Anne and Nancy Wilson are gonna sue McCain/Palin over use of "Barracuda"

[inthebrain]

Republicans Lack Heart!

Ann and Nancy Wilson are pissed at the Republican Party and have fired off a cease and desist letter to the McCain/Palin campaign.

Specifically, the Heart women are upset that the GOP has used their classic "Barracuda" as a theme song for Sarah Palin. TMZ obtained a statement from Heart's rep, who says "The Republican campaign did not ask for permission to use the song, nor would they have been granted that permission."

The statement goes on: "We have asked the Republican campaign publicly not to use our music. We hope our wishes will be honored."

We're told Ann was watching TV today and heard the song at the convention when Palin was touted.

UPDATE: Twenty minutes after we posted this story, the GOP ended the evening after McCain's speech with the song, "Barracuda."


http://www.tmz.com/2008/09/04/republicans-lack-heart/

[KaryninMiami]

1. Good- maybe Earth Wind and Fire will sue too! NT

[inthebrain]

4. LOL

The speech looks like everyone is calling an outright dud.

I suppose the news that these guy don't fly right is going to be on the headlines again.

[trueblue2007]

8. this makes the 3rd music group who are PISSED at McCain

Singer/Songwriter Jackson Browne Files Suit Against Republican Presidential Candidate Senator John McCain and the Republican Party for Copyright Infringement and False Endorsement


Last update: 2:37 p.m. EDT Aug. 14, 2008
LOS ANGELES, Aug 14, 2008 /PRNewswire via COMTEX/ -- Renowned songwriter and liberal political activist Jackson Browne has filed a lawsuit today against Senator John McCain and the Republican National Committee in the United States District Court in Los Angeles, California. The lawsuit stems from a recent television commercial for Senator McCain's presidential bid that incorporates the song Running On Empty, a song written by and famously associated with Mr. Browne, it was announced today by Jackson Browne's attorney, Lawrence Y. Iser.

The suit alleges that Senator McCain and the Republican Party failed to obtain a license for the use of Mr. Browne's song in the television commercial. In the commercial, Senator McCain and the Republicans mock Democratic candidate for President Barack Obama for suggesting that the country conserve gas through proper tire inflation.

In addition to a claim for copyright infringement, the suit alleges that by using a song famously associated with Mr. Browne, Senator McCain and the Republican Party violated the United States Lanham Act by falsely suggesting that Mr. Browne is associated with and endorses Senator McCain's candidacy. The suit also alleges that the use of Mr. Browne's voice in the commercial violates Mr. Browne's right of publicity under California law. The suit seeks a permanent injunction prohibiting the use of Running On Empty and any other Jackson Browne composition, as well as damages.

"We are confident that Jackson Browne will prevail in this lawsuit. Not only have Senator McCain and his agents plainly infringed Mr. Browne's copyright in Running On Empty, but the Federal Courts have long held that the unauthorized use of a famous singer's voice in a commercial constitutes a false endorsement and a violation of the singer's right of publicity," Lawrence Iser of the Santa Monica, California law firm Kinsella Weitzman Iser Kump & Aldisert said. "In light of Jackson Browne's lifelong commitment to Democratic ideals and political candidates, the misappropriation of Jackson Browne's endorsement is entirely reprehensible, and I have no doubt that a jury will agree."

For further information, contact: Lawrence Y. Iser, 310-566-9801
SOURCE Jackson Browne

Copyright (C) 2008 PR Newswire. All rights reserved
http://www.marketwatch.com/news/story/singersongwriter-jackson-browne-files-suit/story.aspx?guid=%7B6D3CA8B0-C98E-47F6-9499-56D69DFCDEC6%7D&dist=hppr

[AzNick]

39. Isn't Jackson Browne left to the left?

I can't believe the RNC would play his music....!!!

