It is pretty impressive to hear that classic blasting in a room of uptight convention attendees.

Heart should lighten up and and the McCain campaign should cut Heart a nice check.

Everybody happy.

Dear RNC,

We're way short on blow. Please pony up some cash so we can get our buzz back.

Love and kisses,
The Wilson Sisters

"The Republican campaign did not ask for permission to use the song, nor would they have been granted that permission,"

... nor is such permission needed.

The Heart-McCain incident isn't the only example of music-related controversy on this year's presidential campaign trail. Click here to read Chris Willman's report about Barack Obama's eyebrow-raising use of Brooks & Dunn's "Only in America" after his nomination-acceptance address last week.

Oh, yeah, gotta be "balanced," don't we reporter?

The difference? McCain has had several artists ask him to please stop. Brooks and Dunn had no problem with it.

But, yeah, both are "controversial."

Douchebag.

EatHam: "The Republican campaign did not ask for permission to use the song, nor would they have been granted that permission,"

... nor is such permission needed.

... except that it shows stunning insensitivity and disregard. Sure, legally, no permission is needed, but when Heart decides to give a free concert/voter registration drive for Obama, then it becomes hilarious.

Lionel Mandrake: Oh, yeah, gotta be "balanced," don't we reporter?

And yet, he doesn't mention the Van Halen incident either.

But, yeah, both are "controversial."

Douchebag.

I work with many of these douchebags. Grab press release from pile A, grab press release from pile B, cut and paste, and there's next hour's story. farking lazy retards.

EatHam: "The Republican campaign did not ask for permission to use the song, nor would they have been granted that permission,"

... nor is such permission needed.

You might want to find the other thread on this subject and read the post from the guy that does music licensing for his job. You'd find out that you're wrong.

I don't think they really understand what the lyrics and meaning is behind that song.

Ooo that song says barracuda lets play it...


dumbasses

EatHam: "The Republican campaign did not ask for permission to use the song, nor would they have been granted that permission,"

... nor is such permission needed.

are you sure about that? something about publicly playing a recorded perforamce of copywritten music in a setting where more than x amount of people are attending, etc. etc. etc.

is Baracuda public domain already?

I'm No Big Deal: I don't think they really understand what the lyrics and meaning is behind that song.

Ooo that song says barracuda lets play it...


dumbasses

Reagan used "Born in the USA" and patriotic Republicans shouted the chorus and danced and clapped. Apparently no one ever bothered to actually listen to the song.

the fact that McFailin had to get his own song written for his speech last night speaks volumes.

EatHam: ... nor is such permission needed.

I was not aware that music licenses disappeared yesterday. You have to have approval from the owners of a song before you use it for a company. This also applies to elections.

After Obama's closing music, I was really expecting McCain to blast NWA.

\As I leave, believe I'm stompin

I predicted this a week ago. (TF Link)

Did they even listen to the lyrics? It's like Reagan using 'Born in the USA'.

The McCain campaign seems to have a problem with this whole 'get the artists' permission' thing.

Republican should just stick with the country acts other than the Dixie Chicks.

EatHam: "The Republican campaign did not ask for permission to use the song, nor would they have been granted that permission,"

... nor is such permission needed.

A public performance of a copyrighted song does indeed require permission.

But we already knew the GOP are crooks.

Meh. It's just McCain pandering reaching out to the Bittorrent community.


_{/image hotlinked for her pleasure}

People (including musicians) just need to lighten up.

T-Servo: Did they even listen to the lyrics?

Listen to Right Wing Radio. They've been co-opting leftist culture for years now. It's simply another way of shifting rhetorical focus.

Combine Sex, drugs, rock n roll, family values, christianism, and keep the opposition constatly guessing what the hell they're dealing with. Swinging in the dark if you will -- keep the creamy ideological nugget at the center hidden and protected -- Neo-Conservatism, bastard child to Trotskyism, with visions of global hegemony.

They'll co-opt any social norm, tradition, or meme to further that goal.

People like Grover Norquist aren't stupid, and they've been thinking and working on this for a very long time.


I don't see anything on the left that matches the unintellectual equivalent -- and that is really too bad.

GAT_00: EatHam: ... nor is such permission needed.

I was not aware that music licenses disappeared yesterday. You have to have approval from the owners of a song before you use it for a company. This also applies to elections.

I don't think legally you need any permission, do you? Venues are free to play whatever they want on their sound system before an event. It's just that it gives the impression of the artists endorsing a political candidate, so it's considered bad form to do it without permission. I could be wrong, though, and I'm curious to know for sure one way or the other.

Regardless, I wouldn't want to piss off the Heart ladies.

MilesTeg: People (including musicians) just need to lighten up.

Silly musicians.... want to get paid for their work and not have it used for things they do not approve of.

Will the madness never stop?

DarnoKonrad: I don't see anything on the left that matches the un intellectual equivalent -- and that is really too bad.

oops.

EatHam: "The Republican campaign did not ask for permission to use the song, nor would they have been granted that permission,"

... nor is such permission needed.

