Posted on 09/09/2015 8:11:21 PM PDT by nickcarraway
Kim Davis walked out to Survivor’s “Eye of the Tiger” when she was released from jail Tuesday.
A judge ruled that Davis should be released from jail as long as she doesn’t interfere with the licenses that her deputies have been granting.
However, she infringed upon Survivor’s rights when she played the 1982 rock classic as she walked on stage to give a speech.
Record label EMI has considered suing Davis, as well as her supporter Mike Huckabee, for publicly playing the song without permission.
“They are well within their rights to hold a public rally in support of Kim Davis, or anyone else for that matter,” intellectual property attorney Paul W. Steiner. “Where they broke the law was when they played that song by Survivor without the permission of the rights holder.”
Steiner says that often times, record labels and musicians will turn the other cheek when their songs are publicly played without authorization.
“Though, in this case, I believe that EMI does not want their song associated with someone like Kim Davis, or Mike Huckabee for that matter, and will most likely seek full damages for this incident.”
“The song has motivated thousands through the years to reach beyond their limits. Its use for the release of Kim Davis does not support my views or my politics. I have contacted my publishers to make sure this usage is stopped immediately,” Survivor’s founder Jim Peterik told Billboard.com.
Frankie Sullivan, who co-wrote the song with Peterik for Rocky III, took to his Facebook page to express his dismay at Davis’s use of their song.
“We did not grant Kim Davis any rights to use ‘My Tune -The Eye Of The Tiger.’ I would not grant her the rights to use Charmin!”
Yeah I have heard Rush say that. I think the PETA issue came up after the original discussion, because Rush was using the song long before 1999.
Thank you
You pay the fee depending on how used to BMI or what is it.....ASCAP
AND MOVE ON
That schmo Steiner is just whining for show
You need permission to use as a theme like Rush does Pretenders or SEAN does Martina McBride
If a candidate wants so as constant theme like Clinton did Fleetwood Mac then an arrangement is needed
Where I live I’m surrounded by folks in publishing and royalties I can verify next middle school football game
I'm sure Rush is no fan of PETA, it's just that he probably loathes the EPA even more. And in this case, one can support PETA's campaign against (allegedly) unnecessary animal testing without buying into the rest of their nuttiness.
I’ve also read several times that she allowed him to use it because her parents listened, and just on general principal.
That's Rush's version of the story,
"She was no fan of mine. You know, Chrissie is a big feminist and animal rights wacko and all that, but she had no clue that the song had been denied usage and she's telling Scott Shannon that her parents love my show. So in the end, we played tape of that 'cause the EMI people had told us that Chrissie wanted no part of me using the song. Well, here she is saying she didn't care. She told Scott Shannon of PLJ that she didn't care and her parents were fans so we got that tape, that audio; we played it for the EMI people, and the song came back to the program. We pay an annual fee -- which is fair, proper -- for usage."
Origins of the EIB Theme Song (May 13, 2011)
He used “Don’t Stop” by Fleetwood Mac. I thought the Clinton Foundation used Steve Miller’s “Take the Money and Run.”
Maybe Huckabee has the rights from a previous involvements.
They focused on Kim Davis which legally is in error as was said she could not have arranged it. The attorney mentioned Huckabee but Huckabee has a musical group.
Similar happened years ago with Chrissie Hynde howling about Rush Limbaugh playing her group’s song. She threatened his show without realizing he had the permission.
This bit with Kim Davis could just be a hollywood leftist reaction to provude disapproval cover.
The song sucks by the way.
What a strange world we live in today. I thought people were allowed to listen to and play for others, whatever music they want to, that has been released. If I had a block party with a bunch of conservatives and I played a CD by a liberal band they could try and sue me for playing their music at an event/for people they...didn’t agree with???
I had that album when I was a kid. My future conservative self even played it around a group of possibly future conservative (church)friends. On the streets with a boombox as well. And to think the band would not have liked that I guess:( But it’s perfectly legal. They need to get a life.
How did Kim Davis play the song if she was locked up in jail? Doesn’t Frankie Sullivan have a brain?
Actually we happened to see them perform at a Chicago suburban fest a few years ago. They’re not THAT old :)
Pussy.
They can’t sue her. She obviously had nothing to do with the song being played.
She was in jail.
Geesh, such petty crap going on.
Prove first who played it. She simply walked the stage as it was played.
I agree, and that is what a reputable lawyer would tell them. If anyone abridged the song owner’s rights it was Huckabee. This is really just for propaganda’s sake on the gay side. A great big Meh!!!!!!!!!!!!!!!!
Would you say that your hypothetical event was perhaps a “private club” gathering? Here is the ASCAP license in that case: http://www.ascap.com/licensing/types/private-club.aspx the BMI FAQ: http://www.bmi.com/licensing Unless your block party was covered by the national news media, I don’t think you would have a problem. ;-)
Public rally with no admission fee....they can sue but it won’t go any where!!!!
So they sue. What court would have jurisdiction?
Federal Court in KY? Even in a Federal Court I don’t see this going well for the artists. Even if they win, the most they’ll probably get is the royalty plus some token amount of damages. Like $1 in damages (I’ve read cases where thats happened). They’ll spend MUCH more money waging their “winning” suit than theyll get back and Huckabee/Davis will be able to pay their own court expenses from campaign and legal defense money, respectively.
Lol yeah I have since read up on the issue and understand the principle at work now. I have a habit to over-simplify things.
My city was gone ...
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