[cyndensco]

87. And Kool and the Gang for "Celebration" :D

[bullwinkle428]

2. They were using Springsteen's "Cover Me" earlier, before Grandpa took the stage

[southerncrone]

6. Then a Journey song after Barracuda.

[southerncrone]

22. They're playing Barracuda AGAIN!

Hope the Wilson sisters clean their clocks in court!

[inthebrain]

82. They are really pissed about this.

[Rosa Luxemburg]

3. Good!

[msallied]

5. You know, for a party beholden to RIAA interests and whatnot...

It's surprising how often they pirate the music of artists for their own personal use...

[DebJ]

9. its the celebrity thing....

[Tarheel_Dem]

7. Why don't the Repubs stick to country music? This has happened

countless times during this campaign. I find it ironic that the GOP who hates the government taking their "hard earned money", and giving it to those "other people", but they don't mind ripping off artists who have copyrighted music rights. I hope all the offended artists get together and bankrupt the RNC.

[Bernardo de La Paz]

31. Country First! Country Music First!

[DBoon]

10. Heart is a *Canadian* band

Why do Republicans hate America?

[sunnybrook]

19. I have heard they speak French

in some parts of Canada! I am offended!

[DBoon]

26. order me some Freedom Poutine, eh!

nt

[eeyore]

21. Did the state of Washington secede?

Damn Minutemen fans just can't get it right!


:toast:

[DBoon]

81. Damn right about Minutemen fans

They domiciled in Canada to avoid the US draft.

So while not Canadian citizens they were DRAFT DODGERS!!!

and being a US draft dodger makes you an honorary French citizen

I will now go back to my early 80s post-punk and leave factually correct postings to the better qualified

[Unsane]

29. No they're *not*

Heart is out of Seattle, WA

[last_texas_dem]

74. The band is *technically* Canadian, even though the Wilson sisters aren't

>>>>Based in Vancouver, British Columbia, Heart was actually formed in 1963 by bassist Steve Fossen and brothers Roger Fisher and Mike Fisher; initially dubbed The Army, they later become White Heart before settling on simply Heart at the beginning of the '70's. After her arrival in the group, Ann became romantically involved with guitarist Mike Fisher; when Nancy joined in 1974, she in turn began a relationship with guitarist Roger Fisher. Soon after Nancy's arrival, Mike Fisher retired from active performing to become the band's sound engineer. After gaining a following in Vancouver, Heart was approached by Shelly Siegel, the owner of the Canadian label Mushroom; augmented by keyboardist Howard Leese and drummer Michael Derosier, they recorded their debut album Dreamboat Annie, in 1975.

After selling more than 30,000 copies north of the border, Mushroom issued the LP in the U. S., where it quickly achieved platinum status on the strength of the hit singles "Crazy on You" and "Magic Man.">>>>

http://www.allmusic.com/cg/amg.dll?p=amg&sql=11:gifyxqe5ld0e~T1

[DBoon]

80. Their initial album was on a Canadian label

and as stated down-post, they were located in Canada at the time so male band mambers could avoid the US draft.

So they were not only Canadian, they were DRAFT DODGERS

[Amonester]

35. No they ain't.

Ann and Nancy Wilson are from Washington State. (Last I checked.)

[whopis01]

83. Heart's first album (Dreamboat Annie) was recorded after moving to Vancouver. n/t

[snake in the grass]

77. Actually,

they are a U.S. band but during the Vietnam era they moved to Canada as the male members of the band were eligible for the draft. They returned to the U.S. after Carter granted amnesty to those who refused to take place in this unjustified war.

[justiceischeap]

93. I thought they were from Washington State? (eom)

[Raine]

11. Repigs are notorius for stealing music

they do it every election and get in trouble for it but they still continue to do it.

[kayell]

78. Reagan and Mellancamps Pink Houses, Reagan and Springsteens

Born in the USA. Both rather hilariously proving that no one in that campaign had actually LISTENED to the lyrics. And Mellancamp has again had problems with McCain stealing his music (Our Country and Pink Houses again) for the repuke cause, once AGAIN proving that repukes are thieves and completely ignorant. Apparently so clueless that they don't even get what the songs are about.

