Tom Petty Reportedly Issuing Cease and Desist Letter to Bachmann

[Hissyspit]

Source: Raw Story / NBC News

Tom Petty reportedly issuing cease and desist letter to Bachmann
Posted on 06.27.11
By David Edwards

Tom Petty may be taking legal action to make sure Republican presidential candidate Michele Bachmann stops using his songs at her campaign events.

“NBC News: @TomPetty unhappy with Michele Bachmann’s use of ‘American Girl’ and in process of issuing (a cease and desist) letter,” Matt Ortega reported on Twitter only hours after hours after Bachmann used the popular song to kick off her campaign.

Petty also issued a cease and desist letter to then-Governor George W. Bush for illegally using “I won’t back down” at his rallies.

“The impression that you and your campaign have been endorsed by Tom Petty, which is not true,” music publisher Wixen Music Publishing Inc. told the Bush campaign.

Read more: http://www.rawstory.com/rawreplay/2011/06/tom-petty-reportedly-issuing-cease-and-desist-letter-to-bachmann

---

Joke Tweet? Hmm...

[Adenoid_Hynkel]

1. I love Tom Petty

http://userserve-ak.last.fm/serve/_/2267388/Tom+Petty+petty1.jpg
He's eternally cool.

[jillan]

16. Agreed! Love his music,

[Amerigo Vespucci]

23. Final episode of the Larry Sanders Show...

...Tom Petty and Clint Black getting into a fist-fight back stage because they both thought they were going to have the "Bette Midler Moment" with Larry.

By sheer coincidence, I have the playlist I used for my Petty mix CD in iTunes and listened to it earlier today. Stories like this only make me think he's cooler.

:toast:

[no_hypocrisy]

2. Bruce Springsteen told George H.W. Bush to stop using "Born in the U.S.A." for his campaign.

[MadBadger]

6. Probably thinking of St Ronnie trying to coopt Springsteen and Born in the USA in the 80s

[rocktivity]

7. Sarah Palin used Heart's "Barracuda"

apparently unaware that it was written in response rumors about its author and her sister being lovers.

I believe Bon Jovi had to get on somebody's case, too...


:headbang:
rocktivity

[Adenoid_Hynkel]

14. Dumbya tried to use Petty, Mellencamp and Sting in 2000

http://www.time.com/time/specials/packages/article/0,28804,1840981_1840998_1840937,00.html

[AlbertCat]

17. And of course Rush Limbaugh ruined a perfectly good Pretenders song.

Just for the sound of it. They never even got to the words.

I think Crissy Hynde complained but for some reason Rush "won'.

[Grassy Knoll]

45. Rush Limbaugh Pays Big bucks for that song..

An edited instrumental version of The Pretenders' “My City Was Gone” has been Limbaugh's theme song almost continuously since the start of his show. Briefly in 1999, Limbaugh stopped playing the song while negotiating with the song's writer, Chrissie Hynde. Limbaugh now pays her one hundred thousand dollars per year,<2> which she donates to the animal rights organization PETA.<3>

[Major Hogwash]

47. I thought his theme song was "I'm a fat Oxycontin drug addict with no brains and a microphone."

I don't know who wrote it, but I had heard it was from Derek and the Drug Dealers.

[boppers]

59. So, Rush pays PETA $100,000 a year?

:rofl:

[sulphurdunn]

128. There's a special kind of irony in that.

Makes you think maybe the cosmos has a sense of justice.

[The Nexus]

113. It's called "bumpers"

Where the main instrumental riff of the song is played over and over again. A TON of artists are trying to fight this. I do remember Good Charlotte sending a C&D to Michael Savage for using one of there songs for a bumper only to go on deaf ears.

[no_hypocrisy]

81. Heart came on DWTS when Bristol was a contestant and SP was in the audience

to perform "Barracuda".

[pamela]

50. Obama ought to use that song.

I bet Bruce would let him and it would be funny as shit.

[Myrina]

96. Do you know the lyrics/meaning behind "Born in the USA"?

It ain't no happy dance anthem. It's about the country going to hell and the average working guy getting the shaft.
I don't think it would help POTUS out too much, despite the pointedness of the title.