Public Performance or Performance Rights

A public performance is one that occurs "in a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered." A public performance also occurs when the performance is transmitted by means of any device or process (for example, via broadcast, telephone wire, or other means) to the public. In order to perform a copyrighted work publicly, the user must obtain performance rights from the copyright owner or his representative.

Anyone definitively know if Heart actually has the licensing rights to the song? I honestly doubt it given that when they wrote it they were still young and record companies had a nasty little habit of making artists sign away those rights. I actually had Ted Nugent ask me to put Stranglehold in a documentary I did, and then Sony stepped in and said 'um, not so fast, Ted - you don't own that song, we do.' So it's not all as cut and dry as a lot of you are making it seem.

Besides - depending on how much the McCain Campaign is paying ASCAP/BMI/SESAC, they might be completely covered by that type of compulsory license. It's much the same way the Limbaugh gets away with playing a Pretenders song at the beginning of every show he does. Chrissy Hind hates it, but she can't do a damn thing about it.

someonelse: Venues are free to play whatever they want on their sound system before an event

As far as I know, they have to ask permission if the rights are still owned by someone. If the rights have expired is something else, which means old songs are fine. But newer songs are available for use only with permission, which means that all those venues have to get permission, and as far as I know, they do.

DarnoKonrad: T-Servo: Did they even listen to the lyrics?

Listen to Right Wing Radio. They've been co-opting leftist culture for years now. It's simply another way of shifting rhetorical focus.

Combine Sex, drugs, rock n roll, family values, christianism, and keep the opposition constatly guessing what the hell they're dealing with. Swinging in the dark if you will -- keep the creamy ideological nugget at the center hidden and protected -- Neo-Conservatism, bastard child to Trotskyism, with visions of global hegemony.

They'll co-opt any social norm, tradition, or meme to further that goal.

People like Grover Norquist aren't stupid, and they've been thinking and working on this for a very long time.

I don't see anything on the left that matches the unintellectual equivalent -- and that is really too bad.


Yeah, I guess it's just a matter of time before we hear McCain & Co. using Pink Floyd songs to promote oil exploration and continued fighting in Iraq.

Heart's song "Barracuda" is listed in the ASCAP, so tough shiat ladies. I like your pre-80's music, but I think you need suck it up and enjoy your royalty checks, rather than using faux and sanctimonious outrage to boost sales of your recent albums and live performances (Which suck). All you do is alienate 50% of your fans.

pontechango: EatHam: "The Republican campaign did not ask for permission to use the song, nor would they have been granted that permission,"

... nor is such permission needed.



Public Performance or Performance Rights

A public performance is one that occurs "in a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered." A public performance also occurs when the performance is transmitted by means of any device or process (for example, via broadcast, telephone wire, or other means) to the public. In order to perform a copyrighted work publicly, the user must obtain performance rights from the copyright owner or his representative.

Something tells me we won't be hearing from EatHam any time soon.

EatCrow

I'm sort of both ways on Heart's decision to go public with this. One, I can understand their outrage, being supporters of Obama and not wanting people to think they are associated with the RNC. On the other hand, I mean does the RNC really think associating their VP candidate with a nickname Sarah Palin got in high school from being a power grabbing insensitive biatch?

I can't pronounce bacaruda...

/I thought that as long as whoever wants to play the song pays the appropriate license fee to BMI or ASCAP, the artist doesn't get to complain...

degreeless: Heart's song "Barracuda" is listed in the ASCAP, so tough shiat ladies. I like your pre-80's music, but I think you need suck it up and enjoy your royalty checks, rather than using faux and sanctimonious outrage to boost sales of your recent albums and live performances (Which suck). All you do is alienate 50% of your fans.

Because law only applies if the band is still hugely popular?

EatHam: ... nor is such permission needed.

That's right.

If I make a toilet paper commercial and use Stairway to Heaven in it, there's no reason I should face lawsuit.

Theaetetus: Sure, legally, no permission is needed

Just like when I decide to use Hey Jude to back my Maxi Pad advert.

FilmBELOH20: Anyone definitively know if Heart actually has the licensing rights to the song? I honestly doubt it given that when they wrote it they were still young and record companies had a nasty little habit of making artists sign away those rights.

That would be ironic, given the subject matter of the song. Regardless, there's this amazing new research tool called "the google", which has the amazing power to answer these kinds of burning questions:

http://politicalticker.blogs.cnn.com/2008/09/05/mccain-palin-embrace-barracud a/

Ann and Nancy Wilson of Heart said Thursday night that Universal Music Publishing and Sony BMG have sent a cease and desist notice to the McCain-Palin campaign over their use of 'Barracuda.'

degreeless: Heart's song "Barracuda" is listed in the ASCAP, so tough shiat ladies. I like your pre-80's music, but I think you need suck it up and enjoy your royalty checks, rather than using faux and sanctimonious outrage to boost sales of your recent albums and live performances (Which suck). All you do is alienate 50% of your fans.

