and have one. You can have the same rights but not call it marriage.

“I’m voting Republican because I hope that one day I’ll be rich too, and then I’ll be the one who gets to screw the little people.”
– I do hope to become rich one day. However that won’t happen if I vote Democrat. Takiing more and more of my money to give it away to others won’t help me to get better and will just kill any drive or ambition one can have. Which looks like has happened to you already.

mobiGeek says:

Re: Re: Chicka-Boom-Boom

“I’m voting Republican because I believe that, if you didn’t do anything wrong, you have nothing to hide.”
– And this is wrong how?

Because how do you know that you aren’t doing something wrong in their eyes?

Who’s book are you going by? Do you know that they are going by the same book? Do you know that they have the same definitions for the same words?

Italian Revolutionary says:

Re: Re: Chicka-Boom-Boom

“Does anyone understand how government works? Which party has been in charge of both the House and Senate the past few years? They are the ones running the government – not the President. All the President can do is be the Commander In Chief, Elect Chief Justices and talk to foreign officials.”

Don’t forget the 12 vetoes, the 150+ presidential signing statements, pardoning of Scoot Libby, refusal to release list of people on Cheney’s secret energy panel, position that any executive branch employee is exempt from congressional or justice department subpoenas, the fantastic planning, execution and resolution of the Afghani and Iraqi wars, the Patriot Act, Guantanamo, rendition, FISA, Katrina, “Mission Accomplished, etc. etc.

IMHO, you are selectively forgetting “powers” that our Chief Executive has made use of throughout his term. In addition, the government has been close to 50/50 for a number of years and before that, it was predominately Republican. Lastly, the idea that the Congress is to blame for all the ills of the US is a remarkably infantile redaction of a basic understanding of political science. As rhetoric your argument sucks, too.

IR

Sublime says:

Re: Chicka-Boom-Boom

I’m voting Republican because I believe that the only way to shrink government is by putting total incompents in charge who can’t even turn on CNN to see where the hurricane victims are that they’re supposed to be helping…

News Flash, Bush had to ask Buto 3 times to declare state of emergency. He called twice before Katrina even arrived and was told they were prepared. If the democratic governor and mayor “chocolate city” Nagin weren’t so incompetent, the Feds wouldn’t have even had to get involved. Who would have known NOLA would have been so ill prepared.

I’m voting Republican because things I think are “indecent” should be illegal…

What do you define as indecent? I am Republican and think medical use marijuana and prostitution should be legal. If you are referring to the religious right of our party, then they may have a little less tolerance than I would. The GOP is a think tank. We have from moderates to complete conservatives and we welcome all lines of thinking unlike the democRATs that eat thier own as with Lieberman who votes 90% liberal but for one issue was run out.

I’m voting Republican because I think that the best way to get back at a Saudi Arabian national living in Afganistan is to occupy an Iraq that had no connection to 9/11 and no means (including WMD) to attack us…

Iraq violated 12 years of sanctions 17 times. Upon the first violation we had the legal authority as per treaties to remove him from power. He bombed his own citizens killing 300,000 with chemicals, he had rape and torture rooms. They would tie a man down and force him to watch as they raped his wife and killed his kids. You liberals always beat your drum about human rights, but when an entire country is liberated from an evil dictator and blessed with the same liberties you are, you scream and cry about breaking a few eggs to make an omlette. You talk about human rights, we deliver them. True, the administration advertised it as WMD’s which was actually the third reason on the declaration of was, but it needed to be done out of humanity. Besides, your Gods the rapist Clinton, Al “lying to your face so you patronize his carbon offset company” Gore, and all the other marxists even thought and said Iraq had WMD’s. So I guess the world was wrong.

I’m voting Republican because when scientific facts conflicts with my beliefs, those facts are wrong…

What are you refering to? Stem cell research or creation? Embryonic stem cell research has not proven to yield anymore or any less medical advancements as other types of stem cell research, so why even bother with creation at least until developing the other forms of stem cell results prove more effecient. If you are talking creation versus evolution, I am agnostic and not totally subscribed these theories. I suppose maybe both might be correct. Again, the republiCAN party is a think tank and my beliefs are welcome.