[stanwyck]

107. Reagan was so clueless. I don't think he ever actually listened

to the song. Of course, wasn't it his administration that found The Beach Boys "too controversial" for the 4th of July festivities? But Spiro Agnew still holds the title of most clueless when it comes to co-opting music - he didn't realize who the friends were in The Beatle's "A Little Help From My Friends."

[cheneyschernobyl]

114. Yes, specifically James Watt

He's the moran who felt the Beach Boys were an inappropriate choice to perform on Independence Day at The Mall in DC. Here's what I found on Wikipedia:
http://en.wikipedia.org/wiki/James_G._Watt

Look under "other controversies"

I remember when that happened; even though I was only 13 at the time my thoughts were "this guy is crazy"!

[kick-ass-bob]

109. Actually, it was more about how Vietnam vets got the shaft after they came home

I love this verse:

"I had a brother at Khe Sahn
Fighting off the Viet Cong
They're still there, he's all gone

"

With the 4th 'line' left with no words

[Hissyspit]

124. That still squares with Myrina's broader interpretation given the context of the early 1980s.

I remember exactly where and when it was when I first heard that song on the radio in my car played a day or two before the album came out. I understand what the song was about INSTANTLY and was profoundly moved, in particular by that verse. There really is no excuse for not understanding the song.

[angstlessk]

3. hell, I can be sentenced to 30 years in jail if I download the song for my personal pleasure

and all she gets is a cease and desist letter?

[onenote]

25. nice hyperbole

[Tunkamerica]

46. It's five years for a first offense and up to 150000 per offense

not to mention civil suits.

The point remains.

[onenote]

88. wrong and wrong again

You're mixing civil and criminal and getting it wrong on both accounts.

Civil: The maximum statutory damages for an act of copyright infringement is no less than $750 and no more than $30,000, unless it is shown that the infringement was "willful" in which case the maximum level of statutory damages increases to $150,000 (with the low end still being $750). If its shown to be an "innocent" infringement, the low end for damages drops to $200.

On the criminal side, innocent infringement is not prosecutable. A willful act of infringement involving a single work committed for "private financial gain" (which requires more proof than the mere fact that a work was reproduced without permission) is a misdemeanor, punishable by up to 1 year of jail. See 18 USC 2319(b) and 47 USC 506(a)(1)(A).

[crim son]

91. Laughing.

Anal retentive much? :)

[onenote]

92. Actually the joke is that you don't care about factual accuracy

And instead of being appreciative of the fact that one can learn something from reading DU, you respond to accurate information with a lame attempt at an insult.
Sadly, concern for factual accuracy is not a virtue to some DUers. At least we know which camp you are in.

[Tunkamerica]

119. I didn't mix civil and criminal.

I said 150000 was the maximum which it is. And I got 5 years from http://www.webster.edu/technology/downloading.shtml, specifically: Under the Digital Millennium Copyright Act, distribution of copyright materials is punishable by law. Those found guilty of copyright infringement may face the following penalties:

Up to five years in jail
Fines and charges of up to $150,000 per file

[onenote]

143. Not your fault, but the source you relied on is wrong/misleading

The link is broken, but the facts are not disputable.

What constitutes criminal copyright infringement is defined in Section 506 of the Copyright Act (17 USC) and the penalties are specified in Section 2319 of the Criminal Code (18 USC). A single act of reproduction (e.g., downloading a song) can only trigger criminal liability if it is done willfully and for purposes of commercial advantage or financial gain. The penalty for an act of infringement meeting this definition is not more than a year in jail (i.e., its a misdemeanor). The Criminal Code does not provide for any monetary fines (i.e. the payment of a sum of money to the government) for criminal copyright infringement. In order to face up to five years imprisonment for criminal copyright infringement, one would have to have made at least 10 copies of the same copyrighted song with a total retail value of at least $2500.

The $150,000 figure apparently is a reference to the maximum amount of statutory damages payable to a person or entity whose copyright has been infringed as provided for in Section 504(c). It is not a "fine" payable as a criminal penalty to the state, but rather is a form of damages paid to the "victim" of an infringement. As previously noted, $150K is the maximum penalty for an act of willful infringement that a jury can impose. The minimum is $750. Without a showing of willfulness, the maximum penalty is $30K. If it can be shown that the infringement was "innocent" the minimum penalty drops to $250.

