Tom Petty tells Michele Bachmann to stop using his music

The Guardian ^ | 06/29/11 | Sean Michaels

[MissesBush]

Tom Petty has told US presidential candidate Michele Bachmann to stop using one of his songs as part of her campaign, insisting he did not give the rightwing politician permission. Within 24 hours of the televised launch of Bachmann's 2012 campaign, Petty's lawyers reportedly pounced on the press-conference soundtrack, which used the song American Girl as exit music.

"Petty isn't pleased," reported NBC's Kelly O'Donnell, while Rolling Stone confirmed the singer's lawyers had sent the Minnesota congresswoman a cease and desist order. It's not even the first bump of Bachmann's campaign: during her announcement speech, the Tea Party supporter confused the birthplace of actor John Wayne with that of serial killer John Wayne Gacy.

Petty's problem appears to be with Bachmann's politics. In 2008, the singer allowed Democratic candidate Hillary Clinton to use American Girl for her unsuccessful presidential bid. But he was much less sympathetic in 2000, when Republican candidate George W Bush was discovered to be playing I Won't Back Down at his rallies. "This use has not been approved," Petty's representatives told the future president. "Any use made by you or your campaign creates, either intentionally or unintentionally, the impression that you and your campaign have been endorsed by Tom Petty, which is not true." Bush , er, backed down.

Politicians have got into lots of trouble using pop songs over the last few years. From Sarah Palin and Heart to Nicolas Sarkozy and MGMT, to David Cameron and Keane, politicians' rallying songs are proving a litigious nightmare. Perhaps they ought to look into using classical music.

[dead]

In the rare event that a professional basketball team would play an entire song, you can bet that the franchise paid dearly for it.

I appreciate the info. Are partial songs not covered?

Some baseball teams, for example, play excerpts as batters step to the plate - positive for the home team, negative for the visitors.

I remember there was one baseball player who got beat up by Tawney Kitane, the girl who crawled around on the hood of a car in some White Snake video. Naturally they played the song when he came up in opposing parks. I'm guessing that White Snake didn't give permission.

[Melas]

That makes sense. I didn't know it either. What section of Copyright Law, 17 USC, covers that subject?

Beats the hell out of me. My knowledge on the subject is much more mundane and practical. Because of sales events where I purchased music rights for my former employer, I do have access to all of BMI's forms and schedules to determine cost. Master use licenses aren't even on the map. The only way to acquire a master use license is have your attorney call their attorney...and blah blah blah, pay pay pay.

[P-Marlowe]

Using a song for a political campaign is NOT a public performance, it’s a commercial use.

I'd have to look into the legal definitions. A political campaign is not a commercial enterprise, so i don't see how it would be a prohibited use. In a sense a political rally is like a family get together. If they used it in a politcal advertisement, then that would be different, but just to use it at rallies would seem to be a permissible use under the ASCAP and BMI rules.

Maybe there is a specific exemption for political rallies?

[Trajan88]

Tom Petty... another bleeding heart liberal cry-baby.

Reminds me of Heart throwing a hissy fit when at Gov. Palin's 2008 campaign appearances "Barracuda" was played upon entering the stage.

Anyone remember when John "Cougar" Melencamp threw a similar hissy when Reagan's team used "Little Pink Houses?"

I thought artists, as long as they were paid via their licensing firms, got paid and had no control over who plays their muzak?

Anyway... so there's Heart all high and mighty ... now there's a mop (Swiffer) commercial that's using one of their tunes.

Swiffer Wet Jet Commercial - Mud and Mop

[oldbrowser]

It's a crappy song anyway.

I'll bet she can get permission to play "let freedom ring" by Martina Mcbride. It's more appropriate and it's a better song.

[dmz]

So what music replaces Rock and Roll in this grouping?

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Mantovani.

[Melas]

Once you license your song to BMI or ASCAP, you get the benefit of the performance fees, but you lose the right to control who or under what circumstances someone else can use your song.

I've been trying to correct this misconception on the this thread. A performance license is not required for a political campaign. Since it falls under commercial use, you'll need a master use license, even if it's not aired.

I've run into this personally, for sales events. The form will ask for the square footage of venue, estimated number of attendees, etc etc. There is always a magic number which is lower than you'd think (low thousands) that says "Master Use License Required" followed by contact information.

[proud American in Canada]

Thanks for the information! That’s helpful.

[Bronzewound]

Seems like a lot of freepers need educating on copyright law. Using a song for a political campaign is NOT a public performance, it’s a commercial use. It’s not only a pertinent legal distinction, but one helluva financial distinction as well. Public performance rights are relatively cheap, but commercial use licenses have gone into the 7 figures. Note that although it was settled in a pre-trial mediation, Charlie Crist’s campaign wound up paying big bucks to David Byrne for using his music without permission. John McCain likewise wound up paying Jackson Brown big bucks. Don Henley? Yep, you guess it, won big bucks from Chuck DeVore

This is correct.

[Michael Barnes]

LOL...

[Bronzewound]

I don’t care if your a lefty. But I do care if you act like a petulant little wuss.

Maybe do a little eq cut on the anger frequency, Andy. I was just curious.

Lefty

[Oratam]

I’m no longer ashamed to admit I bought every TP tape I own for $1 in Singapore back in 1983.

[Atlas Sneezed]

Seems like a lot of freepers need educating on copyright law.

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It’s not copyright law, it’s entertainment law, having to do with the licensing of recorded works.

And the McCain and Devore cases had to do with the creation of NEW (”derivative”) works that were parody/variants of the original composition. There were also issues of right of publicity, with fake cover singers mimicking the stars’ voices. “Dole Man/Soul Man” was the same issue.

Those are very different legal issues than simply playing a recording at a rally.

You’re awfully confident, but my decades of practice in intellectual property law says your confidence is unjustified.

[Atlas Sneezed]

No! Using a song in a political campaign falls under the same use as using a song in an ad campaign.

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Novel legal theory, but I’d like to see some credible legal basis for the notion.

[Buckeye McFrog]

Tom Petty now on my boycott list.

A few years ago he did a lousy album full of song lyrics filled with left-wing pap. When asked about that he said "if you don't agree with something I've said on this album...then you're part of the problem!"

That being said, American Girl is his intellectual property and he can do as he likes with it.

[EQAndyBuzz]

Sorry, too much coffee.

[HIDEK6]

you have no clue about intellectual property law, although your confidence in your error is impressive.

Where I went to school, that was referred to as "invincible ignorance."

[New Jersey Realist]

Who is Tom Petty? Is he the race driver?

[MrB]

"invincible ignorance."

I have an inlaw with such a quality...

[Mad Dawgg]

"No! Using a song in a political campaign falls under the same use as using a song in an ad campaign. Artists typically reserve these rights for themselves, and aren’t sold to BMI, ASCAP etc. It can cost a fortune to secure the rights to a song for an ad campaign."

Sorry but no, you are confusing public performance rights with using a song in a new recorded work such as a commercial or movie.

That is a totally different ballgame and does not apply to what the Bachmann Campaign is doing with the song.