Posted on 07/22/2016 5:52:37 PM PDT by jeannineinsd
Regardless of your political leanings, you’ve probably heard this week that a number of prominent bands were unhappy to find out their music had been used without their permission at the Republican National Convention. However much these artists may not like having their famous tunes used for political purposes, they may not be able to do much about it.
The first high-profile group to sound off about their music being used at the RNC was The Turtles. After the band’s classic 1967 tune “Happy Together” was used on the first day of the convention, Turtles co-founder Howard Kaylan expressed his displeasure and referenced potential legal action:
"We never approved this use. Now we call the lawyers" https://twitter.com/howardkaylan?ref_src=twsrc%5Etfw
However, as Kaylan quickly learned, there was no case to be made in this instance. The version played at the RNC was not the Turtles version, but a cover of the tune played by a live band. Because neither Kaylan nor his Turtles bandmate Mark Volman wrote “Happy Together,” they have no say in whether or not other bands can play the song; they can only chime in when it involves uses of their recordings of the song.
Kaylan subsequently acknowledged this fact: We didn't write that song.
"There's nothing we can do."
Yet even if Kaylan were the songwriter, the RNC’s response to another upset artist seems to indicate that he would have had difficulty with a lawsuit.
Just like the Turtles, the members of Queen were upset to learn that their song “We Are The Champions” had been used during the convention.
"An unauthorised use at the Republican Convention against our wishes - Queen" https://twitter.com/QueenWillRock/status/755406469269450752?ref_src=twsrc%5Etfw
Again, the song was played by a cover band, but the band did write the song and Queen’s publisher, Sony/ATV Music Publishing told the L.A. Times that the Trump campaign never sought permission to use the song. In fact, noted Sony/ATV, the band had made previous requests with the campaign to cease playing the song at his events.
In response, the RNC countered that its use was covered by blanket performing rights licensing agreements it had made with organizations like ASCAP and BMI. Basically, as long as the songwriters get paid for their songs being used, there’s not much they can do about the RNC hiring a band to play the tunes.
It’s worth noting that the Sony/ATV reply to the RNC’s explanation was to restate its claim that no permission was given and repeat the request for the Trump campaign to stop using Queen’s music, but there is no threat, or even hint, of legal action if that request is not met.
The final day of the convention brought more angry responses to the RNC’s music choices. The O’Jays were not happy to hear about their joyous 1973 hit “Love Train” being played at the convention. But once again this is a song that was not written by the group’s members, but by the legendary songwriting team of Kenneth Gamble and Leon Huff.
As the convention drew to a close, it managed to raise the ire of the estate of late Beatles singer/guitarist George Harrison by using his “Here Comes the Sun”:
"The unauthorized use of #HereComestheSun at the #RNCinCLE is offensive & against the wishes of the George Harrison estate."
https://twitter.com/hashtag/HereComestheSun?src=hash&ref_src=twsrc%5Etfw
If indeed the RNC does have proper performance licenses in place to cover all the songs it played this week, it could be very difficult for anyone to sue. One lawyer we spoke with said an artist could try to make a claim that using a high-profile song — one that is immediately identifiable with a specific band or singer — for very specific political purposes is tantamount to using that song in a campaign ad, but even then the artist would probably at best hope for an out-of-court settlement.
Which is another issue involving these sorts of disputes. A number of artists have sued politicians over the years, including Jackson Browne and David Byrne. More recently, former candidate Mike Huckabee was sued for using Survivor’s “Eye of the Tiger” at a political rally without permission. However, as the L.A. Times notes, such lawsuits either get thrown out or quietly settled, meaning there is no real binding precedent for courts and litigators to look at when trying to decide whether or not to file suit.
So until a case over a politician’s unauthorized use makes it to the level of a federal appeals court, this particular question will remain largely unanswered.
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Let's start by fixing the damn copyright laws. IN EXCHANGE for protection and unique rights to the creative works for A LIMITED TIME, the artist agrees to place the work in the public domain. That 'limited time' at the moment is the life of the artist + 70 years. Seriously. A taxpayer who is alive when a song is created, and pays for the rest of his life for that copyright and trademark office to protect that work, will have their grand children or great grand children benefit from that spending.
That HAS to stop. End the exception written to protect Mickey Mouse. Put everything 20 years or older in the public domain and restore the exchange. The taxpayer keeps their side of the deal, time that artists and authors do their share.
Reduce the term for copyrights to five years retroactively and let all these useless has-beens go out and get jobs.
So if you bake cakes, you have zero control of who you work for, but a singer can control the music you play?
Perhaps the RNC should find a judge and force one of these leftist elites to play live at the convention. That precedent has been set.
MacArthur's Park?
Going through that now with a TV show that aired on TV and was covered.This is a non-profit show.I asked ascap and they said they could not cover us to air on youtube and we had to contact every artist to be able to play.We only wanted to air for the kids that were on :(
Do bands ever complain about songs being used by the DNC? Or is this another one of those one-sided outrages?
When the Dhims play Harrison’s Piggies and Queen’s Fat Bottomed Girls, they won’t complain.
Anybody know whether ZZTop would complain? Screw George Harrison, Mick Jagger and other lefties.
What was that song they played about shaking your booty down at the disco?
Why is the RNC playing crap songs from over 50 years ago?! How about something a little more modern and up to date. If you want to reach out to Millennials, play something they can relate to, instead of their grandparents’ music.
Dear Consumerist, No...one...cares
The bands accepted the RNC money but they want to go all drama queen over it.
Aah everybody, get on the floor, let's dance! Don't fight your feelings, give yourself a chance!
Shake shake shake, shake shake shake Shake your booty! Shake your booty! Oh, shake shake shake, shake shake shake Shake your booty! Shake your booty!
Aah, you can, you can do it very well You're the best in the world, I can tell
That wasn't R&R. But yes, it was the worst song of all time in any category. If Trump had played that song, the campaign would have ended on that sour note.
How about George’s jacket?
God help me, but back in the in school, I had some slacks that jacket would have gone with. I think. B&W pic.
::: shudder :::
I liked Ethel Merman’s cover of ‘Whole Lotta Love.’
Trump should keep playing the tunes he has paid blanket licensing fees for at his rallies. Let the ignorant musicians beyotch and moan and threaten lawsuits. This is entertaining!
It wasn’t that one. The words had Friday night at the disco or something, and shake your booty.
I remember Abba doing Dancing Queen, Friday night and the lights are low....
Booty shaking was the rage in the '70's and '80's. Certainly less risque than twerking.
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