The DMCA has its own set of penalties, none of which are $150K. But the DMCA is not relevant for purposes of this discussion because making an infringing copy of a song (e.g unauthorized downloading) is not addressed in the DMCA; its addressed in the main body of the Copyright Act.

The confusion between a "fine" (payable as a criminal penalty to the government) and damages (payable as compensation to the owner of a copyright) is not that uncommon. But the facts are that if someone was prosecuted and convicted for willfully downloading a single song for commercial advantage or financial gain, the maximum criminal penalty they would face is up to a year in jail and the maximum civil damages they could owe is $150K. Of course, I'm unaware of anyone being criminally prosecuted for a single act of downloading, presumably because prosecutors understand that no jury is going to find that a single download meets the "commercial advantage or financial gain" test. And I don't recall any civil cases of infringement being brought for a single download, probably because a jury almost certainly would impose damages closer to the minimum ($750) than to the maximum.

My correcting the record on this subject is not intended as either a criticism of your post (which apparently was based on a source that gave you incorrect/misleading information) or to defend the current law. It is merely an attempt to prevent DU from being a further source for the dissemination of the inaccurate information on which you relied.

LINKS:
17 USC Section 506 http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000506----000-.html
18 USC Section 2319 http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002319----000-.html
17 USC Section 504 http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000504----000-.html

[The Wielding Truth]

110. Could we get every regressive to cease and desist being in politics?

[Marie Marie]

27. That's what I was thinking.

When are the Republican candidates going to realize that no self-respecting musician wants their music associated with these clowns?

[idrahaje]

49. frankly she's doing the same thing as pirates.

arrrr must be a pirate.... is she endorsing pirates?? don't know but she's endorsing John Wayne Gacy

[AverageJoe90]

134. I've always been pretty disgusted by that myself.

Screw the RIAA, man. >=(

[rocktivity]

4. "Free Falling" would be a more appropriate Tom Petty song for her

http://www.youtube.com/watch?v=5gqT6En2O78

And this all I have to say:
http://www.youtube.com/watch?v=h0JvF9vpqx8

:headbang:
rocktivity

[DJ13]

12. I was thinking "Dont come around here no more"

The video based on Alice in Wonderland (and the tea party) fits Bachmann.

[Kolesar]

71. "Even the losers"

Yours was hard to top, though

[VWolf]

102. Obama could use

"Last dance with Mary Jane"

Then again, I think most politicians could - even the ones that didn't inhale.

[KamaAina]

106. "Learning to Fly"

but she ain't got wings... :P

[inna]

19. LOL, so true!! Great post. :)

[boppers]

58. Me three....

First thing I thought of when I saw the headline.

[customerserviceguy]

132. Nope, Newt and TPaw are fighting over it. n/t

[Dawson Leery]

5. Doesn't the country klan have something more fitting for this kook?

These days, every male country "artist" has multiple songs about the "good ole' days".

[liberal N proud]

8. Another election season another round of republicans illegally using tunes

McCain and Palin were busted for this in the 2008 elections time and time over.

These people who are greedy for the corporations are not so greedy for artist who are trying to make a living off their music.

Maybe she can use Ted Nugent's music, Cat Scratch Fever.

[Liberal Veteran]

13. For her Atlanta stop, she can use "The Devil Went Down to Georgia"

[liberal N proud]

15. Now that is appropriate

But I bet they used it without permission too.

[colorado_ufo]

116. Best one yet!

:rofl:

[Bluenorthwest]

9. As usual, they go for the title without noting the rest of the song

Not what I'd want for my campaign "God it's so painful when something that's so close is still so far out of reach."

[geardaddy]

93. Exactly.

[jtrockville]

10. Were any Democrats forbidden by the artist from using songs?

There were lots of artists who objected to Republicans using there songs... for example: John McCain (Jackson Browne, Running on Empty).

[provis99]

39. Democrats ask first.

Republicans are incapable of asking permission to use the songs.

[Adenoid_Hynkel]

11. Funny how they never use music from their own side

Mainly because Ted Nugent, Lee Greenwood, Pat Boone, Ray Stevens and all conservative musicians suck ass.

[bigworld]

18. So long as she pays the proper ASCAP fees, can he in fact do this?

Just wondering.

