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Rush Vs. Rush Limbaugh: Band Tells Host to Stop Playing Their Music
spinner.com ^ | 3/7/2012 | Kenneth Partridge

Posted on 03/08/2012 6:24:25 AM PST by SoFloFreeper

Canadian prog rockers Rush share their name with a certain right-wing American radio personality,but that doesn't mean they share his values.

After learning that Rush Limbaugh had used its song 'The Spirit of the Radio' during his recent rant against Georgetown law student Sandra Fluke -- a woman he called a "slut" and "prostitute" for supporting mandated coverage of contraceptives -- the band filed a cease and desist letter, asking the DJ to lay off their music, TMZ reports.

"The public performance of Rush's music is not licensed for political purposes and any such use is in breach of public performance licenses and constitutes copyright infringement," reads the statement.

"Accordingly, we hereby demand that you immediately stop all use of Rush's music and confirm that you will do so," the letter continues.

(Excerpt) Read more at m.aol.com ...


TOPICS: Culture/Society; News/Current Events
KEYWORDS: hypocrites; music; radio; rush
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These guys pose as libertarians and free thinkers...one of their albums, 2112, is even dedicated to Ayn Rand. But I guess they've turned into lame wusses in their old age.

As long as Rush pays the ASCAP/BMI license, can't he play anything in that catalogue?

1 posted on 03/08/2012 6:24:40 AM PST by SoFloFreeper
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To: SoFloFreeper
"The public performance of Rush's music is not licensed for political purposes and any such use is in breach of public performance licenses and constitutes copyright infringement," reads the statement.

I believe he is allowed to play snippets of music without violating copyright law. It's the same indemnification extended to Amazon, for instance, where you can go to their site and listen to 30 second clips of songs.

I believe there's a "sampling" statute that indemnifies Limbaugh. He'll likely stop playing the music, but I doubt he's in violation of copyright law.

2 posted on 03/08/2012 6:27:02 AM PST by rarestia (It's time to water the Tree of Liberty.)
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To: SoFloFreeper

I’ve yet to hear an artist tell a Republican; “Please, don’t buy our albums.”


3 posted on 03/08/2012 6:28:06 AM PST by Huskrrrr
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To: SoFloFreeper
I can't recall that there is a license for playing a song for political purposes.

ASCAP/BMI/SEAC only cares about how large the audience is.

4 posted on 03/08/2012 6:29:28 AM PST by HIDEK6
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To: SoFloFreeper

yet another example that libertarians are indeed the HIPPIES OF THE RIGHT


5 posted on 03/08/2012 6:29:28 AM PST by wardaddy (I am a social conservative. My political party left me(again). They can go to hell in a bucket.)
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To: SoFloFreeper
As long as Rush pays the ASCAP/BMI license, can't he play anything in that catalogue?

************

Pretty sure your surmise is correct...

Neither of these licenses are incidental-- quite pricey $$ (for broadcast in particular)

6 posted on 03/08/2012 6:29:35 AM PST by Wings-n-Wind (The main things are the plain things!)
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To: SoFloFreeper

The musicians NEED to put warning labels on their music then. “It’s cannot be used for ‘x’ reason, it is not intended for that use”. Amazing!! The thought police is alive and well.


7 posted on 03/08/2012 6:30:40 AM PST by presently no screen name
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To: wardaddy

“yet another example that libertarians are indeed the HIPPIES OF THE RIGHT”

It took five posts to get to this. You’re slipping.


8 posted on 03/08/2012 6:32:32 AM PST by Daveinyork
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To: SoFloFreeper
Shut up and sing.

No, on second thought, just shut up.

9 posted on 03/08/2012 6:32:57 AM PST by Lazamataz (Today. I shall report evey single thing I see to the admin.)
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To: SoFloFreeper

2112 was a great album.
Now they are living it.............


10 posted on 03/08/2012 6:33:22 AM PST by Red Badger (If the Government can make you buy heath insurance, they can make you buy a Volt................)
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To: SoFloFreeper

Sorry, “Rush”... was a fan, not so much anymore.


11 posted on 03/08/2012 6:34:01 AM PST by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: SoFloFreeper

I’m not even sure Rush is paying an ASCAP/BMI fee. He purchased the song.


12 posted on 03/08/2012 6:35:33 AM PST by albie
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To: SoFloFreeper

Liberaltarians. They will be just fine with the Dictatorship Of Liberal Tyrants. DOLTS for short.


13 posted on 03/08/2012 6:35:43 AM PST by ecomcon
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To: SoFloFreeper

I used to like Rush(the band)


14 posted on 03/08/2012 6:36:29 AM PST by certrtwngnut (It's not the people who vote that count, it's the people who count the votes. (Josef Stalin))
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To: Wings-n-Wind
Plus, it wasn't used for political purposes, unless you want to make the claim that Rush's entire show is a political purpose. The music was not used in conjunction with the Fluke kerkuffle. It may have aired adjacent to some Fluke discussion.

Basically, it sounds like Media Matters called 'em and manufactured a crisis because Rush occassionally uses the tune to bump back in from commercial breaks. The band doesn't know what it's talking about, other than what they've been told by MM, I'll bet you.

15 posted on 03/08/2012 6:37:43 AM PST by chiller ( Elect another batch of TPartiers and it won't matter which R we elect. WE will lead.)
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To: SoFloFreeper

Relatively few performers still hold the rights to their music. Typically they’ve been sold off to record labels and investors who will gladly take Rush’s money. This is largely bluster for the benefit of their lib friends in showbiz.


16 posted on 03/08/2012 6:39:41 AM PST by Buckeye McFrog
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To: SoFloFreeper

Except that Rush is not a ‘political entity’.

He’s and entertainer.

Just because he speaks ‘about’ politics, it doesn’t make him a politician.

Therefore there is no ‘breach’ of the license.


17 posted on 03/08/2012 6:43:09 AM PST by Bigh4u2 (Denial is the first requirement to be a liberal)
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To: SoFloFreeper

Right, once they handed the enforcement of their licensing over to ASCAP/BMI they lost the right to dictate who can and can’t license the music. If they want to withdraw their catalog from those companies just to spite Rush, then maybe they’d have a case, but I doubt they are about to do that :)


18 posted on 03/08/2012 6:44:04 AM PST by Boogieman
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To: chiller

Rush has been using a snippet (fair use) form Spirit of Radio for years. They haven’t been relevant since the Big Money days. Not eve I, who had Slingerland make a copy of the Black and Brass drum set Peart used on Farewell to Kings bother to put them in the tape deck. The last time they were in the news. Alex Lifeson beat the crap out of some guy.


19 posted on 03/08/2012 6:44:43 AM PST by massgopguy (I owe everything to George Bailey)
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To: SoFloFreeper
did the (royalty payment) check bounce?

20 posted on 03/08/2012 6:46:15 AM PST by skinkinthegrass (Simple: Kill the terrorists, Protect (all) the borders, ridicule all the (surviving) Liberals :^)
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