Republicans Lack Heart! (File Cease & Desist for 'Barracuda' Song)

TMZ ^ | September 5, 2008 | TMZ Staff

[SilvieWaldorfMD]

What happened to Cheap Trick? Why were they horrible?

[Cyber Liberty]

Speaking of lawsuits, where can I collect a dime for every musician who’s tried this? I’d like to retire tomorrow....

[SilvieWaldorfMD]

There’s nothing Wilson/Wilson can do as long as the McCain campaign pays the ASCAP fees. ASCAP covers public broadcast for an event, just as they cannot tell a nightclub or sports event not to play their song.

I just presented this question to someone in a radio, TV and music site here in DC, and they replied with this (below). Don't know if it is accurate):

"If the McCain camp in public tries to present the copyrighted property "Barracuda" as an endorsement of Sarah by juxtaposing the Heart song with Sarah, in a stage production or advertisement, Ann and Nancy Wilson have every right to say "Stop it now; no more fair use; we don't want out intellectual property associated with that brand (woman) who wants to ban books from public libraries." The Republican National Convention, by their own admission was a "political ad, for McCain and Palin," or to be more precise, in my opinion, a "stage production" (Lee Atwater would be so proud.) There are laws governing the use of copyrighted music as integral parts of adds or stage productions. The Wilson sisters have every right to ask the McCain camp to stop, and tell them "fair use is now over."

[counterpunch]

That is an argument a lawyer might try to make in court. However, a convention is actually a closed event, regardless of whether or not it is broadcast. There is no endorsement by the copyright holder, implied or otherwise, simply by the work being broadcast at such an event.

It’s not too difficult to see this guy will stretch the facts and circumstances to fit his agenda. But even still, it would have to be argued before a judge of like temperament to gain any traction. Of course there is only one GOP convention, and it is over now, so such a case is no longer relevant.

The only reason Heart sent out a cease and desist letter was to make a political statement, and above all, garner some free publicity off the GOP.

[SilvieWaldorfMD]

Pardon my 'slowness' today, but what does "it would have to be argued before a judge of like temperament to gain any traction" mean?

A temperament like whose? The plaintiff or the defendant?

[JENINMO]

Hey, I resemble that remark.

[Hat-Trick]

The biggest problem had to be the sound board or guy they had on the sound board or something with the sound feed from the bass guitar. The bass guitar was so loud and distorted that you couldn't hear the guitar player or couldn't even tell if the drummer's snare and kick drum were mic'd. It truly sounded like over-distorted noise. They played the entire opening act with this problem. Heart followed Cheap-Trick, then Journey followed Heart. Both Heart and Journey had excellent balance in their sound, both were well mixed.

Journey was fantastic.