In a similar vein, I've also wondered if The Pretenders have ever complained about the use of their song as Rush Limbaugh's defacto theme song.

[dflprincess]

22. If he holds the rights to the song I think he can refuse permission to use it n/t

[onenote]

28. if its used in an ad or otherwise "synced" to video, no

but if its a straightforward public performance of the song, then it would be okay if she obtained a blanket license from the appropriate performing rights society.

[socialist_n_TN]

36. I don't think this is correct..............

I'm pretty sure that the publishing company can prevent any use of a tune they control if they want to. The performance rights associaltions (ASCAP, BMI, SESAC) only TRACK the playing of a song. Yes they would be involved if the song was actually played, but if the publisher doesn't want it used, they have the power to prevent it.

[onenote]

87. the performing rights societies do more than track songs

ASCAP, BMI, and SESAC (the three US-based performing rights societies) act as agents for their members, entering into both blanket and individual performance licenses on their behalf. It also monitors use and collects and distributes royalties for its members. When composers designate ASCAP to act on its behalf, he or she gives up a measure of control over licensing that they might otherwise have in return for the convenience of not having to deal individually with the task of licensing their songs.

[socialist_n_TN]

95. Yeah I know all that. But I'm pretty sure that

if a publisher WANTS to stop the use of a tune by anybody, they can do so. Publishers have a ton of power and control.

As an example, if a writer gets a committment from an artist to record a song, but the publisher says, "No, we're holding it for so-and-so." the publisher can do so and neither the writer NOR his liscensing agent (ASCAP, etc) has any say-so. Other than the power of argument, of course. OR in this case with Petty being the writer and publisher and wanting to withhold the use of his song FOR ANY REASON, he can do so and the liscensing agent, can't stop it.

[socialist_n_TN]

97. I just checked with ASCAP..........

Whoever holds the copyright on the song, can control the USE of the song. Copyrights are usually held jointly between publisher and writer(s), so they would control the use of the song.

The lady at ASCAP said that they had no control over that.

[Hissyspit]

125. This is a separate issue from the implied endorsement, which in and of itself is probably

enough for the cease and desist to be effective.

[socialist_n_TN]

138. True. But the original post that I responded to

implied that Bachmann could use the Petty song as long as she payed a "blanket liscence" fee to the performance rights org. And that's not the case either. She could be barred from using the tune by Petty for either cause. IMO of course. But it's obvious that he could block the use if for no other reason than because he controlled the copyright.

[Hissyspit]

142. I understand. Just wanted to mention it.

[onenote]

144. yes and no

The owner of a copyrighted song that has entered into a licensing agreement with (i.e., become a member of) ASCAP (or any of the other performing rights societies) DOES continue to control most "uses" of their work. For example, ASCAP members continue to control the reproduction of their songs, or their performances in dramatic works. But they don't control who gets to publicly perform their songs. The ASCAP membership agreements contain only a limited reservation of rights to a composer or publisher to restrict the public performance of a song in certain situations (e.g., to prevent excessive use of a song from a theatrical production or to prevent a song from being played when it is the subject of a dispute over whether it is part of the library of songs covered by a blanket license). The fact that the agreement contains a narrow list of situations where an owner can prevent a licensed song from being performed reflects the fact that in all other situations a blanket license is exactly that -- a license to perform the songs covered by that license. Indeed, it would totally defeat the purpose of getting a blanket license if song owners could, willy nilly, withhold permission for their songs to be played by entities that had purchased those licenses.

Link to ASCAP membership agreements: http://www.ascap.com/join/download_application.aspx

Check back with your contact at ASCAP and ask them the following question: If I have a bar and I get a blanket license, and a song that is part of the ASCAP repertory is played in my establishment, could the owner of the copyright in that song decide he doesn't like my bar and tell me I can't play that song any more or is it safe for me to play any song on the listed repertory without worrying that someone could accuse me of not having gotten their permission to do so?

[Solly Mack]

20. Good

[dflprincess]

21. It was rumored that Bob Dylan issued a cease & desist when Normie Coleman

was using (actually singing) "The Times They Are a-Changing" when he was running against Wellstone.

[libodem]

24. Running down the dream

That never would come to me....raspberries to bock bock.