[bleever]

12. "Dog and Butterfly" might have been more suited.

[jmondine]

32. Or Crazy on You

[bleever]

38. !

:rofl:

[madeline_con]

13. See? I told you!

Geez, they are SO very dense!

[Metric System]

14. Holy crap! I was wondering tonight if they would stop the McCain campaign from using it. Kudos to

the Wilson sisters!

[carpetbagger]

15. Meme: We've had a barracuda as VP for 8 years, why 4 more?

I sure hope Biden's big mouth erupts.

[MadMaddie]

16. The Repugs think they can break every rule....

Good! This is not the first time they have done this..

[sunnybrook]

17. I knew Ann would hate this...

Just started a Barracuda thread of my own. I am glad to hear this, I just knew I could count on the Wilson sisters! As far as EWF, that is probably not as crucial, they were playing "September," but you know that "Barracuda," they are going to try to play that everywhere she goes. Why don't they write their own song about a pitbull with lipstick? SInce Heart will sue, any suggestions for theme song for Palin?

[cynatnite]

18. Ann and Nancy are anti-war all the way...

In fact, Ann wrote a protest song. Very powerful stuff.

I come down from Ft. Lewis
First time PFC
And kicking in these doorways
Ain't natural to me

But now I got my orders
That evil lives inside
Hate the sin and kill the sinner
And do it all with pride

Here I lie a'bleedin'
In a bombed out SUV
No more cell reception
No more light to see

Screaming hopeless questions
Dreaming 'bout my home
Till the chopper comes from heaven
To gather up my bones

I'm standing on a ledge
Out here on the edge
The moon is hanging high
It fills my dying eyes

Little problems, little lies

And all the young dudes fighting
So far away from home
Some are unsung heroes
Some are made of stone
Some of them are broken
The broken places strong
Some of them are crazy
Their innocence is gone

Standing on a ledge
Out here on the edge
The moon is hanging high
And it fills my dying eyes

Little problems, little lies

http://www.lyricsmode.com/lyrics/a/ann_wilson/little_problems_little_lies.html

[Wapsie B]

20. They could've played Teddy Nugent toons all they wanted.

The 'Nuge wouldn't have any problem with that I'm sure.

[cynatnite]

24. Yeah...'Cat Scratch Fever'...

:rofl:

[progressoid]

28. Ha. Ya beat me to it!

:spray:

[sunnybrook]

25. Stranglehold!

We finally have uncovered their plan for the middle class!

[bushisanidiot]

23. Ann and Nancy kick ass!!

good job, ladies!! :)

[peoli]

27. I think every musician has issued a cease and desist for them so far.

[sunnybrook]

30. Not EVERY musician

I saw Pat Boone on television the other day, from the convention. They could play all of the horrible, stolen material he sang badly.

[Whisp]

33. ha! Jackson Browne, Van Halen and Heart - any I am missing?

btw, did anyone see Clint Eastwood there - husband said he thought he saw him in the crowd. Pretty sure he's a pug. just curious.

[AzNick]

37. Positive he's a democrat

But he does not go wildly public about it like Robbins et al.

His fanbase is mostly red meat, and he knows it.

[Unsane]

46. Eastwood is officially an independent

[Blondiegrrl]

48. I just now looked him up on Wikipedia and saw that he described his beliefs as

"libertarian," although he was (is?) a registered Republican.

[inthebrain]

64. I think he was a mayor for a time

and a Republican.

Although I think he is more of liberal Republican than a conservative one.

[Left Is Write]

47. Clint Eastwood? The Clint Eastwood who contributed $2300 to McCain's campaign?

http://www.newsmeat.com/celebrity_political_donations/Clint_Eastwood.php

[Blondiegrrl]

50. Ugh. Hmm, that was during the primaries. Wonder if he'll be excited enough

about McGrumpy's campaign to contribute for the GE?