I’m voting Republican because, although I care a great deal about the unborn, I don’t give a crap what happens to them once they’re out of the womb…
It’s easy, if you can’t work because of a medical condition of yourself or for helping a family member with a condition, then you get all the help you need. If you are between jobs but actively looking, you get all the help you need. If you are a lazy ass taking advantage of democRATic dependency programs, then get your ass to work and find a job with benefits.

I’m voting Republican because I believe in corpoate welfare and no-compete contracts…

CAPITALISM is good. If companies do well, they hire more people and pay people more and offer them more benefits. These companies and people spend more thus openeing the need for more companies and more people to work. These people have more disposable income and donate more to charities thus saving other people without having a nanny state. The companies compete and then make goods and services better and cheaper thus making the economic circle grow. I don’t know what you’re talking about. If it’s a reference to oil, then Clinton is the one who passed green legitlation banning competetive drilling and new refinery building which as we have seen recently, has made us dependant on OPEC.

I’m voting Republican because I believe that, if you didn’t do anything wrong, you have nothing to hide…

A reference to the Patriot Act??? I don’t know you libs are always vague. If so, if you aren’t talking to terrorist over seas, then you don’t have to worry. Are you a terrorist?

I’m voting Republican because I believe that anyone, including the criminally insane, should be able to get hold of as many guns as they feel like whenever they feel like it…

A blanket false statement. Republicans do believe in the right to have firearms and in some cases, even the right to conceal them. We do believe in backround checks and stop the fire power at semi automatic. I have no idea where you are getting your facts and opinions from.

I’m voting Republican because I think that shotgun weddings are the only choice for pregnant women, and that people who aren’t like me shouldn’t be allowed to have the same rights as I do…

I know I am being redundant. As mentioned our party has several groups in it, all are welcome with a voice. Yes, the religious right and some of the conservatives are pro-life. Some of the moderates and what you label as neo-cons are pro choice. In my case abortion is not the first answer. With that said and being a republiCAN I do believe a womans right to her own body superceeds goverment stepping in and telling me what’s right and wrong. Besides, Roe V. Wade will never get entirely over turned so this conversation is moot.

I’m voting Republican because I hope that one day I’ll be rich too, and then I’ll be the one who gets to screw the little people…

The democratic party is made up of the Kennedy’s, the John Kerry’s and Edwards. Obama himself has found a way to make $4 million a year on a Senators salary while his wife has a $300K per year gig. How did he manage that? Maybe that requires some research. Anyway, almost all politicians are rich and your damn marxist party is being funded by billionaire George Soros and all these sorry ass celeberties that have been rich since they were kids and making money from playing dress up. and make believe without working and honest day in thier pathetic little lives. To seem more important, they want to save the world to compensate for their own guilt and take more of my money and redistribute it to the lazy. F-U and F-them.

Anonymous Coward says:

Re: Re: Moral rights?

Except for a very limited exception under The Visual Artists Rights Act of 1990 (VARA), 17 U.S.C. § 106A (which basically applies to a narrowly defined class of “artsy stuff” like sculptures, paintings, etc.), moral rights are not a fixture in US copyright law. Moreover, this limited exception has been interpreted quite narrowly by our courts.

BTW, VARA only came about because when the US signed on to the Berne Convention (103 years after it was enacted) it did have to give some form of recognition to those few countries that embraced the concept in their laws.

Russ (Portland Oregon) (user link) says:

I thought being a liberal meant being a liberal?

Talk about getting your panties in a bunch espeically since it’s legal. I have a McCain Sticker on my Truck and liberals/democrats (Even my Brother treat me like @#$@#$ for having it. I thought liberals believe in getting along and freedom of speach? Apparently if you are Republican, that doesn’t apply! What next? Band hears a song at Wall Mart they don’t like it and sue the Sue Wall Mart? (Might as well every other Idiot is sueing Wall Mart)

Jeffry Houser (profile) says:

One Correction

“if McCain wanted to use [a song] at an event, he could as long as he paid the proper performance licensing fees”

Actually, it is the venue that is required to pay performance licenses, not the people renting out the venue. So, in this case “Xcel Energy Center” would have had to pay, not the RNC or McCain.

I would assume that the venue has some outstanding contract with all the relevant licensing companies to pay some flat fee. The licensing companies use some random sampling of all venues to figure out who gets paid for song use. At least that is the way it used to work.