[onehandle]

26. 'Take it easy, baby. Make it last all night.'

Makes batshit Bachmann sound kinda easy.

[Yon_Yonson]

37. I though I would add a picture

[Webster Green]

29. How come rethugs think they can use whatever music they want?

Funny that the artists always tell them to stop.

Ann and Nancy Wilson were really pissed when the grifter started using Heart's 'Barracuda'

[area51]

68. +1

Notice it's the so-called "law & order" party that keeps trying to steal people's songs without paying any money for them. :eyes:

[tomm2thumbs]

118. precisely - 'laws I can break when it is convenient to the GOP', but 'nation of laws' otherwise

that is how the GOP works from its root to its core

[brooklynite]

30. Perhaps she could try Nina Gordon's "Suffragette"...

Has a nice religious vibe to it:

"You don't know me yet
But I'm a suffragette
I suffer for your sins and wash them all away

Some kind of Jesus Christ
Check out my sacrifice
A pretty poison flower bring you the sweetest juice...

Just gotta trim that tag line at the end...

Ch-change the channel baby, try another station
I'll fill you up with a sense of elation
I'll build you up with a sex education

[lbrtbell]

31. Bobby McFerrin was PO'ed at Poppy Bush re: Don't Worry Be Happy

Republicans are really good at using recordings illegally, yet they're first in line trying to stop John Doe from downloading mp3's.

[underpants]

76. Long history of Repubs being rejected - Bruce, Jackson Browne, Heart, Sam and Dave, etc.

[KeyserSoze87]

32. Good for Tom Petty!

However, I do think "Free Fallin'" would suit Bachmann very well, considering that it's what her approval ratings will be if she's president.

[LadyHawkAZ]

33. HAHA

[MisterP]

34. this also happened with McCain and ABBA: is that cooler than this or less cool? I can't even tell nt

[bigwillq]

35. They don't need to get permission before using?

:shrug: Not familiar with copyright rules.

[Amonester]

60. They R not familiar with ANY rule. Only their own.

After all, they run for positions where they can put themselves above the law.

And noobody will ever do anything about it.

[Bragi]

38. The Gacy estate should do the same thing

She's destroying his reputation.

[Doctor_J]

100. .

:spray:

[janet118]

129. Wasn't American Girl on Silence of the Lambs soundtrack . . .

Just sayin'

[d_b]

40. Fuckin' A

[TwilightGardener]

41. I heart Tom Petty. How dare that nutty skank ruin one of my all-time favorite songs

by trying to associate herself with it?

[JoeyT]

42. She should try music by an artist more in line with her politics.

I'd suggest Prussian Blue or Skrewdriver.

[certainot]

43. good. and how about all the RW barry manilow blowhards on radio who pretend with rock music

[Populist_Prole]

44. Another epic fail by conservatives

Every time they try to look cool they flop miserably since they think they can talk the talk but can never walk the walk. Typical tight-assed dorks trying to be hip.

In a related dynamic, I've also noticed lots of right wing email forwards supposedly quoting people like George Carlin and such and a a pathetic attempt to appeal to plain spoken authority of sorts, but most cons are too stupid to know.

[lonestarnot]

48. Good! and 'DON'T BACK DOWN!'

[alp227]

51. similarly some republican candidate for congress used the curb your enthusiasm theme in ad

without permission. Good that Tom Petty doesn't wanna be associated with someone of such low character as Bachmann. And I need to look up that "American Girl" song, I think I may have it somewhere in my computer as I listen to Petty regularly but I'm not sure about this particular song.

[The Nexus]

52. Know how some can get around the artist's legal process?

Novelty CDs you can get at a record store dollar bin. ASCAP has been fighting this loophole for a while now.

[methodman]

53. I always hear about ceast and desist. But what songs can the republicans use?

I think we should do some covers for the Republican Party
Prefab Sprout "Cruel "I would love to hear other bands cover that song and dedicate it to their fellow GOPers.

[Joey Liberal]

79. There is always Ted Nugent for the republicans

And the Oak Ridge Boys:).....

[Myrina]

98. Rammstein must have something fitting for the GOP ...

:shrug:

[JI7]

54. do these people not know where these musicians stand politically ?

why don't they ever play songs by musicians on their side ?