[WorseBeforeBetter]

53. Are you daft?

Eastwood is not a Democrat. Google.

[AzNick]

68. Ok so I was wrong. Bwaaaah Clint I still love you

[WorseBeforeBetter]

73. I don't love him...

but I don't find him offensive, either. I guess that counts for sumthin'.

[truedelphi]

41. Ask your man if he was really handsome.

If it was Eastwood the answer should be yes.

I brushed shoulders with him at his favorite hangout in Sausalito, CA about 3 yrs ago and he looks miles better in person than the grubby, elderly guy he has been taking on in movies for the last decade.

Groupie-Swoon kinda handsome.

And I appreciate it that he likes playing the character thast the average Joe would become as they age. It takes gumption to get in front of a camera and look worse than you normally do - especially in the Hollywood culture of 'ya better look good or get out.'

[Blondiegrrl]

43. John Hall, from Orleans, who wrote "Still the One."

Hall is now a Democratic congressman (NY), and he was PISSED that McCain used his song. Also, John Mellencamp wasn't too happy that the McCain camp used some of his songs.

re. Eastwood: I wouldn't be surprised if he was at the convention. He is indeed a Republican, although to my knowledge he's not as nutty or stupid as the rest of them.

[Left Is Write]

49. What Mellencamp songs did McCain use?

Despite what some people around DU think, Mellencamp has always been a progressive and a liberal, and is not now nor ever has been a Bushite or Republican shill. I imagine that he's REALLY pissed if McCain used his material.

[inthebrain]

52. That guy has a histroy of selling his music to the highest bidder

I don't think he gets a lot of respect from Liberal Artists and Musicians.

WHen I went to Art School years ago we used to DESPISE other artists who did shit like that. Same thing when I used to play in a local Boston band. My fellow musicians hated that shit.

[Left Is Write]

57. Really?

The only example I can think of would be "Our Country" being used in truck commercials; Mellencamp has gone on record as saying he did that reluctantly as a way to get his new music out to the public, knowing that it's notoriously difficult to get aging artists played on the radio.

What sellouts are you talking about?

[Blondiegrrl]

59. I'm wondering about that too. I've never head of him selling out,

at least not to politicians that he does not support. He's a populist, and he's done Farm Aid with Willie Nelson and those old grizzled guys, so I've always figured him to be a lefty.

[Left Is Write]

60. He's definitely left. He's officially a Democrat, but he's more liberal than many.

[last_texas_dem]

76. Actually, Mellencamp has a history of disagreeing with the idea

of letting his his music be used commercially. I'm pretty sure the "Our Country" ad from a couple of years ago was the first time that he has allowed it to be used in such a way.

http://www.newyorktimes.com/2007/01/22/arts/music/22mell.html

[Blondiegrrl]

54. Link to story:

http://www.rollingstone.com/rockdaily/index.php/2008/02/04/mellencamp-asks-mccain-to-stop-using-tunes/

Mellencamp was a John Edwards supporter in the primaries.

[kayell]

79. Mellencamp asked McCain to stop using Pink Houses and Our Country

More clueless repukes who never listen to the lyrics or the meaning of songs. New boss same as the old boss. Reagan tried to use Pink Houses also.

Edwards had used both songs (appropriately) in his campaign, with Mellencamps permission.

http://www.rollingstone.com/rockdaily/index.php/2008/02/04/mellencamp-asks-mccain-to-stop-using-tunes/

[progressoid]

34. Unfortunately it's been played and the Repigs will associate it with Palin. I wouldn't

be surprised if they continue to use it for her campaign stops.

[inthebrain]

40. They were given a Cease and Desist BEFORE they played it at the convention

They are already lookin at a big fat law suit.