No, you're wrong. Read the goddamn thread. Just because you like music doesn't mean you know what you are yammering about.

Here. Let me help you:


pontechango:


Public Performance or Performance Rights

A public performance is one that occurs "in a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered." A public performance also occurs when the performance is transmitted by means of any device or process (for example, via broadcast, telephone wire, or other means) to the public. In order to perform a copyrighted work publicly, the user must obtain performance rights from the copyright owner or his representative.

What else you got

pontechango: A public performance is one that occurs "in a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered." A public performance also occurs when the performance is transmitted by means of any device or process (for example, via broadcast, telephone wire, or other means) to the public. In order to perform a copyrighted work publicly, the user must obtain performance rights from the copyright owner or his representative.

Well most likely Heart isn't the copyright owner, so this point is pretty much moot. I don't know for a fact but this is typically the purview of whatever publisher signed them - the music industry typically retains the rights to most songs.

bdub77: does the RNC really think associating their VP candidate with a nickname Sarah Palin got in high school from being a power grabbing insensitive biatch?

Yes, Palin's fans will love it.

Heart my just be pissed with the reality that their audience isn't teeny boppers anymore. It's old white people.

They should have picked Magic Man instead. McCain's promises are all smoke and mirrors.

the only time artists will invoke copyright/licensing issues regarding public performance is during political events.

there's absolutely no way they care about people playing their stuff at the Mooseknuckle County Fair.

nor is there a feasible way to get permission from the artists of all the songs that might be transmitted in such situations.

GAT_00: someonelse: Venues are free to play whatever they want on their sound system before an event

As far as I know, they have to ask permission if the rights are still owned by someone. If the rights have expired is something else, which means old songs are fine. But newer songs are available for use only with permission, which means that all those venues have to get permission, and as far as I know, they do.

No. Venues like the Xcel Energy Center pay outrageous fees to ASCAP/BMI/SESAC to play whatever the fark they want to play. My wife owns a dinky ass dance studio and pays almost $2000 a year just for the music that she uses to teach with. Then when we actually have a performance, she has to submit the playlist and how many were in attendance in order for them to settle on an amount she needs to pay for that. We don't have to get permission from anyone for any song.

Marla Singer's Laundry: Something tells me we won't be hearing from EatHam any time soon.

You do not need permission from every individual artist to play their songs, period.

1. Heart does not own the copyright.
2. They are in ascap
3. You do indeed need to pay the ascap fees, but once you do, you can play anything you damn well please.

bdub77: pontechango: A public performance is one that occurs "in a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered." A public performance also occurs when the performance is transmitted by means of any device or process (for example, via broadcast, telephone wire, or other means) to the public. In order to perform a copyrighted work publicly, the user must obtain performance rights from the copyright owner or his representative.

Well most likely Heart isn't the copyright owner, so this point is pretty much moot. I don't know for a fact but this is typically the purview of whatever publisher signed them - the music industry typically retains the rights to most songs.

NO, you're wrong. The songwriters in this case are the Wilson sisters, who didn't sell the intellectual rights.

Whatever. Just proves that your average American "music lover" knows about as much about publishing and performance rights as they "know" about writing a hit song.

In their defense, the RNC tried to get "Make it Rain" but couldn't.

/I make it rain, I make it rain, I make it rain on them hos!

It's perfectly legal to blast any song over a soundsystem...Clubs and DJ's do it every day. Sports arenas and stadiums do it between plays and during time-outs.

From the Public and Performance Rights, it's only necessary to gain permission (performance rights) from the original artist if you intend to perform the song...ie: a cover band or an artist sampling a snippet of music in another song.

This is meant to protect artists from having their music co-opted and the thief performer making a profit from it.

People didn't pay to get into the convention to see McCain don a guitar and do that staccato triplet riff and pinched harmonics...

PS: They also played the Hoosier's theme...and a dozen other songs during the seventeen hour long balloon drop.

pontechango: FilmBELOH20: Anyone definitively know if Heart actually has the licensing rights to the song? I honestly doubt it given that when they wrote it they were still young and record companies had a nasty little habit of making artists sign away those rights.

That would be ironic, given the subject matter of the song. Regardless, there's this amazing new research tool called "the google", which has the amazing power to answer these kinds of burning questions:

http://politicalticker.blogs.cnn.com/2008/09/05/mccain-palin-embrace-barracuda/

Ann and Nancy Wilson of Heart said Thursday night that Universal Music Publishing and Sony BMG have sent a cease and desist notice to the McCain-Palin campaign over their use of 'Barracuda.'

To which the McCampaign probably sent a reply that consisted of a receipt from ASCAP, and the words "suck it".

Barack-uda.

That is all.

Maybe they could get the rights to use Summer Fun from the Barracudas.

Ba Ba Ra Ra Cu Cu Da Da!

What? So now you need a license to play somebodys 1970's burned out boring hit in a convention hall? You gotta be kidding me....Somebody tell the Wilson sisters to just shut up.

Republicans - This will be better for you in the long run. I do not think this song means what you think it means.

You're welcome.