[ArcticFox]

55. Can't she face some jail time

Or a huge fine or something? I mean, wasn't some lady fined millions recently just for downloading some songs?

[awoke_in_2003]

56. Why can't Repubs use songs from repub rock bands, like...

uh, hmmm, :)

[go west young man]

57. Petty is an American legend.

Anyone who has listened to his" Last DJ" album understands he truly despises
corporate parasitic types. I.E. Republicans. I hope he bites Bachmann in her ass
financially.

[Zambero]

61. Tom to Michele: "Don't Come Around Here No More"

Perhaps she should go with a song from a right-winger rocker, say Ted Nugent? Except he has no musical talent, and "Cat Scratch Fever" could be misconstrued as all-out war with Sarah Palin.

[Duppers]

62. link gone?

?

[Hissyspit]

65. Yup.

Hmm. That's why I emphasized that this was "reportedly" and was wondering if the Tweet was misinterpreted. We'll see what's up tomorrow, I guess.

Here's this: http://www.npr.org/blogs/itsallpolitics/2011/06/27/137446872/maybe-michele-bachmann-checked-with-tom-petty-first

And this:

https://twitter.com/#!/MattOrtega/status/85503859534995456

@MattOrtega

NBC News: @TomPetty unhappy with Michele Bachmann's use of "American Girl" and in process of issuing C&D letter.

6 hours ago via Twitter for iPhone Favorite Retweet Reply

Crooks And Liars has taken their reference down, too: http://videocafe.crooksandliars.com/david/tom-petty-reportedly-issuing-cease-and-desis

[Hissyspit]

123. Link back: "NBC’s Kelly O’Donnell confirmed that report Monday night..."

NBC’s Kelly O’Donnell confirmed that report Monday night.

“And details matter, and when Bachmann left the stage here, her campaign played the Tom Petty hit song, ‘American Girl,’” O’Donnell said. “Turns out petty isn’t pleased. His manager says they will ask the Bachmann campaign not to use that song.”

Petty also issued a cease and desist letter to then-Governor George W. Bush for illegally using “I won’t back down” at his rallies.

[Patchuli]

63. You go Tom!!

Besides, the last thing I would consider Batshit Bachmann to be is just a regular "American Girl!" She nuckin' futz!

[steelmania75]

64. There's always Ted Nugent to listen to! lmao.

[stanwyck]

108. She can have Cat Scratch Fever

or one of his songs celebrating sex with underage girls - not always consensual.

[lob1]

66. My guess is that the pubs know the artist won't give them

permission, so they just use it anyway. So they get a cease and desist order two months later, they got free use and it cost them nothing. There's no penalty other than to stop using it. It's all gain for them.

[Hissyspit]

67. "Top Ten Political Thefts of Music:"

Only one Dem on the list. Guess who it is?

http://blogs.westword.com/backbeat/2010/06/top_ten_political_thefts_of_mu.php

Lists
Top ten political thefts of music
By Jef Otte Mon., Jun. 7 2010 at 2:23 PM

There's a certain political group that pays a lot of lip service to individual property rights -- raise your hand if this sounds familiar: Lower taxes, gun ownership, capitalism! As it turns out, there seems to be one aspect of individual property that certain group does not seem to respect: intellectual property.

With campaign season ramping up, politicians are appropriating songs to spread their message, and for a lot of them, "appropriating" means "stealing." Not all of them sport an "R" next to their name, but, well, most of them do. Here's our top ten of artist-politician faceoffs.

10. Rand Paul (R-Kentucky, U.S. Senate candidate) v. Rush Rush was not feeling the spirit of Rand Paul's Senate run when the band sent a cease-and-desist letter to Paul for his use of "Spirit of Radio" in an online campaign ad. Paul might get some kudos for diverging some from the classic-rock hit-parade (most don't), but when he dismissed the order as trivial and said the song amounted to "background music," he most likely didn't ingratiate himself much with the band.

09. Marco Rubio (R-Florida, U.S. Senate candidate) v. Steve Miller Band When Marco Rubio used "Take the Money and Run" to attack Florida Governor Charlie Crist, his Senate primary rival, he apparently took the song and ran, since he hadn't asked Steve Miller to use it. Although never known as a particularly cerebral songwriter, Miller got a good zing in when he suggested that Rubio "learn more about publishing law and intellectual property rights" in the cease-and-desist letter.

