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| The rock group Survivor, around 1979. Their hit “Eye of the Tiger” was used by Newt Gingrich. |
NYT- Let’s say you’re a Republican running for president. You’re looking for a rousing pop anthem to pump up your troops and underscore your message. There’s plenty of music out there, but you have a problem: most of the pop stars, it seems, prefer Democrats.
Mitt Romney and Newt Gingrich were forced this week to stop using songs at their rallies after songwriters complained that the campaigns had played the pieces without permission. Strike another two songs from the Republican playlist: “Eye of the Tiger,” by Survivor, and “Wavin’ Flag,” by the Somali-born musician K’naan.
It seems that every campaign season the issue of politicians’ use of pop songs without permission crops up, often with partisan overtones. And with the Internet making it easier for musicians to track the use of their songs, and with the country’s politics becoming more bitterly divided, more musicians are making legal complaints and prevailing.
In 2008 Jackson Browne successfully sued Senator McCain and the Ohio Republican Party for using his hit “Running on Empty” as the music for a campaign ad attacking the energy policies of Barack Obama. He won an undisclosed cash settlement and a public apology from Senator McCain. Two years later David Byrne sued Gov. Charlie Crist of Florida for using the Talking Heads’ “Road to Nowhere” in a commercial attacking his opponent Marco Rubio. The governor paid an undisclosed penalty and post a videotaped apology on the Internet.
Because the politicians paid damages, the suits against Senator McCain and Governor Crist were a turning point, political strategists and copyright experts said. Before, there had been little incentive for campaigns to seek permission, since legal actions were rare. Until the recent cases, the only risk to the candidate was a spot of bad publicity
http://www.nytimes.com/2012/02/04/arts/music/romney-and-gingrich-pull-songs-after-complaints.html