[onenote]

51. I doubt it.

Unless they copied the song into an ad, then yes. But merely playing it over the loudspeakers at the convention center? Not much Heart can do about that. Under US law, the owner of the copyright in a "sound recording" (the recorded version of a song) doesn't have a "performance" right. Thus, for example, record companies don't get paid a nickel when recordings are played on the radio. There is a performance right in the underlying composition (the song Barracuda) but the licensing of that song is covered by a blanket license that can and probably was obtained from ASCAP, BMI etc.

[inthebrain]

56. Yes they do

When it is played in an open air stadium or arena and gets played on television.

They are also using it for "public performance" which does fit under copyright infringement. You need permission for the author in order to do that.

[Left Is Write]

58. To say nothing of the above-mentioned "implied endorsement" of the candidate...

and endorsement they most certainly did not give.

[onenote]

62. the implied endorsement is an ethical issue, not a legal one

[Left Is Write]

63. According to the lawyer quoted above, speaking on behalf of Jackson Browne,

it violates the artist's "right of publicity." Obviously, I'm not a lawyer, but that sounds like a legal issue.

[onenote]

67. Young has a strong case for copyright infringement because his song was not just performed

it was reproduced as part of a taped advertisement and songwriters and recording copyright owners both have reproduction rights that are not covered by the type of blanket license applicable to performances.

As for a right of publicity claim -- the right of publicity exists state by state and varies from jurisdiction to jurisdiction. Some only grant a right of privacy in a person's likeness or name. Some extend it to a person's voice, but exempt musical compositions or limit it to uses in connection with advertising or fundraising. Again, because Young's song was used in a recorded advertisement, the case for a right of publicity claim (at least in a state with a fairly broad publicity right law like California) may be pretty decent. But, again, the situation is distinguishable from one where a song is used live in event like a convention in a venue that has a blanket performance license.

[onenote]

65. sorry, but they really don't.

Yes its a public performance of the song. But that public performance is almost certainly encompassed by a blanket license that the arena in which the event was held (and every tv station broadcasting the event) has. The whole point of organizations such as ASCAP and BMI is to facilitate the public performance of musical works by making it possible to get a license to do so without having to negotiate separately with the copyright holder of every song you want to use.

[inthebrain]

66. Have you ever bought a DVD or a CD?

It's written right there on the sleeve that "public performance" without permission is a copyright infringement.

This issue has gone through the courts a million times in regards to people airing PPV sports events in bars to politicians using music on their campaign trail. The cease and desist in this case was issued by a lawyer.

The same copyright also covers illegal file sharing as well. Not to mention public viewing of copyrighted films in large public arenas without permission.

[onenote]

69. have you ever tried a copyright case?

I have.
And I'm looking right now at my copy of Neil Young's Living with War CD -- and nowhere on the CD, the CD case or the "liner insert" with the lyrics does it say anything about public performance. It does say that "unauthorized copying is a violation of federal law" and it does identify, for each song, what performing rights society handles the blanket licensing for that song (i.e., BMI, ASCAP). Even if a CD did say that "public performance" without permission is a copyriht infringement, the problem with that argument is that the copyright owner has given his/her permission for the public performance of his/her work by authorizing it to be covered by a blanket license from the performing rights society that the composer has designated as his/her licensing agent.

There is a difference between performing a work and reproducing it. File sharing (and I was heavily involved in representing one of the first online music services) involves issues relating to reproduction, not performance.

And since Barracuda is a musical work, not an audiovisual work (and audio visual works have different set of rights than musical works) a discussion of DVD films and televised movies simply isn't relevant here.

[inthebrain]

71. No I have never tried a copyright case

Have you?

Jackson Browne is suing the McCain campaign right now for copyright infringment.

[onenote]

72. Yes I have. (I said so in my post)

And the difference in the Jackson Browne situation is that the campaign reproduced the song as part of a recorded advertisement. They didn't just perform it, they copied it. ANd you need permission to copy/reproduce/duplicate a sound recording and the underlying work and its not covered by a blanket performing rights license.

