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McCain losing the room


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"The Republican campaign did not ask for permission to use the song, nor

would they have been granted that permission."

Oh my god! First they lost the "community organizer" vote and now they've alienated themselves from the 12 people who still listen to Heart! This party is OUT OF CONTROL!!!! :thumbsup::wallbash:

 

Jesus.

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"The Republican campaign did not ask for permission to use the song, nor

would they have been granted that permission."

 

I may be wrong here but can they do a cease and desist? Isn't their music in the public domaine? As long as you pay royalties to an organization such as BMI you're good to go. That's how bars and restaurants are able to play music in their establishments. Anyone here know how it works?

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I may be wrong here but can they do a cease and desist? Isn't their music in the public domaine? As long as you pay royalties to an organization such as BMI you're good to go. That's how bars and restaurants are able to play music in their establishments. Anyone here know how it works?

 

I think that they still have the right to refuse permission. I could be wrong though.

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I may be wrong here but can they do a cease and desist? Isn't their music in the public domaine? As long as you pay royalties to an organization such as BMI you're good to go. That's how bars and restaurants are able to play music in their establishments. Anyone here know how it works?

This might fall under commercial use laws. Not sure, though. If it does, you just can't pay a small fee to BMI and use the song in a commercial.

 

EDIT:

I believe John Adams is involved in patent law. Maybe he has a take on this.

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I may be wrong here but can they do a cease and desist? Isn't their music in the public domaine? As long as you pay royalties to an organization such as BMI you're good to go. That's how bars and restaurants are able to play music in their establishments. Anyone here know how it works?

 

I worked with a restaurant that got a notice from ASCAP regarding playing music in their restaurant. They had to sign up to get a license to publicly play the music in the restaurant. I don't remember the terms exactly but it was pretty straightforward and no significant limitations, as long as they paid the fee, which struck me as high. The restaurant just decided not to play music. It's been a few years since that came up.

 

Regarding Barracuda, I don't think Heart has done anything except to ask the RNC not to play the music. As long as the RNC has paid for the right to publicly play the song, Heart doesn't have much juice. I don't know any of the specifics.

 

Some 170 possible ASCAP licenses you can sign up for are here.

 

http://www.ascap.com/licensing/generallicensing.html

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This might fall under commercial use laws. Not sure, though. If it does, you just can't pay a small fee to BMI and use the song in a commercial.

 

EDIT:

I believe John Adams is involved in patent law. Maybe he has a take on this.

 

My wife worked for a copyright lawyer and worked with BMI. I'll check with her.

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I worked with a restaurant that got a notice from ASCAP regarding playing music in their restaurant. They had to sign up to get a license to publicly play the music in the restaurant. I don't remember the terms exactly but it was pretty straightforward and no significant limitations, as long as they paid the fee, which struck me as high. The restaurant just decided not to play music. It's been a few years since that came up.

 

Regarding Barracuda, I don't think Heart has done anything except to ask the RNC not to play the music. As long as the RNC has paid for the right to publicly play the song, Heart doesn't have much juice. I don't know any of the specifics.

 

Some 170 possible ASCAP licenses you can sign up for are here.

 

http://www.ascap.com/licensing/generallicensing.html

 

Regarding those kinds of stations, the broadcaster has had to secure the rights to play each performer's song in their setlists. That's usually handled by lawyers and with $. If a performer sends notification that they do not/no longer wish to have their song/s played on that channel, it probably depends on the contract they signed.... I dunno, I see this usage more along the lines of if a movie producer or commercial director wishes to use a song. The RNC is using it as a soundtrack. In that case, they would have to acquire permission from the performer, they can't just subscribe to a service and then use whichever song among them that they want. Big difference b/w using a stream feed in a venue vs. such a singled-out, exclusive, brand-creating use. I would think the RNC stops using it; it could be a little embarrassing if they continue and Heart makes a fuss about it.

 

This deals with recorded music. In the case of the restaurant, if it were performed live, even a different band/musician than originally wrote/recorded the music, I'm pretty sure you don't have to pay those royalty fees --- once you talk about recording, however, permission to use the song must be secured. That's what all the scribbling and © things are on the liner notes.

 

In theory, then, I suppose the RNC could continue to use "Barracuda" as long as someone performed it live and it never sees tape of any kind (fat chance nowadays). I would, however, expect other musicians and the RNC to honor the wishes of the performers who wrote/originally performed the song.

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We've been told McCain doesn't like to talk about his POW experience, but I've yet to hear a speech or interview where he doesn't find a way to mention it.

 

I thought last nights use of his POW experience was a bit shameful. I also thought everyone's bashing Barack's community organizer role was a bit over the top as well. I guess that is the type of stuff you see at a party convention.

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I thought last nights use of his POW experience was a bit shameful. I also thought everyone's bashing Barack's community organizer role was a bit over the top as well. I guess that is the type of stuff you see at a party convention.

 

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Spoke to my wife and she said that Heart can petition the courts but it's up to the courts to rule of course. And she said as long as the McCain camp has paid the fees and has their ducks in a row the court will probably rule against the artist. Not agreeing with the politics is not a compelling enough arguement. That's why George Lucas failed in his attempt to sue regarding the use of Star Wars when referring to Reagan's SDI

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Have you heard Barry trying to answer non-scripted questions? Uhh...umm...ahh...uhh...umm...etc...

It really sucks having a guy think before answering a question. Considering the arena of the absurd he was walking into on Fox, I think Obama did an outstanding job.

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It reminds me of Reagan's use of Springsteen "Born in the USA"... looks like the GOP likes to pick songs that have messages totally at the opposite of what they stand for...

 

Reagan also wanted to use Mellencamp's "Pink Houses", which was also denied. The funny thing is: How did the Republicans miss the strong sarcasm in that song to even consider using it?

 

:thumbsup::worthy:

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