REST AT LINK

[savalez]

69. In 2008 Foo Fighters asked McCain to stop using My Hero

"The rock band is the latest act to ask the McCain-Palin campaign to stop using its music. Heart, Van Halen, John Mellencamp and Jackson Browne have also asked for the campaign to turn off their tunes, according to ABC News."

http://today.msnbc.msn.com/id/27090226/ns/today-entertainment/t/foo-fighters-want-mccain-stop-using-song/

[Crowman1979]

70. You'd figure there would be enough country artists will to give a rethug their songs for free.

[avebury]

72. K&R

[marmar]

73. More proof that conservatives just don't "get" the arts:

Well, she was an American girl
Raised on promises
She couldn't help thinkin'
That there was a little more to life somewhere else
After all it was a great big world
With lots of places to run to
And if she had to die tryin'
She had one little promise she was gonna keep

O yeah, all right
Take it easy, baby
Make it last all night
She was an American girl

Well it was kind of cold that night,
She stood alone on her balcony
Yeah, she could hear the cars roll by,
Out on 441 like waves crashin' on the beach
And for one desperate moment
There he crept back in her memory
God it's so painful when something that's so close
Is still so far out of reach


Frau Bachmann is clueless.

[Enthusiast]

74. K&R!

I like it.

[PuffedMica]

75. K&R

[atomic-fly]

77. everyone should buy a new song or cd by him today! nt

[Joey Liberal]

78. Bachmann is a Bitch.

Nuff Ced.

[The Nexus]

112. Could you turn it to the C word? nt

[No Elephants]

80. Cool, but does he still own the rights? Often when something like this happens, it turns

out the artist's recording company or whoever then actually owns the song gave permission to the politician, for a fee, of course.

It's like my objecting to someone renting in home I owned three owners ago. I can be as sad as I want to be about it, but I have no legal right to evict.


Cease and desist is pretty lame, too. You may as well call Bachmann and tell her you don't like her using your song. Big deal.

If you really care, you get an injunction--and these artists usually have more than enough money to do that.

[Adenoid_Hynkel]

82. He most certainly does.

"American Girl" is from his debut album from the defunct Shelter label.

From Wikipedia:

During 1993, the Shelter catalogue was bought out by Capitol/EMI, and their imprint The Right Stuff reissued many titles (except for Tom Petty and J. J. Cale albums, as the Tom Petty Shelter albums are controlled by Petty himself and currently distributed by Rhino, owned by the Warner Music Group, also owners of Petty's current label Reprise Records, and the J. J. Cale Shelter albums are controlled by Universal Music Group, the successor to MCA).


Bachmann picked the wrong Petty tune to steal.

[TomClash]

83. Why not use Ted Nugent's "Cat Scratch Fever" instead?

I'm sure he won't mind.

If she gets elected the whole country will get sick.

[Doctor_J]

101. Or Denis Leary's "I'm an asshole"

[Hubert Flottz]

84. Tom is a patriot.

I'm glad he swatted that crazy eyed KochRoach.

[graywarrior]

85. Always loved Tom

Think I'll make my own Tom Petty marathon today.

[Jester Messiah]

86. Good for him! I wouldn't want my name or work associated with her either!

Tom Petty is a real American, he understands the soul of our country. It's no wonder he wants nothing to do with that flake.

[guitar man]

89. Go Tom!!

I wouldn't let her use my songs either. If she needs a theme song she should call up Buckcherry and see how much $$ they want to license "Crazy Bitch" :silly:

[Tuesday Afternoon]

90. love Tom.

always did.

[Lint Head]

94. EXCELLENT!

:rofl:

[Doctor_J]

99. I'd like to see him sue for every donation made between when

she first played his song until now.

[Sarah Ibarruri]

103. Why do Repukes always do this? Why do musicians end up having to seek legal recourse against GOPers

On a different note, I love Tom Petty!

[tavalon]

104. That woman cannot catch a break

Though I'm fairly sure he would give her the rights to "Free Falling"

[KamaAina]

105. Again?! Is this some kind of bizarre repuke initiation ritual??

Wouldn't it be easier for them to stick to "God Bless the USA" or "Let The Eagle Soar"? :eyes:

[GreenTea]

111. Republicans (Nugent, Haggar, Kid Rock) can't understand why Petty or Springsteen etc. etc. are

caring liberals....