So, for example, if NBC shows a football game and the band plays Barracuda at halftime, there is no infringement issue asasuming that NBC and the stadium in which the game is palyed have blanket licenses,which they almost certainly do. However, if NBC tried to put out a DVD of the game including the halftime show, they'd be subject to liability for copyright infringement if they didn't get permission for the reproduction of the song.

By the way, I'm not defending their use of the song over the objections of the artists. A principled person/group would honor that request on ethical/moral grounds even if they had the legal right to use the song. But I doubt that you're going to see a lawsuit by Heart against anyone over this unless the campaign decides to use Barracuda in taped advertisement.

[Crabby Appleton]

86. 100% correct. nt

[onenote]

91. thanks!

[merh]

36. How many songs have they used with out permission?

These bastards steal what isn't locked down, the sense of ownership and entitlement is friggin incredible. Don't they even try to find out what the laws are about using the works of artists?

[inthebrain]

42. That's two so far

Know anyone at Daily KO'S send em this article!!!

[tnlefty]

89. "You can't trust Republicans with your money.", or your music,

or your kids, or your future. I wonder if Howard Dean will lengthen his original statement?

[kurth_]

44. The party of thieves

every damn one of them.

[Ichingcarpenter]

45. I said that they would

in an earlier thread

[Blondiegrrl]

55. LMAO! Poor Johnny. He needs to go back to using circa-1900 barbershop quartet songs.

All the people who wrote those songs are long dead by now, so they can't sue.

:rofl:

[Amonester]

61. Should have played Free Falin' ...

:evilgrin:



http://www.electoral-vote.com/

:party:

[mrih]

70. Did anyone happen to catch the RNC earlier tonight?

They played "FOOTLOOSE". I laughed my head off... I wondered how many of the old white people dancing in the isles have actually ever seen "FOOTLOOSE" and knew what the movie was about.

[FKA MNChimpH8R]

75. Why am I not surprised by this

and why do Repukes think they can appropriate the songs of people who can't stand them.

Can anyone who has followed Heart think that Ann or Nancy Wilson would support Grampy?

They don't make any bigger fools than the McShits campaign,

[southpaw]

84. Hell Yeah, Wilson sisters!!!

Does that campaign have no clue whatsoever about the need to obtain permission before using a song?

[mcg]

85. The republicans are barracudas, not a compliment, definition ...

barracuda
...
2. Slang. a treacherous, greedy person.

http://dictionary.reference.com/browse/Barracuda

Is it any wonder that they use songs by those that oppose their greedy policies without permission?

[livetohike]

88. Barracuda lyrics (have a good laugh)

Barracuda

So this aint the end -
I saw you again today
I had to turn my heart away
Smiled like the sun -
Kisses for real
And tales - it never fails!

You lying so low in the weeds
I bet you gonna ambush me
Youd have me down down down down on my knees
Now wouldnt you, barracuda?

Back over time we were all
Trying for free
You met the porpoise and me
No right no wrong, selling a song-
A name, whisper game.

If the real thing dont do the trick
You better make up something quick
You gonna burn burn burn burn it to the wick
Ooooooh, barracuda?

Sell me sell you the porpoise said
Dive down deep down to save my head
You...i think you got the blues too.

All that night and all the next
Swam without looking back
Made for the western pools - silly fools!

If the real thing dont do the trick
No, you better make up something quick
You gonna burn burn burn burn it to the wick
Ooooooohhhh, barra barracuda.

Ohhhhhhhhhhhh.

[Castleman]

90. I still remember Mondale...

After Reagan tried to use Springsteen's stuff:
"Bruce may have been born to run, but he wasn't born yesterday!!!"

[whistler162]

92. Are there enough artists/groups yet....

for a class action lawsuit? That would suck millions out of the RNC over the 20 years it would take to wend through discovery!