Last week, Heart’s Wilson sisters got incensed over the McCain/Palin campaign’s playing their song “Barracuda” during the Republican National Convention in honor of vice-presidential nominee Sarah Palin’s high-school nickname. The sisters claimed that they were so fired up they sent off a cease and desist to the GOP, and a Republican spokesman coldly said that the song was being rightfully used. So what’s the deal? Slate has helpfully provided a guide to the types of licenses the McCain campaign would need if they’d like to continue using the song.
• Playing it over the speakers at the convention is fair game. The Republicans needed a license from American Society of Composers, Authors, and Publishers, which licenses and controls the publishing rights for “Barracuda” as well as thousands of other songs, in order to play it over the speakers at the Xcel Center in St. Paul last week. And they did acquire said license, according to a party spokesperson who spoke to Slate.
• Using it in a video about Palin’s penchant for shooting down wolves from the comfort of a plane and “suggesting” that books be removed from libraries, maybe not. In order to use the song in video montages, the GOP needs what’s called a “sync license,” a bit of legalese (and cash) that allows a piece of music to become attached to a video or other work. Some artists ask to be contacted before sync licenses for their songs are granted, in order to preserve at least some of their works’ thematic sanctity.
• If the GOP keeps using the song, the Wilson sisters may be able to put their foot down. Depending on which state’s legal muscle they decide to flex, Ann and Nancy can say that the McCain/Palin campaign is violating their “right to publicity” by associating them with a person who they’re obviously appalled by. (Something tells me that Palin is getting a big kick out of how she’s winding up Heart, and will continue using the song every time she’s allowed out to speak in public, playing it on Guitar Hero, etc.)
Will McCain’s Heart Stop? [Slate]
‘Barracuda’ Belongs to the Rock Group Heart [NYT]
Heart – Barracuda [YouTube]
I want a Club Remix of Palin speaking in tongues.
Palin roused her Iditarod sled dog team by dangling the cover of BEBE LE STRANGE from a stick (huskies hustle after poodles)
That’s one kick-ass satiny pirate shirt/peasant blouse that one of the guitarists is rockin’ in this vid…
I hope the Republicans use the song again just so I can see someone get hit with a lawsuit.
@loudersoft: …or an anvil.
@loudersoft: I hope the Republicans use the song again just so I can see someone get hit in the face by Ann Wilson. She’s a big girl.
Love it:
“[I]n a subsequent email, Fisher said he strongly endorsed the Democratic ticket, and would donate a portion of royalties he receives from the Republicans’ airing of “Barracuda” to the campaign of Sen. Barack Obama.
“With my contribution to Obama’s campaign, the Republicans are now supporting Obama” he said.
In other words, the Republicans’ spite might just help Obama reach his fund raising goals! Seriously, that’s delicious.
I was pretty sure about point number one. I think all the other times they’ve been asked to not use a song (and has there been a campaign with more requests not to use songs than McCain/Palin?) they were being polite by stopping. As long as they didn’t put it in a campaign ad or anything and as long as the performance fees were paid, I couldn’t see how it was any different than hearing 2 Unlimited at a basketball game. Right to publicity is the one I was curious about. I’d like to see this go to court too because I’m genuinely curious about this aspect of copyright law.
OTOH, this has probably given Heart more publicity in ohhh, at least 15+ years.
If you’re Heart, you probably don’t care one way or the other (as evidenced by the fact that they don’t want the Republicans using it and have said as much).
Maybe Sarah Palin needs to learn that when a woman says “no” she means “no”.
@Captain Wrong: I’m curious about the third issue too, as well as the possibility of news program/”fair use” cropping up. I keep hearing rumors that Fox News ran a documentary piece on Palin several times last week using “American Woman.” Now, using the song in a news piece is covered under fair use, but is a non-live program several times through the week, even if it’s under the guise of “news”?