Because all Republicans are simply cold-hearted lying greedy social-bigots they just don't care, it's not in them born with something missing - compassion- as republicans, including republican musicians watch as people lose their homes, go hungry, with no medical care, kids education being cuts instead giving the money to the rich & their corporations in tax break or subsidies (corporate welfare)in their own towns, so what...republicans don't care - they despise the less fortunate - if they support the republican party they support republican agenda & ideology the cocksuckers....

Republican instead favor the money, the wealthy, the rich while constantly giving even more to the filthy richest 2% and their corporations in subsidies, loop-holes, tax cuts and give-aways in return the rich just buy more stock, hide their money off-shore, invest in other cheap labor markets and out-source American jobs and hire cheaper undocumented workers by the tens of thousand for for slave wages & no benefits so the richest corporations can steal even more for higher profits but these sick warped brain republicans want more, never enough for these pigs!

And when these arrogant cold-hearted greedy elitist go to concerts by liberal musicians who at least care....but the dumb ignorant republicans don't want to hear progressive ideas "just shut up and play" - I say FUCK you republican assholes get the FUCK outta here, NOW!

I certainly wouldn't go hear or see any musicians, rocker or whomever if I knew they were regressive conservative republican assholes....such as Nugent or Sammy Haggar or Kid Rock etc....Fuck the slimy republican,s ALL of them!!

[go west young man]

122. Well put.

I get tired of Repubes telling musicians to "shut up and play". The reason people are at that show is because the musician was driven by a desire to
effect the world. The musician has the microphone and the right to say what they want to during their show. If fans don't like it they can piss off.
I'm glad John Lennon didn't shut up and I'm glad Peter Gabriel speaks out. Republicans think it's ok for an opinionated talk show host like O'Reilly
to spout off but no one else. Musicians who are driven to change the world for the better have earned their right to speak. The same goes for stars
at The Academy Awards. They have the microphone. They earned it. Let them speak. And for those that don't like it, go listen to some other persons
music instead. Rant over.

[Doctor_J]

126. Heh. Friends don't understand why I'm one

Logic: You're white and employed, how can you vote Dem?
Retort: You're smart and a decent person. How can you vote Repuke?

[larwdem]

140. THAT WAS GREAT

:yourock: :kick:

[joeybee12]

115. Why am I the first to note that Michelle meant to play American IDIOT

and not American Girl.

[DebbieCDC]

135. I can only imagine Billy Joe Armstrong's reaction to Bachman using American Idiot

It would make Tom Petty's C&D letter look like an invitation to tea

[wordpix]

117. why do these politicians (many of them lawyers) think they can steal intellectual property

Sheesh, it's THEFT if you don't pay for rights and royalties.

[Doctor_J]

127. Repukes think they're entitiled to EVERYTHING

Being thieves pales next to most of their crimes.

[Divine Discontent]

120. get it through your thick hyper-conservative heads - quit using our music! K&R 200!

[davidwparker]

121. Michelle, stick to Charlie Daniels. n/t

[TNLib]

130. I love Tom Petty

I guess he's a liberal :) which doesn't matter I would still love his music either way.

[DebbieCDC]

131. I remember when the Boss had to do this with Saint Ronnie Ray-guns

To stop him from using Born in the USA - if the stupid assholes had only listened to the fucking WORDS they would never have touched that song with a 10-ft pole.

Didn't Jackson Browne have to sue some winger nut also over using one of his songs?

[DebbieCDC]

133. If she wants to use a Petty song let her use Breakdown

That's where she and her "campaign" are headed anyway

[kokoro]

136. Sure, let her use it...

And let these words come true for her campaign: "God, it's so painful when something that's so close/Is still so far out of reach."

[Catherine Vincent]

137. Am I the only one that thinks the artist should be okay with a politician

using their songs as long as they got permission beforehand?

[Lordquinton]

141. She didn't get permission beforehand

That's the whole point here. And just because she asks doesn't mean they have to say yes.

[muntrv]

139. Apparently, repubs have never heard of copyright laws.