If I understand correctly, the the venue contracts take into account live performance. So, if my cover band plays Van Halen’s “Ain’t Talkin’ ‘Bout Love” in a dive bar, in theory the venue is paying performance royalties and the song writers (Van Halen) get kickbacks.
If Van Hagar plays the same song in a huge stadium, then David Lee Roth is still getting songwriting kickbacks, since he is a co-writer of the song.

Did I miss my point somewhere?

Anonymous Coward says:

CHICKA CHICKA CLICKA

Isn’t in hilarious to see Republitards and Democraps going at each other like the brainwashed zombies their parties want them to be? Isn’t it funny how in this age of instantaneous information exchange people still pay attention to the political parties? Why do we need the political parties anymore, other than for fund raising. Oh, that’s right legacy party ZOMBIES who vote for a candidate based on which party they associate with rather than their positions on issues. Frankly there have been great presidents from both parties and there have been dogs from both parties, I think it’s time for the American people to tell both parties that we don’t need them anymore. And as for Heart, cry me a river ladies, oh chit now I’m going to get sued by Justin Timberlake, F#CK!

Moderation (profile) says:

If a band does not support or believe in the McCain / Palin beliefs and have no plans to vote for them I can see why they would not want their songs used. Using the songs could make the false belief that Heart supports this person… when in fact they do not.

Uhm, no, I think you’re incorrect. Bill Gates can’t call up the RNC and decide he doesn’t want them using his software after they paid for it.

Heart produced a product, and once sold, they have very limited rights as to how its used.

Anonymous Coward says:

Republicans sure do hide a lot of stuff……mainly their hands in their male pages crotches.

There are three reasons I’m voting Republican.

First, I LOVE the fact that republicans advocate torture now!

Second, they give oil companies an 18 BILLION dollar tax break!

The MAIN reason though is that Diebold will change my vote to McCain for me.

Bored to tears says:

I just wasted 10 minutes of my life reading this....

Said to see both sides quote from the party cue cards. Think for yourselves and research the record of our candidates, then make a decision. Repeating tired generalisms, is no different than sterotying. Sterotypes are for the ignorant and uninformed.

Do your homework! And by the way if anyone finds Obama’s record somewhere let me know. I cannot find any record of a decision he has made whilst in office. Well except to get rid of Hillary, which was brilliant.

Still bored to tears.... says:

Shoot me.

And I said I was not going to read this anymore…stupid me.

Heart knows full well that they cannot deny the RNC use of the song. That is the price they pay for the money they make in licensing fees. Heart is simply trying to drum up some publicity for themselves. Sounds like the Dixie Chicks now doesn’t it.

Riddle me this this! If the demos (and Heart apparently) are socially progressive (meaning: non-exclusionary) then how do they justify selective retro-active refusal of licensing of their music based on political preference. Hmmmm. Maybe it is because Sarah Palin is a woman, and hot to boot.

For shame!

RobD says:

by Chicago Area Conservative

“I’m voting Republican because I believe that, if you didn’t do anything wrong, you have nothing to hide.”
– And this is wrong how?

Great! I want your SSN, your home address, your full legal name, the names of your family and dependents, how much you make and where you work, your telephone number and any and all other personal information about you. This information will be posted on all public and private websites that I can find. You have nothing to hide, so you have no reason to refuse sharing this information publicly. Put your money where your mouth is. When you refuse, and you will, please enlighten us as to how you can be a complete hypocrite and still expect to be taken seriously. Thank you.

John (profile) says:

Heart?

Heart is still around? I didn’t even know they were still together.

I’m kidding. 🙂
They seems to be doing okay for themselves. They’ve been playing at Universal Studios’ Mardi Gras event for the past few years. I even saw them back in 2006.

But, I’m sure that filing a complaint or lawsuit against the Republican party gets a lot more attention than a concert booking at Universal Studios.

Anonymous Coward says:

Ok...Sublime

“it’s easy, if you can’t work because of a medical condition of yourself or for helping a family member with a condition, then you get all the help you need.”

I’ll just point out this one “fact” as you call it.

My sister teaches kids with serious medical/mental problems and if you think they are getting the care they need or deserve you are seriously deluding yourself.

Do you know what schools do when they get a student who has mental problems they can not deal with? They keep the student because the school will have to pay the other institution for all costs associated with the treatment of the child that needs help. It saves them money but destroys the life of a child who could have been helped.

