Don't Play My Song

[styxfanNH]

Van Halen have become the latest rockers to upset presidential candidate John McCain's campaign trail by insisting he stops using one of their songs at political rallies.

McCain used Van Halen's Right Now during a speech he made in Ohio on Friday August 29. And the band has been quick to point out that neither the senator nor his campaign bosses had the the Ok to play it.

A spokesman for the group's management tells Tmz.com "Permission was not sought or granted, nor would it have been given

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Jackson Browne Sues McCain For Using His Song In An Ad Without Permission
from the legal-complexities dept
What is it with politicians who position themselves being big pro-copyright supporters being caught potentially infringing on copyright themselves? Singer Jackson Browne, who is apparently a supporter of Senator Obama's presidential campaign, has sued Senator McCain for allegedly using a Browne song in an advertisement without permission. Of course, this isn't as clear cut as you might believe. McCain's campaign points out that the ad isn't actually from the campaign. And, while it's true that there's no compulsory license for pairing a song with a video, this is almost certainly infringement -- but Browne's claim of an implied endorsement may not get very far, because there are ways that it's quite likely that McCain could make use of Browne's song without Browne's permission.

Welcome to the bizarre, arcane, and confusing world of copyright licenses.

Depending on whether or not Browne's music is licensed to a performance rights organization like ASCAP, BMI or SESAC (and chances are, they are), McCain's campaign could most likely pay a royalty to them to use one of Browne's songs at an event (if not in a commercial). And, since there is compulsory licensing on covers of songs, in theory, McCain's campaign could have someone else cover Browne's song at a campaign stop, and Browne wouldn't have much he could do to stop it (again, other than make a stink out of it, getting McCain to back down). While it does seem as though there is an infringement claim here (and McCain's campaign knows it's not wise to turn this into a big deal), this story does highlight just how ridiculous various music licensing has become these days. Though, still, in general you would think that any political campaign (or its surrogates) would at least be a little careful to avoid using music from someone who supports the other guy -- as it's just asking for a PR headache.

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Heart attack on McCain
By Knute Berger


I saw this coming. Last night after John McCain's GOP convention speech, the hall was blasted with the sounds of Seattle band Heart's rocker "Barracuda," which became the convention's theme music for Sarah "Barracuda" Palin (Barracuda was a high-school nickname). I figured an objection would be raised.

It has been. The Wilsons have asked the McCain campaign to stop using the song. "We have asked the Republican campaign publicly not to use our music. We hope our wishes will be honored," they said in a statement, according to TMZ. One reason could be that the sisters' political persuasion runs in a different direction. I remember them warming up the crowd for Bill Clinton at the Pike Place Market back in the '90s.

Rock songs used in campaigns have been controversial this season. John Mellencamp asked McCain to stop playing his songs, like "Our Country," at rallies earlier this year. McCain agreed. I can see why campaigns do this: rock anthems and pop and country songs can create mood and glow and even help define candidates, sometimes with unintended consequences.

I was amazed at the level of narcissism displayed by Joe Lieberman during his GOP convention speech. ("Thank you so very much for that warm welcome. You'd have to be me to know how much I appreciate it.") I commented on this to a guy who had volunteered for Lieberman during one of his Connecticut Senate campaigns, and he told me that Lieberman's self-love runs deep. His campaign song of choice: Sinatra's "My Way."

Campaign rock is designed to make a political statement, and there's an implied endorsement on the part of the artist — that's the subliminal effect, anyway. I don't blame bands and singers for getting pissed off. At the very least, they ought to get paid the same way they get big bucks for providing soundtracks for commercials. Presidential campaigns are multimillion-dollar efforts to brand and move product. There would be money in it for the bands and a degree of ambiguity. You'd never know if a tune expressed the artist's politics, or if it was simply a way to fill the bank account.

[styxfanNH]

Does anyone actually think that when a campaign uses a song that it actually means they are being endorsed by the writer? Hell, its free exposure....I'll give you they should probably pay the royalty right to use it, but I never associate the song as an artists endorsement.

[Zan]

Sounds like some people don't have enough real problems to worry about.

[yogi]

There is an article in last weeks People magizine where the fat Wilson sister (Ann?) blames her obesity and ALL high calorie foods on the republicians. She really rips into George Bush and his policies on fast food resturants.

Here's the link www.peopleinterviewsobeseheartsinginchick.org.

[Zan]

and once again, we can make fun of an overweight person. Even though it has nothing to do with the topic at hand.

[yogi]

plus she gets picked last in kickball.

It's ALLLLL because of those damn republicians!!

[mr.v]

Sammy Hagar in an earlier interview expressed that he did not like McCain using Van Halen Music but said for the record that Van Halen would not like or agree to either party using their music because they are a non-political group. They would perfer their music not to be brought into the political arena. Now the brothers Van Halen migh have had more to say about that.

[LordofDaRing]

Yeah I liked Hagar's respone that he had no problem with either campaign using Right Now, because it was written to get people to get off thier butts and do something. Nancy Wilson went on a tirade in another interview about the Republican Party not representing "us American Women", etc. I thought Ann and Nancy were Canadians. They, along with Jackson Browne and a few others forget that Republicans bought and continue to buy concert tickets, CDs, T shirts, etc. A good Manager might want to mention this to the Rock Community who at times deem themselves as Economic experts, Foriegn diplomats, etc. I noticed Obama's campagin uses a Brooks and Dunn song at their speeches. Finding a C&W singer who votes democrat, is like trying to find a Rap singer who votes Republican.

Zan is right, Ann's weight has nothing to do with her voice, she can still sing. And Nancy is a helluva guitar player. That being said, "shut up and sing" already, nobody is going to cast their vote one way or another because some millionaire rock star/actor/talk show host tells you to do so.

[yogi]

For the record Zan is right.

Also for the record 90% of people that work at Hostess and 100% of the people that make Twinkies, Ding Dongs & Cupcakes are republicians. 90% of Suzy Q & Hostess Fruit Pie & Hostess donut workers are also republician.

The only real democratic snack food workers, work for Little Debbie. Still with that being said, 52% of Little Debbie Workers vote republician.

All these facts can be found at: www.junkfoodpoliticsrockstarsandzanisms.com you can also try www.rockandlard.net

Please note most salad workers (onion growers, lettuce pickers, cabbage heads etc... are democrats) They may be illegal, but when they sneak in to vote its ALLLLLLL democrat baby!!!!!

P.S. I just read that all ballots must now be printed in Spanish. AWESOME!!!!!!!

[StyxCollector]

Also for the record 90% of people that work at Hostess and 100% of the people that make Twinkies, Ding Dongs & Cupcakes are republicians. 90% of Suzy Q & Hostess Fruit Pie & Hostess donut workers are also republician.

The only real democratic snack food workers, work for Little Debbie. Still with that being said, 52% of Little Debbie Workers vote republician.

And what about Drakes or Tastykake? Where do their employees' loyalties lie? Inquiring minds want to know.

[stmonkeys]

anne & nancy wilson are from seatle, not canada.

[Ash]

Also for the record 90% of people that work at Hostess and 100% of the people that make Twinkies, Ding Dongs & Cupcakes are republicians. 90% of Suzy Q & Hostess Fruit Pie & Hostess donut workers are also republician.

The only real democratic snack food workers, work for Little Debbie. Still with that being said, 52% of Little Debbie Workers vote republician.

And what about Drakes or Tastykake? Where do their employees' loyalties lie? Inquiring minds want to know.

No---body bakes a cake as tasty as a Tastykake.

[LordofDaRing]

I just checked their bio, they were born in Washington State. They spent a lot of time in Canada during the 70s.