How could ANY school besides one located in a rich suburban area afford to do this with Bush’s wondrous No Child Left Behind policy? You know….the one that cuts funding to the schools that need it the most. The one that encourages schools to pass a student on to the next grade regardless of their academic skills because if they don’t they get a cut in funding.

The truly funny part is that Republicans then say “well, we don’t have enough educated people in our country, we HAVE to outsource to other countries”

I wont even get started on HMO and insurance companies that MURDER people for profit.

Anonymous Coward says:

Re: Ok...Sublime

Every parent of a “special needs” student should be apprised of the Individuals with Disabilities Education Act (IDEA) and provided with guidance such as contained at http://www.ed.gov/parents/needs/speced/iepguide/index.html.

Some of the problems you allude to are due in part to the lack of notice to parents.

Anonymous Coward says:

"Sarah Barracuda"??

They say that Love is Blind, but this nickname is just too funny! And how appropriate the song is. Since when is being called a “Barracuda” a compliment? Get a clue – IT ISN’T!! Try reading the lyrics, they’re not very flattering. Hey, maybe instead of trying to get the Library to ban books, she should have tried reading a few, eh?

Pinky Floyd says:

The Wilson sisters (AKA: ‘Heart’) better hope McCain doesn’t win the election. You can bet there will be some nasty (completely random of course) encounters with the IRS forthcoming if he does win. (Right along with Mr. Brown getting an audit notice or two as well)

Ice-T said it best “You have no idea of the shit that happens when a President screams out your name in anger” (He was talking about Bush #41 and his executive run in over the song “Cop Killer”)

Derek says:

Everyone has a bias

“it still is surprising that the RNC and/or the McCain/Palin campaign wouldn’t bother to first check with the band to see if the members would be upset about the usage”

Its already been said here, but this statement begs the question “Why?”. Is it normal procedure, after paying the proper fees to use the music, to also contact the members of a band to check their personal feelings about an organization of any kind using their music? Techdirt is an incredible resource, but this kind of remark is dripping with political bias. And yes, everyone has bias. But that was just so obvious. That said, keep up the good work and I’ll continue to read and learn.

Mike (profile) says:

Re: Everyone has a bias

Techdirt is an incredible resource, but this kind of remark is dripping with political bias. And yes, everyone has bias

Huh? What bias would that be? It wasn’t a biased statement, it was merely pointing out the obvious: that if any political campaign decided to use the music of a musician who disagreed with them, that the resulting mess (such as this one) would get a lot of press attention, even if the use was perfectly legal.

My point was that from a pure *PR* perspective, it would make sense to check with the band first.

I don’t see how that shows any bias. Hell, I don’t even know which bias you think it shows.

Derek says:

Re: Re: Everyone has a bias

“it was merely pointing out the obvious: that if any political campaign decided to use the music of a musician who disagreed with them..”

How would they know the musicians disagreed with them unless they went directly to them and checked first? And maybe I’m mistaken, but I didn’t think any organization/campaign was expected to do this. There are fees to pay, but beyond that, is it normal practice to go directly to the musicians and ask them about whether or not they agree with the organizations platforms and positions?

It appeared you were criticizing the Republican camp for failing to do something that I don’t think would normally be expected of any other group, hence my bias remark.

Nevertheless, I’m a huge fan. Keep up the good work.

Mike (profile) says:

Re: Re: Re: Everyone has a bias

How would they know the musicians disagreed with them unless they went directly to them and checked first? And maybe I’m mistaken, but I didn’t think any organization/campaign was expected to do this. There are fees to pay, but beyond that, is it normal practice to go directly to the musicians and ask them about whether or not they agree with the organizations platforms and positions?

Right. As I said in the post, what they did was perfectly LEGAL. But that doesn’t mean it made good SENSE not to ask the band.

Sorry if that was unclear, but I still don’t get the charge of “bias.”

Heart Fan says:

I’m a huge Heart fan but this is just retarded on their part. The RNC legally bought a performance license for this and several other songs. If Heart wanted to pick and choose who got to play their music, then they should’ve said “no” to the lucrative royalty schemes that they agreed to with their labels early on and not be bellyaching about it now. I didn’t see them complaining about how easy it was to earn residuals from the laws that govern performance licensing, so there’s no reason they should be complaining about it now.

More music, less politics.

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